Page:The Strand Magazine (Volume 1).djvu/530

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THE STATE OF THE LAW COURTS.
533

popular of all legal tribunals. It is, in fact, the oldest of our Courts, having been instituted, according to Blackstone, by Alfred the Great. Mr. Pitt Lewis, in his most valuable work on County Court practice, remarks that the origin of the County Court is to be traced in the Folkmote, the gathering of the people, of Anglo-Saxon times. Hallam, in his "Middle Ages," describes it as the "great constitutional judicature in all questions of civil rights," and states that to it an English freeman chiefly looked for the maintenance of those rights.


Solicitor and Client.

The Court was, at the time referred to, an assembly of the freemen of a county, presided over by the Bishop and the ealderman of a shire; "the one to teach the laws of God, and the other the law of the land." The actual judges, however, were the freemen themselves. The ancient functions of the County Court comprised the election of knights of the shire, the election of coroners, proclamations of outlawry, and "consultation and direction concerning the ordering of the county for the safety and peace thereof." It exercised jurisdiction in ecclesiastical suits, and appellate jurisdiction in certain criminal cases; it was empowered to try all civil cases where the amount in dispute did not exceed forty shillings (a large sum in those days), and by special authority, all personal actions to any amount. It will thus be seen that in old times the County Court possessed all the elements of a popular institution. It flourished for many centuries in full vigour, and to such a degree had it gained the confidence of the public that it practically exercised civil jurisdiction to the exclusion of all other courts.

Of course it was hardly to be expected that our ancestral law-makers would allow such a satisfactory state of things to continue, and in the reign of Henry I. it was virtually "improved" away by the establishment of itinerant justices, the predecessors of our present judges of assize. It appears, however, that the new arrangement did not work very well. There were numerous complaints of delay and expense that prevented suitors from obtaining justice. So, to meet this difficulty, James I. established the "Courts of Requests" throughout the country, with a limited jurisdiction, and it was not until the year 1846 that these Courts were abolished, and that the County Court was established in its present form.

The modern County Court is, as may be imagined, a very different affair from its predecessors. While retaining part of its ancient jurisdiction in common law, its powers have been altered and extended to such a degree, that they now cover a vast field of contentious matter.

It has jurisdiction in all actions of contract for less than £50, and in all actions for wrongs where the mount claimed does not exceed £50. To this general rule, however, there are many exceptions, with which it is unnecessary to trouble the reader.

The County Court also has a limited equity jurisdiction, and powers have been conferred upon it in many other matters. These include actions of contract remitted from the High Court up to £100, and actions for damages to any amount in respect of wrongs may likewise be remitted, when the defendant, if unsuccessful, is unlikely to be able to pay the plaintiff's costs. Cases to the amount of £1,000 are remitted to it from the Court of Admiralty, besides