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" Provided always that the court shall not have cognizance of any action of ejectment, or in which the title to any corporeal or incorporeal hereditaments, or to any toll, fair, market, or franchise, shall be in question... "
The Law Magazine and Law Review: Or, Quarterly Journal of Jurisprudence - Page 313
1867
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The Law Times, Volume 17

Law - 1831 - 600 pages
...turns on the word " toll." The 58th section of 9 & 10 Viet. c. 95, contains a proviso that the County Court " shall not have cognizance of any action of...corporeal or incorporeal hereditaments, or to any loll, fair, market, or franchise shall be in question. [WILLIAMS, J. — Whv did you not come to the...
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The Law Magazine, Or, Quarterly Review of Jurisprudence

Law - 1844 - 530 pages
...said court shall be heard and determined in a summary way, according to the provisions of this act: provided always, that the court shall not have cognizance of any action in which the title to any corporeal or incorporeal hereditaments, or to any toll, fair, market or franchise,...
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Parliamentary Papers, Volume 4

Great Britain. Parliament. House of Commons - Great Britain - 1846 - 616 pages
...sumO mary way, in a Court constituted under this Act, and according to the provisions of this Act : Provided always, That the Court shall not have cognizance of any action in which the title to any corporeal or incorporeal hereditaments, or to any toll, fair, market or franchise,...
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The Legal Observer, Digest, and Journal of Jurisprudence, Volume 34

Law - 1847 - 650 pages
...though it will have the power, will not be called the County Court, but retain its ancient name. Y 2 the title to any corporeal or incorporeal hereditaments, or to any toll, fair, market, or fran abite shiill be in question, or in which the validity of any devise, bequest, or limitation under...
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The Practice of the New County Courts: With Forms, and an Appendix ...

John Frederick Archbold - Civil procedure - 1847 - 314 pages
...such action of replevin. shall declare to the court in which such action shall be brought — that the title to any corporeal or incorporeal hereditaments, or to any toll, market, fair or franchise is in question, — or that the rent or damage in respect of which the distress...
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The Legal Observer, Digest, and Journal of Jurisprudence, Volume 35

Law - 1848 - 638 pages
...them. The 58th section expressly provides, that " the court shall not have cognizance of any action in ejectment, or in which the title to any corporeal or incorporeal hereditaments, or any toll, fair, market, or franchise, shall be in question ; or in which the validity of any devise,...
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Reports of Cases Argued and Determined in the Queen's Bench ..., Volume 5

Alfred Septimus Dowling, Great Britain. Bail Court, John James Lowndes - Civil procedure - 1849 - 868 pages
...shew cause. The 58th section, which defines the general jurisdiction of the Court, expressly provides, "that the Court shall not have cognizance of any action...title to any corporeal or incorporeal hereditaments," &c. "shall be in question." The act must be so construed as to make all the sections consistent Now...
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Reports of Cases Argued and Determined in the Queen's ..., Part 145, Volume 5

Great Britain. Bail Court - Civil procedure - 1849 - 876 pages
...of action arose, within the district over which the said Court had and still has jurisdiction. That the title to any corporeal or incorporeal hereditaments, or to any toll, fair, market, or franchise, was not involved in the question ; nor was the validity of any demise, bequest, or limitation under...
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The Law Students Magazine, Volume 1

1849 - 734 pages
...the 58th sect, of the 9 & 10 Viet., c. 95, which enacts that " the court shall not have cognisance of any action of ejectment, or in which, the title to any corporeal or incorporeal hereditaments" shall be in question, applied to cases of replevin. By sect. 121 it is provided, that " in case either...
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The Law Journal for the Year 1832-1949: Comprising Reports of Cases in the ...

Law reports, digests, etc - 1850 - 644 pages
...; Montgomery ». Blair, 2 Scho. & Lef. 136. (2) See now 12 & 13 Viet. c. 101. vides that the County Court shall not have cognizance of any action of ejectment,...title to any corporeal or incorporeal hereditaments, &c. shall be in question ; but notwithstanding this the Judge has made an order that he shall pay,...
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