Number of the Proceedings on hearing the Plaint. No Evidence to be given that is not in Summons. Notices to be given to the Clerk of special Defences, who shall communicate the same to the Plaintiff. Suits may be settled by Arbitration. have been summoned and shall have attended upon any Jury at the Assizes, or any Court of Nisi Prius, or at the Central Criminal Court for the same County, within Six Calendar Months next before the Delivery of such Summons. LXXIII. And be it enacted, That whenever there are any Jury Trials Five Jurymen shall be impannelled and sworn, as Occasion shall require, to give their Verdicts in the Causes which shall be brought before them in the said Court, and being once sworn shall not need to be re-sworn in each Trial; and either of the Parties to any such Cause shall be entitled to his lawful Challenge against all or any of the said Jurors in like Manner as he would be entitled in any Superior Court; and the Jurymen so sworn shall be required to give an unanimous Verdict. LXXIV. And be it enacted, That on the Day in that Behalf named in the Summons the Plaintiff shall appear, and thereupon the Defendant shall be required to appear to answer such Plaint; and on Answer being made in Court the Judge shall proceed in a summary Way to try the Cause, and give Judgment, without further Pleading or formal Joinder of Issue. LXXV. And be it enacted, That no Evidence shall be given by the Plaintiff on the Trial of any such Cause as aforesaid of any Demand or Cause of Action, except such as shall be stated in the Summons hereby directed to be issued. LXXVI. And be it enacted, That no Defendant in any Court holden under this Act shall be allowed to set off any Debt or Demand claimed or recoverable by him from the Plaintiff, or to set up by way of Defence and to claim and have the Benefit of Infancy, Coverture, or any Statute of Limitations, or of his Discharge under any Statute relating to Bankrupts, or any Act for Relief of Insolvent Debtors, without the Consent of the Plaintiff, unless such Notice thereof as shall be directed by the Rules made for regulating the Practice of the Court shall have been given to the Clerk of the Court; and in every Case in which the Practice of the Court shall require such Notice to be given the Clerk of the Court shall, as soon as conveniently may be, after receiving such Notice, communicate the same to the Plaintiff by the Post, or by causing the same to be delivered at his usual Place of Abode or Business; but it shall not be necessary for the Defendant to prove on the Trial that such Notice was communicated to the Plaintiff by the Clerk. LXXVII. And be it enacted, That the Judge may in any Case, with the Consent of both Parties to the Suit, order the same, with or without other Matters within the Jurisdiction of the Court in dispute between such Parties, to be referred to Arbitration, to such Person or Persons, and in such Manner, and on such Terms as he shall think reasonable and just; and such Reference shall not be revocable by either Party except by Consent of the Judge; and the Award of the Arbitrator or Arbitrators or Umpire shall be entered as the Judgment in the Cause, and shall be as binding and effectual to all Intents as if given by the Judge; provided that the Judge may, if he think fit, on Application to him at the first Court held after the Expiration of One Week after the Entry of such Award, set aside any such Award so given as aforesaid, or may, with the Consent of both Parties aforesaid, revoke the Re ference, ference, or order another Reference to be made in the Manner aforesaid. LXXVIII. And be it enacted, That Five of the Judges of the Forms of ProSuperior Courts of Common Law at Westminster, including the cedure in Courts Lord Chief Justice of the Court of Queen's Bench, the Lord Chief to be framed by the Judges. Justice of the Court of Common Pleas, and the Lord Chief Baron of the Court of Exchequer, or One of the said Chiefs at the least, shall have Power to make and issue all the general Rules for regulating the Practice and Proceedings of the County Courts holden under this Act, and also to frame Forms for every Proceeding in the said Courts for which they shall think it necessary that a Form be provided, and also for keeping all Books, Entries, and Accounts to be kept by the Clerks of the said Courts, and from Time to Time to alter any such Rule or Form; and the Rules so made, and the Forms so framed, shall be observed and used in all the Courts holden under this Act; and in any Case not expressly provided for herein, or by the said Rules, the general Principles of Practice in the Superior Courts of Common Law may be adopted and applied, at the Discretion of the Judges, to Actions and Proceedings in their several Courts. LXXIX. And be it enacted, That if upon the Day of the Return Proceedings if of any Summons, or at any Continuation or Adjournment of the Plaintiff does said Court, or of the Cause for which the said Summons shall have not appear or been issued, the Plaintiff shall not appear, the Cause shall be struck prove his Case. out; and if he shall appear, but shall not make Proof of his Demand to the Satisfaction of the Court, it shall be lawful for the Judge to nonsuit the Plaintiff, or to give Judgment for the Defendant, and in either Case, where the Defendant shall appear and shall not admit the Demand, to award to the Defendant, by way of Costs and Satisfaction for his Trouble and Attendance, such Sum as the Judge in his Discretion shall think fit, and such Sum shall be recoverable from the Plaintiff by such Ways and Means as any Debt or Damage ordered to be paid by the same Court can be recovered: Provided always, that if the Plaintiff shall not appear when called upon, and the Defendant, or some one duly authorized on his Behalf, shall appear, and admit the Cause of Action to the full Amount claimed, and pay the Fees payable in the first instance by the Plaintiff, the Court, if it shall think fit, may proceed to give Judgment as if the Plaintiff had appeared. LXXX. And be it enacted, That if on the Day so named in Proceedings if the Summons, or at any Continuation or Adjournment of the Court the Defendant or Cause in which the Summons was issued, the Defendant shall does not appear, not appear, or sufficiently excuse his Absence, or shall neglect to answer when called in Court, the Judge, upon due Proof of Service of the Summons, may proceed to the Hearing or Trial of the Cause on the Part of the Plaintiff only, and the Judgment thereupon shall be as valid as if both Parties had attended: Provided always, that the Judge in any such Case, at the same or any subsequent Court, may set aside any Judgment so given in the Absence of the Defendant, and the Execution thereupon, and may grant a new Trial of the Cause, upon such Terms, if any, as to Payment of Costs, giving Security for Debt or Costs, or such other Terms as he may think fit, on sufficient Cause shown to him for that Purpose. LXXXI. And Judge may grant Time. Defendant may pay Money into Court. Notice of such Payment to be given to Plain tiff. Parties and others may be examined. False Evidence LXXXI. And be it enacted, That the Judge may in any Case make Orders for granting Time to the Plaintiff or Defendant to proceed in the Prosecution or Defence of the Suit, and also may from Time to Time adjourn any Court, or the Hearing or further Hearing of any Cause, in such Manner as to the Judge may seem fit. LXXXII. And be it enacted, That it shall be lawful for the Defendant in any Action brought under this Act, within such Time as shall be directed by the Rules made for regulating the Practice of the Court, to pay into Court such Sum of Money as he shall think a full Satisfaction for the Demand of the Plaintiff, together with the Costs incurred by the Plaintiff up to the Time of such Payment; and Notice of such Payment shall be communicated by the Clerk of the Court to the Plaintiff by Post, or by causing the same to be delivered at his usual Place of Abode or Business; and the said Sum of Money shall be paid to the Plaintiff; but if he shall elect to proceed, and if the Plaintiff shall recover no further Sum in the Action than shall have been so paid into Court, the Plaintiff shall pay to the Defendant the Costs incurred by him in the said Action after such Payment; and such Costs shall be settled by the Court, and an Order shall thereupon be made by the Court for the Payment of such Costs by the Plaintiff. LXXXIII. And be it enacted, That on the Hearing or Trial of any Action or on any other Proceeding under this Act the Parties thereto, their Wives and all other Persons, may be examined, either on behalf of the Plaintiff or Defendant, upon Oath, or solemn Affirmation in those Cases in which Persons are by Law allowed to make Affirmation instead of taking an Oath, to be administered by the proper Officer of the Court. LXXXIV. And be it enacted, That every Person who in any deemed Perjury. Examination upon Oath or solemn Affirmation before any Judge of the County Court shall wilfully and corruptly give false Evidence shall be deemed guilty of Perjury. Summonses to Penalty on Witnesses neglecting Summons. LXXXV. And be it enacted, That either of the Parties to the Suit or any other Proceeding under this Act may obtain, at the Office of the Clerk of the Court, Summonses to Witnesses, to be served by One of the Bailiffs of the Court, with or without a Clause requiring the Production of Books, Deeds, Papers, and Writings in their Possession or Control, and in any such Summons any Number of Names may be inserted. LXXXVI. And be it enacted, That every Person on whom any such Summons shall have been served, either personally or in such other Manner as shall be directed by the general Rules or Practice of the Courts, and to whom at the same Time Payment or a Tender of Payment of his Expences shall have been made on such Scale of Allowance as shall be from Time to Time settled by the general Rules of Practice of the Court, and who shall refuse or neglect, without sufficient Cause, to appear, or to produce any Books, Papers, or Writings required by such Summons to be produced, and also every Person present in Court who shall be required to give Evidence, and who shall refuse to be sworn and give Evidence, shall forfeit and pay such Fine, not exceeding Ten Pounds, as the Judge shall set on him; and the whole or any Part Part of such Fine, in the Discretion of the Judge, after deducting the Costs, shall be applicable toward indemnifying the Party injured by such Refusal or Neglect, and the Remainder thereof shall form Part of the General Fund of the Court in which the Fine was imposed. LXXXVII. And be it enacted, That Payment of any Fine im- Fines how to be posed by any Court under the Authority of this Act may be enforced and enforced upon the Order of the Judge in like Manner as Payment accounted for. of any Debt adjudged in the said Court, and shall be accounted for as herein provided. LXXXVIII. And be it enacted, That all the Costs of any Costs to abide Action or Proceeding in the Court, not herein otherwise provided the Event of the for, shall be paid by or apportioned between the Parties in such Action. Manner as the Judge shall think fit, and in default of any special Direction shall abide the Event of the Action, and Execution may issue for the Recovery of any such Costs in like Manner as for any Debt adjudged in the said Court. LXXXIX. And be it enacted, That every Order and Judg- Judgments how ment of any Court holden under this Act, except as herein far final. provided, shall be final and conclusive between the Parties, but the Judge shall have Power to nonsuit the Plaintiff in every Case in which satisfactory Proof shall not be given to him entitling either the Plaintiff or Defendant to the Judgment of the Court, and shall also in every Case whatever have the Power, if he shall think fit, to order a new Trial to be had upon such Terms as he shall think reasonable, and in the meantime to stay the Proceedings. but on certain Conditions. XC. And be it enacted, That no Plaint entered in any Court No Actions to holden under this Act shall be removed or removable from the be removed into said Court into any of Her Majesty's Superior Courts of Record Superior Courts by any Writ or Process, unless the Debt or Damage claimed shall exceed Five Pounds, and then only by Leave of a Judge of One of the said Superior Courts, in Cases which shall appear to the Judge fit to be tried in One of the Superior Courts, and upon such Terms as to Payment of Costs, giving Security for Debt or Costs, or such other Terms as he shall think fit. XCI. And be it enacted, That no Person shall be entitled to appear for any other Party to any Proceeding in any of the said Courts unless he be an Attorney of One of Her Majesty's Superior Courts of Record, or a Barrister at Law instructed by such Attorney on behalf of the Party, or, by Leave of the Judge, any other Person allowed by the Judge to appear instead of such Party; but no Barrister, Attorney, or other Person, except by Leave of the Judge, shall be entitled to be heard to argue any Question as Counsel for any other Person in any Proceeding in any Court holden under this Act; and no Person, not being an Attorney admitted to One of Her Majesty's Superior Courts of Record, shall be entitled to have or recover any Sum of Money for appearing or acting on behalf of any other Person in the said Court; and no Attorney shall be entitled to have or recover therefore any Sum of Money, unless the Debt or Damage claimed shall be more than Forty Shillings, or to have or recover more than Ten Shillings for his Fees and Costs, unless the Debt or Damage claimed shall be more than Five Pounds, or more than Fifteen Shillings in any Case within the summary Jurisdiction given by Who may ap- this Act; and in no Case shall any Fee exceeding One Pound Three Shillings and Sixpence be allowed for employing a Barrister as Counsel in the Cause; and the Expence of employing a Barrister or an Attorney, either by Plaintiff or Defendant, shall not be allowed on Taxation of Costs in the Case of a Plaintiff where less than Five Pounds is recovered, or in the Case of a Defendant where less than Five Pounds is claimed, or in any Case unless by Order of the Judge. XCII. And be it enacted, That the Judge may make Orders concerning the Time or Times and by what Instalments any Debt or Damages or Costs for which Judgment shall be obtained in the said Court shall be paid, and all such Monies shall be paid into Court, unless the Judge shall otherwise direct. XCIII. And be it enacted, That if there shall be cross Judgments between the Parties Execution shall be taken out by that Party only who shall have obtained Judgment for the larger Sum, and for so much only as shall remain after deducting the smaller Sum, and Satisfaction for the Remainder shall be entered, as well as Satisfaction on the Judgment for the smaller Sum, and if both Sums shall be equal Satisfaction shall be entered upon both Judg ments. XCIV. And be it enacted, That whenever the Judge shall have made an Order for the Payment of Money, the Amount shall be recoverable, in case of Default or Failure of Payment thereof forthwith, or at the Time or Times and in the Manner thereby directed, by Execution against the Goods and Chattels of the Party against whom such Order shall be made; and the Clerk of the said Court, at the Request of the Party prosecuting such Order, shall issue under the Seal of the Court a Writ of Fieri facias as a Warrant of Execution to the High Bailiff of the Court, who by such Warrant shall be empowered to levy, or cause to be levied, by Distress and Sale of the Goods and Chattels of such Party such Sum of Money as shall be so ordered, wheresoever they may be found within the District of the Court, whether within Liberties or without, and also the Costs of the Execution; and all Constables and other Peace Officers within their several Jurisdictions shall aid in the Execution of every such Warrant. XCV. And be it enacted, That if the Judge shall have made any Order for Payment of any Sum of Money by Instalments, Execution upon such Order shall not issue against the Party until after Default in Payment of some Instalment according to such Order, and Execution or successive Executions may then issue for the whole of the said Sum of Money and Costs then remaining unpaid, or for such Portion thereof as the Judge shall order, either at the Time of making the original Order, or at any subsequent Time, under the Seal of the Court. XCVI. And be it enacted, That every Bailiff or Officer executing any Process of Execution issuing out of the said County Court against the Goods and Chattels of any Person may by virtue thereof seize and take any of the Goods and Chattels of such Person (excepting the Wearing Apparel and Bedding of such Person or his Family, and the Tools and Implements of his Trade to the Value of Five Pounds, which shall to that Extent be protected from such Seizure), and may also seize and take any Money or Bank |