Proceedings under the Industrial and Provident and Literary and Scientific Institutions, and the Friendly Societies Acts.]-In proceedings in the County Courts under 15 & 16 Vict. c. 31, 17 & 18 Vict. c. 112, and 18 & 19 Vict. c. 63, a plaint is entered, and a summons issued thereon, and the rules and practice of such Courts are adopted with respect to such proceedings, so far as the same are applicable (c).

"Where a defendant is a trustee, member of the general committee of management, treasurer or other officer of an institution or society established under any act mentioned in the last rule, the summons shall be served in the mode, if any, prescribed by the act under which any such institution or society is established or regulated, and if no mode of service be thereby prescribed, then at the usual place of business of the institution or society, and if there be no such place of business, then according to the ordinary practice of the Court" (d).

6. ACKNOWLEDGMENTS OF DEEDS BY MARRIED WOMEN.

In pursuance of the recommendation of the County Court Commissioners, the new statute enacts that "any acknowledgment to be made by any married woman of any deed under the act of the third and fourth years of the reign of his late Majesty King William the Fourth, chapter seventyfour, may be received by a Judge of a County Court in the same manner as such acknowledgment may be received by a Judge of a Superior Court" (e).

(c) Rules of Practice, r. 186. (d) Id. r. 187.

(e) 19 & 20 Vict. c. 103, s. 73.

CHAPTER XVII.

AUXILIARY JURISDICTION OF THE COUNTY COURTS UNDER CERTAIN STATUTES.

1. Succession Duties.

2. Customs.

3. Arresting Ships.

1. SUCCESSION DUTIES.

By sect. 50 of the 16 & 17 Vict. c. 51 (Succession Duties Act), any accountable party dissatisfied with the assessment of the Commissioners may, on complying with the conditions prescribed in the section, if the "sum in dispute in respect of duty on such assessment does not exceed 50l., appeal to the Judge of the County Court, who will have jurisdiction to hear and determine the matter of the appeal and costs thereof." His decision is final. Considering the interests in property, which is the subject of the duty, as well as the provisions of the act, with respect to its collection, it is evident that difficult questions of equity as well as of law may arise in the determination of the appeal. In consequence of the mode in which sect. 50 is expressed, a far greater sum than 501. may become the subject of inquiry in the County Court (a).

In proceedings in County Courts under this section, a plaint is entered, and a summons issued thereon, and the rules and practice of the Court adopted with respect to such proceedings, so far as the same are applicable (b).

2. CUSTOMS.

Jurisdiction in certain matters connected with the administration of the Customs Law has lately been conferred on the

(a) Report of the County Court Commissioners, p. 5.

(b) Rules of Practice, r. 193.

Court. By sect. 263 of 16 & 17 Vict. c. 107 (the Customs Act), the crown may sue in the County Court for duties or penalties not exceeding in any case the sum of 1007. The decision of the Judge is final in such cases. By sect. 318, in case of any alleged illegal seizure of any boat, vessel, or goods by the custom-house officer, an action may be brought against him in the County Court, where the damages claimed do not exceed the amount to which the jurisdiction of the Court is limited, and sect. 319 provides that the case shall not be tried by a jury, except by consent of both parties, and that the decision of the Judge shall be subject to appeal in the same manner as is allowed in other actions triable in the Court (c).

3. ARRESTING SHIPS.

By the 527th section of 17 & 18 Vict. c. 104 (the Shipping Act), in the event of an injury having been done by one vessel to another in any part of the world, it became, on and after the 1st May, 1855, competent for the Judge of the County Court, in certain cases, on the complaint of the injured party, to direct the vessel to be detained until satisfaction is made for the alleged wrong, or security is given to abide the event of a legal proceeding in respect of it.

(c) Report of the County Court Commissioners, p. 3.

CHAPTER XVIII.

PROCEEDINGS UNDER THE METROPOLITAN
BUILDING ACT, 1845.

Appeal to County Court from Surveyor's Award.]-The Metropolitan Building Act, 1855 (18 & 19 Vict. c. 122), after providing for the settlement of differences not otherwise provided for, between a building owner and adjoining owner in respect of matters arising under the act (a), by one surveyor, where both parties concur in the appointment of one surveyor, or by three surveyors (one appointed by each party and an umpire), provides (sect. 85), that any award given by such one surveyor, or by such three surveyors, or any two of them, shall be conclusive, and shall not be questioned in any Court, with the exception that either of the parties to the difference may appeal therefrom to the County Court, within fourteen days from the date of the delivery of the award, and such County Court may, subject as thereinafter mentioned, rescind or modify the award so given in such manner as it thinks just.

Right of Appellant to object to the Jurisdiction of the County Court. If the appellant from any such award, on appearing before the County Court, declares his unwillingness to have the matter decided by such Court, and proves to the satisfaction of the Judge that in the event of the matter being decided against him, he will be liable to pay a sum, exclusive of costs, exceeding 507., and gives security, to be approved by such Judge, duly to prosecute his appeal, and to abide the event, all proceedings in the County Court are stayed, and the appellant may bring an action in one of the Superior Courts against the other party to the difference, and the question is raised in the form of an issue or by special

case.

(a) See sect. 90 of the act.

Security.]-The same statute further provides (sect. 87), that any adjoining owner may, if he thinks fit, by notice in writing given by himself or his agent, require the building owner, before commencing any work which he may be authorized by the acts to execute, to give such security as may be agreed upon, or in case of difference may be settled by the Judge of the County Court, for the payment of all such costs and compensation in respect of such works as may be payable by such building owner.

Power of the Judge of the County Court to give Consent in certain Cases.]-Where any consent is required to be given or any other thing to be done by any owner in pursuance of the same act, if there is no owner capable of giving such consent or of doing such thing, and no person empowered by the act to give such consent or to do such thing on behalf of such owner, or if any owner so capable, or any person so empowered, cannot be found, the Judge of the County Court has power to give such consent or to do or cause to be done such thing on behalf of such owner, upon such terms and subject to such conditions as he may think fit, having regard alike to the nature and purpose of the subject-matter in respect to which such consent is to be given; and the Judge has power to dispense with the service of any notice which would otherwise be required to be served (b).

What County Courts are to exercise Jurisdiction under the Act.]-Whenever anything is authorized by the statute to be done by a County Court, it may be done as follows: that is to say, if such thing arises in respect of any structure or other subject-matter situate within the city of London, or the liberties thereof, by the Sheriff's Court, established under the local act, 11 & 12 Vict. c. lxxi. (c), and if such thing arises in respect of any structure or other subject-matter situate elsewhere, by the County Court having jurisdiction within the district in which such structure or other subjectmatter is situate (d).

Conduct of Proceedings in the County Courts.]-Proceedings in the County Court in respect of any matters arising under this act, are conducted in the same manner as proceedings are conducted in any case within the ordinary (b) Sect. 96. (d) 18 & 19 Vict. c. 122, s. 92.

(c) See ante, p. 6.