The Express.
London, England, 1851-10-28 00:00:00

Dili RAMSHAY AND TIIE LIVERPOOL

COUNTY COURT.

LIVERPOOL, MONDAY Avr►aeoox.
Notwithstanding the approaching inquiry before
the Earl of Carlisle, at Preston, on the 6th of next month, '
into the conduct of Mr. Itamsbay, the judge of the Liver-
pool county court, and the memorial from the inhabitants,
praying that a substitute should he appointed, or that the
judge should not resume his sittings until the enquiry into
the allegations against him lad been decided, Mr. Rantshay
took his seat or. the bench this morning precisely at twenty-
five minutes to 10 o'clock, and the ordinary business was
iminediately proceeded with. As the morning advanced,
the court became exceedingly crowded.
In themselves, the eases brought forward were of little
interest, but the judge Niel clown an important rule for
future guidance. In the case of " Hopkins r. Lasean," for
the recovery of a balance of 25., the original debt being
4.. 6.1., the judge said it was neeewary to have some rule
with regard to the recovery of small debts. if tradesmen
trusted poor people with such small sums, they acted very
improperly. The act of parliament under which these
courts were constituted was not intended to oppress
p.m. people; on the contrary, ho considered that
the poor were a class peculiarly under the pro-
tection of his court. If some general rule were adopted
with regard to those small claims, lie thought it would not
I interfere with the business of the court, hut prove very
useful and beneficial. It occurred to him that this court
was nut to be tinned to the purpose of enforcing such very•
sum!' debts ; liscause it seemed to him that the costs were
v etly disproportionate to the amount sought to be et:-
cost-red. lie thought it was really oppressi.e to poor men
to have Retinas hn•n:lit against them, and if people gave
credit fbr such small amounts, they must take the choice
of g. tang them, it they came into this court, with-cut costs.
Ile (the Judge) asked what were the costs in this particular
ease

Mr. Statham, the clerk, said 4s. llal.
The ailailatalfsaial he should not have brought the Cate
into court, but—
The Judge was not making the slightest reflection upon
the plaintiff ; on the contrary, he thought he had uetcal
very properly. The act of parliament gave him (the J udgt )
a dascreti,aaary ',ewer which he should take care not to
abuse. Ile should take care that that discretion was czar-
eked in a manner which would he satisfactory, and not
offensive to the public. The rule which he should adopt
would be that in actions for sums under 10 shillings,
no casts should be given to the pi:dotal; un:ess
specifically granted, or unless it should he an :action by a
Irate person to recover wages. lie should nut allow per-
sons in a respectable sphere of tile, like the plaiwiff, to
take the costs out of the pockets of the pour man. It there
were di-honcsty or fraud on the part of the de:end:it, he
should grant toe Ittailltiff MON.
Mr. 11• pkans, tie plaiutilf in the case before the court,
said he had received a gross insult from the ticteuslant,
who had thrown an apple at him.

The Judge add, tlitl that was an exceptional case, and
he should give Mr. Hopkins costs. People must be taught
to act with civility, and, as long as he nit there, he should
endeavour to unto-cc it towards himself and everybody eke•
Insults 1.1 this kind lie should always murk by giving eosts ;
persms must not be insulted when they asked fur their just
debts.

The next interruption to the ordinary business woo a corn-
pl lint on the part of the Judge that the windows of the court •
were nut open, for which he tined the court-keeper, John
Whiteside, ten shillinxs "for not attending to my orders,
rem-au:UV given, on this subject." Having animadverted
in severe tows on u case having been brought into
court without softie:rot and reasonable cvid. nee, the
judge Said —lt is improper to weste the time of the court.
In concluding his remarks, the Judge declared his intention
to reasonable cs idenec in every ewe. Ile sat there
fur that purpose; and any person in town would be just as
good a judge so he was himself if he received lucre tittle-
. tattle. tie told the witness to stand down, mid if lie ilia
not prove the case sidi•facturily the next step he took, he
j (the Juilg.) should certainly nousuit him. The case must
be proved by reasonable valence.
ti:une private consuhation then took place with the clerk
of the court, and the Judge retired.