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The Pamphlet Collection of Sir Robert Stout: Volume 47

County Courts

County Courts.

Chap. 9.—A County Court judge may hold chambers at any convenient place in the page 112 assize town where he resides. Criminal appeals from Magistrates and Municipal Courts go to the County Courts. When a judge orders a jury trial, he may postpone the case to any day thereafter. And he may order a re-trial by jury of any case heard before him at any time before he gives judgment. Fees are to be as in like causes in the Supreme Court. He may grant rules nisi, to revise and set aside his. judgments on points of law, or on non-suit or on arrest of judgment or Judgment non obstante,— an appeal lying from his Judgment thereon, as from the former Judgment in causes over $40. He may in his discretion set aside the finding of a jury, as in the Supreme Court. Jurisdiction is given in replevin cases up to 400. Writs of certiorari may issue to the County Court as to the Supreme Court. No rule for an appeal shall stay proceedings, unless it so orders or security for the judgment is put in. The appeal to the Supreme Court goes when the sum actually in dispute is over $40, whatever the judgment. And the judge may grant an appeal from his judgment on a point of law in a cause for a less amount The Supreme Court or a Judge thereof quashes the appeal for non-entry for argument. The 25 cts. Jury fee on issue of writ is abolished in cases under $80. Causes out of the Supreme Court from any district left to reference, may be referred to the County Court judge. The Clerk of the County where the judge resides, keeps a separate register of his Judgments in the other counties and transmits to the County Clerks, authentic copies for entry by them. Sheriff's fees, computed from the office of the clerk issuing the process, are as in the Supreme Courts.