268
THE GREEN BAG
THE MODERN ENGLISH PROCEDURE WHICH HAS GREATLY EXPEDITED BUSINESS BY R. NEWTON CRANE THAT it is possible to administer jus courts, and the whole trend of legislation re tice in the law courts with a reason lating to them has been to make them popu able decree of celerity is proved by the re lar, not only that the populace may have an sults of the procedure in England. In this easily accessible and speedy tribunal for the country a litigant has, within certain limits, collection of debts and the settlement of the right to have his cause heard in either disputes, but that the High Court may be the County Court or the High Court of relieved of an unnecessary burden of liti gious business. In fact, the act creating the Justice. I. The County Courts are courts of County Courts provides a severe penalty for record whose procedure, orders and judg suing in the High Court upon an action ments are issued under seal. The whole of which might have been brought in the the country is divided, roughly speaking, County Court. into 500 districts, and with the exception No pleadings are permitted in the County of September there must be a court held in Courts. The plaint, with which an action each district once at least in every calendar is begun, is simply endorsed with the nature month. Exclusive of the city of London and particulars of the demand, while the there are 59 County Court circuits and the defendant makes no answer unless he in same number of judges, who receive a sal tends to rely upon some special defence, ary of £1,500 each (the equivalent of such as infancy, coverture, set-off, or $7,500), and whose appointment, by the counter-claim, or some equitable plea, or Lord Chancellor, is for life. These courts upon a statutory defence such as the stat have, since 1888, had jurisdiction in all utes of limitations, in all of which cases lie personal actions where the debt, demand, must give the plaintiff notice in writing of or damage claimed, does not exceed £50. the particular defence he intends to set up Since the amended County Court Act of at the trial. Generally speaking, a case is 1903 came into effect on the ist of January heard and finally disposed of in the County last, some of these courts have jurisdiction Court within a month from the time of the in like actions up to £100. All the County service of the plaint. In cases where the Courts have also jurisdiction in ejectment action is simply upon a promissory note, where the value of the lands or the rent does the creditor may obtain his judgment in not exceed £50, and in remitted inter twelve days, unless the defendant obtains pleader actions where the amount in dis leave to defend by filing affidavit evidence. An appeal lies from the County Court to pute does not exceed £500. They also have equity jurisdiction in administration pro the High Court, but only upon a point of law, and as a large majority of the cases are ceedings, the execution of trusts, foreclos ure, specific performance, maintenance of tried by the court without a jury the find infants under settlements or other trusts, ings of the court, so far as the facts are con dissolution and winding-up of partnerships, cerned, cannot be disturbed, and the number and actions for relief against fraud or mis of appeals is therefore inconsequent. The practical working of these courts may take, where the sum involved does not ex ceed £500; and in cases of bankruptcy aris best be gathered from the following figures. For five years from 1898 to 1902 there was ing within their district. These courts are essentially the people's an average of no less than 1,213,253 plaints
