JB/004/033/001

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The Judge is authorized to decide points of Law raised before him
on the pleadings.

The general mode of proceeding in trying matter of fact is by Jury;
but the Judge, with the consent of both parties, may try any matter of
fact without a Jury, with power, if in the course of the trial he finds
the matter or any part of it more fit for a Jury, to impanel one. He
may also, with consent of both parties, exclude strangers, and try the
action in private, with or without a Jury, as the case may be. These
powers are defined in Sections 25, 26, 27, 28, 93.

Any matter tried before the Judge, whether of law or fact, may be
reviewed by a motion before the Judge of Assize for the county, the
Judge in Ordinary sitting with him, but not having a vote in the decision
of the Appeal. If the Judge of Assize pleases, he may hear it
with the other Judge of Assize.

The Judgement of the Judge in Ordinary, in matter of Law, may be
reviewed by the Judge or Judges of Assize; and the Sentence of the
Judge in Ordinary and Verdict of the Jury, in matter of fact, may be set
aside, and a new trial ordered, by the same Judge or Judges. Powers
are given, under certain restrictions as to costs and securities, of
carrying the matter before the Courts of Westminster, from the decision
of the Judge of Assize; and a discretionary power is also given
to the Judge in Ordinary, to require securities before appeal by motion
to the Judge of Assize. Powers are also given, under certain
restrictions, to both the Judge in Ordinary and and Judges of Assize, to
reserve points and order cases for the opinion of the superior
Courts.

The subject of Appeal is treated of in Sections 41,42,43,44,45,
46,47,48,51. Upon all final judgments, execution is to be taken
out, and the process thereof served, according to rules laid down in
Sections 38,39,40. The Judge has power to order payment by installments,
Section 39; and debts may be assigned in satisfaction,
Section 40.

2.-- PLAINTS.

THE proceeding in the Small Debt Court of the Judge in Ordinary
is by Plaint and Plea. The rules relating to the service, pleading, and
notices, are laid down in Sections 52,53,54,55, and forms are given
in Schedule (C.)

The Judge is to sit for the trial of Plaints at each place of immediately
after the sittings for trial of Actions.

He may examine on oath the parties before him; and these parties
may appear by others, if prevented from attending.

The Execution is summary, by warrant; and there is no appeal or
revision, unless the Judge deems it fitting.

The Trial is by the Judge without a Jury, unless he think it fit to
have a Jury.

The trial of Plaints is treated of in Sections 56,57,58,60.--the
judgment and execution in Sections 59,61,62.

569. A2 3.--LEGACY.

Identifier: | JB/004/033/001 "JB/" can not be assigned to a declared number type with value 4.
Date_1	1830-06-21	Marginal Summary Numbering
Box	004	Main Headings	lord brougham displayed
Folio number	033	Info in main headings field
Image	001	Titles	[[titles::abstract of bill / [as amended by the committee] / for establishing courts of local jurisdiction]]
Category	printed material	Number of Pages	6
Recto/Verso	recto	Page Numbering	(2-5)
Penner		Watermarks
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	1954
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