County Courts (Equity Jurisdiction) Act 1865
| Year | 1865 |
(28 & 29 Vict.) C A P. XCIX.
[5th July 1865]
'WHEREAS it is desirable to confer on the County Courts Jurisdiction in Equity:' Be it 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 assembled, and by the Authority of the same, as follows:
1 Jurisdiction in Equity to be exercised in County Courts in certain Suits and Matters.
1. The County Courts held by virtue of an Act passed in the Session of Parliament holden in the Ninth and Tenth Years of the Reign of Her Majesty, Chapter Ninety-five, shall have and exercise all the Power and Authority of the High Court of Chancery in the Suits or Matters herein-after mentioned; that is to say,
1. In all Suits by Creditors, Legatees (whether specific, pecuniary, or residuary), Devisees (whether in trust or otherwise), Heirs at Law, or Next of Kin, in which the Personal or Real or Personal and Real Estate against or for an Account or Administration of which the Demand may be made shall not exceed in Amount or Value the Sum of Five hundred Pounds:
2. In all Suits for the Execution of Trusts in which the Trust Estate or Fund shall not exceed in Amount or Value the Sum of Five hundred Pounds:
3. In all Suits for Foreclosure or Redemption, or for enforcing any Charge or Lien, where the Mortgage, Charge, or Lien shall not exceed in Amount the Sum of Five hundred Pounds:
4. In all Suits for specific Performance, or for the delivering up or cancelling any Agreement for the Sale or Purchase of any Property, where the Purchase Money shall not exceed the Sum of Five hundred Pounds:
5. In all Proceedings under the Trustees Relief Acts, or under the Trustee Acts, or under any of such Acts, in which the Trust Estate or Fund to which the Proceeding relates shall not exceed in Amount or Value the Sum of Five hundred Pounds:
6. In all Proceedings relating to the Maintenance or Advancement of Infants in which the Property of the Infant shall not exceed in Amount or Value the Sum of Five hundred Pounds.
7. In all Suits for the Dissolution or Winding-up of any Partnership in which the whole Property, Stock, and Credits of such Partnership shall not exceed in Amount or Value the Sum of Five hundred Pounds:
8. In all Proceedings for Orders in the Nature of Injunctions, where the same are requisite for granting Relief in any Matter in which Jurisdiction is given by this Act to the County Court, or for Stay of Proceedings at Law to recover any Debt provable under a Decree for the Administration of an Estate made by the Court to which the Application for the Order to stay Proceedings is made.
2 Powers and Authorities of Judge and Officers of the County Courts under this Act.
2. In all such Suits or Matters the Judge of a County Court shall, in addition to the Powers and Authorities now possessed by him, have all the Powers and Authorities, for the Purposes of this Act, of a Judge of the High Court of Chancery; and the Treasurer, Registrar, and High Bailiff shall, in all Matters in which the County Court has Jurisdiction under this Act, discharge any Duties which an Officer of the Court of Chancery can discharge, either under the Order of a Judge of such Court or the Practice thereof, and all Officers of the County Courts shall in discharging such Duties conform to any Rules or Orders to be framed as herein-after provided.
3 Transfer of Suits.
3. Any One of the Vice-Chancellors, on the Application at Chambers of any Party to any Suit or Matter pending under this Act, shall have Power, then and there, or, if he shall think fit, after hearing a Summons served upon the other Party or Parties, to transfer the same to the Court of Chancery, upon such Terms, if any, as to Security for Costs or otherwise, as he may think fit.
4 City Small Debts Court to have same Jurisdiction in all Matters as a Metropolitan County Court.
4. The Judge and Officers of the Court held under the Provisions of ‘TheLondon (City) Small Debts Extension Act, 1852,’ herein-after called the ‘City Court,’ shall respectively have and exercise the like Jurisdiction, Powers, and Authorities in all respects, except the Power of appointing Officers, as are for the Time being possessed and exercised by the Judge and Officers respectively of a Metropolitan County Court; and the Chief Clerk and the Chief Bailiff of the City Court shall henceforth be respectively styled the Registrar and High Bailiff thereof, the Word ‘Registrar’ being interpreted to include the Assistant Clerks, and the Words ‘High Bailiff’ the Bailiffs of the City Court; and the Fees which may be from Time to Time taken in a County Court in any Proceeding in which Jurisdiction is hereby given to the Judge and Officers of the City Court shall be taken in the City Court, and shall be paid into the General Fund thereof, and the Judge and Officers of the City Court shall, out of the said General Fund, be respectively paid additional Salaries of such Amount as the Mayor, Aldermen, and Commons of the City of London , in Common Council assembled, from Time to Time shall think fit to direct; and such Judge and Officers of the City Court shall conform to the Rules and Orders made under the Authority of this Act.
5 Power to Judge of a County Court to order any Legacy, &c. to which an Infant or Person beyond the Seas may be entitled to be paid into the Bank of England, in accordance with Provisions of Sect. 32. of 36 G. 3. c. 52.
5. Any Legacy or Sum of Money to which any Person who is an Infant or absent beyond Seas may be found or declared entitled by any County Court in any Suit or Matter under this Act may be ordered by the Court to be paid to the Accountant General of the Court of Chancery, in accordance with the Provisions of Section Thirty-two of an Act passed in the Session of Parliament held in the Thirty-sixth Year of the Reign of His Majesty KingGeorge the Third, Chapter Fifty-two; and the Person ordered to pay the same shall, within such Time as the Court shall direct, produce to the Registrar of the Court the Certificate of the Accountant General of the Payment of such Money; and if Default be made in such Payment the Judge may direct a Warrant of Execution to issue to the High Bailiff of the Court, who by such Warrant shall be empowered to levy or cause to be levied by Distress and Sale of the Goods and Chattels of such Person a Sum of Money equal in Amount to the Sum which he was ordered to pay to the said Accountant General and to the Costs incurred by reason of such Default, and the Sum so levied shall be paid to and be receivable by the said Accountant General under the Direction of the Court; and all Amounts so paid or transferred into the Court of Chancery, with any Dividends thereon, shall be paid or transferred to the Person or Persons entitled thereto, or otherwise applied for his or their Benefit, on Application by Summons to One of the Vice-Chancellors while sitting at Chambers.
6 As to Jurisdiction of Stannaries Court.
6. Nothing in this Act contained shall be construed to impair the Jurisdiction of the Stannaries Court, or to give Authority to any County Court Judge to entertain Jurisdiction in any Case to which the Equitable Jurisdiction of the said Court at present extends.
7 Provisions of County Court Acts as to Juries, Suitors, and Witnesses extended to this Act.
7. Whenever it is required that a Jury should be...
To continue reading
Request your trial