A 5 BILL To extend the Jurisdiction and regulate the Proceedings of the County Court of the County Palatine of Lancaster. [Note.-The Words printed in Italics are proposed to be inserted in the Committee.] W HEREAS it is expedient to re-model the proceedings Preamble. for the recovery of debts and demands in the County Court of the County Palatine of Lancaster, and to extend the jurisdiction and enlarge the powers of the said Court: And whereas an Act was passed in the thirty-fourth year of the reign of his Majesty King GEORGE the Third, intituled, "An Act to prevent the Removal of Suits from the Inferior Courts, in the County Palatine of Lancaster, into the Court of Common Pleas of the said County Palatine;" and it is expedient to repeal the said 10 Act so far as it relates to the County Court of the said County Palatine; BE it therefore Enacted, by The QUEEN's most Excellent MAJESTY, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament 15 assembled, and by the Authority of the same, THAT so much of the said recited Act passed in the thirty-fourth year of the reign of his said Majesty King GEORGE the Third, as relates to the County Court of the said County Palatine, shall be repealed. 1. 34 Geo. 3, pealed, so far as relates to the County Court of the County Palatine. c. 58, re 2 Clause. And be it Enacted, That in the interpretation of this Act the Interpretation 20 words "Chancellor and Council" shall mean the Chancellor and Council of the Duchy of Lancaster, and the words " Judge of the said Court," and "Clerk of the said Court," shall include respectively the person acting for the time being as the Deputy of such Judge or Clerk; and the words "County Palatine" shall mean the County Palatine of Lancaster; and the word "person" shall be understood 592. A to 3. The Court to have jurisdiction in all personal Actions on Sumnions for Sums not exceeding 201., but not in Actions for Libel, &c. 4. And in any other Action, except for Libel, &c. if the parties agree. 5 to mean a body politic, corporate or collegiate, as well as an indivi- 25 And be it Enacted, That the Judge of the County Court of the said County Palatine to be appointed as hereinafter mentioned, shall be and is hereby authorized and empowered to hear and determine in a summary way upon summons, in manner hereinafter mentioned, all pleas of personal actions where the sum sought to be recovered 30 shall not exceed Twenty Pounds: Provided always, That no actions. for libel, slander, criminal conversation, or for debauching the plaintiff's daughter or servant, shall be tried in the said Court. And be it Enacted, That if the parties in any action (except actions for libel, slander, criminal conversation, or for debauching 35 the plaintiff's daughter or servant) wherein the sum sought to be recovered shall exceed Twenty Pounds, the cause of action arising in the said County Palatine, shall by a memorandum in writing signed by them or by their attornies agree thereto, the said Judge shall have power to hear and determine such action: Provided always, That the said parties or their attornies shall in and by such memorandum agree to waive all objections arising from the cause of action not being within the ordinary jurisdiction of the said Court: And provided also, That such memorandum shall be filed with the Clerk of the said Court at the time of taking out the summons hereinafter directed. 40 And 5 5. of the Court. And be it Enacted, That it shall be lawful for the Chancellor and Appointment of the Judge Council of the Duchy of Lancaster to appoint to be the Judge of the said Court a Barrister-at-Law, who shall have practised as a Barrister for at least Seven Years, and who shall not, as such Judge, be removable, except for misbehaviour, and, in cases of vacancy, to appoint a Barrister, qualified as aforesaid, to be the Judge of the same Court. And be it Enacted, That every Judge of the said Court shall, before he shall be qualified to act as such Judge, take before One of 10 the Justices of Assize for the said County Palatine for the time being the following oath; (that is to say) 15 "I, A. B., do swear, that I will truly and faithfully, according "So help me GOD.” And be it Enacted, That it shall be lawful for the Judge of the said Court, from time to time, subject to the approval of the Justices 20 of Assize for the said County Palatine for the time being, to make such rules and regulations concerning the practice of the said Court as to him shall appear to be expedient, and also to frame forms for any proceedings in the said Court for which he shall think it necessary that there should be forms, and for which the Schedules to this 25 Act may be found not to provide, and from time to time, subject to such approval as aforesaid, to annul or alter any such rules, regulations and forms, and all or any of the forms given in the said Schedules. And be it Enacted, That no Judge of the said Court shall practise 30 as a Barrister within the said County Palatine during his continuance as such Judge, And be it Enacted, That it shall be lawful for the Chancellor and Council to appoint to be the Clerk of the said Court an Attorney of one of Her Majesty's Superior Courts of Law at Westminster, or of 35 the Court of Common Pleas at Lancaster, who shall have practised as an Attorney for at least Five Years, and from time to time to cancel such appointment by a resolution in writing, and remove such Clerk for any cause appearing to them to be sufficient, and in cases of vacancy by death, removal or resignation, to appoint an Attorney, qualified as aforesaid, to be the Clerk of the same Court; and no such Clerk or any Deputy, whilst acting as such, shall act as an Attorney in any proceeding in the said Court. 592. A 2 And 10. Judge and Clerk may each appoint a Deputy in case of Illness or unavoid 5 And be it Enacted, That in case of the illness or unavoidable absence of the Judge of the said Court, or of the Clerk of such Court, it shall be lawful for such Judge or Clerk respectively to appoint in able Absence., writing some other person who would be qualified to be appointed as a Judge of the said Court, or as the Clerk of such Court (as the case may be), to act as the Deputy of such Judge or Clerk respectively, during such illness or unavoidable absence; and every such Deputy shall, during the time for which he shall be appointed, have all the powers and privileges, and perform all the duties of the Judge or Clerk for whom he shall act as such Deputy, and no such Deputy shall 10 continue to act for more than One Session of the Court without a renewal of his appointment. 11. The Clerk to issue all processes of the Court, and keep an account thereof, and of all Fees and Money paid into and out of Court, &c. 12. The Judge to appoint Bailiffs and inferior Officers of the Court. Bailiffs to cesses. A List of the And be it Enacted, That the Clerk of the said Court shall issue all summonses, warrants, precepts and writs of execution, and register all orders and judgments of the said Court, and keep an account 15 of all such summonses, executions and other processes, in a book or books to be kept by him for that purpose, which book or books shall be open to all persons desirous of searching the same on payment of for each search; and such Clerk shall further take charge of all fees and fines paid under the provisions of this Act, and 20 of all monies paid into and out of Court under such provisions, and pay all the ordinary charges and expenses of maintaining the said Court, and keep accounts of such several receipts, payments and expenses, as aforesaid, and enter such accounts in books to be kept by him for the purpose; and the said Clerk shall once at least in every 25 Months submit his accounts to be audited and settled, and the same shall accordingly be audited and settled by the Treasurer of the said Court, to be appointed as hereinafter mentioned; and the said Clerk shall from time to time, as and when his said accounts shall have been so audited, or at any other time when so required, pay 30 over to such Treasurer the balance then in his hands, or so much and such part thereof as he shall be required to pay over. And be it Enacted, That it shall be lawful for the Judge of the said Court to appoint a sufficient number of proper and responsible persons to act as Bailiffs and inferior Officers of the said Court and in 35 the execution of the process thereof, and to suspend or dismiss any serve all Pro- such Bailiff or Officer for misconduct, and no Bailiff or Officer so dismissed shall be qualified to be re-appointed; and the said Bailiffs of the said Court, and no other persons, shall serve all summonses, and execute all orders, warrants, precepts, writs and other processes, 40 issued out of the said Court, and a list containing the name and place of abode of every such Bailiff shall be put up in a conspicuous part of the said Court, and also in the office of the Clerk of the said Court. Bailiffs to be put up in Court and in the Clerk's Office. And 5 And be it Enacted, That the Judge of the said Court, and the Clerk thereof, and the Treasurer, to be appointed as hereinafter mentioned, and also the Bailiffs and inferior Officers of the said Court, shall be paid by certain salaries, to arise in the first instance out of the fees and fines payable under the provisions of this Act, the amount of such salaries and the periods of the payment thereof respectively to be fixed and determined by the Chancellor and Council: Provided always, That in case such fees and fines so payable as aforesaid shall not be sufficient for the payment of such salaries and the other 10 necessary expenses of the said Court, the deficiency shall be supplied from the county rates of the said County Palatine which are hereby charged therewith and made liable thereto, and the Treasurer of the said County Palatine is hereby required from time to time to pay to the Treasurer of the said Court the amount of every such deficiency 15 as aforesaid. And be it Enacted, That there shall be payable on the several proceedings in the said Court, and on the execution of the process thereof, such fees as are specified in the Schedule to this Act annexed, marked (D.), or which shall be specified in any Schedule of fees 20 reduced or altered under the power hereinafter contained for that purpose, and none other, and a table of such fees shall be put up in some conspicuous part of the said Court, and also in the office of the Clerk of the said Court; and the fees so payable shall as to each proceeding be paid in the first instance by the party on whose behalf the same is required, and where the amount of such fees can be ascertained, the same shall be paid on or before such proceeding shall be taken. 25 30 35 40 15. Fees may be increased by diminished or cellor and the Chan And be it Enacted, That it shall be lawful for the Chancellor and Council from time to time to diminish the amount of the several fees to be taken in the said Court in such manner as to them shall seem meet, and again to increase the same, but so nevertheless that the Council. scale of fees given in the Schedule to this Act annexed, marked (D.), be not in any case exceeded. 16. of Treasurer. And be it Enacted, That it shall be lawful for the Chancellor and Appointment Council to appoint a fit and proper person to act as Treasurer of the said Court; and from time to time to remove such Treasurer, if they shall see occasion so to do, and appoint another person in his stead; and it shall not be lawful for the Clerk of the said Court, or his partner, or any person in the employment of such Clerk or his partner, or any deputy of such Clerk, to act as Treasurer of the said Court; and the said Treasurer shall, out of the fees and fines to be paid under the provisions of this Act, discharge the expenses of establishing the said Court, and pay quarterly the several salaries to be fixed and 592. determined A 3 |