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Analysis of the New County Court Act.
favor of clerks acting in county courts before the 9 & 10 Vic. c. 95.
The high bailiffs are also to be paid by salaries to be fixed and regulated from time to time by the Commissioners of Her Majesty's Treasury, with the consent of the Lord Chancellor, and, in addition, to receive for their own use the fees appointed for keeping possession of goods under executions, and such salaries shall 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 (s. 83).
The salaries of the registrars and high bailiffs are to be paid out of the produce of the fees payable under the provisions of this act; and whenever the amount of such fees shall not be sufficient to pay such salaries the deficiency shall be made good out of any moneys to be provided by Parliament for that purpose (s. 84).
II. JURISDICTION OF THE COUNTY COURTS IN AC
Bills of Exchange and Promissory Notes.-The 18 & 19 Vic. c. 67, which gave a remedy on dishonoured bills of exchange and promissory notes was not limited to the sum of £20, and consequently proceedings might have been taken in the superior courts, and costs recovered, notwithstanding the previous enactments in the several county court acts; but now, by the fourth section of the present statute, those enactments apply to any debt not exceeding £20, although the same be secured or claimed upon a bill of exchange or promissory note.
As to defendants residing out of the jurisdiction.— The registrar may issue a summons against any defendant residing out of the jurisdiction of the court, upon the application of any plaintiff who will depose that his cause of action has arisen within the jurisdiction of such court (s. 15).
Under this provision the difficulty may probably be removed which was suggested as to the 30th section, which provides that no costs shall be allowed on a judgment by default in the superior court not exceeding £20. It was supposed that great hardship would be inflicted if plaintiffs were compelled to resort to the county court of the defendant's district. Wholesale dealers supplying goods to retail tradesmen in various parts of the country would have greatly suffered if obliged to appear with their witnesses in several distant county courts; but the goods being ordered and sent from the plaintiff's place of business, he will be able to depose that the cause of action arose within the district of the court in which he resides.
The 17th section provides that a summons may be served, or a warrant executed, within 500 yards of the boundary of the district, or by order of the judge within the district of any other county court.
Where a plaintiff shall dwell or carry on his business in any of the districts of the courts of the metropolis, the summons may issue and be served either in the district of the plaintiff or of the defendant (s. 18).
Change of venue. If a judge of a county court
shall be satisfied by either party to a cause that such cause can be more conveniently or fairly tried in some other county court, he shall order that the venue be changed, and that the cause be sent for hearing to such other county court, or, if the judge shall be interested in the matter of any cause pending in his court, he shall order that the venue be changed, and that the cause be sent for hearing to some convenient county court of which he is not the judge; and the registrar shall transmit by post to the registrar of the court to which the cause is to be sent a certified copy of the plaint (s. 22).
Where in any action of contract in a superior court the claim does not exceed £50, or where such claim, though it originally exceeded £50, is reduced by payment into court, payment, an admitted set-off, or otherwise, to a sum not exceeding £50, a judge of a superior court, on the application of either party, after issue joined, may, in his discretion, and on such terms as he shall think fit, order that the cause be tried in any county court which he shall name, and thereupon the plaintiff shall lodge with the registrar of such court such order and the issue; and after hearing, the registrar shall certify the result to the master's office of such superior court, and judgment in accordance with such certificate may be signed in such superior court (s. 26).
Set-off-Where in an action the debt or demand claimed consists of a balance not exceeding £50, after an admitted set-off, claimed or recoverable by the defendant from the plaintiff, the court has jurisdiction to try the action (s. 24).
Trials by consent.-All actions (except for crim. con.), if both parties agree, by a memorandum signed by them or their attorneys, may be tried in any county court (s. 23).
So in an action in which the title to any corporeal or incorporeal hereditament, or any toll, fair, market, or franchise shall incidentally come in question, the judge shall have power to decide the claim which it is the immediate object of the act to enforce, if both parties consent in writing; but the judgment shall not be evidence of title in any other action, nor affect the right of appeal (s. 25).
Limitation of the jurisdiction. The county courts shall not have jurisdiction to try any action for criminal conversation (s. 23).
No action shall be brought in a county court on any judgment of a superior court (s. 27).
Actions by or against judges or officers.—A judge proposing to sue any person dwelling or carrying on business in any district of which he is the judge may bring his action in the county court of any adjoining district of which he is not the judge; and any person proposing to sue a judge may bring his action in any county court of a district adjoining the district of which the defendant is judge (s. 19).
If an action be brought by an officer in the court of which he is an officer, except in case of the registrar suing as official assignee, the judge shall, at the request of the defendant, order that the venue be changed, and that the cause be sent for hearing to the court of some convenient district of which he is not the judge; and the registrar shall forthwith transmit by post a certified copy of the plaint (s. 20). If an action be brought against an officer of a county court, the summons may issue in the district of which he is an officer, or in any adjoining district the judge of which is not the judge of a court of which the defendant is an officer (s. 21).
Analysis of the New County Court Act.
III. PRACTICE OF THE COURTS. Notice of defence.-In any action in a county court for a debt or liquidated money demand exceeding £20, the plaintiff may, at his option, cause to be issued either a summons in the ordinary form, or a summons in the form given in schedule (B.); provided that such summons be personally served on the defendant twelve clear days before the return day, and then if the defendant shall not at least six clear days before such return day give notice in writing, signed by himself, his attorney or agent, to the registrar, of his intention to defend, the plaintiff may, on or within one month after such return day, without giving any proof of his claim, have judgment entered up against the defendant for the amount of his claim and costs, such costs to be taxed by the registrar; and the order upon such judgment shall be for payment forthwith, or at such time or times, and by such instalments, if any, as the plaintiff or his attorney or agent shall in writing have consented to take at the time of the entry of the plaint (s. 28). If the defendant shall give such notice, the action shall be heard in the ordinary course; but in any event the registrar shall, immediately after the last day for giving such notice, send a letter to the plaintiff by post, stating whether the defendant has or has not been served with such summons, and whether he has or has not given notice of his intention to defend (s. 29).
These are important improvements in cases above £20. It is submitted that the practice, or something to the like effect, should have been extended to all cases, however small, in order to prevent the unnecessary attendance of the plaintiff and his witnesses. In the superior courts, final judgment is obtained by default if the defendant does not appear and plead. Amendments.-The judge may at all times amend defects and errors in any proceeding, whether there is anything in writing to amend by or not, and whether the defect or error be that of the party applying to amend or not; and all such amendments may be made with or without costs, and upon such terms as to the judge may seem fit; and all such amendments as may be necessary for the purpose of determining in the existing suit the real question in controversy between the parties, shall be so made if duly applied for (s. 57).
Payment of debt by instalments.-Where judgment has been obtained in a county court for a sum not exceeding £20, exclusive of costs, the judge may order such sum and the costs to be paid at such time or times, and by such instalments, if any, as he shall think fit, and all such monies shall be paid into court; but in all other cases he shall order the full amount for which judgment has been obtained to be paid either forthwith, or within fourteen clear days from the date of the judgment, unless the plaintiff or his counsel, attorney, or agent, will consent that the same shall be paid by instalments, in which case the judge shall order the same to be paid at such time or times, and by such instalments, if any, as shall be consented to, and all such monies, whether payable in one sum or by instalments, shall be paid into court (s. 45).
Attendance of witnesses. The judge upon application on affidavit by either party, may issue an order for bringing up any prisoner confined in any gaol under any sentence or under commitment for trial or otherwise except under process in any civil action, suit, or proceeding, to be
examined as a witness in any cause or matter depending, or to be inquired of or determined in or before such court: provided that the person having the custody of such prisoner shall not be bound to obey such order, unless a tender be made to him of a reasonable sum for the conveyance and maintenance of a proper officer, and of the prisoner in going to, remaining at, and returning from such county court (s. 31),
The bankruptcy or insolvency of plaintiff, in any action in a county court, which the assignees might maintain for the benefit of the creditors, shall not cause the action to abate if the assignees shall 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 (s. 62).
Priority of executions.-The precise time when any application shall be made to a registrar to issue a warrant against the goods of a party shall be entered by him in the execution book and on the warrant; and when more than one such warrant shall be delivered to the high bailiff to be executed he shall execute them in the order of the times so entered (s. 46).
When a writ against the goods of a party has issued from a superior court, and a warrant against the goods of the same party has issued from a county court, the right to the goods seized shall be determined by the priority of the time of the delivery of the writ to the sheriff to be executed, or of the application to the registrar for the issue of the warrant to be executed; and the sheriff, on demand, shall, by writing signed by any clerk in the office of the under sheriff, inform the high bailiff of the precise demand, shall show his warrant to any sheriff's officer, time of such delivery of the writ, and the bailiff, on and such writing purporting to be so signed and the endorsement on the warrant, shall respectively be sufficient justification to any high bailiff or sheriff acting thereon (s. 47).
Every warrant of commitment which shall issue from a county court shall, on whatever day it may be issued, bear date on the day on which the order for commitment was made, and shall continue in force for one year from such date and no longer, but no order for commitment shall be drawn up or served (s. 59).
No officer of a county court in executing any warrant and no person at whose instance any such warrant shall be executed, shall be deemed a trespasser by reason of any irregularity or informality in any proceeding on the validity of which such warrant depends, or in the form of such warrant, or in the mode of executing it, but the party aggrieved may bring an action for any special damage which he may have sustained by reason of such irregularity or informality against the party guilty thereof, and in such action he shall recover no costs, unless the damages awarded shall exceed 40s. (s. 60.)
Any judgment summons issued out of a county court under 9 & 10 Vict. c. 95. s. 98, or under this act, or any warrant of commitment in respect of an unsatisfied judgment or order of a county court, may be in the form in Schedule (B.) to this act; and all such summonsés or warrants shall be deemed suffi
Analysis of the New County Court Act.
cient to justify proceeding under them without any further statement of facts to show jurisdiction (s. 61). Appeal.-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 attorneys or agents, that the decision of the judge shall be final, and no such agreement shall require a stamp (s. 69).
Enforcing judgments out of jurisdiction.-A judgment summons authorised by the 9 & 10 Vict. c. 95, s. 98, may, by leave of the judge, be obtained from the court in which judgment was obtained, although the judgment debtor shall not then dwell o carry on business within the district of such court, if the judge shall think fit to grant such leave (s. 48).
If a judge of a superior court shall be satisfied that a party against whom judgment for an amount exceeding £20, exclusive of costs, has been obtained in a county court, has no goods or chattels which can be conveniently taken to satisfy such judgment, he may, if he shall think fit, and on such terms as to costs as he may direct, order a writ of certiorari to issue to remove the judgment of the county court into one of the superior courts, and when removed it shall have the same force and effect, and the same proceedings may be had thereon, as in the case of a judgment of such superior conrt; but no action shall be brought upon such judgment (s. 49).
Rules and orders of practice.-The Lord Chancellor may appoint five county court judges to frame rules dnd orders for regulating the practice of the courts, and forms of proceedings therein; and such rules, orders, and forms, or amended rules, orders, and forms, certified under the hands of such judges or any three or more of them, shall be submitted to the Lord Chancellor, who may allow or disallow or alter the same (s. 32).
IV. JURISDICTION OF THE SUPERIOR COURTS BY CERTIORARI, PROHIBITION, AND MANDAMUS.
Any action commenced in a county court for a claim not exceeding £5 may be removed by writ of certiorari into a superior court, if such superior court or a judge of a superior court shall deem it desirable that the cause shall be tried in such superior
And if the party applying for such writ shall give security, to be approved by one of the masters of such superior court, for the amount of the claim, and the costs of the trial, not exceeding in all £100, and shall further assent to such terms, if any, as the superior court or judge shall think fit to impose (s. 38).
If in any action of contract the plaintiff shall claim a sum exceeding £20, or if in any action of tort the plaintiff shall claim a sum exceeding £5, and the defendant shall give notice that he objects to the action being tried in the county court, and shall give security, to be approved of by the registrar, for the amount claimed, and the costs of trial in one of the superior courts of common law, not exceeding in the whole the sum of £150, all proceedings in the county court in any such action shall be stayed; and the entry of the plaint in such action shall be a sufficient commencement of the suit to prevent the operation
of any statute of limitation applicable to such claim : provided that nothing herein contained shall prevent the removal of any cause from a county court by writ of certiorari in the cases and subject to the
conditions in and subject to which such cause may now be removed (s. 39).*
The granting by any of the superior courts or by any judge thereof of a rule or summons to show cause why a writ of certiorari or prohibition should not issue to a county court, shall, if the superior court or a judge thereof so direct, operate as a stay of proceedings in the cause to which the same shall relate until the determination of such rule or summons, or until such superior court or judge shall otherwise order; and the judge of the county court shall from time to time adjourn the hearing of such cause to such day as he shall think fit until such determination or until such order be made; but if a copy of such rule or summons shall not be served by the party who obtained it on the opposite party and on the registrar of the county court two clear days before the day fixed for the hearing of the cause, the judge of the county court may, in his discretion, order the party who obtained the rule or summons to pay the costs of the day, or so much thereof as he shall think fit, unless the superior court or a judge thereof shall have made some order respecting such costs (s. 40).
Where a writ of certiorari or of prohibition addressed to the judge of a county court shall have been granted by a superior court, or a judge thereof, on an exparte application, and the party who obtained it shall not lodge it with the registrar, and give notice to the opposite party that it has issued, two clear days before the day fixed for hearing the cause to which it shall relate, the judge of the county court may, in his discretion, order the party who obtained the writ to pay all the costs of the day, or so much thereof as he shall think fit, unless the superior court or a judge thereof shall have made some order respecting such costs (s. 41).
When an application shall be made to a superior court or a judge thereof for a writ of prohibition to be addressed to a judge of a county court, the matter shall finally be disposed of by the rule or order, and no declaration or further proceedings in prohibition shall be allowed (s. 42).
No writ of mandamus shall henceforth 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 (s. 43).
When any superior court or a judge thereof shall
* Certiorari to remove into superior courts claims in the county court under the 9 & 10 Vict. c. 95, s. 90, may issue, where the debt or damage claimed shall exceed £5, by leave of a judge of one of the superior courts upon such terms as to payment of costs, giving security for debt or costs or such other terms as he shall think fit. The usual gronnd is that difficult questions of law will arise. And also in (s. 121) any action of replevin, in which the title to any corporeal or incorporeal hereditament, or to any toll, market, fair, or franchise, shall be in question, or where the rent is more than £20.
Analysis of the New County Court Act.
have refused to grant a writ of certiorari or of prohibition to be addressed to a judge, or such rule or order as in the last preceding section is specified, no other superior court or judge thereof shall grant such writ or rule or order; but nothing herein shall affect the right of appealing from the decision of the judge of the superior court to the court itself, or prevent a second application being made for such writ, or rule, or order to the same superior court or a judge thereof on grounds different from those on which the first application was founded (s. 44).
V. REPLEVIN AND ARREAR OF RENT. The powers and responsibilities of the sheriff with respect to replevin bonds and replevins are henceforth
And the registrar of the county court of the district in which any distress subject to replevin shall be taken shall be empowered, subject to the regulations hereinafter contained, to approve of replevin bonds, and to grant replevins, and to issue all necessary process in relation thereto, and such process shall be executed by the high bailiff (s. 63).
Such registrar shall, at the instance of the party whose goods shall have been distrained, cause the same to be replevied to such party, on his giving one or other of such securities as are mentioned in the next two succeeding sections (s. 64).
An action of replevin may be commenced in any superior court in the form applicable to personal actions therein, and such court shall have power to hear and determine the same.
And if the replevisor shall wish to commence proceedings in any superior court, he shall, at the time of replevying, give security, to be approved of by the registrar, for such an amount as such registrar shall deem sufficient to cover the alleged rent or damage in respect of which the distress shall have been made, and the probable costs of the cause in a superior court, conditioned to commence an action of replevin against the distrainor in such superior court as shall be named in the security, within one week from the date thereof, and to prosecute such action with effect and without delay, and unless judgment thereon be obtained by default, to prove before such superior court that he had good ground for believing either that the title to some corporeal or incorporeal hereditament, or to some toll, market, fair, or franchise was in question, or that such rent or damage exceeded £20, and to make return of the goods, if a return thereof shall be adjudged (s. 65).
If the replevisor shall wish to commence proceedings in a county court, he shall at the time of replevying give security, to be approved of by the registrar, for such an amount as such registrar shall deem sufficient to cover the alleged rent or damage in respect of which the distress shall have been made, and the probable costs of the cause in the county court, conditioned to commence an action of replevin against the distrainor in the county court of the district in which the distress shall have been taken, within one month from the date of the security, and to prosecute such action with effect and without delay, and to make a return of the goods, if a return thereof shall be adjudged (s. 66).
Any action of replevin brought in a county court shall be removed into any superior court by writ of certiorari, if the defendant shall apply to such superior court or to a judge there for such writ, and shall give security,
To be approved of by the master of such superior court, for such amount, not exceeding £150, as such master shall think fit, conditioned to defend such action with effect, and, unless the replevisor shall discontinue or shall not prosecute such action, or become nonsuit therein, to prove before such superior court that the defendant had good ground for believing, either that the title to some corporeal or incorporeal hereditament, or to some toll, market, fair, or franchise was in question, or that the rent or damage in respect of which the distress shall have been taken exceeded £20; and every such superior court shall have power to determine the same action (s. 67).
An appeal from the decision of a county court, on the same grounds and subject to the same conditions as are provided by the 13 & 14 Vict. c. 61, s. 14, shall be allowed in all actions of replevin where the amount of rent or damage exceeds £20, and in all actions for the recovery of tenements where the yearly rent or value of the premises exceeds £20, and in proceedings in interpleader where the money claimed or the value of the goods or chattels claimed, or of the proceeds thereof, exceeds £20, and in all actions where the parties agree that the court shall have jurisdiction (s. 68).
Interpleader. Where any claim shall be made under the 9 & 10 Vict. c. 95, s. 118, to or in respect of any goods taken in execution under the process of a county court—
The claimant may deposit with the bailiff either the amount of the value of the goods claimed, such value to be fixed by appraisement in case of dispute, to be by such bailiff paid into court, to abide the decision of the judge upon such claim, or the sum which the bailiff shall be allowed to charge as costs for keeping possession of such goods until such decision can be obtained, and in default of the claimant so doing, the bailiff shall sell such goods as if no such claim had been made, and shall pay into court the proceeds of such sale, to abide the decision of the judge (s. 72).
Arrear of rent.-The 8 Anne, c. 14, s. 1, shall not apply to goods taken in execution under the warrant of a county court.
But the landlord of any tenement in which any such goods shall be so taken may claim the rent thereof at any time within five clear days from the date of such taking, or before the removal of the goods, by delivering to the bailiff or officer making the levy any writing signed by himself or his agent, which shall state the amount of rent claimed to be in arrear, and the time for and in respect of which such rent is due; and if such claim be made, the bailiff or officer making the levy shall in addition thereto distrain for the rent so claimed and the costs of such distress, and shall not within five days next after such distress sell any part of the goods taken, unless they be of a perishable nature, or upon the request in writing of the party whose goods shall have been taken; and the bailiff shall afterwards sell such of the goods under the execution and distress as shall satisfy, first, the costs of and incident to the sale, next the claim of such landlord not exceeding the rent of four weeks where the tenement is let by the week, the rent of two terms of payment where the tenement is let for any other term less than a year, and the rent of one year in any other case, and lastly the amount for which the warrant issued; and if any replevin be made
Analysis of the New County Court Act.
of the goods so taken, the bailiff shall, notwithstanding, give possession of such premises to the plaintiff, and the time of the execution of such warrant hold the premises discharged of the tenancy, and the defendant, and all persons claiming by, through, or under him, shall, so long as the order of the court remains unreversed, be barred from all relief in equity or otherwise (s. 75).
VI. RECOVERING POSSESSION OF SMALL TENE
When the term and interest of the tenant of any corporeal hereditament, where neither the value of the premises nor the rent payable in respect thereof shall have exceeded £50 by the year, and upon which no fine or premium shall have been paid, shall have expired, or shall have been determined either by the landlord or the tenant by a legal notice to quit, and such tenant, or any person holding or claiming by, through, or under him, shall neglect or refuse to deliver up possession accordingly, the landlord may enter a plaint at his option, either against such tenant or against such person so neglecting or refusing, in the county court of the district in which the premises lie for the recovery of the same.
And thereupon a summons shall issue to such tenant or such person so neglecting or refusing; and if the defendant shall not, at the time ramed in the summons, show good cause to the contrary, then, on proof of his still neglecting or refusing to deliver up possession of the premises, and of the yearly value and rent of the premises, and of the holding, and of the expiration or other determination of the tenancy, with the time and manner thereof, and of the title of the plaintiff, if such title has accrued since the letting of the premises, and of the service of the summons if the defendant shall not appear thereto, the judge may order that possession of the premises mentioned in the plaint be given by the defendant to the plaintiff, either forthwith or on or before such day as the judge shall think fit to name; and if such order be not obeyed, the registrar, whether such order can be proved to have been served or not, shall at the instance of the plaintiff issue a warrant authorising and requiring the high bailiff of the court to give possession of such premises to the plaintiff (s. 50).
Rent and mesne profits.-In any such plaint against a tenant as in the last preceding section is specified the plaintiff may add a claim for rent or mesne profits, or both, down to the day appointed for the hearing, or to any preceding day named in the plaint, so as the same shall not exceed £50, and any misdescription in the nature of such claim may be amended at the trial (s. 51).
When the rent of any corporeal hereditament, where neither the value of the premises nor the rent payable thereof exceeds £50 by the year, shall for one half year be in arrear, and the landlord shall have right by law to re-enter for the non-payment thereof, he may, without any formal demand or reentry, enter a plaint in the county court of the district in which the premises lie for the recovery of the premises, and thereupon a summons shall issue to the tenant, the service whereof shall stand in lieu of a demand and re-entry; and if the tenant shall five clear days before the return day of such summons pay into court all the rent in arrear, and the costs, the said action shall cease, but if he shall not
make such payment, and shall not at the time named in the summons show good cause why the premises should not be recovered, then, on proof of the yearly value and rent of the premises, and of the fact that one half year's rent was in arrear before the plaint was entered, and that no sufficient distress was then to be found on the premises to countervail such arrear, and of the landlord's power to re-enter, and of the rent being still in arrear, and of the title of the plaintiff if such title has accrued since the letting of the premises, and of the service of the summons if the defendant shall not appear thereto, the judge may order that possession of the premises mentioned in the plaint be given by the defendant to the plaintiff on or before such day, not being less than four weeks from the day of hearing, as the judge shall think fit to name, unless within that period all the rent in arrear and the costs be paid into court: and if such order be not obeyed, and such rent and costs be not so paid, the registrar shall, whether such order can be proved to have been served or not, at the instance of the plaintiff, issue a warrant authorising and requiring the high bailiff of the court to give possession of such premises to the plaintiff (s. 52).
Where any summons for the recovery of a tenement as is herein before specified shall be served on or come to the knowledge of any sub-tenant of the plaintiff's immediate tenant, such sub-tenant being an occupier of the whole or of a part of the premises sought to be recovered, he shall forthwith give notice thereof to his immediate landlord under penalty of forfeiting three years' rackrent of the premises held by such sub-tenant to such landlord, to be recovered by such landlord by action in the court from which summons shall have issued, and such landlord, on the receipt of such notice, if not originally a defendant, may be added or substituted as a defendant to defend possession of the premises in question (s. 53).
A summons for the recovery of a tenement may be served like other summonses to appear to plaints in county courts; and if the defendant cannot be found, and his place of dwelling shall either not be known or admission thereto cannot be obtained for serving any such summons, a copy of the summons shall be posted on some conspicuous part of the premises sought to be recovered, and such posting shall be deemed good service on the defendant (s. 54).
Any warrant to a high bailiff to give possession of a tenement shall justify the bailiff named therein in entering upon the premises named therein, with such assistants as he shall deem necessary, and in giving possession accordingly; but no entry upon any such warrant shall be made except between the hours of nine in the morning and four in the afternoon (s. 55).
Every such warrant shall, on whatever day it may be issued, bear date on the day next after the last day named by the judge in his order for the delivery of possession of the premises in question, and shall continue in force for three months from such date and no longer, but no order for delivery of possession need be drawn up or served (s. 56).
VII. FEES AND COSTS.
The fees payable on the proceedings in the county courts mentioned in schedule C.* to this act shall be those therein specified; and such fees shall, except in interpleaders, or where such fees shall be payable in respect of keeping possession, appraising, or sell
* See p. 299, ante.