The Sun.
London, England, 1844-04-05 00:00:00

COUNTY COURTS.

Wednesday the Bill for the more easy recovery of
small demands in the county Courts of England was
printed. It contains no fewer than 122 clauses, with
several schedules annexed. By the preamble it is de-
clared
that "sundry Acts of Parliament have been
passed from time to time for the more easy and speedy
recovery of small debts within certain towns, parishes
and places, and it is expedient that tha provisions of
such Acts should be amended, and that one rule and
manner of proceeding should prevail throughout Eng-
land." It then states, that as the proceedings of County
Courts which now possess authority over debts to 40s.
are dilatory and expensive, it is expedient to alter and
regulate the manner of proceeding, and that the Courts
established under the recited Act of Parliament, or
such of them as ought to be continued, should be
holden after the passing of this Act as branches of, the
County Courts under the provisions of this Act, and
that power should be given to her Majesty to effect
these changes at such times and in such manner as
may be deemed expedient, with the advice of her
Privy Council, from time to time, to order that this
Act shall be put in force in such county or counties
as to her Majesty, with the advice aforesaid, from time
to time, shall seem fit ; and the Act shall extend to
those counties concerning which any such order shall
have been made, and not otherwise or elsewhere.
The following appear to be important provisions in
this Act, which was introduced by Sir James Graham
and Mr. Manners Sutton, on Friday night :
Sec. 43. " And be it enacted that all pleas of
personal actions, where the plaintiff claims any debt;
or claims any damages arising out of the breach of
any express or implied agreement or claims, to re-
cover the possession or value of any goods or chattels
unlawfully taken or kept from him, and where the debt,
or damage, or value of the goods claimed is not more
than 151., may be holden in the County Court without
writ, wherever the cause of action may have arisen, and
all such actions brought in the said Court shall be
heard and determined in a summary way, according to
the provisions of this Act, provided always that the
Court shall not have cognisance of any action in which
the title to any corporeal or incorporeal hereditaments,
or to any toll, fair, market, or franchise shall be in
question, or arising out of or relating to any will or
settlement."

Sec. 78. " And be it enacted, that whenever the
Judge shall have made an order for the payment of
money, the amount shall be recoverable in case of
default or failure of payment thereof forthwith, or at
the time or times, in the manner hereby directed,
by execution either against the body or against the
goods and chattels, or first against the goods, and if
no goods, or not sufficient to satisfy the claim, shall
be found, then against the body of the party against
whom such order shall be made, and the clerk of the
said Court, at the request of the party prosecuting
such order, shall issue under the seal of the Court a
writ offierifacias or capias, as the case may be, as a
warrant of execution to one of the bailiffs of the
Court, who, by such warrant, shall be empowered to
take in execution the body (if not privileged against
arrest) of the party against whom such order shall
be made, or to levy by distress and sale of the goods
and chattels of such party within the jurisdiction of
the said Court, such sum of money as shall be so
ordered, and also the costs of the execution, and all
constables and other peace officers within their
several jurisdictions shall aid in the execution of every
such warrant."

It is further provided that persons shall, in default
of payment, be committed to the debtors' prison, and
the term of imprisonment is regulated by the follow-
ing provision :—" And be it enacted, that no person
shall remain in custody under any warrant against
the body issued under this Act longer than forty
days for any sum not greater than 405., or longer
than one day for every entire shilling contained in
the sum mentioned in the warrant when such sum
is greater than 405." This section will require
amendment to prevent a long imprisonment, as it will
be in the pwer of persons to keep back 'executions
until the detainers have nearly expired, and then to
put them into force. Persons who neglect to ap-
pear when summoned are liable to be fined
51., and to have the fine enforced by the
sale of their goods. The 110th clause is a pro-
hibitory provision to the bringing of actions in the
superior Courts under la " And be it enacted, that
if any action shall be prosecuted after the com-
mencement of this Act in any of her Majesty's Courts
of Record at Westminster, or in the Court of Common
Pleas at Lancaster, for any cause other than thoze
lastly herein before specified,.for which a plaint might
might have been entered in any court holden under
this Act, and a verdict shall be found for the plaintiff
for a sum less than 151.. the said plaintiff shall have
judgment to recover such sum only, and no costs, and
shall have execution only against the goods and
chattels of the defendant, and if a verdict shall not be
found for the plaintiff, the defendant shall be entitled
to his costs as between attorney and client, unless in
either case the judge who .shall try the cause shall
certify on the back of the record that the action was
fit to be brought in such superior court."
There is no time mentioned (in the event of the
Bill passing) when it shall come into operation, fur-
ther than that her Majesty shall direct, with the ad-
vice of the Privy Council, when it shall take effect.

On Wednesday a numerous meeting of the inha
bitants of the Tower Hamlets was held at the Court-
house, Whitechapel, to take into consideration the
County Courts Bill, about to be introduced by Sir
James Graham, and also to adopt means for the im-
provement of their own Court. The chair was taken
by Mr. George Offor. The report of the Committee
formed to inquire into the subject was read by Mr.
Baker, from which it appeared that a Select Com-
mittee had been appointed by the House Committee,
in September last, to take into consideration a me-
morial signed by twenty-two Commissioners, relative
to the state of their Court-house to imprison fraudu-
lent debtors ; and, from the inquiry, it transpired that
no case of complaint was ever established against
their proceedings, even though there had been 600
suits per week during the last twelve months. Out
of 3,353 executions issued by the Court, 1,346 had
been returned not satisfied ; the amount sued for and
lost being 1,7331. Letters of apology for absence
were read from Sir W. Clay and Col. Fox, and resolu-
tions in support of Sir James Graham's Bill, and pe-
titions to Parliament, having been passed unani-
mously, the meeting broke up.