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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 country, 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.
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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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(2-5) |
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1954 |
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