New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-12-22

benefit by such eminent saints as Rynders and
Duff Green, what are you going to do about it
We promised our readers, the other day, some
account of the County Courts of England, which
have had such fatal effect in thinning the ranks of
the lawyers And not only 80, they have relieved the
Superior Courts to such q degree that there have
been instances of their actually adjourning for lack
of something to 40. Puneh, We recollect, once
gave ,le.ch Of the Court Of Queens Bench, and
the various diversions the Judges and Barristers in
attendance had to resort TO 10 kill time. The object
of the institution of the County Courts was TO
simpify and cheaper the administration OF justice
in civil cases Of no very great amount-the orislna
Jurisdiction of the Courts, on their establishment
in 1896 extending but to suits involving sums Of
eco, which has since been enlarged IN lS9o 70 IN
elude those for ESQ., This double object las been
very efFectually accomplished.
All the technicalites of wriss and pleading are
dispensed with, and with them the services OF at
torneys, Who our readers will recoect, constitute
in England distinct aud subordinate branch of the
legal profession. The parties are heard in their
own behalf under oath, which relieves them from
the vet greater expense Of the services of barrs
ter 10 argue it for them. The jurisdiction Of tho
Courts extends over all personal actions" when
the debt damsge or demand does not exceed the
sum of $50, whether on balance of acc punt or
otherwise. By their original constitution they
were excluded from trying certain kinds OF causes,
such as actions involving the title to real estate, or
the validity of any bequest or limitation under
will, or for libel, SANDER, or breach of promise Of
marrisge. But, by an act Of the last session of
Parliament, the County Courts may try any causes,
except for criminal conversation, of which any of
the Higher Courts have jurisdiction provided both
parties sign an agreement to that effect, which is
filed in the Court. And the Judge may decide any
question az to land or real incorporeal heredta
ments, which may arise incidentally in any suit,
upon written agreement as above. But such Incl
dental decision is not final, and is not evidence of
ESQ may not be divided in order to bring it within
the jurisdiction Of these County Courts; but suits
involving larger amounts may be entertained, on
the waiver of the excess by the plaintiff, or if such
amount be reduced within ESQ by offset or other
wire.
The jurisdiction of the County Courts IL not ex-
elusive of tho Higher Courts, but the bringing of
actions before the latter which came within the
scope of the former is discouraged by higher rate
of costs in such cases, with only certain specified
exceptions. A Higher Court may remit case
commenced before it to County Court, on appli'
cation of either party, if the amount a: issue did
not originally exceed ESQ., or If it has been reduced
within that sum by OBJECT, tender or otherwise. On
tho other hand, the defendant may, on giving secu-
ri.y, remove his case to q Higher Court, provided
the amount, if on contract, exceed f2O or f5 if
for tort. The County Courts have Jurisdiction,
also, of some matters not within the cognzance Of
tie Common Law in England, provided the amount
in question does not exceed ESQ; a. touching the
uniquit sted balance Of partnership account or
dist,ibu,ive share of an intesate estate, legacy
under will They also furnish summary relief in
cases where houses, lands, &C., are unlawfully
withheld from the landlord by the tenant. Any one
accultomed to watch the English Courts Of Law,
mu,t have noticed the very small sums, compare.
lively for which the great proportion Of the litga.
ton in the Higher Courts used to be had. Very
much of it was for sums less than ESQ, and all Of
this is removed to the disposition of summary
tribunal and relieved Of the burdensome intermedi-
alton of attorneys and barristers.
The manner of proceeding will show how this il
accomplished. A person wishing the relief Of this
Court goes to the Registrars Office and presents
his bill or demand, and makes oath to ~ This 10
entered in q book kept for the purpose, and the
Registrar issues summons to the defendant, which
Is served upon him by the bailiG If the amount
demanded exceed eco, the defendant must give
written notice of his intention to defend before the
day Of return. If he neglect this, he is defauted
with costs Where the amount at issue 10 less than
ego, all he has to do il to be present in Court with
his Witnesses on the day named, and the plaintiff is
also bound to be ready with bis proofs. When the
e.se is called, the plaintiff and defendant are placed
in witness boxes on opposite sides of tho Judge,
who isa barrister of q certain standing and are
sworn The plaintiff is FIRST heard, and then the
defendant may crose-examine him and give his own
version Of the case Other witnesses are called il
necessary. and thus the real point in dispute soon
evolves, and the Judge i, enabled to come to
speedy decision as to its merits. In case he de-
cides in favor of the plaintiff in whole or in part he
is authorized to give judgment BY installuents,
should the defendant not be sbundantly able to pay
at once. If any Of the ipstallmen.s are not paid,
execution may ssue for the whole; but this is very
rarely done, as plaintiffs usually find it more for
their advantage to give an extension of time.
We should have nentioned before that in all cases