The psons entitled to apply to the County Court under the jurisdiction conferred by the act are, her Majesty's Attorney-General, the trustee or one or more of the trustees of any charity, or the person or persons administering, or claiming to administer, or interested in the charity which is the subject of the application, or any two or more of the inhabitants of any parish or place within which the charity is administered or applicable. This distinction, however, exists between applications by the Attorney-General and those by any of the other persons before mentioned; that the former may apply to the Court at his discretion, but the latter require the sanction of the charity commissioners for the

purpose.

It will be convenient in describing the practice of the Court on these applications to state-first, that which applies to private persons; and, secondly, that which applies to the Attorney-General.

Applications by private Persons.]-The person who is desirous of applying to the County Court for relief having obtained the proper order or certificate from the charity commissioners, must file it with the clerk. That officer will then, at the instance of the applicant, and subject to the discretion of the Judge, summon or give notice to the proper persons to appear or attend proceedings at an appointed Court. These summonses and notices are served by post, unless the Judge otherwise directs. On the appointed day, the persons summoned to appear, or who have received notice to attend, or any of the persons who are entitled to apply under the act, may appear and oppose the application. The Judge then proceeds to make such order in the matter as to him seems just. This order, together with a copy of the other proceedings, is then transmitted to the charity commissioners. If it meet with their approval the order is final, unless some person authorized to make an application under the statute is desirous of appealing against the order.

In such a case the intended appellant must, within a calendar month after making the order, give notice in writing to the commissioners and to the Court, of his wish to appeal, stating the grounds of his intended appeal. If the commissioners think that the appeal should be entertained, they give a certificate to that effect, and proceedings on the order are suspended during such time as the circumstances require. The commissioners may require the appellant to join in a

bond with two sufficient sureties to be approved by the clerk of the County Court, to the treasurer of the Court, or such other person as they think fit, in such sum as they think reasonable, to pay such costs of the appeal as the appellate Court shall order; and also, if they think fit, to indemnify the charity against the costs and expenses of or attending such appeal. On compliance with the requisition of the commissioners, an order is made allowing the appeal. Within three calendar months, the appellant must present a petition to the Court of Chancery praying such relief as the case may require. Upon the hearing of the petition, the Court may confirm, vary or reverse the order appealed against, or may remit the order to the County Court by which it was made, with or without any declaration of the Court of Chancery in relation to it; or the Court may dispose of the matter of the order as in the case of a suit regularly instituted, or a petition. If the appellant do not proceed within three calendar months from the time at which the appeal is allowed, the order of the County Court becomes final. If the costs adjudged by the appellate Court to be paid by the appellant are not paid, the bond may be put in suit, and the sum recovered on it applied to indemnify the charity or the person damnified, as the case may require, and as the appellate Court thinks right.

Proceedings by the Attorney-General.]-The AttorneyGeneral's power to proceed ex officio continues in the same manner as if the act had not been passed; and he may, without the sanction of the charity commissioners, make application to the County Court in such matters. On making such an application, he must lodge with the clerk a statement similar to the commissioners' certificate or order. On the production of this statement, the clerk will take the same steps for the purpose of bringing the cause to a hearing, as on the application of a private person. At the hearing, the same proceedings as in other cases take place. The Judge having heard the application, pronounces his judgment and makes his order. Against this order the Attorney-General, acting ex officio, may, at any time within three calendar months after the order has been made, lodge, commence and prosecute an appeal, without giving notice or becoming bound, as in the case of private persons, and the County Court is thereupon bound to make an order allowing the

appeal. The subsequent proceedings on the appeal are the same as in other cases.

It is to be observed that no deputy Judge is allowed to dispose of these matters, and a jury cannot be summoned to dispose of the facts.

The clerk enters the proceedings in each case under its respective title, in a book kept for that purpose, and the various documents lodged with him are filed (a).

(a) Report of the County Court Commissioners, pp. 16, 17.

CHAPTER XVI.

EQUITABLE JURISDICTION OF THE COUNTY COURTS IN MISCELLANEOUS MATTERS.

1. Chancery.

2. Joint-Stock Companies Act.

3. Friendly Societies.

4. Industrial and Provident Societies, and Literary and Scientific Institutions.

5. Literary Institutions.

6. Acknowledgment of Deeds by Married Women.

1. CHANCERY.

By sect. 22 of the 9 & 10 Vict. c. 95, the Judge may be required to perform all such duties relating to causes or matters depending in Chancery, or any Judge thereof, or before the Chancellor, in the exercise of any authority belonging to him, necessary or proper to be done in the respective districts, as the Chancellor shall from time to time by any general order direct. This power of the Court of Chancery to avail itself of the assistance of the County Courts, does not appear, however, ever to have been exercised, and no peculiar practice, consequently, has been established with reference to those matters (a).

2. JOINT-STOCK COMPANIES ACTS.

By sect. 20 of the 12 & 13 Vict. c. 108 (an act amending the Joint Stock Companies Winding-up Act, 11 & 12 Vict. C. 45), Judges of County Courts sitting at places more than twenty miles from the General Post Office are appointed. commissioners to act under the powers of that and the previous statute, and the master may, by any order under his hand, refer the whole or any part of the examination of any

(a) Report of the County Court Commissioners, p. 6.

witnesses to any such Judge; and similar provisions are inserted in "The Joint Stock Companies Act, 1856," 19 & 20 Vict. c. 47, s. 101.

3. FRIENDLY SOCIETIES.

By the statute 13 & 14 Vict. c. 115, s. 22, (Friendly Societies Act,) continued by subsequent acts, if a dispute arose between the members and the trustees, treasurer, or other officer or committee, and was of such a kind that for the settlement of it, according to the laws then in force, recourse must have been had to a Court of Equity, it might be referred, at the option of either party, to a Judge of a County Court. And although these statutes were repealed by the Friendly Societies Act, 18 & 19 Vict. c. 63, similar provisions are introduced into the last-mentioned act (b).

4. INDUSTRIAL AND PROVIDENT SOCIETIES AND LITERARY AND SCIENTIFIC INSTITUTIONS.

The above provisions, applicable to friendly societies, are extended, by 15 & 16 Vict. c. 31, s. 8, to industrial and provident societies.

5. LITERARY INSTITUTIONS.

By the Literary and Scientific Institutions Act, 1854, (17 & 18 Vict. c. 112,) in case of any institution contemplated by the act being desirous of dissolving itself, and any dispute arising among the governing body or the members of the institution, the adjustment of its affairs shall be referred to the Judge of the County Court of the district in which the principal building of the institution shall be situate, who may make such order as he may deem requisite, or, if he find it necessary, he may direct that proceedings shall be taken in the Court of Chancery. The Judge is also to determine, in the event of disagreement, to what institution any surplus funds should be given.

(b) See ss. 41, 42, 43, 44.