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in fact, relating to the business of the court, if not regulated by a local Act, may be made, sworn, or done in or out of court in the absence of the recorder and his deputy by or before the registrar or such other person, being a barrister of five years standing, or a solicitor of five years practice, as the recorder appoints by writing signed by him.

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Borough civil court" is defined by sec. 7 as meaning an inferior court of record for the trial of civil actions which, by charter, custom, or otherwise is or ought to be holden in a borough, but does not include a county court.

As to the case of a borough where there is a borough civil court but no recorder, see sec. 176.

With regard to the judge of a borough civil court holding office during good behaviour, see sec. 177.

With respect to the times of holding a court, see secs. 180 and 182.

As to the jurisdiction of a borough civil court and the power of the judge to make rules of procedure, &c., see secs. 181, 182, 183, and 184.

The remuneration of the recorder in his capacity of judge of the borough civil court may be paid out of the borough fund without an order of the council. See sec. 140 and Part I. of Fifth Schedule, pp. 119, 229.

Where the town clerk does not act as registrar, the council are from time to time to appoint a registrar of the borough civil court (sec. 178 (1)). As to the fees to be taken by the registrar, see sec. 178 (3) (4).

For prohibition against the registrar or any other officer of the court by himself or by any partner or clerk practising as a solicitor or attorney in the court, &c., see sec. 179.

Judge of Borough Civil Court where there is no Recorder.

176. Where there is a borough civil court, but no recorder, such officer of the borough as by the charter constituting the court, or by custom, is the judge of the court, shall continue to be and act as such judge; and the council, whether the court is regulated by a local Act or not, shall have power for that purpose to appoint the necessary officer.

From Addison v. Mayor of Preston, 12 C. B. 108; 21 L. J., C. P. 146; 16 Jur. 643; it would appear that the judge and assessor of a borough court, who has been appointed by the borough council with a salary, cannot maintain an action against the corporation for the amount of such salary.

Tenure of Judge.

177. Every judge or assessor of a borough civil court, other than the mayor, shall hold his office during good behaviour.

Registrar and other Officers and Fees.

178.-(1.) Except where the town clerk acts as registrar, the council shall from time to time appoint a registrar of the borough civil court.

(2.) The council shall from time to time appoint other requisite officers and servants of the court.

(3.) The fees to be taken by the registrar and other officers of the court shall be from time to time fixed by the council, subject to the approval of the Secretary of State.

(4.) If and as far as the fees are not so fixed, they shall be those usually taken before the passing of the Municipal Corporations Act, 1835.

With regard to the orders, affidavits, and matters which may be made, sworn, or done by or before the r gistrar, see sec. 175 (7).

For prohibition against the registrar, or any other officer of the court, by himself or by any partner or clerk practising as a solicitor or attorney in the court, &c., see sec. 179.

As to the tables of fees being posted conspicuously in certain places, see sec. 234.

Solicitors.

179.-(1.) The registrar of a borough civil court, or any other officer of the court, shall not himself, or by any partner or clerk, practise as a solicitor or attorney, in the court; nor shall any partner or clerk of the registrar act as agent for any other solicitor or attorney in the court.

(2.) Unless so disqualified, every solicitor of the Supreme Court of Judicature may practise as solicitor in the court.

It will be observed that whilst the registrar "or any other officer of the court" is precluded from practising in the court as a solicitor or attorney, either by himself or by a partner or clerk, the prohibition against acting as the agent for any other solicitor or attorney in the court, in terms only applies to the partner or clerk of the registrar.

Time of Holding Court.

180.-(1.) Each borough civil court shall be holden for trial of issues of fact and of law four times at least in each year, and with no greater interval than four months between two successive courts.

(2.) Subject as aforesaid, where the recorder is judge, the court shall be holden at such times as the recorder thinks fit, or as the Secretary of State from time to time directs.

Procedure.

181. Every personal action brought in a borough civil court shall be commenced by writ of summons.

Power for Judge to make Rules of Procedure.

182.-(1.) Subject to the provisions of this Act, the judge of a borough civil court may from time to time make rules for regulating the times of holding the court and the procedure, practice, and pleadings therein, and the fees of solicitors therein, and may by any rule revoke or alter any former rule.

(2.) But where there is a recorder and he is not the judge of the court, every rule made by the judge shall be subject to the approval of the recorder in writing signed by him; save that this provision shall not apply where the recorder acts as deputy of the judge.

(3.) In every case (whether the recorder is judge or not) rules made by the judge under this section shall be subject to the approval of three judges of the High Court.

As to the times of holding the court, see also sec. 180.

Jurisdiction of Court.

183.-(1.) Where by the Municipal Corporations Act, 1835, jurisdiction was conferred on a borough civil court whereof the recorder is judge, or wherein a barrister of five years standing acts as judge or assessor, to try personal actions wherein the sum sought to be recovered does not exceed twenty pounds, and actions of ejectment between landowner and tenant wherein the annual rent of the property whereof possession is sought to be recovered does not exceed twenty pounds, no fine having been reserved or made payable, then that court shall continue to have that jurisdiction.

(2.) Any action wherein the title to land of any tenure, or to any tithe, toll, market, fair, or other franchise is in question, shall not be tried in a borough civil court which before the passing of the Municipal Corporations Act, 1835, had not authority to try actions wherein such titles were in question. If it appears to such a court that such a title is in question in an action the jurisdiction of the court in the matter of the action shall cease; and the court may, if it thinks fit, award costs against the party commencing the action.

See also sec. 184 as to the saving of any power, jurisdiction, or authority of a borough civil court, or of a judge, assessor, or registrar of the court, &c.

Saving for Borough Civil Courts and for 35 & 36 Vict., c. 86.

184. (1.) Nothing in this Act shall take away or abridge in respect of local extent, amount, or otherwise, any power, jurisdiction, or authority of a borough civil court, or of a judge, or assessor, or registrar thereof, or of any deputy of a judge, or assessor, or registrar thereof, or affect the constitution or procedure thereof; and, subject to the express provisions of this Act, such power, jurisdiction, authority, constitution, and procedure, shall continue and be as if this Act had not been passed.

(2.) Nothing in this Act shall affect the Borough and Local Courts of Record Act, 1872.

Power to Extend Jurisdiction of Borough Civil Court.

185. It shall be lawful for the Queen, by Order in Council, on the joint petition of the justices of a county in quarter sessions and of the council of a borough, to grant that the jurisdiction of the borough civil court shall extend over any district adjacent to the borough within the jurisdiction of those quarter sessions; and the same shall extend accordingly.

Section 35 of the 7 Wm. 4, and 1 Vict., c. 78, on which this section is based, also referred to courts of record or of conscience for the recovery of small debts, bu, as explained in the memorandum which prefaced the Bili as brought in, the reference is not reproduced, as such courts are obsolete.

BOROUGH JURIES.

Provisions as to Juries in Boroughs.

186.-(1.) Every burgess of a borough having a separate court of quarter sessions or a borough civil court shall, unless by law exempt or disqualified, be qualified and liable to serve on grand juries in the borough, and on juries for the trial of issues joined in either of those courts.

(2.) The clerk of the peace shall give public notice of the time and place of holding the court of quarter se sions ten days at least before the holding thereof, and shall, seven days at least before the holding thereof, summon a sufficient number of persons, qualified and liable, to serve as grand jurors at the sessions.

(3.) The clerk of the peace and registrar of the borough civil court respectively shall also summon a sufficient number of persons, qualified and liable, to serve as jurors at every such sessions, and at the holding of every such civil court for the trial of causes, if there is any cause then to be tried.

(4) The summons may be made by showing to the person to be summoned, or, if he is absent from his usual place of abode, by leaving with some person therein inhabiting a notice containing its substance, and signed by the clerk of the peace or registrar, as the case may be.

(5.) The clerk of the peace and registrar shall make out lists containing the surnames and other names, abodes, and descriptions of the persons summoned by them respectively.

(6.) No person shall be summoned under this section to serve as a juror more than once in any year, unless every person qualified and liable so to serve has been already summoned once in that year.

(7.) If any person, having been duly summoned under this section, fails to attend according to the summons, or, being thrice called, does not answer to his name, or after his appearance wilfully withdraws himself from the court, he shall (unless some reasonable excuse is proved by him to the satisfaction of the court), be liable to pay a fine of such amount as the court thinks fit.

(8.) If the person on whom any such fine is imposed refuses to pay it to the person authorized by the court to receive it, the court may, then or at the next sitting, by order of the court signed by the clerk of the peace or registrar, cause to be levied, by distress and sale of the goods of the person on whom the fine is imposed the fine, and the reasonable charges of the distress and sale.

(9.) Nothing in this Act shall affect the Juries Act, 1870.

As to the persons who are to be deemed to be burgesses, see sec. 9. With regard to exemptions from serving on juries, it is to be observed that nothing in this Act is to affect the Juries Act, 1870 (33 & 34 Vict., c. 77), and by sec. 9 of that Act it is provided that the persons described in the schedule thereto shall be severally exempt, as therein specified, from being returned to serve, and from serving upon any juries or inquests whatsoever. The persons specified in the schedule as exempt from serving on juries are as follows :--Peers; members of parliament; judges; clergymen; Roman Catholic priests; ministers of any congregation of protestant dissenters, and of Jews whose place of meeting is duly registered, provided they follow no secular occupation except that of a schoolmaster; serjeants, barristers-at-law, certificated conveyancers, and special pleaders, if actually practising; members of the Society

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