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sittings of the said Judge in each place within his county or counties, notice being previously given thereof in some newspaper circulating in the said county or counties.
XCVII. And be it Enacted, That the party so cited shall at his own election appear or not before the said Judge, but he shall within one week of being so cited, serve the party citing with a notice in which notice he shall state whether he intends to appear or not, and such notice, with the proof of service of citation, may be given in evidence against the party cited in any suit at law or in equity which may be brought by or against the party citing, for the purpose of proving that the party cited refused to appear before the Judge in Ordinary in a court of reconcilement.
XCVIII. And be it Enacted, That the citation shall state shortly the matter of the claim, complaint or demand which the person citing hath against the other party, or expects to have made or brought by the other party against him, with the time and place whereat the Judge in Ordinary is to sit and hear and advice in the matter: Provided always, That the party citing shall have first obtained leave from the said Judge to come before him at such time and place, and shall serve the citation on the other party two weeks at least before the said time of appearance.
XCIX. And be it Enacted, That when the party citing hath received notice from the other party that he intends to appear, he shall give notice from the other party that he intends to appear, he shall give notice thereof to the Registrar of the Judge Ten days before the time appointed for hearing and advising; and the parties shall at such appointed time appear personally, and without any attorney or counsel, before the said Judge, and if either party shall fail to appear, he shall pay reasonable costs to the other party appearing, to be taxed by the Registrar, and to be levied by warrant in like manner as costs in a proceeding by way of plaint are hereinbefore directed to be levied; and if neither party shall attend, and neither shall give Three days notice of intending not to attend, both parties shall pay such reasonable fine as the Judge shall impose, to be levied by warrant, in like manner with costs in proceedings by way of plaint.
C. And be it Enacted, That when the parties appear before the Judge in Ordinary, he shall hear them state the matters of their respective claims, complaints or demands, and defences or answers, in the presence of each other, and shall give them his opinion and advice thereupon; and it shall be their option to follow and abide by this advice or not as they shall think fit; and in case they shall agree to abide by such advice, the substance thereto shall be reduced into writing by a memorandum, which shall be signed by the parties and entered.
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Identifier: | JB/004/023/001 "JB/" can not be assigned to a declared number type with value 4.
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1830-06-21 |
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[[titles::11 geo. iv sess. 1830 / a bill [as amended by the committee] / for establishing courts of local jurisdiction]] |
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44 |
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(2-43) |
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1944 |
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