County Courts - Law Dictionary Search Results
Home Dictionary Name: county courtsCounty Courts
County Courts. The old County Court was a tribunal inident to the jurisdiction of a sheriff, but was not a Court of Record. Proceedings were removable into a superior court by recordari facias loquelam, or writ of false judgment. Outlawries ofabsconding offenders were here proclaimed.Far more important inferior tribunals have now been established throughout England. They were first established in 1846 by 9 & 10 Vict. c. 95, 'the Act for the more easy recovery of Small Debts and Demands in England,' repealed and re-enacted with fourteen amending Acts by the consolidating and amending (English) County Courts Act, 1888 (51 & 52 Vict. c. 43), an Act very materially but very shortly amended by the (English) County Courts Act, 1903 (3 Dew. 7, c. 42), which came into operation on the 1st January, 1905, and raised the common law jurisdiction from 50l. (to which amount it had been raised by an Act of 1850 from the original 20l. under the Act of 1846) to 100l. The number of jurors was also raise...
Remitter of actions to County Court
Remitter of actions to County Court. See (English) County Courts Act, 1934 (24 & 25 Geo.5, c. 53), s. 45, which replaces the County Courts Act, 1919, s. 1, which took the place of the County Courts Act, 1888, s. 65. The High Court may remit to the County Court any action brought in the High Court where (1) the plaintiff's claim is founded either on contract or tort and the amount claimed or remaining in dispute does not exceed 100l., whether the counterclaim (if any) exceeds or does not exceed 100l.; or (2) the only matter remaining in dispute is a counterclaim, founded on contract or tort, not exceeding 100l; or (3) by s. 50, the plaintiff'' claim is for recovery of land, with or without a claim for rent or mesne profits, by a landlord against a tenant (or some one claiming by, through, or under him), whose term has expired or been determined or has become liable to forfeiture for non-payment of rent, and the action could have been brought in the County Court. S. 46 provides for the r...
county court at law
county court at law often cap C&C&L : a court in some of the more populated counties of Texas that takes on some of the responsibilities of the constitutional county court ...
county court
county court often cap both Cs : a court in some states that has a designated jurisdiction usually both civil and criminal within the limits of a county ...
City of London Court
City of London Court. The City of London Court was, prior to the County Courts Act, 1867 (30 & 31 Vict. c. 142), s. 55, known as the 'Sheriffs Court of the City of London.' Its procedure was, theretofore, regulated by Acts and Rules peculiar to itself; but by the County Courts Act, 1934, s 186, replacing s. 185 of the County Courts Act, 1888, it becomes to all intents and purposes a county Court. by amalgamation with the Mayor's Court of London, it becomes the Mayor's and City of London Court, and the latter possesses the powers and jurisdiction of both the former Courts. See Mayor's and City of London Court Act, 1920 (c. cxxxiv.). As to sittings of the High Court of Justice in the city of London, see ROYAL COURTS OF JUSTICE....
Mandamus
Mandamus [we command). (1) A high prerogative writ of a most extensive remedial nature. In form it is a command issuing in the King's name from the King's Bench Division of the High Court only, and addressed to any person, corporation, or inferior court of judicature requiring them to do something therein specified, which appertains to their office, and which the court holds to be consonant to right and justice. It is used principally for public purposes, and to enforce performance of public duties. It enforces, however, some private rights when they are withheld by public officers.It is a general rule that this writ is only to be issued where a party has no other specific remedy; and he must apply to the court without delay. the jurisdiction is altogether in the discretion of the court. It can only be obtained from the King's Bench Division, and on motion, and not in an action; [(English) R.S.C., Ord. LIII., r. 4]. For rules of procedure, see (English) Crown Office Rules, 1906, rr. 49...
Inferior Courts (UK)
Inferior Courts (UK). They are the Court baron, the hundred Court, the borough civil Court, the County Court, the Mayor's Court, London, and also all courts of a special jurisdiction; but the county Courts are by far the most important of them. They are all controllable by writ of prohibition if they exceed their jurisdiction. See, further, the Borough and Local Courts of Record Act, 1872 (35 & 36 Vict. c. 86); and as to the jurisdic-tion of such courts, and the rules of procedure in force therein, see also the Judicature Act, 1925, ss. 201-209, and COUNTY COURTS.The (English) Inferior Courts Judgments Extension Act, 1882 (45 & 46 Vict. c. 31), following the procedure of the Judgments Extension Act, 1868, which applies to superiors courts only, renders, to a certain extent, judgments obtained in inferior courts in England, Scotland, and Ireland res-pectively, effectual in any other part of the United Kingdom; but the working of the Act is very much cramped by the provision of s. 10, th...
Lord Mayor's Court in London
Lord Mayor's Court in London. An inferior [Cox v. Mayor of London, (1867) LR 2 HL 239] Court of the king, held before the lord mayor and aldermen. Its practice and procedure were amended and its powers enlarged by the Mayor's Court of London Procedure Act, 1857. In this Court the recorder presided, or, in his absence, the common serjeant (s. 43), or the assistant judge appointed under the Borough Courts of Record Act, 1872. The Mayor's and City of London Court Act, 1920, amalgamated the City of London Court (see that title) (the jurisdiction of which was that of county Court) with the Mayor's Court, and by the County Court Act, 1934 (24 & 25 Geo. 5, c. 53), s. 186, now to be deemed a county Court, subject to the Mayor's Court Act of 1920, and the London (City) Small Debts Extension Act, 1852, with all its powers, rights and privileges preserved; and see Bowater & Sons Ltd. v. Davidson's Paper Sales, (1936) 1 KB 465. The conjoint Court thus established has all the powers and jurisdictio...
Appeal, Court of (U.K.)
Appeal, Court of (U.K.), this Court, which was constituted under the Judicature Act, 1873, the Appellate Jurisdiction Act, 1876, and the Judicature Act,1881, has, by Judicature (Consolidation) Act, 1925, s. 26, vested in it the appellate jurisdiction and powers of the Lord Chancellor and of the Court of Appeal in Chancery, and of the same Court as the Court of Appeal in Bankruptcy and from the County Palatine of Lancaster; of the Exchequer Chamber; and of the Judicial Committee of the Privy Council in appeals in Admiralty causes other than in the Prize Court, or in matters of lunacy. The Court (which usually sits in two divisions) consists of (ex officio) the Lord Chancellor, the Lord Chief Justice of England, the Master of the Rolls, and five Lords Justices.The Judges may not sit on appeal from judgments to which they themselves were parties.A puisne judge is occasionally summoned to sit as an additional judge (s. 7).An appeal to this Court lies as of right from any order or judgment ...
Hundred Court
Hundred Court, a larger Court-baron, being held for all the inhabitants of a particular hundred instead of a manor. The free suitors were here also the judges, and the steward the registrar, as in the case of court-baron. It was not a Court of record; it resembled a court-baron in all points except that in point of territory it was of a greater jurisdiction. It was denominated h'reda in the in the Gothic constitution. Causes were removed by the same writ as from a Court-baron, and its proceedings might be reviewed by writ of false judgment. The court is become obsolete, but the County Courts Act, 1888, s. 6, re-enacting s. 14 of the County Courts Act, 1846, still treated it as existing, by providing for the surrender of the right of hold it. The Salford Hundred Court of Record still exists under special statutory provision. See County Courts (Amendment) Act, 1934 (24 & 35 Geo. 5, c. 17), s. 34, which repealed s. 6 as obsolete....
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