jurisdiction of such Court, or as near thereto as circumstances permit, and orders made by the Judge may be enforced by execution, committal or otherwise, in a similar manner to that in which the orders of such Court are ordinarily enforced. The new rules also provides, that in proceedings in the County Courts under this statute, a plaint shall be entered, and a summons shall be issued thereon, and the rules and practice of the Court shall be adopted with respect to such proceedings, so far as the same are applicable (e). Power of the Judge as to Orders and Costs.] — In cases where jurisdiction is given to a County Court by this statute, such Court may from time to time make such order in respect of matters so brought before it as it may think fit, with power to settle the time and manner of executing any work, or of doing any other thing, and to put the parties to the case upon such terms as respects the execution of the work as it thinks fit. The Court has also power to award or refuse costs, according to circumstances, and to settle the amount (ƒ). Appeal.]-Independently of the power to object, in the first instance, to the jurisdiction of the County Court, if either party in any case over which jurisdiction is given by the act to a County Court, feels aggrieved with the decision of such Court in respect of any point of law, or the admission or rejection of any evidence, he may appeal therefrom in the same manner and upon the same terms in and upon which he might have appealed from the decision of such Court, in any case within the ordinary jurisdiction of such Court, or as near thereto as circumstances permit, but no such appeal is allowed unless the value of the matter in difference between the parties exceeds 501.; and the opinion of the Judge before whom the case is tried, as to such value, is conclusive (g). (e) Rules of Practice, r. 194. (g) Id. s. 102. CHAPTER XIX. OF THE JUDGES AND OFFICERS OF THE COURT. 1. The Judge. 2. The Registrar. 4. The Treasurer. 1. THE JUDGE. THE Judge is appointed by the Lord Chancellor in districts without the limits of the Duchy of Lancaster, and by the Chancellor of the duchy within the limits of the duchy. It is competent for the Lord Chancellor or the Chancellor of the Duchy of Lancaster, within their respective jurisdictions, to remove any Judge from any district for the purpose of appointing him to any other district in which the salary of the Judge shall not be less than in the district from which he shall be so removed. He is removable at the discretion of the Lord Chancellor or Chancellor of the duchy respectively, for inability or misbehaviour. In order to become the Judge of a County Court, the necessary qualification was, at the original establishment of the Courts, that he should be a barrister-at-law of at least seven years' standing, or that he should have practised as a barrister and special pleader for at least seven years, or have acted in the capacity of Judge in some one of certain local Courts mentioned in the 9 & 10 Vict. c. 95. In the event of any of the Judges dying, resigning or being removed, the qualification of his successor must be, that he is a barrister of at least seven years' standing, or that he has practised as a barrister and special pleader for at least seven years, or that he has been the county clerk of the same county at the time of passing the 9 & 10 Vict. c. 95. When appointed he cannot sit as a member of parliament, nor can he practise at the bar, or as a special pleader, or equity draftsman, or be directly or indirectly concerned as a conveyancer, notary public, solicitor, attorney or proctor, and if an attorney he cannot hold certain offices which, having regard to the present qualification of a Judge, it is not necessary to enumerate (a). In case of illness or unavoidable absence, the cause of which absence must be entered on the minutes of the Court, the Judge may appoint a deputy to perform the duties of his office. The remuneration of the deputy, however, is by the Judge himself. As no cessation of holding his Courts is permitted, he may, with the sanction of the Lord Chancellor, appoint a deputy to act for him during any time or times not exceeding in the whole two calendar months in any consecutive period of twelve calendar months. In that case, also, he must remunerate the deputy out of his own resources. The qualification of the person to be appointed deputy is, that of being the Judge of another County Court, or of being a barrister of seven years' standing, or who has practised as a barrister and special pleader for at least seven years (b). If the deputy be a barrister, he cannot, during the time he acts or shall be entitled to act as such deputy, practise, except in the district of the Westminster County Court, as a barrister in any Court within the district for which he acts or shall be entitled to act as such deputy. By the new act, the appointment of a deputy of a Judge of a County Court, whether such deputy has been appointed by the Judge, or by the Lord Chancellor, or by the Chancellor of the Duchy of Lancaster, is not vacated by the death of the Judge, but his acts done after such death are as valid as if the Judge had not died, and he continues to act in all the Courts of the district of which the deceased was Judge until the Lord Chancellor, or, where the whole of such district is within the Duchy of Lancaster, until the Chancellor of that duchy otherwise orders, or a successor to such Judge is appointed; and such deputy receives as remuneration for the period that he may act as deputy, after the death of the Judge, such sum as the Lord Chancellor directs, or if the successor of the deceased Judge be appointed by the Chancellor of the Duchy of Lancaster, then as the said Chancellor of the duchy directs, and such sum is deducted from the salary and travelling allowance of the Judge appointed to succeed the deceased Judge (c). If the name of any Judge of a County Court be inserted in any commission of the peace for any county, riding, or (a) As to the salaries of the Judges, see the stat. 19 & 20 Vict. c. 108, ss. 80, 81. (b) 19 & 20 Vict. c. 108, s. 6. (c) Id. s. 11. division of a county, in which he is appointed Judge, he is competent to act in the execution of the office of justice of the peace, although not qualified by estate as required by law in the case of other justices of the peace. The Judge is required to hold a Court in each district at least once in every month, or at such other interval as one of the secretaries of state shall order. Of the monthly Court, he must give at least three months' notice; but he may hold additional Courts without such notice. He is not permitted to hold more than one Court in any one day. No vacation is allowed to the Judge, except the time elapsing between the monthly holding of the Courts. Where a Judge has twelve or thirteen Courts on his circuit this period is necessarily short. The number of existing Judges is sixty. In cases where it is necessary to interfere by issuing a mandamus to a Judge or any other officer of a County Court, in order to compel him to perform some specific act, the County Court Commissioners thought it desirable that the Superior Courts at Common Law should have power, instead of issuing a mandamus, to grant a rule for that purpose. The new act accordingly provides that no writ of mandamus shall issue to a Judge or an officer of the County Court for refusing to do any act relating to the duties of his office; but any party requiring such act to be done may apply to any Superior Court or a Judge thereof, upon an affidavit of the facts, for a rule or summons calling upon such Judge or officer of a County Court, and also the party to be affected by such act, to show cause why such act should not be done; and if, after the service of such rule or summons, good cause shall not be shown, the Superior Court or Judge thereof may by rule or order direct the act to be done, and the Judge or officer of the County Court, upon being served with such rule or order, shall obey the same on pain of attachment; and in any event the Superior Court or the Judge thereof may make such order with respect to costs as to such Court or Judge shall seem fit (d). (d) 19 & 20 Vict. c. 108, s. 43. 2. THE REGISTRAR. To each Court, at least one Registrar, formerly called the clerk, is appointed; and although formerly, in many cases, one person was appointed clerk to several Courts, no person can now be appointed Registrar of more than one Court (e). Each Registrar hereafter to be appointed must be resident in the district for which he is appointed. The qualification of a person proposed to be Registrar is, that he shall be an attorney of one of her Majesty's Superior Courts of Common Law. He is appointed by the Judge of the Court, subject to the approval of the Lord Chancellor or the Chancellor of the Duchy of Lancaster respectively. No particular form of appointment is necessary. He is removable at the discretion of the Lord Chancellor or Chancellor of the duchy respectively. On his appointment he is bound to give security for such sum, and in such manner as the Commissioners of her Majesty's Treasury shall order, for the due performance of his office, and for the due accounting for and payment of all monies received by him by virtue of his office, or which he may become liable to pay for any misbehaviour in his office. When appointed, the clerk is not permitted to be directly or indirectly concerned as attorney or agent for any party in any proceeding in the Court. The clerk, besides attending the sitting of each Court, is bound to issue all summonses, warrants, precepts and writs of execution, and register all orders and judgments of the Court; to take charge of and keep an account of all Court fees and fines payable or paid into Court, and of all monies paid into and out of Court; and to enter an account of all such fees, fines and monies in a book belonging to the Court, to be kept by him for that purpose, and to submit his accounts to be audited and settled by the treasurer. In protection cases, he is the official assignee of the insolvent estate. variety of other duties in matters of detail, necessary to the convenient conduct of the Court and the clerk's office, are. required by the rules of practice to be performed by him (ƒ). A His remuneration on the first establishment of the Courts was by certain fees appointed to be taken upon the proceed ings in Court. A power was, however, reserved to the go vernment, but only exercised in fifteen districts, to pay the 10. (e) 19 & 20 Vict. c. 108, ss. 8, 9, (f) See the Rules of Practice, post, Appendix, rr. 6-20. |