County Courts Act 1867
| Jurisdiction | UK Non-devolved |
| Citation | 1867 c. 142 |
| Year | 1867 |
County Courts Act, 1867
(30 & 31 Vict.) C A P. CXLII.
An Act to amend the Acts relating to the Jurisdiction of the County Courts.
[20th August 1867]
Whereas it is desirable to amend the Acts relating to the Jurisdiction of the County Courts:
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 Where Summons may issue.
1. A Plaint may be entered in the County Court within the District of which the Defendant or One of the Defendants shall dwell or carry on his Business at the Time of bringing the Action or Suit, or it may be entered, by Leave of the Judge or Registrar, in the County Court within the District of which the Defendant or One of the Defendants dwelt or carried on Business, at any Time within Six Calendar Months next before the Time of Action or Suit brought, or, with the like Leave, in the County Court in the District of which the Cause of Action or Suit wholly or in part arose.
2 In certain Actions in County Courts Plaintiff may issue Summons, and if Defendant shall not give Notice of Intention to defend, Judgment may be entered up.
2. In any Action brought in a County Court for the Price or Value of Goods or Chattels which or some Part of which were sold and delivered to the Defendant to be dealt with in the way of his Trade, Profession, or Calling, the Plaintiff may, at his Option, cause to be issued a Summons in the ordinary Form, or (upon filing an Affidavit to the Effect set forth in the Form given in Schedule (A.) to this Act) in the Form contained in the Schedule (B.) to this Act, and if such last-mentioned Summons be issued it shall be personally served on the Defendant by the Bailiff of the Court, or, at the Option of the Plaintiff, by the Plaintiff, his Attorney, or by some Clerk or Servant in the permanent Employ of the Plaintiff or his Attorney, Twelve clear Days at the least before the Return Day thereof, and then if the Defendant shall not, at least Six clear Days before such Return Day, give Notice in Writing, signed by himself, his Attorney or Agent, to the Registrar of the Court from which the Summons issued, of his Intention to defend, the Plaintiff may, within Two Months after such Return Day, without giving any Proof of his Claim, have, upon Proof by Affidavit of the Service of the Summons, Judgment entered up against the Defendant for the Amount of his Claim and Costs, such Costs to be taxed by the Registrar; and the Order upon such Judgment shall be for Payment forthwith, or at such Time or Times, and by such Instalments, if any, as the Plaintiff or his Attorney or Agent shall in Writing have consented to take at the Time of the Entry of the Plaint: Provided that where the Defendant shall give such Notice as above specified, the Action shall be heard in the ordinary Course; but in any Event the Registrar shall, immediately after the last Day for giving such Notice, send a Letter to the Plaintiff by Post, stating therein whether the Defendant has or has not given Notice of his Intention to defend.
3 Proceedings commenced in a Metropolitan County Court to be continued therein if Defendant resides in the Districts of One of such Courts.
3. Where an Action is brought in any of the County Courts mentioned in the Section numbered Eighteen of the Act passed in the Session of Parliament holden in the Nineteenth and Twentieth Years of the Reign of Her Majesty, Chapter One hundred and eight, all subsequent Proceedings in such Action shall be taken and had in such Court if the Party against whom the Proceeding is taken or had shall reside or carry on Business within the District of any of such Courts or within the City ofLondon . An Action may be commenced, and all subsequent Proceedings taken and had, in the Court held under the Provisions of ‘The London (City) Small Debts Extension Act, 1852,’ by a Plaintiff residing or carrying on Business within the City of London , against a Defendant who resides or carries on Business within the District of any of such Courts; and an Action may be commenced, and all subsequent Proceedings taken and had, in any of such County Courts by a Plaintiff residing or carrying on Business within the District of any such County Court, against a Defendant who resides or carries on Business within the City of London .
4 No Action for Beer, &c. consumed on the Premises to be brought.
4. No Action shall henceforth be brought or be maintainable in any Court to recover any Debt or Sum of Money alleged to be due in respect of the Sale of any Ale, Porter, Beer, Cider, or Perry which after the Commencement of this Act was consumed on the Premises where sold or supplied, or in respect of any Money or Goods lent or supplied, or of any Security given, for, in, or towards the obtaining of any such Ale, Porter, Beer, Cider, or Perry.
5 Costs not recoverable in Superior Courts where less than 20l on Contract or 10l on Tort.
5. If in any Action commenced after the passing of this Act in any of Her Majesty's Superior Courts of Record the Plaintiff shall recover a Sum not exceeding Twenty Pounds if the Action is founded on Contract, or Ten Pounds if founded on Tort, whether by Verdict, Judgment by Default, or on Demurrer, or otherwise, he shall not be entitled to any Costs of Suit unless the Judge certify on the Record that there was sufficient Reason for bringing such Action in such Superior Court, or unless the Court or a Judge at Chambers shall by Rule or Order allow such Costs.
6 Repeal of s. 17. of 3 & 4 W. 4. c. 42. authorizing the Trial of Issues before a Sheriff where Sum claimed does not exceed 20l
6. The Section numbered Seventeen of the Act passed in the Session of Parliament holden in the Third and Fourth Years of the Reign of His late Majesty KingWilliam the Fourth, Chapter Forty-two, which enables a Superior Court, or a Judge thereof, to direct Issues to be tried before a Sheriff or a Judge of an inferior Court of Record where the Sum sought to be recovered does not exceed Twenty Pounds, and the Court or Judge is satisfied that the Trial will not involve any difficult Question of Fact or Law, shall be and the same is hereby repealed.
7 In certain Cases Judge of Superior Courts may order Cause to be tried in County Court.
7. Where in any Action of Contract brought or commenced in any of Her Majesty's Superior Courts of Common Law the Claim endorsed on the Writ does not exceed Fifty Pounds, or where such Claim, though it originally exceeded Fifty Pounds, is reduced by Payment, an admitted Set-off, or otherwise, to a Sum not exceeding Fifty Pounds, it shall be lawful for the Defendant in the Action, within Eight Days from the Day upon which the Writ shall have been served upon him, if the whole or Part of the Demand of the Plaintiff be contested, to apply to a Judge at Chambers for a Summons to the Plaintiff to Show Cause why such Action should not be tried in the County Court or One of the County Courts in which the Action might have been commenced; and on the Hearing of such Summons the Judge shall, unless there be good Cause to the contrary, order such Action to be tried accordingly, and thereupon the Plaintiff shall lodge the original Writ and the Order with the Registrar of the County Court mentioned in the Order, who shall appoint a Day for the Hearing of the Cause, Notice whereof shall be sent by Post or otherwise by the Registrar to both Parties or their Attorneys, and the Cause and all Proceedings therein shall be heard and taken in such County Court as if the Action had been originally commenced in such County Court; and the Costs of the Parties in respect of Proceedings subsequent to the Order of the Judge of the Superior Court shall be allowed according to the Scale of Costs in use in the County Courts, and the Costs of the Proceedings previously had in the Superior Court shall be allowed according to the Scale in use in such latter Court.
8 Proceedings in Equity may be transferred to County Courts which might have commenced therein.
8. Where, any Suit or Proceeding shall be pending in the High Court of Chancery, which Suit or Proceeding might have been commenced in a County Court, it shall be lawful for any of the Parties thereto to apply at Chambers to the Judge to whose Court the said Suit or Proceeding shall be attached to have the same transferred to the County Court or One of the County Courts in which the same might have been commenced, and such Judge shall have Power upon such Application, or without such Application, if he shall see fit, to make an Order for such Transfer, and thereupon such Suit or Proceeding shall be carried on in the County Court to which the same shall be ordered to be transferred, and the Parties thereto shall have the same Right of Appeal that they would have had had the Suit or Proceeding been commenced in the County Court.
9 Suits in which Jurisdiction under 28 & 29 Vict. c. 99. may be exercised.
9. The Jurisdiction which is given by...
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