Gambar halaman
PDF
ePub

County Court Rules, 1892.

165. Where a counter-claim is raised and tried, unless the Judge shall otherwise order, the scale upon which the costs of the parties are to be taxed shall be determined as follows : (1.) If plaintiff is successful on both claim and counter-claim by the amount which he

recovers on his claim, unless the amount of defendant's claim is the larger, in that case the costs incurred subsequently to the delivery of the counter-claim

shall be determined by the amount of such counter-claim. (2.) If defendant is successful on both claim and counter-claim by the amount which he

recovers on his counter-claim, or the amount of plaintiff's claim, whichever may

be the larger. (3.) If both parties are successful, by the amounts which they recover on their respective

claims, and if both claims fail by the amount claimed by the opposite party. 166. Where the demand is unliquidated and the plaintiff recovers less than the amount claimed, the Judge may order that his costs be taxed on the scale applicable to the amount claimed, or any intermediate scale.

167. Where the costs of a defendant are being taxed, the word “recovered," wherever it occurs in the scale, shall be deemed to be “claimed."

168. Where the plaintiff recovers less than the amount of his claim, so as to reduce the scale of Court fees, he shall pay the difference.

General Directions. 169. Costs not sanctioned by the scale are not to be allowed, and costs are not to be allowed as between the parties to an action in respect of searching for payments into Court nor in respect of any proceedings to enforce payment of a judgment or order by way of execution against the goods or commitment under the Debtors Act, 1869, save as provided in Order XXV., Rules 38a and b.

170. When under the scales or rules a discretion as to the allowances to be made is vested in Registrars, they are required to exercise it with care and discrimination, and strictly in accordance with the particular directions set forth in the scales and rules.

171. No costs which are to be paid or borne by another party shall be allowed which do not appear to the Registrar on taxation to have been necessary or proper for the attainment of justice or defending the rights of the party incurring the same, or which appear to such officer to have been incurred through over-caution, negligence, or mistake, or merely at the desire of such party.

172. All fees or allowances which are discretionary shall, unless otherwise provided, be allowed at the discretion of the Registrar on taxation, who, in the exercise of such discretion, shall take into consideration the other fees and allowances to the solicitor and counsel, if any, in respect of the work to which any such allowance applies, the nature and importance of the action or matter, the amount involved, the interest of the parties, the fund or persons to bear the costs, the general conduct and costs of the proceedings, and all other circumstances.

173. Where two or more defendants are joined and judgment is given separately against each with costs, unless the Judge shall otherwise order the costs shall be apportioned according to the respective amounts of each judgment.

174. A folio shall comprise seventy-two words, every figure comprised in a column or authorised to be used counting as one word.

175. When any real property is directed to be sold, the ordinary conveyancing charges shall be allowed.

176. Where in the course of an action or matter a party suing or sued in a fiduciary or representative character necessarily incurs costs not allowable upon taxation under any scale, the Registrar shall apply to the Judge, who may, by an order to be filed with the proceedings, allow such a sum as he may think fit for such costs to be paid out of any funds in Court applicable to the purpose.

Witnesses. 177. Subject to the following rules, there may be allowed to witnesses for their attendance at Court the sums mentioned in the scales in the Appendix.

178. Where the witness is a plaintiff in the action or matter he shall not be entitled to any allowance, except for travelling, unless he is a domestic or menial servant, a labourer, a servant in husbandry, a journeyman, an artificer, a handicraftsman, a miner, or any person engaged in manual labour, or unless the Judge in any particular case, for reasons of special hardship, shall otherwise order.

179. There may be also allowed all witnesses, including plaintiffs and defendants if called

County Court Rules, 1892. as witnesses, for travelling expenses, the sum which shall have been actually and reasonably paid by them, but such expenses shall in no case exceed in the whole a sum equal to sixpence per mile one way.

180. If witnesses attend in more than one cause they shall be allowed a proportionate part of their allowances in each cause only.

181. The costs of witnesses, whether they have been examined or not, may, unless otherwise ordered by the Judge, be allowed, though they have not been summoned.

182. Seamen necessarily detained on shore for the purpose of an action or matter shall be allowed such remuneration as the Judge may order, or, in the absence of an order, as the Registrar may think reasonable compensation for their loss of time.

183. In any action or matter in which a party is entitled of right or by order of the Judge, to tax his costs on scales B. or C. in the Appendix, the Judge may order that any expert or scientific witnesses may be allowed for qualifying to give evidence and for attending such trial such sums as the Registrar on taxation may think fit not exceeding the maximum allowances mentioned in the scale of allowances to " expert and scientific witnesses " in the Appendix, and in like cases the Judge, subject to the provisions of the next rule, may order that the expense of preparing and proving plans, drawings, models, &c., shall be allowed.

184. Persons who prepare plans, drawings, models, &c. for the purpose of illustration, and who if called at the trial prove the correctness of such plans, drawings, models, &c. only, shall not be entitled to allowances as expert and scientific witnesses, but shall be allowed for their attendance upon the scale applicable to ordinary witnesses, and there may be also allowed for the preparation of such plans, drawings, models, &c. and of all tracings and copies thereof, the sum reasonably paid for the same so long as it shall not exceed the sumis mentioned in item 95 of the scale of costs.

ORDER LI.—GENERAL PROVISIONS. Order LI., Rules 2 and 10, are hereby annulled, and the following Rules shall stand in lieu thereof:

185. Where a party acts by a solicitor, service of any proceeding or document upon such solicitor, or delivery of the same at his office, or sending the same to him by post prepaid, shall be deemed to be good service upon the party for whom such solicitor acts, as upon the day when the same is so served or delivered, or upon which in the ordinary course of post it would be delivered, except in cases where by these orders personal service upon a party is required. Provided that the provisions of this rule shall not extend to any default or judgment summons, nor, except as provided by Order VII., Rule 9c, to any ordinary summons.

186. All advertisements to be inserted in the London Gazette, except as to proceedings under Orders XXXIX. or XLI., Rule 9, shall be transmitted by the Registrar for insertion to the Registrar of County Courts judgments in London.

ORDER LII.-INTERPRETATION OF TERMS. The definitions of “ Default summons” and “ Ordinary summons” are hereby annulled, and the following shall stand in lieu thereof:

187. “ Default summons” means a summons which is issued on the entry of a plaint, and is required by statute to be served personally;

" Ordinary summons” means a summons which is issued on the entry of a plaint, and is not required by statute to be served personally.

We, Rupert Kettle, Alfred Martineau, Henry J. Stonor, A. Shelly Eddis, and G. Washington Heywood, being Judges of County Courts, appointed to frame Rules and Orders for regulating the Practice of the Courts and Forms of Proceedings therein, having, by virtue of the powers vested in us in this behalf, framed the foregoing Rules and Orders, do hereby certify the same under our hands and submit them to the Lord Chancellor accordingly. (Signed) RUPERT KETTLE. Approved (Signed) HALSBURY, C. A. MARTINEAU.

ESHER, M.R.
HENRY J. STONOR.

Nath. LINDLEY, L.J.
A. S. EDDIS.

EDWARD E. KAY, L.J. G. W. HEYWOOD.

C. E. POLLOCK, B.

A. L. SMITH, J. I allow these Rules, which shall come into force on the 1st day of March, 1892.

(Signed) HALSBURY, C.

County Court Rules, 1892.

APPENDIX.

12A instead of 12. - NOTICE OF NON-SERVICE OF SUMMONS. Take notice, that the summons for judgment summons) in this action has not been served, for the following reason :Dated this day of

[Plaintiff.]

18

[ocr errors]

Form 14A instead of 14, 15, and 154.-AFFIDAVIT FOR LEAVE TO ISSUE ORDINARY OR

DEFAULT SUMMONS OUT OF JURISDICTION. I, A.B. [here state name, residence, and occupation of deponent], make oath and say as follows:

1. (a) That C.D., of (here state name, residence, and occupation of proposed defendant) is justly and truly indebted to me (or to E.F. (here state name, residence, and occupation of the proposed plaintiff)] in the sum of £

for the price of goods sold [or for money lent, or as the case may be].

or (6) That I (or E.F., &c., the proposed plaintiff] claim (or claims] to be entitled to recover from C.D., &c. (the proposed defendant) the sum of £

damages for breach of contract for as the case may bel.

2. (c) That the said C.D., within six months from the date hereof, dwelt or carried on business within the jurisdiction of this Court, that is to say, at

in the county of

or (d) That the cause of action in respect of which the said C.D. is proposed to be sued arose wholly or in some material part at

in the county of

within the jurisdiction of this Court.

That the material facts relied on as constituting the alleged cause of action or a material part thereof are, that the order for the goods for the price of which (or for non-acceptance of which, or as the case may be an action is proposed to be brought was given at in the county of

within the jurisdiction of this Court (or that the said C.D., assaulted me for the said E.F.) at

in the county of

within the jurisdiction of this Court, or as the case may be).

3. (e) And I further say that I am a person in the employ of the said E.F. sor as the case may be), and that the facts herein deposed to are within my own knowledge, and that I am duly authorised by the said E.F. to make this affidavit.

4. (f) And I further say that the said C.D. is not a domestic or menial servant, a labourer, a servant in husbandry, a journeyman, an artificer, a handicraftsman, a miner, or a person engaged in manual labour.

5. (g) And I further say that my for the plaintiff's] claim is for the price for value or hire] of goods which, or some part of which, were sold and delivered for let on hire) to the said C.D. to be used or dealt with in the way of his trade, (or profession or calling] of a [state the trade, profession or calling).

Order to be placed at the foot. I do order that the above-named

be at liberty to enter a plaint in this Court against the above-named

Registrar. (a) When demand is a debt or liquidated claim.

(6) When claim is unliquidated. (C) When residence, &c. within six months relied on. (d) When cause of action or material part relied on. (e) To be added where proposed plaintiff does not make the affidavit. ( To be added where a default summons is proposed to be issued.

(9) To be added where a default summons is proposed to be issued and the claim does not exceed 51.

County Court Rules, 1892.

Form 14B.—AFFIDAVIT OF DEBT. I, A.B. [here state name, residence, and occupation of deponent], make oath and say as follows:

1. That 0.D. of (here state name, residence, and occupation of proposed defendant) is justly and truly indebted to me (or to E.F. (here state name, residence, and occupation of the proposed plaintiff )] in the sum of £

for the price of goods sold (or for money lent, or as the case may be].

2. (a) That my for the plaintiff's) claim is for the price for value or hire) of goods which, or some part of which, were sold or delivered (or let on hire) to the said C.D., to be used or dealt with in the way of his trade for profession or calling of a state the trade, profession, or calling).

3. (6) That I am a person in the employ of the said E.F. (or, as the case may be), and that the facts herein deposed to are within my own knowledge, and that I am duly authorised by the said E.F. to make this affidavit.

(a) To be added where the claim does not exceed 51.
b) To be added where proposed plaintiff does not make the affidavit.

Form 16A instead of 16.-DEFAULT SUMMONS UNDER SECTION 86 OF THE

COUNTY COURTS ACT, 1888. [Heading and conclusion as in ordinary summons, No. 11.] Take notice, that unless within eight days after the personal service of this summons on you, inclusive of the day of such service, you return to the Registrar of this Court at place of office) the notice given below, dated and signed by yourself or your solicitor, you will

€ 8.1 d. not afterwards be allowed to make any defence to the claim which the Claim laimingin

Plaintiff makes on you, as per margin, the particulars of which are Solicitor's costs : 12:1:1:1 hereunto annexed; but the Plaintiff may, without giving any further Total amount to .....) proof in support of such claim than the affidavit filed in Court herein, debt and costs i

I proceed to judgment and execution. If you return such notice to the Registrar within the time specified, the Registrar will send you by post notice of the day upon which the action will be tried.

See below. [N.B.—This summons must be served within a period of twelve months from the date thereof, or within such extended period as may be allowed.]

NOTICE OF INTENTION TO DEFEND.
[To be at foot of Summons.]

No. of Plaint.
In the County Court of *

holden at

*A.B. v. C.D.
I intend to defend this action.
Dated this

day of
18 .

Defendant (a). *(To be filled in by Registrar previous to issue of summons.)

SEE BACK.

[To be indorsed on the Summons.] If you pay the debt and costs, as per margin on the other side, into the Registrar's office, before the expiration of eight days from the date of service of this summons, inclusive of the day of such service, and without returning the notice of intention to defend, you will avoid further costs.

If you do not return the notice of intention to defend, but allow judgment against you by default, you will save half the hearing fee, and the order upon such judgment will be to pay the debt and costs forthwith (or by instalments (to be specified as in plaintiff's written consent)].

If you admit a part only of the claim, you must return the notice of intention to defend

(a) Here must be signed the name of defendant or of his solicitor, and in the latter case the words“ solicitor for,” together with his address, must be prefixed.

County Court Rules, 1892.
within the time specified on the summons; and you may, by paying into the Registrar's
office at the same time the amount so admitted, together with costs proportionate to the
amount you pay in, avoid further costs, unless the plaintiff proves at the trial an amount
exceeding your payment.

If you intend to dispute the plaintiff's claim on any of the following grounds,-
1. That the plaintiff owes you a debt which you claim should be set off against it;
2. That you were under twenty-one when the debt claimed was contracted;
3. That you were then, or are now, a married woman;
4. That the debt claimed is more than six years old;
5. That you have been discharged from the plaintiff's claim under a Bankrupt or Insol-

vent Act;
6. That you have already tendered to the plaintiff what is due, and that he refused to

accept it;
7. That you have a statutory defence;

8. That you have an equitable defence;
You must also, at any time not less than five clear days before the return day, give notice of
such special defence; and such last-mentioned notice must contain the particulars required
by the County Court Rules ; and you must deliver to the Registrar as many copies of such
notice as there are plaintiffs, and an additional copy for the use of the Court. If your defence
be a set-off, you must, with the notice thereof, also deliver to the Registrar a statement of the
particulars thereof. If your defence be a tender, you must pay into Court the amount
tendered at the time of filing notice.

Summonses for witnesses and for the production of documents by them will be issued
upon application at the office of the Registrar of this Court upon payment of the proper fee.

NOTE.This summons is to be printed on a half sheet of salmon-tinted foolscap paper
(14 lbs. or thereabouts), with the Notice of intention to defendseparated by a perforated
line, so that it may be torn off for transmission to the Registrar.

Form 17A instead of 17.-DEFAULT SUMMONS UNDER “THE SUMMARY PROCEDURE

ON BILLS OF EXCHANGE ACT, 1855,".
[Heading and conclusion as in ordinary summons, No. 11.]
Take notice that unless within twelve days after the service of this summons on you, in-
clusive of the day of such service, you obtain leave from the Judge or Registrar of this Court
to defend this action the plaintiff may proceed to judgment and execution.
The plaintiff's claim is for £

on a bill of exchange (or promissory
note), the particulars whereof are hereunto annexed, and the sum of

for
Court fees and for solicitor's costs herein]: And if the amount thereof be paid to the
Registrar of the Court within four days from the service hereof, no further proceedings will
be taken,

Leave to defend may be obtained upon application at the office of the Registrar of this
Court, supported by affidavit, showing that there is a defence to the action on the merits, or
disclosing facts showing that it is reasonable that the defendant should be allowed to defend
the action.
[N.B.- This summons must be personally served on the defendant within twelve

calendar months from the date thereof, and not afterwards.]

Form 173.-PARTICULARS IN ACTION UNDER “THE SUMMARY PROCEDURE ON BILLS

OF EXCHANGE Act, 1855."

(Heading and conclusion as in Form 1.]
The plaintiff claims £

for principal and interest (or baiance of principal
and interest] due to him as the payee (or indorsee) of a bill of exchange or (promissory note]
of which the following is a copy.

[Here copy bill of exchange or promissory note and all indorsements upon it.]
And also

shillings for noting and bank expenses [if paid).

« SebelumnyaLanjutkan »