at application on the part of the defendant that this action shall be stayed pursuant to the provisions of sec. 31 of the County Courts Act, 1867, the same having been brought in respect of a claim made by the plaintiff to certain goods taken in execution under a warrant of the County Court of holden issued on the by A. B. [or the defendant] against one F. G. and the registrar of the said County Court having on the issued a summons calling before the said Court the said A. B. [or the defendant] and the plaintiff in order that the Judge of the said Court might adjudicate thereon pursuant to the said statute and that the plaintiff shall pay the costs incurred in this action by the defendant, after the issue of the said summons, together with the costs of this application. Dated the -day of 18This summons was taken out by W. E., of Solicitor for the defendant. To the plaintiff and Mr. J. B., his Solicitor or Agent. 3. Affidavit of Service of Summons. In the High Court of Justice, 18 No Queen's Bench Division. I, Between A. B., plaintiff, C. D., defendant. of, clerk to Mr. W. C., of the same place, solicitor for the abovenamed defendant make oath and say as follows: 18-, before the hour of in the noon I did on the day of [i.e. before six in the evening of ang day except Saturday and before two in the afternoon of that day] serve the above-named plaintiff (or J. B., of solicitor for the above-named plaintiff) with a true copy duly stamped of the summons hereto annexed marked A, by leaving it at the situate at with his clerk (or servant) there. [To be endorsed: This affidavit is filed on behalf of of the said Upon hearing the solicitors on both sides and upon reading the affidavit of filed the day of, 18-. It is ordered that all further proceedings in this action shall be stayed pursuant to the provisions of sec. 31 of the County Courts Act, 1867, and that the plaintiff do pay defendant's costs incurred in this action since the and also the defendant's costs of the application for and of this order. Dated the day of 18-. 5. Application to stay Action if brought in a County Court. The affidavit in support should be entitled in the action and contain statements similar to those in an affidavit when the action is commenced in the High Court. 6. Notice of the Application. Take notice that the defendant intends to apply to the Judge of the Court on -day the -, 18- at o'clock in the forenoon for an order to stay all further proceedings in this action, under sec. 31, &c. [continue as in the foregoing summons down to the word "statute"] and also that you shall pay the costs incurred, &c. с will be used in support of the An affidavit of the defendant sworn on said application and a copy of such affidavit is herewith delivered to you. on the 7. Order staying Action. Upon the application of the defendant and upon reading his affidavit sworn It is ordered that all further proceedings in this action shall be stayed pursuant, &c. (as in an order in the High Court). Given under the seal of the Court this To Mr. Registrar of the Court. 8. Indemnity to High Bailiff for Selling under Execution. High Bailiff of the County Court. I request you to sell the goods which have been seized by you under a warrant of execution issued by me against C. D. and if you will do so notwithstanding the claim made to such goods by E. F. I undertake and agree to indemnify you against all loss, costs, damages and expenses which you may sustain or be put to for or by reason of the seizure and sale of the said goods and also from and against all actions and other proceedings which may be commenced or prosecuted against you for the same causes. Dated 18-. [To be stamped as an Agreement.] 9. Indemnity to High Bailiff for withdrawing from Possession under Execution. To Mr. High Bailiff of the County Court. I request you to give up to me the goods which you have seized under a warrant of execution issued against me by E. F. and if you will do so I undertake and agree to indemnify you against all loss, costs, damages and expenses which you may sustain or incur for or by reason of your having given up to me the goods so seized by you and also from and against all actions and other proceedings which may be commenced or prosecuted against you for the same cause. Dated 18. [To be stamped as an Agreement.] Neglect by Bailiffs. 1. Complaint for not Levying Execution against Goods. (C. C. Act, 1846, sec. 115.) In the County Court of holden at day of I, C. D. of &c., hereby make the following complaint against E. F., a bailiff of the above Court:On the last I issued a warrant of execution against the goods of G. H. in an action brought by me as plaintiff. On the following day such warrant was delivered to the said E. F. and he was directed to levy the same, but he took no steps in the matter until after the expiration of fourteen days from the time of his receiving the said warrant. On the day of the said G. II. sold the whole of his goods and chattels and immediately thereupon left this country. By reason of such neglect of the said E. F. I lost the opportunity of levying the said execution and I have sustained damages to the amount of £-being the sum of money for which the said execution was issued. Dated C. D. Where the complaint is for connivance, state the facts thus: "that the said E. F. after taking possession of the goods of the said G. H. under the said warrant of execution withdrew from such possession at the request of the said G. H., and on his promise to pay in seven days the amount levied for, and the same costs of possession as would be payable if the said E. F. had continued in possession." 2. Summons to the Bailiff. This and the subsequent proceedings should be headed in the Court, and in the matter of a complaint made by C. D. of [add description] and sec. 115 of 9 & 10 Vict., chap. 95. The summons may be in the form of an ordinary summons in an action (without the items of debt and costs and the endorsement), but substituting for the words "to answer the plaintiff to a claim," &c., the following words "to answer the complaint of the said C. D., a copy of which is hereto annexed." Whereas on the 3. Order when Complaint Proved. day of C. D. of, &c., made a complaint against E. F. a bailiff of this Court of having by neglect [or connivance or omission] lost the opportunity of levying an execution against the goods of G. H. which was issued by the said C. D. in an action brought by him against the said G. HI. And whereas the matter of the said complaint has been this day enquired into by His Honour the Judge of the Court and the fact alleged having been proved to the satisfaction of the Court on the oath of a credible witness, It is hereby ordered that the said E. F. do forthwith [or on or before the day of -] pay to the registrar of the Court for the use of the said C. D. the sum of £- as damages sustained by the said C. D., being the amount for which the said execution was issued. High bailiffs being responsible for the acts and defaults of their subbailiffs (sec. 33 of the C. C. Act, 1846), proceedings may be taken against them under section 115, and it will be prudent in all cases to proceed against a high bailiff rather than against the subordinate officer, inasmuch as it is at the least doubtful whether the liability of the high bailiff under that section would continue after an order has been made against the sub-bailiff. By the terms of section 115, the above proceeding is only available to a plaintiff, and the application must be made to the Court of which the bailiff is an officer. In reference to the latter, it will be a matter for consideration whether it will not be better to proceed against the high bailiff by action, in which case he may be sued in any adjoining district; but it is thought that a rule should be made enabling a complaining plaintiff to resort to the summary remedy of section 115 in the Court of some Judge who is not the Judge of the high bailiff's district, as in cases under sec. 20 of the C. C. Act, 1856. Neglect of High Bailiff of Foreign Court to return Copy Summons to the Home Court. (O. 2, r. 26.) I, C. D. of 1. On the 4. Affidavit of Posting Summons to the High Bailiff. clerk to the registrar of the above Court make oath and say: day of 18-, I posted at the General Post Office in enclosed in an envelope duly stamped and addressed to the high bailiff of the County Court the summons issued in the above action and a copy thereof with a letter according to Form 10 in the Appendix to the County Court Rules, 1886-the said summons was returnable on this day. has not yet 2. Mr. G. H. the high bailiff of the said County Court at returned to the registrar of this Court the copy summons so transmitted to him [or did not return before to the registrar of this Court the said copy summons before the day of [To be written at the foot of the above Affidavit.] Upon reading the above affidavit I direct the registrar to give notice to G. II. the high bailiff of the said County Court at that I will at a Court to be held on day, the - day of unless such high bailiff show cause to the contrary, make an order directing him to pay to the plaintiff such sum as I may think reasonable as compensation for any loss of time and expense which may have been caused to the plaintiff by the neglect mentioned in the said affidavit. Dated Judge. 5. Notice to the High Bailiff. This will be prepared by the registrar of the home Court and be sent by post to the high bailiff. The notice will be in form 175 in the Appendix to the C. C. Rules, 1886. 6. Order for Payment of Compensation to Plaintiff. No form of order is provided by the rules, and on the construction of the rule in question it would appear that the order may be a verbal one recorded by a memorandum made in the Minute-book. The rule, however, directs that a notice in form No. 176 shall be transmitted by the registrar of the home Court to the high bailiff of the foreign Court. Misconduct of Officers. 1. Charge of Extortion or not paying over or accounting for Money. (C. C. Act, 1846, sec. 116.) In the County Court of holden at I, C. D. of hereby make the following complaint and charge against E. F. the registrar [or high bailiff, or a bailiff] of the above Court, namely: That the said E. F. whilst acting under colour or pretence of the process of the said Court, to wit, a warrant of execution against my goods [or a warrant of commitment against me] issued in an action numbered brought by 0. N. against me was on the day of ——, 18— guilty of extortion in his office by unlawfully obtaining from me the sum of £3 over and above the amount then payable by me in satisfaction of the said execution [or in discharge of the said commitment] under the false pretence and statement by him that the amount required to satisfy [or discharge] the same was the sum of £- whereas the sum of £-only and no more was required for that purpose. Dated 18-. Signed in the presence of A. Y. of} C. D. Complaints for other misconduct or for not accounting or paying over money levied by the offending officer, may be framed from the above example; but in the latter case the terms of the complaint will be that the said E. F. did not account for or pay over to G. H., the high bailiff [or registrar] of the said Court, the sum of £ which he had levied and received from last, under a warrant of execution, &c. one X. Y., on the day of 2. Appointment to Hear the Charge (to be written at the foot of the complaint). This and the subsequent proceedings should be entitled in the Court, and in the matter of a complaint made by C. D. of [add description] and sec. 116 of 9 & 10 Vict., chap. 95—the summons may be in the form of an ordinary summons in an action (without the endorsement and the items of debt and costs) but substituting for the words "to answer the plaintiff to a claim, &c.," the following words :-" to answer the complaint of the said C. D., who has charged you with extortion [or misconduct] in your office of a bailiff of this Court, a copy of which complaint is hereto annexed." In a case of not paying over or accounting for money, the words to be substituted may be,"to answer the complaint of C. D., the high bailiff of the said Court, who has charged you with not accounting for or paying over," &c. as in the complaint. 4. Summons to Witness. (Forms 145 and 146 in the Appendix to the Rules of 1886 may be readily adapted to this case.) 5. Order Dismissing the Complaint. day of Whereas on the —, 18— C. D. of made a complaint and charge against E. F. [describing his office] that the said E. F., &c. [following the terms of the complaint to the end]. And whereas His Honour the Judge of the Court having this day enquired into the matter of the said complaint and charge in a summary way, in accordance in all respects with the provisions of sec. 116 of the County Courts Act, 1846: It is adjudged that the said E. F. is not guilty of the offence charged against him, and accordingly that the said complaint do stand dismissed. Given under the Seal of the Court this day of, 18—. Registrar of the Court. Unless sec. 88 of the C. C. Act, 1846, applies (which appears doubtful) it would seem that the Court has no power to award costs to the officer, although he may be ordered to pay them in the event of the complaint being proved. 6. Order when Charge substantiated. Proceed as in last Form down to the asterisk* but omitting the word not in the adjudication and add, and it is ordered that the said E. F. do forthwith [or on or before the day of, 18-] pay to the registrar of this Court for the use of the said C. D. the said sum of £3 so extorted [or levied by him] as aforesaid and the sum of £- for damages sustained by the said C. D. by reason of the said offence and also the costs incurred by him in relation to his said complaint and charge. And it is further ordered that the said E. F. do forthwith [or as the case may be] pay to the Registrar of this Court the sum of £5 as and by way of a fine for his said offence [conclude as usual]. 7. Proceedings against Officers for taking Fees or Rewards corruptly. It is considered that these proceedings may be originated by a complaint or charge presented to the Judge, either by the party aggrieved or by any other person in the capacity of an informant. The Judge will then make a formal appointment for enquiring into the charge and cause notice (with a copy of the charge) to be served upon the officer. The matter will be then heard by the Judge in the usual way, and if he finds the charge proved, will make an order |