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proceeding by production of a copy of its return verified by the affidavit of a partner or officer of the bank, or by the production of a copy of a newspaper purporting to contain a copy of such return published by the Commissioners of Inland Revenue ; the fact that any such savings bank is certified under the Acts relating to savings banks may be proved by an office or examined copy of its certificate ; the fact that any such bank is a post office savings bank may be proved by a certificate purporting to be under the hand of Her Majesty's Postmaster-General or one of the secretaries of the post office.
Expressions in this Act relating to "banker's books" include ledgers, day books, cash books, account books, and all other books used in the ordinary business of the bank. 10. In this Act
" legal proceedThe expression “ legal proceeding” means any
“court," criminal proceeding or inquiry in which evidence is or judge." may be given, and includes an arbitration ; The expression “ the court” means the court, judge, arbi
trator, persons, or person before whom a legal proceeding
is held or taken ;
a judge of the High Court of Justice ;
action in such court, exercise the powers of a judge under
this Act. 11. Sunday, Christmas Day, Good Friday, and any bank Time. holiday shall be excluded from the computation of time under this Act.
STATUTES RELATING TO THE COUNTY
Demands in England.
9 & 10 Vict. c. 95. 58. All pleas of personal actions where the debt or damage Jurisdiction. claimed is not more than [501.] whether on balance of account or otherwise may be holden in the County Court without writ, and all such actions so brought shall be heard and determined in a summary way in a court constituted under and according to the provisions of this Act. Proviso: The court shall not have cognisance of any action of ejectment (a) or in which the title
(a) See, however, post 19 & 20 Vict. c. 108, s. 50, and 31 & 32 Vict. c. 142 s. 11.
does not appear,
to any corporeal or incorporeal hereditaments (a) or to any toll, fair, market, or franchise, shall be in question, or in which the validity of any devise, bequest, or limitation under any will or settlement may be disputed, or for any malicious prosecution, or for any libel or slander, seduction, or breach of promise of
64. Persons under age may sue for wages. Jury.
70. In all actions where the amount claimed shall exceed 51., either party may require a jury to be summoned. In cases not exceeding 5l., the judge may, in his discretion, on the application of either party, order the action to be tried by jury.
73. The jury shall consist of five jurymen ; the parties may challenge as in the superior courts; the verdict must be
unanimous. Special defences. 76. No defendant shall be allowed to set up a defence of
set-off, infancy, coverture, Statute of Limitations, or bankruptcy, without the consent of the plaintiff, unless notice shall be given to the clerk of the court who shall send notice thereof to the
plaintiff. Reference. 77. The judge, by consent of both parties, may refer any case
to arbitration. Where plaintiff 79. If upon the return of any summons, or at any continuation
or adjournment of the court or of the cause for which the said summons shall have been issued, the plaintiff shall not appear, the cause shall be struck out. If he shall appear, but shall not make proof of his demand to the satisfaction of the court, the judge may nonsuit him, or give judgment for the defendant, and in either case where the defendant shall appear and shall not admit the demand may award to the defendant such sum as costs and satisfaction for his trouble and attendance as the judge 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. Proviso: If the plaintiff shall not appear when called upon, and the defendant or some one duly authorised 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 may proceed to give judgment as if the plaintiff had appeared.
80. If on the day named in the summons, or at any dant does not
continuation or adjournment of the court or cause in which the summons was issued the defendant shall 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
(a) See, however, post 31 & 32 Vict. c. 142, s. 12.
plaintiff only, and the judgment thereupon shall be as valid as if both parties had attended. Proviso : 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 on such terms as he may think fit.
82. The defendant may pay money into court in any action Payment into brought under this Act, and notice thereof shall be given to the court. plaintiff by the clerk of the court.
90. Plaints may be removed into a Superior Court where the Removal of amount claimed exceeds 51., by leave of a judge of a Superior
plaint. Court upon such terms as he shall think fit. (a)
93. If there be cross judgments, that party only who has Cross judgjudgment for the larger sum shall issue execution, and only for the difference.
95. If any order shall have been made for payment by instal- Instalments. ments, execution may be issued for the whole sum remaining unpaid on failure to pay any instalment.
96. The wearing apparel and bedding of a judgment debtor, Goods privileged or his family, and the tools and implements of his trade to the from seizure. value of 5l., shall be protected from seizure under execution.
An Act to extend the 9 & 10 Vict. c. 95.
13 & 14 Vict. c. 61. 8. Any person against whom a plaint shall be entered in any Confession of County Court may, if he think fit, whether he be summoned debt or part
thereof. upon such plaint or not, in the presence of the clerk or assistant clerk of the court in which such plaint shall have been entered, or one of their clerks respectively, or in the presence of a [solicitor), sign a statement confessing and admitting the amount of the debt, or demand, or part thereof, and such clerk shall, soon as conveniently may be after receiving such statement, send notice thereof to the plaintiff, and it shall not be necessary for the plaintiff to prove such debt.
9. An agreed statement as to the amount of a debt, and terms of payment may be signed in the like presence.
14. Power to appeal to the Superior Courts on a point of law Appeal. or admission, or rejection of evidence.
15. Such appeal to be in the form of a case agreed on by both parties or their [solicitors), or, in case they do not agree, to be settled by the judge.
(a) See post 19 & 20 Vict. c. 108, s. 39.
Order for trial in
An Act to Amend the Acts relating to the County Courts.
19 & 20 Vict. c, 108. Trial by consent. 23. The County Courts may try all actions that may be
brought in the Superior Courts of Common Law if both parties agree by a memorandum signed by them or their [solicitors] that any County Court named therein shall have power to try such action.
25. The court may, with the consent in writing of the parties, at the hearing, decide claims in which titles come in question.
26. Where in any action of contract brought in a Superior Court the claim indorsed on the writ does not exceed 501., or if originally exceeding 501., is reduced by payment into court, an admitted set-off, or otherwise, to a sum not exceeding 50l., judge of a Superior Court, on the application of either party after issue joined, may in his discretion and on such terms as he shall think fit, order that the cause be tried in any County Court which he shall name; and thereupon the plaintiff shall lodge with the registrar of such court such order, and the issue ; and the judge of such court shall appoint a day for the hearing of the cause, notice whereof shall be sent by the registrar to both parties or their [solicitors] ; and after such hearing the registrar shall certify the result to the master's office of such Superior Court; and judgment in accordance with such certificate may be signed in such Superior Court.
27. No action shall be brought in a County Court on any
judgment of a Superior Court. Evidence of 31. A county court judge may issue a warrant for bringing prisoner.
up a prisoner to give evidence. Removal into 39. If in any action of contract more than 201., or in any High Court.
action of tort more than 51. is claimed, the defendant may, by giving notice that he objects to the action being tried in the county court, have the same removed into a superior court on giving security. This is not to prejudice removal by certiorari.
48. A judgment summons may, by leave of the judge, be obtained from the court in which judgment was obtained, although the judgment debtor shall not then dwell or carry on
business within the district of such court. Recovery of 50. Possession of corporeal hereditaments, where neither the land.
value of the premises nor the rent payable exceeds 501. per annum, may be recovered by landlords in the County Court where the term has expired or been determined by notice, and, by sect. 52, for non-payment of rent if in arrear for half a year, and no sufficient distress found.
51. The plaintiff, in such cases as mentioned in sect. 50, may claim rent and mesne profits not exceeding 501.
53. Where a summons to recover possession shall be served on or come to the knowledge of a sub-tenant, he shall forth with give notice to his landlord, under penalty of forfeiting three years' rack-rent.
63. The registrar of the County Court of the district in Replovins. which a distress is taken, shall in future grant replevins, and the powers of the sheriff with respect thereto shall cease.
64. The registrar shall, at the instance of the party whose goods have been distrained, cause the same to be replevied to such party on his giving one or other of such securities as mentioned in sects. 65 and 66.
65. An action of replevin may be commenced in any Superior Court. If the replevisor shall wish to commence proceedings in such court, he shall, at the time of replevying, give security to be approved of by the registrar for such an amount as such registrar shall deem sufficient to cover the alleged rent or damage in respect of which the distress shall have been made, and the probable costs of the cause in a superior court, conditioned to commence an action of replevin against the distrainer in such Superior Court as shall be named in the security, within one week from the date thereof, and to prosecute such action with effect and without delay; and, unless judgment thereon be obtained by default, to prove before such court that he had good ground for believing, either that the title to some corporeal or incorporeal hereditament, or to some toll, market, fair, or franchise was in question, or that such rent or damage exceeded 201., and to make a return of the goods, if a return thereof shall be adjudged.
66. Similar enactment in case the replevisor shall wish to proceed in a County Court, as to giving security, prosecuting the action, and return of the goods, but the action may be commenced within one month from the date of security.
67. An action of replevin brought in a County Court may be
yearly rent or value exceeds 201.
shall have jurisdiction.