LIE) RARY OF THE UNIVLRSITY Of ILLINOIS / THE EXISTING SYSTEM OF COUNTY COURTS CONSIDERED, WITH A VIEW TO A REFORM THE CONSTITUTIOI^ AND PROCEDURE LOCAL COURTS OF JUSTICE. RICHARD HAEINGTON, Judge of County Courts, Circuit No. 22. SIMPKIN, MARSHALL, AND CO MaxttQitx : DEIGHTON AND SON. ^JJ»i U1U< INTEODUCTORY OBSERVATIONS. The following paper has been -written at intervals during a busy year. Much of it has been the employment of hours which would have been otherwise wasted in travelling and waiting, like those an account of which for 1874 will be found in Appendix B. Although the paper itself is but short, the com- pletion of the Appendices required for the verification of the theories on which the suggestions made are fovmded has been in itself no small labour. It would have been idle, it was thought, to submit to the judgment of those who it is hoped may be induced to read this paper, specixlations as to the working of the suggested alterations, without laying before the reader fully the process by which those speculations are arrived at, and the facts on which they are founded. This work involved in the compilation of Appendix C alone, the doing of about 3,600 addition, subtraction, and division sums, and in many instances the checking of the accuracy of the results by other processes. The consequence has been that the work has occupied a much longer time than it was originally expected that it would have taken, and d\iringits progress the greatest revolution in practice and procedure which the Courts at West- minster Hall have ever seen has been consummated, and the County Courts themselves have been affected by three important Acts of Parliament, and their procedure entirely remodelled to admit of the application of the new principles thereto by the Consolidated County Court Orders, 1875. These Orders, and the Statute 38 and 39 Vict,, c. 60 (County Courts Act, 1S75), affect in a great measure the questions considered in the following paper, and it is an encouragement to its publication to find, that although by a process widely different from that suggested by its author, the legislation both of Parliament and of the Standing Committee of County Court Judges is tending in the direction towards which he urges more complete and speedy progress. Much, for instance, that it is hoped would result from giving effect to the proposal for increased facilities for admission, in the way of the separation of mere debt collecting from litigious business, may be expected to follow from the extension of the practice of issuing default summonses provided for by section 1 of the County Courts Act, 1875. The usefulness of the Act has, however (it is submitted), been much curtailed by the width of the enactment and the narro-miess of the rule (Consolidated Order IV. 5) framed, not to give effect to, but to limit the operation of the Statute. By this rule all defend- ants who are domestic or menial servants, labourers, artificers, handicraftsmen, miners, or persons engaged in manual labour, in other words, 90 per cent, of County Court defendants, are excluded from the operation of the Act, unless the claim is more than £5, or the goods sold were to be used in the way of defendant's trade. The reason which operated on the minds of the framers of the rule has not as yet been made public, but it may well be_ supposed to have arisen out of the necessity of imposing a check on plaintiffs, who on a default sun:^.^ons under the Statute can claim judgment for payment forth- ■\vith, or by such instalments only as they choose to accept, and are not in this matter subject to the order of the Court; or else out of the difficiilty of enforcing the transmission of a wTitten notice of defence by illiterate defendants. In the case of the first alternative the difficulty would be avoided (as the author of this paper during the progress of the Act through Parliament ventured to suggest shoiild be done,) by making the judgment for payment forthwith, or by such instalments as the Judge or Registrar should order. In the case of the second alternative it is got rid of by the suggestion contained in the text for making the notice of defence oral to the serving bailiff. And it is to be observed that the control of the mode of payment, except when the defendant has property capable of being taken in execution, in which case the Court would not order pajTuent by instalments in the first instance, must in all cases be lUtimately vested in the Coiut, because the INTRODUCTORY OBSERVATIONS. payment has to be enforced by commitment summons, and according to what is the nearly universal practice no warrant would be allowed to issue so long as the debtor paid off his debt by such instalments as might under all the circumstances be reasonable. Again, Consolidated Order XII., rule 2, if administered in a judicious spii-it, will do much to countervail the inconveniences arising from the absence of any notice to the plaintiff of the nature of the defence in ordinary cases. Another important novelty introduced by the County Courts Act, 1875, is the provision for the use of Assessors — but here again the adoption of a series of rules which will, there is reason to fear, interfere with the usefulness of the reform, is to be regretted. By Consolidated Order XXXII., a kind of panel of Assessors is to be made for each Court, from which the individuals to act are to be selected, and their remuneration is to be uniform at one guinea or two guineas, according as the subject matter of the action does not or does exceed £20. The creation of the proposed panel will, it is feared, unduly limit the choice of Assessors in the particular case, while the uniform ' remuneration is too liberal in the case of one, and too niggardly in the case of the other end of the social class from which the Assessors ought, if they are to include persons of all trades, to be selected. Nor does the pecuniary amount of the question at issue appear to be at all a fair criterion of the quality of Assessors required. Take the case of an action on a building contract, the work done under which was of the value of £100, but has been paid for lay instalments, reducing the claim to £10, the question between the parties being whether this £10 had been forfeited by plaintiff's non-performance of the whole contract. In such a case the transactions to be investigated and the mercantile skill and experience required to assist the Judge might be very great, yet he could have the assistance of no Assessor who would not work for a guinea a day, while, on the other hand, in an action on a similar contract covering work to the extent of £25 only, and involving, probably, questions of far less difficulty, the Assessor would be entitled to two guineas. In conclusion, the author of this paper trusts that it will not be sum- marily thrown aside, because some of the more important changes which he proposes may not commend themselves to the reader. He has dealt in many matters, with small points as well as large, and while he refers to and incorporates the apology for the boldness of the task he has undertaken, with which the following paper concludes, he cannot help cherishing the hope that even if the mass of what he has written be chaff only, there may still be at least a few grains of corn to be extracted by the winnowing of the impartial and forbearing critic. Whitbourne Court, Worcester, March, 1876. I. ON THE FUNCTIONS OF THE COUNTY COURT AS AT PRESENT CONSTITUTED. The County Court as at present constituted comlDines in itself three distinct functions, which, for convenience of reference, have in this paper been divided into Classes I., IL, III. I. — It is an office for the Registration of Judgments for admitted and undisputed debts. II. — It supplies a machinery for the recovery of small debts, performing the^ functions of the old Courts of Requests. III. — It acts as a Local Court of Justice for the cognizance, with a few exceptions, of all matters cognizable before the Superior Courts in London, as hitherto constituted, or the High Court of Justice of the future, excluding causes Criminal and Matri- monial, and jurisdictions of an appellate nature.* Its jurisdiction in Bankruptcy is limited by locality only, while its other jurisdictions are limited both by locality and by the pecuniary amount or value of the subject matter of litigation. The limitation of jurisdiction as to value is purely arbitrary, and varies with the nature of the remedy sought. In respect of certain matters connected with Friendly Societies the County Court has a jurisdiction exclusive and limited only by locality. These several functions will be observed at once to be of a character wholly distinct from one another. Class I. is purely ministerial. Class II. is partly ministerial and partly judicial. Class III. is purely judicial. The whole of these functions are at present discharged by the same Judge, or by the Registrar of the Court acting as his deputy. The object of the following pages is to show how by the separation of these diverse functions from one another, and by reforms of the procedure and distribution of the Courts, local justice might be administered to the greater relief of the Superior Courts from small causes, with a less waste of time and labour than is at present expended upon it, and with a reduction of the existing establishments and expenses. * It has now an Appellate Jurisdiction under the Agricult\iral Holdings Act, 1876. When first instituted under tlie Statute 9 and 10 Vict., c. 95, County Courts were intended to discharge almost exclusively the functions comprised in Classes I. and II. ; and these two Classes still form numerically by far the larger proportion of their present business, although the time of the Judge, (so far as it is not occupied in travelling), and his mental powers, are almost exclusively occupied with the matters comprised in Class III. It seems to have been assumed by those who devised the County Courts, that the debts for the recovery of which it would become necessary to invoke their assistance, would, as a rule, be the subjects matter of actual litigation ; and therefore, although inducements in the way of remission of fees are held out to debtors to admit their creditors' claims, yet in every case, although the defendant may never have disputed the debt, and there may be really no subject of litigation in difference, the regular steps in a lawsuit must be taken — a summons to appear served on the defendant, and, with certain exceptions regulated by 38 and 39 Vict,, c. 50, s. 1, an actual hearing of the cause by a Judicial Officer, in the first instance the Judge himself — since the Statute 30 and 31 Vict., c. 142, the Judge or Registrar, before the plaintiff can entitle himself to the process of the Court to enforce payment of his debt by execution. Another result of the view thus taken is that it has been considered necessary to establish a separate Court -with its own distinct office and officers in nearly every market town in the kingdom, and to require the Judge to attend there in person periodically at longer or shorter intervals, according to the importance of the place. Experience has, however, shown that in the vast majority of cases no defence is attempted or suggested, and the whole duty of the Court on the hearing consists, if the defendant or his agent is present, in giving judgment by consent, or if he is absent, in seeing that the plaintiff produces the necessary technical evidence of his claim. The latter of these processes tends rather to defeat than to promote justice, by leading to the nonsuit or adjournment of the cases of plaintiffs having really an indisputable right to judgment, but who, from ignorance, or from speculation on the defendant's attendance and admission, come unprepared with the proper evidence; there being at present no machinery for giving them information (unless they have proceeded under 38 and 39 Vict., c. 50, s. 1) whether defendant intends to defend or not. It is submitted that it is not necessary to provide the machinery of litigation for the collection of admitted or undisputed debts. The cases comprised in Class II. do involve occasionally, but very rarely, the determination of some disputed question of law or fact requiring careful investigation and skilled knowledge of law, but the ordinary questions which arise in this class of cases are, according to the experience derived from the business of a large rural Cu-cuit, of remarkable sameness, and consist of — A. — The adjustment of errors in the books of account and receipts of the parties, and the detection of fraudulent alterations. B. — The determination of the question of fact between plaintiff and defendant, whether the goods, the price of which is sued for, have been in fact delivered, as alleged, and whether they have been returned, paid for, or the like. C. — The determination of the question whether, under the circimistances proved, the wife or child of the defendant was his agent to contract the debt sued for, or to admit its existence. D. — The determination cf the question whether, under the circumstances proved, the contract of the defendant amounted to a verbal guarantee for the debt of another void under the Statute of Frauds, or whether the defendant contracted as principal debtor. E.- — The determination of the question whether, under the circumstances proved, the defendant has rendered himself liable as executor de son tort of the orginal debtor. The questions of fact arising under the heads A and B rarely present any difi&culty, except such as arises from the ignorance, stupidity, or dishonesty of the parties, and would, in the vast majority of cases, be as easily determined by any sensible man of business capable of judging of the demeanour of witnesses, as by the most accomplished la^^yer. The questions of law arising under C, D, and E, scarcely ever present a difficulty which could not be easily solved by a lawyer having a fair knowledge of the text books written on the subjects. There is, however, a small, but very small percentage of matters included in Class II., which raise questions of fact of such serious importance as affecting the credit and position of the parties, or of so complicated a nature in themselves, or questions of law of such novelty and importance, as in either '8 case to require the judgment of a skilled and experienced Judge, with or without the assistance of a Jury or Assessors. >' Class III., on the other hand, comprises cases, the majority of which are not actions for debt at all, and which frequently raise questions for consideration both of law and fact as important and difficult in themselves as those ordinarily submitted to the consideration of the Superior Courts. These cases, although numerically only a small percentage of the causes entered, occupy, as has been already remarked, the larger proportion of the time of the Judge spent actually on the Bench. Under the system at present in existence the course of proceeding, except so far as it has been modified, in respect of debts over £5. and trade debts by 38 and 39 Vict., c. 50, s. 1, and as to bills of exchange by 18 and 19 Vict., c. 67, is the same for all cases to whichever class they belong ; and consists of the entry by the creditor or plaintiff of a plaint in the ofdce of the Court ; the service on the defendant by the officer of the Court of a summons, commanding him to appear at the day appointed for the sitting of the Court ; and the hearing, when the cause is tried, or judgment entered for the plaintiff by consent or admission as the case may be. The fees taken for these proceedings alone amount, in cases under 40s. to Is. in the £ or 5 per cent, for entry and service, with an additional fee of Is. for service in cases above 40s., and 2s. in the £ or 10 per cent, for the hearing, or in cases of admission, or judgment by default, under 38 and 39 Vict., c. 50, s. 1, Is. in the £ or 5 per cent., thus making the Court fees from 10 per cent, to 15 percent, at the least, without reckoning the fees for incidental matters, such as executions, and the like. This is a heavy tax, and yet it is only the very large Courts that are remunerative. Let us take an instance — Daventry — which is a small Court on Circuit No. 22. In 1872 the plaints entered in this Court were 558, the amount recovered was £1,594, and the total fees from all sources were £195. or between 12 per cent, and 13 per cent, on this amount. There were up to September, 1874, 15 Courts on Circuit No. 22, of which, in that year, 5 were holden 6 times, 9, of which Daventry was one, 11 times, and one 12 times. If the salary of the Judge be approximately apportioned between the several Courts in proportion to the number of their sittings in that year, the share of Daventry would be within a minute fraction of £116. 10s., thus leaving £78. 10s. to provide for the Judge's travelling expenses to and from the Court, the salary of the Eegistrar and Bailiffs, the rent of Com-t room, and all other establishment and incidental expenses — a sum manifestly insufficient for these purposes. Indeed the Eegistrar's salary alone* for that Court would amount, on the scale sanctioned by 19 and 20 Vict., c. 108, s. 82, to £191. 12s. Od., or on that substituted by 29 and 30 Vict., c. 14, s. 14, to £157. 5s. 7d. It would occupy the time of the reader unnecessarily to insert here the details of the proportionate expenses of all the other Courts upon this Circuit, but it will be seen on reference to Appendix A, which contains a table showing the amount applicable to the maintenance of the establishment of everyone of these Courts, as that Circuit existed up to September, 1874, that after payment of the Eegistrar's and a proportionate part of the Judge's salaries, in all cases except two, a minus quantity remains, and that the smaller and less important the Court, the larger in proportion is the deficiency. In this table the Registrars' salaries have all been calculated on the lower scale, so that the deficiency on the whole Circuit is really greater than that shown. It scarcely needs argument to prove, that it is desirable, if it can be done with due regard to the provision of proper facilities for the recovery of debts, to get rid of these smaller and unprofitable Courts. II ON THE EXISTING MODE OF PEOCEDUEE IN THE COUNTY COUET. The County Court having been, as has been pointed out, estab- lished in its present form primarily as a Small Debts Court, and the establishment having taken place at a time when the science of special pleading was in full vigour in the Superior Courts, and was attracting no small share of popular odium, no provision whatever for the use of pleadings was made in actions com- menced in the County Courts, the summons merely stating enough to show whether the action is for debt, or unliquidated damages, and sometimes, but not always, according to the diligence or negligence of the Eegistrar and his clerks, whether it is framed in contract or in tort. In actions in which the demand is more than 40s., particulars are required, which, according to the practice which has grown up, and has now received the official sanction of the new Consolidated rules, assume in actions of tort or for unliquidated damages, the form of a more or less loosely worded declaration of the past or statement 10 «of claim indorsed on the writ of the future, and in those of debt of an ordinary tradesman's bill. The defendant is empowered to set up, without notice to the plaintiff (except only in default summonses of his bare intention to defend), any defence, except set off, infancy, coverture, a statute of limitations, discharge under a Banlo-upt or Insolvent Act, or a counterclaim against the plaintiff or a third person, tender, statutory defence, or " equitable relief." This is the phrase used in Consolidated Order IX., r. 15. It is, with all submission conceived to be an unfortunate expression, because by the Judicature Act, 36 and 37 Vict., c. 66., s. 24, subs. 4, the Court is bound to take notice of all equities arising incidentally in the course of the cause, to the same extent as would have been done by the Court of Chancery, and the existence of this rule can only so long as Order XII., r. 2, is permissive and not obligatory, raise difficulties in applying this section to the case of defendants who have given no notice of defence, and in discriminating between "equitable relief" which should have been claimed by notice and equities arising incident- ally. If he desires to set up any of these special defences, the defendant is obliged to give five clear days' notice of his intention to set up such defence. In proceedings under 38 and 39 Vict., c. 50, s. 1, the defendant is obliged, if he intends to defend, to give notice of his intention, but he is not (except in the case of set off, &c.,) obliged to state any specific ground of defence, but may, in effect, plead " nil debet," and prove anything. This system of procedure, when applied to cases in which there is a real question in litigation, is productive of a waste of time and money out of all proportion to the amounts at stake. Thus, the rule enabling a plaintiff to sue for an amount under 40 s. without any par- ticulars at all, applies equally, whether the amount claimed includes the whole of the transactions between the parties, or whether it is the balance of an unsettled account, extending, it may be, over years, and including considerable sums, while the rule as to the delivery of particulars in actions over 40 s. is constantly evaded by the indolence of the plaintiff who delivers, and the carelessness of the Kegistrar's clerks who receive as particulars such words as "Balance of account," "Bill delivered," and the like, containing no greater information than the body of the summons. The looseness of practice in this respect, and the want of particulars in cases where a balance of account under 40s. is sued for, are productive of serious inconvenience both to Judges and suitors in defended cases, by necessi- tating adjournments for the purpose of compelling the delivery of such particulars as will enable the former to investigate the matters of account, which are most frequently in 11 dispute in such cases, or by wasting the time of both in clearing away the husk of immaterial matter which envelopes the kernel in dispute. These remarks, it is to be understood, are to be taken as a rule to refer to small cases only, such as are comprised in Class II. In those comprised in Class I. particulars are unnecessary, and in those comprised in Class III. the parties usually have professional assistance. In these last, if the particulars are insufficient, the nature of the items in dispute is usually orally stated with sufficient precision to enable the Judge to decide the case. With regard to the notices of defence, it is, with all due respect for those who originally framed it, conceived that the present system is useless for any good purpose. The subjects matter are arbitrarily selected, and for no apparent reason which would not be equally applicable to any other defence, the onus jprobandi of which is on the defendant — payment, or accord and satisfaction, for example, while there is no reason for giving the plaintiff notice of the defence of the Statute of Limitations, a defence, the existence of which, if there is any pretence for setting it up, must necessarily be within his own knowledge. In the second place, the warning which is given to the defendant on the back of the summons, although it will not now, as here- tofore, describe the defences, notice of which is required, by their technical names, is usually printed so as to be very unlikely to attract the attention of uneducated persons. By the Consolidated County Court Orders, 1875, Order XII., rule 2, power is given to the defendant to give notice of dis- claimer, and to limit and state his defence, though it may not be one of which special notice is required by the practice, and the Judge is directed in exercising his discretion as to costs to take into consideration the circumstance whether the defendant has or has not availed himself of the power given by this rule. The rule has come too recently into operation to afford any test of its practical working, and it remains to be seen in what spirit it will be acted on by the Judges ; but, assuming the fullest effect to be given to it, it is at best but persuasive only. If the practice of giving notice of defence is, as the framers of the rule seem to imply, beneficial, why should it not be made obligatory ? It is difficult to imagine what hardship is inflicted on a defend- ant who has a meritorious defence by obliging him to disclose it, while it is obviously but justice that a defendant who has none should be compelled to disclose that circumstance at the earKest possible period in the litigation. The mischiefs arising from the present state of the practice are then ; — 12 1. — In cases where matters of account are involved, the necessity for adjournments for the production of further and better particulars, or the waste of time incurred in conducting the investigation without them. 2. — The necessity under which the plaintiff is of coming in all cases in which his attendance is required at all, except when the defendant has availed himself of the power given by Consolidated Order XII., r. 2, prepared with evidence on every matter which can possibly be put in issue, at the risk of being non- suited or having his case adjourned if he does not, entailing thus in many instances an expense heavy in proportion to the amount in dispute on either himself or the defendant. 3. — The necessity of granting adjournments to enable defendants to set up special defences, of which, through ignorance or inadvertence, they have omitted to give the requisite notice. In that class of actions, which, up to the coming into operation of the Judicature Act were known as equity suits, although the plaintiff had to file a statement in the nature of a bill of com- plaint, the defendant was not bound to file any answer, and the parties were directed to come to the hearing prepared with all the evidence necessary to enable the Judge to make a final decree. If this rule had been literally complied with, more waste of money would ensue than takes place in practice. In practice, in most cases which have come under the author's notice, the professional advisers of the parties have agreed beforehand as to the questions to raise, and so have saved unnecessary expense. The adviser of the defendant has, how- ever, almost invariably been consulted when it is too late to file an answer, and it is surely not consistent with good legislation that the system sanctioned by it should owe it to the practitioners who act under it, and not to its own merits, that it is not found either dilatory or expensive. It is conceived that the fusion of Law and Equity effected by the Judicature Act, and the changes introduced by the new Consolidated Kules, will not very materially affect the practice. In those cases in which the remedy sought involves a prayer for what has been hitherto called " equitable " relief only, or involves the exercise of administrative functions only, the particulars of the future will be more concise than the plaint of the past, but unless Con- solidated Order IX., r. 15, is to be construed to require a special defence in aU cases in which the plaint is founded oa an equitable (To fact p. 13.) Note, — ^By the Law List for 1876 it appears that 131 Courts havo now jurisdiction iii Bankiiiptcy, 30 of theee in Admiralty also, and 6 otiiers in Admiralty only. Nc B, — This elip wm printed with tha pr«88 rocommc»ded post. p. 67. 13 claim (and this cannot have been intended by the framers to be the meaning of the rule), the defendant would be under no greater obligation to answer than heretofore. Most of the so-called Equity cases hitherto brought under the jurisdiction of the County Courts involve the exercise of administrative functions only, and if an answer were obligatory, in nine cases out of ten a common order of reference to take accounts and make enquiries might be drawn up, as of course, without the expense and delay of any hearing before the Judge, unless one should become necessary on the application for a final decree. Ill ON THE EXISTING CIECUIT AEEANGEMENTS OF THE COUNTY COUKTS. Changes in the distribution of the Circuits are continually being made as vacancies occur in the Judgeships, but there were when this paper was begun, exclusive of the City of London Court, 56 Circuits, each, with one exception, worked by a single Judge, who always travels round the same route. The exception is. No. 6, including Liverpool, &c., where there are two Judges. The 56 Circuits include 499 Courts, of which 128 have a jurisdiction in Bankruptcy. Twenty-eight out of the 128 have a jurisdiction in Admiralty also, and five others have a juris- diction in Admiralty and not in Bankruptcy. Many of the Courts having a Bankruptcy jurisdiction are only situated at very short distances from one another. Courts with or without Bankruptcy and Admiralty jurisdiction are holden in almost every market town in the kingdom. Eleven of the Courts which have no Bankruptcy jurisdiction are without it, not in consequence of their insignificance, but because they are situate within the jurisdiction of the London Court of Bankruptcy, These 56 Circuits have no connection or official communication with each other, and although by 30 and 31 Vict., c. 142, s. 20, the Judges have jurisdiction all over England in aid of each other, and so are able to help one another in emergencies, yet no opportunities are provided them for meeting or consultation ; and except on the occasion of the half-yearly meeting in London of a voluntary society of their body, and the meetings of a small committee appointed by the Lord Chancellor to frame rules, who do not represent and are under no obligation to 14 consult their brethren, they pass the whole of their judicial lives in entire isolation from one another. Their respective judgments, being those of inferior Courts and not recognised as authorities, are not considered to be in any way binding on the others, diversities of practice in the numerous details which cannot be reached by any body of general rides, spring up, and justice may be, and sometimes is, administered on different principles on the two different sides of a Circuit boundary, or by successive Judges on the same Circuit, at least in those cases in which there is no appeal without leave. Again, in addition to the direct waste of money involved in the maintenance of the smaller Courts, the waste of judicial time in travelling, and therefore indirectly of public money, is enormous. Observations have been made in Parliament and elsewhere, on the paucity of the number of days in the year occupied in judicial sittings by Judges of the County Courts, as compared with those of the Superior Courts ; and those who have made these observations will probably think their remarks will derive additional force from the returns which are now laid before Parliament showing the actual number of hours occupied by each day's sitting. But such persons have little idea of the number of hours of which the working day of a County Court Judge of a rural circuit consists, and that the day which on the face of the return appears to have provided employment for half-an-hour only, may really have been one of long and fatiguing work. Many of the smaller Courts are at a distance from railway stations, many are ill-served vnth trains, the journey not unfrequently involving the use of the lines of hostile railway companies, the service of whose trains is so contrived as to render access to and from the places comprised in the same Circuit, and near each other as the crow flies, circuitous and difficult; and as the Judge is prohibited from holding two Courts on the same day, he cannot economise time by grouping the smaller Courts, and posting from one to the other when they are near. Thus, it has happened to the author of this paper to have to leave his home at 5.40 a.m., to reach, after five hours' travelling a Court at the door of which the Ptegistrar stood to say that there was no business, and that if no time were lost in changing the horse which had conveyed him eight miles from a station on one railway, for another which would convey him four miles further to a different station on a different line, he might reach home by 5 p.m., congratulating himself, if it be winter, in saving daylight, but having travelled for 11 hours and 20 minutes, and besides railway fares, having posted twelve miles for absolutely uothing. 15 On the other hand, it does occasionally happen, that some cause, or perhaps two or three at the same Court, of the kind comprised in Class III. come on for trial at one of the smaller Courts. There exists no means of forecasting these events, and the Court days have been necessarily fixed three months beforehand. On such occasions there is undue pressure, and the parties after having gone, it may be, to considerable expense in bringing special professional assistance to an out-of-the-way town, find their cases adjourned after all, or themselves and their witnesses detained until a late hour, their case conducted by tired advocates, before a tired Judge, and thus find that the Local Court which was to bring justice close to their doors is a burden, rather than a benefit, and that they would have been really put to less inconvenience, if they had had to travel a few miles further to the County Town. In order to illustrate these remarks so far as they relate to the waste of time in travelling, a table is annexed in Appendix B, showing the number of hours during which the Judge of Circuit No. 22 was necessarily kept from his home or his place of lodging for the night by his judicial duties in the year 1874, and what proportion of the time so spent was occupied in sitting in Court, and what time in travelling. "With regard to this table, it may no doubt fairly be remarked, that the time spent in travelling must depend in some measure on the Judge's selection of his residence. In the case put, the Judge's residence w^as, it is true, selected for other reasons than those of mere convenience of travelling, but at the same time it was not, having regard to the wide extent and straggling character of the Circuit round which he travelled up to the end of 1874, at all unreasonably situated. The table, therefore, is not an unfair one, although probably many Judges would have preferred to spend less time in actual locomotion, and more in sleeping at Inns in the Court Towns than has been done. The officers who issue, serve, and put in force, the process of the Court are. The Eegistrar, The High Bailiff, and The Sub- Bailiffs. By recent Legislation the tAvo first ofiices are, as regards the future, combined, an alteration which produces the following results : — 1. — As the Eegistrar cannot possibly perform the duties of High Bailiff in person, he has always to appoint a subordinate to perform them, and to superintend the Sub-Bailiffs. In consequence, the duties of the High Bailiff, instead of being discharged by a person of intelligence and education appointed by the 16 Judge, are discliarged by a person of mucli inferior position appointed by the Eegistrar. 2. — The Eegistrar being the person to whom all the ignorant suitors apply for information relative to the procedure of the Court, and being also pecuniarily responsible for the acts of his Bailiffs, is, on the occasion of complaints against them, placed in the invidious position of having his interest and his duty in conflict mth each other. That this new system has not been the source of greater mischief to the suitors than it has on those Circuits, on which it is in operation, is attributable to the high probity of the gentlemen filling the ofl&ce of Eegistrar — High BailiU' thereon, rather than to any merit of its own. IV. SUGGESTIONS FOE THE AMENDMENT OF THE CONSTITUTION AND PEOCEDUEE OF LOCAL COUETS. AND FIEST OF THE METHOD OF DEALING WITH CLASS I. OE UNDISPUTED CASES. Having thus far considered the more prominent defects of the present system, it is proposed to offer some suggestions, by the adoption of which it is conceived that they might be, to some extent at least, got rid of The objects which, it is assumed, should be kept principally in view are — I. — To pro^^.de a speedy and inexpensive means of enforcing the payment of debts by execution against the goods, or imprisonment of the persons of debtors who have the means of satisfying their creditors, and to take due care that the facilities thus given to the creditor are not used with undue harshness, or to the oppression of the insolvent debtor. (The punishment of the fraudulent debtor belongs, it is conceived, exclusively to Criminal Justice.) II. — The proAdsion of a tribunal for the speedy settlement of petty disputes between neighbours other than those arising out of debts, which, while it shall afford all due means for the adjustment on 17 equitable terms of such questions, shall discourage quarrelsome and unnecessary litigation. III. — The provision of a Local Court of First Instance for the settlement of questions in litigation up to a prescribed amount in value of the subject matter, (if a limitation in value be thought advisable), whether the remedy sought be such as has been hitherto obtained in the Common Law, Equity, Admiralty, or Probate Courts. IV. — To make this Court of such a character, that its procedure shall be simple and inexpensive, its decisions uniform throughout the country, and capable of commanding the confidence of the public, and its judgments enforceable speedily, and without oppression. V. — To effect the foregoing objects at as small an expense of public money as possible, consistently with due provision for the work being satisfactorily done. I. — The first suggestion offered with respect to this object is to abolish entirely the smaller Courts now holden in ordinary market towns, and some of the larger Courts which are holden close to each other, as separate Courts, and to establish one Principal Local Court only in the principal town in the prescribed jurisdiction, the Courts whose separate existence is abolished being retained as branch or travelling Courts only, without separate offices or officers and with agreatly limited jurisdiction. To appoint in every place, whether town or village, in which a solicitor of sufficient respectability willing to take the office can be found, one or more commissioners to take admissions of debts and consents to judgments in the Principal Local Court of the jurisdiction. These Commissioners should be the occupiers of offices within the place or jurisdiction for which they are appointed. They should receive no salary, and should not be compelled to give any specific attendance at their offices, but should be subject to removal by the appointing authority, who, it is suggested, should be the Lord Chancellor with the advice of the Principal Local Judges of the Circuit, in case of mis- behaviour, inefficiency, or failure to give sufficient attendance to provide for the wants of the jurisdiction for which they are respectively appointed, and they shoidd be paid by fees as hereinafter mentioned. The duties of these persons should be — 1. — To accept and reduce to writing on application, the See forms admissions of all persons under obligations to satisfy ppen IX . iiqui(ja|;Q(j demands, and willing to appear before 18 them in person, or by some agent of whose authority the recording Commissioner is duly satisfied on oath, and admit the whole, or any part consisting of specific and ascertained items of any such liquidated demand, and the offer, if any, of the admitting party as to the mode of payment, and this whether the admitting party has become defendant in any action or suit for the recovery of the admitted amount, or not. 2. — To accept and reduce to writing the consent of any person having a right of action or suit against another, such consent to be given in person or by some agent of whose authority, or by writing, of the genuineness of which, the recording Commissioner is duly satisfied on oath, to accept payment of any sum agreed on between the parties as compensation for any damages, or of any liquidated demand, by instalments, or in any other agreed manner, or the offer of the party having such right to accept pay- ment in any manner not assented to. 8. — To transmit the memorandum of admission, partial admission, or admission and consent to accept pay- ment, as the case may be, to the Principal Local Court of the Jurisdiction within which the debtor resides, to be there entered of record, and thence- forth to be a judgment for the admitted or agreed amount payable as agreed, or if no agreement, then as the Eegistrar or Judge may in pursuance of fvirther provisions hereinafter suggested, direct. 4. — To keep in their ofiices a proper stock of printed forms of proceedings in the Principal Local Courts for sale or distribution to applicants. These officers should, as has been before suggested, be paid by fees, and it is considered that a fee of 1 s. in respect of sums of £1 or under, of 2s. in respect of sums exceeding £1 and not exceeding 40s., and 6d. in the £ above that amount, but so that no fee taken by the Commissioner should exceed £1, would probably be enough to induce respectable solicitors to accept the appointments. This jurisdiction to accept admissions should be unlimited as to amount. There can, it is humbly conceived, be no reason why, where there is no question of fact or law to try, the mere ministerial act of recording judgment should not be performed by the inferior Court, whatever the amount ; nor is there any greater difficulty in determining by what instalments a large sum shall be paid, than a small one. If, however, it be 19 thought that it would "be unwise to entrust the officers of the inferior Court with the duty of levying execution for large amounts, it would be easy to provide for the removal as of course, on the application of the plaintiff, into the Local Eegistry of the Superior Court established under the new Judicature Act of all judgments of the inferior Court on which it might become necessary at any one time to lerj by execution a sum exceeding the prescribed amount. The effect of the establishment of these local offices for the acceptance of admissions, would probably, it is submitted, be as follows : — The creditor, pressing for his debt, and met with the usual answer of inability to pay at present, and petition for time, would say, " Come then to Mr. Smith, the Commissioner, and " admit the debt, and save me further trouble ; " a request, which, as it would involve very little trouble or loss of time and a trifling expense, would probably be complied with. The most usual way of proving undefended cases is, for the plaintiff or his witness to swear that he has delivered a bill of the amount sued for, and demanded payment in person of the defendant who admitted the debt and promised to pay. In all these cases, and probably in most in which there is no defence, the machinery thus provided, would, it is believed, be gladly used, the difficulty in the way of obtaining admissions now being that the special attendance of the defendant at the Eegistrar's office or before an attorney cannot be given until after litigation actually com- menced and costs incurred ; and that an admission before hearing involves no greater saving of fees than one delayed until the hearing. It should be the duty of the Registrar to hold weekly or more frequent sittings in chambers on the market day for the adjust- ment of the mode of payment of admitted debts and claims, the mode of payment of which shall not have been agreed on before the Local Commissioner ; and he should immediately on receiving any memorandum of admission unaccompanied by the consent of the creditor to accept pajanent in an agreed manner, send notice of such admission to the creditor, accompanied by an intimation, in cases where the debtor has made an offer of a mode of payment, that unless the creditor returns within the prescribed time, notice that he dissents from the offer made, the Registrar will at the next sitting for the adjustment of the mode of payment of admitted debts, to be holden not less than the prescribed time after the transmission to the creditor of the notice of admission, proceed to enter judgment for the payment of the admitted amount by the instalments offered by the debtor. In cases where the admission contains no offer to pay 20 in any particular manner, the notice should merely contain an intimation that the Eegistrar or Judge will at the prescribed sitting proceed to enter j udgment for payment in such manner, at such time, or Ly such instalments as is adjudged reasonable. It should be competent for either party on giving the prescribed notice of his intention to do so, either to appear in person or by any witness acquainted with the necessary facts before the Judge or Eegistrar at such sitting, or without appearing, to transmit by post affidavits of such facts as he may think necessary to bring imder the notice of the Court in order to affect its judgment as to the mode of payment, provided that it should in all cases be competent to the creditor to require by a prescribed notice the j)ersonal attendance of the admitting debtor to be examined as to his means of payment. The Judge or Eegistrar should have full power over the costs of the proceedings before him, and it should be his duty to impose them on the party, whether debtor or creditor, by whose default they become necessary. Thus, if a debtor should admit a debt of £5, and make an offer to pay by instalments of 10s. a month, and this offer be refused by the creditor, then if the adjudicating authority should be satisfied that the offer of 10s. a month was, under all the circumstances, reasonable, and that the creditor had no good ground for contesting its reasonableness, he should impose the costs of the hearing on the creditor, deducting the amount from the judgment. And vice versa, when the admission is accompanied by no offer, or by an unreasonable offer as to mode of payment, the costs of hearing should be imposed on the debtor, and added to the judgment. There might, and probably would, arise intermediate cases, in which both parties would be in fault. In these, the costs should be apportioned as might be just under the circumstances. It should be competent for either party to move the Principal Local Court to rescind or vary any such order for payment, and it should be competent for that Court upon such application to confirm, vary, or rescind such order and to make such further order as to costs and otherwise as should be just. It should also be competent for the parties at any time by consent to be given before any Commissioner, and transmitted and recorded in the same way as an original admission, to vary the amount or mode of payment prescribed by any order of the Court for the payment of money. It should also be competent to either party, upon giving the prescribed notice to the other, to apply to the Eegistrar at any weekly sitting, or to the travelling or Principal Local Court to rescind or vary any order for the payment of money on the 21 ground of an alteration in the circumstances of the debtor supervening since such order was made. These powers should apply to orders for the payment of money made in the course of hostile litigation as well as to cases of admission, and should be exercised in the same way and should be subject to the same right of application to vary, &c., as those of making original orders on admissions. The subject of the method of collection, and enforcement of orders for the payment, of money will be treated of separately. V. SUGGESTIONS FOR THE AMENDMENT OF THE CON- STITUTION AND PEOCEDURE OF LOCAL COURTS CONTINUED. SECONDLY, OF THE METHOD OF DEALING WITH CLASSES II. AND III., OR CASES INVOLVING ACTUAL LITIGATION. AND HEREIN, OF THE CONSTITUTION OF THE NECESSARY COURTS. We now come to consider the provisions to be made for dealing with the cases comprised in Classes II. and III. above referred to, and involving actual litigation. And, first, of the Courts to be provided for this purpose. It is considered that about 81 jurisdictions would be sufficient to provide for the whole of England and Wales in this respect, exclusively of the City of London. These 81 jurisdictions should be divided into 10 Circuits, each administered by three Principal Local Judges, answering to the present County Court Judges, and thus reducing their number from 57 to 30. It should be the duty of every division of three Judges to provide for the holding of the Principal Local Court once in every calendar month at every Principal Court-town therein, com- mencing the business on Monday, and sitting dc die in diem as long as the business lasts, up to, but exclusive of, the succeeding Saturday. The Judges of each Circuit should be allowed to apportion the work of the Circuit between them according to convenience, with the proviso that, as a rule, two successive Courts for the same jurisdiction should not be holden before the same Judge. Provision should be made for the periodical meeting of the three Judges of each Circuit, for the purpose of 22 holding a joint sitting for the hearing and decision of points arising in tlie ordinary conrse of business, and considered of too great difficulty or importance for summary disposal. It is, of conrse, impossible to provide by statute any rule as to the extent to which the decisions of this tribunal should be treated as authorities. Their value as judicial precedents must neces- sarily be left to the estimation of the profession, but for insuring uniformity in the administration of Local Justice without driving suitors to purchase it at the cost of an expensive appeal to the High Court of Justice, it is suggested that as a matter of practice they should, until overruled or reversed by that Court, be treated with the same respect by Courts of equal and lower degree, as the Superior Courts of Common Law and Equity have hitherto been accustomed to pay to the decisions of each other when sitting in banco. The Principal Local Court thus constituted should have, it is submitted, a jurisdiction as to the amount, to recover which the action may be commenced, limited only by the self-acting operation of a poundage scale of fees as pointed out below in Chap. X., but if limited, the jurisdiction should be uniform, whatever the nature of the remedy sought, save only that in actions to try the title to hereditaments, the annual, and not the capital value of the subject matter must of necessity be the criterion. If limited, there is, it is submitted, no reason why the prescribed amount should be less than the present limitation in respect of proceedings under 29 and 80 Vict., c. 99. It is not easy to understand why a Court which in the course of a suit which primarily involves the exercise of its administrative functions only, may have incidentally to decide questions of title to land, money, or chattels of the value of £500, should be limited to one-tenth of that amount in respect of money and chattels Avhen the question is raised directly in an action, or why, while thus limited as to chattels, it should have jurisdiction to determine the title to lands whose fee simple value at the ordinary purchase would be ^£'600. WJiatever the limit, and however devised, it should be competent to the defendant in all cases in which he could satisfy a Judge, either of the Principal Local or a Superior Court, that for any reason whatever, it would be more conducive to the ends of justice that the action should be transferred to the Superior Court, to obtain such transfer without any burdensome restric- tions as to security for costs ; but he should further be entitled as of right to require such transfer in all cases in which he could find satisfactory security for the indemnification of the successful plaintiff against all costs, loss and delay caused by 23 the transfer. There should be a corresponding power in the Superior Court to remit to the Local Court causes which it would he more conducive to the ends of justice to carr}^ on there. Each of the Principal Local Courts thus constituted should have its office presided over by a Eegistrar with a necessary staff of clerks, and in this office should be transacted the whole of the official business above suggested to be performed by the Eegistrars. It should, as a rule, dispose of before its Principal Judge such cases only as would be comprised in Class III., above referred to, and such cases as might be transferred to it from the branch or travelling Courts hereinafter mentioned. The c[uestion of how to provide for the disposal of the business comprised in Class II. with a due regard to efficiency and economy is no doubt one of much difficulty. When this paper was first taken in hand it had been intended to suggest that there should be attached to each of the 10 Circuits, except in London, Liverpool, and Manchester, a sufficient number of inferior judicial officers, whose qualification should be some small standing at the bar, who should be appointed, as a rule, from the junior members of the profession, and .should be per- mitted to practice. This suggestion is, however, open to serious objections. Proposals have at times been made to give the Eegistrars of the existing Courts (maintaining the present number) a contentious jurisdiction up to <^5 in value of the subject of litigation. This plan is also open to no less grave objections. The existing Eegistrars are all solicitors in actual practice in the towns in which Courts are holden, and having numerous debtors and clients amongst the suitors. It is impossible that the decisions of men so situated could command confidence, however much they might deserve it, and it would be unfair to the Eegistrars themselves to expose them to the risk of giving offence to influential clients by deciding according to the right. Nor does the cj^uantum of the pecuniary amount in dispute afford any true criterion of the fitness of the cause to be decided by an inferior judicial officer. It is quite true that when the amount in dispute is small, and when nothing beyond the liability is in issue, and the decision will not be a j)recedent, it is generally better to give a cheap and speedy remedy at the risk of mistake, either in law or fact. But it is obvious that a question where 5s. only is in dispute may be of more real pecuniary importance to the parties than one where 'hicli the Court had to dispose of in that year, calculated at 20 per cent, of the judgments. In Colunm 4 — the average number of disputed cases disposed of per diem on this calculation. In Column 5 — the estimated number of undefended cases disposed of in Court in the course of the year 1872, exclusive of those withdrawn, admitted, or settled, out of Court. Tliis estimate has been arrived at by taking the number of judgments for the plaintiff in the year, exclusive of those by admission or given by default on default summonses, adding thereto the nonsuits and verdicts for the defendant, and deducting from the total thus obtained the estimated number of disputed cases calculated as above. In Column 6 — the average number of undefended cases disposed of per diem on this calculation. In Column 7 — The estimated gross total average of defended and undefended cases disposed of per diem. For the purpose of striking the average, and arriving at totals satisfactorily, the figures are in general worked out to two places of decimals, the second decimal being frequently approxi- mate only. Pardon must no doubt be craved for some arithmetical errors committed in the course of working out so large a number of sums, although it is hoped that none exist of sufl&cient magnitude to affect the substantial accuracy of the tables. 28 A glance at these tables will show, more forcibly than any argument, what the waste of time involved in allotting a separate day to each Court must be, when it is noticed that the average number of disputed cases disposed of per diem varies in these calculations from 0-36 at Belford, in Northumberland, to 48'76 at Burton-on-Trent, and that the intermediate averages include almost every figure between these two extremes. That there is, in fact, this waste of time will, it is believed, be confirmed by the returns of the time actually occupied in the sittings of the Judge. These however, have, in the case of Circuit 22, been compiled with so little regard to accuracy, or with such want of uniformity in judging of what time the return was to include, that they are not referred to as authorities. The fact that the average of twenty disputed cases per diem, is, according to the calculations on which Appendix C is founded, exceeded in no less than 47 places, and that this average includes in those places dispu.ted cases of every description comprised in both Classes II. and III., justifies the assumption that the Registrar, acting as Travelling Judge, will be able to dispose of twenty per diem, besides travelling and dealing with undefended cases, but excluding the cases comprised in Class III. The tables in Appendix C show also the average number of days' work in the year required of every Registrar acting as Travelling Judge in addition to his ordinary duties, and the additional salary which it is suggested that he should receive in respect of his additional work. Assuming the Principal Local Judges to receive the same salaries as those now paid to the Judges of the County Courts, the proposed plan would represent a saving of £4'0,500 a year in Judges' salaries, against which, however, would have to be set the additional salary to the Registrar as Travelling Judge. It is believed, however, that it would be found worth while, in order to secure the services of competent men, to pay the Principal Local Judges £2,000 per annum. If this were done, the annual saving on the head of Judges' salaries would be .£'25,500 per annum only. There would also in either case be a saving of the whole of the expense of the Registrars, offices, and establish- ment of the absorbed Courts, leaving only the rent of Court- rooms to be provided. A few words may not be out of place here on the rank which it is suggested tliat the proposed new Judges should occupy. At present, a Judge of County Courts has no official or pro- fessional precedence whatever, except in those cases in which he happens to be a Queen's Counsel or Serjeant. Courtesy indeed 29 has led those who practise before him to address him as " Your Honour," but his right even to this method of address is not recognized by any Statute, while the case of Reg. v. Lefroy L.K., 8. Q.B. 134, decides in effect that he has been deprived by Statute of the ordinary powers of punishing contempts incident to all, even inferior Courts of record, and is limited to a power which is useless in those serious cases in which, and in which alone a judicious Judge would interfere at all, while its insigni- ficance tends to tempt a hasty Judge to make use of it in cases, of which, if of higher dignity and a greater sense of responsi- bility, he would take no notice. A County Court Judge is moreover, although not absolutely disqualified, practically debarred from all chance of judicial promotion at home, and the only hope of advancement he has, is, that Parliament, which is perpetually burdening him with new duties, may be induced to see the justice of paying him a pecuniary remuneration for their performance. And although it would be practically impossible, so long as the present system exists, to hold out to the Judges of County Courts hopes of judicial promotion, because their position does not give them a sufficiently public arena for the display of judicial merit, their present status, and the fact that they are shelved, is not without evil, in that it prevents men of ambition from applying for the office, and presents to those who are appointed a strong temp- tation to neglect the duties which they have to perform, so that however wisely selected, they have an inducement to degenerate instead of improving. While individual excellence can meet with no reward, the higher the"public estimation in which the Judges are held as a body, the heavier the burdens which they may expect to find proposed to be laid on them in every Session of Parliament. How then are the services of able and zealous public servants to be obtained ? An adequate salary is, no doubt, an important consideration, because a man who is of sufficient ability to earn a large income at the Bar, will be lotli, unless he have a large private fortune, or have no family, to give up his professional income, even for a position of ease and dignity, much less for a place without either. But there are many other inducements than a mere increase of salary to be held out. The first is the relief of the office from labour which the holder feels is wasted. — This, it is submitted, would bo effected by the division of Courts into Principal Local and Travelling. The next is the assignment of a due social and judicial rank to those who have the bumen of heavy social and judicial responsibilities. The last is to encourage zeal, and the candidature of men who have 30 not thrown aside all ambition, by keeping up, as far as is con- sistent with public policy and the respect due to public opinion, the hope that a diligent and able discharge of duty may meet with some public recognition and reward. To apply this j)ractically. — Without touching the question of salary or the precise rank to be taken by the Principal Local Judges, it is suggested they should have such precedence as would ensure their ranking before all practising members of the profession appearing before them, and that selections should occasionally be made from them to fill vacancies in such higher Judicial and other offices as the use which they have made of the opportunities afforded them for a public manifestation of their fitness should justify, being reckoned as to standing on an equality with other members of the profession, who would, independently of judicial rank, be equal to them in that respect. These suggestions, it will be observed, do not advocate the adoption of the French system, by which the profession of a Judge is rendered distinct from that of Counsel, but there cannot be any good reason why judicial experience in an inferior Court should be a disqualification for the due discharge of Judicial duties in a Superior Court, by a man otherwise fit. It is to be borne in mind that even hitherto the appointments of County Court Judges have been made from men of consider- able standing in point of years. There is not at present a single Judge whose standing at the time of his appointment did not exceed ten years, the limit fixed by the Judicature Act for the qualification of a Judge of the new High Court of Justice ; and it is probable that future appointments to the Principal Local Judgeships, if the above suggestions were adopted, would invariably be of men of a still higher standing than this. There would, therefore, be no reason to fear the lack of experience as counsel, amongst those from time to time selected for promotion, while, if the Principal Local Court became a tribunal of the importance to v/hich it is hoped it would grow if the scheme advocated in this paper were adopted, the Judge of that Court would be relieved from the disadvantage under which the Judge of a County Court now labours, of having no sufficiently public arena whereon to display his judicial merits. With respect to the Eegistrars who would become Registrars and Travelling Judges of Principal Local Courts, it would be necessary, no doubt, to effect an entire revolution in their selection and payment. The class from which they should be selected has been indicated above, but as they would have to give up their profession, it would be necessary to provide for them such a liberal scale of remuneration as would tempt men of respec- 31 tability and intelligence to become candidates for the office. It is not suggested that the payment of all these officers should be uniform — it would be unjust that it should be, for their work would vary much. But they should be paid either entirely by salary or entirely by fees. Both methods of payment have their advantages and disadvantages, but the course of recent legisla- tion has been of late years so uniformly in the direction of adopting the former mode of payment, that it is assumed that the j)ractice would be extended rather tlian curtailed in any future arrangement. It is proposed, then, that the Eegistrar should account for all fees paid him, and that his ordinary fixed salary for his ministerial duties, exclusive of remuneration in lieu of the fees for business hitherto "i3aid by fees, should be £700 per annum, the sum now fixed by Statute as the maximum salary of a Eegistrar, exclusive of the fees which he is entitled to receive for his own use. In respect of the business, for which he has been hitherto entitled to receive fees for his own use, he should receive a salary based on an estimate of the average annual amount of actual fees paid him since the establishment of the respective jurisdictions under which they are payable ; and this salary should be re-adjusted, say at intervals of every three years, on an estimate of the average fees which would have been payable during the pre- ceding seven if the old system had continued. For his duties as Travelling Judge, he should be paid a salary estimated with regard to the number of plaints which may be expected to come before him. The time of a person in the position of the proposed Registrar ought, it is suggested, to be treated as of the value of £5 for every entire working day actually fully occupied. The amounts of the salaries required at this valuation of time, and on the assumption that 20 cases, and such travelling as would be required, represent a full day's work will be found worked out in the summaries at the end of the calculations for each district in Appendix C. The total charges for each Circuit in this head will be found shortly stated in Appendix D, These, it will be seen, on reference to that Appendix, amount to a total charge of £25,634^ 17s. over the whole country. The present charge for Judges' salaries alone, without reckoning those instances in which <£>1,800 per annum is paid, is .£^85,500. If, therefore, the salaries of the proposed Principal Local Judges were fixed at £2,000, the whole of the judicial work now costing £85,500 would be provided for by a sum of £85,684 17s., whilst the whole of the cost of the Registrars of the abolished Courts would be saved so soon as their compensation had been paid off. 32 In some of tlie veiy large towns the additional salary- receivable by the Kegistrar, and the number of days occupied in judicial sittings in the year, would be both so large, that it would probably be found advisable either to di\dde the salary and labour between two officers of equal rank, or to appoint a superior and inferior, the former of whom should attend to judicial, and the latter to ministerial matters. The latter course would, it is suggested, be preferable where one of two large Courts in the immediate vicinity of each other is converted into a Travelling Court. As to this see Chapter IX., post. The office of High Bailiff, as well in its independent existence as in combination with the office of Eegistrar, should be altogether abolished ; and in lieu of that officer there should be provided a single officer i^ each of the proposed Principal Local Courts, who should be obliged to give a bond to the Treasurer for the due performance of his duties, not only in duly accounting by himself and his sub-bailiffs to the Treasury for all money received by them in the course of their duties, for which they are accountable to the Treasury, but also for the due performance of his duties to the suitors. It should be the duty of this officer to provide and be responsible for the due service and execution of all the process of the Court, and to provide in the jurisdiction for which he is appointed, a sufficient number of sub-bailiffs resident at convenient places, for the purpose of such service and execution. He should also be bound to provide the necessary officers to keep order in the Principal Local Court, and to attend upon the Judge at its sitting. It is believed that economy would best be consulted by allowing this officer to select and pay his own subordinates, power being given to the Principal Local Judge with the consent of the Lord Chancellor, in the event of any miscarriage arising from neglect to provide sufficiently in this respect, to dismiss the officer in default from his office, -^ to call on the Treasurer to put the bond in suit for the benefit of the person aggrieved. The allowance at present made to the Registrars acting as High Bailiffs, and the existing salaries paid to High Bailiffs, appointed temporarily on the refusal of the Registrar to act, together with the salaries at present allowed to Sub-bailiffs would, it is conceived, be sufficient to provide for the salaries of the proposed new officers, reduced as they would be in number, on a sufficiently liberal scale to enable them to provide the requisite subordinates, and to induce men of respectability and able to give the required security to accept the post. With respect to the office of Treasurer, no suggestion is made, except that it should exist only in relation to the Principal 33 Local Courts, and if executed by a central authority, that authority should, whilst maintaining a stringent economy in substantial matters, avoid that niggardliness in petty details, which creates a feeling of irritation and discontent among those subjected to its operation, out of all proportion to the saving effected to the public. Officers of the Court of every grade, fraudulently misappro- priating money coming to their hands by virtue of their office, should be guilty of felony, and, in addition to the other consequences mentioned above, should be liable to be punished as for embezzlement, notwithstanding Beg. v. Glover, 33 L. J. M.C. 169. The advantages of the scheme above proposed over the existing system would be as follows : — A large annual pecuniary saving. The saving of much time at present wasted in travelling, and in the hearing by highly-paid Judges of trifling matters unworthy of their cognizance. An increase in the authority and dignity of the Courts, by giving the Judges opportunities of conferring together, and thus giving the public the benefit of their combined learning and experience. Greater uniformity of practice in the Courts, by diminishing the opportunities for varying it in small details. The relief of the Kegistrars from the holding of two offices whose interests conflict. The provision of a Small Debts Court in every place in which one is reasonably required, without the necessity of keeping up a separate establishment. The effecting of these objects without prejudicing the maintenance of the great central Bar, as would be done by localising the Superior Courts. And in this, the scheme proposed, would have this advantage that it would provide a school of practice for the junior Bar, similar to that which used to be provided by the appeal business at Quarter Sessions. At present the County Courts are too numerous, and the business at the individual Courts too uncertain to make it worth the while bf the Bar to attend unless specially retained, except in those Courts which are in the neighbourhood of London, or of the great towns in which a local Bar is already established. Under the proposed system, especially if the Bar would agree on rules for regulating the attendance, the Principal Local Courts would, it is hoped, be regularly attended by the Sessions Bar of the County. 34 VI. SUGGESTIONS FOR THE AMENDMENT OF THE CON- STITUTION AND PROCEDURE OF LOCAL COURTS CONTINUED.— ON THE PROCEDURE UP TO AND INCLUDING TRIAL IN DISPUTED CASES. The proposed course of proceeding in undisputed cases has been already considered, and the defects incident to the present method in litigious proceedings pointed out. Since this paper was begun the new Consolidated Orders have been completed, and are now in operation. Remarks on their general effect will be found in the introductory observations. They do not, in respect of the matters with which this paper deals, alter materially the pre- viously existing practice. When the alteration, suggested in this paper, has already been in part provided for by an existing rule, reference has been made to that rule in a note, and the same course has been pursued when any special comment has been rendered necessary. All pre-existing rules have been repealed by the new Consolidated Orders, so that no reference to them is considered necessary. The following suggestions are made for the amendment of the procedure, as governed by the new rules. Creditors should he compelled, as far as possible, to give their debtors the opportunity of making use of the machinery provided for the admission of debts, and in those cases in which it appears that plaintiffs have resorted to litigation oppressively or unnecessarily they should be deprived of their costs. When, however, litigation has become necessary, the facilities now given to plaintiffs to issue their process without the necessity of personal attendance at the Registrar's office, should be extended. See Consolidated Order xxxvii., Rule 6. For this purpose printed forms of application to the Registrar, similar to those now in use in many Courts, should he provided and distributed gratuitously at the office of every Commissioner for taking admissions, and at the various post of&ces. The application should contain — 1. — A statement of the name, address, occupation, age, (for the purpose of shewing whether he is a minor or not), and sex of the plaintiff, and the name and address of his agent or solicitor, if any, also similar particulars as to the defendant, so far as known. If either party be a female, it should show whether she is married or not, and if married, the name, address, and occupation of her husband, so far as known. '3,0 2, — ^A short statement q/ the subject matter of the jDlaiutiff' s daim, and the nature and amount of the relief or damages claimed, in the party's own language, or, if a solicitor be employed, in the forms pro\'ided by the Judicature Act and rules thereunder, and by the Schedule to the Consolidated Orders, 1875, for indorsement on \yrits and to accom- pany summonses, save only that in all cases where the claim is for a debt consisting of various items, a bill of particulars setting forth all the items should be annexed to the application. If the plaintiff be a minor, and the cause of action one for which a minor cannot now sue in his own name, the application should contain the name and address of some person willing to act as the next friend of, and be responsible for costs payable by, the plaintiff. If the defendant l)e a minor, it should contain the name and address (if known) of the parent, guardian, or nearest relation of the defendant, and if no such be known, then a statement that the plaintiff is ignorant thereof. If the plaintiff sues as assignee of a chose in action made assignable by the Judicature Act, it should contain the name and address of the first and all mesne assignors, instead of the immediate assignor only as now required. See Consolidated Order vii., Rule 3. The application thus made should be signed by the plaintiff, his solicitor or agent, and transmitted by post to, or delivered at the Registrar's office. Applications not disclosing the plaintiffs address or disclosing a frivolous claim for which it is clear that there is no right to a remedy either in law or equity should be treated as nullities, (subject however in the latter case to an appeal to the Principal Local Judge) — those which contain an unintelligible statement of a cause of action, or are defective in other particulars, should be returned to the applicant for amendment with an explanation of the nature of the defect. When the application is received in proper shape the Eegistrar should issue a monition warning the defendant that an action has been entered against him in respect of a claim for (following as nearly as may be in the particulars the form prescribed by the Judicature Act for the indorsement of a writ of summons, except that the full particulars of a claim of debt should always be annexed) and requiring him forthwith either to state orally to the bailiff serving the monition, in answer to questions to be put to him, the defence which he intends to set up, or within the prescribed time to cause such statement of defence and a statement of some address where service of all future proceed- ings may be effected on him through the post, to he sent to the Eegistrar by post. When the defendant elects to give oral notice of his intention to defend forthwith, the serving officer should put to him a series of formal questions varying according to the nature of the remedy sought ; a printed form of which should be part of or annexed to the monition. The serving officer should take doAvn the answers in writing, and forward them to the Eegistrar. Proposed forms will be found in Appendix E. If the defendant refuses to answer the questions, or elects to defend by a solicitor, or if actual personal service is not effected, a copy of the monition containing, or with the questions annexed to it, should be left with the person served. These monitions should, as a rule, be personally served. Service of an ordinary summons is now allowed to be effected, in general, by leaving it with any person at the residence or place of business of the defendant, if such person be apparently of the age of 16 years; and the Court is to proceed to hear the cause, if satisfied that the summons has come to the knowledge of the defendant, but as it has been the practice to assume this, if the person served promised to give it to him, it is but small practical protection to a defendant.* Personal service of some process is, however, now practically necessary, before any money can be recovered by the process of the Court, except when the defendant has property which can be seized in execution. In the latter case, personal service at the outset would rarely present any difficulty, as a person who has tangible property can almost always himself be found ; in the former no real inconvenience would result from the service of the process personally at the commencement of the proceed- ings, instead of after judgment. Under the present course of procedure, which allows the service of the summons in the manner above-mentioned, and allows the defendant to be represented by his wife or agent at the hearing, it not unfrequently happens that the defendant, appearing on a sum- mons after judgment, alleges, and sometimes, it is to be feared, with truth, that the service of the judgment summons on him is the first notice he has ever had even of the existence of the alleged claim, much less of his having been made defendant in an action. No doubt these allegations are frequently made untruly by fraudulent defendants, but it seems deshable that all pretence of a ground for making them should be swept away, which would be the case, if all process for compelling appearance • See Consolidated Order viii., r. 22. 37 ■were personally served, except in the following cases, viz., when the defendant is — 1. — A prisoner in custody. See 2. — A patient in an hospital or infirmary, dated ' ^- — "^ lunatic confined in a public or private asylum. Order 4. — An infant under the age of 16. VIII., 5. — A person employed in a mine, gunpowder manu- factory, ship, (except ships alongside quays), or any other place which it would be hazardous or unlawful to enter. 0. — A person being at the time of attempted service, in any place, the person in charge of the entrance to which refuses to admit the serving of&cer, on being made acquainted with the nature of his errand. 7. — A defendant fraudulently endeavouring to evade ser- vice, or who, after reasonable inquiry by the serving officer cannot be found. 8. — Cases in which any defendant or his solicitor has given notice to the Registrar that he will be satisfied with service in any other named manner. In all these cases, except Nos. 4, 7, and 8, service should be sufficient, if effected on the person apparently having the control of the ingress to the place in question, and it should be the duty of such person in cases 5 and 6 under a penalty, at the first convenient opportunity, and not in any case later than twelve hours after receiving it, to deliver the process thus served on him, personally into the hands of the defendant. In cases 1, 2, and 8, of prisoners, patients in hospitals, &c., and lunatics, it should be the duty of the person served with the process forth- with to deliver it to the person for the time being in charge of the establishment, who should, if the defendant were then in a condition to understand the nature of the process, and not so ill as to be injured by its communication to him, forthwith deliver it to him. If the defendant were in such a state of mind or body as to be unfit to be served with the process, it should be the duty of the person in charge of the establishment to return such process to the Registrar, with his certificate of the fact. In case No. 4, service should be effected on the infant defendant personally, and also on his parent or guardian, or if not living with any parent or guardian, on the occupier of the house in which he is resident, whose duty it should be forthwith to forward the process by post to the parent, guardian, or nearest known relation sui juris of the infant defendant, and if no such be known, then to return the same to the Registrar, with his certificate of the fact. In case No. 7, service in any manner 38 ordered by the Principal Local Judge, and in case No. 8, service in the manner named should respectively be sufficient. Corporations aggregate and partners should be served as at present. When the Eegistrar receives a proper notice of defence, either from the serving officer, or from the defendant or his solicitor, he should, if the allegations made by the defendant set up a cross claim, or any new matter by way of plea or answer requiring a statement in the nature of a replication from the plaintiff to enable him to settle the record for trial, forthwith forward a copy of the answers requiring reply to the plaintiff with a notice to him to reply thereto. If the plaintiff should not, within the prescribed time, return a statement in reply, or if the defendant's answers be of such a character, as not, in the opinion of the Registrar to call for any .special reply, or if a reply be returned, he should proceed forthwith to settle the issues, and prepare the record for trial, with liberty to apply to the Principal Local Judge to settle them in cases of difficulty, treating any special defence not replied to as traversed. So soon as the issues are settled, and the record for trial prepared, he should transmit one copy to each of the parties, and retain two for the use of himself and the Judge who will have to try the cause. This record for trial should show clearly on whom the burden of proof of every issue raised lies. Either party should be at liberty to demand a jury in any cause, upon making the prescribed deposit, but it should be in the discretion of the Eegistrar, subject to an appeal to the Principal Local Judge, to refuse a jury in any case in which the question raised is one of law merely, or of account, or too trifling to be worth the expense. In the last case, however, the party demanding the jury should be entitled to it as of right, upon paying into Court to abide its further order, a sum in the opinion of the Eegistrar sufficient to compensate the jury for their attendance, and the other side for any expense and delay consequent on their being summoned. Similar provisions, mutatis mutandis, should apply to the appointment of Assessors, and the Principal Local Judge should have power to order either jury or Assessors mero motu. When the defendant refuses to answer the questions put to him by the serving officer, and sends no statement of his defence to the Eegistrar, he should be precluded from any further appearance in defence of the action except by leave of the Court, which should be grantable at any time, whether before or after judgment, on affidavit of merits, and on such terms as to costs and otherwise as may be just. In case of such refusal and 39 default, judgment should be entered against the defendant, final if the claim be for a liquidated demand, interlocutory if for unliquidated damages or relief requiring evidence to show what would be just. In the latter cases the Eegistrar should require an oral statement or afhdavit from the plaintiff detailing the circumstances under which the claim to damage or relief accrued, and the manner in which the claim is made out. On hearing the statement, or perusal of the affidavit, the Eegistrar should enter final judgment for such sum, to be paid at such time, as he thinks reasonable, or if he is unable to arrive at a satisfactory conclusion, or if any special relief beyond the payment of a sum of money is necessary to do justice, he should refer the matter to the Principal Local Judge. If the defendant is certified to be a lunatic in an asylum, or under the care of a private person, whether committee or not, or to be a patient in an hospital, &c., too ill to be served, or is an infant under the age of sixteen, the Eegistrar should not allow the action to proceed unless he is satisfied that the interests of the defendant are in the hands of some person who will take due care of them. If he is not so satisfied, he should stay the proceedings, and report the facts to the Judge at the next sitting of the Principal Local Court, which should thereupon have power to continue the stay of proceedings, or direct the conduct of the defence by a guardian ad litem, or make such other order as to justice might appertain. Infant defendants above the age of sixteen should have the right to a]3pear in person or by guardian at their option. No alteration is suggested in the practice as to the appearance of infant plaintiffs. Nor is any suggested in respect of the procedure at present in use under the Bills of Exchange Act, although for neatness' sake, if the other suggested forms of proceedings were adopted, some slight change in the wording of the forms now in use might be advisable. The record for trial being complete, the Eegistrar should proceed to set down the cause for hearing in the Travelling or Principal Local Court, as the case may require. The principles which should guide him in this have been pointed out ante pp 23—26. The machinery thus suggested will sound at first ponderous and complicated. It will no doubt be objected also, that miscarriages will arise from the ignorance, stupidity, negligence, or fraud, of the serving officers, who will either require to be persons of a higher class than the present sub-bailiff's, or will misunderstand their duties, or return incorrect answers, or fill up 40 their forms with anything, or with untrue answers, to save themselves trouble, or act in collusion with fraudulent plaintiffs. In reply, it is urged that if all such fraudulent conduct on the part of serving officers were made felony, and negligence summarily punishable by the Principal Local Judge, fraud and negligence would be but rare : — that if it should become necessary, even at a somewhat higher cost, to appoint persons of decent character and education to be sub-bailiffs, the change would })Q liighly beneficial and well Avorth the cost. Finally, it is submitted that there is no reason why the sub-bailiffs should be inferior to, or less trustworthy than policemen, upon whose evidence of statements and confessions made to them by prisoners on or after apprehension, unsupported by any written memoranda, those prisoners are every day convicted in our Criminal Courts of serious crimes, and that if the statement of a person in answer to a criminal charge is to have the effect of practically barring him from setting up any defence incon- sistent with it, d fortiori, there can be no objection to a defendant in a civil action being bound by the statement he makes in answer to the civil process at the outset, nor is there anything inquisitorial in his being required to make ^dthout oath an answer which he may be compelled to make on oath by interrogatories. With respect to complication, a little consideration, and the perusal of the specimen forms in Appendix E, will show that the proceedings will really be in simple cases as simple as at present, and that any complication will arise out of the nature of the questions in dispute (difficulties which no system of procedure can avoid) and not out of the process applicable to their solution, while the effect, in all cases, whether complicated or not, will be to explain clearly to the parties what they must come prepared to prove, and thus save much trouble. Thus, take for example the case of an ordinary action for a tradesman's debt, in which the defence is, payment as to part, and set off as to the residue. Under the present system the plaintiff has notice of the defence of set off, but none of payment, and is either led to suppose that no defence but set off is to be set up, or else must come prepared to prove the delivery of every item in his bill. The proceedings consist of, summons with endorsements, a plaint note, and a notice of defence of set off, Avith particulars. These, (omitting the written particulars, annexed to the summons and the information as to hours of attendance at the Eegistrar's office, &c.,) contain about 900 words. Under the system suggested the proceedings would be as foUows, omitting the information as to attendance, &c. 41 (Monition served on the defendant personally.) In the County Court of Warwickshire, Principal Local Court, Warwick. E. 5. ( John Jones, of Little Eatington, Grocer, plaintiff, Between j j^i^f.^ham Smith, of Little Eatington, Farmer, ' defendant. To the defendant. You are hereby warned that an action has been entered against you in this Court by the plaintiff, in respect of a claim, the particulars whereof are hereto annexed. And take notice that if you intend to defend the action you must answer the questions below, either now by word of mouth or by causing to be sent by post, prepaid, on or before day next your answers in writing thereto addressed to " The Eegistrar, County Court Office, Warwick. Dated this day of A.D. 18 B. CAMPBELL, Eegistrar. (Particulars annexed.) Mr. A. Smith, Eatington, To John Jones, Eatington. Dr. 1873. To lib. tea, at 2/ ,, 6lbs. sugar, at /4. ,, 1 barrel soda ,, two sides of bacon . . , , 1 package blue vitriol E. 5. No. Date. 1 Jan. 1 2 3 4 Jan'.' 22 5 Aug. 21 £ s. d. 2 2 8 1 4 2 £3 16 Questions to be answered by the Defendant. 1. Do you admit or deny that the goods, the price of which is sued for, were sold and delivered to you by the plaintiff? 2. Have you paid for them, and when and to whom ? 3. Do you say that the debt is more than six years old ? 4. Do you say that you were under 21 years old when the debt was con- tracted, and if so, when and where ■were you born ? Defendant's answers. 1. Yes, I had them. 2. Yes. I paid for items Nos. 1, 2, and 3 on some day about the end of January last to plaintiff's traveller, a man with a black moustache, I forget his name. 3. No. 4. No. I am 50. 42 Questions to he answered by the Defendant. 5. Do you say that you were a married woman when the debt was contracted, or that you are now a married woman ? If so, state your husband's name and address. 6. Do you say that you have been discharged from the debt by any and what Court of Bankruptcy or Insol- vency, and when ? 7. Has the plaintiff ever accepted anything from you in satisfaction of the debt claimed ? 8. Have you any cross claim against the plaintiff ? And what is it ? If it is a debt, you must make out and annex a bill showing the dates and items. 9. Have you any other defence to set up ? 10. Do you admit, and are you willing to pay any part of the claim and have you offered what you owe to the plaintiff and when ? (By paying what you admit with costs to the Registrar within (3) days from this you Avill save further costs, unless the plaintiff recovers against you a larger sum than you so pay.) 11. Do you wish the cause to be tried by a jury. The above questions were put to the defendant by me, Thos. Wilkins, Sub. -bailiff. Defend mt's answers. 5. No. Certainly not. 6. No. I always paid my way. 7. Yes. I paid part as I told you, and sold him two pigs which covers the rest. 8. Yes. The plaintiff owes me for two pigs sold him. This is the bill marked (A). (This would be in the ordinary form.) 9. No. 10. No. 11. No. Signed, Abraham Smith, Defendant. Dated the day of 18 NOTICE TO DEFENDANTS.— 7il/P0i^2'J.iV^r. If you fail to answer the above questions as required, judg- ment will be given against you without hearing you. All money paid on account of this action must be paid to the Registrar, but any payment you have to make to him may be made, and a receipt for the amount paid obtained at any money order office or post office savings' bank, ujyon jiroduction of this 'paper and payment of a small fee, or you may pay or send the money in any manner you like to the Eegistrar, provided that every sum of money paid is accompanied with a paper on which is legibly written your name and the letter and No. E. 5, and a statement of the amount of the money paid, and the purpose for which it is to be received. The Registrar's office is at No. Jury Street, "Warwick. If you require any further information as to the mode of proceeding, you must apply there personally or by letter addressed to the Eegistrar, prepaid and enclosing a stamped envelope addressed to you. All communications to the Registrar in this action must be marked plainly with the letter and No. E. 5, or they will not be attended to. If you change your address at any time during the progress of this action, you must keep the Registrar informed of such change, otherwise you may have judgment against you in your absence, and be put to great trouble and expense. Hours of attendance, &c. NOTICE OF DEFENCE (TO BE SENT BY POST) TO PLAINTIFF. In the County Court of Warwickshire. Principal Local Court, Warwick. E. 5. C John Jones, plaintiff, Between < and ( Abraham Smith, defendant. To the Plaintiff,— Take notice that the defendant alleges that you owe him the amount of the enclosed account, and that he paid the rest of your claim about the end of January last to a man with a black moustache, who was then your traveller. If you wish to make any statement in reply, you must do so within three days, by a written paper delivered or sent by post to me at my office. If you wish the cause to be tried by a jury you must say so in your reply. Dated, &c. Yours, &c. B. CAMPBELL, Eegistrar. N.B. — Mark your rejply with the letter and No. E. 5, or it will not he attended to. (Plaintiffs Reply.) Little Eatington. Sir,— E. 5. 18 Smith never paid me, and I never had a traveller with a black moustache that I know of As for the pigs. Smith asked me to pay the price to Mr. Williams, the butcher, of Eatington, which I did. I don't want a jury. Yours respectfully, John Jones, plaintiff. 44 RECORD FOR TRIAL. In the County Court of Warwickshire. Principal Local Court, Warwick. C John Jones, plaintiff, E. 6. Between < and ( Abraham Smith, defendant. This cause will be tried at the Court to be holden at the Town Hall, Stratford-on-Avon, on Tuesday, the day of next, at 10 o'clock a.m., precisely, when and where the parties are hereby required to attend and to produce all their evidence. The questions to be tried will be only 1. — Whether the defendant has paid to a traveller or agent of the plaintiff 12s. on account of the debt claimed. 2. — Whether the plaintiff, at the request of the defendant, paid to one Mr. Williams, of Eatington, butcher, the price of the two pigs mentioned in the defendant's claim of set-off. Dated this day of 18 B. CAMPBELL, Registrar. To the Plaintiff and Defendant, — Notice. — If you wish to prove the contents of any book or paper, you must bring the original with you if you have it, or summon the person who has it to produce it. If the other party to the action has it, you must immediately give him notice to bring it with him to the Court. You cannot give in evidence what other people told you, but you must bring the witnesses to speak for themselves. Summonses for witnesses may be obtained at the office of any commissioner for taking admissions in a County Court. Any summons intended to be used must be filled up legibly with the names and addresses of the witnesses required, and delivered at or sent by post to the Registrar, County Court Office, Warwick, in sufficient time to allow of its being served, and the witnesses attending. It must be marked with the letter and No. E. 5, and accompanied with a fee of shilling for every witness named in it, and with a sufficient sum of conduct money, time and travelling expenses to the Court. If sent unmarked or not in sufficient time, or without the fees and conduct money, the witnesses will not be summoned. If you intend to instruct a solicitor, do so at once, and do not wait until the Court day. There are about 1,200 words in the whole of the above proceedings, exclusive of particulars, while the plaint note, summons, and notice of set-off hitherto used contain, as has been pointed out, about 900 words, exclusive of particulars. 45 The plaint note now in use contains, however, a notice to the plaintiff of the mode in which money is to be paid into and out of Court, and other matters, to which his attention must be called in some way. It is proposed that this should be done by annexing to the form of prsecipe for a monition a printed paper of plain instructions, which may be detached and retained by the plaintiff. This would not form part of the proceedings, which, as proposed, would exceed in length the old one in such a case as that selected for an example by about 800 words. But, against this excess, it is to be remembered that the parties would come into Court with distinct notice of the issues to be tried, and without the usual excuse for asking for an adjourn- ment, that they are taken by surprise by the case on the other side. Under the present system the plaintiff would certainly profess to be taken by surprise by the allegation of payment to his traveller, and the defendant, by the allegation of satisfaction of his set-off by payment to Williams, and an adjournment would certainly be necessary. By the proposed new method, at the cost to the Eegistrar of the trouble of composing about 88 words of original matter inserted in two printed forms, to his clerks of filling up blanks in printed forms with a few names, dates, and letters, to the serving officer of filling up a form with 85 words, and of 3d. postage, this necessity would be avoided and the cause disposed of satisfactorily on its merits at a single sitting. A case which involves the necessity of a replication has been purposely selected as a specimen, but in the vast majority of cases the issues would be simpler. To the first question the answer would be " No, I never saw them," or " It is my daughter's debt," or " No, I didn't have more than these," (pointing them out) or to the 2nd question — "Yes, I paid for everything as I had it," or, in answer to the 1st and 10th questions, "I owe something, but I don't know how much." In all these cases the proceedings would be short and simple, and in the last, (a very common form of defence,) there would be no notice to reply and no statement from the plaintiff in reply, and the Kecord for trial would state the question to be one of account only, and direct the parties to produce all their books, vouchers, &c. In these cases the trouble imposed on the Eegistrar of filling up printed forms would be infinitesimal, while the plaintiff coming without the proper evidence would be inexcusable. No change is suggested in the mode of trial, except that, as above mentioned, the right to a jury should not depend on the amount in, but on the character of the, dispute, and the Judge should be expressly empowered to direct a jury to be summoned 46 in all cases in whicli he sees fit to do so, and to adjourn any cause for the purpose of having any issue arising in it tried by a jury, and the same rule should apply to assessors to be appointed under the County Court Act, 1875. There does not seem to be any good reason why the number of five should have been selected by the framers of the original County Court Acts as the number for the County Court Jury. In the opinion of the author the number is too small. He has judicial experience in his two capacities of Judge of County Courts and Vice-Chairman of Quarter Sessions of both the number five and the number twelve, and he finds that the larger number are usually more attentive to the cases they try and the direction of the Court, than the smaller number, who are sometimes apt to forget the distinction between their duties and those of the Judge, and are also occasionally apt to converse amongst themselves instead of attending to the evidence and the demeanour of the witnesses. Moreover, with the larger number, the effect of the influence of a juryman client of one of the solicitor-advocates engaged, (the prevailing blot on the usefulness of Countv Court Juries) would be less sensibly felt. It may not be improper to notice that an opinion in favour of the customary number is to be found expressed in a report made by the Judges of the Superior Courts to the Lord Chancellor in the year 1874. VII. SUGGESTIONS FOE THE AMENDMENT OF THE CONSTITUTION AND PEOCEDURE OF LOCAL COUETS, CONTINUED. ON THE PEOCEDURE IN ADMINISTEATIVE BUSINESS, EQUITY, ADMIEALTY, AND BANKEUPTCY. The only substantial alteration which is proposed in cases in which the relief sought by the plaintiff is of a purely equitable character, or involves the exercise of administrative functions by the Court, is, that some written defence to the plaint, either in the form of a demurrer, or plea, or answer should be compulsory. A copy of the particulars of complaint should be annexed to the monition in the same way as it is now annexed to the summons, and shoiild be as concise as possible. Instead of the questions to be put by the serving 47 officer, the plaint might be accompanied, in proper cases, by interrogatories to be framed by the plaintiff and answered by the defendant through the post within the prescribed time. Such interrogatories should however, in all cases, be perused by the Registrar, and should be disallowed by him if so framed as to be unintelligible to an illiterate person. The author having been in practice at the Common Law Bar only, does not feel competent to suggest any further alterations in the procedure in matters as to which jurisdiction is given to the County Court by 29 and 30 Vict., c. 99, or which have hitherto been within the exclusive cognizance of the Court of Chancery. For a similar reason, as to Admiralty and Bankruptcy, and for the further reason of there being no town on his Circuit with Admiralty jurisdiction he prefers to leave any suggestions on these subjects to be made by others of greater experience, but he is bound to add that he has found no difficulty whatever (except such as arises from the inexperience of practitioners) in working his Bankruptcy jurisdiction with the present machinery. VIII. SUGGESTIONS FOE THE AMENDMENT OF THE CONSTITUTION AND PEOCEDURE OF LOCAL COUETS, CONTINUED. ON THE PROCEDUEE FOE ENFOECING OBEDIENCE TO THE JUDGMENTS AND OEDEES OF THE COUET. We now come to consider the method of enforcing obedience to the Judgments and Decrees of the Local Court. Judgments and Decrees which cannot be obeyed merely by the payment of a sum of money, and orders for the payment of money held by the debtor in a fiduciary capacity, should, it is conceived, be enforceable by imprisonment as at present, and orders for the payment of money constituting ordinary judgment deljts, should be so enforceable in case of the debtor's ability, and negligent or contumacious default in obeying them. Differences of opinion, it is well known, exist on the subject, but unless the power of compelling by some penal process persons who can but will not pay, to pay, is retained, it is difficult to see how the payment of debts, or, (which is perhaps more important) of damages for injuries committed, can be enforced against persons whose property consists only of 48 their earnings. This, however, is hardly the place for the discussion of this question ; and throughout this paper it is assumed that the powers of all Courts will in this respect be continued as heretofore. It is, however, suggested that the present requirement of personal service of the commitment summons on the judgment debtor should be dispensed with, at least in cases in which there has been either personal service of, or an appearance in person to, the monition. It seems as unadvisable to require personal service of the commitment summons, as to continue the present system of non-personal service of the original process. Fraudulent debtors are more likely to be found before the commencement of the action than after judgment obtained against them ; and much more trouble is now (it is believed) wasted in ineffectual efforts to serve persons of this class after judgment, than would be incurred by serving them in the first instance personally. It will have been observed that by the suggestions for the service of original process contained above, (see ante page 43) defendants are warned to keep the Eegistrar informed of their addresses. It should be the duty of both plaintiff and defendant, until the proceedings are wound up by a satisfied judgment, to keep the Eegistrar from time to time acquainted with their postal addresses ; and service of all process subsequent to the monition, and {inter alia) of a judgment summons, by post at the last indicated place of address of the person to whom the process is directed should be sufficient, unless the Judge should be satisfied that it had not come to his knowledge, and had not been kept from his knowledge by any fraud or artifice to which he was privy. In cases in which no postal address has been given by the judgment debtor, or in which the summons posted is returned through the dead letter office, it should be competent for the Judge to direct service in such a manner as in his opinion would best secure the ends of justice. Letters, &c., sent from the Kegistrar's ofiice by post should not have the words " County Courts," or any similar notice of what they are, printed on the outside. Any mark required for the identification of the stationery should be inside, and out of sight until the envelope is opened. Every warrant issued for the commitment of any judgment debtor, should state on its face whether it was issued on hearing the party committed, or by default ; and in all cases in which a judgment debtor is arrested on a warrant issued in his absence, the nearest Magistrate, or the Governor of the gaol, should be bound to release him on his finding sufficient bail to secure 49 his appearance at the Court to which he was summoned, at its then next sitting, then and there to render himself into custody and abide the order of the Court ; and every officer executing a warrant of commitment should be provided with a proper form of recognizance. The Court should, upon the surrender, have power to direct the immediate or suspended enforcement of the warrant, or its supersession, upon such terms as might be just, and the order then made should be indorsed thereon. The Principal Local Judge only should have jurisdiction in respect of the hearing and determination of commitment summonses, but the Eegistrar, whether acting as such, or as Travelling Judge, should have jurisdiction to suspend the execution of any warrant granted at a previous sitting of the Principal Local Court, until its next succeeding sitting, on proof of altered circumstances supervening. Evidence as to the debtor's means should be taken by affidavit, unless either party or the Judge should specially require the attendance of witnesses. In the event of the Principal Local Judge being satisfied at any time during the currency of the period of suspension of a warrant of commitment, upon an ex 'parte, application made to him in or out of Court by the plaintiff that the defendant has since the hearing of the commitment summons, become possessed of means sufficient to satisfy the judgment debt, and is about to abscond for the purpose of defeating or delaying the plaintiff, such Judge should have power to direct the immediate issue of the warrant unless the defendant should find security to appear at the then next sitting of the Principal Local Court and abide its order. An application for this purpose made by the plaintiff, maliciously and without reasonable or probable cause, should be punishable as a contempt of Court, whether the applicant should have rendered himself liable to be indicted for perjury or not, and the Principal Local Court should have a summary power of ordering satisfaction to be made by the applicant to the party aggrieved. The consideration of the method to be followed in the collec- tion of the amounts ordered to be paid, necessarily involves a few words on a branch of the present system, which has, unfortunately, been made the subject of an unfavourable report by the Judicature Commissioners. It is, however, the opinion of nearly every person, judicial or otherwise, who has had official experience of its working, that the " Banking system " is most beneficial, and that it is absolutely necessary, if the practice of ordering the payment of small debts by instalments is to be maintained. 50 If it were not for this system, which provides simple and clear evidence of the payment of each instalment by the debtor, the greater part of the time of the Court would be occupied, to the grievous hindrance of the other business, in the settlement of disputes between judgment creditors and debtors as to whether any, and how many of the instalments ordered, had in fact been paid — disputes which in the majority of cases it would be impossible to settle satisfactorily, and the raising of which would increase to a fearful extent the crime of perjury, already lamentably common in the County Courts. But it has by no means been forgotten, that with the proposed abolition of the offices of the Courts converted into Travelling Courts, the destruction of the Banks which they constitute, follows as a matter of course. And it would be manifestly inconvenient, if not impossible, that the debtor, on paying every instalment, or the creditor, on receiving it, should be obliged to travel to and wait upon the Eegistrar of the Principal Local Court at the Court town, distant it may be many miles. The mode then in which it is suggested that the benefits of the existing banking system should be kept up, without the main- tenance of the existing establishments, is by utilising the means afforded by the post office. A debtor may, it is true, now remit his instalment to the Eegistrar by post office order. But this involves not merely the commission on the post office order itself, but its transmission by post together with the printed form of receipt for the signature of the Eegistrar, which latter has to be returned to the debtor by post. The debtor has thus to bear, in addition to the commission, the expense of postage both ways, and he has to procure writing paper and direct an envelope legibly, no small difficulty to a large class of County Court judgment debtors. The greater part of these difficulties would be got rid'of by authorising the judgment debtor, instead of taking out a post office order, to pay the amount which he desires to pay into Court into the nearest post office savings' bank to be placed to the credit of the Eegistrar at the post office savings' bank of the Court Town. The judgment debtor thus paying in money should be obliged to produce at the time of paying in, the form of judgment paper now in use, or his admission paper, on which the postmaster should stamp or sign a receipt, which receipt should be a sufficient discharge for the amount paid in. Every sum thus transferred to the credit of the Eegistrar should be identified by the letter and No. of the plaint in respect of which it is paid, and this letter and No. should be entered in the post ofi&ce account books. Instead of the present system of making 51 the first instalment payable 28 days after the date of the judgment, and the succeeding ones at intervals of four weeks, there should be fixed settling days in every calendar month, on or before which the debtor should be bound to pay his current instalment, and certain other days fixed at a prescribed interval, on which it should be the duty of the Eegistrar to present his savings' bank book to be made up, so as to show the amounts paid in, and on or after which days the judgment creditors should be entitled to draw them out. In order to facilitate the dra%\dng out by judgment creditors of the sums to which they become entitled, they should have the option of naming agents in the Principal Local Court Town to receive and give receipts for the money, or of naming some post office savings' bank into which the sums from time to time due to them should be paid. It should be the duty of the Registrar, within a prescribed time after the periodical making up of his book, to transfer in the ordinary way now in use to the post office savings' bank named by the judgment creditor the net sum to which he is then entitled. The deposits thus made should stand to the credit of the judgment creditor, and be disposable by him in the ordinary way, and the entry of the transaction in the ordinary post office books should be a sufficient discharge to the Eegistrar. By this plan, without involving the post office officials in the trouble of any further accounts than those ordinarily incident to the transaction of their savings' bank business, the benefits of the County Court banking system would be preserved, while the expense of maintaining a large number of offices, which is under- stood to be the principal objection to it, would be got rid of. No interest should be allowed on the funds thus in the savings' banks, nntd. they assume the ultimate form of ordinary deposits to the credit of the judgment creditor. The post office would thus get the benefit of the accruing interest on the floating sums in its hands, which, if the settling days were fixed on difierent days in the difierent Court Towns, would always amount to a handsome sum. The interest on this retained by the post office, would, it is conceived, be sufficient to pay any extra clerks whom it might be necessary to employ. The foregoing suggestions are made on the assumption that they would meet with the approval of the post office authori- ties. But in order to provide for the contingency of objections being raised by them to the proposed plan, on the ground that it will increase the labour of their department, without providing adequately for the remuneration of the persons employed, it is suggested as an alternative that aU payments into Court might 52 be made "by post office order, with fhis difference from an ordinary order, that instead of the order itself being delivered to the applicant for transmission by him, a receipt for the amount paid in should be handed to him, identified by the letter and No. of the plaint, and the order itself transmitted to the Eegistrar by the Postmaster. As many of these orders would be for very small sums, a special rate of commission should, if possible, be arranged with the Postmaster-General. The com- mission should be paid by the sender on the transmission of the order, but if the judgment debtor should bring an instalment without the commission, the amount should not be refused, but the balance, after deducting the proper commission, remitted to the Eegistrar, and a receipt given to the sender for the balance only, on account of debt. Forms of the proposed receipt will be found in Appendix E. It is not thought worth while to suggest any special form of money order. With regard to payment out of Court to the judgment creditor, it is conceived that he should be entitled, as of right, to have the amount placed to his credit in a post office savings' bank, (subject to the rules of the post office for the time being affecting these deposits), or to have it remitted by post office order, or to receive it in person or by agent. In all cases in which the party entitled elects to have the money transmitted to him in any way through the post office or by agent, the receipt of the Postmaster of the Court Town, or of the agent, should be an effectual discharge to the Eegistrar. See Consolidated Orders xxxvii., r. 5. It is not suggested that the existing processes should be inter- fered with in substance, except so far as they are expressly noticed, but it is suggested that where a warrant of execution issues against goods, and the Principal Local Judge, or a magistrate acting for the Petty Sessional Division, is satisfied upon oath that they have been fraudulently concealed or locked up to avoid seizure, either of them should be empowered to issue a search warrant authorising the holder, in the presence of a constable, and subject to such restrictions to prevent oppression or breach of the peace as might be thought advisable, to break open the doors of the place, or suspected place of concealment. It should, however, be lawful for any person aggrieved by the exercise of this power to apply summarily to the Principal Local Judge for redress, and he, after hearing such parties as he should think proper to have summoned before him, either should dismiss the application, or order any person who shall have been guilty of extortion, oppression, or of doing unnecessary damage to the place of deposit, to make satisfaction. 53 There should also l3e some summary method of testing the title to property against which execution issues, without actual seizure and interpleader. If a County Court Judge, when informed that a judgment debtor summoned on a commitment summons, is carrying on a prosperous trade, asks, as he often does, " Why, then, do you not seize his goods V he invariably receives the answer, " There is a bill of sale," or " They are in his brother's," or " father's," or " mother's name," as the case may be. It is suggested that whenever the bailiff attempting to seize in execution goods ostensibly in the order and disposition of the judgment debtor, is met by the claim of a third person, it should be his duty, if he does not seize, to return the reason specially, and, thereupon, the execution creditor, without any process of interpleader, should be at liberty to summon the claimant to defend his title to the goods, and the summons should contain an injunction to the claimant against parting with the alleged ownership or control of the goods pending the proceedings. In such cases the onus prohandi of his title should be on the claimant, who should not be entitled to defeat the execution unless he succeeded in showing either a title para- mount to that of the judgment debtor, or if derivative, an absolute purchase for valuable consideration equivalent to the full pecuniary value of the goods at the time of the purchase. If he should succeed in proving only a title as mortgagee, or as purchaser by sale for less than the fau' market value, the Court should have power to order a sale of the goods, and out of the proceeds the claimant to be reimbursed such sum as should, under the circumstances, be just, and the balance, if any, to be paid to the execution creditor, and should have full power over the costs. There should be an alternative power, instead of directing a sale, to declare the judgment debt a charge on the goods in such order of priority as justice might require. These powers, however, should not prejudice marriage settlements, and a bond fide assignment of goods before marriage to the trustees of an ante-nuptial settlement should always be treated as a sale for the full value. It is submitted that the effect of this method would be to defeat fraudulent assignments made for the purpose of defeating creditors, while, at the same time, it would enable claims in which there might be a hond fide question in dispute, to be tried, without subjecting the claimant to the annoyance of having his goods seized ; and the power to declare the debt a charge without directing a sale would often save a struggling honest debtor from being ruined by being sold up. The Court should have the further power of ordering the claimant, in proper cases, to find security against the goods being eloigned pending 54 the trial of the title, and in default should foreclose him from setting up any claim to them. It is not suggested that the proceedings in interpleader (except as aforesaid), those for the attachment of debts, or any other matters in respect of which the provisions of the Common Law Procedure Acts have been applied to the County Courts should be meddled with, except so far as they have been altered by the new Consolidated Orders and the operation of the Judicature Act. It would be well, however, if the suggestions contained in this paper were adopted, that these Orders and the County Court Act, 1875, should be subjected to a very careful revision before any further statutory change is introduced, with the object of providing that the necessary Statute to be passed should deal so comprehensively with matters of detail, as to avoid any question whether the rules framed under it would be ultra vires, and that the rules themselves should leave no matter of detail unprovided for. Supplemental rules to those of 1875 have already become necessary. IX. ON THE FINANCIAL AEEANGEMENTS DUEING THE TEANSITION PEEIOD. The next question remaining to be considered is that of the financial arrangements for providing for the transition period. The 27 Judges, whose services would become unnecessary cannot lawfully be, and the Eegistrars whose Courts are proposed to be abolished ought not in common honesty to be, dismissed from their offices without compensation, and the High Bailiffs appointed before 1866 would likewise be entitled to compensation. It would therefore be the case, no doubt, that, great as the saving would eventually be, the suggested system, if adopted, would at the outset involve some pecuniary loss, and this should, of course, in the interests of the public, be reduced to the minimum point. First, with respect to the Judges. There are at present 17 of the number who have entered upon or passed their 40th year of standing at the Bar, and there are five gentlemen who have held their offices since the first establishment of the Courts in March, 18-47. In the ordinary course of nature it is impossible but that the vacancies occurring in this list annually 55 must be nuinerous. Tweuty-two deaths and resignations liave occurred between the publication of the Law List in 1871, and the same period in 1876, i.e., at the average rate of 4"4 a year; and assuming them to continue at this rate, a period of 614 years woukl elapse before the Judges would, by the ordinary course of nature, be reduced to the number of 30. In the meantime, however, the existing Judges could be utilised to carry the proposed scheme into effect. A selection of the 30 considered to be most eligible might be made to fill the post of Principal Local Judge. The remaining 27 might not unreasonably be called on to discharge the judicial duties intended to be imposed on the Registrar of the Principal Local Court until they vacate their offices, Registrars paid on the basis of the present rate of remuneration, and discharging ministerial duties only, being retained temporarily in those Principal Local Courts, the travelling Courts dependent on which are served by existing County Court Judges. These Judges might be allotted amongst the several smaller circuits, omitting some of the largest manufacturing districts, where the business of the Registrar's office being already very large, and probably occupying the greater part of his time, it would be more likely that the place of Registrar-Travelling Judge would be satisfactorily and willingly filled by the existing Registrar than in the smaller districts. In these it might be advisable to take the chance of vacancies occurring in the office of Registrar during the performance of the duties of Travelling Judge by existing County Court Judges, in which case the appointment of the new Registrars might either be temporary, or if permanent, of men able and willing to undertake the new duties when the proper time should arrive, but content with the old salary in the meantime. A scheme providing thus temporarily for the employment of the 27 Judges, wlio would not be made Principal Local Judges will be found in Appendix D. Whenever a vacancy occurs amongst the 30 Principal Local Judges it is suggested that it should be filled up by the promotion of one of the 27 not already occupying that office, so long as any of them fit in the opinion of the appointing authority should remain. As vacancies by death, resignations, or promotions, occur in the ranks of the 27, these should not be filled up, but the substitution of Registrars gradually effected. A County Court Judge has (as lias been already pointed out), no official status or precedence ; if therefore the work imposed on those selected for the inferior position were not increased, or were lightened, they could not fairly complain. That it would 56 he lightened, at least in the number of days on which sittings are required, ^vill (assuming the calculations contained in AiDpendix C. to be well founded) be ob^dous by reference to that Appendix, and Appendix D. part I., and by a comparison with the Parliamentary returns of 1872. According to those returns, of the 57 County Court Judges then in ofiice one sat on 196 days, five more on 160 days and upwards, nine on 150 and under 160, 15 on 140 and under 150, nine on 130 and under 140, 11 on 120 and under 130, seven on 110 and less than 120, and none less than 110. By the scheme suggested in Appendix D., the average of the days of sitting by the Judge of the Travelling Court in one Circuit only — the Metropolitan — would amount to 165 days, five would require 140 and under 150, and two 120 and under 130. It is believed, moreover, that if the proposed plan were tried, the estimate of days required for the sittings of the Travelling Courts would be found to be in excess of the number actually required, and it is a matter to be taken into account that by being permitted to hold several Courts in one day the Judges would be subjected to much less incon- venience than at present. Assuming that the selected 30 Judges were to be paid £2,000 per annum, an additional sum of £15,000 would have to be provided annually. But, if the number of deaths or retirements amongst the existing County Court Judges continued to go on at the average rate, and those occurring amongst the 30 Principal Local Judges were filled up by the promotion of men selected from the 27 retained to serve the Travelling Courts, the public purse would gain on an average a sum of £6,600 a year, by these, and thus in less than seven years the cost of Judges' salaries would be reduced from its present amount of £85,500 to £60,000 per annum. 'Of course it may well happen that if the experiment were tried the deaths and retirements during the first seven years would not equal the average, and it is scarcely possible that they should happen at regular intervals, so as to make the above calculation accurate, as regards each year. But the deficiencies of one year would probably be replaced by the excess of another, and the deaths, &c., would be as likely to be over as under the average, so that the estimated rate of recovery from loss does not seem to be an unfair one. Next, with regard to the Registrars. The labour of ascertaining the amount of the salaries of these officers all over England would occupy much more time than has been available for the purpose. Warwickshire, exclusive of Birmingham, is therefore taken as a fair example of one of the proposed new jurisdictions. Under the proposed system Warwick would 57 be the seat of the Priucipal Local Court holclen for the jurisdiction, and it would absorb the offices of the following Courts, viz. : — Alcester, Nuneaton, Southam, Atherstone, K^gby, Stratford-on-Avon, Coventry, Solihull, Tamworth. The total number of causes entered in these Courts in the year 1872 was 6,690. In the Court at Alcester there were 419 plaints levied in 1872, the total sum claimed in which was £897. The fees received from all sources were £137. Of the plaints levied, 90 were settled under circumstances which involved the payment of half the hearing fee only, 159 were determined in Court, and 170 were withdrawn or otherwise settled without coming into Court. It is impossible, without a minute search through the Court books, to ascertain the exact amount of fees apportionable to each of the separate heads of plaints, or what is the exact per- centage, because in reckoning the amount of fees, fractions of £1. are reckoned as £1. On the assumption however that the average amounts of the settled, withdrawn, and admitted cases are proportionably equal to those of the causes heard, the amount of the claims in the settled and withdrawn cases would be within a minute fraction of £366-07, against £338-21 recovered by trial, and £192-72 in which judgment was entered by con- sent, &c. If these claims each consisted of an even number of pounds, the proportion of fees received on the 170 withdrawn cases would be (omitting minute decimals) £18-3, and on the 90 admitted cases £19-27 for summons and hearing; those on the 159 cases heard in Court £50-73. But this calculation cannot be taken as correct, for there are the additional fees of Is. for service in the case of claims over 40s., Is. each for defendants above three, and the increased percentage arising from fractions of £1 being treated as £1 to be taken into account. If 25 per cent, be added to each head to represent the proportion of in- creased percentage and the extra shillings, this would increase the fees thus receivable to £22-88 in the withdrawn, £24-09 in the admitted, and £63-41 in the adjudicated cases, leaving for the miscellaneous fees other than for summons and hearing, £26-62. It is, of course, believed and hoped, that a very large propor- tion of cases now treated as determined, and which, it is to be remembered, include all cases in which the defendant does not answer when the case is called on, would be disposed of under the new system out of Court l^efore Commissioners, but some time must necessarily elapse before the public would become familiar ■with the new practice, and therefore in ascertaining the sums 58 applicable to compensation to the Registrars proposed to be abolished, it would be reasonable to assume that those cases only which are now settled out of Court, or in which judgment is given by admission, would come before the new Commissioners during the first years of the new system. If the present scale of fees were maintained with respect to cases brought into Court, and 1872, which has been selected at random, for reasons above stated,* taken as a specimen year, the following results would ensue in the case of Alcester, subject to corrections in the decimals, which it is not thought worth while to work out beyond two places. £46"97 Avould cease to be receivable, and would be replaced by fees paid to Commissioners for taking, and to the Principal Local Court for recording, admissions. £6341 would find its way into the Principal Local Court as entry and hearing fees on causes entered there for trial. £26'62 would find its way into the same Court in the shape of fees for miscellaneous proceedings occurring eitlier during litigation or after judgment, and would still be receivable. £1371)0. It has been assumed that all the cases withdrawn are settled by the admission of the defendant. Some .few, no doubt, are settled by a nolle prosequi, the plaintiff finding his case untenable, but as in all those cases the fees would be received for entering the action, it is not thought worth while to calculate the per- centage separately. On all cases settled by admission before Commissioners there would be an additional fee of 3d. in the £. The annual amount recovered by these admissions M'ould be, on the basis of the above calculations, £558'79, on which £7"00 (within a minute fraction) would be receivable by the Principal Local Court for recording the admissions. The total amount to be paid into the Treasury of the Principal Local Court at Warwick, in lieu of the fees new received at Alcester, would, therefore, if there were no Registrars of abolished Courts to be compensated, be as follows : — Pees on causes entered for trial £63'41 „ for recording admissions 6'98 „ on miscellaneous proceedings 26'61 £97-00 * See ants p. 25. 59 Assuming that the Eegistrar of this Court was appointed previously to 1866, his salary ^yould amount for the year 1872 to about £165, and this amount would have to he provided annually out of some fund during the life of the existing Eegistrar. The difterence, however, between £137, the amount of the fees on all proceedings and the salary now paid to the Eegistrar, is in this case loss already under the present system, independently of all the other expenses of the Court. In some other cases there will be a surplus of fees after the payment of the Eegistrar applicable to those expenses. It will, therefore, be necessary in order to avoid loss in the pa}Tnent of compen- sation, to provide a fund at least equal to the amount of the fees now receivable, which shall be applicable to compensation. The first step towards providing this fund would be, to appoint every abolished Eegistrar a Commissioner for taking admissions under the new system, and to make him account, in aid of his compensation, for the profits of the office. In the case of Alcester, upon the assumption hitherto made, the number and amounts of the plaints which would be annually replaced by admissions before Commissioners would be 260, covering a sum of £558"79, or an average of a little more than £2 per plaint. The average sum receivable therefrom would be 2s. for each admission or £26. Assuming that two-thirds of the admissions only were made before the abolished Eegistrar, and the rest before Commissioners residing at other places in the district, the net receipts by the old Eegistrar on this account would be £17"33, so that the net loss of fees on this head would be £11 9 •67. But the fees still receivable .from Alcester by the Principal Local Court at Warwick would be available towards a further reduction of the loss. These would amount by the calculation already explained to £97 and would reduce the net loss to £22'67. For this annual payment during the life of the existing Eegistrar, the whole establishment of the Court would be got rid of, except only the compensation to the High Bailiff, and the sum paid to the owner (in this case Lord Hertford) for the use of the Court room. The cesser of the rent of offices alone would reduce the loss to a trifle. The High Bailiff", if appointed before 1866, would also have to be compensated, but as in the case put the whole of the expenses of his office are a dead loss already, there would be no additional loss on this head to be taken into account. On the other hand, so long as his salary or compensation is paid, he might fairly be called on to assist the High Bailiff of the Jurisdiction in the service and execution of process. The aUowance for a sub-bailiff would cease, and be swallowed up in 60 the allowances to be made to the High Bailiff of the Principal Local Court. Without going in every case through the calculations in detail, the following table will show, on the basis of the returns of 1872, the amount of loss which the new system might be calculated to entail during the first year of its operation in the County of Warwick, exclusive of Birmingham, it being assumed that the same sum which was in that year provided out of fees towards, or in full of the Eegistrar's salaries and other expenses, has still to be provided. Court. Total Fees in 1872. Fees still receiv- able by the Prin- cipal Local Court. Fees receiv- able by the Registrar and applicable in reduction of com- pensation. NetLoss. Net Gain. Alcester £ 137 144 799 309 343 121 112 241 108 £ 97 94 57 632-88 222-9 215-86 76-67 71-6 172 15 92-51 £ 17-33 14-46 91 33-4 51-86 13-2 11-2 40 33-86 £ 22-67 34-97 75-12 52-7 75-28 31-13 29-2 28-85 £ 18 37 Atherstone Nuneaton Huabv Solihull Southam Stratford- on- Avon Tamworth 2,314 1,676-14 306-31 349-92 18-37 The above table shows, therefore, a net loss of £331 '5 5 out of fees amounting to £2,314. This loss has, however, to be corrected by the subtraction of the rent of the County Court offices. Putting this at an average of £15 per Court it would in the case under consideration amount to £145, reducing the loss on the first year to £186'55 only. The Eegistrar's salaries, in the case of the above nine Courts, amounted in 1872 to £2,145. If the displaced Eegistrars were bought out instead of being paid their annual salary by way of compensation, the following would be the result financially. Calculating the value of the Eegistrar's salary as an annuity upon the basis of the tables annexed to the Succession Duty Act, 1853, (16 and 17 Vict., c. 51,) and the average age of the existing Eegistrars at 50, which is a low estimate of their average age, the amount required to buy out the Eegistrars 61 of the nine Courts above proposed to be absorbed in the Principal Local Court at Warwick would be ^26,102-47. If this sum were borrowed' at four per cent., and repaid by instalments spread over 30 years the charge on the first year would be — Interest <£'10441 One-thirtieth of Principal d£'870-01 dei914-ll But the amounts received for fees from the above Courts in 1872 amounted to £2,314: or £1Q9 in excess of the Eegistrars' salaries, and this sum therefore ought to be added to the charge for every year, bringing the total charge for the first year to d£'2,08311. Against this the fees calculated to be receivable would amount to <£'1981-45 ; to wit £167614 for fees actually paid into the Treasury of the Principal Local Court, and £306'31 which the displaced Eegistrars w^ould earn as Commissioners, and for which they would have to account. To these sums should be added the saving effected by the cesser of the Court of&ce rents, estimated at ^6*145, which would make the total amount available as a set off against the first year's charge of £2,08311 the sum of £2,12615, leaving in the first year £43"34 in addition to the £169 above mentioned, to be applicable to the compensation of the High Bailiffs, and the increased salaries and expenses of the Principal Local Court at Warwick. The amount thus applicable would increase year by year by a sum of £34-8, the interest on the amount annually paid off It is not considered necessary to occupy the time of the reader by working out similar calculations in the cases of all the Courts proposed to be abolished, but enough, it is conceived, has been said to show that it would be possible to make a fair and equitable bargain with the Ptegistrars proposed to be displaced, without subjecting the public purse to any unreasonable burden. In the cases of some of the large manufacturing districts where the local area comprised in a jurisdiction is small and the population dense, and where the Courts, as they exist at present, are profitable, it might be considered advisable to preserve some of the existing Eegistrars' offices as branch offices of the Principal Local Court, presided over by officers subordinate to the Principal Local Eegistrar, and assisting him in all his work except that of Travelling Judge.* In these cases it would not be necessary to appoint Commissioners for taking admissions * See ante p. 32. 62 within the district of the branch office, as that office would be readily accessible. Let us take the Manchester jurisdiction as an example of what the pecuniary result would be, assuming that the Eegistrar's office of the Salford Court were continued as a branch office of Manchester. At this j)lace the plaints entered in 1872 were on an average for very nearly ^2 a piece. Of these 3,440 were settled without judgment, and represent fees to the amount of ^£'344. 2,740 were judgments by consent or admission and represent fees to the amount of .£'548, making a total of £892. If all these cases came into the office under the new system as admissions the fees would amount to .^"'772, to wit £618 the fees for taking, and £154 the fees for recording the admissions, showing a loss of df 120. In this case the 25 per cent, for fractions of £1, and the extra shillings has not been added, because in fact the amounts sued for average slightly below, and not above £2 per plaint. In the case of so large a Court as Salford, the total fees received in which in 1872 were no less than £3,352, the loss of £120 per annum is not a matter of much consequence, but the loss would be more than saved on the occurrence of a vacancy in the office of Eegistrar, by the appointment of a subordinate to the Manchester Principal Local Eegistrar in his place at a lower salary. The whole of the above calculations with respect to the financial results of the suggested changes, proceed on the assumption that the number of cases taken by way of admission before Commissioners, will about equal the number of plaints settled out of Court, plus the consents. No allowance has been made for those cases settled out of Court in which the settle- ment is in the nature of a nolle prosequi. The reason for not making any such allowance in calculating the apportionment of the fees received under the present system to the various heads has been already pointed out, the reason for not doing so in calculating the fees receivable under the proposed system is, that the entry of a nolle prosequi by the plaintiff implies that there is a good defence, and that the cause is really litigious. In these cases, therefore, the plaint would be entered and the monition issued, and if the fees are levied as suggested further on, there would be a larger sum to receive from these cases than from the cases settled by admission.* It may be objected that the above calculations are fallacious on one or other of two grounds, either 1. — That the public will not take advantage of the process provided for admission, but that creditors will sue their debtors * See post p. 66. 63 in a hostile manner as heretofore, so that there will be nothing, or next to nothing, for the abolished Eegistrars to receive qud Commissioners, or 2. — That if the system is successful, the Court fees of Is., 2s., and sometimes os. in the £ will be reduced to 3d., so that there will be a serious loss of income in the Principal Local Courts. 1. — To the first of these objections it is answered that if creditors and their debtors refuse to avail themselves of the machinery provided for admission in the case of undisputed debts, the amount which they will have to pay for the luxury of litigation will more than indemnify the Treasury against any loss in consequence of increased compensation to displaced Eegistrars, and after that charge has ceased, will increase the profits of the Courts. 2. — To the second it is answered that if the proposed scheme should be adopted and were successful, the Commissioners would compete with the Local Eegistrars of the High Court of Justice for business in entering judgments in undefended cases, and they would obtain most of those in which the fee of 3d. in the £ for recording, plus the Commissioner's fee of £1, is less than the costs which could be indorsed on a writ of summons. Besides, if the suggested system were found to work, the litigious business of the Principal Local Court would include many more cases than at present in which more than .£'20 would be in dispute. The fees for entry and hearing on all cases above ^20 amount to £3 a piece, and the successful encouragement of the entry of these more important cases, bringing in as they would under the proposed system, fees increasing in proportion to the amount in dispute however great that might be, would at once recoup any falling off in the amount of fees received from non- litigious business, and lighten the labours of the Superior Judges.* In addition to the compensation to be provided to the abolished Eegistrars, it would be necessary to provide increased salaries for the new officers, who would combine the duties of Eegistrar with those of Travelling Judge. It has already been suggested that the Eegistrars should receive for their services, as Travelling Judges, additional salaries, amounting in the whole to £25,034? 17s. Od,, plus the existing maximum salary of their present office, and a composition for the fees which they now receive for their own use. The gross total of this charge, inclusive of everything except the composition for fees, would amount to £82,334 17s. annually, but so much of it as consists of additional salaries paid to the Eegistrars as Travelling Judges would only be required at the outset on Circuits 2 and 3. On • See post p. 66. 64 no other Circuits would any such additional salary be payable until the happening of a vacancy in the office of County Court Judge. And the first appointments might be made from the existing Kegistrars already in receipt of £700 per annum salary, for if it were not unfair to debar the Judges who were originally appointed with liberty to practise, from practice, without increa- sing their salaries, d fortiori it would not be unreasonable to debar the Registrars, giving them an increase of salary, and any Registrar refusing to accept the post of Registrar and Travelling Judge, under the proposed new system, might be fairly taken to have forfeited all claim to compensation. The sum thus to be provided in excess of the present payments to Registrars would amount therefore only to £25,634 17s., making the total amount to be paid to the Principal Local Judges and the Registrar-Travelling Judges of the Principal Local Courts, £85,634 17s., or £134 17s. only in excess of the amount now consumed in Judges' salaries alone, leaving the gain which would yearly accrue to the public purse by the adoption of the proposed scheme for the compensation of Registrars a clear profit, at least after the first year. X. CONCLUSION.— MISCELLANEOUS OBSERVATIONS. The general constitution and course of procedure which is suggested for the Local Courts of the future, has now, however rudely and imperfectly, been sketched out, but there remain a few matters to be considered. These may be dealt with in alphabetical order, and are as follows : — Appeals. — The allowance of these should be regulated, not by the amount in dispute, but by the readiness of the appellant to find security to indemnify the respondent against all possible costs, loss, and delay in the event of affirmance, and also to pay such further sum to the respondent in the like event by way of damages as a Judge of the Court of Appeal should think fit. Leave to appeal should in all cases have to be asked for. It should be granted as of course, if the conditions required are complied with. The Judge granting leave should be at liberty to relax any of the conditions as to security to such an extent as might be necessary in every case to serve the ends of justice, or he should have power, if he thought fit, instead of imposing 65 these conditions, to order that the appellant, before prosecuting his appeal, pay any sum of money in lieu or partly in lieu of security, into Court, or pay money in the same way to the respondent upon his giving counter-security to refund it in case of a reversal ; or that any chattel in dispute should be preserved in safe custody pending the appeal, or delivered to one of the parties, with or without security to produce it when required. The power to impose these conditions should be given only to the Court of Appeal or a Judge thereof, to be exercised by him personally, and not to be delegated to a Master. In no case should the Judge of the Court appealed from have any voice in determining whether or on what conditions an appeal should be allowed. The present system of allowing an appeal, as of right, in all cases over ^20, and in cases under £20 with the leave of the Inferior Court, is, it is submitted, vicious in both respects. In the first set of cases, it puts it into the power of a wealthy or obstinate litigant to appeal vexatiously, for the security he has to give, and the costs allowed on taxation to the successful respondent, never, it is believed, amount to a complete indemnity. In the second, it imposes an undue burden on the conscience of a scrupulous Inferior Judge, who may have great difficulty in deciding whether the balance of advantage to the public in having a doubtful point of law authoritatively settled, outweighs the duty of preventing the parties from wasting a large sum in costs, in litigating a question of small pecuniary importance ; and on the other hand it enables a less scrupulous Inferior Judge to refuse leave to appeal for fear of his decision being reversed. Commitment for Contempt. — The power of the Principal Local Court to punish contempts should not be limited by any statute, but the Court should have all such powers as are at common law incident to an Inferior Court of Eecord, with this addition, that it should be specially armed with the necessary powers for the enforcement of its decrees and orders and the protection of its officers from obstruction, and the special powers thus conferred should be in addition to and not in derogation of its common law powers. In case of any serious contempt, such as a Kbel on the Judge in his office, or the like, not committed in facie curies, it should be the duty of the Eegistrar to report the case to the Attorney General, who should, if the offence be sufficiently serious, file a criminal information ex-oficio. It should be competent to the Principal Local Court, on the motion of either party, to prohibit the publication of its pro- ceedings pending a trial. 66 Costs and Fees. — If the jurisdiction of the Principal Local Courts is to be enlarged iu pecuniary amount, it will be neces- sary to increase in proper cases the scale of professional allowances, but no alteration of substance is suggested as to the costs. The Court fees should be levied by way of poundage or percentage, and this method of levy should be applied as far as possible to all descriptions of cases, and should be, as far as circumstances will allow, uniform. The poundage should be so calculated as to increase con- tinually with the value of the matter in dispute and should not, as at present, cease to increase when this value exceeds a certain limit. The ratio of the poundage to this value need however, be constant, but the former might decrease as the latter increases in the same manner as is usual in the case of an agent's commission. It is believed that this practice would, of itself, much more satisfactorily than any fixed limit of pecuniary amount, define the line of demarcation between the Superior and Inferior Courts. At a certain point varying in various cases with the nature of the dispute, and the class and residence of the wit- nesses to be called, the expense of suing in the Inferior Court would exceed that of suing in the Superior Court. In all cases in which the defendant could show that a suit begun in the Inferior would be more cheaply or satisfactorily determined in the Superior Court, or vice versa, he should be entitled, as of right, to the transfer, without the conditions mentioned above, (see p. 22). No alteration is suggested in the amount of poundage or per- centage to be levied by way of Court fees in litigious cases, but it is suggested that the amount levied should either be divided equally between entry and hearing, or that the heavier fee should be on the entry. Thus Is. 6d. in the £ might be demanded for entry and Is. 6d. for hearing, or 2s. for entry and Is. for hearing. The object of this alteration, as will be readily seen, is to force parties, when there is no question in dispute, to settle their cases by admission, and not to enter them as litigious. It has been already pointed out that plaintifis resorting to actual litigation unnecessarily should be deprived of the costs occasioned by their unnecessary acts. The costs of postage incurred in the course of a cause, should be added to the judgment, and be a first charge on all moneys recovered. No observations have been made ^dth reference to the fees in Bankruptcy, Admiralty, and cases in which the Court has 67 jurisdiction under 29 and 30 Vict., c. 99, — as to the first, because the author is not in the possession of sufficient information on the subject, — as to the second, because they would in substance not be affected, the only Admiralty Courts on which fees are separately received proposed to be absorbed being Dover and Eamsgate, and Poole, the fees in which amounted altogether in 1872 to £31 only for Court fund, Kegistrar, and High Bailiff together, and as to the third, because the amount received in the year 1872 was insignificant, and because it is suggested that the fees in future should be uniform. Jurisdiction. — It has already been suggested that this should, subject to powers of transfer, be unlimited as to pecuniary amount. The exclusion of certain forms of action, such as breach of promise of marriage, libel, &c., from the County Court, is, it is believed, a wise discouragement to litigation, but it is suggested that the new Principal Local Court should have a jurisdiction to assign dower and free bench. Under the new Judicature Act all distinctions of practice between the assign- ment of dower in equity and at common law will, it is conceived, be done away with. Estates of large value are very seldom, especially since the Dower Act, the subject of claims to dower, whereas it is not unlikely that rights to dower and free bench may frequently exist unbarred in small freehold and copyhold properties. It seems only just that the widow's remedy in these cases should be cheap and simple. The Courts have been armed with powers by the new rules to make orders for the protection of destructible chattels pending litigation, and for compelling their delivery in specie to the party entitled. This is a most valuable power and should be extended to the utmost. The machinery provided by the old action of replevin might be utilised for this purpose. See Consolidated Order, xi., 1, 2. Printing. — It is suggested that in order to avoid as far as possible clerical errors in copying, especially in the letters and numbers by which the proceedings are to be identified, every Eegistrar's office should be furnished with a small hand press, at the cost of about £1. The type necessary for the particular pur- poses required would not cost more than from £1 to 30s. more, and it would be very advisable that whenever copies of a line or a few lines of matter have to be multiplied, it should be done by printing. The main printing of the forms of proceeding would, of course, as heretofore, be done by a tradesman, and the auxiliary printing suggested used only to fill up blanks. In order further to avoid the risk of mis-numbering the proceedings, it would be advisable that the ready printed forms furnished to the office 68 should be in complete sets ready numbered, and with the name of the Court left in blank. Of&ces having an excess of any one form could easily exchange with others, so as to prevent waste, and the whole efficiency of the suggested use of the Post Office depends upon the accuracy and legibility with which the letters and numbers by which the proceedings are to be identified, are marked thereon. Salaries and Travelling Expenses. — It will have been noticed that in the calculations of the expense of replacing the existing Judges, no notice has been taken of the fact that certain salaries now paid amount to £1,800 per annum apiece. The existence of these, though it affects the cost of the existing system to the country, would not affect the proportion which the cost of the new system suggested would bear to it. It is not therefore thought necessary further to refer to this subject. With regard to the travelling expenses, it is conceived that these would not be materially affected during the transition period. The Eegistrars acting as Travelling Judges being allowed to hold as many Courts in the day as they like, would however eventually visit all the places now visited, at a less expense than is incurred at present, while the Principal Local Judges would have less locomotion. The comfort of the latter would be con- sulted, and economy effected, if suitable permanent lodgings were provided for them at every town at which they would have to spend one or more night or nights per month. In Assize towns there would, there is every reason to believe, be no diffi- culty in effecting an arrangement with the Local Authority for the use of the necessary apartments in the Judges' Lodgings at a moderate rent. In the manufacturing Principal Local Court towns, (and this would include almost all the Court towns in which the Assizes are not now holden), there is almost invariably (it is believed) a Court House, with a convenient private room. In some of these buildings there might already be rooms which could be utilized for bed and sitting rooms, but if there are not, the interest on the expense of adding and furnishing two such apartments, would, unless there were special architec- tural difficulties in the situation, be much less than the cost of providing the Judge with rooms at an Hotel, three or four days in succession eleven times a year. With regard to attendance, it might be the duty of the High Bailiff to provide this, the expenses being provided for in his allowances. He would probably employ one of his married sub-bailiffs and wife for the purpose. Conclusion. — The Author's task is now concluded. That, (even if the principle of any of his suggestions is admitted to 69 be sound, upon which he cannot but feel very diffident) there must be numerous defects and omissions in the details of the matters touched on, which will be apparent to the critic, he can- not doubt. In particular he must crave indulgence in respect of arithmetical errors in his tables and calculations. He has used his best endeavours to discover and correct them, but in the multitude of addition, subtraction, and rule of three sums which it has been necessary to work in the compilation, mistakes must occur, and may be numerous. With respect to the main heads of his suggested reforms, he cannot but feel also, that in venturing, with limited information, an opinion on a subject which has engaged the attention of a Eoyal Commission empowered to examine witnesses, and com- prising the highest legal authorities in the land, he is taking a bold step, and he feels especially that in his suggestions for the new form of procedure he has travelled so far out of the beaten track of precedent, that the very novelty of his proposals will arm against them a criticism which he cannot but feel would have been, independently of this novelty, formidable enough. He has however been actuated throughout by the desire (how- ever unsuccessfully carried into effect), of suggesting whatever appeared to his lights conducive to efficiency and economy in the administration of the Local Inferior Courts of Justice. If any of his observations should, to any extent, however small, lead to the promotion of this object, he will feel that his labours have not been thrown away. 70 APPENDIX A. Table showing the amount applicable to the maintenance of the establishment of every Court iipon Circuit 22, as it existed in 1872, based on the returns to Parliament for that year. Court. No. of Plaints entered 1872. Amoimt re- covered Total Fees from all sources. Appor- tioned share of Judge's Salary. Regis- trar's Salary on lower scale. Balance applica- ble to mainten- ance of estab- lishment -for- Alcester 419 835 2,008 558 866 704 2,784 490 975 1,099 335 362 715 560 874 £ 455 857 2,597 678 577 1,044 2,564 584 1919 1,205 520 425 901 461 924 £ 137 259 799 195 308 286 886 163 284 343 121 112 241 136 241 £ 64-44 116-5 116-5 116-5 129-3 116-5 116-5 64-44 64-44 116-5 64-44 64-44 116-5 116-5 116-5 £ 135-04 201-6 389.28 157-28 206-56 180-64 513-44 146-4 224 243-84 121-6 125-92 182-4 157.6 207-84 £ —62-48 —59-1 -|-293'22 —78-78 —27-86 -11-14 -I-256-06 —47-84 —4-44 —17-34 —65-04 -78-36 —67-9 —138-1 —83-34 Bromsgrove Coventry Daventry Evesham Kettering Northampton Pershore Redditch Rugby Solihull Southam Stratford-on-Avon. . Towcester Wellingborough .... Total 13,584 14,711 4,511 1,500 3,225-44 —181-72 71 APPENDIX B. Table showing the number of hours during which the Judge of Circuit 22 was detained from his home or place of sleeping for the night, on every County Court Day during the year 1874, distinguishing between the time occupied in business, and that occupied in travelling or waiting.* JANUARY CIRCUIT. Hour of Hour of Time occupied leaving arriving Time Day place at occupied Total Court. of the where sleeping m travel- ling or time Month previous place holding occupied night for the Court. passed. night. waiting. A.M. P.M. H. M. H. M. H. M. Towcester 12 13 6.20 9.0 6.0 8.30 45 9 10 55 2 30 11 40 11 30 Wellingborough Northampton 14 10.0 4.45 6 45 — 6 45 Kettering 15 16 19 9.0 7.0 11.15 6.0 5.0 7.15 1 30 30 2 40 7 30 9 30 5 20 9 10 8 Daventry Stratford-on-Avon Coventry 20 21 22 6.20 9.30 6.20 10.30 6.30 6.45 11 1 30 1 5 10 7 30 11 25 16 10 9 12 25 Southam Rugby Evesham 23 26 27 28 29 30 8.40 9.0 8.15 8.15 9.30 8.40 7.30 4.45 6.15 40 3.15 6.40 5 30 2 30 3 45 1 2 1 30 6 20 5 15 6 15 4 45 3 45 8 30 11 50 7 45 10 5 45 5 45 10 Bromsgrove Redditch Alcester Pershore Solihull No. of Days. Total 15 — — 50 55 94 40 145 35 * \Vith respect to the remarks at p. 15 (ante,) it should be added that the Judge almost invariably slept at Northampton or at other places in the County during the holding of his North- amptonshire Courts, and that the time thus lost, whether spent at inns or friends' houses, is not taken account of in colunm 5. The interchanges with Messrs. Kettle and Martineau were for mutual convenience, and lessened the amount of travelling, &c. 72 FEBRUAKY CIRCUIT. Court. Towcester Wellingborough . . . Northampton Kettering Daventry Stratford-on-Avon . Coventry Bromyard (For Mr. Kettle.) Tenbuiy (For Mr. Kettle.) Bromsgrove Evesham Northampton Rugby Total Day of the Month 2 3 4 5 6 9 11 13 U 16 20 25 26 No. of Days. 13 Hour of leaving place where previous night passed. A.M. 5.40 8.40 10.0 9.0 9.30 10.20 6.20 ll.O 9.0 9.0 8.40 8.30 9.40 Hour of arri-\dng at sleeping place for the night. Time occupied in holding Com-t. P.M. 7.20 6.0 1.0 7.30 6.40 7.20 10.40 3.0 3.0 3.20 1.40 4.0 5.40 Time occupied in travel- ling or waiting;. H. M. 5 1 30 3 3 2 15 3 6 2 30 2 2 1 5 3 34 20 Total time occupied H. M. 13 35 7 50 7 30 6 55 6 10 20 1 30 4 4 20 4 2 30 5 73 30 H. M. 13 40 9 20 3 10 30 9 10 9 16 20 4 6 6 20 5 7 30 8 107 50 MARCH CIRCUIT. Court. Day of the Month Hour of leaving place where previous night passed. Hour of arriving at sleeping _ place for the night. Time occupied in holding Court. Time occupied in travel- ling or waiting. Total Time occupied Pershore 5 6 9 10 11 12 13 16 17 18 19 20 23 24 25 a.m. 9.0 8.40 11.15 6.20 9.30 6.20 8.40 9.0 8.10 8.10 8.25 7.0 5 40 9.30 10.0 P.M. 6.30 7.20 7.20 9.0 6.40 4.40 7.20 3.10 5.0 7.30 7.30 6.40 6.0 7.45 11.30 H. M. 1 3 1 9 1 30 6 30 2 1 6 30 2 15 4 8 7 30 H. M. 8 30 7 40 7 5 5 40 8 10 9 50 5 40 5 40 6 50 10 20 4 3-3 9 2) 8 20 2 15 6 H. M. 9 30 10 40 8 5 14 40 9 10 10 20 11 40 6 10 8 50 11 20 11 5 11 40 12 20 10 15 13 30 Solihull Stratford-oh-Avon Coventry Southam Rugbv Bromsgrove , Redditch Alcester Daventry; Towcester Wellingborough Northampton Total No. of Davs. 15 53 15 106 159 15 73 APKIL CIRCUIT. Court. Day of the Month Hour of leaving place where previous night passed. Hour of arriving at sleeping place for the night. Time occupied ill holding Court. Time occupied in travel- ling or waiting. Total time occupied Bromsgrove 6 9 10 13 15 16 17 20 22 A.M. 9.0 8.25 7.0 11.15 6.20 9.40 8.40 5.40 7.40 P.M. 3.30 5.0 4.40 7.20 7.30 4.40 2.0 7.40 10.20 H. M. 2 30 1 30 1 1 9 2 30 1 15 40 7 30 jr. M. 4 7 5 8 40 7 5 4 10 4 30 4 5 13 20 7 10 H. M. 6 30 8 35 9 40 8 5 13 10 7 5 20 14 14 40 Kettering Daventry Stratford-on-Avon .... Coventry Rugby Evesham Towcester Walsall (For Mr. Martineau.) Total No. of Days. 9 _ _ 26 55 60 5 87 MAY CIRCUIT. Court. Day of the Month Hour of leaving place where previous night passed. Hour of arriving at sleeping place for the night. Time occupied in holding Court. Time occupied in travel- ling or waiting. Total time occupied Southam 13 14 15 18 19 20 21 22 25 26 27 28 A.M. 5.40 6.20 8.40 8.40 8.40 8.40 10.20 8.40 8.40 9.15 10.0 9.0 P.M. 6.40 6.40 3.20 7.30 6.0 3.20 3.20 7.30 6.0 7.0 9.30 7.30 H. M. 1 30 2 45 2 4 30 4 30 1 15 1 1 2 7 20 11 30 3 45 H. M. 11 30 9 35 4 40 6 20 4 50 5 25 4 9 50 7 20 2 25 6 45 H. M. 13 12 20 6 40 10 50 9 20 6 40 5 10 50 9 20 9 45 11 30 10 30 Rugbv Evesham Bromsgrove Redditch Alcester Pershore Solihull Towcester Wellingborough Northampton Ditto, 2nd day Total No. of Days. 12 43 5 72 40 115 45 74 JUNE CIRCUIT. Court. Day of the Month Hour of leaving place where previous night passed Hour of arriving at sleeping place for the night. Time occupied in holding Court. Time occupied in travel- ling or waiting. Total time occupied Stratford- on- A von Evesham Towcester Wellingborough Rugby and adjourned Kettering Daventry Bromsgrove Coventry Northampton Ditto, 2nd day 12 15 16 18 19 22 23 24 25 A.M. 11.15 8.40 8.40 9.20 8.30 8.30 8.40 6.20 10.0 9.0 P.M. 7.20 3.20 6.0 7.30 8.0 6.0 3.20 8.0 7.0 7.20 H. M, 30 2 30 15 2 6 30 1 30 7 15 9 4 15 H. M. 7 35 4 10 9 5 8 20 6 5 H. M. 8 5 6 40 9 20 10 20 11 30 9 30 6 40 13 40 9 10 20 Total No. of Davs. 10 33 45 61 20 95 5 JULY CIRCUIT. Court. Day of the Month Hour of leaving place where previous night passed. Hour of arriving at 'sleeping place for the night. Time occupied in holding Court. Time occupied in travel- ling or waiting. Total time occupied Pershore 2 3 6 7 8 9 10 13 14 15 23 24 27 28 29 30 31 A.M. 8.40 8.40 11.15 8.10 8.40 5.40 8.40 8.40 8.15 8.30 6.20 6.20 8.40 6.20 10.0 7.15 8.40 P.M. 3.20 7.20 7.20 5.0 3.20 6.40 7.0 7.0 6.0 11.30 7.20 6.40 5.30 8.35 7.0 6.0 7.20 H. M. 2 5 15 2 30 1 30 3 4 30 2 30 6 20 4 5 3 30 8 9 4 30 8 H. M. 4 40 5 40 7 60 6 50 6 10 11 30 7 20 5 50 7 15 8 40 9 12 15 5 20 6 15 6 15 2 40 H. M. 6 40 10 40 8 5 8 50 6 40 13 10 20 10 20 9 45 15 13 12 20 8 50 14 15 9 10 45 10 40 Evesham Stratford-on-Avon Redditch Southam Solihull... Towcester Wellingborough Ruo'bv Bromsgrove Coventry Northampton W^orcester (For Mr. Kettle) Ditto, 2nd day Total No. of Days, 17 64 40 113 30 178 10 AUGUST— Vacation Month. 75 SEPTEMBER CIRCUIT. Court. Day of the Month Hour of leaving place where previous night passed. Hour of arriving at sleeping place for the night. Time occupied in holding Court. Time occupied in travel- ling or waiting. Total time occupied Stratford-on-Avon .... Pershore 7 10 11 14 15 16 17 18 21 22 23 24 25 29 30 Oct. 1 A.M. 11.15 8.40 8.40 8.40 NOON. 12.0 A.M. 9.0 7.30 8.45 8.40 8.40 8.40 5.40 8.40 6.20 8.0 7.15 P.M. 7.20 7.30 3.20 5 30 7.0 6.0 2.30 7.20 9.0 7.40 7.40 7.20 7.10 7.0 7.0 NOON. 12.30 H. M. 1 7 30 2 30 1 45 7 7 3 30 2 30 6 5 5 3 3 8 7 30 H. M. 7 5 3 20 4 10 7 5 2 3 30 8 5 6 20 6 6 10 40 7 30 4 40 3 30 5 15 H. M. 8 6 10 50 6 40 8 50 7 9 7 10 35 12 20 11 11 13 40 10 30 12 40 11 5 15 Evesham Towcester Wellingborough Kettering Rugbv Daventry Bromsgrove Redditch Alcester Southam Solihull Coventry Ditto and Northampton Northampton Total No. of Days. 16 70 15 85 10 155 25 OCTOBER CIRCUIT. Coiirt. Day of the Month Hour of leaving place where previous night passed. Hour of arriving at sleeping place for the nisrht. Time occupied in holding Court. Time occupied in travel- ling or waiting. Total time occupied Towcester Wellingborough . . Kettering Rugby Daventry Stratford-on-Avon Ditto, 2nd day Evesham Bromsgrove Coventry Northampton . . . . Ditto, 2nd day . . . . Total .... 5 6 7 8 9 14 15 16 23 27 28 29 A.M. 8.40 11.30 10.25 7.50 6.40 11.15 8.30 8.40 8.40 6.20 10.0 7.15 P.M. 9.0 1.15 6.30 7.20 4.40 2.0 11.0 3.20 7.40 8.20 6.0 NOON. 12.15 a. M 4 30 1 45 7 3 5 10 2 5 30 7 30 8 M. 50 1 5 8 30 10 55 2 35 5 H. M. 12 20 1 45 8 5 11 30 11 2 45 2 30 6 40 11 14 8 5 No. of Days. 12 — 39 30 I 55 6 94 36 76 NOVEMBER CIRCUIT. Court. Day of the Month Hour of leaving place where previous night passed. Hour of arriving at sleeping place for the night. Time occupied in holding Court. Time occupied in travel- Img or waiting. Total time occupied Rugbv 6 6 9 11 12 13 14 16 17 18 19 20 24 25 26 A.M. 8,55 7.40 5.40 8.55 8.0 8.55 8.55 8.55 8.40 8.55 8.55 8.55 7.30 10.0 6.50 P.M. 6.0 7.20 11.0 7.0 6.40 7.20 3.20 5.0 4.40 7.20 3.20 3.20 8.0 12.20 9.30 H. M. 4 30 2 4 30 7 30 45 15 3 45 3 40 5 30 2 30 2 7 30 9 H. M. 3 35 9 40 12 50 3 5 10 10 9 40 6 10 4 20 4 20 4 55 3 55 4 25 5 5 20 2 40 H. M. 8 5 11 40 17 20 10 5 10 40 10 25 6 25 8 5 8 10 25 6 25 6 25 12 30 14 20 2 40 Daventry To wcester Alcester Southam Solihull Shipston-on-Stour .... Redditch Stratford-on-Avon .... Pershore Evesham Coventry Northampton Ditto 2nd day Total No. of Days. 15 53 25 90 5 143 30 DECEMBER CIRCUIT. Court. Day of the Month Hour of leaving place where previous night passed Hour of arriving at sleeping place for the night. Time occupied in holding Court. Time occupied in travel- ling or waiting. Total time occupied Wellingborough . . Kettering Rugby Daventry Stratford-on-Avon Shipston-on- Stour Towcester Coventry Northampton . . . . Ditto (2nd day) . . Bromsgrove Total .... 1 2 3 4 9 10 14 15 16 17 21 A.M. 6.20 9.0 8.55 7.40 11.15 8.55 8.55 8.30 10.0 8.0 8.30 P.M. 5.0 7.20 5.0 4.40 7.20 7.20 7.30 6.45 7.0 10.30 7.20 M. 30 30 5 45 45 H. M. 6 10 7 20 4 35 8 55 6 20 7 25 8 50 5 15 3 45 No. of Days 11 H. M. 10 40 10 20 8 6 9 8 6 10 25 10 35 10 15 9 2 30 10 50 35 20 64 25 99 45 77 SUMMARY. No. of days Time Time occupied occupied occupied Total Month.. in sitting in Average m Average time or holding per day. travel- per day. occupied travel- Court. ling or ling. waiting. H. M. H. M. H. M. H. M. H. M. January 15 50 55 3 24 94 40 6 19 145 35 February 13 34 20 2 20 73 30 5 4 107 50 March 15 9 12 10 17 16 53 15 26 55 43 5 33 45 64 40 70 15 3 33 3 3 6 3 22 3 48 4 23 106 60 5 72 40 61 20 113 30 85 10 7 4 6 7 6 3 6 8 6 4 5 20 159 15 87 115 45 95 5 178 10 155 25 April May Jmie July August September October 12 15 39 30 53 25 3 17 3 36 55 5 90 5 4 35 6 94 35 143 30 November December 11 35 20 3 12 64 25 5 51 99 45 Total 145 505 25 3 37 876 30 6 3 1,381 55 If 7 hours is taken as a full day's work, the above would represent 197*47 days' of full work. APPENDIX C. Proposed Scheme for the Redistribution of the Local Business between the suggested Principal Local, and Travelling Courts ; with Tables showing the average amount of business which may be expected in each class of Court, the number of Judges required, and the probable length of time to be occupied in the transaction of the business in each class of Court, PREFATORY REMARKS, It has been already pointed out, (see ante p. 21,) that it is iatended that the Judgrs of the Principal Local Courts, should distribute the business of thotc Courts amongst themselves so as to take the heavier and lighter districts alternately. Thus in the case of Circuit No. 1, the Principal Local Judge who should take District No. 1, involving the trial of an estimated average of nearly five common law and mixed causes every day of sitting, in January, would take District No. 2, involving an average of two causes every day for the Principal Local Judge, in February, and District No. 3 involving an estimated average of three causes per day for the Principal Local Judge, in March, and so on. The distribution of the business of the Circuits, between the Cotinty Court Judges to whom they are assigned 78 temporarily as Travelling Judges, might be effected by a subdivision of the jurisdictions between themselves as they might agree. It is assumed that every Principal Local Judge will find it necessary to set apart one day out of every sitting for Admiralty Business in Courts which have an Admiralty jiuisdiction, and one other day out of every sitting for the hearing of Bankruptcy cases, judgment summonses, and miscellaneous matters, and the transaction of the business coming under the administrative jurisdic- tion of the Court, but it is not suggested that the Principal Local Judges should be obliged to do this, or that they should be in any way fettered in the disposal of their business, except that they should be under the obligation of giving, if necessary, five consecutive days to every of their Courts per month. The Travelling Courts should be holden at such intervals as the Lord Chancellor, following as a rule the times at which the present County Courts are holden, should prescribe. It is not intended that the existing County Court Judges, who during the transition period might be told ofi" to perform the functions of Travelling Judges, should be obliged against their will to interchange Circuits with their fellows, but whenever the practice of interchange is declined, any modification of the proposed distribution, necessary to secure a fair division of labour should be made. Tlie Registrar-Travelling Judges should as a rule serve only the Travelling Coi rts comprised in the district of which they are respectively Registrars, but they should have a general jurisdiction in aid of each other similar to that con- ferred on County Court Judges by 30 and 31 Vict., c. 142. The method of calculation by which the following tables have been worked out has been already explained in the text. (See p. 26.) Since this paper has been in type the Author has been informed that the numbet- of plaints entered in the Birmingham Court has of late increased with unexampled rapidity. This, and any corresponding increase or diminution in the business of other Courts would probably be found on enquiry to relate to cases comprised in Classes I. and II. only, but assvuning the variation to extend to all three classes of cases, the principle of the following tables would not be affected, although in working out the scheme for practical use the details might have to be rearranged. CIRCUIT No. 1, DISTRICT No. 1, JURISDICTION No. 1. Principal Local Covirt. Estimated No. of Common Law Causes. Days available. • Com- mon Law. Average per day. Admi- ralty. Bank- ruptcy, Admin- istrative, &c. Newcastle-on-Tyne 239 33 7-2 11 11 * Here and throughout this Appendix, the heading " Common Law " is to be taken to include mixed causes not involving the exercise of administrative functions. 79 Travelling Courts. Court. No. of Judg- ments, 1872. Days of Sit- ting, 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average. Alnwick 158 9 20 51 1,276 132 343 2,651 1,111 25 31 6 5 5 6 18 4 11 77 19 5 6 31-6 1-8 4 10-2 255-2 26-4 68-6 530-2 222-2 6 6-2 6-26 0-36 0-8 1-7 14-17 6-6 6-23 6-88 11-7 1 1-03 97-4 6-2 15 25-8 1020-8 87-6 199-4 1361-8 575.8 24 22-8 16-23 1-24 3 4-3 56-71 21.9 18-12 17-67 30-3 4.8 3-8 21-49 2-6 3-8 6 70-88 28-5 24-35 24-55 42 5-8 4-83 Belford Bellingham Berwick Gateshead Hexham Morpeth Newcastle North Shields Rothbury Wooler Total 5,807 94 1,161-4 — 3,426-6 — — Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 58-07. CIRCUIT No. 1, DISTRICT No. 1, JURISDICTION No. 2. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Average per day. Admi- ralty. Bank- ruptcy. Admin- istrative, &c. Durham 110 44 2-5 — 11 Travelling Courts. Court. No. of Judg- ments, 1872. Days of Sit- ting, ]872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average. Bishop Auckland . . Durham 1,396 1,841 1,404 650 160 22 24 12 12 7 279-2 368-2 280-8 130 32 12-7 15-35 23-4 10-86 4-57 700-8 1123-8 711-2 340 76 31-85 59-32 59.26 29-16 10-85 44.55 74-67 82-66 40-02 15-42 Hartlepool Shotley Bridge Wolsingham Total 5,451 77 1,090-2 — 2,981-8 — — Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 54-51. CIRCUIT No. 1, DISTRICT No. 1, JURISDICTION No. 3. Principal Local Court. Estimated No. of Common Law Causes. Days available. 1 Common Law. Average per Day. Admi- ralty. Bank- ruptcy, Admin- istrative, &c. Sunderland 107 33 3-24 11 11 Travelling Courts. Court. No. of Judg- ments, 1872. Days of Sit- ting, 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average. Seaham Harbour . . South Shields Sunderland 783 1,831 3,720 11 25 50 156-6 366-2 744 14-23 14-64 14-88 386-4 1,041-8 1,739 35-13 41-67 34-78 49-36 56-31 49-66 Total 6,334 86 1,266-8 — 3,167-2 — — Number of days reqtiired for the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 63 -34. CIRCUIT No. 1, DISTRICT No. 1. Summary of the District. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Admi- ralty. Bankruptcy, Administrative, &c. Newcastle-on-Tyne Diirham 239 110 107 33 44 33 11 11 11 11 11 Sunderland Total 466 110 22 33 SI Travelling Courts. subordinate to and including No. of Courts. Estimated No. of contested Cases. No. of days required at 20 cases per day. Additional Salary payable to Registrar as Travelling Judge. Newcastle-on-Tyne Durham 11 5 3 1,161-4 1,090-2 1,266-8 58-07 54-51 63-34 £ 290-35 272-55 316-7 Sunderland Total 19 3,518-4 175-92 879-6 CIRCUIT No. 1, DISTRICT No. 2, JURISDICTION No. 1. Principal Local Court. Estimated No. of Common Law causes. Days available. Common Law. Average per day. Admi- ralty. Bank- ruptcy, Admin- istrative, &c. Carlisle 94 44 2.14 — 11 Travelling Courts. Court. No. of Judg- ments, 1872. Davs of sitting 1872. Estima- ted No. of dis- puted cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average Alston 29 97 137 765 46 444 271 5 8 6 11 5 11 11 5-8 19-4 27-4 153 9.2 88-8 54-2 1-16 2-42 4-57 1-38 1-84 8.08 4-9 12-2 35-6 92-6 357 25-8 295-2 129-8 2-44 4-45 15-43 32-45 5-16 26-83 11-8 3-6 6-87 20 33-83 7 35-91 16-7 Applebv Brampton Carlisle Haltwhistle Penrith Wigton Total ' 1,789 57 357-8 — 948-2 — — Number of days reqiiired for the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 17'89. 82 CIRCUIT No. 1, DISTRICT No. 2, JURISDICTION No. 2. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Average per Day. Admi- ralty. r^Bank- ruptcy, Admin- istrative, 1 &c. Kirby Kendal 38 44 0-86 — 11 Travelling Courts. Court. No. of Judg- ments, 1872, Days of sitting 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of vm- defended Cases, Aver- age per Day. Total Average Ambleside Kirby Kendal Kirby Lonsdale .... 187 688 125 6 11 6 37-4 137.6 25 6-23 12-51 4-16 94-6 431-4 68 15-77 39-2 11-34 22 51-71 15-5 Total 1,000 23 200 — 694 — — Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 10. CIRCUIT No. 1, DISTRICT No. 2, JURISDICTION No. 3. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Average per Day. Admi- ralty. Bank- ruptcy Admin- istrative, &c. Whitehaven 112 33 3-4 11 11 Travelling Courts. Caurt. No. of Judg- ments 1872. Days of sitting 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average Cockermouth Keswick 871 85 1466 1420 11 6 11 11 174-2 17 293-2 284 15.83 2-83 26-65 25-8 350-8 40 663-8 791 31-9 6-67 60-35 71-9 47-73 9-5 87 97-7 Ulverston Whitehaven Total 3,842 39 768-4 — 1845-6 — — Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 38-42. 83 CIRCITIT No. 1, DISTRICT No. 2. Summary of the District. Principal Local Courts. Estimated No. of Common Law Causes. Days available. Common Law. Admi- ralty. Bankruptcy, Administrative, &c. Carlisle 94 38 112 44 44 33 11 11 11 11 Kirby Kendal Whitehaven Total 244 121 11 33 Travelling Courts, subordinate to and including No. of Courts. Estimated No. of contested Cases. No. of days requii-ed at 20 cases per day. Additional Salary payable to Registrar as Travelling Judge. Carlisle 7 3 4 357-8 200 768-4 17-89 10 38-42 £ 89'4o 50-0 192-1 Kirby Kendal Whitehaven 1 Total 14 1,326-2 66-31 331-55 CIRCUIT No. 1, DISTRICT No. 3, JURISDICTION No. 1. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Average per Day. Admi- ralty. Bank- ruptcy, Admin- istrative, &c. Blackburn 172 44 3-9 — 11 Travelluisr Courts. Court. No. of Judg- ments, 1872. Days of sittmg 1872 Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average Bacup 1,071 3,187 257 677 12 48 8 12 214-2 637-4 51-4 135-4 17-85 13-28 6-42 11-28 307-8 1,471-6 109-6 200-6 25-65 30-66 13-7 16-7 43-5 43-94 20-12 27-98 Blackburn Clitheroe Haslingden, &c Total 5,192 80 1 1,038-4 — 2,089-6 — — Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 51-92. 84 CIRCUIT No. 1, DISTRICT No. 3, JURISDICTION No. 2. Principal Local Court, Estimated No. of Common Law Causes. Days available. Common Law. Average per Day. Admi- ralty. Bank- ruptcy, Admin- istrative, &c. Bolton 187 44 4-25 — 11 Travelling Courts. Court. No. of Jxidg- ments, 1872. Days of sitting 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average Bolton 6,263 2,270 731 2,441 41 28 16 24 109 l,2o2-6 454 146-2 488-2 30-55 16-2 9-14 20-34 2,959-4 516 315-8 588-8 72-18 18-43 19-73 24-5 102-73 34-63 28-87 44-84 Bury Chorley Rochdale Total 11,705 2,341 — 4,380 — — Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 117 "05. CIRCUIT No. 1, DISTRICT No. 3, JURISDICTION No. 3. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Average per Day. Admi- ralty. 11 Bank- ruptcy, Admm- istrative, &c. 11 Preston 95 33 3 Travelling Courts. Court. No. of Judg. ments, 1872. Days of sitting 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age Total per ; Average. Day. Garstang 39 9 9 15 15 27 7-8 15-4 87-6 44-8 315-2 0-87 1-7 5-84 3 11-7 26-2 48-6 149-4 137-2 677-8 2-9 3-77 5-4 7-1 10 15-84 9.14 12-14 25-1 j 36-8 Kirkham 77 438 224 1,576 Lancaster Poulton-le-Fylde . . Preston Total 2,354 75 470-8 — 1,039-2 1 Number of days required for the Travelling 20 disputed cases per day — 23 '54. Courts of this jurisdiction, at 85 CIRCUIT No. 1, DISTRICT No. 3. Summary of the District. Principal Local Courts. Estimated No. of Common Law Causes. Days available. Common Law. Admi- ralty. Bankruptcy, Administrative, &c. Blackburn 159 112 95 44 44 33 11 11 11 11 Bolton Preston Total 366 121 11 33 Travelling Courts, subordinate to and including No. of Courts. Estimated No. of contested Cases. No. of days required at 20 cases per day. Additional Salary payable to Registrar as Travelling Judge. Blackburn 4 4 5 1,038-4 2,341 470-8 51-92 117-05 23-54 £ 259-6 585-25 117-7 Bolton Preston Total 13 3,850-2 192-51 962-55 SUMMARY OE THE WHOLE CIRCUIT. Principal Local Coirrts. Courts Judges Days available for Common Law. Estima- tedNo.of Common Law Causes. Aver- age per Diem. Admi- ralty Days. Bankruptcy, Administra- tive, &c. Days. District No. 1 . . District No. 2 . . District No. 3.. 3 3 3 1 1 1 110 121 121 456 244 366 4-1 2 3 22 11 11 33 33 33 Total 9 3 352 1,066 — 44 99 Travelling Courts. No. of Courts. No. of Registrar Judges. Days of Sitting. District No. 1 19 14 13 3 3 3 175-92 66-31 192-51 District No. 2 District No. 3 Total 46 9 434-74 86 CIRCUIT No. 2, DISTRICT, No. 1, JURISDICTION No. 1. Estimated No. of Common Law Causes. Days available. Principal Local Court. Common Law. Average per Day. Admi- ralty. Bank- ruptcy, Adminis- trative, &c. Liverpool 408 77 5-3 22 11 Travellina; Courts. No. of 1872. Days of sitting, 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. 21-8 20-46 47-7 Total Average. 31-4 27-69 69-8 Liverpool 13,113 470 273 13 27 2,622-6 94 597-8 9-6 7-23 22-1 5,958-4 266 1,285-2 Ormskirk St. Helens 2,989 Total 16,572 313 3,314-4 — 7,509-6 — — Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 16572. CIRCUIT No. 2, DISTRICT No. 1, JURISDICTION No. 2. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Average per day. Admi- ralty. Bank- ruptcy, Adminis- trative, &c. 315 44 7 — 11 Travelling Courts. Court. No. of Judg- ments, 1872. Days of sitting, 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average. Manchester 8.305 2.406 7,243 84 22 38 1,661 19-78 4,286 1,102-8 2,954-4 51 50-1 77-75 70-78 72 115-86 Oldham 481-2 1,448-6 21-9 38-11 Salford Total 17,954 144 3,590-8 — 8,343 2 — — Number of days required for the Travelling 20 disputed cases per day — 179-54, Courts of this jurisdiction, at 87 CIRCUIT No. 2, DISTRICT Summary of the District. No. 1. Principal Local Courts. Estimated No. of Common Law Causes. Days available. Common Law. Admi- ralty. Bankruptcy, Administrative, &c. Liverpool . . , , 408 315 77 44 22 11 11 Manchester Total 723 121 22 22 Travelling Courts, subordinate to and including No. of Courts. Estimated No. of contested Cases. No. of days required at 20 cases per day. Additional Salary payable to •Registrar as Travelling Judge. Liverpool' , 3 3 3,314-4 3,590-8 165-72 179-54 £ 828-6, 897-7 Manchester Total c 6,905-2 345-26 1,7263 CIRCUIT No. 2, DISTRICT No. 2, JURISDICTION No. 1. Principal Local Court. Stockport Estimated No. of Common Law Causes. Days available. Common Law. Average per Day. 3-5 Admi- ralty. Bank- ruptcy, Adminis- trative, &c. 11 155 44 Travelling Courts. Court, No. of Judg- ments, 1872. Days of sitting, 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average. Altriiicham 707 2,756 288 995 1,065 2,023 12 38 11 26 16 26 141-4 551-2 57-6 199 213 404-6 11-88 14-5 5-24 7-7 13-3 15-56 368-6 1,354-8 153-4 431 441 1,069-4 30-7 35-65 13-94 16-6 27-56 41-13 42-58 60-15 19-18 24-3 4086 56-69 Ashton-under-Lyne. Glossop Hyde Macclesfield Stockport Total 7,834 129 1,566-8 — 3,818-2 — — Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 78*34. 88 CIRCUIT No. 2, DISTRICT No. 2, JURISDICTION No. 2. Principal Local Court. Estimated No. of Common Law Causes. Days available. Com- mon Law. Average per day. Admi- raltj'. Bank- ruptcy, Admin- istrative, &c. 68 44 1-32 — 11 Travelling Courts. Court. No. of Judg- ments, 1872. Days of sitting 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average Leigh. 960 4,000 13 24 192 800 14-77 33-33 472 474 36-3 19-75 51-07 53-08 Warrington Total 4,960 37 992 — 946 — — Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 49*6. CIRCUIT No. 2, DISTRICT No. 2, JURISDICTION No. 3. Principal Local Cotut. Estimated No. of Common Law Causes. Days available. Common Law. Average per Day. Admi- ralty. Bank- ruptcy Admin- istrative, &c. W^igan 58 44 1-32 — 11 Travelling Court. Court. No. of Judg- ments 1872. Days of sitting 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average Wigan , 4,152 32 830-4 25-94 2,087-6 65-24 91-18 Number of days required for the Travelling Court of this jurisdiction, at 20 disputed cases per day — 41-52. 89 Summary of the District. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Admi- ralty. Bankruptcy, Administrative, &c. Stockport 1.55 .58 58 44 44 44 — 11 11 11 AVarrington AVigan 1 Total 271 132 — i .■?■■? Travelling Courts, subordinate to and including No. of Courts. Estimated No. of contested Cases. No. of days required at 20 cases per day. Additional Salary payable to Kegistrar as Travelling Judge. Stockport 6 2 1 1,566-8 992 830-4 78-34 49-6 41-52 £ 391-7 248 207-6 Wio-an Total 9 3,389-2 169-46 847-3 CIRCUIT No. 2, DISTRICT No. 3, JURISDICTION No. 1. Principal Local Court. Estimated No. of Common Law Causes. Days a-s ailable. Common Law. Average per Day. Admi- ralty. Bank- ruptcy, Admin- istrative, &c. Kingston-on-Hull 259 33 7-85 11 11 Travelling Courts. Court. No. of Judg- ments, 1872. Days of Sit- ting, 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of lUl- defended Cases. Aver- age per Day. Total Average. Beverley 218 120 798 238 107 211 3,791 501 373 7 6 8 6 6 6 63 11 11 43-6 24 1.59-6 47-6 21-4 42-2 758-2 100-2 74-6 6-23 4 19-95 7-93 3-56 7-03 12-03 9-1 6-78 111-4 60 376-4 124-4 47-6 102-8 1,671-8 214-8 144-4 15-91 10 47-05 20-73 7-94 17-13 26-53 19-52 13-12 22-14 14 67 28-66 11-5 24-16 38-56 28-62 20 Bridlington Goole Great Driffield .... Hedon Howden Hull Scarborough. Thome Total 1 6,357 | 124 1,271-4 — 2,853-6 — — Number of days required for the Travelling Courts of this jm-isdiction, at 20 disputed cases per day — 63-57. 90 CIRCUIT No. 2, DISTRICT No. 3, JURISDICTION No. 2. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Average per day. Admi- ralty. Bank- ruptcy, Admin- istrative, &c. Stockton-on-Tees 230 33 7 11 11 Travelling Courts. Court. No. of Jvidg- ments, 1872. Days of Sit- ting, 1872. Estima- ted No. of dis- puted (Jases. Aver- age per Day. Estima- ted No. of un- defended Cases Aver- age per Day. Total Average. Barnard Castle . . Darlington Leyburn Northallerton Richmond Stockton-on-Tees & Middlesborough Stokesley Whitby Total .... 169 1,385 71 205 207 3,100 533 242 6 12 6 11 5 28 11 11 33-8 277 14-2 41 41-4 620 106-6 48-4 5'63 23-08 2-37 3-73 8-28 22-14 9-7 4-4 89-2 633 27-8 113 110-6 ,583 273-4 94-6 14-87 52-75 4-63 10-27 22-15 56-53 24-85 8-6 20-5 75-83 7 14 30-43 78-67 34-55 13 5,912 90 1,182-4 2,927-6 Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day— 59-12. CIRCUIT No. 2, DISTRICT No. 3, JURISDICTION No. 3. Principal Local Court. Estimated No. of Common Law causes. Days available. Common Law. Average per day. Admi- ralty. Bank- ruptcy, Admin- istrative. &c. York 197 44 4-5 — 11 91 Travelling Courts. Court. No. of Judg- ments, 1872. Davs of sitting 1872. Estima- ted No. of dis- puted cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. ■ Total Average Easingwold Helmsley 74 84 487 275 156 216 329 203 124 606 6 5 11 11 6 11 11 6 5 13 14-8 16-8 97-4 55 31-2 43-2 65-8 40-6 24-8 121-2 2-46 3-36 8-85 5 5-2 3-93 5-98 3-77 4-96 9-32 30-2 28-2 193-6 169 80-8 112-8 179-2 99-4 64-2 263-8 5-04 5-64 17-6 15-36 13-46 10-25 16-3 16-56 12-84 20-3 7-5 9 26-45 20-36 18.66 14-18 22-28 20-33 17-8 29-62 Knaresborough .... New Malton Pocklington Ripon Selby Tadcaster Thirsk York Total 2,554 85 510-8 — 1,221-2 — — Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 25-54. Summary of the District. Principal Local Courts. Estimated No. of Common Law Causes. Days available. Common Lav.'. Admi- ralty. Bankruptcy, Administrative, &c. Kingston-on-Hull Stockton-on-Tees York 259 33 230 33 197 44 11 11 11 11 11 Total 686 i 110 22 33 Travelling Courts, subordinate to and including No. of Courts. Estimated No. of contested Cases. No. of days required at 'JO cases per day. Additional Salary payable to Registrar as Travelling Judge. Kingston-on-Hull, . , Stockton-on-Tees York 9 8 10 1,271-4 1,182-4 510-8 63-57 59-12 25-54 £ 317-85 295-6 127-7 Total ' 27 2,964-6 148-23 741-15 92 SUMMARY OF THE WHOLE CIRCUIT. Principa' Local Courts Courts Judges Days 1 Estima- available tedNo. of for Common Common Law Law. Causes. Aver- age per Day. Admi- Bankruptcy, ralty ^^^^^nistra- District No. 1 . . District No. 2 . . District No. 3.. 2 3 3 1 1 1 121 132 110 723 271 686 5-98 2-05 6-24 22 22 — 33 22 33 Total 8 3 363 1,680 4-63 44 88 Travelling Coui-ts. No. of Courts. No. of Registrar Judges. Days of sitting. District No. 1 District No. 2 District No. 3 6 9 27 2 3 3 345-26 169-46 148-23 Total 42 8 662-95 CIRCUIT No. 3, DISTRICT No. 1, JURISDICTION No. 1. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Average per day. Admi- ralty. ' Bank- ruptcy, Admin- istrative, &c. Halifax 211 44 4-8 — 11 Travelling Courts. Court. No. of Judg- ments, 1872. Days of sitting 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average Burnley 1,037 3,975 320 22 48 12 207-4 795 64 9-43 16-56 5.33 351-6 1,642 115 16- '>5-43 Halifax 34-2 50-76 9-58 14-91 Todmorden Total 5,332 82 1066-4 — 2,108-6 — 1 — Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 53.32. 93 CIRCUIT No. 3, DISTRICT No. I, JURISDICTION No. 2. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Average per Day. Admi- ralty. Bank- ruptcy, Admin- istrative, i &c. Bradford .............. 295 44 6-7 — 11 Travelling Courts. Court. No. of Judg- ments, 1872. Davs of sitting 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average Bradford 4,454 175 448 445 57 306 61 8 11 11 6 9 890-8 35 89-6 89- 11-4 61-2 14.6 4-37 8-14 8-09 1-9 6-8 2,220-2 73 218'4 289 28-6 194-8 36-4 9-13 19-86 26-27 4 76 21-64 30-4 13-5 28 34-36 6-66 28-44 Colne Keighley Otley Settle Skipton Total 5,885 106 1,177 — 3,024 — — Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 58-85. CIRCUIT No. 3, DISTRICT No. 1, JURISDICTION No. 3. Estimated No. of Common Law Causes. Days available. Principal Local Court. Common Law. Average per Day. Admi- ralty. Bank- ruptcy, Admin- istrative, &c. Dewsburv 261 44 5-9 — 11 Travelling Courts. Court. No. of Judg- ments, 1872. Davs of sitting 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of unde- fended Cases Aver- age per Day. Total Average Dewsbury Holmfirth Huddersfield Pontefract Saddleworth 5,431 335 3,198 1,965 194 44 12 40 12 12 1086-2 67 639-6 393 38-8 24-69 5-58 15-99 32-75 3-23 1,605-8 129 976-4 996 56-2 36-0 10-75 24-41 83 4-68 61-19 16-33 40-4 llr75 7-91 Total 11,123 120 2,224-6 — 3,763-4 — Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 111-23. 94 Summary of the District. Principal Local Courts. Estimated No. of Common Law Causes. Days available. Common Law. Admi- ralty. Bankruptcy. Administrative. &c. Halifax 211 295 261 44 44 44 — 11 11 11 Bradford Dewsbury , Total 767 132 — 33 Travelling Courts, subordinate to and inchiding No. of Courts. Estimated No. of contested Cases. No. of days required at 20 cases per day. Additional Salary payable to Registrar as Travelling Judge. Halifax 3 6 5 1,066-4 1,177 2,224-6 53-32 68-85 111-23 £ 266-6 294-25 550-15 Bradford Dewsburj' Total 14 4,468 223-4 1,117 CIRCUIT No. 3, DISTRICT No. 2, JURISDICTION No. 1. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Average per Day. Admi- ralty. Bank- ruptcy, Admin- istrative, &c. 145 44 3-3 — 11 Travelling Courts. Court. No. of Judg- ments, 1872. Days of sitting 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average. Barnsley 3,295 1,287 28 11 659 257-4 23-7 23-4 1417 609-6 2,026-6 50-6 55-42 74-3 78-82 Doncaster Total 4,582 39 916-4 — — Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day— 45-82. 95 CIRCUIT No. 3, DISTRICT No. 2, JURISDICTION No. 2. Principal Local Court. Estimated No. of Common La-w Causes. Days available. Common Law. Average per Day. Admi- ralty. Bank- ruptcy, Admin- istrative, &c. Sheffield 223 88 2-5 22 Travelling Courts. Courts. No. of Judg- ments, 1872. Days of Sit- ting, 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases, Aver- age per Day. Total Average Rotherham Sheffield 2,957 14,931 23 94 591-4 2,986-2 25-7 31-77 1,284-6 5,636-8 55-85 59-96 81-55 91-73 Total 17,888 117 1 3,577-6 — 6,921-4 — — Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 178-88. Summary of the District. Principal Local Courts, Estimated No. of Common Law Causes. Days available. Common Law. Admi- ralty. Bankruptcy, Administrative, &c. Bamslej' 145 223 44 88 — 11 22 Sheffield Total 368 132 J — 33 TraveUing Courts, subordinate to and including No. of Courts. Estimated No. of contested Cases, No. of days requit-ed at 20 cases per day. Additional Salary payable to Registrar as Travelliag Judge. Barnslev to to 916-4 3,577-6 45-82 178-88 £ 229-1 894-4 Sheffield Total 4 4,494 224-7 1,123-5 96 CIRCUIT No. 3, DISTRICT No. 3, JURISDICTION No. 1. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Average per Day. Admi- ralty. Bank- ruptcy, Admin- istrative, &c. Leeds 330 88 3-7o 22 Travelling Court. Court. No. of Judg- ments, 1872. Days of Sit- ting, 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average. Leeds 11,510 81 2,302 28'4 5,881 72-6 101 Number of days required for tlie Travelling Court of this jurisdiction, at 20 disputed cases per day— 115 '1. CIRCUIT No. 3, DISTRICT No. 3, JURISDICTION No. 2. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Average per Day. Admi- ralty. Bank- ruptcy, Admin- istrative, &c. Wakefield 86 44 2 — U Travelling Court. No of -^^y^ i Estima- ' . T J of tedNo. 1"^^^^ S;.i ,?"- "' f- 1 pg Court. Estima- ted No. of un- defended Cases. Aver- age per Dav. Total Average Wakefield 2,-395 26 479 ; 18-42 1,055 40-6 59-02 Number of days required for the Travelling Coiu't of this jurisdiction, at 20 disputed cases per day — 23-95. 97 Summary" of the District. Principal Local Courts. Estimated No. of Common Law Causes. Days ayailable. Common Law. Admi- ralty. Bankruptcy, Administrative, &c. Leeds 330 86 88 44 z 22 11 Wakefield Total 416 133 33 Travelling Coui-ts, subordinate to and including. No. of Courts. Estimated No. of contested Cases. No. of days required at 20 cases per day. Additional Salary payable to Registrar as Travelliag Judge. Leeds 1 1 2,302 479 1 ^ 115-1 575-5 23-95 119-75 AVakefield Total 2 2,781 139-05 695-'25 SUMMARY OF THE WHOLE CIRCUIT. Principal Local Courts. Courts Judges Days available for Common Law. Estima- tedNo. of Common Law Causes. Aver- age per Diem. Admi- ralty Days. Bankruptcy, Administra- tive, &c., Days. District No. 1 . . District No. 2 . . District No. 3.. 3 2 2 1 1 1 132 132 132 767 368 416 5-8 2-8 3-15 — 33 33 33 Total .... 7 3 396 1,551 3-9 — 99 Travelling Courts. No. of Courts. No. of Registrar Judges. Days of sitting. District No. 1 14 4 2 3 223-4 District No. 2 2 224-7 2 139-05 District No. 3 Total 20 7 587-15 98 CIRCUIT No. 4, DISTRICT No. 1, JURISDICTION No. 1. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Average per Day. Admi- ralty. Bank- ruptcy, Admin- istrative, &c. Birkenhead 101 44 2-3 i — 11 Travelling Courts. Court. No. of Judg- ments, 1872. Days of Sit- ting, 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defeiyled Cases Aver- age per Day. Total Average. Birkenhead Runcorn 3,344 1,011 34 12 668-8 202-2 19-67 16-85 1,199-2 220-8 35-27 184 54-94 35-25 Total 4,355 46 871 1 — 1.420 1 — — Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 43*55. CIRCUIT No. 4, DISTRICT No. 1, JURISDICTION No. 2. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Average per Day. Admi- ralty. Bank- ruptcy, Admin- istrative, &c. Chester 177 44 4 i — 11 Travelling Courts. Court. No. of Judg- ments, 1872. Daj's of Sit- ting, 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average. Chester 1,430 149 280 * 526 344 1,341 230 320 1,104 16 6 5 11 11 16 5 11 16 286 29-8 56 105-2 68-8 268-2 46 64 220-8 17-87 5 11-2 9-58 6-25 16-76 9-2 5-8 13-8 613 92-2 91 366-8 170-2 656-8 99 171 455-2 38-3 15-36 18-2 33-34 15-5 41-05 15-8 15-55 28-45 56.17 20-36 29-4 42-92 21-75 57-81 25 21-35 40-68 Corwen Denbigh Holywell Mold and Flint Northwich Ruthin St. Asaph and Rhyl. Wrexham, &c Total | 5,724 97 1,144 8 - 2,715-2 — — Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 57-24. * There appears to be some error in the Parliamentary return here. 99 CIRCUIT No. 4, DISTRICT No. 1, JURISDICTION No. 3. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Average per Day. Admi- ralty. Bank- ruptcy, Admin- istrative, &c. Nantwicli and Crewe .... 46 44 1-05 — 11 Travelling Courts. Court. No. of Judg- ments, 1872. Days of sitting 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average Congleton, &c Nantwich, &c Whitchurch 767 955 187 20 21 7 153-4 191 37-4 7-67 9.09 5 35 387-6 557 79-6 19-38 26-52 11-37 27-05 35-61 16-72 Total 1,909 48 381-8 ~ 1,024-2 — — Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 19.09. Summary of the District. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Admi- ralty. Bankruptcy, Administrative, &c. Birkenhead Chester 101 177 46 44 44 44 11 11 11 Nantwich, &c Total 324 132 — ,^3 1 1 Travelling Courts, subordinate to and including No. of Courts. Estimated No. of contested Cases. No. of days required" at 20 cases per day. Additional Salary payable to Registrar as Travelling Judge. Birkenhead 2 9 3 871 1,144-8 381-8 43-55 57-24 19-09 £ 217-75 286-2 95-45 Chester Nantwich, &c Total 14 2,397-6 119-88 599-4 100 CIRCUIT No. 4, DISTRICT No. 2, JURISDICTION No. 1. Principal Local Court. Days available. No. of Common Common Law Causes. Law. Average per Day. Admi- ralty. Bank- ruptcy, Admin- istrative, &c. Chesterfield 70 44 1-59 — 11 Travelling Courts. Court. No. of Judg- ments, 1872. Days of sittina; 1872'; Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average Bakewell 297 3.'7 3,638 767 11 13 22 11 59-4 69-4 727-6 153-4 5'4 5-34 33-07 13-95 83-6 209-6 1,868-4 462-6 2,624-2 7-6 16-12 84-93 42-05 13 21-46 118 66 Chapel-en-le-Frith,&c Chesterfield Worksop Total 5,049 57 1,009-8 — — Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 50-49. CIRCUIT No. 4, DISTRICT No. 2, JURISDICTION No. 2. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Average per Day. Admi- ralty. Bank- ruptcy, Admin- istrative, &c. 11 Derby 130 44 2-95 — Travelling Courts. Court. Ashbourne Belper, &c Burton-on-Trent Derby Wirksworth . . . No. of Judg- ments, 1 1872. Days of sitting 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average. I 328 1,447 2,926 4,778 531 11 11 12 26 11 65-6 289-4 685-2 955-6 106-2 5-96 26-3 48-76 36-75 9-55 84-4 608-6 815-8 1,907 4 108-5 7-67 55-3 67-98 73-36 9-9 ]3'63 81 6 116-74 11011 19 -55 1 10,010 71 2,002 — 3,525 — — Number of clays required ior the TravelUng Courts of this jurisdiction, at 20 disputed cases per day — 100.1. 101 CIRCUIT No. 4, DISTRICT No. 2, JURISDICTION No. 3. Principal Local Court. Estimated No. of Common Law Causes Days available. Common Law. Average per Day. Admi- ralty. Bank- ruptcy, Admin- istrative, &c. Nottingham 249 44 5-66 — 11 Travelling Courts. Court. No. of Judg- ments, 1872. Days of sitting, 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average. Alfreton 2. 465 117 533 1,477 634 1,473 6,532 13,231 12 6 11 12 11 11 44 107 493 23-4 106 6 29-5 4 126-8 294 6 1,306-4 41 3-89 9-69 24-6 9-53 26-78 29-7 845 7o-6 294-4 497-6 i8.5-2 8t2-4 3,514-6 7041 12-6 26-67 41-48 44-1 76-58 79-9 111-41 36 36 36 66-08 53.63 103-26 109-6 Bingham Kas' Retford Grantham Mansfield Nottingiiam Total 2,646-2 — 6,554 8 — — Number of days required tor the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 132-31. Summary of the District. Principal Local Courts. Estimated No. of Common Law Causes. Days available. Common Law. Admi- ralty. Bankruptcy, Administrative, &c. Chesterfield 70 130 249 44 44 44 11 11 11 Derby Nottingham Total 449 132 — 33 Travelling Courts, subordinate to and includmg No. of Courts. Estimated No. of contested Cases. No. of days required at 20 cases per day. Additional Salary payable to Registrar as Travelling Judge. Chesterfield 4 5 7 1,009-8 2,002 2,646-2 50-49 100-1 132-31 252-45 500-5 661-55 Derby Nottingham Total 16 5,658 282-9 1,414-5 102 CIRCUIT No. 4, DISTRICT No. 3, JURISDICTION No. 1. Priircipal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Average per day. Admi- ralty. Bank- ruptcy, Admin- istrative, &c. Boston 91 33 2-76 11 11 Travelling Courts. Court. No. of Judg- ments, 1872. Days of sitting 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of unde- fended Cases Aver- age per Day. Total Average Boston 902 458 393 380 290 11 11 11 11 11 180-4 91-6 78-6 76 58 16-4 8-33 714 6 9 0-27 382-6 215 4 186-4 239 150 34-78 19-68 16-95 21-73 13-63 51-18 27-91 24-09 28-63 18.9 Horncastle Louth. Sleaford Spilsbv Total 2,423 55 484-6 — 1,173-4 — — Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 24-23. CIRCUIT No. 4, DISTRICT No. 3, JURISDICTION No. 2. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Average Admi- per Day.' rally. Bank- ruptcy, Admin- istrative, &c. Leicester 195 44 4-43 11 Travelling Courts. Court. No. of Judg- ments, 1872. Days of Sit- ting, 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average. Ashby-de-la-Zouch . Hinckley 1,658 219 5,488 1,875 235 451 285 393 297 270 12 G 24 12 10 6 11 12 6 6 331-6 43-8 1,097-6 375 47 90-2 57 78-6 59-4 54 27-4 7-3 45-7 31-25 4-7 15-03 5-18 6-65 9-9 9 610-4 140-2 1,438-4 306 73 251-8 98 156-4 155-6 193 50-86 23-37 59-93 23-83 7-3 41-97 8-9 13-03 25-93 32-16 78-26 30-67 105-63 55-08 12 57 1408 19-08 35-83 41-16 Leicester Loughborough .... Lutterworth Market-Bos worth . . Market-Harborough. Melton- Mowbray . . Uppingham Total 11.171 105 2,234-2 1 — 3,422-8 — — Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 111-71. 103 CIRCUIT No. 4, DISTRICT No. 3, JURISDICTION No. 3. Principal Local Court. Estimated No. of Common Law Causes. Da puted j^ '■^'^- ! 1872. Cases. | "^^• Estima- ted No of un- defended Cases. Aver- age per Day. Total Average Wolverhampton .... 6,462 47 1,292-4 27-5 2,636-6 56 83-5 Number of days required for the Travelling Court of this jurisdiction, at 20 disputed cases per day — 64-62. Siimmary of the District. Principal Local Courts. Estimated No. of Common Law Causes. Days available. Common Law. Admi- ralty. Bankruptcy, Administrative, &c. Stafford 216 140 104 44 44 44 11 — 11 — 11 Walsall Wolverhampton Total 460 132 _ 33 1 114 CIRCUIT No. 6, DISTRICT No. 2. JURISDICTION No. 1. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Average per Day. Admi- ralty. Bank- ruptcy, Adminis- trative, &c Birmingham* 409 88 4-65 — 22 Travelling Courts. Court. No. of Judg- ments, 1872. Days of sitting-, 1872.' Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age pt-r Day. Total Average. Birmingham* 16,916 140 3,383-2 2416 6,137.8 4384 68 Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 169 16. CIRCUIT No. 6. DISTRICT No. 2, JURISDICTIONT No. 2. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Average per day. j Bank- . J . ruptcv. Admi- , , ' . •. , Adiiiinis- '^'^>'- [ trative, 1 &c. Dudley 129 44 2.93 — 11 Travelling Courts. Court. No. of Judg- ments, 1872. Days of sittinsr. 1872. Estima- ted No. of dis- puted Lascs. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average. Dudley 4,313 2,467 41 23 862-6 493-4 21 04 2145 2,010 4 1.1226 49-03 48-8 7007 705 Stourbridge 1 Total 6,780 ^ip,356 — 3,133 — Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 67 8. ^ See Prefatory Remarks, ante p. 78. 115 Summary of the District. Principal Local Courts. Estimated No. of Common Law Causes. Days available. Common Law. Admi- ralty. Bankruptcy, Administrative, &c. Birmingham 409 129 88 44 22 U Total 538 132 — 33 Travelling Courts, subordinate to and including No. of Courts. Estimated No. of contested Cases. No. of days required at 20 cases per day. Additional Salary payable to Registrar as Travelling Judge. 1 2 3,383-2 1,356 16916 67-8 £ 845-8 339 Dudley Total 3 4,739-2 236-96 1,184-8 CIRCUIT No. 6, DISTRICT No. 3, JURISDICTION No. 1. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Average per Day. Admi- ralty. Bank- ruptcy, Admin- istrative, &c. Oxford 134 44 3 — 11 Travelling Courts. Court. No. of Judg- ments, 1872. Days of Sit- ting, 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima ted No. of un- defended Cases Aver- age per Day. Total Average, Abingdon , Banbiiry Bicester Brackley Chipping Norton Faringdon Oxford , Stow Wantage Witney Woodstock 448 635 397 169 257 190 1,042 225 245 291 262 12 12 12 11 6 6 12 6 6 6 89-6 127 79-4 33-8 51-4 38 208-4 45 49 58-2 52-4 7-47 10-58 6-61 3-07 8-56 6-33 17-37 7-5 8-16 9-7 8-73 187-4 314 55-6 99-2 111-6 74 522-6 75 81 69-8 91-6 15-61 26-17 4-63 9 18-6 12-33 43-55 12-5 13-5 11-63 15-27 23-08 36-75 11-24 12-07 27-16 18-66 60-92 20 21-66 21-33 24 Total 4,16ll 95 832-2 1,681-8 — Nxunber of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 41-61. 116 CIRCUIT No. 6, DISTRICT No. 3, JURISDICTION No. 2. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Average per day. Admi- ralty. Bank- ruptcy, Admin- istrative, &c. Warwick 118 44 2-7 — 11 Travelling Courts. Court. No. of Judg- ments, 1872. Days of sitting 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of unde- fended Cases Aver- age per Day. Total Average Alcester 249 240 954 407 611 198 237 365 294 1,230 6 8 12 12 11 6 6 11 7 12 49-8 48 190-8 81-4 122-2 39-6 47-4 73 58-8 246 8-3 6 15-9 6-78 11-11 6-6 7-9 6-64 8-4 20-5 109-2 88 451-2 181-6 315-8 64-4 84-6 135 83-2 654 18-2 14-66 37-6 15-13 28-7 10-73 H-1 12-27 11-9 46-17 26-5 20-66 63-5 21-91 39-81 17-33 22 1891 20-3 66-67 Atherstone Coventry Nuneaton Rugby SolihuU Southam Stratford-on-Avon . . Tamworth Warwick Total 4,785 91 957 — 2,067 — — Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 47*85. CIRCUIT No, 6, DISTRICT No. 3, JURISDICTION No. 3. Principal Local Court. Estimated No. of Common Law causes. Days available. Common Law. Average per day. Admi- ralty. Bank- ruptcy, Admin- istrative, &c. Worcester 1 166 44 3-77 — 11 117 Travelling Courts. Court, No. of Judg- ments, .1872. Davs of sitting 1872. Estima- ted No. of dis- puted cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average Bromsgrove Bromyard Droitwich Evesham 543 211 280 499 640 1,776 301 515 400 305 2,412 11 6 6 12 6 12 6 6 12 6 24 108 6 42-2 56 99-8 128 355-2 60-2 109 80 61 482-4 9-87 7-03 9-33 8-32 21-33 29-6 10 03 18-16 6-66 10-17 20-1 1.30-4 96-8 162 235-2 297 671-8 149-8 296 211 103 780-6 11-85 16-13 27 19-6 49-5 56 24-97 49-34 17-58 17-16 32-52 21-72 23-16 36-33 27-92 70-83 85-6 35 67-5 24-24 27-43 52-62 Great Malvern Kidderminster .... Pershore Kedditch Shipston-on-Stour. . Tenbury "Worcester Total 7,912 107 1,582-4 — 3,133-6 — — Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 79-12. Summary of the District. Principal Local Courts. Estimated No. of Common Law Causes. Days available. Common Law. Admi- ralty. Bankruptcy, Administrative, &c. Oxford 134 118 166 44 44 44 11 11 11 ^Varwick Worcester Total 418 132 J — 1 33 1 ' Travelling Courts, subordinate to and including No. of Coujts. Estimated No. of contested Cases. No. of days req\iii-ed at 20 cases per day. Additional Salary payable to Registrar as Travelling Judge. Oxford 11 10 11 832.2 957 1,582-4 41-61 47-85 79-12 £ 208-05 239-25 395-6 AN'^arwick Worcester Total 32 3,371-6 168-58 842-9 118 SUMMARY OF THE WHOLE CIRCUIT. Principal Local Courts. Courts Judges Days available for Common Law. Estima- tedNo.of Common Law Causes. Aver- age per Diem. Admi- ralty Days. Bankruptcy, Administra- tive, &c. Days. District No. 1 . . District No. 2.. District No. 3 . . 3 2 3 1 1 1 132 132 132 460 538 418 3-48 4 3-16 — 33 33 33 Total 8 3 396 1,416 3-56 — 99 Travelling Courts. No. of Courts. No. of Registrar Judges. Days of Sitting. District No. 1 14 3 32 49 3 2 3 8 299-22 236-96 168-58 704-76 District No. 2 District No. 3 Total CIRCUIT No. 7, DISTRICT No. 1, JURISDICTION No. 1. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Average per Day. Admi- ralty. Bank- ruptcy, Admin- istrative, &c. Bedford 98 44 2-22 — U Travelling Courts. Number of days required for tlie Travelling Courts of this jurisdiction, at 20 disputed cases per day — 31-68. 119 CIRCinT No. 7, DISTRICT No. 1, JURISDICTION No. 2. Principal Local Court. Estimated No of Common Law Causes. Days available. I Common Law. Average per Day. Admi- ralty. Bank, ruptcy Admin- istrative, &c. Cambridge 96 44 2-18 — 11 Travelling Courts. Cotirt. No. of Judg- ments 1872. Days of sitting 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average Cambridge Ely 949 315 290 281 209 255 179 65 14 7 6 11 7 6 6 6 189-8 63 58 56-2 41-8 51 35-8 13 13-55 9 . 9-66 5-1 6 8-5 6 2-16 536-2 128 113 146-8 85-2 157 70-2 32 38-3 18-3 19 13-35 12-17 26-16 11-7 5-34 51-85 27-3 28-66 18-45 18-17 34-56 17-7 7-5 HaverTiill March. Newmarket Royston Saffiron Walden , . . . Soh.am. Total 2,543 63 508-6 — 1.268-4 — — Number of days required for the Travelling Coixrts of this jurisdiction, at 20 disputed cases per day — 25-43. CIRCUIT No. 7, DISTRICT No. 1, JURISDICTION No. 3. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Average per Day. Admi- ralty. Bank- ruptcy, Admin- istrative, &c. Northampton 83 44 2 — 11 Travelling Courts. No. of ^^p Court. ift Sit- ments, ,. 1879 tmg, 1872. 5872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of im- defended Cases. Aver- age per Day. Total Average. Daventry Kettering 254 333 50-8 666 254-6 53 49-8 93-8 4-62 6-05 18-18 4-81 4-53 8-53 133-2 191-4 633-4 146 104-2 235-2 12-1 17-4 45-24 13-27 9-47 21-38 16-72 23-45 63-42 18-08 14 29-91 Northampton Thrapstone Towcester Wellingborough .... 1,273 265 249 469 Total 2,843 69 568-6 — 1,433-4 — — Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day— 28-43. 120 Summary of the District. Principal Local Courts. Estimated No. of Common Law Causes. Days available. Common Lav.'. Admi- ralty. Bankruptcy, Administrative, &c. Bedford 98 96 83 44 44 44 — 11 11 11 Cambridge Northampton Total 277 132 — 33 Travelling Courts, subordinate to and including No. of Courts. Estimated No. of contested Cases. No. of days required at 20 cases per day. Additional Salary payable to Kegistrar as Travelling Judge. Bedford 7 8 6 633-6 508-6 568-6 31-68 25-43 28-43 £ 158-4 127-15 142-15 Cambridge Northampton Total 21 1,710-8 85-54 427-7 CIRCUIT No. 7, DISTRICT No. 2, JURISDICTION No. 1. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Average per Day. Admi- ralty. Bank- ruptcy, Admin- istrative, &c. King's Lynn 73 33 2-21 11 11 Travelling Courts. Court. No. of Judg- ments, 1872. Days of sitting 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average Downham ^Market . . East Dereham Holbeach 156 162 611 553 577 112 6 11 11 13 11 6 31-2 32-4 122-2 110-6 115-4 22-4 5-2 2-95 11 11 8.5 10-5 3-73 62-8 73-6 332-8 174-4 284-6 71-6 10-46 6-7 30-25 13-4 25-87 11-5 15-66 9-65 41-36 21-9 36-37 16-23 King's Lynn Spalding Swaffham i Total 2,171 58 1 434-2 — 996-8 — — Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 21.71. 121 CIRCUIT No. 7, DISTRICT No. 2, JURISDICTION No. 2. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law, Average per Day. Admi- ralty. Bank- ruptcy, Admin- istrative, &c. Norwich 98 44 2-23 — 11 Travelling Courts. Court. No. of Judg- ments, 1872. Days of sitting 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average Attleboroiigh Avlsham 59 87 207 67 218 177 92 1,216 116 68 6 11 11 6 11 6 9 23 6 6 11-8 17-4 41-4 13-4 43-6 35-4 18-4 243-2 23-2 13-6 1-96 1-58 3-76 2-23 3-96 5-9 2-04 10-57 3-86 2-26 42-2 38-6 110-6 38-6 92-4 85-6 38-6 484-8 71-8 31-4 7-03 3-5 10-05 6-43 8-4 14-26 4-29 21-07 11-96 5-24 8-99 .V08 13-81 8-66 12-36 20-16 6-33 31-64 15-82 7-5 Diss and Eye Holt Little Walsingham . Mildenhall North Walsham .... Norwich Thetford Wymondham Total 2,307 95 461-4 — 1,034-6 — — Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 23-07. CIRCUIT No. 7, DISTRICT No. 2, JURISDICTION No. 3. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Average per day. Admi- ralty. Bank- ruptcy, Adminis- trative, &c. Peterborough 84 44 1.9 — 11 122 Travelling Courts. Court. No. of Judg- ments, 1872. Days of sitting, 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average. Bourn 519 458 1,192 517 602 1038 916 238-4 lOS-4 120-4 9-43 8-33 21-67 9-4 10-95 2822 237-4 500-6 203-6 274-6 23-65 21-58 45-5 18-5 24 96 35-08 29-91 67-17 27-9 35-91 Oundle Peterborough Stamford Wisbech Total 3,288 55 657-6 — 1,498-4 — — Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 32 88. Summary of the District. Principal Local Courts. Estimated No. of Common Law Causes. Days available. Common Law. Admi- ralty. Bankruptcy, Administrative, &c. King's Lynn 73 98 84 33 44 44 11 11 11 11 Norwich , Peterborough Total 255 121 11 33 Travelling Courts, subordinate to and including No. of Courts. Estimated No. of contested Cases. No. of days required at 20 cases per day. Additional Salary payable to Registrar as Travelling Judge. King's Lynn 6 10 5 434-2 461-4 657-6 21-71 23-07 32-88 £ 108-55 115-35 164-4 Norwich Peterborough Total 21 1.553-2 77-66 388-3 CIRCUIT No. 7, DISTRICT No. 3, JURISDICTION No. 1. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Average per Day. Admi- ralty. Bank- ruptcy, Adminis- trative, &c. Colchester 86 33 2-6 11 11 123 Travelling Courts. Court. No. of Judg- ments, 1872. Days of sitting, 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day, Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average. Braintree 233 244 394 819 104 135 251 247 263 403 6 6 12 12 6 6 6 6 7 12 46-6 48-8 78 8 163-8 20-8 27 50-2 49-4 526 80-6 7-76 8-13 6-56 13-65 3-46 4-5 8-36 8-23 7-51 6-71 115-4 1292 135-2 311-2 55-2 89 1468 25-6 163-4 234-4 19-23 21-53 11-27 25 93 9-2 14-83 24-46 4-26 23-34 19-53 26 99 29-66 17-83 39-58 12-66 19 33 32-82 12-49 30-85 26-24 Chelmsford Colchester Halstead Harwich Maiden Rochford Romford Total 3,093 79 618-6 — 1,405-4 — — Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 30-93. CIRCUIT No. 7, DISTRICT No. 3, JURISDICTION No. 2. Principal Local Court, Estimated No. of Common Law Causes. Days available. Common Law. Average per Day. Admi- ralty. Bank- ruptcy, Admin- istrative, &c. Ipswich 109 33 3-3 11 11 Travelling Courts. Court Bury St. Edmunds. Framlingham,&c.... Hadleigh No. of Judg- ments, 1872. 576 250 219 1,520 303 334 218 Days of sitting, 1872. "21"" 11 6 46 11 12 13 Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average. 115-2 50 43-8 304 60-6 66-8 43-6 5-48 4-55 7-3 6-6 5-5 5-56 3-35 350-8 142 48-2 795 87-4 141-2 1324 16-7 12-9 8-03 17-3 8 11-77 10-2 22-18 17-45 15-33 23-9 13-5 17-33 13-55 Ipswich Stowmarket Sudbury Woodbridge Total 3,420 120 684 — 1,697 — — Number of days required for the Travelling Courts of this jurisdictioa, a 20 disputed cases per day — 34-2. 124 CIRCUIT No. 7, DISTRICT No. 3, JURISDICTION No. 3. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law, Average per Day. Admi- ralty. 11 Bank- ruptcy, Admin- istrative, &c. 11 Yarmouth (Great) 103 33 3-1 Travelling Courts. Court. No. of Judg- ments, 1872. Days of sitting 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average. Beccles, &c 239 180 197 333 760 11 11 8 15 32 47-8 36 39-4 666 152 4-35 3-27 4-92 4-44 4-75 130-2 82 124-6 162-4 149 11-84 7-45 15-58 10-8 4-65 16-19 10-72 20-5 15-24 9-4 Halesworth Harleston Lowestoft Yarmouth Total 1,709 77 341-8 — 628-2 — Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 17-09. Summary of the District. Principal Local Courts. Estimated No. of Common Law Causes. Days available. Common Law. Admi- ralty. Bankruptcy, Administrative, &c. 11 11 11 Colchester 86 109 103 33 33 33 11 11 11 Ipswich Yarmouth (Great) Total 298 99 33 33 Travelling Courts, subordinate to and including No. of Covirts. Estimated No. of contested Cases. No. of days required at 20 cases per day. Additional Salary payable to Registrar as Travelling Judge. Colchester 10 7 6 618-6 684 341-8 30-93 34-2 17-09 £ 154-65 171 85-45 Ipswich Yarmouth (Great) Total 22 1,644-4 82-22 411-1 125 SUMMARY 0F7THE WHOLE CIRCUIT. Principal Local Courts. Courts Judges Days available for Common Law. Estima- tedNo.of Common Law Causes. Aver- age per Diem. Admi- ralty Days. Bankruptcy, Administra- tive, &c., Days. District No. 1 . . District No. 2 . . District No. 3.. 3 3 3 1 1 1 132 121 99 277 255 298 2-1 2-1 3 11 33 33 33 33 Total .... 9 3 352 830 2-3 44 99 Travelling Covirts. No. of Courts. No. of Registrar Judges. Days of sitting. District No. I 21 21 22 3 3 3 85-54 77-66 82-22 District No. 2 District No. 3 Total 64 9 245-42 CIRCUIT No. 8, DISTRICT No. 1, JURISDICTION No. 1. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Average per Day. * Admi- ralty. Bank- ruptcy, Admin- istrative, &c. London, N 343 132 2-6 — 33 Travelling Courts. Court. No. of Judg- ments, 1872. Days of sitting 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average Barnet ■281 6,276 8,631 875 12 145 148 22 327 56-2 1,255-2 1,706-2 175 4-68 8-65 11-73 8 157-8 2,489-8 2,833-8 379 13-15 17-17 19-15 17-23 17-83 26-82 3088 25-23 Bloomsbury Clerkenwell Edmonton Total 15,963 3,192-6 — 5,860-4 — — Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 159-63. * This average will in this and other London Courts be probably much increased by transferred causes. im Summary of the District. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Admi- ralty. Bankruptcy, Administrative, &c. London, N 343 132 — 33 Travelling Court, subordinate to and including No. of Courts. Estimated No. of contested Cases. No. of days required at 20 cases per day. Additional Salary payable to Registrar as Travelling Judge. London, N. . ■ 4 3,192-6 159-63 798-15 CIRCUIT No. 8, DISTRICT No. 2, JURISDICTION No. I. Principal Local Court. Days available. Estimated I No. of Common Common Law Causes.' Law. Average per Day. Admi- ralty. Bank- ruptcy, Admin- istrative, &c. London, E. 201 132 1-5 33 Travelling Courts. Court. No. of Judg- ments, 1872. Days of Sit- ting, 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average Bow ■ 6,358 6,517 5,973 ■ 60 85 111 1,071-6 1,303-4 1,194-6 17-89 15-23 10-76 1,595-4 2,082-6 2,314'4 26-59 24-5 20-85 444-48 39-73 31-61 Shoreditch. "Whitechapel Total 17,848 256 3,569-6 — 5,992-4 — — Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 178-48. Summary of the District. Principal Local Court. London, E. Estimated ' No. of Common Common Law Causes. Law. Days available. 201 132 Admi- ralty. Bankruptcy. Administrative, &c. 33 127 Travelling Court, subordinate to and including No. of Courts. Estimated No. of contested Cases. No. of days required at 20 cases per day. Additional Salary payable to Registrar as Travelling Judge. London, E 3 3,569-6 178-48 892-4 CIRCUIT No. 8, DISTRICT No. 3, JURISDICTION No. 1. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Average per Day. Admi- ralty. Bank- ruptcy, Admin- istrative, &c. London, W 631 88 7-2 — 22 Travelling Courts. Court. No. of Judg- ments, 1872. Days of Sit- ting, 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average. Brentford Brompton Marylebone Uxbridge 1,734 4,312 5,014 672 6,566 16 58 73 12 127 346-8 862-4 1,002-8 134-4 1,313-2 21-67 14-87 13-73 11-2 10-34 957-2 2,053-6 2,160-2 273-6 3,215-8 59-82 35-4 29-6 22-8 81-49 50-27 43-33 34 Westminster 25-32 35-66 Total 18,298 286 3,659-6 — 8,660-4 — — Number of days required for tlie Travelling Courts of this jui-isdiction, at 20 disputed cases per day — 182'98. CIRCUIT No. 8, DISTRICT No. 3, JURISDICTION No. 2. Estimated No. of Common Law Causes. Days available. Principal Local Court. Common Law. Average per Day. Admi- ralty. Bank- ruptcy, Admin- istrative, &e. London, S 246 44 5-6 — 11 128 Travelling Courts. Court. No. of Judg- ments, 1872. Days of sitting, 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average. Lambeth 5,310 7,629 988 61 121 23 1,062 1,525-8 197-6 17-4 12-61 8-6 1,981 2,441-2 308-4 32-47 20-16 13-4 49-87 32-87 22 Sourhwark Woolwich Total 13.927 205 2,785-4 — 4,7306 — — Number of days lequired for the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 139-27. Summary of the District. Principal Local Coui-ts. Estimated No. of Common Law Causes. Days available. Common Law. Admi- ralty. Bankruptcj--, Administrative, &c. London, W 631 246 88 44 — 22 11 London, S Total 877 132 33 Travelling Courts, subordinate to and including. No. of Courts. Estimated No. of contested Cases. No. of days required at 20 cases per day. Additional Salary payable to Registrar as Travelling Judge. London, W 5 3 3,659-6 2,785-4 182-98 139-27 914-9 698-35 London, S Total 8 6,445 322-25 1,613-25 SUMMARY OF THE WHOLE CIRCUIT. Principal Local Courts. Courts Judges Days available for Common Law. Estima- tedNo.of Common Law Causes. Aver- age per Diem. Admi- ralty Days. Bankruptcy, Administra- tive, &c.. Days. District No. 1 . . District No. 2 . . District No. 3. . 1 1 2 1 1 1 132 132 132 343 201 877 2-6 1-5 6-6 — 1 33 — 1 33 — : 33 Total 4 3 396 1 1,421 3-6 — 99 129 Travelling Courts. No. of Courts. No. of Registrar Judges. Days of sitting. District No. 1 District No. 2 District No. 3 4 3 8 1 1 2 159-63 178-48 322-25 Total 15 4 660-36 CIRCUIT No. 9, DISTRICT No. 1, JURISDICTION No. 1. Principal Local Court. Estimated No. of Common Law Causes. Days available. 1 Common Law. Average per day. Admi- ralty. Bank- ruptcy, Admin- istrative, &c. Aylesbury 68 44 1.56 — 11 Travelling Courts. Court. No. of Judg- ments, 1872. Days of sitting 1872 Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average Aylesbury Buckingham Chesham 375 312 222 488 276 12 11 12 12 12 75 62-4 44-4 97-6 65-2 6-25 6-67 3-7 8-13 4-6 230 91-6 115-6 217-4 131-8 19-16 7-63 9-63 18-12 10-98 25-41 13-3 13-33 26-25 15-58 High Wycombe Thame Total 1,673 59 334-6 — 786-4 — — Number of days required for the Travelling Cotirts of this jiirisdiction, at 20 disputed cases per day — 16-73. CIRCUIT No. 9, DISTRICT No. 1, JURISDICTION No. 2. , Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Average per Day. Admi- ralty. Bank- ruptcy, Admin- istrative, &c. Hertford 152 44 3-45 — 11 130 Trarelling Courts. Court. No. of Judg- ments, 1872. Days of Sit- ting, 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average. Bishop Stortford . . Hertford 253 619 454 819 530 693 546 10 12 12 12 12 13 12 50-6 123-8 90-8 163-8 106 118-6 109-2 5-06 10-31 7-56 13-65 8-83 9-12 9-1 102-4 184-2 268-2 391-2 293 180-4 274-8 10-24 15-35 22-35 32-6 24-44 13-88 22-9 15-3 25*66 29-91 46-25 33-27 23 33 Leighton Buzzard . . Luton St. Alban's Waltham Abbey . . "Watford Total 3,814 83 762-8 — 1,694-2 — Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed eases per day — 38-14, CIRCUIT No. 9, DISTRICT No. 1, JURISDICTION No. 3. Principal Local Court. Estimated No. of Common Law Causes. Days available. Com- mon Law. Bank- Average Admi- -£'. per day. ralty. .^^^^^.^^^ i 1 ^^• Reading 126 44 2.86 _ 1 11 Travelling Courts. Court. No. of Judg- ments, 1872. Dayi of sitting 1872 Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average Basingstoke Henley-on-Thames Hungerford Newbury Reading Wallingford Windsor 358 118 233 459 1,037 218 750 12 7 5 11 11 7 12 71-6 23-6 46-6 91-8 207-4 43-6 160 5-97 3-37 9-32 8-35 18'85 6-23 12-5 259-4 54-4 46-4 227-2 470-6 82-4 392 21-61 7-77 9-28 20-65 42-8 11-77 32-7 27-58 11-14 18-6 29 61-65 18 45-2 Total 3,173 65 634-6 1,532-4 Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 31-73. Summary of the District. Principal Local Courts. Estimated No. of Common Law Causes. Days available. Common Law. Admi- ralty. Bankruptcy, Administrative, &c. Aylesburv 68 152 126 44 44 44 11 11 11 Hertford Reading Total 346 132 — 33 131 Travelling Courts, subordinate to and including No. of Co\uts. Estimated No. of contested Cases. No. of days required at 20 cases per day. Additional Salary payable to Registrar as Travelling Judge. Aylesbury 5 7 7 334-6 762-8 634-6 16-73 38-14 31-73 £ 83-65 190-7 1.58-65 Hertford Reading Total 19 1,732 86-6 433 CIRCUIT No. 9, DISTRICT No. 2, JURISDICTION No. 1. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Average per Day. 1 Bank- Admi- i I'^P'^J' ^^^^5- istrative, &c. Crovdon 107 44 2-43 — 11 1 Travelling Courts. Cotirt. No. of Judg- ments, 1872. Days of Sit- ting, 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average. Croydon 1,189 294 601 312 23 6 12 6 237-8 58-8 120-2 62-4 10-34 9-8 10-02 10-4 617-2 124-2 188-8 164-6 26-83 20-7 15-31 27-63 37-17 30-5 25-33 38-03 Epsom Godalming and Guildford Reigate Total 2,. 39 6 47 479-2 — 1,089-8 — — Number of days required for the TraveUing Courts of this jurisdiction, at 20 disputed cases per day— 23-96. CIRCUIT No. 9, DISTRICT No. 2, JURISDICTION No. 2. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Average per Day. 1 Bank- Admi- \j^^y' ralty. Admm.s. •' ' trative, ; &c. Kingston-on-Thames ... 99 44 2-25 — i 11 132 Travelling Courts. Court. No. of '^^P Jii 1 *"^^' ^"'•^- 1872. Estima- . ted No. ^;//- °ff- per puted ^ Cases, -^^y- 1 Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average. Cliertsey 515 , 13 916 ' 12 2,163 33 103 183-2 432-6 8 15-27 13-1 1 262 20-1 491-8 40-98 1,005-4 30-47 28-1 56-25 43-57 Wandsworth Total 3,594 ' 58 ! 718-8 ! - 1.759-2 ! — — Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 35-94. CIRCUIT No, 9, DISTRICT No. 2, JURISDICTION No. 3. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Average per Day. Admi- ralty. Bank- ruptcy, Admin- istrative, &c. Rochester 174 33 5-27 11 11 Travelling Courts. Court. No. of Judg- ments, 1872. Days of sitting, 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average. 336 612 934 2,651 935 3,154 H3 502 176 481 11 12 11 31 22 Si 6 11 11 11 67-2 122-4 186-8 530-2 187 630-8 28-6 100-4 35 2 6-1 10-2 16-99 17-1 8-5 lS-55 4-76 9 13 3-2 177-8 371-6 3402 16-16 30 97 30-93 22-26 41-17 47-92 60-56 3218 53-65 17-36 83-63 1055 29-55 Dartford 1,347-S , 43-46 521 1.1932 74-4 269-6 80-8 228-8 23-68 351 12-6 24-5 7-35 20-8 Sevenoaks Tonbridge Wells ... 96-2 1 8-75 Total 9,924 160 1.984-8 1 — 4,605-2 1 — — Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day— 99-24. 133 Summary of the District. Principal Local Courts. Estimated No. of Common Law Causes. Days available. Common Law. Admi- ralty. Bankruptcy, Administrative, &c. Croydon 107 99 174 44, 44 33 11 11 11 11 Kingston-on-Thames Rochester Total ' 380 121 11 33 Travelling Courts, subordinate to and including No. of Courts. Estimated No. of contested Cases. No. of days required at 20 cases per day. Additional Salary payable to Registrar as Travelling Judge. 4 3 10 4:79-2 718-8 1,984-8 23-96 35-94 99-24 £ 119-8 179.7 496-2 Kingston-on-Thames Rochester ToTAt 17 3,183-8 159-14 795-7 CIRCUIT No. 9, DISTRICT No. 3, JURISDICTION No. 1. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Average per Day. Admi- ralty. Bank- ruptcy, Adminis- trative, &c. Brighton 430 33 13 11 11 Travelling Courts. Court. No. of Judg- ments, 1872. Days of Sit- ting, 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima ted No. of un- defended Cases Aver- age per Day. Total Average- Arundel Brighton Chichester ... Cuckfield Dorking East Grinstead Hastings Horsham , Lewes Rye Worthing ...... 233 2,911 482. 173 115 67 640 19J 627 80 237 6 38 12 6 6 6 18 6 12 6 6 47-6 582-2 96-4 35-6 23 13-4 128 39 125-4 16 47-4 7-93 15-32 8-03 5-93 3-83 2-23 7 6-5 10-45 2-66 7-9 113-4 2,222-8 157-6 61-4 61 28-6 297 87 389-6 41 107-6 18-9 58-5 13-13 10-23 10-17 4-77 16-5 14-5 32-46 6-83 17-93 26-83 73-82 21-16 16-16 14 7 23-5 21 42-91 9-49 25-83 Total 5,770 122 1,154 — 3,567 Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 57 '7. 134 CIRCUIT No. 9, DISTRICT No. 3, JURISDICTION No. 2. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Average per Day Admi- ralty. Bank- ruptcy, Admin- istrative, &c. Canterbury 126 33 3-8 1 n 11 Travelling; Courts. Court. No. of Judg- ments, 1872. Days of sitting 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average Asbford 360 671 116 3.50 541 370 87 241 287 40 216 659 108 11 11 5 11 11 11 6 11 12 7 6 11 11 72 134-2 23-2 70 108-2 74 17-4 48-2 57-4 8 43-2 111-8 21-6 6-55 12-2 4-64 6-36 9-84 6-72 2-9 4-38 4-78 1-U 7-2 10-16 1-96 214 300-8 54-8 149 302-8 222 32-6 109-8 133-6 11 118-8 209-2 66-4 19-45 27-35 10-96 13-55 27-52 20-18 5-43 9-9 11-13 1-6 19-8 19 6-04 26 39-55 15-6 19-91 37-36 27-9 8-33 14-28 159-1 2-74 27 29-16 8 Canterbury Deal Dover Faversham Folkestone Hytbe Margate Ramsgate Romney Sandwich Sittingbourne Tenterden Total 3,946 124 789-2 — 1,924-8 — — Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 39 -46. CIRCUIT No. 9, DISTRICT No. 3, JURISDICTION No. 3. Principal Local Court. Estimated No. of Common Law Causes. Days available. Com- mon liaw. Average per day. i Bank- Admi- : '^^If' ralrv Admin- ^'^^ • istrative, &c. Portsmouth 279 33 8-46 i 11 ' 11 Travelling Courts. Court. No. of Judg- ments, 1872. Days of Sit- ting, 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases Aver- age per Day. Total Average. Midhurst 141 1,052 221 216 2,954 6 12 6 6 38 28-2 210-4 44-2 43-2 590-8 4-7 17-53 7-36 7-2 15-55 94-8 808-6 77-8 110-8 2,026-2 15-8 67-38 12-93 18-46 53-32 20-5 84-91 20-29 25-66 68-87 Newport and Ryde . Petersfield Petworth Portsmouth Total 4,584 68 916-8 — 3,118-2 — — Number of days requiredj^for the Travelling disputed ewes per day — 45 '84. Courts of this jurisdiction, at 20 135 Summary of the District. Principal Local Courts, Estimated No. of Common Law Causes. Days available. Common Law. Admi- ralty. Bankruptcy, Administrative, &c. Brighton 430 126 279 33 33 33 11 11 11 11 11 11 Canterbury Portsmouth Total 835 99 33 33 Travelling Courts, subordinate to and including No. of Courts. Estimated No. of contested Cases. No. of days required at 20 cases per day. Additional Salary payable to Kegistrar as Travelling Judge. Brighton 11 13 5 1,154 789-2 916-8 57-7 39-46 45-84 £ 288-5 197-3 229-2 Canterbury Portsmouth Total 29 2.860 143 715 SUMMARY OF THE WHOLE CIRCUIT. Principal Local Courts. Courts Judges Days available for Common Law. Estima- tedNo.of Common Law Causes. Aver- age per Diem. Admi- ralty Days. Bankruptcy, Administra- tive, &c. Days. District No. 1.. District No. 2 . . District No. 3.. 3 3 3 1 1 1 132 121 99 346 380 835 2-6 3-1 8-4 11 33 33 33 33 Total 9 3 352 1,561 4-4 44 99 Travelling Courts. No. of Courts. No. of Registrar Judges. Days of Sitting. District No. 1 19 17 29 65 3 3 3 9 86-6 159-14 143 388-74 District No. 2 Districi No. 3 Total 1S6 CIRCUIT No. 10, DISTRICT No. 1, JURISDICTION No. 1. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Average per Day. Admi- ralty. Bank- ruptcy, Admiir- istrative, &c. Salisbury 104 44 2-4 — 11 Travelling Courts. Court. No. of Judg- ments 1872. Days of sitting 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average Andover 268 386 212 204 229 593 438 241 93 540 389 11 11 6 6 6 11 11 12 6 6 11 53-6 77-2 42-4 40-8 45-8 118-6 87-6 48-2 18-6 108 77-8 4-87 7 7-06 6-8 7-63 10-78 7-96 4 3-1 18 7-07 167-4 134-8 84-6 72-2 160-2 205-4 175-4 114-8 68-4 49 140-2 15.22 12-24 14-1 12-03 23-7 18-67 15-94 9-58 11-4 8-16 12-75 20 09 1924 21-16 18-83 31-33 29-45 23-9 13-58 14-5 26-16 19-82 Bladford Christchurch Fordingbridge Romsey Salisbury Shaftesbury Warminster Westbury Wimborne Wincanton Total 3,593 97 718-6 — 1,372-4 — — Number of days required for tlie Travelling Courts of this jurisdiction, at 20 disputed cases per day — 35-93. CIRCUIT No. 10, DISTRICT No. 1, JURISDICTION No. 2. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Average per Day. Admi- ralty. Bank- ruptcy, Admin- istrative, &c. Southampton 122 33 3-7 11 11 137 Travelling Courts. Court. No. of Judg- ments, 1872. Days of Sit- ting, 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average. Alton 127 166 581 138 1,629 741 6 6 11 6 35 12 25-4 33-2 116-2 27-6 325-8 148-2 4-23 5-53 10-56 4-6 9-3 12-35 55-6 74-8 334-8 79-4 870-2 325-8 9-26 12-46 30-44 13-23 24-86 27-15 13-49 17-99 41 17-83 34-16 39-5 Bishop's Waltham. . Farnham Lymington Southampton "Winchester Total 3,382 76 676-4 — 1,740-6 — — Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 33-82. CIRCUIT No. 10, DISTRICT No. 1, JURISDICTION No. 3. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Average per Day. Admi- ralty. Bank- ruptcy Admin- istrative, &c. Dorchester 118 33 3-6 11 11 Travelling Courts. Court. No. of Judg- ments, 1872. Days of sitting 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average. Bridport 465 221 402 228 151 519 529 11 11 11 11 6 11 11 93 44-2 80-4 45-6 30-2 103-8 105-8 8-45 4 7-3 4-15 5-03 9-44 9-62 241 103-8 68-8 100-4 59-8 203-2 278-2 21-9 9-44 6-24 9-12 9-97 18-47 25-3 30-35 13-44 13-54 13-27 15 27-91 34-92 Crewkerne Dorchester Poole Wareham Weymouth Yeovil Total 2,515 72 503 — 1,055 — — Number of days required for the Travelling Coiirts of this jurisdiction, at 20 disputed cases per day — 25-15. Summary of the District. Principal Local Courts. Estimated No. of Common Law Causes. Days available. Common Admi- Law. ralty. Bankruptcy, Administrative, &c. Salisbury 104 122 118 44 33 33 11 11 11 11 11 Southampton Dorchester Total 344 110 22 33 1 138 Travelling Courts, subordinate to and including No. of Courts. Estimated No. of contested Cases. No. of days requii-ed at 20 cases per day. Additional Salary payable to Registrar as Travelling Judge. Salisbury 11 6 7 718.6 676-4 503 35-93 33-82 25-15 £ 179-65 169-1 125-75 Southampton Dorchester Total 24 1.898 94-9 474-5 CIRCUIT No. 10, DISTRICT No. 2, JURISDICTION No. 1. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Average per Day. Admi- ralty. Bank- ruptcy, Admin- istrative, &c. Bath 209 44 4-75 — 11 Travelling Courts. Court. No. of Judg- ments, 1872. Days of sitting 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average Bath 1,905 250 139 295 129 366 516 156 113 1,018 238 27 14 6 12 8 12 12 12 6 13 12 381 50 27-8 59 25-8 73-2 103-2 31-2 22-6 203-6 47-6 14-11 3-57 4-63 4-9 3-22 6-1 8-6 2-6 3-76 15-66 3-97 1,241 134 63-2 162 85-2 199-8 264-8 82-8 45-4 468-4 131-4 31-48 9-57 10-53 13-5 10-65 16-65 22-06 6-9 7-56 36-03 10-95 45-59 13-14 15-16 18-4 13-87 22-75 30-66 9-5 11-32 51-69 14-92 Bradford, &c Calne Chippenham Chipping Sodbury . . Devizes Frome Marlborough Melksham S windon Temple Cloud Total 5,125 134 ' 1,025 — 2,878 — — Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 51-25. CIRCUIT No. 10, DISTRICT No. 2, JURISDICTION No. 2. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Average per Day. Admi- ralty. Bank- ruptcy, Admin- istrative, &c. Bridgwater .... 133 33 4 11 11 139 Travelling Courts. Court. No. of Judg- ments, 1872. Days of sitting 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of unde- fended Cases. Aver- age per Day. Total Average Bridgwater Chard 1,046 255 265 120 450 251 486 472 229 12 12 12 6 12 12 11 12 12 209-2 51 53 24 90 50-2 97-2 94-4 45-8 17-43 4-25 4-4 4 7-5 4-18 8-84 7-87 3-81 278-8 91 145 67 150 133-8 2438 202-6 117-2 23-23 7-68 12 11-16 12-5 11-15 22-16 16-88 9-77 40-66 11-83 16-4 15-16 20 15-33 31 24-75 13-58 Langport South Molton Taunton Wellington Wells Weston-super-Mare. Williton Total 3,574 101 714-8 — 1,429-2 — — Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 35-74. CIRCUIT No. 10, DISTRICT No. 2, JURISDICTION No. 3. Principal Local Court. Estimated No. of Common Law Causes. Days available. Common Law. Average per day. Admi- ralty. Bank- ruptcy, Admin- istrative, &c. Bristol 261 33 7-6 11 11 Travelling Courts. Court. No. of Judg- ments, 1872. Days of Sit- ting, 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average. 1 Axbridge 191 7,763 12 100 38-2 1,552-6 3-18 15-52 112-8 3,205-4 9-4 32-05 12-58 47-57 Bristol Total 7,964 112 1,590-8 — 3,318-2 — — Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 79-54. Summary of the District. Principal Local Courts. Estimated No. of Common Law Causes. Days available. Common Law. Admi- ralty. Bankruptcy, Administrative, &c. Bath 209 133 251 44 33 33 11 11 11 11 11 Bridgwater Bristol Total 593 110 22 33 140 Travelling Courts, subordinate to and including No. of Courts. Estimated No. of contested Cases. No. of days required at 20 cases per day. Additional Salary payable to Registrar as Travelling Judge. Bath Bridgwater 11 9 2 1,025 714-8 1,590-8 51-25 35-74 79-54 £ 256-25 178-7 397-7 Bristol Total 22 3,330-6 166-53 832-65 CIRCUIT No. 10, DISTRICT No. 3, JURISDICTION No. 1. Principal Local Court. Estimated No. of Common Law causes. Days available. Common Law. Average per day. Admi- ralty. Bank- ruptcy, Admin- istrative, &c. Exeter 247 33 7-5 11 11 Travelling Courts. Court. No. of Judg- ments, 1872, Davs of sitting 1872. Estima- ted No. of dis- puted cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average Axminster Barnstaple Bideford 318 512 348 232 1,441 118 279 1,006 264 354 168 8 12 12 8 32 6 12 18 6 12 6 63-6 102-4 69-6 46-4 288-2 23-6 55-8 201-2 52-8 70-8 33-6 7-95 8-53 5-8 5-8 9 3-93 4-65 11-18 8-8 5-9 6-6 109-4 169-6 210-4 130-6 640-8 46-4 151-2 533-8 158-2 190-2 64-4 13-67 14-13 17-53 16-32 20 7-73 12-6 29-65 26-36 15-85 10-73 21-62 22-66 23-33 22-12 29 11-66 17-25 40-83 35-16 21-75 17-33 Crediton Exeter Holsworthy Honiton Newton Abbot and Torqiiay Okehampton Tiverton Torrington Total 5,040 132 1,008 — 2,405 — — Number of days required for the Travelling Courts of this jujisdiction, at 20 disputed cases per day — 50'4. 141 CIRCUIT No. 10, DISTRICT No. 3, JURISDICTION No. 2. Principal Local Court, Days available. Estimated No. of I Common .Common Law Causes.; Law Average per Day. Admi- ralty. Bank- ruptcy, Admin- istrative, &c. Plvmouth. 220 33 6-6 11 11 Travelling Cotirts. Court. No. of Judg- ments, 1872. Days of sitting 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of un- defended Cases. Aver- age per Day. Total Average Camelford East Stonehouse Kingsbridge Launceston Liskeard 188 4,151 176 399 675 492 583 6 46 6 10 11 11 11 37-6 830-2 35-2 79-8 115 98-4 116-6 6-25 18-05 5-83 7-98 10-5 8-94 10-6 87-4 1,901-8 81-8 196-2 332 216-6 166-4 14-56 41-34 13-63 19-62 30-2 19-7 15-13 20-81 59-39 19-46 27-6 40-7 28-64 25-73 Tavistock Totnes, &c Total 6,564 101 1,312-8 — 2,982 — — Number of days required for the Travelling Courts of this jiuisdiction, at 20 disputed cases per day — 65-64. CIRCUIT No. 10, DISTRICT No. 3, JURISDICTION No.':3. Principal Local Cotirt. Estimated No. of Common Law Causes. Days available. Common Law. Average Admi- perDay.j ralty. i Bank- ruptcy, Admin- istrative, &c. Truro 130 33 4 11 11 Travelling Courts. Court. No. of Judg- ments, 1872. Days of sitting 1872. Estima- ted No. of dis- puted Cases. Aver- age per Day. Estima- ted No. of tm- defended Cases. Aver- age per Day. Total Average. Bodmin 185 487 227 870 1,201 630 148 783 8 11 11 12 11 12 8 20 37 97-4 45-4 174 240-2 126 29-6 156-6 4-62 8-85 4-13 14-5 21-84 10-5 3-7 7-83 46 154-6 77-6 510 557-8 240 58-4 206-4 5-75 14-05 7-05 42-5 50-7 20 7-3 10-32 10-37 22-9 11-18 57 72-54 30-5 11 18-15 Falmouth Helston Penzance Redruth St. Austell St. Columb Truro Total 4,531 93 906-2 — 1,850-8 — — Number of days required for the Travelling Courts of this jurisdiction, at 20 disputed cases per day — 45-31. 142 Summary of the District. Principal Local Courts. Estimated No. of Common Law Causes. Days available. Common Law. Admi- ralty. Bankruptcy, Administrative, &c. Exeter 247 220 130 33 33 33 11 11 11 11 11 11 Plymouth Truro Total 597 99 33 33 Travelling Coiirts, subordinate to and including No. of Courts. Estimated No. of contested Cases. No. of days required at 20 cases per day. Additional Salary payable to Kegistrar as Travelling Judge. Exeter 11 7 8 1,008 1,312-8 906-2 50-4 65-64 45-31 £ 252 328-2 226-55 Plymouth Truro Total 26 3,227 161-35 806-76 SUMMARY OF THE WHOLE CIRCTJIT. Principal Local Courts. Courts Judges Days available for Common Law. Estima- tedNo.of Common Law Causes. Aver- age per Diem. Admi- ralty Days. Bankruptcy, Administra- tive, &c., Days. District No. 1 . . District No. 2.. District No. 3.. 3 3 3 1 1 1 110 110 99 344 593 597 3 5-4 6 22 22 33 33 33 33 Total .... 9 3 319 1,534 4-8 77 99 Travelling Courts. No. of Courts. No. of Registrar Judges. Days of sitting. District No. I 24 22 26 3 3 3 94-9 166-53 161-35 District No. 2 District No. 3 Total 72 9 422-78 143 APPENDIX D. Part I. — Scheme for the temporary employment of the twenty-seven Judges not made Prmcipal Local Judges, as Judges of the Travelling Courts, showing the estimated No. of days' work to be required from each Judge. Average No. of days' Circuit. Days of Sitting, No. of Judges. work required of each Judge. No. 1. 434-74 3 144-91 „ 4. 578-85 4 144-71 ., 5- 441 -3 L 3 147-1 „ 6. 704-76 5 140-95 ,, 7. 245-42 2 122-71 „ 8. 660-36 4 1659 ,, y. 388-74 3 129-58 „ 10. 422-78 3 140-92 TOTAT 3,876-90 27 143-59 Part II. — Table showing the comparative cost of the Salaries of the present Judges and of the Salaries of the Proposed Principal I^ocal Judges at £2,000-, plus the additional Salaries to Registrars. See text p. 55. Additional Salary payable to Circuit Registrars. Judges' Salaries. Total. Present Cost. District 1. District 2. District 3. £ £ £ £ £ No. 1 879-0 331-55 962-55 6,000 8,173-7 „ 2 1,726-3 847-3 741-15 0,000 9,314-75 Fifty-seven „ 3 1,117 1,123-5 695-25 6,000 8,935-75 Judges of County „ 4 599-4 1,414-5 880-35 6,000 8,894-25 Courts at „ 5 580-9 933-5 692-15 6,000 8,206-55 £1,500 each „ 6 1,496-1 1,184-8 842-9 6,000 9,523 -S without reckoning ,. 7 427-7 388-3 411-1 6,000 7,2-27-1 those paid » 8 798-15 892-4 1,611-25* 6,000 9,301-8 £1,800. „ 9 433 795-7 715 6,000 7, 9-1 3 -7 » 10 474-5 832-65 806-75 6,000 8,113-9 Totals. 8,532-05 8,744-2 8,358-45 00,000 85,035-3 t £85,500 * In the summary of the Travelling Courts at p. 128, for 698-35 read 696-35, and for 1,613-25 read 1,611-25. t There is a trifling error in the figures at p. 31, /./. 37, 42, and p. 62, l-l- 38, 42, but which can easily be corrected by reference to this column. 144 APPENDIX E. N.B. — These forms are only intended as specimens. If would he a mere waste of labour to attempt to 2:>Tepare an exhaustive list. Those jDarts printed in Roman typte are intended to he printed, those in Italics to he filled in in ivriting. SUGGESTED EOEMS OF PEOCEEDINGS. I. Pboceedings before Commissioners to take Admissions. 1.— MEMOEANDUM OF ADMISSION OF A DEBT. In the County Court of Warwickshire, Admission Principal Local Coui't, Warwick, E. 520. ( Abel Jones, creditor, Between -^ and ( William Jenkins, debtor. Be it remembered that on the 10th day of September, A.D. 1877, personally [(or) by Jane his wife, (or) by Isaac Maries, of the City of Coventry, accountant, of whose lawful authority to make this admission I am duly satisfied on oath] came and appeared before me William Jenkins of Kineton, in the County of Warwick, labourer, and acknow- ledged himself to owe to Ahel Jones, of Kineton, aforesaid, grocer, the sum of £5 3s. 6d. for goods sup^jlied to him hy the said Ahel Jones in the ivay of his trade hetween the 5fh day of August and the 25th day of December, 1872, [(or) for the balance of all accounts between them down to and including the 1st day of January last'\ and consented that judgment should be entered against him in the said Court for the pay- ment of the said sum of £5 8s. 6d., together with the sum of .^s. 6d. the costs of taking and recording this admission, making together the sum of £5 8s. Ocl. by eqiial monthly instalments of 4-S., the first of such instalments to be paid on the 1st day of October next, and the sub- sequent instalments on the 1st day of every succeeding calendar month. And also that the said Ahel Jones on the day and year aforesaid, personally came and appeared before me and (or) [by writing under his hand of the genuineness of which I am duly satisfied on oath] [con- sented to accept payment of the said debt by the instalments offered] (or) [alleged that the said debtor was and is well able to pay the -whole of the said debt on or before the 1st day of October next,] (or) [alleged that the said debtor is well able to pay the said debt by instalments of 8s. a month.] Taken before me at Kineton, in the County of Warwick, the day and year first above written. Jonathan Swift, A Commissioner for taking Admissions in the County Court of Warwicksliire. Address of the Creditor — Address of the debtor — Abel Jones, William Jenkins, 116, High Street, Court No. 1, Sheep Street, Kineton. ■ Kineton. 145 Notice to Admitting Debtors. The amount which you have above consented to pay must be paid or transmitted to the Registrar, at the County Court Office, Warwick. If you cannot conveniently attend there you may pay it into any Post Office Savings' Bank to the credit of " The Registrar, County Court Office, Warwick," or into any post office at which money orders are issued, and in either case the Postmaster is authorised to give you a receipt. But whenever you make any payment in this proceeding anywhere YOU MUST BRING THIS PAPER WITH YOU TO BE RECEIPTED, otherwise your money will not be received, and you will be liable to have your goods seized, and will be put to much other trouble and expense. Office hours, &c., &c. Amount of Debt and Costs. £5 8s. Od. Payable by instalments of 4s. 071 the 1st day of every calendar month, beginning with the \st October, 1877. Date of Receipt and Stamp of Receivinor Officer. 2.— NOTICE BY REGISTRAR TO DEBTOR WHERE THE CREDITOR APPEARS BEFORE THE COMMISSIONER AND OBJECTS TO ACCEPT PAYMENT BY THE INSTALMENTS OFFERED BY THE DEBTOR. In the County Court of Warwickshire, Admission Principal Local Court, Warwick. E. 520. [ Abel Jones, creditor. Between < and ( William Jenkins, debtor. Debt and costs — £5 8s. Od. Debtor's offer — ^. a month. To the admitting Debtor. Take notice that your above-named creditor refuses to accept pay- ment of the above-mentioned debt by the instalments which you offer and requires that you should be ordered to pay the same \on or before the 1st dmj of October next^ (or) [by instalments of 8s. a month, beginning on the 1st day of October next.] If you have any cause to show why you should not pay your debt in the manner and at the time required by your creditor, you must send to me by post, addressed to " The Registrar, County Court Office, Warwick," prepaid, an affidavit stating the following matters — 1. Your age. 2. Whether you arc married, and if married, what number of children you have dependent on you for support. 146 3. What is your profession, trade, or employment, and what your usual earnings thereat. 4. "Whether you have any property of any description hesides the clothes of yourself and family, the tools of your trade, and the furniture of your house, and if you have what it is, and whether suhject to any charge. 5. Any special reasons you may have for ohjecting to pay in the manner required hy your creditor. Forms of affidavit may he had at any post office or at the office of any Commissioner for taking Acknowledgments in the County Court (price Id.), and may he sworn hefore any Magistrate or any Commissioner for taking Affidavits in the High Court of Justice, or Admissions in any County Court. If you do not swear and forward the required affidavit, an order will he made on you for the payment of [the sum of £5 8s. Od. on or before the 1st day of October next] (or) [of the above amount by instalments of 8s. a month beginning on the 1st October next.] Dated, &c. Yours &c. ' B.''CAMPBELL, Registrar. Hours of attendance, &c., &c. 3.— FOEM OF AFFIDAVIT BY DEBTOR. In the County Court of Warwickshire, Admission Principal Local Court, War-\vick. E. 520. ( Abel Jones, creditor. Between I and ( William Jenkins, dehtor, I, William Jenkins, the ahove-named dehtor, make oath and say as follows : — 1. I am 50 years old. 2. I am a married man and have Jive children dependent on me for support. 3. I am by profession, trade, or employment, wagoner to Mr. Court, of Groves End, Kineton. 4. My usual earnings are 16s. a weelc. 5. I have no property of any description except the clothes of myself and family, my tools, and the furniture of my house, and nothing else. 6. I object to pay in the manner required by my creditor for the special reason following, that is to say. That I have been laid up for several weeks in the summer icith typhus 147 fever, and lost my harvest, and that my tuife is now ill ivith typhus fever. Tlie mark of Sworn by the above-named deponent X before me who am satisfied that he William Jenkins. understands the contents of this affidavit this 14-th day of September, 1S77, at Kineton, in the County of Wanoick. Alfred Delamere, Justice of the Peace for the County of Wanoick. !N".B. — The Commissioner or Magistrate taking this affidavit must satisfy himself that the deponent clearly understands its contents. He should refuse to swear the deponent if it is so filled up as to be unintelligible, or if the distinguishing letter and number are omitted. 4.— AFFIDAVIT BY AGENT 0^ BEHALF OF DEBTOE. (This would be the same mutatis mutandis as Form 3. 5.— NOTICE OF AFFIDAVIT TO BE SENT BY EEGISTEAE TO CEEDITOE. In the County Court of "Warwickshire, Admission Principal Local Court, Warwick, E, 520. ( Abel Jones, creditor, Between < and ( William Jenkins, debtor. To the above-named creditor. Take notice that the above-named debtor has filed an affidavit that he is a married man ivith five children dependent on him, that he is wagoner to Mr. Court, of Grove's End, Kineton, at 16s. a loeek, and has no property except his clothes, tools, and furniture, and objects to pay his debt in the manner required by you on the ground that he has been laid up) for several weeks in the summer ivith typhus fever of which his wife is now ill. Unless you post prepaid addressed to the Eegistrar, County Court Office, Warwick, on or before the 17th didij oi September next, a statement signed by you and showing some good cause to the contrary, an order will be made on the debtor to pay you the sum of £5 8s. Od. by equal monthly instalments of 4s., begin7iing on the 1st day of October now next. Your statement must be legibly marked with the word, letter, and number, " Admission E. 620," or it wiU not be attended to. — Dated, &c. Yours, &c., B. CAMPBELL, Eegistrar. Hours of attendance, &c. 148 6.— STATEMENT OF CREDITOE IN REPLY. Admission E. 520. Sir, 16th September, 1877. It's all a lie about Jenkins having the fever ; and I don't believe he has a child at home. I loon't take less than 8s. a month. Your obedient servant, Abel Jones. 7.— NOTICE OF ADMITTING DEBTOR TO ATTEND AND BE EXAMINED AS TO HIS MEANS OF PAYMENT. In the County Court of Warwickshire, Admission Principal Local Court, Warwick. E. 520. i Abel Jones, creditor, Between