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21 June 1830.
ABSTRACT
OF
BILL
[AS AMENDED BY THE COMMITTEE]
For establishing Courts of Local Jurisdiction.
ALTHOUGH the BILL only provides for two Courts, one for
Kent, and one for Durham and Northumberland, its provisions
may be extended to the other Counties of England and Wales, as soon
as it can be ascertained how large each juridical district should be.
The object of the Bill being to afford the means of trying Causes at
as little expense and with as little delay and inconvenience as possible
to the Suitors, District Courts are established under the revision
of Superior Courts in most cases.
The Judge of each District is called the Judge in Ordinary ; and he
has a Registrar, with a Clerk, Crier, Usher, and Messenger. The
Judge must be a Serjeant or a Barrister of ten years standing. He
and the Registrar are appointed by the Crown ; the Clerk by the
Registrar ; and the other Officers by the Judge.
The Judge, Registrar, and Clerk are paid partly by salary and
partly by a proportion of the fees collected on the business done ;
but those fees do not depend upon the number of steps or the length
of the procedure in any case ; they depend only on the number and
value of the Causes. The Crier is paid by salary; and the Usher and
Messengers by salary, and fixed fees on the service of process. Extra
Messengers are to be appointed, when necessary, from the Sheriffs'
Bailiffs, and these are to be paid by fees on the service of process.
The constitution of the Court is laid down in the first Twelve Sections,
and rules of practice are to be laid down by the Judges of
the Courts of Westminster Hall, Section 106.
The Court thus established has six branches of jurisdiction, three
compulsory, and three voluntary or prorogated. The Compulsory
jurisdiction is in certain Actions—in small Debts—and in Legacies ;
the Voluntary, in all Actions,—in Arbitration,—and in Reconcilement.
The Court is to sit once a month at least, except in August, and in
different parts of the district.
569 A The
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[[titles::abstract of bill / [as amended by the committee] / for establishing courts of local jurisdiction]] |
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