No. 345. 33 VICTORIA, to be repealed, shall be and the same are hereby repealed from the day of the coming into operation of this Act. But nothing herein contained shall affect any act suit or proceeding lawfully taken done or commenced under the said Acts or either of them before the commencement of this Act, and the same shall severally be as valid and may be taken continued and enforced as if they had been commenced under the authority of this Act against all persons liable thereto. The several persons who at the time of the commencement of this Act shall hold the office of county court judges shall be and be deemed to be the first judges of the county courts holden under this Act and shall continue to be the judges under and subject_to this Act. All county courts created, and all clerks bailiffs assistants officers and deputies appointed, and all bonds instruments policies and other securities given, and all acts directions orders rules and regulations made under the authority of either of the said repealed Acts before the coming into operation of this Act, shall be deemed to have been created appointed given and made respectively under this Act; but the said clerks shall be henceforth called registrars or assistant registrars, and the provisions of any Act not hereby or otherwise repealed conferring any jurisdiction or imposing any duty upon or otherwise relating to any county court or any judge thereof or any clerk of such court existing before the passing of this Act, shall apply to the county courts and judges and registrars established and appointed under this Act. Establishment of county courts. 9 & 10 Vict. c. 95 s. 2. Repealed by 36 Establishment of County Courts. 3. It shall be lawful for the Governor in Council to direct that county courts shall be holden for the determination of certain actions Vict. No. 427 8.2, cognizable by courts of common law and with a limited jurisdiction in equity, [probate, and administration] under this Act, and with the advice aforesaid to alter the place of holding any such court or to direct that the holding of any such court be discontinued, and from time to time with the advice aforesaid to direct in what towns and places a county court shall be holden. (Deceased Persons' Estates)," ante, p. 17. Seal of court. Limits of the jurisdiction. Ib. s. 60. 30 & 31 Vict. c. 142 s. 1. 4. For every court holden under this Act there shall be made a seal of the court, and all summonses and other process issuing out of the said court shall be sealed or stamped with the seal of the court. 5. For the purpose of obviating the technical difficulties which arise from the local jurisdiction of inferior courts, every county court shall have jurisdiction throughout the whole of Victoria; and there shall be a judge for each such court; and such courts may be holden simultaneously in all or any of such towns and places aforesaid, and shall be respectively courts of record: but if on the trial of any plaint entered under Part II. of this Act, save as hereinafter is provided, in any such court it shall appear that at the time of the commencement of the suit the defendant or one of the defendants did not reside or carry on business, and that the cause of action or suit did not arise either wholly or in some material point) within (a) Under the corresponding section 3 of 21 Vict. No. 29, it was decided that where a defendant, in Sandhurst, ordered goods of the plaintiffs, in Melbourne, "to be forwarded by a carrier to the defendant, at Sandhurst," and the plaintiffs delivered the goods in Melbourne to a carrier, to be taken to the defendant, at Sandhurst, that the cause of action did arise "in some material No. 345. one hundred miles of the court in which such plaint was entered, or 33 VICTORIA, that some other court under this Act had been at that time created at some place nearer by at least ten miles to the places of abode and business of the defendant than the said first-mentioned court, and that the cause of action did not arise either wholly or in some material point nearer to the court in which such plaint was entered than the said other court, the plaintiff shall be nonsuit unless the defendant shall forego his right to such nonsuit.(a) c. 108 s. 22. 6. If a judge of a county court shall be satisfied by either party venue may be to a cause suit matter or proceeding pending in his court in any changed. branch of its jurisdiction that such cause suit matter or proceeding can be more conveniently or fairly tried in some other county court, he shall at any stage of the proceedings whether before or during 19 & 20 Vict. the trial or hearing order that such cause suit matter or proceeding be sent for trial or hearing to such other county court; or if the judge or any official of the court shall be interested in the subiect matter of any cause suit matter or proceeding pending in his court, he shall in like manner at his discretion order that such cause suit matter or proceeding be sent for hearing to some convenient county court of which he is not the judge; and in either case the registrar of the court in which the plaint was entered shall forthwith transmit by post to the registrar of the court to which such cause suit matter or proceeding is to be sent a certified copy of the plaint as entered in the plaint book, a duplicate copy of the summons and particulars or statement petition or proceeding as the case may be, and a certified copy of the order for changing the venue; and the judge of such lastmentioned court shall appoint a day for the hearing, notice whereof shall be sent by post or otherwise by the registrar to both parties. Time and Place for Holding Court and Contempt of Court. court where sitting. 7. The judge of each county court shall attend and hold such Judge to hold court at the place where the Governor in Council shall have directed directed and that such court shall be holden at such times as such judge shall appoint days of appoint for that purpose, so that a court shall be holden in such 9 & 10 Vict. place once at least in such interval as the Governor in Council shall c. 95 s. 56. in each case direct; and notice of the days on which the court will be holden shall be published in the Government Gazette and be put up in some conspicuous place in the court house and in the office of the registrar of the court, and no other notice thereof shall be needed; and whenever any day so appointed for holding the court shall be altered, notice of such intended alteration and of the time when it will point" nearer to the county court at Melbourne than to the county court at Sandhurst, and that the defendant might be sued at Melbourne.Flower v. Jackson, 1 W. & W. (L.), 42. (a) A person residing in Melbourne ordered goods from a manufacturer in Germany. The goods were sent from Rotterdam, under bill of lading in favour of the purchaser, to Melbourne. The purchaser paid part of the price, and the vendor sued the purchaser for the balance of the price in the county court in Melbourne. that the county court had no jurisdiction; for that the delivery to the carrier at Rotterdam was a delivery to the purchaser, and that the contract VOL. I. Held, was entered into in Germany. - Chapman v. Scheidmayer, 1 A.J.R., 115. The defendant was sued in the county court, on a judgment recovered against him in New South Wales. It was proved that, at the time of the commencement of the suit, defendant resided in Melbourne, and that the debt was still due. It was decided that the county courts were courts of lesser jurisdiction, and that as it could not be shown that the cause of action sued on accrued within the jurisdiction of the Melbourne county court, the defendant was entitled to a verdict.-Greville v. Smith, N.C., 67. 2 E 33 VICTORIA, take effect shall be published in the manner aforesaid and be affixed No. 345. in some conspicuous place in the court house and in the office of the registrar: Provided that if the judge shall not arrive at the court house before one o'clock in the afternoon of any day upon which the holding of such court shall have been fixed the registrar shall open such court and adjourn the same to the following day or to such other day as he shall be directed by the judge either by order under his hand or by telegram. Contempt of court. s. 113. 8. If any person shall wilfully insult the judge or any juror or 9 & 10 Vict. c. 95 any registrar bailiff clerk or officer of any county court during his sitting or attendance in court, or the judge in going to or returning from court, or shall wilfully interrupt the proceedings of such court, or being summoned or examined as a witness in any suit in any such court shall refuse to be sworn or to answer any lawful question, or shall in the opinion of the judge of such court be guilty of wilful prevarication, or if any person shall misbehave in court in any manner, it shall be lawful for the judge of such court to direct the apprehension of any such person, and if he shall think fit to commit any such offender to prison for any time not exceeding one month, or to impose on any such offender a fine not exceeding ten pounds for every such offence, and in default of immediate payment thereof to commit the offender as aforesaid for any time not exceeding one month to gaol unless the said fine be sooner paid; and in either of Second Schedule. the cases aforesaid an order in the form contained in the Second Appointment and qualification of judges. Ib. ss. 9 & 16. Judges of county courts (except of Court) to be judges of the court Vict. No. 379 s. 9, "Insolvency," Schedule to this Act or to the like effect shall and may be issued by such judge, and shall be good and valid in law without any other order summons or adjudication whatsoever. Judges. 9. The Governor in Council shall appoint as many fit persons as are needed to be judges of county courts under this Act, each of whom shall be a barrister-at-law of Victoria and shall have practised as an advocate or barrister either in England Ireland Scotland Melbourne County Victoria or any of them for such period as shall make an aggregate of seven years;[and every such person may be appointed by one of insolvency, 34 commission for several courts or by several commissions for each or any number of such courts; and from time to time when any judge appointed under this Act shall be transferred die resign or be removed, another judge may be appointed in his stead: Provided always that no more than nine such persons shall hold the office of judge of a County Court under this Act unless addresses praying for a greater number and specifying such number shall from time to time be presented to the Governor by the Legislative Council and Legislative Assembly. post. Judges not to Parliament. 10. No judge appointed under this Act shall during his conpractise or sit in tinuance in such office practise as a barrister-at-law or conveyancer, 9 & 10 Vict. c. 95 or be capable of being elected or of sitting as a member of the Legislative Council or Legislative Assembly. s. 17. Retiring allow 11. Every judge who shall have become incapable of performing ances to judges. the duties of his office by reason of any permanent infirmity, or who shall have served as judge for the period of fifteen years, or who being of the age of sixty-five years shall have served as judge for 19 Vict. s. 49. the period of ten years, may be allowed to retire from such judge- 33 VICTORIA, ship on a retiring allowance of one-half of the salary of such judge No. 345. at the time of his retirement; and the retiring allowance of every 15 & 16 Viet. e. judge so retiring shall be paid to him every year by equal quarterly 54 s. 15; and ride payments during the natural life of such judge and his residence in reed_556 Victoria out of the consolidated revenue of the Colony of Victoria under the authority of this Act, in discharge of warrants to the Treasurer of the colony under the hand of the Governor: Provided 556 that the Governor in Council may from time to time and at all times. allow such judge to reside elsewhere than in Victoria for any period not exceeding two years and from time to time renew such permission. judicial offices to consideration as 12. The period (if any) during which any such judge may have The period of served as judge in any of the superior courts, or as chief commissioner service in other of insolvent estates, or as judge or deputy judge of any county court be taken into or court of mines, or chairman of general sessions, or substitute portion of judge's thereof under any law heretofore or hereafter to be in force shall be 30 & 31 Vict. taken into consideration as portion of the service of such judge of c. 129 s. 29. county court. service. 13. It shall be lawful for the Governor in Council from time to The duties of time to redistribute the duties of the county court judges or any judges may be of redistributed and them amongst themselves and to appoint any judge of a county number of courts court to be judge of any new or additional county court that may 21 & 22 Vict. from time to time be created under the provisions hereinbefore c. 74 s. 1. contained. may be increased. instead 14. Whenever a judge shall be transferred die resign or be Power and authoremoved, and the Governor in Council shall appoint another judge in appointed inst his stead or place, such last-mentioned person shall on entering upon of another judge. the duties of his judgeship have and may execute all the powers and authority which the judge so transferred dead resigned or removed could and might have performed and executed as if no such transfer death resignation or removal had taken place. c. 95 s. 20. 15. In case of illness or absence on leave it shall be lawful for Deputy judge. the Governor in Council to appoint some other person, who shall be 9 & 10 Vict. a judge appointed under this Act or who shall be qualified as aforesaid, to act as the deputy of any judge appointed to hold any county court during such illness or absence; and it shall also be lawful for the Governor in Council to appoint a deputy, who shall be a judge appointed under this Act or who shall be qualified as aforesaid, to act for any such judge for any time; and every deputy so appointed during the time for which he shall be so appointed shall have all the powers and privileges and perform all the duties of the judge for whom he shall have been so appointed. Registrar. court. 16. For every county court there shall be one or more registrars; Appointment of and in any case in which it shall appear to be expedient it shall be registrars of lawful to appoint two or more persons to perform the duties of Ib. ss. 24 & 25. registrar, or to appoint one of such persons as registrar and the other or others as assistant registrar or registrars, under such regulations as to the division and performance of the duties as shall be from time to time made by order of the judge or as may be made by the general rules to be framed under this Act. 33 VICTORIA, No. 345. 9 & 10 Vict. c. 95 s. 26. 17. It shall be lawful for the registrar of any such court with the approval of the judge, or in case of inability of the registrar to Deputy registrar. make such appointment, for the judge to appoint from time to time a deputy to act for such registrar of the said court at any time when he shall be prevented by illness or unavoidable absence from acting in such office and to remove such deputy at his pleasure; and such deputy while acting under such appointment shall have the like powers and privileges and be subject to the like provisions duties and penalties for misbehaviour as if he were the registrar of the said court for the time being. Governor in Council to appoint assistant registrars at other places. Return of process to be forwarded to registrar of courts. Plaints summon ses &c. issued to and judges or court to have same powers &c. issued by regis as if process 18. It shall be lawful for the Governor in Council to appoint an assistant registrar to act at any place although the same shall not be a place at which a county court is holden; and such assistant registrar shall enter plaints and other process, and issue plaints summonses and all other process and proceedings returnable at such place or places at which a county court is holden as the Governor in Council shall direct; and all persons so appointed shall have the same powers and privileges and be subject to the same general provisions duties and penalties for misbehaviour as registrars of county courts appointed under this Act. 19. Such assistant registrar shall, within eight days before any plaint summons shall be returnable, forward to the registrar of the court at which the same are returnable a list arranged numerically and in order of date of all plaints entered and of all plaint summonses issued by him together with certified copies of such plaint summonses, and which plaint summonses shall have written or printed upon them the name of the place at which the same are issued and of the place at which the same are returnable, and which last-named place shall be deemed to be the county court in which the action or suit is depending; and all process whatever in such action or suit may be issued either by the registrar or assistant registrar, and such assistant registrar shall also, so frequently as shall be directed by the rules of court to be passed as herein prowided, forward lists and certified copies of all other processes or proceedings entered or issued by him to the said registrar. 20. All plaints plaint summonses and other process and probe as effective ceedings entered and issued under the last two preceding sections shall be as effective, and the judges before whom or the court before which the same are made returnable shall have the same powers jurisdiction and authority to hear and determine the several actions and proceedings in or with reference to which the same shall have been entered or issued as though such plaint plaint summonses process or proceedings had been entered or issued by the registrar of any county court under the provisions of this Act. trar of court. Registrar of court to enter plaint summons &c. 21. The registrar of the court at which any such plaint summons or other process are made returnable shall enter the same in the cause list for hearing before the court or the judge at the place scribed by rules. at which the same are returnable in such order and in such manner as shall be prescribed by the rules to be made as hereinafter provided. in cause list in the order pre Duties of registrar. 22. The registrar or deputy-registrar of each court and such assistant registrars as aforesaid in cases requiring the same shall |