★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
(8)
of the Judge; but if he replies some new matter, then and in that case the Registrar shall set down the cause for the sittings following, and the defendant shall have Four days to rejoin to the new matter so alleged; and if the defendant shall in his answer confess the whole matter of the plaintiff's statement, or confess a part and deny the residue, the Registrar shall set down the cause to be tried in respect of the am mount of damages, or the amount of damages and the facts denied, as the case may be.
XIX. And be it Enacted, That in all cases the Judge before whom such action shall be tried shall be empowered to direct the jury to take into their consideration any plain and wilful departure from the real truth of the case in the written statements of the parties, and to diminish the amount of the damages given to the party guilty of such misrepresentation if he be plaintiff, or increase the amount of the damages given against such party if he be defendant; and if it shall be at any time within Six months from the trial of the cause be made to appear to the satisfaction of the Judge that such misrepresentation was made through the fault of the attorney of either of the said parties, the Judge shall call upon him in a summary way to answer the matter of the complaint, and fine him in such reasonable sum as he shall think fit to be paid to the said plaintiff or defendant for whom he was employed respectively.
XX. And be it Enacted, That in all cases of actions brought before any Judge in Ordinary, other than and except actions for assault or assault and battery, slander, libel, false imprisonment, malicious prosecution, malicious arrest, malicious issuing out a commission of bankruptcy, seduction and criminal conversation, it shall and may be lawful for the defendant served with the statement of the plaintiff, to make a tender to him of a sum by the way of satisfaction of his demand, and if the same shall by the said plaintiff he refused, to bring the same into court by paying it to the Registrar at the time of filing his answer; and if the judgment shall be entered against him for no more than the sum so tendered and paid, the plaintiff shall pay the costs of the defendant by him incurred after the tender and refusal, to be taxed and received as hereinafter directed, and shall take the money paid out of Court.
XXI. And be it Enacted, That where either party requires longer time than is hereinbefore allowed before putting in his answer, reply or rejoinder, or before proceeding to trial, he shall make application to the Judge Three days before the time when he ought to have so put in his answer, reply or rejoinder, or if he denies the trial to be delayed, three days before the first day of sittings, giving in either case Two days notice to the other party or his attorney; and the said Judge shall, upon hearing the party or his attorney on the matter of the application, and also the other party or his attorney, and both upon oath, if he thinks fit (which oath he is hereby
|
Identifier: | JB/004/013/002 "JB/" can not be assigned to a declared number type with value 4.
|
|||
|---|---|---|---|
|
1830-06-21 |
|||
|
004 |
lord brougham displayed |
||
|
013 |
|||
|
002 |
[[titles::11 geo. iv sess. 1830 / a bill [as amended by the committee] / for establishing courts of local jurisdiction]] |
||
|
printed material |
44 |
||
|
recto |
(2-43) |
||
|
1934 |
|||