The National Register.
London, England, 1821-03-05 00:00:00

AILTIMPOLII4A LAW .socIETY.

A numerous mecting of the members of the Me-
tropolitan lam Society Was held at the Globe tavern,
in Fleet-street, on Friday eveninz, for the purpose
• of taking into consideration the Bill recently
intro-
duced into the House of Commons, entitled, " An
Act for the more convenient recovery of small debts
. in England and Wales."
'Mr. GRANT having been called to the chair,
Mr. 11'HHIGitT proceeded to address the un...eting.
He said he rose with diffidence, but that diffidence
merged into the anxiety which he felt for the com-
mon interest of the profession. The Bill was not
the production of one individual, but emanated from
committee of the Lords, by whom it had beets
altered and amended to its present shape. In every
view he considered it unjust, absurd, impracticable,
and impolitic. It was unjust, because it went to
deprive certain individuals of their freehold as well
as hereditary rights ; he alluded to the Duke of
Grafton, who held his office in the Seal Office, by
hereditary right, granted under a charter of Charles
H. and the clerks of the rules and common papers,
who purchased their situations, and who had by law
the same right to dispose of them as if thew were
their freehold estates. It was impolitic too, I;ecau.a:
the writs issued tin sums under 151. constituted at
least two-thirds of those which were actually issued;
and the loss to the revenue, by the arrangements of
the new Bill, would not be less than thirty thousand
pounds per annum. It was absurd from a variety
of reasons, but principally because it would operate
as an encouragement to litigation. There were
other points not less open to reprehension—among
these were the mode in which Juries were to be
sleeted. Although by the oniinary rules of law, a
freeholder of 40s. a year was considered sufficient to
decide a question in which the title to a whole county
might be involved; yet by this Act, it was necessary
to decide a debt of 151. that a Juryman should be
possessed of a freehold of 51. per annum. The
Judge must, under this Act, be a sort of ambulatory
being, for his ties would be utterly inadequate to
enable him to ride, and would scarce even utliird
him the means of procuring good shoes to walk—
fur in order to obtain 1501. he must try 1500
causes ! He would give a specimen of his tees ;
for every plaint of 40s. his tee was to be 2d.—above
40s. and not exceeding 51. it was to be 4d. and
above 51. sixpence ! Fur a judgment he was also to
receive the enormous sum of twopence ! (Laughter.)
But what appeared still more singular, was, that
the bailiff was, in point of pa) a.ent, better off than
the Judge, for he was to be allowed a whole shil-
ling tier executing a capi..s. This, however, was
perfectly consistent with the opinions of Black-
stone, " that execution was the highest department
of the law." If the framers of this Bill merely
wanted to attain celerity and dispatch in litigation,
he could have recommended a Court quite suited to
their purpose—he meant the Pied Puudre Court
and as this was generally held at fairs and markets
the Judges might have gone round with the spew-
men , and, by way of economy, have been accom-
modated with half the bed of the baboon, while the
criers, and other officers of this Court, in their
leisure hours, might assist in taking care of the lions,
tygers, and other animals belonging: to the person
who had contracted for their reniuVai from place
to place. (Laughter.) Mr IVright then proceeded
to point out other absurdities in the Act, among
which he classed the following fees to be paid to
A tturnies
For a Plaint and Copy, without notice
of the paitieulan. ut the demand .. Fourpeuce.
Fur a Pistol and Copy, with notice of
the parnrulau of tin: demand .... Sixpence.
For a Plea and Copy Sixpence. •
Fos a Plea with Sec.otY awl Copy Eight prl,ee,
Fur attending the Hi sling of a Goose, Me Shilling.
Fur copy °luminous to each Witness, TworcuCC.
Fur Set vice of each %conc.&
For attending a Motion in Cuing
Fur these pitiful sums it would be impossible to
obtain the attendance of any respectable Solicitor
upon the Courts in question, and thus the object at
which thty had been so long aiming, the exclusion
of persons of an opposite character from their body,.
would be frustrated. (Hear.) Having enumerated
some other objectionable parts of the Bill, he con-
cluded by moving the following Resolution, which
was carried unanimously :

" That the bill nun in pri.gre,. in the home of commons,
entitled, a A Bill tin the more convenient Recovery uf Small
I) bni in England and %Antes; is, u, the judgment ol
meeting, unjust, absurd, impolitic, and ticuble, run.
teary to the in Oluiple. or our I.lNa. road all sound gi,l.ation
at
pasted o 10 0 law, w‘ll create much more mischirl
that' it is unimakil to prevent."

The following Uesolution was aLo carried una-
nimously
. .

" 11141 111Ip Bin is :11 variance with the principles of
En‘lj,ll ol 1.1.41111 lesivitsivon. liecituve it buti.lituir•
the with of a psi.' lf. r th.d of itiwocs, In assessing latinasev
ugaiii:t ab.esit defendant ; ;shoo p.itti,S; gel:titan),
In, be witee,bru tur itientielvvv in their von cauviv— thin,
huldseg, out a blronA auslurrisleat to pi 'jury. Becauve,
sedktu4 a Juil‘e's resuuner.itton to drpeeitt open the ~umbel
of winos. he If i,•s, it .ievisitiev his tote', st that C:1114, viiinild
be .airricil iiver fot:tei I 1 tit tilVestaloted, wid (Iva