(1.) Jurisdiction of County Court to appoint a local authority The Local Loans Act, 1875, s. 11. Action may be brought. -Or a receiver appointed. The Local Loans Act, 1875, s. 12. securities to which the application relates does not exceed £50 (g). The following are the sections of the Act which relate to the jurisdiction of the County Courts. First, as to remedy for nonpayment of money : 66 66 66 "The local authority shall pay or raise all sums for the time "being due or authorised to be raised on or in respect of any " security issued by them under this Act, and if default is "made in payment of any sum so due, such sum shall be "deemed to be a specialty debt due to the person entitled "thereto from the local authority of such a nature that a "mandamus will be granted to enforce the payment thereof; "and an action may be brought accordingly, in which a "mandamus may be claimed."-38 & 39 Vict. c. 83, s. 11. "Where a local authority makes default for a period of twenty-one days in paying an amount of not less than five hundred pounds (whether in one sum or separate sums) for the "time being due on or in respect of any security issued under this Act, the persons entitled to the said amount, or any of such persons, may, instead of or in addition to bringing an action "or actions, apply to the County Court for the appointment of "a receiver, and any receiver so appointed (subject to any direction which may be given by the Court) shall from time "to time raise as hereinafter mentioned, by or out of the local "rate or property charged, sufficient money to pay the amount "the payment of which is so in default, and all sums due while "he is receiver on or in respect of any such security, together "with all costs, charges, and expenses incurred in or about the "appointment of such receiver and the execution of his duties "under this section, including a proper remuneration for his "trouble, and shall render to the defaulting authority the "balance, if any, remaining in his hands after making the said payments. 66 66 66 "Where the amount so due or authorised to be raised is charged on the local rate, the receiver may raise the money "he is authorised to raise under this section by means of the "local rate, and for that purpose shall have the same power as "the defaulting authority of levying the local rate, and the "receiver shall have such access to and use of the documents "of the defaulting authority relative to the local rate as he "may require. "Where the amount so due or authorised to be raised is "charged on any property, other than the local rate, the receiver 66 may raise the sum which he is authorised to raise under this "section by receipt of the rents and profits of the property, and "if the security involves a power of sale, as in this Act men"tioned, by sale of the property in such manner and subject (2) Sect. 25, see post, pp. 1207-1208. "to such conditions of sale and otherwise as the Court may "direct. 66 "A County Court may appoint a receiver under this section. "with respect to any local rate levied, or any property situate "wholly or partly within the jurisdiction of such Court, and may remove such receiver and appoint another in his stead, " and so from time to time; and may make such orders and I give such directions as to the powers and duties of the receiver, and otherwise as to the disposal of the moneys "received by him, as may be thought fit for carrying this "section into effect."-38 & 39 Vict. c. 83, s. 12. 66 66 (2.) Secondly. The County Court also has jurisdiction in cases where the amount involved does not exceed £50 to rectify the register of nominal securities kept under the Act; such jurisdiction is regulated by the following sections of the Act :"A local authority issuing nominal debentures (r), nominal "debenture stock (r), or nominal annuity certificates (r) under "this Act, shall cause a register of such securities to be kept "in one or more book or books, and there shall be entered in "such register"(1.) The names and addresses and the descriptions of the 66 owners for the time being of every such security, with a statement of the securities held by "each person registered, and 66 66 "(2.) The date at which the name of any person was "The register under this section shall be evidence of any matters by this Act directed or authorised to be inserted "therein."-38 & 39 Vict. c. 83, s. 23. (2.) Jurisdiction to rectify the register of securities. Register of nominal securities. The Local Loans Act, 1875, s. 23. "Any person may inspect the register at any reasonable Inspection of "time upon payment of such fee not exceeding one shilling register. 66 as may be fixed by the local authority, and shall be entitled The Local "to obtain from the registrar, copies or extracts certified by Loans Act, "him to be true copies or extracts of such register, upon 1875, s. 24. payment of such fee not exceeding two shillings and sixpence, "and twopence for every folio of seventy-two words, as the "local authority may from time to time fix, and any copy "or extract so certified shall be admissible in evidence."-38 & 39 Vict. c. 83, s. 24. "If the name of any person is without sufficient cause Rectification "entered in or omitted from the register, or if default is of register. "made or unnecessary delay takes place in making any entry The Local "in such register, the person aggrieved or the local authority Loans Act, may apply to the Court for an order that the register may 1875, s. 25. "be rectified. 76 "The Court may either refuse the application with or (r) For meaning of this term, see ante, p. 1204. Parties. -To proceedings under s. 12. -To proceedings under s. 25. In what district the The County rule 38. The County rule 36. "without costs to be paid by the applicant, or may, if satis"fied of the justice of the case, whether there has or has "not been any default on the part of the registrar, make an "order for the rectification of the register, and make such "order as to the payment of the costs of the application or "of damages to the person aggrieved as to the Court may seem just. 66 The Court may, in any proceeding under this section, "decide any question relating to the title of any party to "such proceeding to have his name entered in or omitted "from the register, and generally any question which it may "be necessary or expedient to decide for the rectification of "the register. The Court for the purposes of this section means any of "Her Majesty's superior Courts of law or equity, or any Court "to which the jurisdiction of such Courts may be transferred, "and where the value of any security or securities to which "the application relates does not exceed fifty pounds shall "include a County Court, and the jurisdiction by this Act "given to a superior Court may be exercised in a summary "manner by any Judge or Judges of such Court sitting in "chambers or otherwise."-38 & 39 Vict. c. 83, s. 25. With reference to the proper parties to proceedings under the Act, the following remarks apply: The proper persons to apply for the appointment of a receiver under section 12 (r) of the Act, are the persons entitled to the sum of £500 from the local authority under a security issued by such local authority, or any of such persons. The proper person to apply, under section 25 of the Act, for the rectification of a register of nominal securities, is "the person aggrieved or the local authority." The district in which proceedings under "The Local Loans Act" should be taken is regulated by the following County Court Rule: "The Court to which petitions shall be presented under the "two last preceding rules (s) shall be the Court of the district "in which the local authority exercises its authority."—Order XXXIX. r. 38. Proceedings under the Act are expressly required to be by way of petition : "An application to a County Court for the appointment of a "receiver under the provisions of section twelve of "The "Local Loans Act, 1875,' shall be made by petition, and the same procedure shall be followed and the same fees be paid " and costs allowed as on any other petition to the Court in 66 (rr) See this section, ante, pp. 1206-1207. (s) 1.e., under rules 36 & 37 set out below (the rule here cited being itself rule 38). "which the subject matter of the petition exceeds 1007."Order XXXIX. r. 36. "An application to the Judge of a County Court for the The County "rectification of a register of nominal security under the pro- Court Rules, "visions of section twenty-five of The Local Loans Act, 1875, Order "1875, shall be made by petition, and the same procedure XXXIX. "shall be followed, and the same fees be paid, and costs allowed, rule 37. "as on any other petition to the Court in which the subject "matter of the petition exceeds 201. and does not exceed 1007." -Order XXXIX. r. 37. Practice on a petition under "The Local Loans Act" can be Practice. learnt from the Introductory Chapter to the present Book of this work (f). (t) See ante, p. 886 et seq. BOOK V.-DIVISION V. PROCEEDINGS UNDER STATUTES RELATING TO MATTERS OF PUBLIC CONCERN. Of late years the County Court has in several instances been constituted a tribunal for enquiry into matters of public concern, which may usefully be considered in the order of their date. It possesses, under "The Ballot Act, 1872," the same jurisdiction over the ballot papers used at a municipal election as the House of Commons exercises with respect to ballot papers at a parliamentary election. This jurisdiction will be the subject of the First Chapter of this Division. In the Second Chapter will be considered the jurisdiction to enquire into the competency and conduct of managers of coal mines holding certificates under "The Coal Mines Regulation Act, 1872." The County Court is also made the tribunal, under "The Explosives Act, 1875," for holding enquiries into accidents caused by explosives; and these enquiries will be the subject of the Third Chapter of this Division. The power possessed by the County Court to make orders under The Rivers Pollution Act, 1876," will be considered in the Fourth Chapter of the present Division. By an Act, passed last session, and which came into operation on the 1st January, 1880, certain facilities, in regard to the control and cure of habitual drunkards, are afforded. Under this Act, which is styled "The Habitual Drunkards Act, 1879," County Court Judges possess jurisdiction which will be considered in the Fifth and concluding Chapter of the present Division. |