includes all personal actions in contract or tort, where the claim does not exceed £50. But if the claim exceeds £20 in contract, or £10 in tort, the defendant may object to the case being tried by the county court, and on giving the proper security, and obtaining a certificate from the judge that some difficult question of law or fact is likely to arise, he may have the cause removed into the High Court of Justice. Some personal actions are, however, expressly excepted from the jurisdiction of the county court by the Act of 1888; such are breach of promise of marriage, libel, slander, seduction, or actions in which the title to any toll, fair, market, or franchise is in question. A patent is a "franchise," therefore the validity of a patent cannot be tried in the county court. The court also has jurisdiction to try any cause assigned to the King's Bench Division where the parties (or their solicitors) sign a memorandum in writing, agreeing to have the cause so tried. With regard to realty, actions of ejectment may be brought where the value or the rent of the tenement does not exceed £50 yearly value. Also actions where the title to any corporeal or incorporeal hereditament comes into question may be tried in the county court, where the value or rent does not exceed £50 yearly value; and by agreement between the parties, where the value exceeds £50, an action involving the title to any corporeal or incorporeal hereditament, or to any toll, fair, market, or franchise may be tried, but the decision as to the title is not to be evidence of title in any other action.

The county court has no jurisdiction to try an action brought on a judgment in the High Court, nor the High Court to try an action brought on a judgment in the county

court.

Further, a judge of the High Court of Justice may, in an action of contract brought in the High Court where the claim on the writ, or as reduced by set-off, does not exceed £100, on the application of either party, remit the cause to the county court. Certain penalties with regard to costs are imposed by the Act in the case of a plaintiff bringing an action in the High Court which might have been tried in the county

court.

The above must, however, be read subject to the provisions

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of the County Courts Act, 1903, (2) which enacts that in certain cases where the words "fifty pounds" occur in the Act of 1888, the words one hundred pounds" are to be substituted therefor. His Majesty is empowered, by Order in Council to designate certain county courts in which actions involving a sum of more than £50 are to be tried; and county court juries are to be composed of eight instead of five as previously. The Act came into force on the 1st of January, 1905.

The Equitable Jurisdiction.-By the Act of 1888 the county courts may try (a) Administration actions where the value of the estate does not exceed £500; (b) suits for the execution of trusts in estates up to £500; (c) foreclosure and redemption actions, or for enforcing any mortgage, charge, or lien, where the amount of the charge does not exceed £500; (d) specific performance and rectification of agreements, where the property sold or leased does not exceed £500 in value; (e) proceedings under the Trustee Relief Acts, where the property does not exceed £500; (f) maintenance, or advancement of infants up to £500; (g) dissolution, or winding-up of partnerships, the assets not exceeding £500; (h) suits for relief against fraud or mistake, where the damages, or the estate or fund does not exceed £500.

Admiralty Jurisdiction.-In 1868 certain county courts in the neighbourhood of the sea were given a limited jurisdiction in admiralty as to salvage, towage, necessaries or wages, damage to cargo or by collision, agreements for the use or hire of ships, claims with respect to the care of goods carried in ships, or any claim in tort with respect to such goods. (a)

Bankruptcy Jurisdiction.-In 1869 certain county courts were given jurisdiction in bankruptcy, and this was confirmed. by the Bankruptcy Act, 1883.

We may add that by a provision of the Judicature Act the county courts may exercise, with regard to all causes of action within its jurisdiction, all the powers of the High Court of Justice (Judicature Act, 1873, s. 89).

(z) 3 Ed. VII. c. 42. The sections of the County Courts Act, 1888, to which the Act applies are ss. 56, 57, 58, 59, 60, 81, 96, 116, 138, 139. (a) 31 & 32 Vict. c. 71; amended by 32 & 33 Vict. c. 51.

The Mayor's Court.

The Court of the Portreeve in London existed in very early times, and it seems that this split up about the reign of Henry III. into the Court of Hustings and the Lord Mayor's Court. (b) The lord mayor and all the aldermen are the judges, the recorder sitting by custom as sole judge, and in his absence the common serjeant. (c) An assistant judge is now appointed under the Local Courts of Record Act, 1872, s. 7.

The court also possesses a serjeant-at-mace, whose duties are similar to those of the sheriff of the High Court.

The court enjoys an extensive legal and equitable jurisdiction, but apart from statute this jurisdiction only embraces causes arising wholly within the limits of the city. This jurisdiction is concurrent with that of the High Court.

Appeal lies to a divisional court of the High Court of Justice in claims over £20, or application may be made to the Mayor's Court for a new trial. (d)

The court enjoys special forms of procedure, which are principally regulated by the Mayor's Court Procedure Act, 1857. (e) In addition certain sections of the Common Law Procedure Acts, 1852, 1854, and 1860, have by Order in Council (f) been made applicable to the Mayor's Court.

The Court of the Stannaries.

From the earliest times the Crown enjoyed certain royal rights over the mines in Devonshire and Cornwall, and the mines in those districts were subject to the jurisdiction of the courts of the Stannaries, separate courts existing for the district of the Stannaries in Cornwall and the districts of the Stannaries in Devon. This jurisdiction was recognized by various charters in early times, (g) and the officials of the court consisted of the lord warden, the vice-warden, and stewards.

(b) Glyn & Jackson, p. 1.

(c) They or either of them may in certain cases appoint a deputy (Mayor's Court Procedure Act, 1857, s. 43).

(d) See Glyn & Jackson, p. 138 et seq.

(e) 20 & 21 Vict. c. 157.

(f) Order in Council, the 17th of November, 1863 (London Gazette, the 20th of November, 1863).

(g) See Smirke's Rep. of Vice v. Thomas, App.

A court was held by the stewards and a jury of six every three weeks, (h) and appeal lay to the vice-warden and thence to the lord warden, with a final appeal to the Prince in Council. (i) Error did not lie to the courts of common law. The Devonshire Stannary courts seem to have gradually fallen into disuse, whilst in Cornwall the court of the vicewarden alone seems to have attracted any suitors. Eventually the vice-warden's court in Cornwall was reconstituted in 1856 (k) with jurisdiction over the Stannaries in Devonshire.

By the Judicature Act, 1873, the appellate jurisdiction of the lord warden's court was merged in that of the Court of Appeal; whilst in 1896 the court of the vice-warden was abolished, and its powers transferred to such of the new county courts as the lord chancellor should direct. (7)

The Courts of the Counties Palatine of Chester, Durham, and Lancaster.

These were, properly speaking, not inferior courts, as full jura regalia or rights of administering royal justice were granted to them originally, to the exclusion of the king's writ. (m)

The county palatine of Durham was granted by the Conqueror to the then Bishop of Durham.

The county palatine of Chester was granted by the same king to Hugh Lupus, his nephew.

The county palatine of Lancaster was granted by Edward III. in 1376 to John of Gaunt.

The king's writ did not run into the counties palatine, all writs and indictments of treason and felony running in the name of him who had the county palatine, and the latter appointed all justices of eyre, of assize, and of the peace within the jurisdiction of the court of the county palatine.

(h) See Smirke's Rep. of Vice v. Thomas, App., p. 95.

(i) The Duchy of Cornwall and the Stannary jurisdiction were granted by Edward III. to the eldest son of the reigning sovereign. (k) 18 & 19 Vict. c. 32.

(1) 59 & 60 Vict. c. 45.

(m) These counties palatine were separate kingdoms or principalities in themselves, and seem to have been created as a means of defence against the neighbouring Welsh and Scotch.

Subsequently these palatine jurisdictions were transferred to the Crown; that of Lancaster in 1461, that of Durham in 1836, (n) and that of Chester in 1830. (o) Still, the ordinary royal writs did not run into these counties, the writs being issued from Westminster to the chancellor of the county palatine, who issued his mandate to the sheriff; the assizes also sat there by virtue of a special commission from the Crown as owner of the franchise, under the seal of the chancellor of the particular county palatine. In the year 1830 the 11 Geo. IV. and 1 Will. IV. c. 70, enacted that assizes should be held in Chester and Wales as in other places, and by the Judicature Act, 1873, the jurisdiction of the courts of Common Pleas of Lancaster and Durham was vested in the High Court of Justice, and by the same Act the counties palatine of Durham and Lancaster were to cease to be counties palatine as regards the issue of commissions of assize or other like commissions, but no further. The Chancery jurisdiction of Durham and Lancaster therefore still remains, and appeal lies to the Court of Appeal from Lancaster. By the 52 & 53 Vict. c. 47 appeal lies to the Court of Appeal from the county palatine of Durham, appeals from that court having previously been taken to the House of Lords.

The Welsh Courts.

In the time of Edward I. six counties in Wales had courts of justice on the English pattern. The rest of Wales was subject to the despotic authority of lords marchers, and into their lordships the king's writ did not run. By two statutes of Hen. VIII. (1535 & 1543), (p) the lordships marchers were abolished and Wales was divided into counties with courts of its own.

In 1830 (11 Geo. IV. & 1 Will. IV. c. 70) the separate jurisdiction of the county palatine of Chester and the principality of Wales was abolished, and Wales was included in the English judicial system.

C.L.E.

(n) 6 & 7 Will. IV. c. 19.

(0) 11 Geo. IV. and 1 Will. IV. c. 70.

(p) 27 Hen. VIII. c. 26; 34 & 35 Hen. VIII. c. 26.

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