County Courts

A number of different local courts existed in England in early times, but their jurisdiction was gradually absorbed by the royal courts of justice to such an extent that in the 1Mb century practically all the judicial work of the country was done by the common law courts, the Lord Chancellor or the Master of the Bolls: 1 Holdsw. Hist. E. L. 41*. See the various titles under Court. In 1846 courts of limited jurisdiction were established for England and Wales. They were inferior courts of record. Various acts in reference to these courts were consolidated in an act passed in 1888 under which England and Wales were divided in 56 districts, in which, as a rule. a County Court is held by one of the 53 County Court judges once in every month, except September. The judges, who must be barristers of seven years standing, are appointed by the Lord Chancellor (except in the Duchy of Lancaster). Jurisdiction depends mainly on the place where the defendant resides or the property in dispute is situated, and the nature and amount of the claim. Ordinarily, suit must be brought in the district where defendant resides or carries on business, hut there are special exceptions The ordinary jurisdiction extends (if the amount in controversy does QOt exceed £100) to personal actions, ejectment, the trial of title to corporeal or incorporeal hereditaments. A County Court cannot, except by consent, try any action in which the title t" any toll, fair, market or franchise (includriage. It has all the powers in equity of the High Court of Justice (up to the jurisdictional amount of £500) in administration actions by creditors, legatees, devisees, heirsat-law and next of kin, in actions for the executions of trusts, for the foreclosure of any charge or lien, for the specific performance, reforming or cancelling of agreements for the sale or lease of property, for dissolution or winding up partnerships. In common law, but not in equity, the parties may agree that a particular court may try an action for a claim of any amount. In the large provincial towns it is a court of bankruptcy with all the powers therein of the High Court. Several of the County Courts have jurisdiction in admiralty. Numerous acts have extended their jurisdiction in special instances. In American Law. Courts in many of the state?, of the United States and in Canada, of widely varying powers.

see Cmrt, 41. similar and inferior to the steward, with the freeholders to be confounded with the times, which had larger civil Court-leet or Vievv- of particular lordship, hundred, steward of the leet. It existed was a court of small criminal by the (Quarter Sessions. They made presentment by jury of was a court similar to that twice a year in various parts leet of the county. 34. The was a court, not of record, it is a customary court, having surrenders, and admittances court, similar in jurisdiction sometimes independent both courts. 35. The Burghmotes, existed by special franchise, (Court, 29) in nature and poudre,^., Pedis pulverizati, record held by the steward, fair or market. They had and minor offences arising and were courts of speedy the dusty feet of the suitors, d/reaux, a pedlar. 37. The had authority to punish measures tliey existed in small cases, not exceeding 40 s. in and real actions might be brought certain other purposes. The freeholdjudges and members of the court; and record, it early lost its juiisdiction, the Superior Courts by writs of rejudgment, and pone. For the new 30. The Hundred courts were County Courts (Court, 29) held by the of the hundred as judges. It is not (31.) Hundred gemote of Saxon and criminal jurisdiction. 32. The frankpledge was a court of record in a or manor, held once a year before the by royal charter or franchise; and jurisdiction, long since superseded also took view of frankpledge, and crimes. 33. The Sheriff's Tourn last mentioned, held by the sheriff of the county, being the great court- Court Baron (manorial courts) incident to every manor.

In one sense, jurisdiction over copyhold lands,; in another, it was a common law and nature to the hundred courts, of them and even of the county borough courts, or Hustings and resembled the county courts jurisdiction. 36. The courts of Pie- /., Fipo'wders, were courts of or him that had the toll, of every cognizance of all cases of contract during that particular fair or market; and summary process, so called from or from the French wovi pied palcourt of the Clerk of the Market misdemeanors and try weights and fair market the of record, and are more properly termed inquests, being inquisitions into the property of treasure-trove, on violent deaths, boundaries of lands, damages, and other matters. 40. The Quarter