County Courts Act 1856

JurisdictionUK Non-devolved
Citation1856 c. 108
Year1856
Anno Regni VICTORI, Britanniarum Regin,Decimo Nono & Vicesimo. An Act to amend the Acts relating to the County Courts.

(19 & 20 Vict.) C A P. CVIII

[29th July 1856]

'WHEREAS it is expedient to amend and extend the Provisions of the Acts relating to the County Courts established by the Act passed in the Session of Parliament holden in the Ninth and Tenth Years of the Reign of Her present Majesty, Chapter Ninety-five:' 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:

S-I Commencement of Act.

I Commencement of Act.

I. The Provisions of this Act shall come into operation on the First Day ofOctober in the Year of our Lord One thousand eight hundred and fifty-six, except the Provisions relating to framing a Scale of Costs and making Rules and Orders of Practice and Forms of Proceeding which shall come into operation on the passing of this Act.

S-II Enactments in Schedule \(A.) repealed.

II Enactments in Schedule \(A.) repealed.

II. The several Enactments specified in Schedule (A.) to this Act are hereby repealed, except as to Acts done under them.

S-III This Act and 9 & 10 Vict. c. 95., 12 & 13 Vict. c. 101., 13 & 14 Vict. c. 61., and 15 & 16 Vict. c. 54. to be construed together.

III This Act and 9 & 10 Vict. c. 95., 12 & 13 Vict. c. 101., 13 & 14 Vict. c. 61., and 15 & 16 Vict. c. 54. to be construed together.

III. This Act and the Acts passed in the Sessions of Parliament holden in the Ninth and Tenth Years of the Reign of Her present Majesty, Chapter Ninety-five, in the Twelfth and Thirteenth Years of the Reign of Her present Majesty, Chapter One hundred and one, in the Thirteenth and Fourteenth Years of the Reign of Her present Majesty, Chapter Sixty-one, and in the Fifteenth and Sixteenth Years of the Reign of Her present Majesty, Chapter Fifty-four, shall be read and construed as One Act, as if the several Provisions in the said recited Acts contained, not inconsistent with the Provisions of this Act, were repeated and re-enacted in this Act.

S-IV This and recited Acts to apply to Debts under 18 & 19 Vict. c. 67.

IV This and recited Acts to apply to Debts under 18 & 19 Vict. c. 67.

IV. The Provisions of this Act and of the recited Acts which apply to any Debt not exceeding Twenty Pounds shall apply to such Debt or any Part thereof, although the same shall be secured by or claimed upon Bill of Exchange or Promissory Note, and notwithstanding the Statute of the Eighteenth and Nineteenth Years of the Reign of Her present Majesty, Chapter Sixty-seven.

S-V Rules of Practice to regulate certain Proceedings.

V Rules of Practice to regulate certain Proceedings.

V. Where the Time within which or where the Mode in which any Proceeding should be taken in the County Court is not prescribed, either in this Act or in any Act relating to the County Courts, such Time and Mode shall be appointed by the Rules of Practice, Orders, and Forms to be made as herein-after provided.

S-VI Qualification of Deputy Judge.

VI Qualification of Deputy Judge.

VI. Any Person hereafter to be appointed a Deputy to the Judge of a County Court shall be a Barrister-at-Law of Seven Years standing, or shall have practised as a Barrister and Special Pleader for at least Seven Years, or shall be a Judge of a County Court.

S-VII Where a Court cannot be held Proceedings to stand adjourned.

VII Where a Court cannot be held Proceedings to stand adjourned.

VII. Where by reason of the Death or unavoidable Absence of the Judge a County Court cannot be held, the Registrar, or in the event of his unavoidable Absence, the High Bailiff, shall adjourn the Court to such Day as he may deem convenient, and enter in the Minute Book the Cause of such Adjournment.

S-VIII Clerk to be called Registrar.

VIII Clerk to be called Registrar.

VIII. The Clerk of a County Court shall hereafter be called the Registrar of the Court, and henceforth no Person shall be appointed Registrar of more than One Court.

S-IX Registrar of more than One Court to cease to be the Registrar of all but One of such Courts.

IX Registrar of more than One Court to cease to be the Registrar of all but One of such Courts.

IX. From and after the First Day ofOctober One thousand eight hundred and fifty-six, a Registrar of more than One County Court shall cease to be the Registrar of all of the Courts of which he is the Registrar, except of that Court of which he may by Writing addressed to the Judge of such Court have elected to remain the Registrar: Provided always, that this Provision shall not apply to any Registrar who was Clerk to any Court mentioned in Schedule (A.) or (B.) to the Act passed in the Ninth and Tenth Years of the Reign of Her present Majesty, Chapter Ninety-five, unless such Registrar shall, by Writing addressed to the Judge of such Courts, have signified his Desire that it should apply to him.

S-X Compensation to Registrars.

X Compensation to Registrars.

X. Every Person who shall, under the Provisions of the last Section, cease to be the Registrar of One or more County Courts, shall be entitled to receive, as Compensation for the Loss sustained by him thereby, an Annuity equal to One Fourth of the yearly Amount of the Fees received in such Court or Courts for the Use of the Registrar, calculated on an Average of the Five Years ended the Thirty-first Day ofDecember One thousand eight hundred and fifty-five, and the Commissioners of Her Majesty Treasury are hereby empowered to award in each Case such Annuity, and to direct Payment of the same to be made out of any Monies to be provided by Parliament for that Purpose: Provided always, that where any such Registrar shall have been the Clerk of any Court mentioned in the Schedule (A.) or (B.) to the Act passed in the Ninth and Tenth Years of the Reign of Her Majesty, Chapter Ninety-five, Compensation may be awarded to him according to the Provisions of Section Thirty-eight of the said Act.

S-XI Deputy of Judge to continue to act after Death of Judge till a new one is appointed.

XI Deputy of Judge to continue to act after Death of Judge till a new one is appointed.

XI. The Appointment of a Deputy of a Judge of a County Court, whether such Deputy shall have been appointed by the Judge, or by the Lord Chancellor, or by the Chancellor of the Duchy ofLancaster , shall not be vacated by the Death of the Judge, but his Acts done after such Death shall be as valid as if the Judge had not died, and he shall continue to act in all the Courts of the District of which the Deceased was Judge until the Lord Chancellor, or, where the whole of such District is within the Duchy of Lancaster , until the Chancellor of that Duchy, shall otherwise order, or a Successor to such Judge shall be appointed; and such Deputy shall receive as Remuneration for the Periodthat he may act as Deputy, after the Death of the Judge, such Sum as the Lord Chancellor shall direct, or if the Successor of the deceased Judge be appointed by the Chancellor of the Duchy ofLancaster , then as the said Chancellor of the Duchy shall direct, and such Sum shall be deducted from the Salary and Travelling Allowance of the Judge appointed to succeed the deceased Judge; and the Provisions of this Section shall apply to all Acts done by any Deputy prior to the Commencement of this Act.

S-XII Deputy Registrar to continue to act after Death, &c. of Registrar.

XII Deputy Registrar to continue to act after Death, &c. of Registrar.

XII. The Appointment of a Deputy of a Registrar shall not be vacated by the Death or Removal of the Registrar, but his Acts done after such Death or Removal shall be as valid as if the Registrar had not died or been removed, and he shall continue to act until a Successor to such Registrar shall be appointed: and he shall receive as Remuneration for his Services during the Period he may so act after the Death or Removal of the Registrar a rateable Proportion of the Salary attached to the Office of Registrar.

S-XIII Judge to appoint Deputy Registrar provisionally, &c.

XIII Judge to appoint Deputy Registrar provisionally, &c.

XIII. On the Death or Removal of a Registrar who shall not have appointed a Deputy, the Judge may, for a Period not exceeding Three Months, provisionally appoint a Person to discharge the Duties of Registrar; and such Person shall act as and have all the Rights and Liabilities of a Registrar until a permanent Successor shall be appointed, and shall receive as Remuneration for his Services during the Period he may so act a rateable Proportion of the Salary attached to the Office of Registrar.

S-XIV Assistant Bailiffs to continue to act after Removal of High Bailiff.

XIV Assistant Bailiffs to continue to act after Removal of High Bailiff.

XIV. The Appointment of the Bailiffs who are appointed to assist the High Bailiff shall not be vacated by the Death or Removal of the High Bailiff, but their Acts done after such Death or Removal shall be as valid as if the High Bailiff had riot died or been removed, and had authorized such Acts, and they shall continue to act until they shall be dismissed by the Successor of the High Bailiff or by the Judge; and the shall be paid for their Services during the Period they shall so act after the Death or Removalof the High Bailiff the same Wages as they were receiving at the Date of such Death or Removal, and such Wages shall be paid out of the Salary and Allowances attached to the Office of High Bailiff.

S-XV Registrar may issue Summons against Defendants out of Jurisdiction.

XV Registrar may issue Summons against Defendants out of Jurisdiction.

XV. The Registrar of any County Court may issue a Summons against any Defendant residing out of the Jurisdiction of such Court, at any Time, upon the Application of any Plaintiff who will depose before such Registrar that his Cause of Action has arisen within the Jurisdiction of such Court, in like Manner as any Judge of...

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