Leave To Defend

The bills of exchange act 1855 (18 & 19 Vlct. c. 67) allowed actions on bills and notes commenced within six months after being due to be by writ of summons in a form provided by the act, and unless the defendant should within twelve days obtain leave to appear and defend the action, allowed the plaintiff to sign Judgment on proof of service. This procedure was retained by the Judicature act, but abolished in 1880. It Is now provided that In all actions where the plaintiff seeks merely to recover a debt or liquidated demand in money, or possession where a tenancy has expired or been determined by notice to quit, the writ of summons may be specially indorsed with the particulars of the amount sought to be recovered after giving credit for any payment or set-off; in w'hlch case, if the defendant fail to appear, Judgment may be signed for the amount claimed; and it is further provided that where the defendant appears on a writ of summons especially indorsed, the plaintiff may, on affidavit verifying the cause of action and swearing that in his belief there is no defence to the action, call on the defendant to show cause why the plaintiff should not sign final Judgment for the amount so Indorsed; and the court or Judge may, unless the defendant, by affidavit or otherwise, satisfy the court or Judge that he has a good defence on the merits or disclose sufficient facts to entitle him to be permitted to defend the action, make an order empowering the plaintiff to sign Judgment accordingly. Whart. Lex. See Allo-