The Archive · 1911

Appearances in Minor Cases

His Lordship said:—Messre. Hall and Holtz and many other retail firma have addressed the Court on the subject of the difficalty to them of appearing in small cases. Now the ral followed here has been so far the rale that ie followed at home, that is to say under Order 12, Role 11, "The appearance of a Company or Corporation its Secretary ie refused at the Central Office."" The appearance mnat be by a solicitor. There are obvious reasons why that rale should be followed, for a Court has no assurance that a person who might come here is authorized by the Company to appear. Howerer, Thave talked the matter over with the learned Judge of this Court and we wish to direct the attention of these parties to Role 121 in the Order in Coancil of 1904, which will enable them to do hat they quite rhrhtly and justly want to do, that is in cases in which the claim does not exceed $100 they may be represented by their Secretary or by their agent and not by " solicitor. That role lays down that a man may take appear "By himeelf; or by legal practitioner; or by bie attorney or agent thereunto lawfully authorized in writing and approved by the Court. (2) Where the act is done or proceeding taken by an attorney or by an agent (other than " legal practitioner), the power of attorney, or io-strament authorizing the sent, or an authenticated copy thereof, shall be firat filed in the Court, (3) Where the authority has reference only to the particular proceeding, the original document shall be filed."" W. to me—of course these companies or partnerships who have signed the letter, may take if they wish—bat it seems to me that they should have a short printed form of power of attorney and when they have claim under $100 they oan Gill in the name of the person they wish to represent them in that and have it, signed snd under the seal of the Company avd hand it to the Clerk of the Court here. That would be a very simple way to get over the difficulty and it meets with the approval not only of the Judges but of the members of the Bar who see that it is impossible for firms to take legal advice in matters of small claims of $5 or $10, and yet at claimed money advanced to lants by him as compradore and for salary payable by the defendants for work and services rendered as such compradore, and for salaries of sbrofis payable by the defendants and paid by plaintiff at their request in accordance with clause 4 of an agreement dated October 31, 1910 between the plaintiff and the Dent Road Skating Rink Syndicate, The claim totalled $1,291.07.

J. E, Salmon appeared for the od Mr. M. Haghes for defen-De Sousa did not appear.

Text read from the printed page and cleaned; old type leaves the occasional error.

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