THE NEW PRACTICE OF THE COUNTY COURTS, &c. &c. CHAPTER I. JURISDICTION OF THE COUNTY COURTS IN ACTIONS. 1. General Jurisdiction. 2. Particular Jurisdiction. IN treating of the practice of the County Courts under the new act, 19 & 20 Vict. c. 108 (which came into operation on the 1st of October, 1856), and the rules and orders subsequently issued, it will be convenient to adopt the general arrangement of the work to which the present forms a supplement; treating first of actions, and subsequently of proceedings to recover possession of tenements, interpleader claims, &c., and then of the jurisdiction of the Court in miscellaneous matters. Commencing, therefore, with the proceedings and practice of plaintiffs and defendants in actions in the County Courts, this chapter will be devoted to the JURISDICTION of the County Courts in Actions, treating, first, of their general jurisdiction; secondly, of their particular jurisdiction; thirdly, of the limitation of their jurisdiction; SUP. B fourthly, of the extension of jurisdiction by consent; fifthly, of the concurrent jurisdiction of the Superior Courts; and, lastly, of what may be termed the exclusive jurisdiction of the County Courts. 1. GENERAL JURISDICTION. General Jurisdiction.]-The new act has not made any alteration in the general jurisdiction of the County Court in actions; and, as it expressly provides that the new act, and the previous acts, 9 & 10 Vict. c. 95; 12 & 13 Vict. c. 101; 13 & 14 Vict. c. 61; and 15 & 16 Vict. c. 54, shall be read and construed as one act, and as if the several provisions in the previous acts were repeated and re-enacted, the result is that the jurisdiction of the County Court extends to the recovery of "any debt, damage, or demand," not exceeding the sum of 501., and to all actions in respect thereof (a). On Balance of Account.]-The new act expressly provides that where in any action the debt or demand claimed consists of a balance not exceeding 501., after an admitted setoff of any debt or demand claimed or recoverable by the defendant from the plaintiff, the Court shall have jurisdiction to try such action (b). This provision increases the previous jurisdiction of the Courts; for, although the original act, 9 & 10 Vict. c. 95, s. 58, contained the general words "whether on balance of account or otherwise," the construction put on those words by the Courts, confined their operation to where there was either an ascertained and settled balance of accounts, or a reduction of a claim by payment, it being held that they did not apply where the claim was reduced to 50l. or under, by an offer to allow a set-off, or even to cases where the plaintiff admitted and proved that the defendant was entitled to such set-off. In order to give jurisdiction in such a case, it must have been proved that the parties had agreed to treat the set-off as part payment, so as to reduce the claim to 50%. or under (c). The above provision of the new statute gives jurisdiction in cases where the plaintiff admits the set-off, and proves that it has been either claimed, or is by law recover (a) 9 & 10 Vict. c. 95, s. 58; 13 Manual of Practice and Evidence, & 14 Vict. c. 61, s. 1. in the County Courts, 2nd edit. (b) 19 & 20 Vict. c. 108, s. 24. pp. 4, 5. (c) See the cases collected in the able by the defendant, for it appears to be clear from the context that the words "admitted set-off" refer to an admission by the plaintiff, and not by the defendant (d). Abandonment of Excess.]-So also the previous provision, by which any plaintiff having cause of action for more than 501., although he cannot divide any cause of action for the purpose of bringing two or more suits in the County Courts, may abandon the excess, and thereupon on proving his case, recover to an amount not exceeding 501., the judg ment of the Court upon such plaint, being in full discharge of all demands in respect of such cause of action (e), remains unaltered (ƒ). 2. PARTICULAR JURISDICTION. Partnership Accounts.]-The jurisdiction of the County Court extends, as heretofore, to the recovery of any demand not exceeding 50l., which is the whole or part of the unliquidated balance of a partnership account (g), the new statute not making any alteration in this respect. Distributive Share or Legacy.]-The jurisdiction of the County Court also extends to the recovery of the amount, or part of the amount, not exceeding 501., of a distributive share under an intestacy, or of any legacy under a will (h). p. 5; as to the evidence necessary in such actions, see Id. pp. 337, 338. (h) 9 & 10 Vict. c. 95, s. 65; 13 & 14 Vict. c. 61, s. 1; Manual of Practice and Evidence, p. 5; as to the evidence in such actions, see Id. pp. 338-340. A testator bequeathed to the defendant 1007. in trust to pay that amount to the plaintiff on his attaining twentyone years, and in the meantime to invest it and to pay the plaintiff the interest, with power to the defendant, whom he styled "trustee," to advance either the part or the whole for the education, &c. of the plaintiff, or otherwise for his benefit during his infancy. The plaintiff, on attaining his majority, sued the Replevin.]-Section 119 of the statute 9 & 10 Vict. c. 95, which enacts that all actions for replevin in cases of distress for rent in arrear, damage feasant, which shall be brought in the County Court, shall be brought without writ in a Court held under that act, is not affected by the new act. The new provisions with respect to this form of action will be found elsewhere (i). Under the Customs Act.]-Jurisdiction in certain matters connected with the administration of the customs law has lately been conferred on the County Court. By sect. 263 of the stat. 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 100l. 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. 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 (k). By Order of a Judge of one of the Superior Courts.]– In treating of the jurisdiction of the County Courts in particular cases, we have hitherto considered it with reference to the commencement as well as to the trial of actions in these Courts. This will be a convenient place, however, to refer to a particular kind of jurisdiction conferred on County Courts by the new statute. The County Court Commissioners thought that the jurisdiction of the County Courts might be rendered beneficially available by enabling a Judge of the Superior Courts, where, in an action brought in the Superior Court, it appears that a sum not exceeding 50l. is claimed in an action of contract, or that the claim is reduced by set-off, payment, or otherwise, to a sum not exceeding 50l., to direct, on the application of defendant in the County Court for a balance of 50%. of the 100%., part having been applied pursuant to the terms of the will. It was held that the County Court had no jurisdiction, the 100l. not having been given as a legacy, but by way of trust. Phillips v. Hewston, 25 L. J. (N. S.) Exch. 133. (i) See post, Chapter X. (k) See the Report of the County Court Commissioners, p. 3. |