clerk by an annual salary, not exceeding 7001. By the new act the Registrars are paid by salaries regulated according to he amount of business at each Court (g).

Where the clerk, by illness or unavoidable absence, is prevented from acting in his office, he may, with the approval of the Judge, or in case of inability of the clerk, the Judge may, appoint a person qualified to be appointed clerk of the Court to act as deputy, but he is liable to be removed at the clerk's pleasure. When the clerk appoints a deputy, the reason of such appointment must be entered on the minutes of the Court in which he acts.

A deputy clerk must have the same qualification (that of being an attorney of a Superior Court) as a principal clerk; he can only be appointed in certain emergencies, and with the sanction of the Judge. By virtue of his appointment, he can act in Court, and perform all the duties of the principal clerk (h).

The appointment of a deputy of a Registrar is not vacated by the death or removal of the Registrar, but his acts done after such death or removal are as valid as if the Registrar had not died or been removed, and he continues to act until a successor to such Registrar is appointed; and he receives, as remuneration for his services during the period he may so act after the death or removal of the Registrar, a rateable proportion of the salary attached to the office of Registrar (i).

On the death or removal of a Registrar who has not appointed a deputy, the Judge may, for a period not exceeding three months, provisionally appoint a person to discharge the duties of Registrar; and such person acts and has all the rights and liabilities of a Registrar until a permanent successor is appointed, and receives as remuneration for his services during the period he may so act a rateable proportion of the salary attached to the office of Registrar (j).

3. THE HIGH BAILIFF.

To each Court, at least one high bailiff is appointed, but the same person is sometimes appointed high bailiff to several Courts.

(g) 19 & 20 Vict. c. 108, s. 82. (h) Report of the County Court Commissioners, pp. 6, 7, 8.

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(i) 19 & 20 Vict. c. 108, s. 12. (j) Id. s. 13.

K

No especial qualification is required for the person filling

the office.

The high bailiff is appointed by the Judge, by order of Court.

This officer may be removed by the Lord Chancellor or the Chancellor of the Duchy of Lancaster respectively at his discretion.

The high bailiff is bound to give security in the same form, and for the same matters, as the clerk.

When appointed he is not permitted, directly or indirectly, to be engaged as attorney or agent for any party in any proceeding in the Court.

The duties of the high bailiff are to attend every sitting of the Court for such time as shall be required by the Judge, unless when his absence is allowed for reasonable cause by the Judge; to serve all summonses and orders, and to execute all warrants, precepts and writs issued from the Court; to conform to the rules of practice regulating the proceedings of the Court; and, subject to them, to obey the order and direction of the Judge. The rules of practice, as in the case of the clerk, prescribe certain minute regulations for the convenient conduct of the office (k). He also acts as messenger in protection and insolvency cases.

He is responsible for the acts and defaults of himself and his assistant bailiffs, in like manner as the sheriff of any county in England is responsible for the acts and defaults of himself and his officers.

The high bailiff is empowered to appoint, in writing, a sufficient number of able and fit persons, not exceeding such number as the Judge shall allow, to assist him in his office. These sub-bailiffs are liable to be dismissed at the pleasure of the high bailiff, or to be suspended or dismissed by the Judge (1), but their appointment is not vacated by the death or removal of the high bailiff (m). Moreover, on the death or removal of the high bailiff, the Judge may make a provisional appointment for three months (n).

The high bailiff was formerly remunerated by the fees allowed by the statutes and the Secretary of State's orders in respect of the proceedings of the Court, but they are now paid by salaries fixed and regulated from time to time by the Commissioners of her Majesty's Treasury, with the consent

(k) See the Rules of Practice, post, Appendix, rr. 21-29.

(1) Report of the County Court

Commissioners, p. 8.

(m) 19 & 20 Vict. c. 108, s. 14. (n) Id. s. 16.

of the Lord Chancellor, and in addition to such salaries, receive for their own use the fees appointed for keeping possession of goods under executions, and such salaries include all payments made by the high bailiffs to their under bailiffs; or, with the like consent, the high bailiffs may be paid partly by salaries and partly by allowances for the execution of warrants, and for mileage on the service or execution of any process (o).

The salaries of the Registrars and high bailiffs are paid out of the produce of the fees payable on the proceedings in the Courts, and whenever the amount of such fees is not sufficient to pay such salaries the deficiency is to be made good out of any monies to be provided by parliament for that purpose; and the surplus which, from time to time, remains after payment of the salaries, is paid over to the credit of the Consolidated Fund (p).

4. THE TREASURER.

The treasurer is an officer of the County Court appointed by the Commissioners of her Majesty's Treasury, and removable at their pleasure. No special qualification appears to be necessary to enable a person to accept this office. He is bound to give security for the same matters as the clerk or high bailiff. The number of these officers is twenty-three. The treasurer cannot act as an attorney or agent directly or indirectly for any party in any proceeding in the Court. To each is assigned a certain number of districts within which his duties are to be performed. These duties consist in auditing half-yearly, quarterly, or oftener if necessary, the accounts of the clerk of the Court connected with the ordinary duties of his office, as well as those incident to the office of Registrar and official assignee in protection cases; in receiving the balances of the various monies properly to be paid over to him; in paying the Judges their salaries and travelling expenses; in disposing of the balance remaining in his hands, as directed by the Commissioners of the Treasury; and in submitting annually to the audit board an account of his receipts and disbursements, with proper vouchers in respect of them. The account is then audited,

(o) 19 & 20 Vict. c. 108, s. 83.

(p) Id. s. 84.

and a statement of it transmitted to the Commissioners of the Treasury, who, after considering it, give directions as to the making up and passing of the account. It is then signed by two commissioners of audit, who are empowered to sign a certificate in the nature of a quietus, which operates as an effectual discharge to the treasurer and to all other intents and purposes. Besides the duties already described, peculiarly relating to the supervision of the Registrar's accounts, other duties devolve on the treasurer with reference to the Courts. He is required, with the approval of one of the Secretaries of State, to build, purchase, hire, or otherwise provide, messuages and lands, with all necessary appurtenances, for holding the Court, and for the offices connected therewith: or, instead of providing separate buildings, he may contract with the proper persons for the use and occupation of such hall or other building as may be necessary for the purpose of the Court and officers, and subject to such conditions as to rent and repairs, alterations and improvements, as may be agreed on. He is also empowered, with the consent of the Commissioners of the Treasury, to borrow money at interest for the above purposes; and such contracts are binding on him and his successors in office. All the real and personal property belonging to the Court are vested in the treasurer for the time being and his successors in trust for the purposes of the Court.

The remuneration of this officer is by a salary determined as to its amount by the Lords Commissioners of the Treasury, and that salary was originally charged on the Consolidated Fund, but is now voted annually; the salary varies in amount from 550l. to 700l. Besides his salary, he receives certain allowances for his travelling expenses incurred in proceeding to the several Courts on his audit.

It may be observed, that no two of the offices of Registrar, high bailiff and treasurer, can be held by the same person (q).

(g) Report of the County Court Commissioners, p. 9.

APPENDIX.

19 & 20 VICT. c. 108.

An Act to amend the Acts relating to the County Courts. [29th July, 1856.

WHEREAS it is expedient to amend and extend the provisions of the acts relating to the County Courts established by the act passed in the session of parliament holden in the ninth and tenth years of the reign of her present Majesty, chapter ninety-five: be it enacted by the Queen's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present parliament assembled, and by the authority of the same, as follows:

I. The provisions of this act shall come into operation on Commencethe first day of October, in the year of our Lord one thousand ment of act. eight hundred and fifty-six, except the provisions relating to framing a scale of costs and making rules and orders of prac

tice and forms of proceeding which shall come into operation on the passing of this act.

II. The several enactments specified in schedule (A.) to Enactments this act are hereby repealed, except as to acts done under in schedule (A.) repealed.

them.

III. This act and the acts passed in the sessions of parlia- This act and ment holden in the ninth and tenth years of the reign of her 9 & 10 Vict. present Majesty, chapter ninety-five, in the twelfth and thir- c. 95, 12 & 13 Vict. c. 101, teenth years of the reign of her present Majesty, chapter one 13 & 14 Vict. hundred and one, in the thirteenth and fourteenth years of c. 61, and 15 the reign of her present Majesty, chapter sixty-one, and in & 16 Vict. c. the fifteenth and sixteenth years of the reign of her present construed 54, to be Majesty, chapter fifty-four, shall be read and construed as together. one act, as if the several provisions in the said recited acts contained, not inconsistent with the provisions of this act, were repeated and re-enacted in this act.

IV. The provisions of this act and of the recited acts which This act. and apply to any debt not exceeding twenty pounds shall apply those above to such debt or any part thereof, although the same shall be recited, to apply to secured by or claimed upon bill of exchange or promissory debts sued note, and notwithstanding the statute of the eighteenth and for under nineteenth years of the reign of her present Majesty, chapter 18 & 19 Vict. sixty-seven.

c. 67.

V. Where the time within which or where the mode in Time and which any proceeding should be taken in the County Court mode of

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