property since or within two months before the date of any unsatisfied judgment or order for payment of money obtained against him.

Section 24 enacts that warrants of attorney in any personal action, or cognovits, and orders of judgment, shall not be of any force unless executed in the presence of an attorney, who shall subscribe his name as witness to the due execution of the same.

Another act on the amendment of the Debtor Laws may be properly noticed in the present section. By the 32 & 33 V. c. 46, the distinction that existed as to priority of payment between specialty and simple contract debts of deceased persons is abolished. After January 1st, 1870, all specialty and simple contract debts are to stand in equal degree as to the payment of the debts of the deceased. The 33 & 34 V. c. 76, makes further provision for the arrest of absconding debtors.

II. COUNTY COURTS.

The ancient constitution of these courts has been adverted to (p. 41), and the dilatory and expensive nature of their proceedings. In 1846 county courts were made prompt and efficient for the recovery of debts and demands, by the 9 & 10 V. c. 95, amended by subsequent acts. Prior to the act of 1846 there were few courts of inferior jurisdiction in which debts above forty shillings could be recovered. The local courts that did exist in a few cities and towns, having proved serviceable both to plaintiff and defendant from the inexpensiveness of their proceedings, efforts have been made to extend the principle of them by the establishment of the County Courts. The leading provisions of the 9 & 10 V. c. 95, will be briefly recapitulated, with the amendments introduced by 19 & 20 V. c. 108, and later statutes.

By 9 & 10 V. c. 95, the lord chancellor appoints the judges of the courts, each of whom is to be a barrister of seven years' standing. Judges removable by lord chancellor for inability, or their districts may be changed. Judges may continue to act as justices, if in the commission of the peace. Officers of the court not to act as attorney or agent in the same court. A court to be held within the district once at least in every calendar month; notice of the days on which held to be given in a conspicuous part of the court. Clerk of the court to receive plaints and issue summonses, and no misnomer or inaccurate description of any person or place to vitiate the same, so that person or place be described as correctly known. Matters of fact and law determined solely by the judge. If debt exceed £5, a jury may be demanded by either plaintiff or defendant, or if it does not exceed £5, the judge may grant a jury trial. Under the order of the judge, and with consent of both parties, the issue may be settled by arbitration. If plaintiff does not appear, cause struck out; or if defendant is absent, cause to pro

ceed as if present. Defendant may pay money into court, notice being given to plaintiff. The parties to the suit, their wives, or others may be examined. Penalty not exceeding £10 on any witness failing to attend where expenses have been tendered agreeably to the rules of the court. Judgment final, unless debt exceed £5, and then only removable with the consent of a judge of the superior court. Execution may be awarded against goods. Wearing apparel, bedding, and implements of trade to the value of £5, cannot be taken in execution. Imprisonment not to operate as an extinguishment of the debt. Pending execution, landlords may claim arrears of rent not exceeding four weeks, if tenure be weekly, or two terms if tenure be under a year, but not exceeding one year's rent in any case. Payment of debt and costs to supersede execution, or debtor be discharged from custody. Possession of small tenements held over, and where the rent does not exceed £50 a year, may be recovered in the county courts.

The power of imprisonment under this act is limited by the 22 & 23 V. c. 57. If a party summoned under 9 & 10 V. c. 95, s. 98, shall not attend, or allege a sufficient excuse, the judge shall not order that such party be committed to prison, unless it appear that the party, if a defendant, in incurring the debt or liability for which judgment has been obtained, has obtained credit from the plaintiff under false pre'ences, or by means of fraud or breach of trust, or has wilfully contracted such debt or liability without having had at the time a reasonable expectation of being able to pay the same, or shall have made any gift, transfer of property, or have charged, removed, or concealed the same with intent to defraud his creditors, or has then, or has had since the judgment obtained against him, sufficient means to pay the debt or damages or costs so recovered against him, either altogether or by any instalment which the court, in which the judgment was obtained, shall have ordered, and shall have refused or neglected to pay the

same.

By the act of 1850, the 13 & 14 V. c. 61, the jurisdiction of county courts is extended from £20 to the recovery of any debt, damage, or demand not exceeding the sum of £50.

In respect of actions in the superior courts for demands within the jurisdiction of the county court, it is enacted, that plaintiffs recovering in the superior courts sums not exceeding £20 in actions of contract, or £5 in actions of tort, shall have no costs. But judges on the trial may certify to entitle plaintiff to his costs, or the court or a judge at chambers may make an order that plaintiff have costs. The practical effect of these clauses is to give a concurrent jurisdiction above £20 to the superior courts in actions of contract, and above £5 in actions of ex delicto.

By s. 17, it is enacted that if both parties shall agree, by a memorandum signed by them or their attorneys, the county court may try actions above £50; or any action in which the title to land,

whether of freehold, copyhold, or leasehold, or other tenure, or any tithe, toll, market, fair, or other franchise shall be in question.

By the 19 & 20 V. c. 108, the County Court Acts were amended, except the provisions relating to framing a scale of costs, and making rules and order of practice. By s. 6, a deputy judge must be a barrister of seven years' standing, or be a judge of a county court. The clerk of the county court in future to be called the "registrar," and the registrar to be limited to one court. Power given to registrar same as judge, on application of plaintiff, to issue summons against defendant, residing out of jurisdiction of court, if cause of action has arisen within its jurisdiction. Summons may be served or warrant executed within 500 yards of the boundary of the district of the court. A judge may sue or be sued in any district adjoining that of which he is judge; or if any officer of the court be plaintiff in his own court, defendant may remove cause to an adjoining district. Power given to the judge to change the venue, if either party to a cause think it may be more fairly tried in some other county court, ss. 7-22.

By s. 23, county courts not to have jurisdiction in any action for criminal conversation; but with respect to all other actions, which may be brought in any superior court of common law, if both parties agree, by a memorandum signed by them or their respective attorneys, that any county court named in such memorandum shall have power to try such action, such county court shall have jurisdiction to try the same.

By s. 24, where in any action the debt or demand claimed consists of a balance not exceeding £50, after an admitted set-off, the court may try the action. Where title shall come in question, the court, with consent of the parties in writing, may decide the claim. Where, in an action brought in a superior court, the claim endorsed on the writ 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, and on such terms as he shall think fit, order that the cause be tried in any county court which he shall name. If any action for debt or liquidated demand exceed £20, plaintiff may require defendant to give notice of intention to defend, on pain of judgment by default. If notice be given, action

to be tried, and the registrar to inform plaintiff if notice has or has not been given, ss. 23-29. Costs of attorney in certain proceedings in county courts may be taxed by the registrar as between attorney and client; or in certain proceedings as between party and party, ss. 34, 35.

By s. 45, 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 times, and by such instalments, if any, as he shall think fit, and all such moneys 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 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 times, and by such instalments, if any, as shall be consented to, and all such moneys, whether payable in one sum or by instalments, shall be paid into court.

By s. 50, the possession of small tenements may be recovered in county courts by landlords, where neither the value of the premises, nor the rent payable, exceeds £50, if the term of holding has expired, or been determined by notice. Possession may be recovered if rent does not exceed £50, if one half-year's rent be in arrear.

By s. 62, 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, shall not cause the action to abate if the assignees shall elect to continue such action, and to give security for the costs, 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 give security within the time limited by the order, the defendant may avail himself of the bankruptcy or insolvency as a defence to the action.

Bankruptcy Petition.-An important enlargement was made in the powers of county courts in 1861, by the 24 & 25 V. c. 134. By s. 3 of this act, county courts, for the first time, obtained jurisdiction in bankruptcy. They have jurisdiction in all cases where a creditor makes himself bankrupt, and states, on filing his petition, that his debts do not exceed £300; in which case he is to file his petition in the county count of the district in which he has resided for the last six months, or the longest period of the six months. If in custody, he is to file his petition in the county court of the district in which he is in custody. By s. 88, the Bankruptcy Court in London may transfer any petition for adjudication in bankruptcy, judgment debtor summons, or the proceedings from any district court to a county court, not being within the metropolitan district of twenty miles from the General Post-office.

In 1869, the 32 & 33 V. c. 71, conferred on county courts, except in London, a general bankruptcy jurisdiction.

By s. 4 of an act of 1862, the prohibition is renewed that no judge of a county court, while holding office, shall be capable of election, or of sitting as a member of the House of Commons.

Under 28 & 29 V. c. 99, 30 & 31 V. c. 142, and 31 & 32 V. c. 40, county courts have a chancery jurisdiction in many matters of equity to the value of £500.

By 30 & 31 V. c. 142, a plaint may be entered in the county court within the district of which the defendant or one of the defendants shall dwell or carry on his business at the time of bringing the action

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or suit, or it may be entered, by leave of the judge or registrar, in the county court within the district of which the defendant or one of the defendants dwelt or carried on business at any time within six calendar months next before the time of action or suit brought, or, with the like leave, in the county court in the district of which the cause of action or suit wholly or in part arose.

By s. 2, in any action brought in a county court for the price or value of goods or chattels which, or some part of which, were sold and delivered to the defendant to be dealt with in the way of his trade, profession, or calling, the plaintiff may, at his option, cause issue of summons, and if defendant shall not give notice of intention to defend, judgment may be entered up.

By s. 4, no action can be brought or maintainable in any court to recover any debt or sum of money alleged to be due in respect of the sale of any ale, porter, beer, cider, or perry which is consumed on the premises where sold or supplied, or in respect of any money or goods lent or supplied, or of any security given for, in, or towards the obtaining of any such ale, porter, beer, cider, or perry.

CITY OF LONDON AND METROPOLIS.-The act of 1852, for the recovery of debts in the City of London and its liberties, comprises some of the principal provisions of the county court acts. Actions may be commenced for sums amounting to £50, and, in cases where the parties agree, actions beyond that amount may be tried. The judge of the sheriff's court is to preside, and the court is to be holden at Guildhall, or where the corporation shall direct. The act provides also for the performance of the duties of clerks, bailiffs, and other officers connected with the court. The officers may be paid by salaries instead of fees. A prison may be provided for the purposes of the act, and money borrowed. All suits are to be by plaints. A jury of five may be summoned, when required by either party. As in the county court acts, an appeal is given to the superior courts on points of law, or the admission or rejec tion of evidence. Defendants may be summoned on unsatisfied judgments, and committed to prison, which imprisonment is not to operate in discharge of the debts. Among the powers conferred by the act in the City of London, is one to obtain possession of small tenements, where the tenants hold over, without bringing an action of ejectment. The fees to be charged are set forth in a schedule annexed to the act.

By 19 & 20 V. c. 108, s. 18, the districts of the courts in the metropolis are to be treated as one district, and the summons may issue and be served either in the district in which the plaintiff may dwell or carry on business, or in the district in which the defendant may dwell or carry on business.