a County Court, the claimant may deposit with the bailiff either the amount of the value of the goods claimed (such value to be fixed by appraisement in case of dispute, to be by such bailiff paid into Court, to abide the decision of the Judge upon such claim) or the sum which the bailiff shall be allowed to charge as costs for keeping possession of such goods until such decision can be obtained, and in default of the claimant so doing the bailiff shall sell such goods 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 (b). Issue of Interpleader Summonses.]-Interpleader summonses may be issued by the Registrar, on the application of the bailiff, without leave of the Court (c), and without fee (d). When to be issued and the Parties to be summoned.]— Interpleader summonses are issued from the Court of the district in which the levy was made, and the execution creditor and claimant are summoned to such Court (e). Service of Summons, and particulars of Claim.]—Where any claim is made to or in respect of any goods or chattels taken in execution under the process of any County Court, or in respect of the proceeds or value thereof, by any landlord for rent, or by any person not being the party against whom such process has issued, and summonses have been issued on the application of the bailiff, such summonses are to be served in such time and mode as is directed for a summons to appear to a plaint (f), and the case proceeds as if the claimant were the plaintiff, and the execution creditor the defendant (g); and the claimant must, five clear days before the day on which the summonses are returnable, deliver to the bailiff, or leave at the office of the Registrar of the Court, a particular of any goods or chattels alleged to be the property of the claimant, and the grounds of his claim, or, in case of a claim for rent, of the amount thereof, and for what period, and in respect of what premises, the same is claimed to be due, and the name, address and de (b) 19 & 20 Vict. c. 108, s. 72. (c) Rules of Practice, r. 131. (d) 19 & 20 Vict. c. 108, Schedule C. (e) Rules of Practice, r. 132. (f) See ante, p. 41. (g) For the evidence in interpleader claims, see the Manual of Practice and Evidence, 2nd edit. pp. 459-471. scription of the claimant shall be fully set forth in such particular, and any money paid into Court under the execution is retained by the Registrar until the claim shall have been adjudicated upon: nevertheless, by consent, an interpleader claim may be tried, although this rule has not been complied with (h). Trial by Jury.]-Cases of interpleader may, at the instance of either party, be tried by a Jury (i). Costs.]-The hearing fee on interpleader is not prepaid, but is estimated on the amount of the money or the value of the goods claimed, which value, in case of dispute, is assessed by the Judge, who, at the hearing, directs by whom and when, and how such fee shall be paid, and the Judge may allow at the hearing the actual costs incurred by the high bailiff keeping possession and no more (j). Where the claim to any goods or chattels taken in execution, or the proceeds or value thereof, is decided against the claimant, the costs of the bailiff allowed by the Judge are retained by him out of the amount levied, if the Judge so orders, but without prejudice to the right of the execution creditor against the claimant for the sum so retained (k). (h) Rules of Practice, r. 131. (i) Id. r. 79. (j) 19 & 20 Vict. c. 108, Schedule C. (k) Rules of Practice, r. 133. CHAPTER XIII. OF COSTS OF ATTORNIES AND COUNSEL IN ACTIONS IN THE COUNTY COURTS. 1. The Right of Suitors to the Assistance of Counsel and Attornies. 1. THE RIGHT OF SUITORS TO THE ASSISTANCE OF COUNSEL AND ATTORNIES. HAVING in the preceding chapters stated the practice in actions in the County Courts from the commencement to judgment and execution, the present chapter is devoted to the statement of the law respecting the right of parties to employ attornies and counsel. The act 9 & 10 Vict. c. 95 (the original statute establishing the County Courts), enacted, sect. 91, "that no person shall be entitled to appear for any other party to any proceeding in any of the said Courts unless he be an attorney of one of her Majesty's Superior Courts of Record, or a barrister at law instructed by such attorney on behalf of the party, or, by leave of the Judge, any other person allowed by the Judge to appear instead of such party: but no barrister, attorney, or other person, except by leave of the Judge, shall be entitled to be heard to argue any question as counsel for any other person in any proceeding in any Court holden under this act. This making the privilege of parties to have professional assistance depend on the leave of the Judge was found to be objectionable, especially when the limit of ordinary jurisdiction of the Courts in actions was increased from 201. to 50l. It was also made a subject of objection (although a great difference of opinion existed on this point) that the right to employ counsel was dependent on the employment by the suitor of an attorney. The statute 15 & 16 Vict. c. 54, (being an act" Further to facilitate and arrange Proceedings in the County Courts,) accordingly, by sect. 10, repealed the above provision of the 9 & 10 Vict. c. 95, and enacted, "that it shall be lawful for the party to the suit or other proceeding, or for an attorney of one of her Majesty's Superior Courts of Record being an attorney acting generally in the action for such party, but not an attorney retained as an advocate by such first-mentioned attorney, or for a barrister retained by or on behalf of the party, on either side, but without any right of exclusive or pre-audience, or, by leave of the Judge, for any other person allowed by the Judge to appear instead of the party, to address the Court, but subject to such regulations as the Judge may from time to time prescribe for the orderly transaction of the business of the Court." Extension of Provisions to other Proceedings than Actions.]-The new rules provide, that the provisions of the last-mentioned section, as to the persons who shall be allowed to appear for any party in any proceeding in the County Courts, shall apply to all proceedings in insolvency and for protection, and to all other matters which may come before the Court (a). Attornies must sign the County Court Roll.]-It is to be observed, that no attorney is allowed to appear for any person in a County Court, until he has signed a roll or book to be kept by the Registrar for that purpose, but no fee is payable for that purpose, and he must, once in every year, if required by the Registrar, produce his certificate for the year to the Registrar, who notes the fact on the roll (b). Notice of Intention to employ Counsel or Attorney unnecessary.]—It is not necessary for either party, previous to the hearing, to give notice to the other, or to the Court, of his intention to employ a barrister or attorney to act as his advocate at the hearing, and the allowance of costs for such barrister or attorney is not affected by such want of notice (c). (a) Rules of Practice, r. 88. (b) Id. r. 86. (c) Id. r. 78. 2. THE REMUNERATION OF COUNSEL AND ATTORNIES. So much for the right of the parties, to the assistance of attornies and counsel: we have now to consider the right of attornies and counsel to remuneration. not By a subsequent part of sect. 91 of the statute 9 & 10 Vict. c. 95, already cited, it it enacted, that " no person, being an attorney admitted to one of her Majesty's Superior Courts of Record, shall be entitled to have or recover any sum of money for appearing or acting on behalf of any other person in the said Court; and no attorney shall be entitled to have or recover therefor any sum of money, unless the debt or damage claimed shall be more than forty shillings, or to have or recover more than ten shillings, for his fees and costs, unless the debt or damage claimed shall be more than five pounds, or more than fifteen shillings in any case within the summary jurisdiction given by this act; and in no case shall any fee exceeding one pound three shillings and sixpence be allowed for employing a barrister as counsel in the cause; and the expense of employing a barrister or an attorney, either by plaintiff or defendant, shall not be allowed on taxation of costs in the case of a plaintiff where less than five pounds is recovered, or in the case of a defendant where less than five pounds is claimed, or in any case unless by order of the Judge." According to the construction which has been put upon this section, it appears that an attorney who has conducted a proceeding in a County Court, may recover from his client his costs for professional exertions out of Court on the same scale as in the Superior Court, the fees mentioned in the above section being intended as a compensation for the mere act of appearing in Court (d). By the Extension Act, the 13 & 14 Vict. c. 61, extending the limit of jurisdiction of the County Courts, as already mentioned, from 20l. to 50l., it was enacted (sect. 6 (e)), that "the fees to be taken by barristers at law and attornies practising in the said Courts, in cases brought within the jurisdiction given by this act, shall be as follows; an attorney shall be entitled to have or recover a sum not exceeding one pound ten shillings for his fees and costs, where the debt, damage or demand claimed in any plaint in covenant, debt, (d) Report of the County Court Commissioners, p. 48. (e) Now repealed by the 19 & 20 Vict. c. 108. See post, p. 162. |