The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1872-01-13 00:00:00

COUNTY COURT FEES.

A correspondent, "C. C.," has sent the following letter
to The Tiwg, which will doubtless be interesting to many
of our readers

Permit me to point outcome important consequences
which have followed the passing of the Act 30 and 31,
Viet., cap. 142 (August 20, 1867). By section 5, if a
plaintiff does not recover a sum exceeding .C2O, in an
action founded on contract, or 4:10 if f -unded on tort,
iiimAions commenced in the Superior Courts, be is not
entitled to wets of suit unless the Judge shall certify
there was sufficient reason for bringing the action in
the Superior Court, or unless the Court, or Judge at
Chambers, shall allow costs.
Years. Summonses Appearances.
1866 133,160 .. 38,410
1887 127,221 .. 38,196
1868 52,870 .. 28,747
1569 81,778 .. 27,549
1870 72,6418 .. 23,577
Thin, this Act, which, in the `section cited, applies
to actions of £2O on contract and 1:10 in tort, in
four years caused a diminution of 00,500 writs of
summons and 14,e33 appearances, or notices
of defence in the Superior Courts. There is not
yet any printed return for the year 1871. In all efises
in the Superior Courts the employment of an attorney
is necessary. It is otherwise in the County Courts. In
1866 there were 3,168 judgments entered up on Judges'
orders on default of services, and in 1870 there were
only 1,658. There were 30,040 judgments entered on
affidavits of service in 1.61.:6, and 18,302 in 1870. In
the Court of Exchequer in 1867 the number of bills
taxed, exclusive of those taxed under the statute, were
8,930, and in 1870 the number was 4,010, or a differ-
ence of nearly 5,000. There are no similar returns
from the Courts of Queen's Bench or Common Pleas.
The number of eases sent from the Superior Courts to
be tried in County Courts in the year 1870 was
497. Few persons probably have an accurate idea of
the protection afforded by the Act of 1867. Before it
passed it was no uncommon thing on the enecution of
small orders for goods to send moie than the quantity
ordered, and to issue a writ from one of the Superior
Courts if the money demanded were not paid. Pay-
ments so demanded were frequently made through
the terrors of the costs of a defence. It con-
stantly occurs that plaintiffs for amounts
reaching the highest euum that can be sued for
(110 O enter their own cases in the County Courts and
obtain judgments without any professional assistance.
So, also, am defendants, most properly, are not re-
quired to file pleas of defence, though attorneys very
frequently and needlessly present them to the Court,
they are able and do constantly defend themselves with-
out professional assistance. Let the cost and charges
of solicitor and client and fees on procedure of
the Superior Courts be fairly contrasted with those
in the County Courts and the cry respecting County
Court charges will be found to be the lamentation of
attorneys and not of suitors, though suitors in Comity
Courts used a better.spitem of taxation of costs than
exists at present. The amount of money sued for in
the County Courts in 1870 was 1:2,644,763, and
the amount of judgments was £1,321,233. The
difference,—namely, £1,323,439, represents generally
the amount of money paid to plaintiffs after the simple
service of summonses on defendants. A summons
when issued is served in any Volt of England and
Wales. Its cost, including the entry of the plaint, is
Is. in the pound. This sum is repayable by defen-
dants to plaintiffs. It is sometimes whispered that
some registrars aid their brethren by diverting suitors,
in the higher class of eases, to private offices from
the County Court offices. It is difficult to ascertain
the fact, if tine; and, if it were true, it ought certainly
to be a punishable offence. It is not the administration
of the law itself in the Superior Courts, respecting
which not even a whisper of complaint is made, but the
enormous costs of procedure which are complained of.