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Removal of proceeding to superior court.
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57. Any action commenced in any Civil Bill Court for any matters hitherto cognisable in one of the superior courts of common law may be removed into the High Court of Justice in the following manner; that is to say,
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If the claim made in such action does not exceed five pounds, by order of a Divisional Court of the High Court of Justice, or a judge of the High Court if such court or judge shall consider it desirable that the same shall be tried in the High Court, and if the party applying for such order shall give security to the satisfaction of one of the Masters of the High Court for the amount of the claim and the costs of the trial, not exceeding in all one hundred pounds, and shall further assent to such terms, if any, as the court or judge by whom the application is heard shall think fit to impose.
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If the debt or damage claimed shall exceed five pounds, by order of a judge of the High Court of Justice in any case which shall appear to the judge fit to be tried in the High Court, and upon such terms as to payment of costs and giving security for debt and costs, or such other terms as the judge to whom application for the order is made shall see fit, any order made under this section shall have the same effect as a writ of certiorari.
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