An Act to amend the "County Courts Act." C. A., 1888, c. 5. [23rd April, 1892.] H ER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows: 1. Sections 83, 175, 176, 177, 178, and 181 and Schedule B of the Sections repealed. "County Courts Act" (Consolidated Acts, 1888, Chapter 25), herein after called the "Principal Act," are hereby repealed. 2. In any action of contract or tort where the plaintiff shall claim Appeal in actions of a sum of one hundred dollars or over, or a counter claim shall be set contract or tort, or in interpleader or up of the said amount or any suit under section 44 of the principal replevin. Act, where the subject matter or question in dispute shall equal or exceed in value one hundred dollars, or in cases of interpleader or replevin where the subject matter shall equal or exceed one hundred dollars-an appeal shall lie to the Supreme Court from all judgments, orders or decrees, whether final or interlocutory, of the County Court or a County Court Judge made in any such action, suit or proceeding to any two Judges of the said Supreme Court, who shall sit as a Court of Appeal, and in the event of the appeal being from a Judge of the Supreme Court sitting as a County Court Judge, such Judge shall not sit on the hearing of such appeal. 3. In appeals from final judgments, decrees or orders, if the amount Appeals from final involved be under two hundred and fifty dollars, the appeal shall be judgments, &c., limited and how govlimited to some question of law or the admission or rejection of any erned. evidence or for misdirection, and if equal to or over the said sum such appeal shall be by way of rehearing and the Statutes, rules and orders applicable to appeals in the Supreme Court shall apply to and govern such appeals. Rep. 1896. 11. 4 Where debt claimed 4. The costs of and consequent upon appeals as aforesaid shall be charged and taxed according to the scale in force from time to time in the Supreme Court, and in all cases where no provision is made in the said scale for work done the same shall be charged for in accordance with similar work in the said scale. 5. In all cases in the County Court, when the claim is for a debt or ant must file dispute liquidated money demand exceeding fifty dollars, the defendant note, otherwise judg ment may be entered. shall be required by the summons to file a dispute note in the office out of which the summons issued within eight days after service; such Sec. Lub. dispute note shall state briefly the grounds of defence to the action, and in default of such dispute note the plaintiff shall, upon proof of the personal service of such summons, be entitled to have final judg1893.10.20. ment entered and execution issued thereon in the same manner as upon default of an appearance in an action in the Supreme Court; but, upon such terms as the Judge may see fit to impose, any such judgment Setting aside such may be set aside by the Judge, upon being satisfied that there is a judgment. defence to the action on the merits, or that it is reasonable that the defendant should be let in to defend. Form of summons. District Registrar may be obtained from Registrar. 6. The summons to be issued under the preceding section shall, as nearly as possible, be in the form in the Schedule hereto. 7. The garnishee orders mentioned in sections 146 and 147 of the "County Courts Act" may be issued by the District Registrar upon filing with him the affidavit therein mentioned, but such orders shall be made returnable before a Judge, unless a Judge otherwise orders. Summons for debt 8. A plaintiff at the time of issuing a summons for a debt or liqui- Where summons re- 9. Such summons shall, in case it appears by affidavit filed that the nishee within juris- garnishee is within the jurisdiction of the Court, and could be sued diction of Court, and therein without leave, or that he could be sued therein by leave, under proceedings to be taken by him. section 70 of the principal Act, be returnable at the same Court as the summons to the defendant; and the garnishee shall in case he desires to dispute his liability to the defendant take such proceedings as are required by section 5 hereof to be taken by a defendant who has been served with a summons, with the same liability in default thereof. 10. In case it appears that the garnishee is within the Province, but Where returnable when garnishee without the jurisdiction of the Court, the summons shall be returnable without jurisdiction. in such County Court as the garnishee is suable within, without leave in respect of the debt due the defendant, and at the first sittings of such Court to be held after the sittings of the Court whereat the cause between the plaintiff and defendant is set down for trial. 11. Such summons shall, from the service thereof, bind all debts due Effect of service of from the garnishee to the defendant. the judge may at summons. any tumi 12. In case the summons is returnable in some Court other than Transmission of that out of which the summons issued, all papers filed in connection papers, etc. with such application, and a transcript of any judgment obtained in the original action, shall be transmitted to the Court before which the garnishee is required to appear. 893.10 13. In all cases in the County Court when the claim is for a debt or Where defendant has appeared to claim a liquidated demand of the amount of $50 or over, and where the for debt of $50 defendant appears or files a dispute note, the plaintiff on an affidavit plaintiff may apply to have final judgmade by himself or any other person who can swear positively to the ment entered. debt or cause of action verifying the cause of action, and stating that in his belief there is no defence to the action, serve the defendant with a notice of motion to show cause before the Judge in Chambers why final judgment should not be entered for the plaintiff for the amount of said claim, with interest and costs. A copy of the affidavit shall accompany the notice of motion. The Judge as aforesaid may thereupon, unless the defendant by affidavit or otherwise satisfy the Judge that he has a good defence to the action on the merits, or discloses such facts as may be deemed sufficient to entitle him to defend the action, make an order directing final judgment to be entered for the plaintiff accordingly and issue execution thereon. 14. The application by the plaintiff for leave to enter final judgment Application for judgshall be made by notice of motion returnable not less than two clear ment to be by notice days after service, unless otherwise ordered by the Judge. of motion. 15. The defendant may show cause against such application by Course for defendant offering to bring into Court the sum endorsed on the writ or by seeking to defend. affidavit. In such affidavit he shall state whether the defence he alleges goes to the whole or to part only, and if so to what part of the plaintiff's claim; and the Judge may if he think fit order the defendant to attend and be examined upon oath, or to produce any book or document or copies of, or extracts therefrom. while defence al 16. If it appear that the defence set up by the defendant applies Plaintiff may have only to a part of the plaintiff's claim, or that any part of his claim is judgment for part admitted to be due, the plaintiff shall have judgment forthwith for lowed to the residue. such part of his claim as the defence does not apply to, or as is . 22. allowed against another. admitted to be due, subject to such terms, if any, as to the suspending execution or the payment of the amount levied, or any part thereof, into Court by the Sheriff, the taxation of costs, or otherwise, as the Judge may think fit. And the defendant may be allowed to defend as to the residue of the plaintiff's claim. One defendant may 17. If it appear to the Judge that any defendant has a good defence be permitted to defend while judgment to or ought to be permitted to defend the action, and that any other defendant has not such defence and ought not to be permitted to defend, the former may be permitted to defend, and the plaintiff shall be entitled to enter final judgment against the latter, and may issue execution upon such judgment without prejudice to his rights to proceed with his action against the former. Conditional leave to defend. Transmission by one 18. Leave to defend may be given unconditionally, or subject to such terms as to giving security or otherwise as the Judge may think fit. 19. The Registrar or District Registrar of any County Court shall, of transcript of entry upon the application of the plaintiff or defendant having an unsatisfied of judgment. judgment in his favour in such Court, prepare a transcript of the entry of the judgment, and shall send the same to the Registrar or District Registrar of any other County Court, with a certificate at the foot thereof signed by the Registrar or District Registrar who gives the same, and sealed with the seal of the Court of which he is Registrar or District Registrar, and addressed to the Registrar or District Registrar of the Court to whom it is intended to be delivered, and stating the amount unpaid upon the judgment and the date at which the same Duty of Registrar was recovered, and the Registrar or District Registrar to whom the receiving transcript certificate is addressed shall, on receipt of the transcript and certificate, and what proceedings may be taken on enter the transcript in a book to be kept in his office for the purpose, saine. Reporting of evidence, etc., at trials. and the amount due on the judgment according to the certificate, and all proceedings may be taken for the enforcing and collecting the judgment in such last-mentioned County Court by the officers thereof that could be had or taken for the like purpose upon judgment recovered in any County Court. 20. It shall be lawful for the parties to any suit, action, cause, matter, or other proceeding in the County Court, to agree that the evidence to be adduced, and other proceedings at such trial or hearing, shall be reported by any person other than the official stenographer. In such cases, the person so agreed upon shall, before entering upon his duties, be duly sworn by the presiding Judge, and the notes so taken by any such person as aforesaid shall, for all purposes, be considered as forming a true record of the evidence adduced, and of all other proceedings at such trial or hearing. 21. This Act may be cited as the "County Courts Amendment Act, Short title. 1892," and shall be read with and form part of the Principal Act. 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 , the dispute note below, dated and signed by yourself (or your Solicitor), and stating briefly your grounds of defence to the action, you will not afterwards be allowed to make any defence to the claim which the plaintiff makes on you, Claim... as per margin, the particulars of which are hereunto annexed; but the plaintiff Fee for plaint.. may, without giving any proof in sup port of such claim, herein proceed to Costs. If you final judgment and execution. Total amount of debt and costs cts. [N. B.-This summons must be served within a period of six months from the date hereof, or within such extended period as may be allowed.] DISPUTE NOTE. No. of Plaint, In the County Court of* holden at A. B. v. C. D. I intend to defend this action on the following grounds [here set out the grounds of defence shortly and distinctly, putting each separate defence in a different paragraph]. Dated this day of , 189 †Defendant. (*To be filled in by Registrar previous to issue of summons.) †Here must be signed the name of the defendant, or of his solicitor, and in the latter case the words "solicitor for," together with his address, must be prefixed. See back. |