The Sun.
London, England, 1819-04-19 00:00:00

FOR THE SUN.

RECOVERY OF SMALL DEBTS.
MR. Eorroa—Folly admitting the necessity
which you sate for establishing some new and
distinct jurisdiction for the more sperdy Recovery
of Smull Debts, I crave pertui•sion, as a practical
Lawyer, to offer a few suggestions and remarks

in support of my opinions on the subject.
It has often occurred to me, that the grievous
charges attendant on Late proceedings tall much
too heavily on Suitors arid Defendants in actions
for the recovery of small Sums, and I have long
felt a'conviction, that it would be consistent with
justice and economy to establish provisions for
aiding ,the Plaintiff anti relieving the Defendant
against the borthen of costs, which, for minor
claims, always exceed the amount sued tor, if
the proceedings are conducted in any of his Ma-
jesty's Courts at Westminster It has too often
occurred, that when Attornies have been resorted
to for the recovery of Debts, however small, they
have encouraged suits in the Superior Conris, and
the parties to those suits have,been subjected to
legal charges and demands beyond any expect a-
' tion which they had tonne(' %viten the suits were
commenced. The impressioe of my mind is, that
some general Legislative me;isioe should be esta-
blished tart, o4hoot the kingdoms for the speedy
Recovery of Small Debts at a trifling expense.
The present practice of arrest on Mesne Process
being limited to Debts for 151. and toowards, or
10/ on notes and bills, I would submit that ail
minor claims should be referred to a specific tri-
bunal for sionmary decision, and that the Credi-
tor should be restrained front pr,ceeding in any
other mode for the recovery of such minor claims ;
for if the electron be left to the Creditor, he will
too frequently be induced to pursue that course
which is most expensive, and whereby the defen-
dant may be hurthen with costs ; and the inabi-
lity of the Defendant to pay them will compel sob-
miision to imprisonment, which is okays inju-
rious to both Creditor and Debtor.
The various Courts of Reepo sts locally establish-
ed for the recov,ty sit small debts, the County
Courts for the like purpose, and the fit isdiction
of the Marshalsea Court or King's Pal.ace, have
not produced the beneficial effects which their ori-
ginal intention aimed at. The powers have been
eithei abused or unequal to their object ; and it
cannot be hoped that good results trill always
arise where'it is possible that aboses 11l 4 prevail.
And when it is considered that 30 or 401. may at-
tend the progress of a snit for recovering 405., it
is t• vidently desit able that some legislative pro-
vision !boob! guard against the possibility of such

a grievance.
The Courts of Requests, or Cowts of Con-
science (as they are called), give a Creditor the
power of imprisonment over his Debtor for as
many dayi as the latter owes shillings, its cases to
the amount of 51. ; so that if a Debter is taken
in execution for that sum, he is detained 100
days, at the expiration of which, he cannot avail
himself of the insolvent Act, because mot confined
upon one suit a sufficient period to take the be-
nefit of that Statute. He is moreover liable to
be taken in execution by another Creditor for
a similar sum, and to remain another 100 days.
And if be has several other Creditors for small
slims who pursue the like course, and Charge him
successively and alternately in execution for each
debt, he may be many months in prison without
hopes of relief till he has meted out the number
of days, according to the amount of the several
and respective debts. Such a case occurred re-
cently at Croydon, and my visit to the Debtor
confined there, enabled rue to obtain .personally
from him the facts on which these Otisei vistionS
are founded.
The proceedings in the Marshalsea Court uni-
formly produce at' expellee equal to and often ex-
ceeding the amount of the debt sued for, if miller
15/. ; and although it may be a public conve-
nience to have access to such a Court in the va-
cation, when the other Courts are shut, that af-
fords no argument for a! Inching costs wholly
disproportionate to the amount of debts stied
for : a more limited jurisdiction therefore seems
desirable.
It is in evidence, that in cases of Debt sued for
in ditfetent Courts, having general and separate
jurisdictions, the Costs frequently excee:l the
amount of such Debt. The following cases are
selected front that most important document, the
Lords' Committees' Report on Imprisonment for
Cinil Debt
Debt, 231.; Costs, 291.—Debt, 29/4 Costs, 471. Bs. These
two cases are given with reference to the Superior Courts.—
The following apply to minor cases:—Debt, la; Costs,
15/. ss.—Debt, 131.; Costs, 161. The following are also in
direct evidence of the necessity of some effectual cliange
iu
the system of suing for small debts:--A widow, 65 years of
age, owed 7s. for linen goods, and was imprisoned. The
Costs were 9!. tss. llrl., atilt Prison Fees, 1/. 155.; Total,
11/.175. I ld.—Another widow, aged 56, was imprisoned for
a debt of 7e. 4d. fur flour. Costs, 01.135. lid., rczs,„,

TI-1E SUN.

- ---
lOLEM QLYIs PICERE FALit,M AUDEAT ?

LONDON ,
MONDAY, APRIL 19, 1819.

We receive►l yesterday the Paris Papers of
Thursday last. Those of Friday, which were
due this morning, have not arrived.

Iu the Chamber of Deputies on Wednesday,
the discussion was opened on the Projet respect-
ing the Offences of the Press.
M. 'AISNE? DE VILLEVESQUR, who was the first
speaker inscribed to speak against the Projet, did
not oppose the principle of it, but objected r.. the
vague definitions given of the different species of
offences described in several of the articles, and
particularly to the discretionary jurisdiction given
to the Correctional Police. 14ie proposed, there-
fore, a variety of amendments. M. CHABRON DE
SOLILHAC supported the Projet, as tending to re-
press the, licentiousness of the press, whilst it
afforded s►►fficient freedom of discusSion ; but he re-
gretted that there should be no article consecrated
to religion, particularly in a document commenciug
with Louis by time Grace, of God, and proposed an
amendment with reference to this point to punish
any attack upon the religion of the State, or upon
any other mode of worship. M. BrtNi.onts
CONSTANT observed, that this w►as at least the

twentieth projet with regard to the liberty of the
press, which had been discussed within 30 years.
He proceeded, thoupb inscribed to speak against
the Projet, to express his approbation of
its principle ; but he objected to the wording
of a number of the articles,and his speech, which

was of great length, consisted entirely of an
examination of the Projet, article by article, in
many of which he suggested amendtmnts,upu the
adoption or relection of which it depended whe-
ther he should ultimately support or oppose, the
Projet. •I‘l. JACQUINOT BE PpbaireorN Also fing •
Bested a number of amendments, ‘Nhich, in order
that they might be hilly understood, he bad
caused to be printed and distributed to the Mem-
bers., and he merely ;Ascended the Tribune to
refer to his primed Stgoll'lLlt. M. 13ENJAMIN

CONSTA had not hit upon the expemen,
having his amendments ready printed, and the
PRESIDENT observed upon the necessity of ha"
ing them printed, and of time being given for
their tonsideration. The list of speakers inscribed
being exhausted, several Niembers called for the
closing of the discussion ; but it appearing thBt
two speakers were inscribed, %silo, from being st"
sent, had not had their turn in the Tribune,
was at length agreed to adjourn the discussion OIL
Thursday. would appear that there is veil
little desire or inclination in the Chamber -to (65'
cuss this l'rojet, there being fewer speakers
scribed to speak upon it than upon almost s°l,
other question that has been made a subject or•
deliberation.
• The Journal du Commerce of Thursday has the
following paragraph ;—" A private lettr frogs
Bordeaux announces the arrest of two or thre6
individuals. It is said that these persons al:
charged with private enlistments, and diitributiOs,
pretended brevets, bearing the date of 1815."
'The RusSian Students in the German Uoi4ers.7
ties are stated to have all received orders to,: "I
I
II
them, and pi oceed to finish their studies eithci
France, the Netherland,, or Switzerland.

FIVR PER CENTS.
Wednesday f. 2y c.

DEFERRED STOCK.
Of the 42(1 March, 1817, B4 r. s 5 c•
3.?
(1 Sept. 1817,
22.1 March, 1818; BO f. 95 c.
22d Sept. 1818,
22d March, 1819, 771.. ...... 6. , .

EXCHANGE ON LONDoN•
One Month • 3f.65 C.
Three out h 5......•231. 4;4e.

05TCND, APRIL 17.—Yie Packet TIOW 1116
Conte
)ads conveys to -England livoNArtorss ftvrrs
lessor, Physician, and Look, just arrived
Rome. About 7' P. M., yestetdny, we had a 5":11,
den squall of wind trout the West, attenied
thunder and lightning.

Tiilg.

We have this day taken an article from
511ani"
in order to an'
-
a
tßhnerritus:piaNt r
alsri7iße
to fb)y which our Journal is.e terdAy,
to Abuse °:
mated, We arc as much adverse
other Governments as the Conductor of tlifi-
P4Prr can be, nor are we at all offen °ded at
censure which he passes on us in another part
his Paper, for our remat ks on the danger I":
%soul,' probably attend an unroof Willed Freed"n7
hi'"
of the Press in France. We ogree
also, in condemning the indecency 83 Well 83 ill'
also,
justice with which the London Journals in ge"e°
rat attack the Governments of other countries.--'
But France stands in a peculiar situation.
was the immediate source of those princi'lci:
which have shaken every mdod ie fabric on ear"-P
and she retains her bosom no sto/11)::
Lion of the same destructive ;natter. if
principles have not only overtanetl of
thwnrs, and weakened the foundati"°.
,10
all, rn
but have actually unsettled tbe
of the lower models of peo!,le e
Country. We have, therefore, a righpP nrit,o4
has every o:her Country, to t0...k
disgust on every change of Government
lest it should be actuated by the cool kig' 5:11( 0)10
structive spirit of JacogiNism. we hare Sa.L
much self-defence, but We are ‘ollloa to I",iit
the Editor of THE 13111T1H MONIP'II it'll r;
to
for good intentions both to this ContorY b
4
France, and We are also willintx to defer tti:irsr
a
knowledge and experience in Fre"rb con'
and as to the several Parties
tending for pre-eminence in that Cnnn 1'
11d 004
thereby disturbing tile mind of a .vise Bbr
r
Kin';, who has been enlightened, not 'currtolog
the lessons which he learnediW the Sc
11(Vtott%
Adversity, and who, we doubt ”or, has
re of
more sincerely at heart (lon the .07e1i5
France and the tranquillity of Europe.

It i 4
---w ...-- ~, 0/a•
TuR DtP-tR '
recoveriii, A " Y°llN--The D"ke -r t. °
Royal Ili-ofei y fast nom his late ticci'llilisines;
113)111(1‘3(':;1.11:11:nsTolo)RifsnS'ai CASTLE,i:eI rli.l'atilti;ilL 3.1117%::—51 11::::°113.1":411?:()31:1::4C- :ere
:
he ,i , '''"" is enAlett to alien(' I° sa!) 1114
Duke of York conti.ues to recover, farooial);e'b"esi•
tto
,-..0F,G01t•
~ p. NIACu-- 55 tbe
Doke
WINDsoR cAsTLE, Aeillul6.--His Royal fiig"e- 0,,,4
.'
of I.elis• hal rr.sted comfortably chitin; the rilglit'
or
is better thi• 111°1.111,1g.
......--...0.1.;...---
The l'iumcs REGF.NT is "elx);t:cl:lCetl°ltt:G'reitkturls
trom lit ighton about the middle of next "eieii. bf
The PRINK'S 11FGRNT'S •ACI4t, Collittlan(lV- ,ti
the Flon. CtIARLEs I'AGrT,) we turtle,' b*efs
be ready for the reception of his RoVtil 1.1"-)1 if'
about the'llii,ldle of neXt mriotti. It is Cottfideleg
ly expected that the itt,:G6NT will honour C''tc,,,'
with a visit this seas,ol, it beiTn: the It":lSglii
tern of tbe 'Yacht Cloh. of w i'rb his Rol,
"."'
ness is patron. —(flompsl ire l'elegraph.)
Out Satorihy Ci,sint t'ALMe.L.LA, the - ° ir
F' ell:
ti'lese Acohass;idor. set 0:1t front bii residepet" e
South Andley street 'for Paris. It ig '1111)(7:0#
hat his Excc-lieliev i.,, goina ih;ther on floffit4W'
. O
litical business, sg it iS I eported that tbe •-•-„pes
,feign of PORTUGAL. is about tu return to Eitlr-

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