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This is perhaps, too, the proper place to mention, that suits arising out of partnership accounts, and for small legacies, of which the superior courts cannot take cognizance, and which have hitherto formed the subject of bills in Chancery, may be brought in the county courts. Proceedings for either of these purposes, or under the Friendly Societies Act, are commenced by a plaint, tried, and the judgment executed in the same way as in ordinary causes. Facilities also have been given for the suing by and of executors and administrators. Formerly, if the debt of a deceased were sued for by the creditor, he in all probability found himself in the middle of a Chancery suit for the administration of the deceased's estate, with the chance of having to pay the amount of the debt, he had unfortunately sued for, two or three times over. Very ample provisions have been made to punish executors improperly defending suits or improperly suing, by making them personally liable in costs.

In giving judgment, the judge has not only a discretionary power in awarding the costs, but he may make the debt payable by instalments. The latter provision has formed the subject of much discussion, some persons alleging that it is alike equitable and necessary to prevent the poor man from being at once crushed by his creditor, others averring that it is destructive of the system of credit, on which all business is transacted in England, and without which business cannot be done. Into the merits of this question it would be quite out of place to enter here.

The judgment is in general enforced by execution against the goods of the defendant. These goods are taken by the high bailiff under warrant from the court, impounded, and afterwards sold, if necessary. It is in the event of a third party coming in and making a claim to the goods so taken in execution, that the clerk of court issues an interpleader summons to the claimant and to the execution creditor. In this summons the claimant is made plaintiff, and on him lies the burden of proving his right to the goods: the execution creditor is the defendant. The cause is tried like other causes in court, only the judgment is final. If it be for the claimant-plaintiff, the bailiff retires-if for the execution creditor, the goods are sold in satisfaction of the debt and costs incurred.

Should the defendant have no goods, or even if the creditor think it a more ready means of recovering his debt, the plaintiff may apply for a judgment summons against him, with a view to his committal to prison. Should the judge be satisfied that he has or can procure the means of payment, or that he has had means to do so, and has perversely delayed or refused to satisfy the creditor, or should the original cause of action have arisen from some misconduct of the plaintiff, and he delays satisfying the creditor, he may be committed for a period not exceeding forty days. similar application for a committal may be made on failure of payment of any instalment, by which the debt or damage for which judgment has been given may have been ordered to be paid. Imprisonment does not operate as a satisfaction of the debt-it operates as a punishment only for the misconduct of the debtor.

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It is proposed to register judgments of the county courts, so as to make them charges on the estates of debtors, in the same way as judgments of the superior courts; and arrangements are to be made, it is said, for carrying into effect this intention.

Such is the jurisdiction of the county courts for the recovery of debts and demands. It only remains to be observed, that the superior courts have not been ousted of their jurisdiction; that of the county courts has not been made exclusive, as was recommended in the Report on Inferior Tribunals. The only provision by which it is made quasi-exclusive is one which deprives a plaintiff in the superior courts who recovers less than 207. of his costs of suit, unless the judge who tries the cause shall certify that it was a proper case to be tried in the superior courts. In suits for sums above 201. the superior courts have concurrent jurisdiction as before.

One part of the procedure of the superior courts, the carrying out of which causes great and often unnecessary expense, is the necessity of reviving suits on the death of a party, or of any one of several parties, or of making other persons parties to the suit by the process called scire facias, in which all the proceedings are set out at length, and the suit almost recommenced afresh. In the county courts executors or administrators of a deceased party may sue or be sued on the judgment, in the same way as the deceased; on the death of one of several parties entitled to sue or liable to an action, the suit goes on at the instance of or against the survivor, if the cause of action survive, or if the survivor be liable; a husband may carry out judgments in favour of his wife; assignees may continue the suit of the bankrupt or insolvent. Generally, actions on judgments in such cases, instead of being by sci. fa., are by plaint and summons, like other ordinary causes in the courts.

The second branch of the jurisdiction of the county courts is that in replevin. Replevin is a redelivery by the sheriff to the owner of his goods, when they have been distrained, upon his becoming bound to sue the distrainer, and having thus tried his title to distrain, if the latter be successful, to return the goods; and it has long been the mode in which the legality of distresses for rent, tolls, &c., has been tried. The county courts have jurisdiction in distresses made within their district for rent in arrear, no matter to what amount, and of cattle taken trespassing and impounded, as it is called damage fesant. If either party to the suit declare title to be in question (and it is often raised in these suits), or that the rent distrained for exceeds 201., and becomes bound with two sureties in such sum as the judge of the county court shall appoint, the action may be removed to the superior court and there tried in the usual way. If not thus removed by writ of certiorari, a plaint issues, the plaintiff describing the goods or the cattle taken in his statement of particulars in the ordinary form, and the cause is tried by the judge, or with the assistance of a jury, as in other cases; but special provisions have been made relative to the judgments in this action, affording facilities and inducements even to the suitor to try the cause in the county courts.

The third branch of the county court jurisdiction is that by which landlords recover possession of their premises, when the lease of the tenant has expired or been determined. The action is local. The property to be recovered must be within the district of the court, and it can only be brought when the relation, strictly speaking, of landlord and tenant exists. If a fine has been paid on the lease, or if title come in question, the jurisdiction of the county court is ousted. The plaint is entered in the ordinary way, and the summons is served personally, or upon the persons residing in the premises, or posted up on the premises themselves, if there be no person who can be served. The cause is tried like other ordinary suits, either by the judge alone or with a jury. The landlordplaintiff must prove his right to the possession, the defendant the contrary if he can. If he fail to do so or does not appear, a warrant issues to the high bailiff to give possession, not less than seven, and within ten days from the date of it. The officers are specially protected from actions for any irregularity; and the tenant can only stay the operation of the warrant, by becoming bound with two sureties to prosecute an action against the plaintiff, and in this way try his right. The sum in the bond is fixed by the county court judge, and execution of the warrant stayed till after the verdict. Magistrates possess somewhat similar powers to those of the county court judges where the rent of the premises does not exceed 201. annually.

It only remains to state that England and Wales (exclusive of London) are divided into sixty districts, which may be enlarged or diminished by the Queen in Council, and the courts are held at all the most important towns in each district, once in every calendar month.

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The judges must be barristers of seven years' standing, and are prohibited from practising in their districts. They are also incapable of sitting in parliament. They may appoint a deputy for two months in the year, who must be a barrister of three years' standing. The judges have now 1,000l. a-year, but an increase is anticipated as their duties are extended. The clerks are attorneys, and are paid 6007. a-year, or by fees. The high bailiffs are paid by fees. The property of the court is vested in a treasurer, who audits the books of the clerks, receives the fees, and pays the amount to the Treasury. The most ample and most careful regulations have been made for keeping these books, and for the paying into court and paying out to the suitors, the sums recovered under executions. None of the officers may fill two offices, or be in partnership with an attorney practising in the county court. They find security, and are protected in the execution of the process of the court, but are at the same time subjected to stringent regulations, involving penalties, for any contravention of the law and rules laid down regarding their respective duties. Nearly everything that can be done in this way has been done to protect the interests of the suitors. The county courts are made courts of record, the proceedings in them prove themselves, and the judges have ample powers to punish contempts. Affidavits to be used in suits may

be sworn before the judges, or before masters in Chancery, commissioners for taking affidavits for the courts at Westminster, or magistrates of counties or boroughs. The removal of causes in the cases contemplated by the statutes is facilitated by allowing writs of certiorari to be issued at all times of the year by a judge sitting in chambers. Very few judgments have been appealed from; but what perhaps is of the greatest consequence to the suitor, the fees of the different proceedings in these courts are regulated by the Treasury, and are upon the lowest scale possible; so low a scale indeed that a trial may be had and 501. recovered for something considerably under 51.

Of the causes in which plaints are entered, a considerable number never go to trial, the debtor on the service of the process generally arranging the matter with his creditor, and thus avoiding even the trifling costs which a formal hearing would involve. Of the proportion of the causes entered and tried on which judgments are taken, and which, before the establishment of the county courts, never would have been begun, a creditor preferring the sacrifice of a just claim to the delay and risk of a suit, it would be extremely difficult to give the reader any adequate idea. The number of suits brought in the county courts is increasing. A table of those brought in the year 1848 will be found at p. 181 of the Companion' for 1850.

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V.

RAILWAYS OF THE UNITED KINGDOM.

THE railway system has exhibited many interesting features since the date of our last publication, under all the aspects which are usually taken into consideration in this work. The Great Exhibition has influenced the proceedings of the various Companies in many different ways; besides the natural development of railway enterprise under the ordinary commercial stimulus.

RAILWAY LEGISLATION OF 1851.

The year 1851, like the two or three preceding years, has produced a moderate amount of legislation concerning railways. This moderation must, however, be taken relatively to the almost incredible railway legislation of 1845-6 and 7. In 1848 the number of Railway Acts was 83; this fell to 35 in the year 1849 and 36 in 1850. In 1851 the numbers showed a rising tendency again, being 59. The following will give a brief outline of the objects of the several Railway Acts of this year :

1. Swansea and Loughor Railway and Steam Coal Company; amendment of Act, and extension of time.

2. Great Western Railway; arrangements for purchasing or leasing the Wilts, Somerset, and Weymouth, the Gloucester and Dean Forest, and the South Wales Railways.

3. Dublin, Dundrum, and Rathfarnham Railway; branch to Bray; extension of time, and various amendments to former Acts.

4. London and North Western Railway; new branch from Salford across the Irwell into Manchester.

5. South Staffordshire Railway; new branch, and leasing arrangements with the London and North Western Company.

6. North and South Western Junction Railway; new branch from Willesden on the London and North Western Railway, to Brentford on the loop line" of the South Western Railway, supported by both Companies.

7. Caledonian Railway; arrangements with creditors and guaranteed shareholders.

8. York, Newcastle, and Berwick Railway; various arrangements in respect to minor lines leased by the Company.

9. Waterford and Tramore Railway; new line.

10. Waterford and Limerick Railway; deviations and amendments. 11. East Anglian Railway; amendment of Acts.

12. Killarney Junction Railway; amendment of Acts.

13. Ulverstone and Lancaster Railway; new line from the Furness Railway at Ulverstone to the Lancaster and Carlisle Railway at Carnforth.

14. Midland Railway; new arrangements concerning capital. 15. Taw Vale Extension Railway; deviations and amendments. 16. Waterford, Wexford, Wicklow, and Dublin Railway; various amendments and modifications.

17. Stockton and Darlington Railway; increase of capital.

18. Chester and Holyhead Railway; branch from Bangor to Caer

narvon.

19. London and Blackwall Railway; new powers in respect to widening the line, and making branches and stations.

20. London and Blackwall Railway; branch to Haydon Square; and various amendments.

21. Oxford and Birmingham; station and works at Birmingham. 22. Halesworth, Beccles, and Haddiscoe Railway; new line.

23. South Wales Railway; branches, deviations, and amendments. 24. Scottish Central Railway; increase of capital.

25. Bolton, Blackburn, Clitheroe, and West Yorkshire Railway; various minor amendments.

26. Edinburgh, Perth, and Dundee Railway; branch from Leuchars to St. Andrew's.

27. Bristol and Exeter Railway; arrangements concerning capital. 28. Eastern Union Railway; traffic arrangements with other Companies.

29. Hereford and Gloucester Railway; new line.

30. South Devon Railway; arrangements concerning capital.

31. Mayfield Railway; new line from Mayfield, in Sussex, to the Tonbridge and Hastings Railway.

32. North British Railway; station enlargement at Edinburgh; and two short branches.

33. Edinburgh, Perth, and Dundee Railway; consolidation of Acts, and increase of powers.

34. Dundee and Arbroath Railway; enlargement of Dundee station, and various amendments.

35. Killarney and Valencia Railway; deviation; extension of time; and increase of powers.

36. Great Northern Railway; enlargement of stations; increase of capital; and extension of powers.

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