convenient place or places in each of the districts so appointed (0), the court for that county is held once in every calendar month, or oftener as may be required (p) ; and the county court is constituted a court of record (q). The county court districts are grouped in unequal numbers in a variety of circuits (r); and to each circuit is assigned a judge, chosen by the Lord Chancellor from amongst the king's counsel, and barristers-at-law of seven years' standing and upwards (s). And for each district, there is a registrar (t), with clerks and subordinate officers, including a high bailiff and assistant bailiffs (u).

Such being the general constitution of the County Courts, we shall now proceed to consider the practice thereof and the procedure therein, although very concisely; referring the student and practitioner for fuller details to the provisions contained in the County Courts Act, 1888, and to the rules of 1889 made thereunder (x).

And first, as regards the choice of the court in which the plaintiff is to sue, or bring his plaint, it is provided, that the plaintiff may enter his claim in the county court within the district of which the defendant shall dwell or carry on business at the time of bringing the action (y),

(0) Act of 1846, s. 2; Act of 1888, s. 10.

(p) In some of the smaller districts, the court is held only once in every two or every three months; while in other districts, the court sits at several times during the month, according to the exigency of business.

(q) Act of 1888, s. 5.

(r) For the circuit which includes the district of Liverpool, there are two judges.

(8) The judge is allowed to appoint a deputy (being a barrister of seven years' standing) in case

of his own illness or unavoidable absence. (Act of 1888, s. 18.)

(t) The registrar (who must be a solicitor of five years' standing) is appointed by the judge, subject to the approval of the Lord Chancellor; and a deputy registrar may (subject to the approval of the judge) be appointed by the registrar (ibid., ss. 25, 29, 31). (u) Ibid., ss. 33-37.

(x) The Rules of 1889 have been variously altered and amended by further County Court Rules.

(y) As to the metropolitan districts, see Act of 1888, s. 84.

or (by leave of the judge or registrar, to be granted or not at his discretion) in the county court within the district of which the defendant shall have dwelt or carried on business within the six calendar months next preceding, or (by the like leave) in the county court within the district of which the cause of action wholly or in part

arose, without regard to the place of residence or business of the defendant (2). But as regards actions relating to mortgages on lands, and to the partition of lands, the court is to be that of the district within which the lands are situate (a); and as regards actions relating to the administration of the estates of deceased persons, the court is to be either that of the domicile of the deceased or that of the district in which his executors or administrators reside (a). Proceedings under the Trustee Acts, 1893, 1894, are to be taken in the court within the district of which the persons making the application reside; while in partnership matters they are to be taken in the district where the partnership business was or is carried on. But, in any of the above cases, the court has power to transfer the action or proceedings; if it is shown that the same could be more conveniently heard in some other court.

Secondly, as regards the kinds and classes of action which may be brought in the county courts, the jurisdiction conferred on these courts is, primarily and principally, for the recovery of small debts and demands; and such jurisdiction includes generally all personal actions where the debt, damage, or demand claimed is not more than 501., whether on balance of account or otherwise (b). But if the plaintiff's claim exceeds 201. in an action on any

(z) Act of 1888, s. 74; R. v. Turner, [1897] 1 Q. B. 445; Northey Stone Co. v. Gidney, [1894] 1 Q. B. 99. (a) Ibid. s. 75.

(b) Ibid. ss. 56, 57. As to the action of replerin, see ss. 133

137; and as to the recovery of small tenements, see s. 138 (where term expired or duly determined by notice to quit), and ss. 139–143 (where action is for non-payment of rent).

contract, or 107. in any action of tort, the defendant may object to the county court dealing with the action; and in such a case, on his giving the prescribed security and obtaining the judge's certificate that some important question of law or of fact is likely to arise, he may have a stay of the proceedings in the county court (c). Actions for recovery of the possession of land may also, in certain cases, be brought in the county court, that is to say, where neither the value nor the rent of the tenement exceeds 501. by the year, although in this case the defendant may remove the action into the High Court, under an order of the High Court to be obtained by him for the purpose, on the ground that the title to lands of greater annual value than 50l. will be affected by the decision (d). And besides these actions for the recovery of land, the county court has jurisdiction to make orders for the giving up of the possession of land, that is to say, in actions for the recovery of possession, brought by landlords, where neither the value nor the rent of the premises exceeds 501. by the year. But the jurisdiction in the latter action only exists in two classes of cases, that is to say,-(1) Where the tenancy has either expired or has determined by notice to quit, and the tenant, or any person holding or claiming by, through, or under him, neglects or refuses to give up possession; and (2) Where the rent is one-half year in arrear, and the landlord has a right by law to re-enter for the non-payment thereof (e). Actions in which the title to any corporeal or incorporeal hereditament comes in question, may (subject to the same limit of 507.) be tried in the county court (ƒ); and in any

(c) Act of 1888, s. 62.

(d) Ibid. s. 59. See Brown v. Cocking (1868), L. R. 3 Q. B. 672; Tomkins v. Jones (1889), 22 Q. B. D. 599; Howorth v. Sutcliffe, [1895]2 Q. B. 358; Bassano v. Bradley, [1896] 1 Q. B. 645.

(e) Act of 1888, ss. 138, 139, and Order V., r. 3,

(f) Act of 1888, s. 60. Bassano v. Bradley, [1896] 1 Q. B. 645.

action in which the title to any corporeal or incorporeal hereditament, or to any toll, fair, market, or franchise, comes incidentally in question, if in such a case both parties consent, the judge may decide the claim which is the principal or immediate object of the action. But if he does so, then the decision on the incidental question of title is not to be evidence of title in any other action (g). Save as aforesaid, the county court has no jurisdiction (except by consent) in actions for recovery of land, or in actions involving title to corporeal or incorporeal hereditaments (h). The county court has also no original jurisdiction in actions for libel, slander, seduction, or breach of promise of marriage (i); and no action may be brought in the county court on any judgment of the High Court (k). But if both the parties agree in writing to give the county court jurisdiction, the agreement being signed either by them or by their solicitors, the county court has jurisdiction, in all common law actions whatsoever (1); and, in dismissing an action for want of jurisdiction, it may award costs (m).

By the County Courts Act, 1888, s. 66, the defendant in any action in the High Court for malicious prosecution, illegal arrest, illegal distress, assault, false imprisonment, libel, slander, seduction, or other tort, may, upon affidavit that the plaintiff has no visible means to pay the costs of the action, obtain an order of the High Court removing the action into the county court, unless the plaintiff gives security for the costs of the action, or satisfies the judge (n) of the High Court that the action is one proper to be tried in the High Court (0).

(g) Act of 1888, s. 61.

(h) Tomkins v. Jones (1889),

22 Q. B. D. 599.

(i) Ibid. s. 56. (k) Ibid. s. 63.

(1) Ibid. s. 64; Wadsworth v. Queen of Spain (1851), 20 L. J. Q. B. 493; Foster v. Usherwood (1877), 3 Ex. D. 1.

(m) Act of 1888, s. 114.

(n) The application to remit the action to the county court is made to a master at chambers.

(0) Craven V. Smith (1869), L. R. 4 Ex. 146; Grey v. Wish (1869), L. R. 4 Q. B. 175; Levi v. Sanderson, ib. 330; Sampson v. Mackay, ib. 643.

In order to utilize more fully the county courts in cases proper to be there tried, it is provided, that in any action of contract, brought in the High Court, wherein the claim endorsed on the writ does not exceed 100l. (p), or where such claim, though it originally exceeded that amount, is reduced by payment (q), an admitted set-off, or otherwise, to a sum not exceeding that amount, a judge (n) of the High Court may, on the application of either party at any time, order the action to be tried in any county court (r); and, in fact, unless there is good cause to the contrary, the judge (n) is required to make such order (s). Actions of contract and of tort, which have been thus remitted from the High Court to the county court, remain in the High Court until the plaintiff has lodged with the registrar of the county court the order, the writ, copies of the affidavits on which the order was made, and a statement of the names and addresses of the parties and their solicitors, and particulars of claim. Until this has been done, the action. remains in the High Court; but, when once this has been. done, the remitted action becomes a county court action, and the jurisdiction of the High Court ceases absolutely (t). With the same view, and in order also to penalize persons who bring actions in the High Court which are proper to be tried in the county court, it has been further provided, that, if in any action in the High Court the plaintiff shall recover a sum less than 207., when the action is founded on contract, or 10l. when it is founded on tort, he shall not be entitled to any costs of the action; and if he recover a sum of 201., but less than 50l. (on contract), or a sum of 107., but less than 201. (on tort), he shall be entitled only

(p) Bassett V. Tong, [1894] 2 Q. B. 332.

(9) Which means payment before the action is commenced (Hodgson v. Bell (1890), 24 Q. B. D. 525; cf. Dierken v. Philpot, [1901] 2 K. B. 380).

(r) Burkill v. Thomas, [1892] 1 Q. B. 99, 312.

(*) Act of 1888, s. 65. See Scutt v. Freeman (1877), 2 Q. B. D. 177 ; Curtis v. Storin (1889), 22 Q. B. D. 513.

(t) D'Errico v. Samuel (No. 1), [1896] 1 Q. B. 163; Duke v. Davis, [1893] 2 Q. B. 260.