CHAP. XXXIX MINING OFFICIALS 347 must be balanced to the 30th September in each year, and after being audited in the presence of the parties interested, must be published and lie open for inspection.1 As finally settled, they are passed by the council at its ordinary meeting, on which occasion ratepayers and creditors of the municipality are entitled to be present, but not to take part in the proceedings. Upon the request of 20 ratepayers, accompanied by a deposit of £50, the Governor in Council may direct a "special audit" by specially appointed auditors. Such special auditors report to the Minister, and if their report is unfavourable, the specified items may be disallowed with costs out of the municipal fund.3 2 With regard to mining officials there is not very much to be said. The Governor in Council is empowered to appoint such officers and for such districts and divisions as he shall think fit, for the making of inspections and surveys and registration of claims and mines, and for such other purposes as may be required. Under this authority, the following officials are usually appointed for a mining district. 5 9 11 1. The WARDEN, who is the executive head of the district, and also acts in many cases in a judicial capacity. He receives and decides upon the due formalities of applications for mining leases and licences, and hears objections to their reception, he appoints persons to assist him as assessors in his judicial capacity, inspects disputed "claims,' ,"8 authorises entry on claims to view alleged encroachments, conducts the inquiries necessary before a lease of mining rights is granted over private property, 10 and orders contributions towards the cost of pumping machinery by the owners of claims benefited thereby. In his judicial capacity he has a general jurisdiction to hear such matters as are cognisable by the Court of Mines of his district, as well as claims to the possession of Crown land under a licence, and debts alleged to be due under mining partnerships or under the provisions of the Mines Act 1890 (where no other remedy is provided).12 He may also grant injunctions in cases of urgent necessity,13 and for disobedience to his orders (other than for payment of money) he may commit to prison.14 But his jurisdiction in debt or contract is limited to £100,15 and an appeal in most cases lies from his decision to the Court of Mines of the district. When either of the parties demands it, or the warden himself thinks it expedient, he is assisted by four expert assessors.2 2. The WARDEN'S CLERK, who acts as the warden's representative in formal business.3 3. The MINING REGISTRAR, who acts under the direction of the Mines Department in the compiling of information and supply of statistics, and under the by-laws of the Board of the District in the registration of claims, residence areas, and other particulars of the mining industry.* 4. The MINING SURVEYOR, who is not exclusively occupied in official business, but who, under the direction of the Mines Department and the District Boards, does certain surveying work for which he is entitled to certain fees.5 For example, he makes a survey whenever an application is made for permission to mine on private property. 5. The INSPECTOR OF MINES, who, when authorised by the Minister or by a police magistrate, or upon the complaint of a miner working therein, must inspect any mine, together with its machinery, to see that the provisions of the Mines Act relative to the safety of miners are being complied with. Moreover, the mining manager of any mine in which an accident attended with serious injury to any person has happened, must give notice to the local inspector within twenty-four hours, under penalty of a fine of £50.8 Besides these officials appointed by the Governor in Council, every Mining Board is entitled to appoint such officials for the inspection of channels, enforcement of by-laws, and collection of rates as it may think fit. But, as a matter of fact, this power is very rarely, if ever, acted upon.1 1 Mines Act 1890, § 254. 10 5 Schedule 33, Appendix B. $ 220. 4 Cf. e.g. § 32. 6 Schedule 33, Regs. 6-10. 8 § 370, 376. 9 $ 109. 7 § 367. 10 For many of the details in the last part of this chapter, which it is almost impossible to obtain from documentary sources, I am indebted to the kindness of A. W. Howitt, Esq., F.R. S., Secretary for Mines in the colony of Victoria. 3. JUDICIARY CHAPTER XL COUNTY COURTS IN examining the local administration of justice, we shall have to discuss three items,-county courts, magistrates' courts, and courts of mines. We will begin with county courts, but we shall see ultimately that there is a substantial connection between all three. County courts are the modern successors of the old Courts of Requests, established for the decision of small civil cases, principally relating to recovery of debts. We have seen these introduced into New South Wales proper, and their extension to Port Phillip.1 Soon after separation, they were abolished to make way for the new system, which has been since amplified in many directions.3 County courts are from time to time established and held at places proclaimed by the Governor in Council. Strictly speaking, each court has jurisdiction throughout the whole of Victoria; but if, on the hearing of a common law plaint, it appears that the defendant does not reside, and that the cause of action did not arise within 100 miles of the court, or that the defendant resides at least 10 miles nearer to some other court (the cause of action not arising nearer the court chosen than such other court), the defendant is entitled, as a matter of right, to a non-suit.5 1 Ante, p. 30. 2 By 16 Vic. No. 11. 3 Cf. e.g. 21 Vic. No. 29, 28 Vic. No. 261 ("County Courts Statute 1865") 33 Vic. No. 345 ("County Courts Statute 1869"), 40 Vic. No. 556, 50 Vic. No. 907, 51 Vic. No. 942, etc. County Court Act, 1890, §§ 3 and 7. 5 § 5. 4 Not more than nine barristers or advocates of seven years' practice may be appointed by the Governor in Council to be judges of county courts in Victoria.1 Such judges hold office during good behaviour. The Governor may remove them for absence from Victoria without leave, for incapacity, and upon the Address of both Houses of the Legislature. Each judge presides over such courts as may be assigned to him by the Governor in Council, but his jurisdiction runs throughout the colony. A county court judge may not practise at the bar, nor sit in Parliament, and he may be compelled to reside within his district." 8 In addition to the judge, there are appointed for each county court one or more registrars, who may appoint deputies to act for them in cases of emergency, and one or more bailiffs (removable by the judge for inability or misbehaviour), with power to appoint assistants by writing under their hands. The registrar's duties are, briefly, to conduct the administrative business of the court, especially the proceedings prior to the hearing. He issues and receives all process, decides on points of practice, administers oaths, receives fees and other monies, prepares lists of causes for trial, and registers orders and judgments. Assistant registrars may be appointed at places at which no courts are held, to conduct preliminary process." The duties of the bailiff are, briefly, to execute the process of the court, by serving notices and summonses, enforcing warrants, and levying executions. Officers of the court must not be concerned for any party in any proceeding before it, and registrars and bailiffs must not perform one another's duties.10 Both registrar and bailiff give security for the due performance of their functions." Any registrar, assistant, or deputy proceeded against for any act done in obedience to a warrant issued by him may plead the warrant and the judgment upon which it is founded as a justification; in similar cases, the bailiff or his servants may justify under the warrant alone.12 And all actions brought against any person for anything done under 3 § 12. 1 County Court Act 1890, § 9. 2 $ 10. 4 § 14. There seems to be no restriction upon his accepting any other office. He is not within the provisions of the Public Service Act (see Public Service Act CHAP. XL JURISDICTION OF COUNTY COURTS 351 the County Court Act must be commenced within six calendar months after the commission of the act complained of.1 All constables and police officers must aid in the execution of county court process.2 Subject to the limits of locality previously mentioned, the jurisdiction of a county court extends to the following cases— 1. All personal actions where the amount, value, or damages sought to be recovered do not exceed £500.3 2. All actions of replevin where the goods seized do not exceed in value £500. (The action must be brought in the court nearest to which the goods are situate.) 4 3. All actions of ejectment in which the value of the premises, the possession whereof is sought to be recovered, does not exceed £50 a year, or where the rent (exclusive of ground rent) does not exceed that sum.5 4. All suits for account, administration, execution of trusts, foreclosure or redemption of mortgages, specific performance of agreements for sale, purchase, or lease, appointment of guardians to or maintenance or advancement of infants, and dissolution or winding up of partnerships or companies, where the property in question does not exceed in amount or value the sum of £500.6 5. All such actions of tort as may be remitted by the Supreme Court upon the affidavit of the defendant that the plaintiff has no visible means of support.7 But no county court may try any action for— 1. Seduction, 2. Breach of promise of marriage, 3. Decision of title to a toll, fair, or franchise, unless 1. The parties have consented in writing to the jurisdiction, or The Supreme Court has power, within certain limits, to order a transfer from the county court to the Supreme Court, in cases where it shall consider the latter the preferable tribunal.10 A judgment in the county court is enforceable by execution against the goods of the judgment debtor," by attachment of debts due to him, and by charge on stock or shares standing in his name, of which he is beneficial owner, and even by 1 County Court Act 1890, § 41. 2 § 43. 3 § 48. 4 § 118. 5 § 119. 6 § 121. The court has power to entertain proceedings for injunction in all cases otherwise falling within its jurisdiction. 8 § 48. 11 £10.) 9 § 51. 7 § 51. 10 §§ 52 and 123. § 99. (There is a reservation of wearing apparel and tools of trade up to |