The Strand Magazine, Vol. 01, No. 05, May 1891: An Illustrated MonthlyVarious
General
The Strand Magazine, Vol. 01, No. 05, May 1891: An Illustrated Monthly
Various
English literature -- Periodicals; Short stories, English -- Periodicals
The Court was, at the time referred to, an assembly of the freemen of
a county, presided over by the Bishop and the ealderman of a shire;
"the one to teach the laws of God, and the other the law of the land."
The actual judges, however, were the freemen themselves. The ancient
functions of the County Court comprised the election of knights of
the shire, the election of coroners, proclamations of outlawry, and
"consultation and direction concerning the ordering of the county
for the safety and peace thereof." It exercised jurisdiction in
ecclesiastical suits, and appellate jurisdiction in certain criminal
cases; it was empowered to try all civil cases where the amount in
dispute did not exceed forty shillings (a large sum in those days), and
by special authority, all personal actions to any amount. It will thus
be seen that in old times the County Court possessed all the elements
of a popular institution. It flourished for many centuries in full
vigour, and to such a degree had it gained the confidence of the public
that it practically exercised civil jurisdiction to the exclusion of
all other courts.
[Illustration: SOLICITOR AND CLIENT.]
Of course it was hardly to be expected that our ancestral law-makers
would allow such a satisfactory state of things to continue, and in the
reign of Henry I. it was virtually "improved" away by the establishment
of itinerant justices, the predecessors of our present judges of
assize. It appears, however, that the new arrangement did not work
very well. There were numerous complaints of delay and expense that
prevented suitors from obtaining justice. So, to meet this difficulty,
James I. established the "Courts of Requests" throughout the country,
with a limited jurisdiction, and it was not until the year 1846 that
these Courts were abolished, and that the County Court was established
in its present form.
The modern County Court is, as may be imagined, a very different affair
from its predecessors. While retaining part of its ancient jurisdiction
in common law, its powers have been altered and extended to such a
degree, that they now cover a vast field of contentious matter.
It has jurisdiction in all actions of contract for less than £50, and
in all actions for wrongs where the amount claimed does not exceed £50.
To this general rule, however, there are many exceptions, with which it
is unnecessary to trouble the reader.
Public-domain text, read in full here on John Shaqi.
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