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INTROD.

Customs.

Jurisdiction by

consent.

Arresting ships.

neither the value nor the rent of the lands, tenements or hereditaments exceeds 201. by the year.

There is an appeal in such actions, and the defendant or the landlord may, by summons at chambers, apply for the removal of the action into a superior court, where title to the lands or hereditaments of greater annual value than 201. would be affected by the decision in the action.

CUSTOMS. By sect. 263 of 16 & 17 Vict. c. 107 (The Customs Act), the Crown may sue in the county court for duties or penalties not exceeding 100l. The decision of the judge is final. By sect. 318, an action may be brought against custom-house officers for the illegal seizure of any boat, vessel or goods, where the damages claimed do not exceed the amount to which the jurisdiction of the court is limited; and sect. 319 provides that the case shall not be tried by a jury, except by consent of both parties, and that the decision of the judge shall be subject to appeal.

JURISDICTION BY CONSENT.-Under the provision of sect. 23 of 19 & 20 Vict. c. 108, the parties may by consent confer a jurisdiction on the county court in any action not being an action for criminal conversation (e).

By sect. 25, if in any action title incidentally comes in question, the judge may decide the immediate claim if both parties at the hearing consent in writing; but the judgment of the court is not evidence of title between the parties in any other proceeding.

By sect. 68, the decision of the judge in these actions is subject to appeal, on the same grounds as in causes where the sum claimed exceeds 201.

ARRESTING SHIPS.-By the 527th section of 17 & 18 Vict. c. 104 (The Merchant Shipping Act), in the event of an injury having been done by a foreign vessel to any property belonging to her Majesty, or to any of her subjects, in any part of the world, it is competent for the judge of the county court, in certain cases, on a summary application of any person, to direct the vessel to be detained until satisfaction is made for the alleged wrong, or security is given to abide the event of a legal proceeding in respect of it.

(e) By 20 & 21 Vict. c. 85, s. 59, the action for criminal conversation is abolished.

NUISANCES. By sect. 19 of 18 & 19 Vict. c. 121 (The Nuisances Removal Act), all reasonable costs and expenses incurred in making a complaint, or giving notice, or in obtaining an order of justices, or in carrying the order into effect under that act, are to be deemed to be money paid for the use and at the request of the person on whom the order is made, and may be recovered in any county court.

INTROD. Nuisances.

METROPOLITAN BUILDING ACT.-Within the limits of Metropolitan the metropolis, as defined by the 18 & 19 Vict. c. 122, Building Act. any award of surveyors under the Metropolitan Building Act, 1855, may be appealed from to the county court. If, however, the appellant proves that the matter involves the payment of a sum exceeding 50l., the proceedings must be stayed (f). The court may also, in case of dispute as to the amount of security to be given to an adjoining owner by the building owner, settle the amount (g). It may also give consent to anything being done by any owner in pursuance of the act, or do or cause such thing to be done, if there is no owner capable of consenting or of doing the act, or no person empowered thereto, or if the owner cannot be found (h). The decision of the court is subject to appeal where the value of the matter in difference exceeds 501. (i).

SALVAGE.-By sect. 49 of the Merchant Shipping Act Salvage. Amendment Act, 1862 (25 & 26 Vict. c. 63), the jurisdiction in salvage cases conferred by Part VIII. of the Merchant Shipping Act, 1854, upon two justices, is extended to all cases in which the value of the property saved does not exceed 1,000l., and is given also to the county court.

EQUITABLE JURISDICTION.-The equitable jurisdiction Equitable juof the county court is concurrent, except in the cases of risdiction. friendly societies and of bankruptcy, in the latter of which it is merely incidental.

PARTNERSHIP; DISTRIBUTIVE SHARE; LEGACY.-By Partnership; sect. 65 of 9 & 10 Vict. c. 95, the jurisdiction is ex- distributive tended to the recovery of a demand not exceeding 201

(f) 18 & 19 Vict. c. 122, s. 85. (g) Ib. s. 87.

(h) Ib. s. 96. See as to forms of

proceedings, ss. 100, 101.
(i) Ib. s. 102.

share; legacy.

INTROD.

Suits and proceedings.

Payment into court of trust funds.

Friendly societies.

66

(now by the 13 & 14 Vict. c. 61, 507.). “which is the "whole or part of the unliquidated balance of a partnership account, or the amount or part of the amount of "a distributive share under an intestacy, or of any legacy "under a will."

66

SUITS AND PROCEEDINGS.-By the 28 & 29 Vict. c. 99, the county courts exercise all the power and authority of the court of Chancery in administration suits, suits for the execution of trusts, foreclosure or redemption, enforcing any charge or lien, specific performance, reforming, delivering up or cancelling of any agreement for the sale, purchase or lease of property (j), and the dissolution or winding-up of a partnership; and in proceedings under the Trustee Relief or Trustee Acts, or relating to the maintenance or advancement of infants, or for orders in the nature of injunctions in certain cases.

The jurisdiction is limited to 500l., and is subject to appeal.

By sect. 8 of 30 & 31 Vict. c. 142, the Court of Chancery may transfer to a county court any suit or proceeding which might have been commenced in it.

PAYMENT INTO COURT OF TRUST FUNDS.-By sect. 24 & 25 of 30 & 31 Vict. c. 142, trust funds not exceeding 5007. in value may be paid by the trustees into the county court. And in such case the county court may exercise all the powers given to the Court of Chancery by the 12 & 13 Vict. c. 74.

FRIENDLY SOCIETIES.-By sect. 40 of 18 & 19 Viet. c. 63, where the rules of a society directed disputes to be referred to justices, they were to be decided by the county court; but by sect. 5 of 21 & 22 Vict. c. 101, this provision is repealed, and the power to decide these disputes is given to two justices of the peace.

By sect. 41 of the first of these acts, applications for the removal of a trustee, or for any relief, order, or direction, or for the settlement of disputes in certain cases, or to enforce the decision of any arbitrator, or to determine disputes if no arbitrator has been appointed, or if no decision is made within forty days after application, are to be made to the county court in the district of which

(j) 30 & 31 Vict. c. 142, s. 9.

the usual or principal place of business of the society is situate, and the court may give the same relief as the Court of Chancery. The decision of the court is not

subject to any appeal.

By sect. 42, the order of the court, if for the payment of noney, may be enforced as any other order; but where the order is for the doing of some other act, the judge may order the party neglecting or refusing to do the act to pay a sum of money, which sum may be recovered as

above.

By seet. 13, on the dissolution of a society any member who may be dissatisfied with the provision made for the satisfaction of his claim may apply to the judge of a county court, who may make such order thereon as is provided by sects. 41 and 42.

INTROD.

up cieties.

INDUSTRIAL AND PROVIDENT SOCIETIES.-By sect. 17 Industrial and of 25 & 26 Vict. c. 87, the societies may be wound provident soby the county court of the district in which the office of the society is situated, "in the same manner as any company may be, under the Companies Act, 1862," by the Court of Chancery.

By sect. 3 of 30 & 31 Vict. c. 117, the provisions in sects. 41 and 42 of 18 & 19 Vict. c. 63 are extended to industrial and provident societies.

trusts.

CHARITABLE TRUSTS.-By the 16 & 17 Vict. c. 137 Charitable (The Charitable Trusts Act, 1853), s. 32, where the gross annual income of a charity does not exceed 30%. (now, by the Charitable Trusts Act, 1860, 23 & 24 Vict. c. 136, s. 11, it is 507.), and where equitable relief is required, the county court has, subject to certain conditions, jurisdiction to entertain the application, and to "give such "relief and make such orders and directions in relation "to the matter of such application as now might be made "or given by the Court of Chancery, or by the Lord "Chancellor entrusted with the care and commitment of "the custody of lunatics, in a suit regularly instituted "or upon petition, as the case may require.' It is pro

vided, however, by sect. 41, that the county court shall not have jurisdiction to determine title either at law or in equity, or to determine any question as to the existence or extent of any charge or trust. By sect. 39 an appeal is given in certain cases.

INTROD.

Succession duties.

Literary insti

tutions.

Auxiliary ju risdiction.

Legal jurisdiction-Absconding debtors.

Bankruptcy.

SUCCESSION DUTIES.-By sect. 50 of the 16 & 17 Vict. c. 51 (Succession Duty Act), any accountable party dissatisfied with the assessment of the commissioners may, on complying with certain conditions, if the sum in dispute does not exceed 50l., appeal to the county court. The decision, is final. It would seem from the language of sect. 50 that, although the assessment exceeds 50l., it may become the subject of inquiry in the county court, if the party dissatisfied contends that it should be reduced by a sum not exceeding 501.

LITERARY INSTITUTIONS.-By the Literary and Scientific Institutions Act, 1854, in case of an institution within the act being desirous of dissolving, and any dispute arising among the governing body or the members of the institution, the adjustment of its affairs is to be referred to the county court of the district in which the principal building of the institution is situate. The court may make such order as is requisite, or, if necessary, direct that proceedings shall be taken in the Court of Chancery. The judge is also to determine to what institution any surplus funds should be given which may remain after dissolution, if the members have not of themselves determined the institution to which they are to be given.

AUXILIARY JURISDICTION.-The auxiliary jurisdiction of the court is both legal and equitable.

LEGAL JURISDICTION-ABSCONDING DEBTORS.-By the 14 & 15 Vict. c. 52, power is given to the judge of a county court to issue his warrant for the apprehension of persons sworn to be indebted to the amount of 201. or upwards, and who are about to quit England. This power is auxiliary to actions in the superior courts.

BANKRUPTCY.-By sect. 94 of the Bankruptcy Act, 1861 (24 & 25 Vict. c. 134), where a debtor petitions for adjudication against himself, and his debts do not exceed 300l., he must present his petition to a county court, if not resident within the metropolitan district, i. e., within twenty miles of the general post-office. At the first meeting of creditors (sect. 109), or by direction of the London Court of Bankruptcy (sect. 88), the proceeding on a petition presented to a Court of Bankruptcy may be

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