appointed by the Chancellor of the Duchy. The Lord Chancellor may remove a judge from any district, and appoint him to any other district, or appoint him to additional districts (c). The Lord Chancellor, or Chancellor of the Duchy respectively, may remove a judge for inability or misbehaviour (d). He cannot sit as a member of Parliament (e), nor can he practise at the bar, or as a special pleader, or equity draftsman, or be directly or indirectly concerned as a conveyancer, notary public, solicitor, attorney or proctor, and if an attorney, he cannot hold certain offices which, having regard to the present qualification of a judge, it is not necessary to enumerate (ƒ).

Where a judge, whose district was within the Duchy of Lancaster, had been removed from his office by the Chancellor of that Duchy on the ground of inability, a motion was made in the Court of Queen's Bench for a quo warranto to his successor, and affidavits were read to show that the Chancellor had come to an erroneous conclusion; but upon it appearing that the Chancellor, before removing the judge, had held an inquiry as to certain charges against him, and had heard counsel and witnesses, both in support of such charges and also for the judge, the Court held that they would not inquire into the amount or balance of the evidence adduced before the Chancellor, he having acted legally, and given the party accused a fair opportunity of being heard; nor would they grant a quo warranto for the purpose of allowing the question of fact to be submitted to a jury. The Court intimated, however, that if the Chancellor had removed the judge without a proper inquiry, or upon grounds other than "inability or misbehaviour," they would have controlled his decision (g).

CHAP. II.

For what Districts.]—A judge is appointed for each For what disdistrict (h), and the Lord Chancellor may appoint to any tricts. district two judges (i). After districts were created by Order in Council, the Lord Chancellor appointed sixty judges (k) to the courts, and the number of districts to

(c) 21 & 22 Vict. c 74, s. 1. (d) 9 & 10 Vict. c. 95, s. 18. (e) 25 & 26 Vict. c. 99, s. 4. (f) 15 & 16 Vict. c. 54, s. 16. (g) Ex parte Ramshay, 21 L. J., Q. B. 238: S. C. 16 Jur. 684. (h) 9 & 10 Vict. c. 95, s. 3.

(i) 21 & 22 Vict. c. 74, s. 2. Under this section the courts at Liverpool, Ormskirk and St. Helen's are presided over by two judges.

(k) This number cannot be increased, unless by direction of Parliament. 21 & 22 Vict. c. 74, s. 3.

PART I.

Duties.

Deputy.

which they were respectively appointed varied from one to twelve. In some instances one judge was appointed to hold the courts in several districts. It has been held that this mode of appointing is legal, and further, that the same person may, at the discretion of the Lord Chancellor, be a judge of two different county courts (1).

Duties.]-The judge must hold the court at each appointed place within his district, once at least in every calendar month, or at such other interval as the Lord Chancellor may order (m). He is sole judge in the court, and must determine all questions both of fact and law, unless a jury is summoned (n). If his name be inserted in any commission of the peace for the county, riding or division of the county for which he is appointed judge, he may act as justice of the peace for such county, riding or division, without the qualification by estate required by law in the case of others, if he is not disqualified from any other cause (o).

Deputy.]-In case of the illness or unavoidable absence of the judge (the cause whereof must be entered on the minutes of the court), he, or in case of his inability, the Lord Chancellor, or the Chancellor of the Duchy, as the case may be, may appoint a deputy, who is himself a judge of a county court, or who has practised as a barrister and special pleader for at least seven years, to act during such illness or absence (p). The judge may also, with approval of the Lord Chancellor, or Chancellor of the Duchy, appoint a deputy, qualified as above, to act for him for any time or times, not exceeding in the whole two calendar months in any consecutive period of twelve calendar months. The deputy so appointed has, during the time for which he is appointed, all the powers and privileges of the judge whose duty he performs (q); and should the judge die, he is to continue to act until a successor is appointed, or the Lord Chancellor otherwise orders, by whom his remuneration for so acting is to be settled (r). If during the absence of the judge his deputy is incapable of

(1) R. v. Parham, 18 L. J., Q. B. 281; S. C. 13 Jur. 981.

(m) 9 & 10 Vict. c. 95, s. 56, as amended by 30 & 31 Vict. c. 142, s. 19.

(n) Ib. s. 69.
(0) Ib. 8. 21.

(p) 9 & 10 Vict. c. 95, s. 20, as amended by 19 & 20 Vict. c. 108, 3. 6.

(9) Prior to 30 & 31 Vict. c. 142, a deputy could not act in any matter under the Charitable Trusts Act.

(r) 19 & 20 Vict. c. 108, s. 11.

performing his duties, the Lord Chancellor may appoint another deputy in his place (s). No deputy judge, while he is acting as deputy (except it be in the Westminster County Court of Middlesex), may practise as a barrister in any court within the district for which he acts, or is entitled to act, as deputy (t). Judges may act for one another, within or without their respective districts (u).

CHAP. II.

Salary.]-The salary of the judge of a county court Salary. was fixed at 1,2001. a year, by sect. 81 of 19 & 20 Vict. c. 108, with the exception of those judges mentioned in Schedule (D.); but by sect. 13 of 28 & 29 Vict. c. 99, the salaries of all the judges were increased by 300l. a year. All future judges will receive 1,500l. a year (x).

Pension.]-The Lord Chancellor may, on petition, Pension. recommend to the Commissioners of the Treasury that a pension, not exceeding two-thirds of the average amount of salary received during the then last five years, shall be paid to any judge who, he is satisfied, is afflicted with a permanent infirmity disabling him from the due execution of his office, and who is desirous of resigning (y).

Liability.]--A judge is not answerable in an action for Liability. an erroneous judgment, unless he directs an act to be done when he has no jurisdiction; in which case he would be liable in trespass (2). Nor will the Court of Queen's Bench grant a criminal information against the judge of a county court who acts with irregularity, unless a corrupt motive is attributable to him (a).

Treasurer.]-The treasurer is appointed by the Com- Treasurer. missioners of the Treasury, and is removable at their pleasure (b). No special qualification is necessary. The number of these officers originally appointed was twentythree, to each of whom a certain number of courts was assigned. By 29 Vict. c. 14, vacancies in the office are not to be filled up. See page 25.

Duties.]-The duties of the treasurer consist in audit- Duties.

(s) 30 & 31 Vict. c. 142, s. 20. (t) 13 & 14 Vict. c. 61, s. 3. (u) 30 & 31 Vict. c. 142, s. 20. (x) 28 & 29 Vict. c. 99, s. 14. (y) 15 & 16 Vict. c. 54, s. 15, as altered by 28 & 29 Vict. c. 99, s. 14. (*) Houlden v. Smith, 14 Q. B.

PART I.

Salary.

Superannuation.

ing, half-yearly, quarterly, or oftener if necessary, the accounts of the registrar of the court connected with the ordinary duties of his office (c); in receiving the balances of the various monies to be paid over to him; in disposing of the balance remaining in his hands, as directed by the Treasury (d); and in submitting annually to the Audit Board an account of his receipts and disbursements, with proper vouchers in respect of them (e). The account is then audited, and a statement of it transmitted to the Commissioners of the Treasury, upon whose warrant the account is made up and passed. It is then signed by two Commissioners of Audit, who are empowered to sign a certificate (f). He is required, with the approval of the Commissioners of the Treasury, to build, purchase, hire, or otherwise provide courts and offices (g). All the real and personal property belonging to the court is vested in him and his successors in trust for the purposes of the court (h). The mode and form in which the treasurer is to audit the accounts of the courts, and to render his own accounts to the Commissioners of Audit, are prescribed by instructions given by the Lords of the Treasury in January, 1857, which were issued in lieu of those given in December, 1851 (i).

Salary.]-The salary of the treasurer is determined by the Treasury. It was originally charged on the Consolidated Fund, but is now voted annually (k). It varies from 700l. to 850l. Besides his salary, he receives the expenses he is out of pocket in travelling. He is also allowed for a clerk, but is bound to provide an office out of his salary.

Superannuation.]—The Commissioners may, when they think efficiency and economy will be attained thereby, grant to a treasurer retiring a superannuation allowance,

(c) 9 & 10 Vict. c. 95, s. 42. In Burridge v. Nicholetts, 6 H. & N. 383; S. C. 30 L. J., Exch. 145, it was held, that where a registrar, to whom notice of the treasurer's intention to audit the books had been given, locked up his office and left at the time for closing appointed by the 6th Rule of Practice, the treasurer was justified in breaking open the office to get at the books.

(d) 9 & 10 Vict. c. 95, s. 44.

(e) 9 & 10 Vict. c. 95, s. 43.
(f) Ib. s. 47.

(g) Ib. s. 48, as amended by 30 & 31 Vict. c. 142, s. 18.

(h) 9 & 10 Vict. c. 95, s. 53. (i) These directions and forms being of considerable length, and relating only to the mode of keeping accounts between the registrar, treasurer and the treasury, omitted.

(k) 17 & 18 Vict. c. 94.

are

not exceeding such amount as may be granted to a civil servant under "The Superannuation Act, 1859," retiring upon medical certificate (1).

Vacancy in Office of.]-By 29 Vict. c. 14, on a vacancy in the office of treasurer it is not to be filled (m), and the accounts of the officers of the courts are to be examined by persons to be appointed by the Commissioners of the Treasury, under the supervision of a person to be named by them (n). They may make regulations for the keeping and rendering of such accounts, and for securing payment of such sums as they may from time to time direct into the Bank of England to the account of the Paymaster General, who is to carry them to an account to be called "The County Courts' Fund," out of which the Commissioners are to direct all necessary payments in respect of the courts to be made (o).

The person under whose supervision the accounts are to be examined is to render once a year to the Commissioners of Audit an account in writing of the payments into and out of the said County Courts' Fund (p). The accounts of the said person are to be audited by the Commissioners of Audit in the same manner as the accounts of the treasurers are audited (q). All property vested in a treasurer in virtue of his office, on his ceasing to be treasurer, is to vest in such person or supervisor (r); and he is to perform the duties of a treasurer in respect to the purchase of land, and of providing court-houses and offices in those courts in which there shall be no treasurer, if directed to do so by the Commissioners of the Treasury (s).

CHAP. II.

Registrar.]-To each court at least one registrar is Registrar. appointed (t). In many cases one person had been appointed registrar to several courts (u). For the future,

(t) 9 & 10 Vict. c. 95, s. 24.

(u) By sect. 9 of 19 & 20 Vict. c. 108, the registrar of more than one court ceased on 1st October, 1856, to be the registrar of all but one of such courts; and by sect. 10 he is compensated for the loss of such offices; but if any such registrar had been a clerk of a court of requests, he is entitled to continue registrar of all his courts, unless he should think fit to resign them.