Europe -- Politics and government; Political science
*178. The County Courts.*--The county courts of the present day (p. 171)
were established under provision of the County Court Act of 1846, and
it is to be observed that they are in no manner connected with the
historic courts of the shire or county. They are known as county
courts, but in point of fact the area of their jurisdiction is a
district which not only is smaller than the county but bears no
relation to it. There are in England at present some five hundred of
these districts, the object of the arrangement being to bring the
agencies of justice close to the people and so to reduce the costs and
delays incident to litigation.[243] The volume of business to be
transacted in a district is insufficient to occupy a judge during any
considerable portion of his working time, and the districts are
grouped in some fifty circuits, to each of which is assigned by the
Lord Chancellor one judge who holds court in each district of his
circuit approximately once a month. The judge sits almost invariably
without a jury, although unless the amount involved is very small
either party to a suit is privileged to request the employment of a
jury of eight persons. The jurisdiction of the county courts has been
enlarged a number of times, notably by a statute of 1905, but it is
still not as extended as many people believe it should be. In a few
matters, such as certain claims of workingmen for injuries, this
jurisdiction is exclusive, but at most points it is concurrent with
the jurisdiction of the High Court of Justice, and Common Law, equity,
bankruptcy, probate, and admiralty cases may be brought, at the
discretion of the plaintiff, in either tribunal, subject to the
restriction that the county court may not assume jurisdiction when the
value in dispute exceeds a certain amount, commonly L100 in Common Law
cases and L500 in cases of equity. On all points of law appeal lies to
the High Court; but appeals are rare.[244]
[Footnote 243: Prior to 1846 justice in civil cases
could be obtained only at Westminster, or, in any
event, by means of an action instituted at
Westminster and tried on circuit.]
[Footnote 244: A few inferior civil courts of
special character have survived from earlier days,
but they are anomalous and do not call for comment.
It may be added that the judges of the county
courts receive a salary of L1,500.]
Public-domain text, read in full here on John Shaqi.
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