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not supported. (Reg. v. Whiteman and Another, 18 that it would have been highly dangerous for the witJur., part 1, p. 434).
ness to remain. While the trial was going on, the * Practice.] It is no ground for arrest of judgment witness was travelling home. The construction thus after conviction for a felony, that the indictment also put upon the words “unable to travel” is, not able to contains a count for a misdemeanour. (Reg. v. Fergu- travel to the place at and in which the witness is to son, 1 Jur., N. S., part I, p. 73).
give evidence. In Reg. v. Beeston (18 Jur., part 1, Some useful practice points have been decided in p. 1058) the prisoner was committed upon a charge of Reg. v. Larkin, (18 Jur., part 1, p. 539). A count feloniously wounding A. A. died, and it was held for receiving stolen goods alleged that the prisoner that A.'s deposition, taken before the committing mareceived the goods of A. B., “he, the said A. B., gistrate, was properly received in evidence upon a trial then knowing them to have been stolen ;” and it was for the murder. The admissibility of such evidence deheld that the count was bad; that the objection was pends upon whether or not the prisoner, when before properly taken by motion in arrest of judgment after the magistrate, had a full opportunity for cross-exaverdict; that the indictment was not amendable after mining the witness, and it is not necessary that the two verdict; and the amendment having been made by charges should be identically the same.
The deposithe Court below, the Court of Criminal Appeal ordered tion would have been good evidence before the statute, the record to be restored to its original state, and which makes no alteration in this respect. quashed the conviction. The Court expressed an opi- If one prisoner calls a witness whose evidence tends nion that the prisoner might be indicted again for the to criminate a fellow-prisoner, the counsel of the latter receiving, though not for the stealing. Alderson, B., has a right to cross-examine the witness, and address reprobated the practice of setting out all the preli- the jury upon his evidence. (Reg. v. Luck and Others, minary proceedings not material to the real questions 1 Jur., N. S., part 1, p. 119). to be raised. He suggested that the cases slould be
Upon an indictinent for uttering a counterfeit halfsettled by the counsel.
crown, evidence of a subsequent uttering of a counterfeit
shilling is admissible to prove guilty knowledge. (Reg. The power of amendment under the 14 & 15 Vict.
v. Foster, 1 Jur., N. S., part 1, p. 407). é. 100, was again brought under the consideration of
Rape.]---The prisoner had connexion with a married the Court in Reg. v. Frost and Another, (1 Jur., woman, she supposing he was her husband. It was N.S, part 1, p. 406). The prosecutor was described held, upon the authority of Rex v. Jackson, (Russ. & as “ George William Frederick Charles Duke of Cam- R. C. C. 487), that this did not amount to rape. (Reg. bridge.”. It was proved that “ George William” were
v. Clarke, 18 Jur., part 1, p. 1059). two of the duke's Christian names, and that he had from the thief and restored to the owner, who then
Receiving Stolen Goods.]-Stolen goods were taken other names, but of these there was no evidence. returned them to the thief, and sent him to dispose of The sessions refused to amend by striking out the them where he had sold others. The thief went to D. words “ Frederick Charles;" and it was held—First, and sold the articles to him. A conviction against D. that the power of amendment given by the stat. for receiving was quashed. (Reg. v. Dolan, 1 Jur., 14 & 15 Vict. c. 100, is entirely in the discretion of N. S., part 1, p. 72). In the above case Reg. v. Lyons the judge at the trial , and that such power should (Car. & M. 217) was cited, but the learned judges
thought that case could not be supported. be exercised before the case goes to the jury. The To constitute a felonious receipt of stolen goods, Court of Appeal could not, therefore, say that the manual possession is not necessary, but it is sufficient sessions were bound to amend. Secondly, that the if the goods are under the control of the person charged sessions were right in refusing to strike out the words with the knowledge that they have been stolen. Upon “ Frederick Charles,” but might have amended by that if they believed the prisoner knew the watch had
an indictment for receiving a watch, the jury were told striking out all the Christian names. Lastly, that as
been stolen, and that if they believed it was in the custhe indictment stood it contained matter of description tody of a person with the cognisance of the prisoner, which ought to have been proved, and as it was not, that person being one over whom the prisoner had absoan acquittal should have been directed. Lord Cardi- | lute control, or that the watch would be forthcoming gan's case (Dom. Proc., 1841) was considered in point.
if the prisoner ordered it, this direction was held to An indictment charged, that “ being able, and having be quite proper. (Reg. v. Smith, 1 Jur., N.S., part 1,
p. 575). the means," the prisoner neglected to support her child.
Stealing from the Person.]-In Reg. v. Simpson (18 There was no evidence that she had the means of doing Jur., part 1, p. 1030) we have a decision upon what is a it, but it was proved that she might have applied to sufficient severance to maintain a conviction for stealing the relieving officer, who would have provided the from the person. The prisoner by force drew the chain means. Conviction quashed, upon the ground that the of a watch out of a waistcoat button-hole, but the watch allegation in the indictment was not proved. (Reg, v.
key having been caught by another button, the watch Chandler, 1 Jur., N. S., part 1, p. 429).
and chain remained suspended. This was likened to
Lapier's case, (1 Leach's C. C. 320), in which an earWe have two decisions upon the reception in evidence ring was snatched at in a lady's ear, and separated from of the depositions of an absent or dead witness, under the the ear, but was found amongst her curls; and it was 11 & 12 Vict. c. 42, s. 17. In the first, (Reg. v. Wicker, held that the severance, although momentary, was suf18 Jur., part 1, p. 252), Channell, Serit., after conficient to constitute the offence. The Court differed sulting Parke, B., ruled at Nisi Prius, that the depo- Thompson's case, (1 Moo. c. C. 78): there a book was
from the view taken by a majority of the judges in sition of a witness might be read who had come to drawn about an inch above the top of the inside pocket the assize town, and into the building where the Court of the prosecutor's coat, and a majority of the judges was sitting, but before the trial came on returned held that it was not a sufficient asportation of the book home by the advice of a medical man, who deposed / to amount to a conviction for stealing from the person.
FIRST REPORT OF THE COUNTY COURTS . 1s. 6d., without reference to the amount of the de
For any adjournment of a cause or other matter to (Continued from p. 248).
another court, at the request of either party, 3d. in
the pound on the amount of the demand.
70' For paying money into or out of court, whether before IV.-PROCEDURE-(Continued).
or after judgment, on each payment not exceeding Suitors' Fund." ;
108., 10., and on each payment above 108., 2d. in the If money which has been paid into court to the use of For notice to be given, by prepaid post letter, to plain
pound on the amount of the paynrent. any suitor has remained unclaimed for six years, it becomes applicable to the same purposes as the general
tiff, of every payment whatever made into court, 2d.,
without reference to the amount of the payment. fund of the court. V.-FEES,
Out of this fee the postage of such letter is to be paid
by the clerk. The fees taken in respect of proceedings in the county For issuing any warrant, attachment, or execution, courts may be divided into five classes :
2d. in the pound on the amount for which such war1. Those in respect of specific proceedings taken on rant, attachment, or execution issues. the part of suitors, as on the summons, hearing, and For taking recognisance, bond, or security for costs, 4d. other steps in the cause.
in the pound on the amount of the demand. 2. The general fund, which is taken on entering the For inquiring into sufficiency of sureties, 6d. in the plaint, and which is proportioned to the amount sought pound on the amount of the demand. to be recovered.
For application for new trial, or to set aside proceed. 3. Fees which are payable in respect of appraise-ings, 6d. in the pound on the amount of the demand. ments on executions.
For every summons for commitment under the 9 & 10 4. Fees payable in respect of distraining for rent. Vict. c. 95, s. 98, 6d. in the pound on the amount of 5. Fees payable in insolvency and protection cases. the original demand then remaining due. Judge's Fees, 8c
For every hearing of the matters mentioned in such
summons for commitment, 1s.. in the pound on the 1. The first class of fees was appointed by an order amount last aforesaid. of a Secretary of State, dated the 15th November, Notice.No other fees than the above to be taken 1850, sanctioned by the Commissioners of the Trea
on any account whatever, except the high baisury, in pursuance of the 9 & 10 Vict. c. 95, s. 37.
liff's fees for service. No application to the A table of these fees, printed in large letters, is-hung court is to be charged with a fee except those up in a conspicuous place in every clerk's office and above mentioned. No increase of fees shall be county court, so that an immediate check on any made by reason of there being more than one attempt at overcharge is secured to every suitor de
plaintiff or defendant. sirous of taking any proceeding in the court. A table of these fees is subjoined.
High Bailiff's Fees.
For serving every summons, order, or subpena, within TABLE OF Fees to be taken in the County Courts esta- two miles of the court house, 1d. in the pound on the
blished by the 9 810 Vict. c. 95, on and after the 25th amount of the demand, except for the service of a November, 1850.
sunimons under the 9 & 10 Vict. c. 95, s. 98, when N. B.-In cases within the ordinary jurisdiction of the poundage is to be calculated on the amount of the the courts, the under-mentioned poundage and
original demand then remaining due. fees are to be taken; but where the sum de. For such service, if beyond two miles, then extra manded is above 201., the poundage is to be taken 1. for every additional mile, 6d., without reference on 201, only. All fractions of a pound, for the to the amount of the demand. purpose of calculating the poundage, sliall be For affidavit of service of summons out of the jurisdictreated as an entire pound.
tion, 18., without reference to the amount of the For every summons, 7d, in the pound on the amount of demand. the demand.
For execution of every warrant or attachment against For every application for a summons out of the district, the goods or body within two miles of the court 3d. in the pound on the amount of the demand, This house, 1s. in the pound on the amount for which such sum to include every fee for such application.
warrant or attachment issues. Notice.--No other fee whatever is to be taken on For such execution, if beyond two miles, then
the entry of a plaint, except for service by the extra for every additional mile, bd., without high bailiff, and for affidavit of service, out of the
reference to the amount for which such warrant district.
or attachment issues. For every hearing without a jury, 28. 21. in the pound For keeping possession of goods till sale, per day, (inon the amount of the demand.id
cluding expenses of removal, storeage of goods, and For every hearing with a jury, 3s. 2d. in the pound on
all other expenses whatever), not exceeding five days, the amount of the demand.
6d. in the pound on the amount for which the exeJudgments by consent under the 13 & 14 Vict.
cution issues. · [This, however, does not apply to c. 61, s. 8, 9, and judgments upon applica
cases of interpleader, in which the costs and expenses tions in the nature of sci. fa., to be charged the For carrying every delinquent to prison, including all
of possession are in the discretion of the judge.] same fce as on the hearing of a cause without a jury.
expenses and assistants, 1s. per mile, without re
ference to the amount mentioned in the warrant. the hearing or trial of a causethe without reference to the amount mentioned in the service of the order for the high bailiff,
warrant. For every subpæna, (each witness), 28., without refe- N. B.-Where the plaintiff recovers less than the rence to the amount of the demand.
amount of his claim, so as to reduce the scale of For entering and giving notice of a special defence, costs, the plaintiff to pay the difference.
The several fees payable on proceedings in replevin For every subpæna
2 0 to be regulated on the above scale by the amount dis- For every search ...
1 trained for, and on proceedings for the recovery of tene- Preparing warrant to bring up petitioner under ments by the yearly rent or value of the tenement the 7 & 8 Vict. c. 96, s. 7, or order of resought to be recovered; but in neither case to exceed mand under sect. 24
3 4 the fees payable on a demand of 201.
For every sitting held in the matter of any In cases of extraordinary jurisdiction, given to the petition ...
5 0 court by the consent of parties to the trial of questions For office copies of proceedings, (each folio)
01 under the 13 & 14 Vict. c. 61, s. 17, the poundage shall N. B.-When an office copy is made to which a be taken in every such case on the sum of 501.
printed form is applicable, printed words are not to be In cases of interpleader the summons is to be issued computed by folio, but paper and print will be charged to the high bailiff gratis, and the poundage for the as two folios, 3d., whether the copy be of a schedule or hearing is to be estimated on the value of the goods of any other proceeding. claimed, which, in case of dispute, is to be assessed by Clerk's Fees-(as Official Assignee). the judge. The costs, however, of the summons, esti
d. mated on the above-mentioned value, shall be included For every letter for debt, notice of audit and in the general costs, which may, in the discretion of the
proof, or notice of dividend, (inclusive of judge, be awarded at the hearing.
0 4 These fees are taken under the authority of an order for summoning assignee to audit and proof of made by a Secretary of State and two Commissioners
debts, or to dividend meeting
3 4 of the Treasury on the 15th November, 1850.
Sitting, attendance, &c. at audit and proof of 2. The General Fund.]-This fee is taken under the debts, or dividend meeting authority of the 9 & 10 Vict. c. 95, s. 52, which autho- Duplicate list of creditors for official assignee, rised the clerk of every court to demand on every plaint (per folio)
0 12 where the claim exceeded 20s., but did not exceed 408., For preparing Gazette notice of dividend, (ex6d., and where it exceeded 40s., 1s. in the pound. It clusive of charge for insertion and Gazette). 3 4. will therefore be observed that the fee to the general Per-centage on gross amount of receipts, (not fund was not made payable on any sum not exceeding ceeding 51. per cent.) 20s. A power, however, was reserved to diminish,
IN GAOL CASES. though not to increase, the amount of the above fees, at the discretion of a Secretary of State, with the consent
Clerk's Fees. of the Commissioners of the Treasury'; that power was Order for hearing ...
1 0 in November, 1850, exercised, and the fee of 1s. in the Warrant to bring up prisoner
1 0 pound was reduced to 8d. The other fee of 6d. in the Adjudication
1 0 pound, in sums between 20s. and 40s., was not inter- Warrant to gaoler to bring up prisoner, or to fered with. The fee for the general fund now received discharge prisoner
1 0 in the county courts remains as altered in the manner Warrant of attorney executed by prisoner 2 6 described. The object of this fee is to raise a fund for Fee on hearing
5 0 certain purposes, which will be explained under the For office copies of proceedings, (each folio). 0 1 head of a Application of Revenue.”
IN PROTECTION CASES. 3. Appraisements.] --The fees payable in respect of
High Bailiff's Fees-(as Messenger), appraisements are taken in pursuance of the 9 & 10 Vict. c. 95, s. 106. Those fees consist of 6d. in the Executing warrant of seizure, (to be allowed pound on the value of the goods appraised, besides the
only when the judge directs warrant to be
executed) stamp dutyand 1s, in the pound on the net produce of the sale for advertisements, catalogues, - sale commis- Keeping possession, for each day the man is sion, and delivery of goods.
actually in possession, (of which 38. 6d. to be 4. Distresses.]-The fees payable in respect of dis
paid to the man), and including affidavit of tresses for rent are taken in pursuance of the 9 & 10
possession being kept, per day, (the number Vict. c. 95, s. 107. They are payable in cases where; Preparing advertisements for Gazette or news
of days charged to be allowed by the clerk). 4 6 the high bailiff having seized, and notice is received by him from the landlord that rent is in arrear, he is
papers, and attending to insert same, (bebound to distrain for a certain amount of the rent in For attendance on court at each sitting
sides sum paid for insertion and Gazette) 3 4
2 0 arrear proportionate to the rent reserved. He is then entitled to receive, as the costs of the distress, such fees Executing warrant to bring up petitioner under
the 7 & 8 Vict. c. 9, s. 76, or order of remand as are authorised by the 57 Geo.3, c. 93, intituled “ An
under sect. 24, (besides necessary expenses Act to regulate the costs of Distresses levied for Pay
out of pocket, to be submitted to and taxed ment of Small Rents.”
by the court)
6 8 5. Insolvency and Protection.]-The fees payable on On commitment of any person by the judge proceedings in insolvency and protection cases are taken
executing the warrant, (besides necessary exin conformity with the subjoined scales, which were
penses, &c. as above)
6 8 issued under the sanction of a Secretary of State and Preparing and service of notice to creditors, two Commissioners of the Treasury on the 8th July, on each creditor, by post, including postage 1851.
thereof and affidavit of service
0 4 IN PROTECTION CASES.
Ditto, (if directed by the judge to be served
personally, including affidavit of service) 1 6
Messenger's man travelling to place of possesOn filing every petition, affidavit, or other do
sion to execute warrant of commitment, or cument
10 any other purpose specially directed by the On swearing every affidavit
1 6 court, per mile For every certificate to authorise advertisement If messenger directed by the court personally to in London Gazette
2 6 travel,
his travelling, per mile For entering every matter for hearing
his time per day 10 0 For every order pronounced
his expenses per day 100
IN GAOL CASES.
We now proceed to state the manner in which the
accounts of the courts are kept. For every copy of order for hearing sent to
The clerk of each court is furnished with a certain each creditor, to the amount of 5l. and upwards, (including postage)
number of books by the Treasury, and which are eight
in number. They consist of the plaint book, minute VI.-COSTS.
book, execution and commitment book, foreign execuWe shall now state the rule prevailing with respect
tion and commitment book, foreign execution book, to costs as distinguished from fees of court.
cash book, fee book, and ledger. It is to be observed that no scale of costs as between
These books are so arranged as to operate both as a attorney and client, except in the particular instances record of the proceedings of the court, and a debtor and hereafter mentioned, exists in the coanty courts. creditor account of all the receipts, whether of fees or Any claim, with those exceptions, which an attorney other monies, which come to the hands of the clerk, has against his client for services rendered, must be and of all disbursements made by him. These books taxed on the scale of some other court.
operate as a check, so as to render it difficult, if not As between party and party, costs of counsel or at impossible, for any misappropriation to escape detectorney previous to the hearing are not allowed
in any must be produced to the treasurer at his audit, any.
tion. With respect to disbursements, as proper vouchers case. Costs of counsel or attorney on the hearing only be allowed by order of the judge. Costs of witdefalcation is readily discovered. nesses and other expenses are also entirely in the dis
VIII.-REVENUE. cretion of the judge, but in default of any special
In the year 1853 the total revenue of the courts, direction to the contrary, they abide the event of the independent of the third and fourth classes of fees, and action. (See ante, p. 216). The costs allowed are divided into four classes-first, to 253,5181. This suin was produced by the fees men
the fees in insolvency and protection cases, amounted of counsel; second, of attorney; third, of witnesses ; tioned in the first and second classes, which were levied fourth, of other expenses.
on the suitors of the courts. Counsel.]-In general, the amount of the claim deter- With respect to the revenue arising from the third, mines the amount of the fee to counsel: thus, when fourth, and fifth classes, as those fees are very uncertain the claim does not exceed 5l., a fee to counsel cannot in amount, and are not accounted for by the persons be allowed against the opposite party, though it seems receiving thein, no return of them could conveniently it may against the client; where the claim exceeds 5l., be procured. but does not exceed 201., a fee of 1l. 38. 6d. only can
IX.-APPLICATION OF REVENUE. be allowed; where the claim exceeds 201., but does not exceed 501., a fee of 21. As. 6d. only can be allowed;
The purposes to which the above revenue is applied
are the following: where it exceeds 501., and in other cases under the consent clause, no scale exists.
Fees.]—The total amount produced by the fees, irre.
spective of the general fund fee and the fees under the Attorney.) – Fees to the attorney vary with the title of high bailiffs' fees, is divided into forty parts. amount of the claim sought to be recovered. Where Nineteen fortieths are appropriated to the fund out of the claim does not exceed 40s., the attorney cannot which the judges and their travelling expenses are paid; recover costs from any one; where it exceeds 408., but nineteen fortieths are appropriated to the use of the does not exceed 51., he can only recover from his own clerks; and two fortieths to the use of the high bailiffs. client 108., and nothing from the opposite party; when On examining the average for several
years antecedent it does exceed 51., but does not exceed 201., his costs to making the above scale of fees, it was ascertained may be allowed to the amount of 158.; where the that the amount of judge's fees was nearly or exactly demand in any plaint in covenant, debt, detinue, or equal to that of the clerk's fees, and that the fees to the assumpsit exceeds 201., but does not exceed 351.
, he high bailiff, which by the new scale were abolished, for may be allowed 11. 108.; and where the demand ex- the duties performed by him in court, amounted to ceeds 351., but does not exceed 501., he may be about one twentieth of the total of fees produced by allowed 21.
proceedings in court. The reason for the division of Lay Advocate.)- A person other than an attorney the fund into fortieths instead of twentieths was, that who is allowed by the judge to appear for either party if such a division as the latter were adopted, a proper is not allowed to recover any remuneration for his share could not conveniently be appropriated to the services.
different claimants upon it. In demands exceeding 50l., or other cases within the General Fund.]-With respect to the produce of the jurisdiction by consent, no scale of professional fees general fund fee, the amount produced in the courts is has been established.
devoted to the purposes appointed by law; that is to Witnesses.] — The allowance for the attendance of say, to provide court houses and offices, and the general witnesses is fixed by a schedule attached to the rules expenses of the courts. of court, and which is subject to the discretion of the High Bailiffs' Fees.]-The fees under the title of judge; but the amounts there allowed are in no case high bailiffs' fees are retained by the high bailiffs themto be exceeded.
selves. The fees belonging to the third and fourth The following is the scale contained in the sche- classes are retained by the appraiser or the high bailiff
as the case may be, and the fees in insolvency and pre
3. do tection cases are retained by the clerks and high bailiffs. Gentlemen, merchants, bankers, and professional
RECOMMENDATIONS. Tradesmen, auctioneers, accountants, clerks, and
We now proceed to state our opinions and recomJourneymen, labourers, and the like..
2 O mendations concerning the matters referred to us by Travelling expenses, per mile, one way ...
your Majesty's commission, and it will be convenient Other Expenses.]– Fees of court paid by the success to commence with the subject of jurisdiction, as being ful party, in order to support his claim or defence, that on which the other matters embraced in our report become costs in the cause.
must mainly depend.
parts—first, with reference to increasing the present confined is that in respect of legal claims, leaving ques- exercise of that jurisdiction. The jurisdiction to which our present report will be jurisdiction of the courts; secondly, with reference to
the introduction of additional securities for the due tions as to other branches of jurisdiction to be hereafter considered.
1.-_WITH REFERENCE TO Comparison of County Court Procedure with that of
JURISDICTION OF THE COURTS. the Superior Courts.]-In examining the subject of ju- We will first consider the jurisdiction of the court, risdiction, we have been necessarily led to compare the so far as it extends to claims not exceeding 51. in tort, procedure in the superior courts with that established and 201. in contract, and which may be treated, except in the county courts. The result of that comparison in certain cases, as its exclusive jurisdiction. Secondly, may be shortly stated.
the jurisdiction in tort, where the claim exceeds 5l., Superior Courts.]—In the former, the means adopted but does not exceed 501., and in contract, where it exfor separating questions of law from those of fact, the ceeds 201., but does not exceed 501., which is its prinexertions of skilled advocates accustomed to practise in cipal jurisdiction concurrent with that of the superior the central tribunals of the country, the attendance of courts. Thirdly, the jurisdiction in claims beyond a learned and enlightened Bar, in whose presence each that amount, and in certain otherwise excluded quesjudge is required to fulfil the functions of his office, the tions, which is the jurisdiction by consent. facility for reviewing his opinion and direction, and
Ecclusive Jurisdiction. for appealing from the decision of the full court, are calculated to insure the satisfactory administration of Court - Experiment successful.] -- First, then, as to that
County Court originally intended to be a Small Debts justice. On the other hand, considerable delay, and which may be treated as the exclusive jurisdiction of the expense necessarily result from bringing the machinery court, in consequence of the penalty by deprivation of of those courts into full activity.
costs in the superior court, should the plaintiff not reCounty Courts.]-In the county courts, the absence cover a sum to the amount of 201. or bl., according to of any pre-appointed means of separating questions of the nature of the claim. The object which the Legislaw from those of fact, the non-employment generally lature had in view when it established the county court of legal advocates, the non-attendance of a Bar, the evidently was, to secure to the public the benefit of a rapidity of the proceedings, and the power of the judge local tribunal, in which claims of a moderate amount, finally to decide on all questions of law and fact, except and not complicated in their nature, might be enforced where the claim exceeds 201. in amount, render the with cheapness and rapidity. During the seven years judgment of the court less secure against miscarriage. which have elapsed since the establishment of the On the other hand, the county court is near to the courts, the experiment has been eminently successful, residence of the suitors, and the proceedings are simple, and benefits have been conferred on the community by cheap, speedy, and final.
means of these courts which it is perhaps difficult to Claims of considerable Amount best decided in Superior exaggerate. Honest claims have been enforced, and Courts.] – In claims of considerable amount, we are of injuries have been redressed, which the expense, disopinion that the inconveniences incident to the admi- tanee, and delay incident to the proceedings of the nistration of justice in the superior courts are counter- superior courts placed in effect beyond the power of balanced by the greater certainty in the application of the law: Facility to enforcé rights has checked the the rules of law than can be expected in a tribunal so commission of wrongs, and thus a more desirable state constituted as the county court.
of credit and morality has been produced. Small Claims beneficially decided in County Court.] –
Jurisdiction might be extended - Malicious ProsecuIn claims of small amount we think that the evils tion.)-The consideration which we have bestowed upon counterbalanced by the advantages presented by a local We think, however, that as actions for false imprisoncaused by an occasional miscarriage are more than the subject has not induced us to recommend any con
siderable extension of the jurisdiction of the court. tribunal, the proceedings of which are simple, cheap, ment are now within the jurisdiction, actions for speedy, and final.
malicious prosecution might be properly brought “Small” Claims defined.]-It may perhaps be difficult within it. satisfactorily to define the word "" small," as it is a word of relation, but we think it may be conveniently tions.]– We also recommend that the proviso contained
Matters of Title by Consent, with certain Modificatreated, for the purposes of jurisdiction, as embracing in sect. 58 of the 9 & 10 Vict. c. 95, by which certain claims not exceeding 201. In former Class of Claims, Consent, express or implied, the court, should continue in force, unless both parties
questions of title are excluded from the jurisdiction of should be required to give Jurisdiction to County Court.) should at the trial consent to the judge deciding the -With regard to claims exceeding 201., but not ex
question in dispute. We think that such a jurisdiction ceeding 501. in amount, we think the jurisdiction should might be beneficially conferred by the consent of both remain concurrent as 'at present, but that such claims parties, where the question arises incidentally to the should be subject to removal by the defendant on cer- claim which it is the immediate object of the action tain conditions hereafter specified; ånd we are of opinion to enforce. Thus, an action may be brought for the that claims of a greater amount, or such as involve value of a tree which it is alleged that the defendant questions otherwise excluded from the jurisdiction, has wrongfully cut down. The defence may be, that shonld be decided by the county courts only where the tree was growing on the defendant's own land. consent has been given for that purpose by both par. The question of title to the freehold then becomes a ties, or a superior tribunal has directed the matter to question incidentally arising in the cause, but which be disposed of in the county court.
must be decided in order to dispose of the claim. Powers to be increased without organic Change.]-We Again : in an action for rent, if the tenancy under the think that the powers and procedure of the court should plaintiff be denied, a question of title to the tenement be increased and improved, without making any organic may arise. Both parties may be quite willing that the change in its constitution, so as to render it as efficient judge of the county court should decide between them, as the nature of the tribunal will permit.
but, as the law now stands, the judge has no power to Division of Subject. ]-We propose to divide our re do so, and consent would not confer jurisdiction for this commendations on the subject of jurisdiction into two | purpose.