Page:The Green Bag (1889–1914), Volume 08.pdf/411

 376

Lord Chancellor " forthwith," and he cannot act for more than a fortnight without the Chancellor's approval. The tariff for sitting as a deputy is three guineas a day. At tached to each of the County Courts on the circuits is a Registrar appointed by the judge with the Lord Chancellor's approval, removable by the Lord Chancellor, and re munerated partly by salary and partly by fees on the number of " plaints " entered in his court. The jurisdiction of the County Courts is very wide, and each parliamentary session adds to it. It embraces inter alia the following proceedings: (a) Questions between husband and wife as to the title to or possession of property. (t>) The granting of probate or letters of adminstration where it appears that the deceased had at the time of his death his fixed place of abode in one of the districts specified in Schedule A to the Probate Act, 1857, that his personal es tate was at the time of his death under the value of £200, and that he was not at the time seized or entitled beneficially of or to any real estate of the value of £300 or up wards, (c) Suits by creditors, legatees (whether specific, pecuniary or residuary), devisees (whether in trust or otherwise), heirs at law or next of kin in which the personal or real or personal and real es tate against or for an account of administra tion of which the demand may be made shall not exceed in amount or value the sum of £500. (</) Suits for the execution of trusts in which the trust estate or fund does not exceed £500. (f) Suits for foreclosure or redemption or for enforcing any charge or lien where the mortgage charge or lien does not exceed £500. (/) Suits for specific performance or for the reforming, delivering up or canceling of any agreement for the sale, purchase or lease of any property where, in the case of a sale or purchase the purchase money, or in the case of a lease the value of the property, does not exceed £500. (_§•) Actions or matters relating to the maintenance or advancement of infants in

which the property does not exceed £500. (//) Suits for the dissolution or winding up of any partnership of which the whole prop erty, stock and credits do not exceed .£500. (/) Proceedings to wind up companies where the amount of the capital paid up, or cred ited as paid up, does not exceed .£10,000, and the registered office of the company is situate in the district of a County Court having jurisdiction under the Winding-up Act, 1890. (_/) Generally, all personal ac tions where the debt demanded or damage claimed is not more than £$0, or is reduced to not more than £50 by an admitted set off; actions of ejectment where neither the rent nor the value exceeds £$0; questions of title where neither rent nor value exceeds £50; other cases by consent or by remit tance from the High Court—except, as above stated, a County Court judge cannot try ac tions of ejectment or actions in which the title to any corporeal or incorporeal hered itaments, or to any toll, fair, market or franchise shall be in question, or for any libel or slander, or for seduction or breach of promise of marriage. In all actions where the amount claimed exceeds £5 — unless the action is of the nature of the causes or matters assigned to the Chancery Division — either party may demand, and in other cases the judge at his discretion may grant, trial byjury. The County Court jury consists of five. But this mode of trial is comparatively rare, and is in many circuits dying out, as the judges discourage it by putting their jury cases at the bottom of their lists. The appeal from the County Court is to a divisional court, or the High Court of justice. But there is, roughJy speaking, no right of appeal except in cases where the claim exceeds £20, unless with the judge's leave. At the present time all the County Court judges are on the same footing. But a proposal has recently been mooted that a premiership should be assigned, in point both of salary and of status, to one or more