CHAPTER XVI.

THE COUNTY COURTS ACT, 1888.

[51 & 52 VICT., CH. 43.]

The County Court Rules and Forms, 1889 and 1892.

THE County Courts (Consolidation) Act was passed on the 13th day of August, 1888, and came into force on the 1st day of January, 1889, on which date also the Orders and Rules, entitled theCounty Court Rules, 1889," also came into force, except as to fees, which came into force on February 1st, 1889. The County Court Rules, 1889, annulled those of 1886, the amended Orders and Rules being substituted therefor.

The "County Court Rules, 1892," were in lieu of certain Rules in the code of 1889, the number of the Order, and of the Rule, in each case being the same as that for which it was substituted in the Orders and Rules of 1889, and may be cited as if it had been one of the "County Court Rules, 1889," and had been numbered therein by the number of the Order and Rule placed in the margin opposite each of those Rules. The Forms were similarly treated as though they were contained in the Orders and Rules of 1889. As it is mainly intended to treat of the claims of employer and employed in this book, it will not be necessary to deal at length with the County Court Rules, 1889 and 1892,

Court and officers.

Officers: the registrar, bailiff, etc.

except in so far as they affect disputes between workmen and their employers, and such other matters as are dealt with in this book.

The following appear to be the chief Orders and Rules having reference to or affecting any proceedings under the Employers and Workmen Act, 1875, the Employers' Liability Act, 1880, and the other Acts herein referred to, relating to workmen specifically or pertaining to them in the capacity of workmen, and to employers under the provisions of the several Acts, not otherwise given.

Abstract of principal Rules, with general references to others.

ORDER I., Rules 1 to 4.-Relate to the sittings of court, notices, days on which registrar's office shall be open, and when closed by special or general order.

ORDER II., Rules 1 to 16.-Relate to the duties of registrar, books to be kept, documents to be filed, issue of processes, summonses, service in foreign districts, copies of documents; particulars are to be annexed to summonses, payments into court, searches and payments out of court (amended by Rule 10A), acknowledgments of payments and deposits, production of court books to treasurer, officer of court not to act as agent to the parties, legacy and succession duties, one Judge acting for another, and custody of securities. Rules 17 to 37 relate to the duties of High Bailiff absence, keeping books, attendance, keeping open office, service of processes (amended by Rule 21A), endorsement of service on copy of summons, notice of non-service (amended by Rule 23A), notice of doubtful service to be given, service by bailiff of foreign court (amended by Rule 25A), return of to home court (amended by Rule 26A), delivery of list of ordinary summonses served, notice of service or non-service of default-summons, order book,

execution and entries of warrants, paying in moneys, holding the proceeds of execution for fourteen days under Bankruptcy Act, withdrawal of notice in cases of bankruptcy, non-execution of warrant in foreign district, as to sale of personal property, possession, where taken till security be given, with Forms and references to Acts. Rule 38 relates to suing by a solicitor, what notices to be sent, etc.*

ORDER III., PARTIES GENERALLY.

1. "All persons may be joined as plaintiffs in Joint whom the right to any relief claimed is alleged to plaintiffs. exist, whether jointly, severally, or in the alternative. And judgment may be given for such one or more of the plaintiffs as may be found to be entitled to relief, for such relief as he or they may be entitled to, without any amendment. But the defendant, though unsuccessful, shall be entitled to any extra costs occasioned by so joining any person who shall not be found entitled to relief, unless the Court in disposing of the costs of the action shall otherwise direct."

ants.

2. "All persons may be joined as defendants Joint against whom the right to any relief is alleged to defendexist, whether jointly, severally, or in the alternative." In this case the provisions are similar to those in the last Rule.

3. "It shall not be necessary that every defendant shall be interested as to all the relief prayed for, or as to every cause of action included in any proceeding against him; but the Judge or registrar may make such order as may appear just to prevent any defendant from being embarrassed or put to expense by being required to attend any proceed

*NOTE.-Where a letter follows the number of a Rule, thus: 9A, 9B, etc., it denotes that it is a new Rule, or amended Rule of a date subsequent to 1889. In some instances a Rule is annulled, no new Rule being substituted.

R

Trustees,

and others

may sue and be

ings in such action in which he may have no interest."

4. "The plaintiff may, at his option, join as parties to the same action all or any of the persons severally, or jointly and severally, liable on any one contract.'

5. "Where the plaintiff is in doubt as to the person from whom he is entitled to redress, he may join two or more defendants, to the intent that the question as to which, if any, of the defendants is liable, and to what extent, may be determined as between all parties."

6. "Trustees, executors, and administrators may executors, sue and be sued on behalf of or as representing the property or estate of which they are trustees or representatives, without joining any of the persons sued with beneficially interested in the trust or estate, and out joining shall be considered as representing such persons; parties but the Judge may, at any stage of the proceedings, order any of such persons to be made parties to the action, either in addition to or in lieu of the previously existing parties thereto."

beneficially

interested.

Where parties

one or

7. "Where there are numerous persons having the same interest in one action or matter, one or numerous, more of such persons may sue or be sued, or more may may be authorised, at or before the trial, by the sue or be Judge or registrar to defend in such action or defend for matter, on behalf or for the benefit of all parties so the benefit interested."

sued, or

of all. Where

defendant

desires to defend on

behalf of

others.

8. "Where a defendant desires to defend on behalf or for the benefit of others having the same interest, he shall within two clear days of the date of the service of the summons upon him give notice to the plaintiff of his intention to apply, Form 111. upon a day and hour to be named in such notice, to the registrar for leave so to defend, and shall file an affidavit of the facts upon which he relies to obtain such leave, together with the names, addresses, and occupations of such persons, and the registrar may thereupon make an order for the

defendant so to defend, and shall add the names to that of the defendant in the plaint and minute book, and a copy of such order shall be personally served on each of such persons, and notice sent to the plaintiff according to Form 111.

Provided that the plaintiff or any of the persons whose names have been so added may at the trial object to the defendant defending on behalf of all or any of the persons as to whom such order has been made, and the Judge may thereupon, if he think fit, strike the names of all or any of such persons out of the proceedings, and order the defendant to pay such costs as he shall think fit."

51 & 52

Persons under disability.-9. "Infants may sue Infants as plaintiffs by their next friends, and may defend may sue. by their guardians appointed for that purpose, but Vict. c. 43, nothing herein contained shall affect the right of s. 96. any infant to sue as if he were of full age, in the cases enumerated in § 96 of the Act."

for wages.

The section referred to enacts: "It shall be Minors lawful for any person under the age of twenty-one may sue years to prosecute any action in the Court for any sum of money not greater than £50 which may be due to him for wages or piece work, or for work as a servant, in the same manner as if he were of full age."-County Courts Act, 1888 (51 & 52 Vict. c. 43), § 96.

45 & 46

10. "In those cases to which the Married Married Women's Property Act, 1882, does not apply, a women. married woman may sue by her next friend; never- Vict. c. 75. theless, by leave of the Judge or registrar she may sue or defend without her husband and without a next friend, on giving such security, if any, for costs, as the Judge or registrar may require, and such leave may, in the discretion of the Judge or registrar, be given with or without the imposition of terms, at the trial, or at any time during the course of the action or matter."

11 and 12. Relate to suits by and against lunatics and persons of unsound mind.