The Practice and Evidence IN THE COUNTY COURTS. PART IV. THE JURISDICTION AND PRACTICE OF THE 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. Jurisdiction in equity to be exercised in county § 1.—EQUITABLE JURISDICTION IN general. It has been elsewhere observed that no proposition can be clearer Nevertheless, in particular cases, the jurisdiction and powers of 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%. (d) See Vol. I. p. 29. |