The Sun.
London, England, 1821-03-30 00:00:00

SMALL DEBTS.

ABSTRACT of a BILL • for • PREVENTING DELAYS
and EXPENCES in the PROCEEDINGS • of COUNTY
COURTS, and for more EASY and SPEEDY- RECO-
VERY of SMALL DEBTS in ENGLAND and WALES.
(Concluded from our Paper of Wednesday.)

. 23. Enacts, That if the party against whom there shall be
a judgment, shall desire to discharge himsellfrom it, he 1:lay
pay the debt and costs into Court, before process shall issue on
the judgment, and the money so paid shall be paid to the other
party witlnsut fee. „ .

24. That if the plaintiffahall not be resident Within the juris-
diction of the Court, he shall deposit 20s. with the Clerk, to
a.nswersiich'eosts as may be awarded to the tlefaldant, or shall
enter into a recognizance in the penal skim 'of M. as a security
for such costs; and such recognizance' may be put in suit
against him, in any Court ander this Act; within whose juris-
diction such person shall b; or shall have effects; and in default
of such thposit or recognizance, judgment shall be -for the de-
fendant, and the defentiant shall have execution forthe costs ;
and if a-plaintiff shiill benensuited, or shall :,:uffer judgment as
in case of a nensuit, be shall not enter a fresh plaint against
the defendant, until payment of the costs °Me -former plaint.
• • ••
21 That ii ,there shall. be a jUdgment.:-f.igainst. any. party not
satisfied, and .judgmentin.favoilF of the Same partt aganst the
other party, process shall issne...on the judgment' for the larger
after deducting the smaller; -and Satisfaction shall be
entered up on the judgment for the smaller sum.
26. That if it shall appear to the Assessor and Jury, on the
trial of a cause, to be reasonable to allow time to the defendant
to. pay any debt by instalinents, it shall be lawful, to take
from any other person or persons pmerit in Court, security by
way of. _recognizance for such, payments, tine if default shall
be male in such payments, process shall be awarded against

For Instructions for a Summons setting
forth pc.rticulars of the demand -
For entering Judgment without Trial
If the Plaint shall be for astatement of
facts to serve as brief - -
For Summons for Witnesses -
For entering Judgment after Trial
For Precept in execution - .
The Bailiff shall receive
For serving a Plaint and return---'-
For taking aelinowledgMent of demand
m writing - - -
For receiving Money, and giving a Re-
ceipt, and paying it over
•- 1 2 0
For executing Precept in execution 265 tO
For summoning a Witness - -- 10 2
M: 'That it-shall be lawful for tliefOiirt.to alto.
travelling ClitirgeS in Stith 'eases,. and tindu such_ c
as to the Court Shall'seeni.fit.' • • •' •

Id 6
50

5 0
2 I;
jo
5 0

1 0

1 0

1 1-0 j
10 fi'

10 fil 1 0
5 10
10 6,1 1
10 6.1 1 0

ij 3..‘q0 4. 0

I 0 30,040

ft) 3 010 4 0
7:-61 10 6
id 3 010 4 0

iw resoaable
iri:inustalces

33. That the fees to the officers for executing a capias; or
_fieri faCias; shall be paid by the party suing out the same, -the
fees for the lien facts,: to be added to the sum to be levied ; that
if a capias is awarded, and the party taken. on it; he shall pay
the fees for the precept and-arrest, as well as the sum for which
the writ issued ; and that in all cases in which the stun reco-
vered shall not exceed 305., the assessor shall not • allow to the
plaintiff any costs • for the attendance of any attorney on
his behalf, nor shall such attorney demand any fee from his
client in such case, unless the - assessor shall certify that there
was a probable cause of action for, more than-40s.

•
34. That if it - shall appear to the Justices at Quarter Ses-
sions, that the fees to the assessors, or other officers, ought to
be increased or diminished, it shall be lawful for them make
an order in Session for the increase or diminution of such fees,
subject to the approbation of the Chief Justices and Judges of
the King's Bench and Common Pleas, and the Barons of the
Exchequer ; and it shall be further lawful for the-justices to
direct a salary to be allowed to the assessor in. addition to.his.

•
• tees, and to be paid out of the county rates. T •
35.. That when the debt for which judgment is given is less
than the sum demanded by the plaint, the defendant's 'costs
shall be such as would have teen to be paid if the sum demand-
ed had been only to the amount of the debt recov,red.

3G. That Etc Clerk of every Court, • befbre he receives any
fee, shall give a note in writing; expressing for what the &Lille
is demanded.

. .
37. That every Attorney, before he receives any'money for
fete paid, or business clone, shall deliver a note or bill in writ-
ing, with the particulars of tae business done and the fees de-
manded, and shall sign a receipt when the same is paid ; and
that no person shall be' allowed to spLnk as advocate in ealy
cause, motion, or matter-depending, except the admitted- A:-
tornies on the list ; and th.-..t Counsel may be hehrd on behalf
of any party, but no extra fee shall be allowed on that account
in taxation of costs.

33. That if any Clerk of the Court; of Attorney, shall offend
against the provisions Of the Act, it shall he lawfut for Cie .3,4-
scssor to impose a fine, hot exceeding 4.75, to be levied on Ins
goods and chattels, or the party .injured may proceed against
the .O render by indictment.' . • • .
39; That Writs of Error shall lay upon judgments in the
said Courts ; but that if judgment shad be affirmed, the su-
perior Courts may award -costs and interest uponflic affirm,
ance, but that nu such Writ of Error shall be a stly of execu-
tion,- sinless the person bringing the same .shall
security by recognizance to prosecute the said-Writ of Error
with eff4t, and to satisfy the debt, damages, and costs.
40. The. Affirmation of quakers to be- taken as an bath, and
persons convicted of perjury to be liable to the penalties

tereof.

41. The general issue may be pleatl-A in any. action against
the Assessor, Clerk, or other Officer of the Court, for any thing
done under the authority of this Act, and he or thermay give
the Act with the special matter in evidence ' - and if a verdict or
judgment .be for the defendant, he shall be entitled to treble
costs. •

.42. That if any action is brought after the sth of July, 1821,
in any of the Courts at Westminster, the great sessions ih
Wales, Durham, Chester, or LanCaster, for any 'matter for
which proceedings -might have been had in any Court un-
der this act, and a verdict shall he given for the plaintiff for
a sum not exceeding £l5, the plaintiff shall have judg-
ment for such sum only . without costs, -arA shall have exe-
cution only by firri faeias, and not be at liberty to Ming any
action afterwards on the judgment, unless the Judge who tried
the cause shall certify that there was probable cause of action
for more than .4:15, or reasonable ground for-bringing such ac-
tion in such other Court. • , .

43. That no privilev shall be allowed to excrnpt any attor-
ney, or other officer ct his Majesty's Courts at Wesuniuster,
or any other Court, from the jurisdiotion of any 'Couit esta-
blished by virtue of this Act; and that the same shall not ex-
tend to the County of Middlesex, or the City of London. .•
44. That if the nomination and appointment of any assessor
shall be made by gift, proinise, or reward, to any'slieriff, or by
any agreement for money, or other valuable thing, directly or
indirectly to the sheriff, such assessor, and sheriff, and others
assisting to procure such nomination and appointment, shall be
guilty of a muiderneanor, and the office shall become .void upon
conviction.' •

45. That for all other purposes than the trial of causes, the
County Courts shall continue 'to be holden 'as heretofore; and
the act to continue in force till the sth July, 1826.