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County Court Amendment Bill.

as to the amount of the rent, or mesne profits, or both and in such case the landlord may have judgment for the recovery of possession and amount of the rent, or the mesne profits, or both.

Recovery of possession-the Mortgage Debt not exceeding 100l.

56. It shall be lawful for any mortgagee, his heirs, executors, administrators, or assignees to enter a plaint in a County Court for the recovery of the possession of any mortgaged

lands, tenements, or hereditaments where the money lent thereon shall not exceed the sum of 100%., and such plaint shall be entered in

the Court in the district of which such land, tenements, or hereditaments shall be, and the proceedings upon such plaint shall be similar to those authorised to be taken for the recovery of a tenement; and it shall be competent for the mortgagee to include in such plaint a claim for principal mortgage money or interest, or both, not exceeding the sum of 50%.

Ejectment by Mortgagee.

whether there is anything in writing to amend by or not, and whether the defect or error be that of the party applying to amend, or not; and all such amendments may be made with or without costs, and upon such terms as to the Judge may seem fit; and all such amendments as may be necessary for the purpose of determining in the existing suit the real question in controversy between the parties shall be so made.

59. In case of the death of a sole plaintiff or sole surviving plaintiff, the legal representative of such plaintiff may, by leave of the Judge, be substituted for such plaintiff, and the action shall thereupon proceed as if such legal representative were originally the plaintiff.

60. In case of the death of a sole defendant survives, the plaintiff' may prove to the Court or sole surviving defendant, where the action such death, and the person who is the executor or administrator of the deceased; and thereupon such executor or administrator shall be served with a summons requiring such executor or administrator to appear at the Court on 57. Where a plaint shall be entered in any a day to be named in such summons, and that County Court by any mortgagee, his heirs, in default of his so doing the same proceedings executors, administrators, or assignees, for the may be had and taken in case of nonappearrecovery of the possession of any mortgaged ance after such service, as upon a summons lands, tenements, or hereditaments, and no against such exccutor or administrator in resuit shall be then depending in any of her Ma- spect of the cause for which the action was jesty's Courts of Equity in that part of Great brought; and in case the plaintiff shall reBritain called England, for or touching the cover, he shall be entitled to the like judgment foreclosing or redeeming of such mortgaged in respect of the debt or sum sought to be relands, tenements, or hereditaments, if the per- covered and in respect of the costs prior to the son having right to redeem such mortgaged death of the defendant; and in respect of the lands, tenements, or hereditaments, and who costs subsequent thereto, he shall be entitled shall appear and become defendant in such to the like judgment as in an action originally action, shall, at any time pending such action, commenced against the executor or adminipay into Court, where such action shall be de-strator. pending, all the principal monies and interest due on such mortgage, and also all such costs as have been expended in any suit at law or in equity upon such mortgage (such money for principal, interest, and costs to be ascertained and computed by the Judge of the Court where such action is or shall be depending, or by the registrar), the moneys so paid into such Court shall be deemed and taken to be in full satisfaction and discharge of such mortgage, and the Judge shall and may discharge every such mortgagor or defendant of and from the same accordingly; and shall and may, by order of the same Court, compel such mortgagee, at the costs and charges of such mortgagor, to assign, surrender, or re-convey such mortgaged lands, tenements, and hereditaments, and such estate and interest as such mortgagee has therein, and deliver up all deeds, evidences, and writings in his custody, relating to the title of such mortgaged lands, tenements, and hereditaments, unto such mortgagor, who shall have paid or brought such moneys into the Court, his heirs, executors, or administrators, or to such other person or persons as he or they shall for that purpose nominate or appoint.

58. It shall be lawful for the Judge of a County Court at all times to amend all defects and errors in any proceeding in such Court,

61. The marriage of a woman plaintiff or defendant shall not cause the action to abate, but the action may, notwithstanding, be proceeded with to judgment; and such judgment may be executed against the wife alone, or, by summons to the husband, judgment may be obtained against the husband and wife, and execution issue thereon; and in case of a judgment for the wife, execution may be issued thereupon by the authority of the husband.

62. The bankruptcy or insolvency of the plaintiff in an action, which the assignees might maintain for the benefit of the creditors, shall not cause the action to abate unless the assignees shall decline to continue, and to give security for the costs thereof within such reasonable time as the Judge may order, but the proceedings may be stayed until such election is made; and in case the assignees neglect or refuse to continue the action, and to give such security within the time limited by the order, the defendant may avail himself of the bankruptcy as a defence to the action.

Appeals in Replevin, Interpleader, &c. 63. An appeal from the decision of a County Court, on the same grounds and subject to the same conditions as are provided by the 14th section of the 13 & 14 Vict. c. 61, shall be al

County Court Amendment Bill.

lowed, in all actions of replevin where the amount of rent or damage exceeds 201., and in all actions for the recovery of tenements where the yearly rent or value or mortgage debt exceeds 201., and in proceedings in interpleader where the value of the goods or chattels claimed, or of the proceeds thereof, exceeds 201., and in all actions brought into the County Courts by agreement under section 18 of this Act, and in all actions and proceedings where the sum claimed exceeds 201.

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of a jury, and may also direct which of the parties shall be plaintiff or defendant on such trial, or, with the consent of the plaintiff and such third party, may dispose of the merits of their respective claims, and may determine the same, and in either case may make such other orders therein, as to costs and all other matters, as shall appear to him to be just and reasonable: Provided always, that if the Judge shall think fit, he may direct that such feigned issue or issues shall be tried in one of her Majesty's Superior Courts of Record.

67. The judgment in any such action or issue shall be subject to appeal as in ordinary causes.

64. Where by this Act, or any other of the Acts relating to County Courts, a party is required to give security, it shall be lawful for such party, instead of giving security, to deposit with the registrar of the Court in which 68. If such third party shall not appear the proceedings are a sum of money equal in upon such summons to maintain or relinquish amount to the sum for which he would be re- his claim, being duly served therewith, or shall quired to find security, together with a memo-neglect or refuse to comply with any order to randum, signed by such party, setting forth the conditions upon which such money is deposited, and on which the same is to be forfeited.

Order of Bankruptcy and Insolvent Court.

65. So much of the 102nd section of the 9 & 10 Vict. c. 95, as enacts that no protection, order, or certificate granted by any Court of Bankruptcy, or for the Relief of Insolvent Debtors, shall be available to discharge any defendant from any commitment ordered by a Judge of a County Court, is hereby repealed.

Interpleader.

be made before or after trial, it shall be lawful for the Judge to declare such third party, and all persons claiming by, from, or under him, to be for ever barred from prosecuting his claim against the original defendant, his executors or administrators, saving nevertheless the right or claim of such third party against the plaintiff; and thereupon to make such order between such defendant and the plaintiff, as to costs and other matters, as may appear just and reasonable.

Enforcing Orders.

69. All orders of a County Court, made in matters within its jurisdiction, may be enforced in the same manner as judgments for the payment of money can be enforced, so far as proceedings in the case of such judgments are applicable to the order sought to be enforced.

Costs in Local Court.

70. If any action shall be hereafter commenced in any borough, hundred, or other local Court for which a plaint might have been entered in any County Court, and judgment shall be given or a verdict found for the plaintiff for a sum not exceeding 201., if the said ac tion be founded on contract, or not exceeding 57. if it be founded on tort, the said plaintiff shall have judgment to recover such sum only and no costs, unless the Judge of such local Court shall certify that it was desirable that such action should be tried in such local Court.

66. Upon application to the registrar, supported by affidavit, by or on behalf of any defendant sued in any County Court in any action of assumpsit, debt, detinue, or trover, such application being made after service of summons, and five clear days before the return day of the summons, showing that such defendant does not claim any interest in the subject-matter of the suit, but that the right thereto is claimed by, or supposed to belong to, some third party who has sued or is expected to sue for the same, and that such defendant does not in any manner collude with such third party, but is ready to bring into Court or to pay or dispose of the subjectmatter of the action in such manner as the Judge may order or direct, it shall be lawful for the registrar to issue a summons directed to such third party calling upon him to appear on the return day of the original summons and to state the nature and particulars of his claim, and maintain or relinquish his claim, and upon 71. Any acknowledgment to be made by any that day or some other day to which the pro- married woman of any deed under 3 & 4 Wm. ceedings shall be adjourned the Judge shall 4, c. 74, may be received by a Judge of a hear the allegations as well of such third party County Court in the same manner as is by that as of the plaintiff, and may in the meantime, in Act or by the 17 & 18 Vict. c. 75, provided case the defendant shall have brought into that an acknowledgment may be received by a Court or otherwise satisfactorily secured the Judge of one of the Superior Courts at Westsum claimed or the other subject of the action, minster, and the same fee shall be payable to stay the proceedings in such action, and may the registrar of the Court as would be paid if finally order such third party to make himself the acknowledgment had been received by a defendant in the same or some other action, or Judge of any such Superior Courts, and such to proceed to trial on one or more feigned fee shall be retained by the registrar for his issue or issues with or without the assistance own use.

Acknowledgments of Married Women.

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County Court Amendment Bill.

Costs on Judgment by Default.

such Schedule, and such salaries are now paid 72. Where an action of contract is brought to such judges accordingly: And whereas it is in one of her Majesty's Superior Courts of Re-desirable that the salaries of the Judges of the cord to recover a sum not exceeding 201., and County Courts should be fixed by Parliament the defendant in the action suffers judgment Judge of a County Court shall be paid a salary at one uniform rate: Be it enacted that every by default, the plaintiff shall recover no costs, of 1,2001. a year and no more: Provided that unless upon an application to a Judge of such the Judges mentioned in the said Schedule (B) Court he shall otherwise direct. 73. Where debtors' prison of county is dis-mentioned to be payable to them respectively, tant from a Court, the nearest debtors' prison of a neighbouring county may, by order of a Secretary of State, be used.

shall continue to receive the salaries therein

so long as they shall continue to be the Judges of the same Courts, of which they now are the Judges: And provided also, that nothing here

74. Fees for a distress for rent in arrear, to in contained shall affect the right and title of be same as for issue of a warrant.

Claim to Goods taken in Execution. 75. Where any claim shall be made, under the provisions of the 118th section of the Act passed in the 9 & 10 Vict. c. 95, to or in respect of any goods or chattlels taken in execution under the process of any County Court, the person making such claim shall either pay to the bailiff the amount of the value of the goods or chattels claimed, to be by such bailiff paid into Court to abide the decision of the Judge upon such claim or shall deposit with the bailiff a sum of money equal to the costs of keeping possession of such goods or chattels until the decision of the Judge upon such claim can be obtained, the amount of such costs per day to be determined by the rules of practice herein authorised to be made; and if the party claiming shall not either pay the amount of the value of the goods or chattels claimed, or deposit the costs of possession as aforesaid, the bailiff shall sell such goods or chattels as if no such claim had been made, and shall pay into Court the proceeds of such sale, to abide the decision of the Judge upon the claim to such proceeds.

Fees.

76. Fees to be taken according to Schedule, and to be exhibited in conspicuous places. 77. Treasury to regulate fees to be taken in County Court.

Salaries of the Judges.

78. The salaries of the Judges of the County Courts, and the sums allowed to them to defray travelling expenses, shall be paid out of the Consolidated Fund of the United Kingdom of Great Britain and Ireland, and the Commissioners of her Majesty's Treasury are hereby empowered to pay the same accordingly.

79. Whereas by the 14th section of the 15 & 16 Vict. c. 54, it was enacted, that after the passing of the said Act the greatest salaries to be received in any case by the Judges of the County Courts should be 1,5007. but that in no case should any Judge be paid a less salary than 1,2001. And whereas the Commissioners of her Majesty's Treasury have ordered that the salaries of the Judges whose names are mentioned in the Schedule marked (B.) annexed to this Act should be fixed at the amounts set opposite their respective names in

:

any County Court Judge to receive any sum or sums of money now or hereafter to be made payable to him for defraying his travelling expenses.

Registrars' and High Bailiffs' Salaries.

80. The registrars of the Courts shall be paid by salaries to be fixed and regulated from time to time by the Commissioners of her Majesty's Treasury, with the consent of the Lord Chancellor, and such salaries shall be inclusive of all salaries to the clerks employed by the registrars in the business of their respective Courts.

81. The high bailiffs of the Courts shall be paid by salaries to be fixed and regulated from time to time by the Commissioners of her Majesty's Treasury, with the consent of the Lord Chancellor, and shall, in addition to such salaries, receive for their own use the fees ap pointed for keeping possession of goods under executions.

and allowances of the high bailiffs, shall be 82. The salaries of the registrars, and salaries paid out of the produce of the fees payable under the provisions of this Act; and whenever amount of such fees shall not be sufficient to pay such salaries, the deficiency shall be made good out of any moneys to be provided by Parliament for that purpose; and the surplus which from time to time shall remain after payment of the said salaries and allowances shall be paid over to the credit of the Consolidated Fund of the United Kingdom of Great Britain and Ireland.

83. The expense of building, purchasing, or providing any messuages and lands for the purpose of the County Courts, and of repairing, furnishing, cleaning, lighting and warming the Court houses and offices, and of payment of the salaries of the necessary servants for taking charge of such Court houses and offices, and of supplying the Courts and offices with law and office books and stationery, and all other expenses incident to the holding of the said Courts, shall be paid by the Commissioners of from time to time provided by Parliament for her Majesty's Treasury out of all moneys to be

such

purpose.

Consolidating the Statute Law-The Commission.

CONSOLIDATING THE STATUTE

LAW.

THE COMMISSION AND SECOND REPORT OF

THE COMMISSIONERS.

The Commission.-Victoria by the grace of of God of the United Kingdom of Great Britain and Ireland, Queen Defender of the Faith: To our right trusty and well-beloved Councillors Robert Monsey Baron Cranworth, our Chancellor of that part of our said United Kingdom called Great Britain, John Singleton Baron Lyndhurst, and Henry Baron Brougham and Vaux, our right trusty and well-beloved John Baron Wrottesley, our right trusty and well-beloved Councillors John Baron Campbell, Chief Justice of our Court of Queen's Bench, James Baron Wensleydale, Sir John Jervis, Knight, Chief Justice of our Court of Common Pleas, Sir Frederick Jonathan Pollock, Knight, Chief Baron of our Court of Exchequer, our trusty and well-beloved James Moncrieff, Esquire, our Advocate for that part of our said United Kingdom called Scotland, our right trusty and well-beloved Councillors Spencer Horatio Walpole, Joseph Napier, Abraham Brewster, and Matthew Talbot Baines, our trusty and well-beloved Sir William Page Wood, Knight, a Vice-Chancellor of that part of our said United Kingdom called England, Sir Alexander James Edmund Cockburn, Knight, our Attorney-General for that part of our said United Kingdom called England, Sir Richard Bethell, Knight, our Solicitor-General for that part of our said United Kingdom called England, our right trusty and well-beloved Councillor William Keogh, our Attorney-General for that part of our said United Kingdom called Ireland, our trusty and well-beloved John David Fitzgerald, Esquire, our Solicitor-General for that part of our said United Kingdom called Ireland, James Craufurd, Esquire, one of the Lords of Session in Scotland, Edward Francis Maitland, Esquire, our Solicitor-General for that part of our said United Kingdom called Scotland, Sir Fitzroy Kelly, Knight, one of our Counsel learned in the Law, Walter Coulson, Esquire, one of our Counsel learned in the Law, and Henry Bellenden Ker, Esquire, Barrister-at-Law, greeting:

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|sioners for the purpose of consolidating the Statute Laws of the realm, or such parts thereof as you might find capable of being usefully and conveniently consolidated, combining with that process (if you should think it advisable) the incorporation of any parts of the Common or unwritten Law in such manner as should seem to you desirable, and also for the purpose of devising and suggesting such rules (if any) as might in your judgment tend to insure simplicity or uniformity, or any other improvement, in the form and style of future Statutes: And whereas we did by our letters patent under the Great Seal of our said United Kingdom, bearing date at Westminster the 15th December, in the 18th year of our reign, after reciting the said herein-before recited letters patent, and that we had deemed it expedient to increase the number of our said Commissioners, we did authorise and appoint you the said Robert Monsey Baron Cranworth, John Singleton Baron Lyndhurst, Henry Baron Brougham and Vaux, John Baron Wrottesley, John Baron Campbell, Sir John Jervis, Sir Frederick Jonathan Pollock, James Baron Wensleydale, by your then name of Sir James Parke, Knight, James Moncrieff, Spencer Horatio Walpole, Joseph Napier, Sir William Page Wood, Sir Alexander James Edmund Cockburn, Sir Richard Bethell, Abraham Brewster, William Keogh, James Craufurd, Walter Coulson and Henry Bellenden Ker, to be our Commissioners for the purposes aforesaid, as by the said letters patent, reference being thereunto respectively had, will more fully and at large appear: And whereas we have deemed it expedient to increase the number of our said Commissioners: Know ye therefore, that we reposing great trust and confidence in your zeal, discretion, and integrity, have authorised and appointed, and by these presents do authorise and appoint you the said Robert Monsey Baron Cranworth, John Singleton Baron Lyndhurst, Henry Baron Brougham and Vaux, John Baron Wrottesley, John Baron Campbell, James Baron Wensleydale, Sir John Jervis, Sir Frederick Jonathan Pollock, James Moncrieff, Spencer Horatio Walpole, Joseph Napier, Abraham Brewster, Matthew Talbot Baines, Sir William Page Wood, Sir Alexander Jaines Edmund Cockburn, Sir Richard Bethell, William Keogh, Whereas we did by our letters patent, John David Fitzgerald, James Craufurd, Edunder the Great Seal of our United Kingdom ward Francis Maitland, Sir Fitzroy Kelly, of Great Britain and Ireland, bearing date at Walter Coulson, and Henry Bellenden Ker, to Westminster the 23rd August, in the 18th year be our Commissioners for the purpose of conof our reign, authorise and appoint you the solidating the Statute Laws of the realm, or said Robert Monsey Baron Cranworth, John such parts thereof as you may find capable of Singleton Baron Lyndhurst, Henry Baron being usefully and conveniently consolidated, Brougham and Vaux, John Baron Wrottesley, combining with that process, if you shall think John Baron Campbell, Sir John Jervis, Sir it advisable, the incorporation of any parts of Frederick Jonathan Pollock, James Baron the common or unwritten Law in such manner Wensleydale (by your then name of Sir James as shall seem to you desirable; and also for Parke, Knight), James Moncrieff, Spencer Ho- the purpose of devising and suggesting such ratio Walpole, Joseph Napier, Sir William rules (if any) as may in your judgment tend Page Wood, Sir Alexander James Edmund to insure simplicity or uniformity or any other Cockburn, Sir Richard Bethell, Abraham improvement in the form and style of future Brewster, William Keogh, James Craufurd, Statutes; and for the aforesaid purposes, or and Henry Bellenden Ker, to be our Commis- any of them, we hereby authorise and empower

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Consolidating the Statute Law-Second Report of the Commissioners.

you from time to time to employ such learned | subject in the concluding paragraph of our and skilful persons as you may think proper. First Report, where we have observed, that And our further will and pleasure is that you "perhaps nothing satisfactory towards the imdo, at the end of every year from the date of provement of future legislation can be effected this our Commission, and at other times if you until either a board or some other persons are shall see occasion, certify to us in our Court appointed, whose duty it shall be either to preof Chancery, under the hands and seals of any pare or revise and report upon all Bills before five or more of you, what you shall have done they are brought into Parliament, and to watch in the premises. And we further will and them during their progress through the two command that this our Commission shall con- Houses, either as officers of the Lord Chantinue in full force and virtue, and that you our cellor or some other minister, or as officers of said Commissioners, or any five or more of the two Houses of Parliament." you, shall and may from time to time proceed in the execution thereof, and of every matter and thing therein contained, although the same be not continued from time to time by adjournment. And for your assistance in the due execution of this our Commission, we direct and authorise you the said Robert Monsey Baron Cranworth to appoint a fit person, being a Barrister-at-Law, to be Secretary to this our Commission, and to attend you our said Commissioners, whose services and assist ance we require you our said Commissioners to use from time to time as occasion shall require.

In witness whereof, we have caused these our letters to be made patent.

Witness ourself at Westminster, the 6th day of February, in the 19th year of our reign. By warrant under the Queen's Sign Manual,

C. ROMILLY.

Further consideration has convinced us of the necessity of taking such a step, if any material amendment of the present form and style of legislation is to be effected. The true causes of the present confused and unsatisfactory state of our Statute Book do not lie very deep. They are such as must, to a certain extent, perhaps, operate in all free deliberating bodies like our Parliament; but the evil admits of being remedied to a considerable degree. In respect of form, a conventional language, verbose and obscure, had by long practice come to be considered almost essential in composing Acts of Parliament, so that the persons engaged in drawing Bills have felt themselves nearly debarred from the use of a plain and concise style. In respect of matter, the legislator is frequently not aware of, or is indifferent to, the extent to which his proposed measure will affect other branches of the law; or is not aware of the exact state of the law with which he proposes to deal; or omits to state distinctly to what extent the new measure is intended to repeal or supersede the existing law. Again, when an evil is felt, the remedy is usually applied only to the particular case in which the inconvenience has been perceived, instead of amending generally the error or defect which has produced the result complained of. Perhaps, however, the chief cause of confusion is the way in which hasty and inconsistent amendments, ill assorting with the rest of the measure, are made while the Bill is going through Committee. The proposers of these amendments have often only their own objects in view, and do not consider how far they will affect other parts of the measure itself. The promoter of the Bill too frequently assents to alterations and changes which he does not approve, for the sake of averting a protracted opposition; and thus the Bill often comes out of Committee in such a form as to justify the We have had under our consideration two expression of Lord Tenterden that "though plans, the adoption of which will materially the Legislature cannot be deemed inops conpromote the object indicated:-1, the appoints, yet we lament to find it magnas inter opes ment of an officer or board to revise and improve the current legislation; and, 2, the adaptation of a system of classification to the Public General Statutes. These two plans are entirely independent, and either one or both may be adopted or rejected. We will proceed to consider the two plans separately.

The Second Report.-We, your Majesty's Commissioners appointed by your Majesty's Commission and Supplemental Commissions, dated respectively the 23rd day of August and the 15th day of December, in the 18th year of your Majesty's reign, and the 6th day of February, in the 19th year of your Majesty's reign, whose hands and seals are hereto set, do hereby humbly submit the following Report to your Majesty:

Since the date of our First Report, of the 10th day of July, 1855, we have turned our attention, amongst other subjects, to that part of your Majesty's commission which directed us" to devise and suggest such rules, if any, as might in our judgment tend to ensure simplicity or uniformity, or any other improvement, in the form and style of future Statutes;" and to this subject we propose to devote the present Report.

I. As to the Appointment of an Officer or Board to Revise and Improve the Current Legislation. We have already shortly adverted to this

inops.”

It seems obvious that the existence of any officer or board, ready at the right time to give information and point out errors, and competent to prepare Bills, when required so to do, in plain and concise language, would be very effective in remedying the evils above indicated.

Some such plan becomes still more essential, if any system of consolidation of the Statutes is to be carried into effect. Unless legislation be carefully watched, even consolidated Statutes,