The actions for small debts withheld whether on balance of account or other. wise, may be holden in the county court without writ, and such actions determined in a summary way. On the application of any person desirous to commence a suit, the clerk of the court shall enter in a book a plaint in writing, stating the names and the last known places of abode of the defendants, and the substance of the action intended to be brought ; upon which a summons shall be served on the defendant so many days before the day on which the court shall be holden at which the cause is to be tried, as shall be directed by the rules ; and delivery of such summons, in manner specified in the rules of practice, shall be deemed good service ; no misnomer or inaccurate description of any person or place in any such plaint or summons shall vitiate the same, so that the person or place be therein de scribed so as to be commonly known. Such summons may issue in any district in which the defendant shall dwell or carry on his business at the time of the action brought ; or,. by leave of the court for the district in which the defen dant shall have dwelt or carried on his business, at some time within six calen dar months next before the time of the action brought, or in which the cause of action arose.
A plaintiff having a cause of action for more than 501. must not divide the claim for the purpose of bringing two or moreac tions; but if he has so done, he may aban don the excess, and the judgment of the court will be a full discharge of all de mands in respect of such cause of action. Minors may sue under this Act for wages or piece-work, or for work as a servant; and the court has also jurisdiction in cases of partnership or intestacy; execu tors also may sue and be sued, and no privilege of exemption can be pleaded. Where two or more persons are liable, one may be sued, and on satisfying the judgment when obtained, such person may proceed for contribution against any other person jointly liable with him.
The judge is to determine all questions, whether of fact or of law, unless a jury bo summoned; either plaintiff or defen dant may demand a jury ; or, where the amount is under 51., if required, the judge, at his discretion, may grant a jury, the party giving notice of his requiring a jury, and this notice being communi cated to the opposite party; and the party requiring a jury is to pay a deposit for payment of the jury, to be considered as costs in the cause. The number of the jury is to be five, and their verdict must be unanimous.