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The Judge Ordinary is to be a Justice of Peace of that and the
adjoinning Counties, and in the Commission of Oyer and Terminer
and Gaol delivery.
1.—The Court has authority to try all Action where the Defendant
resides within the district, and the cause of action, if on a debt, does
not exceed One hundred pounds, or if on a tort Fifty pounds, and
where title to real estate, tithe, or by bankruptcy, or to toll, market,
or other franchise does not come in question.
2.—It has authority to try, in a summary way, small Debts not exceeding
Five pounds, under the like restriction as to real estate,&c.
3.—It has authority to try Claims of Legacy not exceeding One
hundred pounds.
4.—It has authority to try all Actions at Law of all kinds and to
any amount, by consent of parties.
5.—It has authority to try all matters, whether at Law or in Equity,
by way of Arbitration, the parties consenting.
6.—It has authority to hear and advise upon all disputes, with
consent of the parties, for the purpose of reconcilement.
1.—ACTIONS.
THE proceeding here is by statement, answer, reply and rejoinder.
Sections 13, 14, 15, 49, 51, treat of the jurisdiction under this head.
The manner of serving the Defendant with the statement, which
stands both for writ and declaration ; of putting in the answer, which
serves for plea or demurrer, as the case may be ; of putting in the
reply, which serves for both replication and demurrer; and, of putting
in the rejoinder, which may be either rejoinder or demurrer, is laid
down in Sections 16, 17, 18 & 19, and the consequences of making
default are laid down in Section 86. The manner of pleading, in its different
stages, is laid down in Sections 16, 17, 18 & 19, and Schedule (C.)
gives various forms, according to which the pleading is to be conducted,
as nearly as may be. Precautions are taken to prevent
prolixity and mistatement of facts, by making practitioners liable for
the consequences of the same, at the discretion of the Court; but the
parties have a direct interest in putting these discretionary powers in
motion ; Sections 21, 22, 23, 36, 37.
The process for summoning Jurors and Witnesses is laid down in
Sections 30, 31, 34, 35, and Schedule (D.) — the mode of trial, in
Sections 29, 32, 33.
The Judge is authorized to give time to parties for pleading, and
to put off trials; and he is also authorized to hear parties and their
attornies, and on oath if he pleases, on the matter of such applications.
Sections 21, 87, 88, 89.
The
Identifier: | JB/004/032/002 "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::abstract of bill / [as amended by the committee] / for establishing courts of local jurisdiction]] |
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1953 |
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