The Sun.
London, England, 1821-03-28 00:00:00

SAIXLI. DEBTS.

ABSTRACT of a BILL for PREVENTING DELAYS
and EX rENCESioAe PROCEEDINGS of COUNTY
COURTS, and for more EASY and SPEEDY RECO-
VERY of SMALL DEBTS in ENGLAND and WALES.

1. That from and after tha sth of July, 1821, it shall be

lawful for the Sheriff or Sheriffs of every County of England,
and Waits, and of every City, Town, and District, -which is
a County of itself, to nominate and appoint one or more fit
person or persons, being Barristzrs at Law of five years stand-
ing at the leaAt, to be his aSsessor; and' to preside in the -CountyCourtto be established by this Act, each of which assessors,
before he Shall act, shall be -apProved by the Lord Chief Justice
of the Ring's Bench, the Lord Chief Justice of the CoMmon
Pleas, and the Loi:d Chief Baron of the Exchequer Or any two
of them; and such approbation to be certified to the King in
Council, sig.lifying that the person so appointed is fii.and proper
to be theassesser of the said Sheriff.' Provided that such per-
sons, being of the degree of Barrister, who at the time of
passing the Act, and for six months previous thereto, shall
have actually held the situation of assessor of the County Court,
shall be deemed and considcrcl to be assessors of the Sheriff

without any new appointment; and as soon as such respective
appointments have been made, every such Court shall be
deemed and taken to be fully constituted, and shall be a Court
of Record, and be holden at any place within the County, and
may be adjourned from place to place within such County, from
time to time, at the discretion of such assessor, regard being
had the convenience of Suitors and Jurymen, and the extent
and population of the County.

2. The rotation of attendance by the assessors _to be regu-
lated by a Rule, to be made by them or by the senior assessor
from time to time for that purpose, one of which assessors only
at a time to be entitled to the fees or emoluments arising at the
Court which he shall so hold in rotation ; but it shall be lawful
for any of the assessors to attend gratuitously, or the presiding
assessor, to require of them their advice and assistance.
3. That the Justices of the Peace shall order how often in
each year such County Courts shall be holden, and such Courts
shall be so holden from time to time according to such orders.
4. That when the Court shall be so constituted, all actions of
DEBT, whether on simple contract or on specialty, actions of
trespass on the case, and other actions of trespass where the debt
or damages shall not exceed shall be proceeded in, heard,
and determined, in such Court.

5. That it shall not•be lawful to split d'r divide any cause of
action, for the purpose of trying the same in more suits than
one, but it shall be-lawful for a plaintiff having cause of action
above 151. to abandon the excess, and in such case the judgment
of the Court shall be in full dischb.rge of all, demands of the
plaintiff against the defendant for the same cause of action.
E. That the person appointed assessor shall appoint a proper
person to be Clerk of the Court, removable at his pleasure, and
for the conduct of which Clerk in the execution of his office the
assessor shall be responsible.

7. That all money paid into Court in and• matter therein de-
pending, shall be paid to such Clerk, from whom the assessor
shall take such security as he shall think proper ; and all money
which shall be so received by such Clerk shall be deemed a debt on
record to the King, and be paid accordingly : in case of death or
removal .of such Clerk from-office, such Clerk, his heirs, execu-
tors, or administrators, shall account for th:: money received by
him, and pay over the balance to the Clerk of the Court for the
time kin; ; and in case the same shall not be so paid according
to such order of Court, the assessor shall certify Such-order to
the Court of Exchequer, and the same .shall be made a judg-
ment of that Court, upon which process shall issue -as upon a
judgment for a debt due to the King.-
8. The assessors and Clerks respectively to take oaths for the
faithful execution of office.

9. Tbat all persons having freehold of the yearly rent of 51.
or leasehold of the value of 101. beyond the reserved rent, and
all occupiers of lands or tenements of the yearly rent of 401. • in
England, and 201. in Wales, and occupiers of houses of the

yearly rent of 201,, in cities and market towns, if they are 21
years of age and under 70, shall be decemed qualified and liable
to serve as JUrythen in such COUrts, and tisat truelists of sacis
persons shall be returned to the Juatices of the Peace, and sinsi-
. Jar lists delivered.fri the -Clerki of the County Cotirts, as lists
of persons are required to be delivered qualified to serve on
Ju-
ries at the assizes. . .
10. That the Clerk of the Court Shall summon 24 of the per-
sons so returned, to attend every Court to be holden, of whom
12 shall be a. Jury ; and to secure a proper int4tion of persons
to be so sitirrimoned, the JuStices shall make orderi for the di-
rection of the Sheriffs, with respect to the number .of persons
to be-summoned, and shall vary such orderS at circumstances
may require, regard being alwayS had to a proper rotation of
attendance, and to the places of residence of the persons sum-
moned ; that in default of any JUryman's attendance, it shall
be lawful for the Assessor to fine inch Juryman for his neglect
not exceeding 40s. e: •
11. That the proceeeangS in every such Court shall be by plaint
only, which plaint shall contain the particulars of the demand
in actions of assumpsitenr debt, and in actions of Ijetinue
Trove; the particular gooclife.P* which the demand is made ;
that the defendant shall be 'served with a copy of Cie Plaint
three dayithefore•the holding-of the Court, if he reside
20 mile§ thereof, and four days, if he reside at a greater
tance; and at the foot of such Copy shall be expressed-the par=
ticulars of the plantiff"s demand, if not fully expressed in the
Plaint, and also the time ofholding the Court at which the de-
fendant is required to appear,• anti also•that, in default Of sal,
pearance, judgment will be entered against him &raise sum tie,
mand4l. 411 d if the Assessor shall think fit he May appoint
longer time in particular cases, but not exceeding days. •
I`2. That leaving a copy of a Plaint at the dwelling-house oft he
defendant, or his place of abode or dealing, with his rife, ser-
vant, or other personeand stating the purport thereof, shall bp
deemed good service on the defendant, subject to any objectiot
thereto ,which the Court may deeth sufficient; and that • when
any cause of action Shall arise against persons being partners in
-trade, or otherwise jointly answerable for the plaintiff's de- -
• matid, service of the Plaint on one of such partneris.or penains
jointly answerable shall be good-and sufficient..
13. That the 'Assessor shall appoint within what time the De-
fendant shall appear and plead, and if lie shall not re&pectiVely
appear and plead within such time,the plaintiff shall have jialg-
meat for. the sum demanded, together with his costs, on proof
produced by the plaintiff that such sum is due to bins for the
cause expressed in his Plaint, or for such sum as he shall prove
to be actually due to him ; and the defendant may confess the
justice of the demand by entering his acknowlegment at the
foot of the Plaint that the suns or damages demanded are due,
and thereupon
the
shall be entered for the plaintiff:
14. That if the defendant shall deny the debt, he shall plead
that he does not owe the plaintiff the suns demanded, or any
part thereof, or that he owes only a certain aim which he is
willing to pay, and which he may bring into Court, and the
plaintiff may take the same out without any fee, and may sign
judgment for that sum and the costs, for which costs he shall
have an execution ; and in actions of detinue or trover, the
defendant shall plead only that he is not gailty of the detainer
wherewith he is charged; and shall be at liberty to give special
matter in evidence, and if the defendant claims a right to set off
any demand on the plaintiff, against such plaintiff's demand,
he shall add 10 his plea such claim, with- the nature' and parti-
culars thereof.

15. That if the defendant has made a tender of money to the
131antiff, before a plaint of debt shall Lave been served upon
him, or a tender of damages in a plaint of detinueor troy' r,
he may plead such tender, and bring the money into Court,
which the plaintiff may take out of Court without a fee; and
the defendant shall have judgment for the costs incurred .; and
if the plaintiff shall proceed, notwithstanding-such plea of ten-
der, and payment into Court, and the Jury on the trial. shall
find that the sum so tendered was equal to the debt or damage
due to the-plaintiff, then the plaintiff shall have judgment for
such sum only without costs, and the defendant shall have judg-
ment for his costs against the plaintiff, to be paid out of true
'money so brought into Court, of which the smylus only shall
be paid to the plaintiff; and if the sum so paid in shall rot
be sufficient to pay the. defendant's costs, the defendant shall
have process against the plaintiff for the remainder.
16. That the defendant upon service of the plaint may ten-
der to the person serving it, or to the plaintiff, the money de-
manded, and Cs. for costs of the plaint, and service; if the
same shall be accepted, the defendant, on oath of the fact, shall
have an order of Court to stay all proceedings, and if the plain-
tiff or person serving the plaint shall refuse the morhty so
tendered, the Court shall, on oath of the fact, order. the
proceedings to be stayed, on payment into Court of the money
so demanded, with the cost of the plaint and service, after de-
ductin& the defendant's costs of the application,_ nd which money
the plaintiff may take out of Court without feel end in defaith
of such-payment by the- defendant, the plaintiff shall have
the costs of the application ; that the defendant on filing
his plea shall leave a copy for the plaintiff in the office of the
Cleric of the Court, who shall deliver it to the plaintiff with-
out fee, and issue shall be joined on such plea by the Clerk of
the Court, without further pleading--and the plaintiff shall
proceed • to trial during the sitting of the Court at which the
defendant - shall have pleaded, if circumstances will permit,
and the Judge shall appoint by rule of, Court within what
time the plaintiff shall proceed to- trial, •and in . default of so
proceeding to trial, judgment shall be entered-against the plain-
tiff, as. in case of a nonsuit.

17. That the Clerk of the Court shall summon witnesses on
any trial, and copies of the summons shall ,be served per-
sonally, with a tender of reasonable expences, and if any per-
son so served shall refuse, or wilfully neglect to appear ;' or
shall appear, and refuse to be sworn and give evidence, with-
out sufficient cause shewn, the Judge shall amerce such person
in any sum not exceeding the debt demanded, such amercia-
ment to be recovered by distress and :sale of the offender's
goods, by warrant under the hand and seal of the assessor ;
and for want of such distress, the assessor may commit the of-
fender to prison for any, time not exceedinc, ten days, or until
the offender shall pay the sum so amerced!'
•
18. That on the calling on of each cause:for trial, the Clerk
" of the Court shall put into a box the names of the persons
-returned to serve as Jurors, and shall thercout draw the names
of twelve persons to serve as Jurymen on the trial, and either
party may object to any name or names so drawn, without-as-
signing any reason for the objection ; and: another name or
names shall be drawn in his or their stead, provided that no
such objection shall be allowed, if there shall not remain
sufficient number not objected to, and eapahle of serving as
Jurymen, and in which case the parties shall be allowed to
make only such objections as would be deemed valid on trials
by Jury in other cases. That if there shall not be a sufficient
number of Jurymen in attendance by.reason of sufficient objec-
tions, the assessor shall order the Clerk instattly to return a
sufficient number of persons qualified to serve as Jhryinen, 'ho
shall be then present in Court, or' capable of giving immeditite
attendance • and the Clerk shall make such return 'accordingly
until h sufficient number shall appear, 'so that the trial may be
had ; and if the ground of challenge shall be that the Clerk is
interested in the cause, the return shall be made by a person
appointed by the Assessor, and the persors serving as jurymen-
shall take the usual oath " well and triply to try the issue
joined, and a true verdict give according to the evidence."
19. That if it shall appear the plaintif bath not sufficiently
specified the particulars of his demand, he shall be nonsuited,
unless he consents to waive his demand, and release the defend-
ant for sdniiich of which the partieularS haVe not been suffi-
ciently specified, and the Jury shall consider the residue,the
demand only.
20. That when a verdict is given by the Jury for the plaintiff,
the AssessOr shall sign a memorandum of the judgment, with
an allowance of the costs to be added to the sum for which the
verdict is given, and judgment shall be entered accordingly;
and thereupon the Assessor shall issue his precept hi the na.
ture of a capias ad satisfaciendum, or a fieri facias, -at the elec-
tion of the plaintiff, directed to an officer of the Court, who shall
take the body or goods of the party against whom such precept
shall issue; and' if the judgment or verdict be for the defend:
ant, an allowance of his costs shall be added to the judgment,
and a similar precept shall issue.
21. That if the Assessor of the Court shall be of opinion
that the verdict of the Jury is contrary
,to law, or the evidence
.produced, he shall not be ccmpelled to enter up judgment there-
on, but may direct another .trial at the same or a subsequent
Court, and if a verdict be given for the same party on a second
trial, such verdict shall be conclusive.

22. That no action shall be .brought in 'any other Court upon
any judgment under the provisions of this act; but if a plain-
tiff or defendant shall be out of the jurisdiction of such Court
established by virtue hereof, or shall have effects out of such
jurisdiction, and there shall be judgment against him, or either
of thtm, it shall be lawful' for the. Assessor to direct process
to be executed against such party by the officers of the County
Court within which county the party shall be or shall have
effects. (To be continued.)

PARLIAMENT,

HOUSE OF LORDS, Mancn 27.
The Archbishop of ARMAGH took the oaths
and his seat.

AGRICULTURE.

Lord ASIIBURNIIAM presented a Petition from
twenty-five Parishes in the Eastern parts of the
County of Sussex, complainini of Agricultural
Distress.--Laid on the table.

. Iris Lordship then presented four other Peti-
tions of the same nature from Occupiers of Land
in the tame COunty.--Laid on the table. •
The .Duke of DEVONSHIRE presented a Peti-
tion from the Owners and Occupiers of Land,
in the County of Derby, complaining of Agricul-
tural distress. Laid on the table.

The Earl of SWtFTE3BURY presented a similar
Petition froth certain Occupiers of Land in the
Ccitinty. of Sussex.—Laid on the table.
The •Marquesa of LANSDOWNE presented a
Petitioli,fron the Freeholders and Owners of
Land in the County of Nairn, complaining of the
manner in which the Average.was taken in-that
County.—Laid on the table.