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both parties in the matters upon oath, if he thinks fit, which oath he is hereby authorized to administer: Provided always, That if either party hath any witness to produce, he shall be furnished with a summons for causing such witness to attend, which summons the clerk shall make out according to the form set forth in Schedule (D.) to this Act annexed; and any person so summoned and refusing or neglecting to attend, or refusing to give evidence when attending, shall be fined by the said Judge in a sum not exceeding twice the sum sought to be recovered, if he shall have been summoned on the part of the plaintiff and the decision is for defendant, or twice the sum recovered if he shall have been summoned for the defendant, or not exceeding the sum sought to be recovered if he shall have been summoned on the part of the defendant and the plaintiff recovers nothing, or on the part of the plaintiff and the plaintiff recovers a judgment; such fines to be paid over to the party injured by the default of the witness, and where there has been no injury, to be carried to the account of the fee fund in the hands of the Registrar.
LVIII. And be it Enacted, That the said Judge in Ordinary shall once in every month, at the end of the trials of actions, sit for disposing of the said plaints, and shall sit till all that have been entered are tried, and shall try them without a jury, unless both parties desire to have a jury, in which case he shall in a summary way empanel a jury of the bystanders, unless he shall think the case such as is more fit to be tried by the jury ordinarily attending the Court, and then and in that case the clerk shall set down the said cause or causes first in the list of plaints to be tried.
LIX. And be it Enacted, That it shall and may be lawful for the said Judge to direct the sum ordered in his judgment to be paid by the defendant, to be paid by instalment, in such proportions and at such times as he shall think proper to appoint, and that no execution shall issue against the defendant until he make default in paying some such instalment.
LX. And be it Enacted, That the Judgments given by the said Judge in such plaints shall be final, and not liable to be questioned or made the subject of any writ of error, appeal or motion in any other court, or before any other Judge: Provided always, That i ay case tried by a jury, it shall be lawful for the said Judge i Ordinary to direct a new trial by another jury, at the same or any other sittings, if he shall think that justice has not been doe; such second trial to be final and conclusive.
LXI. And be it Enacted, That the Judgment given in any such plait, being signed by the Judge in the book to be kept by the clerk, the said clerk shall issue execution by making out a warrant to the messenger or extra messenger of the said Court, who shall levy , by distress and sale
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Identifier: | JB/004/018/001 "JB/" can not be assigned to a declared number type with value 4.
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1830-06-21 |
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lord brougham displayed |
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[[titles::11 geo. iv sess. 1830 / a bill [as amended by the committee] / for establishing courts of local jurisdiction]] |
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printed material |
44 |
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(2-43) |
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1939 |
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