A guide to the modern county court; comprising a sketch of its history and jurisdiction, and practical directions as to the mode of procedure in ordinary cases with forms and scales of costs and fees - Softcover
Synopsis
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1882 Excerpt: ...upon which he makes the same, and also, if his claim is against any person other than the plaintiff, the name, address, and description of such person. A notice is then served by the bailiff upon the person named in the defendant's statement. There is one other case in which the defendant has to give notice of defence, and that is in an action of libel or slander, sent down to the county court from the High Court or tried in the county court by agreement between the parties. In such an action, if the defendant relies as a defence upon the fact that the libel or slander is true, he should state in his notice that the libel or slander complained of is true in substance. Assessoes.--Power is given to the county court judge by the County Courts Act, 1875, to appoint skilled assessors to assist him in technical matters, on the application of either party. If assessors are required, formal application must be made to the court, and the names of the assessors must be given. The summoning of assessors is in the discretion of the judge. The following rules respecting the appointment of assessors in county court actions are laid down by the County Court Eules, 1880. Any person appointed by the county court judge to act as an assessor in an action shall be qualified to act. Where no demand for a jury has been made, a party who desires assessors to be appointed shall, ten clear days at least before the returnday, file an application according to the form in the schedule, stating the number of assessors he proposes to be appointed, and the names, addresses, and occupations of the persons who have expressed their willingness in writing to act as such. If the applicant has obtained the consent of the other party to the persons named See the schedule to the Rules of 1880. ...
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