Court. The costs of attornies, in cases above 201., will be found mentioned elsewhere (k). 7. CHANGING THE VENUE(1). If either party to a cause can satisfy the Judge of the County Court that such cause can be more conveniently or fairly tried in some other County Court, it is his duty to order that the venue be changed, and that the cause be sent for hearing to such other County Court, or, if the Judge be interested in the matter of any cause pending in his Court, he must order the venue to be changed, and that the cause be sent for hearing to some convenient County Court of which he is not the Judge, at his discretion (m). In either case the Registrar of the Court in which the plaint was entered must forthwith transmit by post to the Registrar of the Court to which the cause is to be sent a certified copy of the plaint, as entered in the plaint book, the duplicate copy of the summons and particulars served on the defendant, and a certified copy of the order for changing the venue, and the Judge of such last-mentioned Court then appoints a day for the hearing, notice whereof is sent by post or otherwise by the Registrar to both parties (n). (k) See post, Appendix. (1) As to changing the venue at the instance of the defendant in actions brought by officers of the County Courts, see ante, p. 74. (m) See the Form of Order, post, Appendix, Form No. 28. (n) 19 & 20 Vict. c. 108, s. 22. See the Form of Notice, post, Appendix, Form No. 29. The stat. 18 & 19 Vict. c. 32 (amending and extending the jurisdiction of the Stannary Court) provides (sect. 17), that "where any cause touching the usage or customs of mining or of miners, or the principles and incidents of cost-book partnership or of cost-book mines, or the privileges and franchises of tinners or miners, or the effect and operation of setts or licences to mine, or contracts for the sale or transfer of shares in mines, or the custom of tin bounds or the nature and incidents thereof, shall be pending before one of the Judges of the County Courts within the Stannaries, the said Judge shall, at the request of either party, have power to remit the said cause for trial or hearing before the Court of the ViceWarden, who shall thereupon have all the same powers and jurisdiction with respect to the cause as if it had been commenced by plaint in the Court of the Vice- Warden, subject to the like appeal as in other causes so commenced." 8. THE MODE of giving SECURITY WHEN REQUIRED. In various stages of the case, either party may be called on to give security to secure some particular object. Thus, we have seen, a defendant sued under the Bills of Exchange Act, on being let in to defend, may be called on to give security for the amount (o), or, on the other hand, the plaintiff in such action may be called on to give security for costs (p). So, also, where the defendant objects to the case being tried in the County Court (q), and in cases of removal by certiorari, the defendant may be compelled to give security. Hereafter it will be seen, that security is required on the continuance of actions by assignees of bankrupts and insolvents (r), in cases of appeal, and on various other steps. Form of Security.]-The new statute provides, that, "where by this act, or any act relating to the County Courts, a party is required to give security, such security shall be at the cost of the party giving it, and in the form of a bond (s), with sureties, to the other party or intended party in the action or proceeding: provided always, that the Court in which any action on the bond shall be brought may by rule or order give such relief to the obligors as may be just, and such rule or order shall have the effect of a defeasance of such bond" (t). Notice of Sureties.]-In all cases where a party proposes to give a bond by way of security, he must serve, by post or otherwise, on the opposite party and the Registrar, at his office, notice of the proposed sureties in the form set forth in the schedule to the new rules (u); and the Registrar must forthwith give notice to both parties of the day and hour on which he proposes that the bond shall be executed; and must state, in the notice to the obligee, that should he have any valid objection to make to the sureties, or either of them, that it must then be made (x). (o) See ante, p. 62. (p) Id. p. 63. (q) Id. P. 7. (r) See post, p. 88. See a Form of Bond under the Bills of Exchange Act, post, Appendix, Form No. 15. (t) 19 & 20 Vict. c. 108, s. 70. (u) See post, Appendix, Form No. 13. (x) Rules of Practice, r. 134. It is to be observed, that no officer of the Court, nor any attorney or his clerk, can become surety (r. 20). Affidavit of Sufficiency.]-The sureties must make an affidavit of their sufficiency before the Registrar in a prescribed form (y), unless the opposite party dispenses with such affidavit (z). Execution and Deposit of the Bond.]-The bond must be executed in the presence of the Judge or Registrar, or before a Commissioner to administer oaths in Chancery in England, or a London Commissioner to administer oaths in Chancery, or a Commissioner for taking affidavits in any Superior Court, or before a justice of the peace: if it be executed in the presence of the Judge or Registrar it is not necessary for it to be attested (a). In all cases where the security is by bond, the bond must be deposited with the Registrar until the cause be finally disposed of (b). Deposit in lieu of Security.]—The new act provides that "where by this act or any acts relating to the County Courts a party is required to give security, he may in lieu thereof deposit with the Registrar, if the security is required to be given in a County Court, or with a master of the Superior Court if the security is required to be given in such Court, a sum equal in amount to the sum for which he would be required to give security, together with a memorandum, to be approved of by such Registrar or master, and to be signed by such party, his attorney or agent, setting forth the conditions on which such money is deposited, and the Registrar or master shall give to the party paying a written acknowledgment of such payment (c); and the Judge of the County Court, when the money shall have been deposited in such Court, or a Judge of the Superior Court when the money shall have been deposited in a Superior Court, may, on the same evidence as would be required to enforce or avoid such bond as in the last preceding section is mentioned, order such sum so deposited to be paid out to such party or parties as to him shall seem just" (d). By the Rules of Practice where a party makes a deposit of (y) See post, Appendix, Form No. 14. (*) Rules of Practice, r. 135. (a) Id. r. 136. (b) Id. r. 138. (c) See Form of Certificate of Deposit, post, Appendix, Form No. 12. (d) 19 & 20 Vict. c. 108, s. 71. money in lieu of giving a bond, he must forthwith give notice to the opposite party, by post or otherwise, of such deposit having been made (e). 9. CONTINUANCE OF ACTION BY ASSIGNEES AND PERSONAL REPRESENTATIVES. In case of the Bankruptcy or Insolvency of the Plaintiff.]-The bankruptcy or insolvency of the plaintiff in any action in a County Court, which the assignees might maintain for the benefit of the creditors, does not cause the action to abate if the assignees elect to continue such action, and to give security for the costs thereof, within such reasonable time as the Judge shall order, but the hearing of the cause may be adjourned until such election is made; and in case the assignees do not elect to continue the action, and to give such security within the time limited by the order, the defendant may avail himself of the bankruptcy or insolvency as a defence to the action (ƒ). Death of one or more of several Plaintiffs or Defendants before Judgment.]—Where one or more of several plaintiffs or defendants die before judgment, the suit does not abate, if the cause of action survives to or against the surviving parties respectively (g). 10. REFERENCE TO ARBITRATION. "The Judge may in any case, with the consent of both parties to the suit, order the same, with or without other matters within the jurisdiction of the Court in dispute between such parties, to be referred to arbitration, to such person or persons, and in such manner, and on such terms as he shall think reasonable and just; and such reference shall not be revocable by either party, except by consent of the Judge; (e) Rules of Practice, r. 137. As to the death of parties after judgment, see post, Chapter IX. and the award of the arbitrator or arbitrators or umpire shall be entered as the judgment in the cause, and shall be as binding and effectual to all intents as if given by the Judge; provided that the Judge may, if he think fit, on application to him at the first Court held after the expiration of one week after the entry of such award, set aside any such award so given as aforesaid, or may, with the consent of both parties aforesaid, revoke the reference, or order another reference to be made in the manner aforesaid" (h). By the new Rules of Practice where a plaint is entered, the Judge may, with the consent of the parties, as well in cases within the ordinary jurisdiction of the Court as in cases of agreement under sect. 23 of the new act (i), make an order for a reference under the provisions of the above section, before, upon, or after the return day of the summons; and all the provisions in the last-mentioned act contained as to references shall apply to a reference proceeding under such an order; provided that the same fees shall be paid as would have been payable on the hearing of the cause (k). Although the case may at any stage be referred to arbitration, yet, as it can only be done by the Judge, and the return day of the summons is generally the first day on which the case can be brought before him, or on which he can be applied for to make the order, it is seldom that the power of making it before the return day can be made use of. 11. AGREEMENT THAT THE DECISION OF THE JUDGE SHALL BE FINAL. The plaintiff and defendant may agree to be bound by the decision of the County Court Judge, for the new statute provides that "no appeal shall lie from the decision of a County Court, if before such decision is pronounced both parties shall agree, in writing signed by themselves, or their attornies or agents, that the decision of the Judge shall be final, and no such agreement shall require a stamp" (7). (h) 9 & 10 Vict. c. 95, s. 77. (i) See ante, p. 9. (k) Rules of Practice, r. 175. |