IN THE COURT OF SUMMARY JURISDICTION.
No. of Plaint
(Seal)
(10)
SCHEDULE 2.
Plaint Note on entering Plaint.
Between
A. B. Plaintiff, and
C. D. Defendant.
FEES PAID.
..
cause.
(11)
Bring this Summons when you come to the Court or to the Office for any purpose connected with this
On the day of hearing bring all Books and Papers, &c., necessary to prove your case. not in Court when the cause is called on the Plaintiff may proceed in your absence. If you have instructed If you are an Attorney to appear on your behalf, and neither your Attorney nor yourself be present in Court the result will be the same.
If the debt or damage claimed exceeds One Hundred Dollars you may, if the Judge consent, appear by Attorney, and in the event of your successfully resisting the Plaintiff's claim the Judge may certify that the case was such as to render it fit and advisable that you should have professional assistance but whatever be the fee which you shall pay your Attorney, you will in no case be entitled to be reimbursed except as hereunder written.
Attorney's Fee in Proceedings under Section XII. of Ordinance No. 7 of 1802. Hearing and Attendance $10.
Attorney's Fees except those under Section XII.
Upon every Sum of $100 in dispute $3. Attendance at Hearing 85,
The percentage shall be calculated upon the sum recovered or successfully resisted.
If there should
be any difference between yourself and the opposite party, or between yourself and your Attorney with respect to the amount of costs payable by, or to be paid to, you, you may apply to the Clerk of the Court who will tax the same.
The above cause was entered this day and will be tried on the at the Court House at Ten o'clock in the forenoon.
Day of
Dated this
Day of
186
E. F., Clerk.
SCHEDULE 4.
Notice of Payment into Court of whole claim.
IN THE COURT OF SUMMARY JURISDICTION.
No. of Plaint
(Seal)
Between
A. B. Plaintiff, and
(C. D. Defendant.
Take notice that the Defendant has paid into Court the full amount of your demand in this action together with your costs therein,
Duted this
Day of
186
Clerk of Court.
N.D.-Bring this note when you come to the Court or to the Office for any purpose connected with this cause. On the day of hearing bring all Books and Papers, &c., necessary to prove your case. If you are not in Court when your canse is called on it will be struck out. If you have instructed an Attorney to appear on your behalf, and neither your Attorney nor yourself be present in Court the result will be the same.
If the debt or damage claimed exceeds One Hundred Dollars you may, if the Judge consent, appear by Attorney, and in the event of your substantiating your claim, the Judge may certify that the case was such as to render it fit and advisable that you should have professional assistance, but whatever be the fee which shall
you pay your Attorney you will in no case be entitled to be reimbursed except as hereunder
written.
Attorney's Fee in Proceedings under Section XII of Ordinance No. 7 of 1862. Hearing and Attendance, $10.
Attorney's Fees except those under Section XII.
Upon every Sum of $100 in dispute $3. Attendance at Hearing $5.
The percentage shall be calculated upon the Sum recovered or successfully resisted.
If there should be any difference between yourself and the opposite party or between yourself and your Attorney with respect to the amount of costs payable by, or to be paid to, you, you may apply to the Clerk.
of the Court who will tax the same.
If
SCHEDULE 3.
Note to be inserted at the foot of the Summons.
you pay the debt and costs as stated above within Twenty-four hours after the service of this Sum- mons you will avoid further costs; but you may pay the same at any time before the cause is called on for trial subject to the payment of any further costs which your delay may have caused the Plaintiff to incur.
If you admit a part only of the claim you may by paying into the Clerk's hands the amount admitted, together with costs proportionate to the amount you pay in within Twenty-four hours after the service of this Summons, avoid further costs, unless the Plaintiff, at the hearing, shall prove a claim against you exceeding the Summ so paid.
If you intend to rely on a Set-off, Illegaly, Fraud, Want of Consideration, Coverture, a Statute of Ordinance of Limitation, or a Discharge under à Bankrupt or Insolvent Act or Ordinance you must give notice of such special defence to the Clerk of the Court and to the Plaintiff in writing and such notice mus contain the particulars required by the Rules of the Court. If your defence be a Set-off you must, with each notice thereof, deliver a statement of the particulars. If your defence be a Tender, you must pay inte
Court before, or at the hearing, the amount tendered.
To the Plaintiff.
Upon your applying for the above amount it will be necessary that you should produce the Plaint note given to you on the entry of the Plaint.
SCHEDULE 5.
Notice of Payment of Part of Claim into Court.
IN THE COURT OF SUMMARY JURISDICTION.
No. of Plaint
(Seal)
Between
A. B. Plaintiff, and C. D. Defendant.
Take notice that the Defendant has paid into Court the Sum of $ proportionate to that Sum. If you elect to accept the same in full satisfaction of the Sum claimed and together with costs leave with me at my Office and at the Defendant's place of dwelling notice to that effect, the action will be discontinued and you will be liable to no further costs. In default or place of business forthwith a written of such notice the action may proceed; and if you do not appear at the hearing you will be liable to pay to the Defendant such costs as he may incur for appearing at the Hearing, or such other Sum of Money as the Judge may order for expenses subsequent to the payment into Court.
Dated this
To the Plaintiff.
Day of
186
Clerk of Court.
Upon your leaving such notice and applying for the above amount it will be necessary that you should produce the Plaint-note given to you on the entry of the Plaint.
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