The Practice and Evidence

IN

THE COUNTY COURTS.

PART IV.

THE JURISDICTION AND PRACTICE OF THE
COUNTY COURTS IN EQUITY.

CHAPTER I.

THE JURISDICTION IN EQUITY.

§ 1.-EQUITABLE JURISDICTION in general.

§ 2. JURISDICTION IN SUITS BY CREDITORS, LEGATEES, DEVISEES, HEIRS-AT-LAW AND NEXT OF KIN.

§ 3.-JURISDICTION IN SUITS FOR THE EXECUTION OF TRUSTS. § 4. JURISDICTION IN SUITS FOR FORECLOSURE OR REDEMPTION, OR FOR ENFORCING ANY CHARGE OR LIEN.

OR

§ 5.-JURISDICTION IN SUITS FOR SPECIFIC PERFORMANCE OF, FOR THE DELIVERING UP OR CANCELLING, ANY AGREEMENT FOR THE SALE OR PURCHASE OF PROPERTY.

§ 6.-JURISDICTION IN SUITS FOR PARTITION.

§ 7-JURISDICTION IN PROCEEDINGS UNDER THE TRUSTEES RELIEF ACTS, OR UNDER THE TRUSTEE ACTS.

§ 8.-JURISDICTION IN PROCEEDINGS RELATING TO THE MAINTENANCE OR ADVANCEMENT OF INFANTS.

§ 9.-JURISDICTION IN QUESTIONS AS TO THE SEPARATE PROPERTY OF MARRIED WOMEN.

§ 10. JURISDICTION IN SUITS FOR THE DISSOLUTION OR WINDING-UP OF ANY PARTNERSHIP.

§ 11. JURISDICTION IN PROCEEDINGS FOR ORDERS IN THE Nature of INJUNCTIONS, OR FOR STAY OF PROCEEDINGS AT LAW.

§ 12. JURISDICTION IN SUITS TRANSFERRED TO THE COUNTY

D.

COURTS.

VOL. II.

B

PART IV.
CHAP. I.

Jurisdiction in equity to be exercised in county

§ 1.—EQUITABLE JURISDICTION IN general.

It has been elsewhere observed that no proposition can be clearer
than that the rights of suitors, under the primary and ordinary
jurisdiction of the county courts, are governed and controlled by
the common law of this country, and that the judges of the county
courts are equally bound with the judges of the superior courts of
common law to administer the law according to the course of
that common law, as distinguished from the principles and practice
of the courts of equity (a.

Nevertheless, in particular cases, the jurisdiction and powers of
the Court of Chancery have been from time to time conferred on
the county courts. Under the original County Court Act (9 & 10
Vict. c. 95, s. 65), the jurisdiction of the county court extended to
the recovery of any demand not exceeding the sum of twenty
pounds (b), which is the whole or part of the unliquidated balance
of a partnership account, or the amount or part of the amount
of a distributive share under an intestacy, or of any legacy under
a will (c).

So far as relates to partnerships, however, this was but a trifling extension of the common law jurisdiction; for it is a settled rule that if partners finally balance all their accounts, an action at law lies for the ascertained balance; and it seems that, to give the county court jurisdiction under this provision, the partnership must be determined, although the balance be not settled (d).

By the Charitable Trusts Acts (16 & 17 Vict. c. 137, s. 33; 23 & 24 Vict. c. 136, s. 11) jurisdiction was conferred on the county court, in the case of small charities, to give such equitable relief and make such orders and directions as might be given by the Court of Chancery.

So in the case of the dissolution of literary and scientific institutions by 17 & 18 Vict. c. 112, and again by the statute 18 & 19 Vict. c. 63, the county court has all the powers of the Court of Chancery in disputes and other matters arising in relation to friendly societies, and by the 25 & 26 Vict. c. 87, in winding up industrial and provident societies.

As already remarked (e), however, all this jurisdiction is trifling compared with the jurisdiction subsequently conferred by "The County Courts Act, 1865" (28 & 29 Vict. c. 99).

That act, reciting that "it is desirable to confer on the county courts jurisdiction in equity," enacted:

Sect. 1. "The county courts held by virtue of an act passed in the session of parliament holden in the ninth and tenth years of the reign of her present majesty, chapter ninety-five, shall have and exercise all the

(a) See Vol. I. p. 58.

(b) Subsequently extended to 50%.
(c) See Vol. I. pp. 29, 767.

(d) See Vol. I. p. 29.
(e) Vol. I. p. 46.