New Britain herald., 1929-11-29

the mailing date and address, the
 date of delivery shown by the return receipt and the name of the address see or agent signing the receipt, or | the refusal or non delivery of the
 notice.
 Notice shall be valid although re- 1 fused by the defendant and not de- livered for that reason.
 If the notice is returned undeliv- | cred, without refusal by the defend ant, or if in any other way it appears that notice has not been received or refused by the defendant, the clerk shall issue such other or further mo- l tcc as the Court may order. l Rule V
 A defendant, unless the court shall | otherwise order, shall be defaulted | unless he shall, personally or by at | torney, not later than the second day 1 before the day set for the hearng, state to the clerk, orally or in writ | ing, his defense to the claim. The clerk shall enter the substance of | the defense in the docket, and the docket entry shall be deemed the answer. The answer shall state fully ! and specifically, but in concise and untechnical form. such parts of the claim as arc contested, and the grounds thereof. A defendant who admits the claim but desires time l in which to pay, may state that fact at the time set for answering, and where this is done judgment may be entered for the plaintiff at the time set for hearing, and this request may be considered by the court in deter mining whether there shall be d stay or execution to permit of deferred payment either in toto or by install mcnts. Demurrers, dilatory pleas and the answer of general denial are prohibited.
 Rulc VT
 The defendant, within the time for answer, may in the manner provided | by rules ? and 3. claim any sct-off or counter-claim within the jurisdic- | tion of the Small Claims Court Upon the making of such claim by the de- fcndant, the clerk shall give notice | to the plaintiff, similar to that pro- vidcd by rule 1, and shall postpone the hearing of the original claim un- ! til the time set for hearing the do- fcndantS claim, and shall notify the parties accordingly. The defendants claim shall be answered within the time and in the manner provided by rule ,. and the penalties upon de fendants provided by said rule shall apply 10 plaintiffs in respect to claims by a defendant. The notice to the plaintiff and postponoment Of hearing herein provided for may, however, be waived by the plaintiff. The original claim. and the claim Of set-off or counter claim, shall bc deemed one case.
 Eulc VII
 The court may al any time allow any claim or answer to be amended. No deposition shall be taken except by leave of court.
 Witnesses shall be sworn. but the court shall conduct the hearing in such order and form with such methods Of proof as it deems best suited 10 discover the facts and 10 determine the justice of the case. If the plaintiff does not appear at any time set for hearing, tho court may dismiss the claim for want of prose cution, or enter a finding on the merits for the defendant or make such other disposition as may be proper.
 Fuic 1N
 tho prevailing party for entry fee, mailing fees. witness fees and off c"r'S fees shall be allowed aS costs. No other costs shall be allowed either party except by special order Of the court. The court shall have power in it's discretion 10 award costs, in a sum fixed by the court, not exceeding $25 (cXClusivc of such cash disbursements, or in addition thoreto) against any party, whether the prevailing party or not, who has set up a frivolous or N"XatiOuS claim. defense. or Count"r-Clalnl, or has made an unfair insufficient or mis- leading answer or has ncgligcntly failed 10 be ready for trial, or has otherwise sought to hamper q party or the court in securing q speedy de- termination of the claim upon ifs merits; and to enter judgment and