The Sun.
London, England, 1835-04-11 00:00:00

CIVIL COURTS.

50. In a large majority of the boroughs in England and
Wales there are local civil courts with a jurisdiction co-
extensive with the limits of the borough. These in general
have their origin in particular charters, but occasionally
they exist by prescription. They vary considerably with
regard to the nature of the actions which they may enter-
tain. In some, actions real, personal, and mixed may be
brought, and in general they have cognizance of all per-
sonal actions. The amount for which such actions can be
brought is often unlimited (subject to the power of re-
moval); while in several of the courts it is restrained to the
recovery of debts under a given sum. Those courts whose
powers are most limited are confined to suits where the
debt or damage does not exceed 40s. In practice suits for
any other cause of action than debts are seldom instituted
in these courts, unless in some of the larger boroughs,
where the ordinary kinds of action which occur at assizes
are tried.

51. The borough courts, or, as they are usually denomi-
nated, the courts of record, in their general constitution re-
semble the superior courts of common law. When created
by charter, the proceedings arc according to the course and.
practice of some one of the superior courts at 'Westminster.
They seldom possess any printed or written rules regulat-
ing their proceedings, and their practice, therefore, is very
ill defined. In some instances rules have been prepared
and published, after being submitted to the approbation
of the judges of assize. Suits are generally commenced,
in case of serviceable process, by summons, and of bail-
able process by capias. With regard to the times of the
return of process, and. consequently to the period of obtain-
ing judgment, the practice varies. In many courts precepts
in the nature of writs are returnable, and the other steps in
the cause are taken weekly ; in others, only every fortnight
or three weeks. In contested cases, judgment can be ob-
tained in but few of the courts under six weeks, generally
in a longer period. In some boroughs (as at Bridgewater)
the courts have adopted the shaft and improved forms of
pleading promulgated 'by the courts of common law. In
some courts, the process is by distringas, or attachment of
the defendant's goods, and venditioni exponas, in eases
where the debt exceeds 40s. This is generally founded on
affidavit of the debt ; but at Berwick-upon-Tweed, it is-
sues without affidavit, if the demand is under 15/. At
Lancaster the same process issues without. affidavit, when
the demand is under 40s. At Preston burgesses are'exempt
from this process. In several local courts, as at London,
Bristol, and Exeter, there is the custom of foreign attach-
ment, by which a plaintiff may attach the goods of his
debtor in the hands of a third party within the borough,
and cause them to be applied in satisfaction of his debt in
default of appearance. This custom is extensively used in
the -places where it exists. In Lancaster the goods of non-
freemen only can be attached.

52. The presiding officer in these courts is generally the
mayor, and hence they are not unfrequently termed the
Mayor's Court. Sometimes the bailiffs preside with the
mayor, in other instances the recorder, and occasionally
some or the aldermen are judges. In other cases, the re-
corder, though a magistrate of the borough, is not a judge
of the cnnrt of record. The town-clerh in many boroughs
practically j,v7a-e. The. officers of these courts
in general are, the town-clerk ani the bailiffs or serjeants-
at-mace. The town-clerk usually perroms all the duties
of the court, except' those whiCh belong to the alike of
sheriff. He issues the writs, files and enrols the proceed-
ings, grants rules, taxes the costs, and signs the judgments.
The bailiffs or sergeants at mace perform in these courts
the duties which in actions brought in the superior courts
of common law devolve upon the sheriffs of counties. To
them writs are directed, and by them they are served and
returned, and they are in general answerable, like sheriffs of
counties, for any is regularity in the service. It must be
understood, however, that the character of the officers de-
scribed by these names varies in different boroughs ; but in
every court there is a functionary of this description who
performs these duties. .In some boroughs, as in ,Liverpool,
the bailiffs are judges cf the court, and the office of sheriff
is performed by the sergeant at mace ; in others the bailiffs
are the officers for the execution of process. At Berwick-
upon-Tweed, the bailiffs are judges, and empanel the juries.
Where the civil courts have fallen into disuse, the sergeatits
at mace have been converted into mere attendants upon the
mayor. _ _ _

53. In many boroughs, before an attorney is allowed to
practise in the court of record, he is compelled to enter
himself as an attorney of that court ; in others, every person
admitted an attorney of any of your Majesty's superior
courts is permitted to practise without any further qualifi-
cation. At Chichester, persons who are not attornies
practise through the four sergeants at mace, the only no-
minal attornies. In many instances the number admitted
is limited. In a few of the larger boroughs barristers prac-
tise ; in the other borough courts the attornies act both as
advocates and as attornies.

M. It is only in the civil courts of the larger boroughs
that the attendance of a jury is frequently required. In
other places the suit seldom proceeds to issue, but is gene-
rally settled in its earliest stages. Frequently, not more
than two or three actions are brought to trial in the course
of a year, although more than 100 writs may have been
sued out. The juries summoned to sit on the trial of civil
causes are almost invariably shosen in the same manner as
the juries in criminal cases.