PART I. orders various alterations have from time to time been made, and additional courts established (a). The council of any city or borough, or a majority of the ratepayers of any parish within the limits of which a local court, not being a county court, is established, or into the limits of which city, borough or parish the jurisdiction of such local court extends, desirous of excluding the jurisdiction of such court in causes whereof the county court has cognizance, may petition the Queen in Council for such purpose, and if notice of such petition has been publicly advertised in the city, borough or parish, and in some public newspaper circulating therein, the Queen may by Order in Council declare the exclusion of the jurisdiction of the local court throughout the whole or any part of the district of the county court; unless a petition against declaring such exclusion is presented, or a caveat is entered at the Council Office. If a counter-petition is so presented, or any caveat is entered, then the Queen may refer the petitions to the Judicial Committee of the Privy Council, and on their report make such Order in Council as she is advised (b). In (a) In the original division of the Orders in Council which do not afford that information have not been attached to this work. Soon after the issuing of the Order in Council of the 13th November, 1858, by which order extensive alterations were made in many of the districts, a revised edition of the index was issued to the registrars. It can be purchased by the public from the Queen's printer. (b) 15 & 16 Vict. c. 54, s. 7. In 1853, the town council of Birming ham, after much opposition, obtained the exclusion of the mayor's court in that borough from cognizance of all matters that could be heard in the county court, the petition and a counter-petition having been argued for and against before the Judicial Committee during two days. See order in Gazette of 3 Jan. 1854. Subsequently similar orders were made respecting the Ipswich Court of Small Pleas, and the Court of Record of the town of Nottingham, and the Court of Pleas of the city of Worcester, in all matters where the amount claimed does not exceed 201., and in all actions of ejectment where the rent does not exceed 501. CHAP. I. Court-houses.]-By stat. 9 & 10 Vict. c. 95, s. 53, as soon as a court was established under that act, all real Court-houses. estates and effects vested in or belonging to the commisExisting sioners, clerks, or other officers of any of the courts men- courts. tioned in Schedule (A.) and (B.) of the Act, which were holden in trust for the purposes of the court, vested in the treasurer of the county court, in trust for the purposes of the act. In districts where a court-house and offices have not been provided, or are insufficient, the treasurer, with Treasurers to the approval of the Commissioners of the Treasury, may provide. build, purchase, hire, or otherwise provide messuages, with all necessary appurtenances, for holding the court and offices; or, instead of providing separate buildings, may contract for the occupation of any county or town hall or other building, or so much thereof as is needed; and all real and personal estates and effects belonging to the court vest in the treasurer for the time being, and in his successors, in trust for the purposes of the Act (c). The provisions of the Lands Clauses Consolidation Act, 1845 (d), apply to such purchase, except such as relate to the purchase and taking of lands otherwise than by agreement; and the treasurer, acting with the approval of the Commissioners of the Treasury, is deemed the promoter of the undertaking for which such lands are required (e). The treasurer, for the purpose of defraying the expenses of building, purchasing or providing messuages and lands for court-houses, was empowered to borrow money, at the rate of interest allowed by the Commissioners of the Treasury, and enter into necessary securities for that purpose, which were binding on him and his successors in office, for repayment out of the general fund: he was to enter in a book belonging to the court, kept by him for the purpose, the names of the persons by whom money was advanced, in the order in which it was advanced, and the debts were to be paid in the order of entry (f). By sect. 85 of 19 & 20 Vict. c. 108, these expenses are now to be paid out of monies to be provided by Parliament. A building which is leased by a treasurer of a county (c) 9 & 10 Vict. c. 95, s. 48, as amended by 30 & 31 Vict. c. 142, s. 18. (d) 8 & 9 Vict. c. 18. (e) 9 & 10 Vict. c. 95, s. 50, as P.N. amended by 30 & 31 Vict. c. 142, s. 18. (f) 9 & 10 Vict. c. 95, s. 51 ; but see 19 & 20 Vict. c. 108, s. 85. C PART I. Town-halls and public buildings. General fund. Sittings of the courts. court for the purposes of the court is not rateable to the relief of the poor; since there is no beneficial occupier of it, nor are any profits derived from its occupation (g). By sect. 24 of 13 & 14 Vict. c. 61, a greater facility in obtaining court-houses is afforded by a provision, that in every town or place where a county court is holden, and no court has been already erected or hired, the townhall, court-house, or other public building belonging to the county, city, borough or town, may be used for the purposes of holding the courts, without any charge except for lighting, warming and cleaning, and other expenses necessarily incidental to the use of the said building for the purposes of the courts; an arrangement must, however, be made, so that the sittings of the courts shall not interfere with the business of the county, &c. usually transacted in the building used, or with any purposes for which it may be used by virtue of any local act (h). By sect. 15 of 18 & 19 Vict. c. 126, petty sessions may be held in any county court-house without charge. General Fund.]-This was a fund which, under 9 & 10 Vict. c. 95, s. 52 (now repealed), was raised for the purposes of providing court-houses, and defraying all other expenses of the courts (i). As all sums of money paid into court to the use of the suitors which shall remain unclaimed for six years (the time during which the person entitled is an infant, feme covert, of unsound mind, or beyond the scas, not being taken into account), and the monies arising from penalties, forfeitures and fines, when paid and levied, if not otherwise appropriated by the act, are applicable to and must be carried to the account of the general fund, this fund still exists for their receipt (k). Sittings of the Courts.]-The 9 & 10 Vict. c. 95, s. 56, provides that the court shall be holden within each district at such times as the judge appoints, provided it is (g) Reg. v. Overseers of Manchester, 18 Jur. 267. (h) 13 & 14 Vict. c. 61, s. 24. (i) By a tax of 1s. in the pound on all claims for sums exceeding 40s., and a fixed sum of 6d. on claims for sums above 20s. and not exceeding 40s. It was subsequently lowered to 8d. in the pound on claims for sums above 40s. and not exceeding 204.; and for claims for more than 207, it was taken as upon 201. only. These expenses, for which this tax was levied, are now paid out of a grant of Parliament. (k) 9 & 10 Vict. c. 95, ss. 112 and 133. CHAP. I. holden once at least in every calendar month, or at such other interval as the Lord Chancellor may appoint (1); and that notice of the days appointed for holding courts, or of any change in such days, shall be put up in some conspicuous place in the court-house, and in the office of the clerk of the court. In addition to this, in order that the suitors may know, a convenient time beforehand, when the courts will be holden, the rules of practice require the judges to appoint the days and hours for holding each of their courts. A notice of such appointment must, three Appointment calendar months before the holding of such courts, be of." forthwith affixed in some conspicuous place in the courthouse and in the office of the registrar. Whenever any day or hour so appointed is altered, notice of the alteration and of the time when it will take effect must be affixed in the same way. The judge may, however, from time to time, hold additional and adjourned courts (m). Where a court cannot be held by reason of the death or unavoidable absence of the judge, the court is to be adjourned by the registrar, or in his absence by the high bailiff, and an entry thereof is to be made on the minutes (n). No two courts may be held before the same judge on the same day, unless by consent of the Lord Chancellor, but an adjourned court may be held on the same day with another court (o). By 28 & 29 Vict. c. 99, s. 14, courts need not be held in the month of September, unless the Lord Chancellor shall order otherwise, and with his sanction the judge, if he holds courts in September, need not hold them during some other month in the year. (1) Many of the smaller courts in the agricultural districts are held less frequently than once a month by orders of the Secretary of State. By sect. 19 of 30 & 31 Vict. c. 142, this power is transferred from the Secretary of State to the Lord Chan- (m) Rule 1. (n) 19 & 20 Vict. c. 108, s. 7. Judge, ap removal. Judge, Appointment and Removal.]-The necessary pointment and qualification of the judge of a county court was, at the original establishment of the courts, that he should be a barrister of seven years' standing, or that he should have practised as a barrister and special pleader for seven years, or have acted in the capacity of judge in one of certain local courts mentioned in the 9 & 10 Vict. c. 95 (a): any future judge must be a barrister of seven years' standing, or must have practised as a barrister and special pleader for seven years, or have been the county clerk of the same county at the time of passing the 9 & 10 Vict. c. 95 (b). The judge is appointed by the Lord Chancellor, except where the whole of the district of the court is within the Duchy of Lancaster, in which case he is (a) 9 & 10 Vict. c. 95, s. 9. (b) Ib. s. 16. |