County Courts (England) Act 1846

JurisdictionUK Non-devolved
Citation1846 c. 95
Anno Regni VICTORI, Britanniarum Regin,Nono & Decimo. An Act for the more easy Recovery of Small Debts and Demands inEngland .

(9 & 10 Vict.) C A P. XCV.

[28th August 1846]

'WHEREAS sundry Acts of Parliament have been passed from Time to Time for the more easy and speedy Recovery of Small Debts within certain Towns, Parishes, and Places inEngland: And whereas by an Act passed in the Eighth Year of the Reign of Her Majesty, intituled An Act to amend the Laws of Insolvency, Bankruptcy, and Execution , Arrest upon Final Process in Actions of Debt not exceeding Twenty Pounds was abolished, except as to certain Cases of Fraud and other Misconduct of the Debtors therein mentioned: And whereas by an Act passed in the Ninth Year of the Reign of Her said Majesty, intituled An Act for the better securing the Payment of Small Debts , further Remedies were given to Judgment Creditors, in respect of Debts not exceeding Twenty Pounds, for the Discovery of the Property of Debtors, and Punishment of Frauds committed by them: And whereas by the last-mentioned Act Her Majesty is enabled, with the Advice of Her Privy Council, to extend the Jurisdiction of certain Courts of Requests and other Courts for the Recovery of Small Debts to all Debts and Demands, and all Damages arising out of any express or implied Agreement, not exceeding Twenty Pounds, and also to enlarge and in certain Cases to contract the District of such Courts, and make certain other Alterations in the Practice of such Courts in manner in the now reciting Act mentioned; and it is expedient that the Provisions of such Acts should be amended, and that One Rule and Manner of proceeding for the Recovery of Small Debts and Demands should prevail throughout England: And whereas the County Court is a Court of ancient Jurisdiction having Cognizance of all Pleas of Personal Actions to any Amount by virtue of a Writ of Justicies issued in that Behalf: And whereas the Proceedings in the County Court are dilatory and expensive, and it is expedient to alter and regulate the Manner of proceeding in the said Courts for the Recovery of Small Debts and Demands, and that the Courts established under the recited Acts of Parliament, or such of them as ought to be continued, should be holden after the passing of this Act as Branches of the County Court under the Provisions of this Acts and that Power should be given to Her Majesty to effect these Changes at such Times and in such Manner as may be deemed expedient by Her Majesty, with the Advice of Her Privy Council:' 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 Authorityof the same, That it shall be lawful for Her Majesty, with the Advice of Her Privy Council, from Time to Time to order that this Act shall be put in force in such County or Counties as to Her Majesty, with the Advice aforesaid, from Time to Time shall seem fit; and this Act shall extend to those Counties concerning which any such Order shall have been made, and not otherwise or elsewhere: Provided always, that no Court shall be established under this Act in the City ofLondon .

S-II Counties to be divided into Districts.

II Counties to be divided into Districts.

II. And be it enacted, That it shall be lawful for Her Majesty, with the Advice aforesaid, to divide the whole or Part of any such County, including all Counties of Cities and Counties of Towns, Cities, Boroughs, Towns, Ports, and Places, Liberties, and Franchises therein contained, or thereunto adjoining, into Districts, and to order that the County Court shall be holden for the Recovery of Debts and Demands under this Act in each of such Districts, and from Time to Time to alter such Districts as to Her Majesty with the Advice aforesaid, shall seem fit, and to order from Time to Time that the Number of Districts in and for which the Court shall be holden shall be increased until the whole of such County shall be within the Provisions of this Act, and with the Advice aforesaid to alter the Place of holding any such Court, or to order that the holding of any such Court be discontinued, or to consolidate any Two or more of such Districts, and from Time to Time, with the Advice aforesaid, to declare by what Name and in what Towns and Places the County Court shall be holden in each District; and if it shall appear to Her Majesty that any Part of any County, Liberty, City, Borough, or District may conveniently be declared within the Jurisdiction of the County Court of an adjoining County, it shall be lawful for Her Majesty, with the Advice aforesaid, to order that such Part shall be taken to be within the Jurisdiction of the County Court holden for the Purposes of this Act for such adjoining County in and for such District as Her Majesty shall order, in like Manner as if it were Part of such adjoining County.

S-III Courts held under this Act to have the same Jurisdiction as County Courts.

III Courts held under this Act to have the same Jurisdiction as County Courts.

III. And be it enacted, That every Court to be holden under this Act shall have all the Jurisdiction and Powers of the County Court for the Recovery of Debts and Demands, as altered by this Act, throughout the whole District for which it is holden, and there shall be a Judge for each District to be created under this Act, and the County Court may be holden simultaneously in all or any of such Districts; and every Court holden under this Act shall be a Court of Record.

S-IV Preserving the Jurisdiction of County Courts.

IV Preserving the Jurisdiction of County Courts.

IV. And be it enacted, That for all Purposes, except those which shall be within the Jurisdiction of the Courts holden under this Act, the County Court shall be holden as if this Act had not been passed; and all Proceedings commenced in the County Court of any County before the Time when any Court shall be holden under this Act in such County may be continued, executed, and enforced against all Persons liable thereunto, in the same Manner as if they had been commenced under the Authority of this Act.

S-V Her Majesty may order any Court under Acts in Schedules \(A.) and \(B.) to be held as a County Court, and may assign a District to the same.

V Her Majesty may order any Court under Acts in Schedules \(A.) and \(B.) to be held as a County Court, and may assign a District to the same.

V. And be it enacted, That it shall be lawful for Her Majesty, with the Advice of Her Privy Council, to order that any Court holden for the Recovery of Small Debts or Demands within the Provisions of any Act cited in either of the Schedules annexed to this Act, and marked (A.) and (B.) respectively, shall be holden as a County Court; and it shall be lawful for Her Majesty, with the Advice aforesaid, to assign a District to every such Court, either greater or less than the District in which the Court holden under the Provisions of any such Act now has Jurisdiction, and to alter the Place of holding any such Court, or to order that any such Court be abolished; and every such Court shall continue to be holden under the Act according to which it is now constituted or regulated until the Time mentioned in any such Order which shall be made with reference to such Court; and from and after the Time mentioned in any such Order the Act or Acts under which such Court is now constituted, so far as the same relate to the Establishment or Jurisdiction or Practice of a Court for the Recovery of Small Debts or Demands, shall be repealed, but not so as to revive any Act thereby repealed; and such Court so ordered to be holden as a County Court shall thenceforth be holden as a County Court under this Act, and in all respects as if it had been originally constituted under the Provisions of this Act.

S-VI When a Court shall be established under this Act, recited Acts and all other Acts affecting its Jurisdiction repealed.

VI When a Court shall be established under this Act, recited Acts and all other Acts affecting its Jurisdiction repealed.

VI. And be it enacted, That as soon as a Court shall have been established in any District under this Act, and also at the Time mentioned in any such Order which shall have been made as aforesaid for holding any of the Courts mentioned in either of the said Schedules as a County Court under this Act, the several Provisions and Enactments of the said Acts of Parliament of the Eighth and of the Ninth Year of the Reign of Her Majesty, and of every other Act of Parliament heretofore passed, so far as the same respectively relate to or affect the Jurisdiction and Practice of the Court so established or ordered to be holden as a County Court, or give Jurisdiction to any Court or to any Commissioner of the Court of Bankruptcy, with respect to Judgments or Orders obtained in the Court so established or ordered to be holden as a County Court, shall be repealed.

S-VII Proceedings under former Acts to be valid.

VII Proceedings under former Acts to be valid.

VII. Provided always, and be it enacted, That all Proceedings in execution of the said Acts or any of them commenced before the passing of this Act, or before the Days severally appointed for the Alteration of the Constitution of the said Courts, shall be as valid to all Intents and Purposes as if this Act had not been passed, or as if the said Courts had not been altered, and may be continued, executed, and enforced against all Persons liable thereto in the same Manner as if they had been commenced under the Authority of this Act.

S-VIII Orders in Council to be published in the London Gazette.

VIII Orders in Council to be published in the London Gazette.

VIII. And be it enacted, That any Order in Council made for the Purposes of this Act shall be published in theLondon Gazette; and Notice of the Intention of Her Majesty to take into consideration the Propriety of making any such Order shall be published in...

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