execution or non-execution (n). On levying or receiving CHAP. II. any money by virtue of any process issuing out of the court of which he is bailiff, he must, within twenty-four hours from the receipt thereof, pay over the same to the registrar of such court (o). Where a warrant of execution required to be executed in a foreign district cannot be executed within one calendar month from the day of its delivery, he must make to the registrar of the home court a return of what he shall have done under the warrant, and why it could not be executed; and when it cannot be executed in due time (p), he must return it within twenty-four hours of the expiration of such time; and indorse on the warrant why it has not been executed. If required by the registrar of the home court, he is to return the warrant at any time, or to give such information to him as may be required (q). The proceeds of the warrant he is to pay to the registrar of his court (r). The duties of the high bailiff in proceedings in equity, under "The Companies Act, 1867," and "The Industrial and Provident Societies Act, 1862," will be found in the chapters treating of these matters. Remuneration.]—The high bailiffs are paid by salaries, Remuneration. or partly by salaries and partly by allowances for the execution of warrants, and for mileage on the service or execution of process, as may be directed by the Commissioners of the Treasury, with the consent of the Lord Chancellor (s). These salaries and allowances are paid out of the fee fund of the courts (t). In bankruptcy, in equitable proceedings, in proceedings under "The Companies Act, 1867," and for certain duties under "The County Courts Act, 1867," they are entitled to receive fees for their own use. Liability. He is liable for his own and his bailiff's Liability. acts and defaults, in like manner as a sheriff of a county (u); he may also be ordered by the judge to pay (n) Rule 33. (0) Rule 34. (P) By Rule 151, and by 19 & 20 Vict. c. 108, s. 59, warrants are to be in force twelve months from their date. (9) Rule 35. (r) Rule 170. (s) 19 & 20 Vict. c. 108, s. 83. (u) Burton v. Legros, 34 L. J., PART I. Vacancy of a high bailiff ship. General regulations. Offices not to be conjoined, and officers not to act as attorneys. damages to the party aggrieved, if he neglect to levy execution, or does not account for the proceeds (a). Vacancy of a High Bailiffship ]-By sect. 11 of 29 Vict. c. 14, on a vacancy in the office of high bailiff no successor is to be appointed if the registrar has been appointed subsequent to the passing of the act (23 April, 1866), or if the registrar has been appointed before the passing of the act, and he is willing to perform the duties of the office of high bailiff. If he is unwilling to perform them, then a successor is to be appointed to act during the tenure of office of the then registrar only, unless the Lord Chancellor, with the consent of the Commissioners of the Treasury, shall otherwise direct. A successor may in either case be appointed if the Lord Chancellor, with the above consent, shall so determine. Where no successor is appointed, the registrar is invested with all the powers and authorities vested in the high bailiff, to the performance of whose duties he succeeds (b); and is responsible for the acts and defaults of himself and his officers, in the same manner as a high bailiff is responsible under the law (c). The registrar is remunerated by an addition for this duty of one-fifth of his net salary as registrar, and an allowance is made to him for assistants (d). General Regulations.]-No treasurer, registrar, or high bailiff, their partner or clerk, may fill more than one of those offices (except under the provisions of the 29 Vict. c. 14 (e)), or be engaged directly, or indirectly, as attorney or agent for any party in any proceeding in the court, under a penalty of 501. (f). The application by a high bailiff for and the obtaining and issuing a warrant to arrest an absconding debtor under the 14 & 15 Vict. c. 52, is not a proceeding in the county court within the above provision. Where, however, a high bailiff had so acted, the Court of Queen's Bench, although they held that he was not liable to the penalty, said that he had acted very improperly (g). (a) 9 & 10 Vict. c. 95, ss. 115, 116. (d) 29 Vict. c. 14, s. 12. (f) 9 & 10 Vict. c. 95, ss. 28, 29, 30. See Ackroyd v. Gill, 5 E. & B. 808; S. C. 25 L. J., Q. B. 111. (g) Warden v. Stone, 26 L. J., Q. B. 200. Security.]--The treasurer, registrar and high bailiff CHAP. II. who may receive any moneys in the execution of their Security. duties, must give security to the Commissioners of the Treasury, for such sum and in such manner as is ordered, for the performance of their offices, and for the accounting for and payment of moneys received by them (a). No registrar, deputy registrar, registrar's clerk, or bailiff, broker, or other officer of the court, may sign the ledger as an agent receiving money on account of suitors (b). Nor may any registrar, deputy registrar, registrar's clerk, bailiff, broker, or other officer of the court, become surety in any case where, by the practice of the court, security is required (c). misconduct. Extortion or Misconduct.]-If any registrar, bailiff, or Extortion or officer, acting under colour or pretence of the process of the court, is charged with extortion or misconduct, or with not paying or accounting for money levied by him, the judge may inquire into the matter in a summary way, summon witnesses, and make an order for the repayment of money extorted, or for the payment of money levied, with damages and costs, and may also impose a fine on the officer, not exceeding 10l. for each offence, the payment of which may be enforced in the same way as a judgment of the court (d). Any officer wilfully and corruptly exacting or taking any fee or reward, other than such fees as are appointed and allowed, is, upon proof thereof before the court, or in the case of a registrar, treasurer, or high bailiff, on allowance of the finding of the court by the Lord Chancellor, for ever incapable of serving under the act (e). Protection of Officers.] If any officer or bailiff is Protection of assaulted while in the execution of his duty, the offender officers. is liable to a fine not exceeding 5l., to be recovered by order of the court, or before a justice, and the bailiff or any peace officer may take the offender into custody and bring him before the court or a justice (ƒ). PART I. officers. Actions against Officers.]-Any action or prosecution Actions against against any person for anything done in pursuance of the act must be laid and tried in the county where, and be commenced within three calendar months after, the fact was committed, and notice in writing of such action, and the cause thereof, must be given to the defendant one calendar month before its commencement; and no plaintiff can recover if tender of sufficient amends is made before action brought, or if after action brought a sufficient sum is paid into court, with costs, by the defendant (g). The calendar month required begins at midnight of the day on which the notice is given, and ends at midnight of the day with the corresponding number in the next month in the calendar. So that if notice be given on the first of one month, the action may be commenced on the second of the next month (h). If any action is brought against any person for anything done in pursuance of the County Court Acts, he may plead the general issue, and give the special matter in evidence; and the warrant under the seal of the county court, being produced, is to be deemed sufficient proof of the authority of the county court previous to the issuing of the warrant; and if the plaintiff has a verdict against him, is nonsuited, or discontinues the action, the defendant is entitled to full costs as between attorney and client (i). With respect to the meaning of the words "done in pursuance of this act" in the above protection, it has been held upon similar clauses contained in other acts, that persons are within the protection of the clause, although their act be not legally justifiable under the statute, provided they act in a bona fide belief that they are executing some particular provision of the statute, such belief not being altogether unreasonable (k). Thus, if a bailiff acting Court of Exchequer held that they (g) 9 & 10 Vict. c. 95, s. 138. (i) 15 & 16 Vict. c. 54, s. 6. In passed, it was held that the clerk of a county court, being a mere ministerial officer to carry into effect the order of the judge, was not liable for issuing a warrant of commitment, to enforce an invalid order of committal. (k) Smith v. Hopper, 9 Q. B. 1004; Hughes v. Buckland, 17 M. & W. 346; Kine v. Evershed, 10 Q. B. 143; Horn v. Thornborough, 3 Exch. 846; Gosden v. Elphick, 4 Exch. 445; Cox v. Reid, 13 Q. B. 558; Joule v. Tay under a warrant commanding him to take the goods of A. were to take the goods of B., bonâ fide believing them to belong to A., he would be entitled to protection (1). So the bailiff of a county court, if acting bonâ fide, is within this protection, although by mistake he has seized the goods of one person under an execution against another (m); nor is his right affected by the fact that he is indemnified in so doing by the party interested (n). Where an action was brought against the judge of a county court, for making an order for the commitment of a defendant after having been served with a writ of prohibition, it was held that if the judge acted under a bonâ fude belief that his duty required him to make the order, notwithstanding the prohibition, it was an act "done in pursuance of the act," and therefore that he was entitled to notice of action (o). The notice must be "of such action;" it must therefore distinctly state that an action will be brought (p). It has also been decided, at nisi prius, that a notice stating that the action will be brought in a particular court will not suffice if it be brought, in fact, in another court (q). In the same case it was held that a notice which described the cause of action to be for breaking and entering plaintiff's house, and taking furniture therein, but not expressly claiming the furniture as the plaintiff's, was bad. It was suggested also that the notice should state the special damage, if any is claimed, in the declaration (r). ~ But this is, at least, doubtful (s). And a notice of action for a trespass by selling and disposing of goods upon certain premises, but without saying whose goods, was held lor, 7 Exch. 58; Read v. Coker, 13 C. B. 850; S. C., 22 L. J., C. P. 201; Hermann v. Seneschall, 13 C. B., N. S. 392; S. C., 32 L. J., C. P. 43; Roberts v. Orchard, 2 H. & C. 769; S. C., 33 L. J., Exch. 65; Heath v. Brewer, 15 C. B., N. S. 803; Chambers v. Reid, 14 W. R. 370. See as to effect of repealing statutes, except as to acts done under them, Foster v. Pritchard, 2 H. & N. 151; S. C., 26 L. J., Exch. 215. (1) Parton v. Williams, 3 B. & A. 330. (m) Burling v. Harley, 3 H. & N. 271; S. C., 27 L. J., Exch. 258. Under the 24 Geo. 2, c. 44, s. 6, the language of which is different, it is (n) White v. Morris, 21 L. J., C. P. (0) Bocth v. Clive, 10 C. B. 827; S. C., 2 L., M. & P. 283; 20 L. J., C. P. 151; 15 Jur. 563. (p) Mason v. The Birkenhead Im- (q) Elstob v. Wright, 17 L. T. 260. (s) Burton v. Legros, 34 L. J., CHAP. II. |