Summary Procedure on Bills of Exchange Act 1855
| Jurisdiction | UK Non-devolved |
| Citation | 1855 c. 67 |
| Year | 1855 |
(18 & 19 Vict.) C A P. LXVII.
[23d July 1855]
'WHEREASbon fide Holders of dishonoured Bills of Exchange and Promissory Notes are often unjustly delayed and put to unnecessary Expense in recovering the Amount thereof by reason of frivolous or fictitious Defences to Actions thereon, and it is expedient that greater Facilities than now exist should be given for the Recovery of Money due on such Bills and Notes:' Be it enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by Authority of the same, as follows:
I From Oct. 24, 1855, all Actions upon Bills of Exchange, &c. may be by Writ of Summons as Form in Schedule A.
I. From and after the Twenty-fourth Day ofOctober One thousand eight hundred and fifty-five, all Actions upon Bills of Exchange or Promissory Notes commenced within Six Months after the same shall have become due and payable may be by Writ of Summons in the special Form contained in Schedule A. to this Act annexed, and indorsed as therein mentioned; and it shall be lawful for the Plaintiff, on filing an Affidavit of personal Service of such Writ within the Jurisdiction of the Court, or an Order for Leave to proceed, as provided by the Common Law Procedure Act, 1852, and a Copy of the Writ of Summons and the Indorsements thereon, in case the Defendant shall not have obtained Leave to appear and have appeared to such Writaccording to the Exigency thereof, at once to sign final Judgment in the Form contained in Schedule B. to this Act annexed (on which Judgment no Proceeding in Error shall lie) for any Sum not exceeding the Sum indorsed on the Writ, together with Interest, at the Rate specified (if any), to the Date of the Judgment, and a Sum for Costs to be fixed by the Masters of the Superior Courts or any Three of them, subject to the Approval of the Judges thereof or any Eight of them (of whom the Lord Chief Justices and the Lord Chief Baron shall be Three), unless the Plaintiff claim more than such fixed Sum, in which Case the Costs shall be taxed in the ordinary Way, and the Plaintiff may upon such Judgment issue Execution forthwith.
II Defendant showing a Defence upon the Merits to have Leave to appear.
II. A Judge of any of the said Courts shall, upon Application within the Period of Twelve Days from such Service, give Leave to appear to such Writ, and to defend the Action, on the Defendant paying into Court the Sum indorsed on the Writ, or upon Affidavits satisfactory to the Judge, which disclose a legal or equitable Defence, or such Facts as would make it incumbent on the Holder to prove Consideration, or such other Facts as the Judge may deem sufficient to support the Application, and on such Terms as to Security or otherwise as to the Judge may seem fit.
III Judge may, under special Circumstances, set aside Judgment.
III. After Judgment, the Court or a Judge may, under special Circumstances, set aside the Judgment, and, if...
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