LEAVE TO DEFEND.

Stratford Evening Post, Volume XXXI, Issue 50, 13 October 1911, Page 6

LEAVE TO DEFEND.

PERMISSION REFUSED. Every now and again a defendant turns up at the Magistrate’s Court and pleads ignorance of the provision in the law winch calls on him to file notice of intention to defend a civil action live days before the date set down for hearing. Lajst Court day Mr Wake made an application for leave to defend on behalf of George Henry Thomas, from whom William Charles Downes claimed £7O odd for wages, The S.M. asked tljat an afh-, davit showing defendant’s grounds for requiring permission he put in, and finally the application was held over until to-day. At the Court to-day Mr Wake said defendant was unaware that lie had to file a notice of defence. He had applied to the storekeeper in his vicinity and had been told that he was under no necessity to go to town before the day set down for hearing. The affidavit which had been filled at the request of the Bench showed that lie had a reasonable defence. Mr Spence, who appeared for plaintiff, said the Act laid it down that there must be special,grounds before leave could be granted. The rule in the Act was as strong as any other, and it would not do to create the impression that anybody could got leave merely by the payment of a guinea to counsel. If Mr Wake could show a reasonable defence ho always had the fight to apply for a re-hearing. Counsel quoted a judgment of Mr McCarthy, S.M., in which it was stated: “No doubt it is a new rule, but fifty years hence there will be people who will allege ignorance of the provision.” The S.M. (Mr Kenrick) said that if lie accepted the excuse put forward ] in tiio present case ho would never bo able to refuse any application. If people lived in the country there was no necessity for them to come to town to file a defence—they could send details of the case to their solicitors in time enough to have a defence filed. Quite apart from the necessity for defendants’ reading their summonses, the matter had been dealt with so often in the newspapers that there was no excuse for not filing a defence, unless it was proved that defendant could not read or write. 'The application would be dismissed. Mr Wake: People in the country arc put at a disadvantage as against town people. Some of them are jia long way from towns and seldom see a newspaper.' The S.M.: My experience is that people living in the country road the papers more regularly than people in towns.