Evening star., 1939-11-02

attempting to smooth out differences
between the litigants. This power,
similar to that employed in the
highly successful Small Claims and
Cancellation Branch, is given in the
following provision:
Immediately prior to the trial of
any case. the judge shall elicit from
the defendant or his attorney a
statement as to the nature of the
defense, and shall make an earnest
effort to settle the controversy by
conciliation. If the judge fails to
induce the parties to settle their
differences without a trial, he shall
proceed with the hearing on the
merits.
"The parties and witnesses shall
be sworn, and the Judge shall con-
duct the hearing informally and in
such a manner as to ehcit fully all
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arrive at 4 just decision on the
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Superficial Effort In Past.
Critics maintain that. In the past.
the Judges have been hardly scratch
Ing the surface in attempting to
learn whether the tenant has a valid
defense to the suit. Immediately
after the names Of the parties in
volved in . suit were called, the
judge asked the defendant, If he was
present, this simple question: DO
you owe the rent?" In virtually
every case. the tenants answered in
the affirmative and the Judge went
no deeper into the circumstances.
However, critics hold that under
the new rules, it is the judges duty
to inquire methodically into all
phases Of the case In order to un-
cover, If possible, valid defense for
the tenant.
Among those questions the Judge
should ask the tenant, the critics
say, are these: When was your rent
due? Why didn't you pay it? Does
the day your rent is due fall on the
same day, or thereabouts, that you
get paid? Did you sign a rental
agreement waving your right to q
30-days' motive to quit? Did your
landlord give you a copy of this
agreement? How many times have
ysu been sued in court for not pay
ing your rent in the past IL months?
How much court costs have you been
paying your landlord when you get
sued? Are you on the relief rolls?
Questions for Landlords Attorney.
Those who sponsored the rules
contend that a similar line of in
quiry should be directed to the land
lords attorney. Something like this:
Does your client (the landlorb have
a rental agreement with this ten
ant? Does this agreement provide
that the tenant shall pay costs, other
than actual court costs, to defray
the expense of bringing this suit?
What is this amount? Mr.. Attor-
ney, on what basis are you paid for
representing the landlord in this and
other suits? Does the money pro-
vided in this rental agreement for
defraying expenses of bringing the
suit all go to you or does your client
keep some of it? Does your client
allow this tenant to pay his rent in
installment payments?
The judge has the power to de-
mand to see this rental agreement
it is held. This document would
give him an insight into case from
the time the tenant began occu-
pancy.
Another of the rules deals with
records and statistics. Heretofore
only Judge Cayton has kept break
down on the number of cases and
the various actions taken in the
branch. Under the new rule, how
ever, each Judge will follow this
course.
The clerks office at the court does
not have breakdown on the