The Sun.
London, England, 1820-01-17 00:00:00

SMALL DEBTS BILL.

MR, EDITOR---MV last Address stated the na-
ture and Constitution of the Courts about to be
established for the more easy Recovery of Small
Debts, and in pursuance of promise, the Forms
0f process and Pleading, as regard both Plaintiff
'llnd Defendatt, are now submitted to notice.

The Bill in contemplation, provides, that there
shall be four Courts at least, holden yearly in
each County, for the speedy recovery of Small
nebts, at such times and places, as the Justices
of the Peace shall think proper to order, each
Court to be holden in the County.
That the proceedings shall be by * PLAINT Only,
and that such Court may hold Plea of Debt by
specialty, as well as simple contract, if such Debt
by specialty shall be for payment of a sum
terrain.

That the Plaint for Debt shall state for what
specific sum the demand is made, and specify the
pirriculars of such demand—and if it be for De-
home or Trorer, then in such Plaint shall be spe-
cified, the particular goods for which the demand
is made, and further that such Courts shall not
hold Pleas where the damage demanded ex-
ceeds 201,

That the Defendant in every Plaint, shall be
served with a copy thereof, three days before the
holding of the Court, if he resides within 20 miles
of the Court so to be holden, and four days if be
t'es►des 20 miles or more therefrom : and at the
!not 01 such copy shall be stated the particulars
of the Plaintiff's demand, if not fully expressed
in the Plaint, and also ►be time of holding the
Court, and also a no►ice that in default of ap-
pearance, judgment will be entered against De-
fendant.

That the Judge of every Court shall appoint
svithin what time the Defendant shall appear, and
plead, and in default of such appearance and
pleading the Plaintiff to have judgment and costs,
on his Making oath before the Judge of the sum

due to him.
That the Defendant shall be permitted to con-
fess the justice of the Plaintiff's demand, and to
toter his acknowledgment thereof upon the Plaint,
whereupon judgment shall be entered for the
Plaintiff.

That to a Plaint of Debt, the Defendant shall
plead he does not owe the sum demanded, or any
part thereof, or, that he owes only a certain slim,
Which he is willing to pay, and which sun► ha
may bring into Court, and the Plaintiff may take
it out without Fee, and may have exect'tion for
Costs: and in a Plaint of Detinue or Troyer, the
Defendant shall plead Not Guilty, and may give
any special matter in evidence.--But, it Defen-
dant claims a right of set off, be shall add to his
Ilea the particulars of the demand, which be
tiaims as a set off against the Plaintiff's demand.

That if the Defendant has made a tender of
Money to the Plaintiff, before a Plaint of 13.!bt
Las been served upon him, or a tender of damages
before a Plaint in Detinue or Troyer, he may
PPleat)'sneh tinnier, and bring the money into
Court, which the PlAintiff may take out without
l'ee, and the Dendant shall have jadgrnent for the
And, it Plaintiff shall (trotted notwithstand-
ing the plea of tender and payment into Court, and
the Jury shall tiail that trie sour tendered was equal
to the debt or damage due, the plaintiff to have
Judgment for such sum wily without costs, and
attendant to have judgment fur his costs, to be
Paid out of the money. so brought into Court, as
tar as the sane will extend, and the surplus of
loch money, if any, to be paid to the Plaintiff ;,
out if the sum paid into Court snail be insufficient
to Pay Defendant's casts, he shall have process
against the Plaintiff for the remainder.

That the Defendant, upon service of the Plaint,
430 tender to the person serving him, or to the
~'l4l,"titt the money expressed in such Plaint,
.7c,"" the costs of such service ; and if the Nam-
''`' iiceepts the same, the Defendant on oath
thereof may have an order of Court to stay pro-
ceedings.
And if the Plaintiff reuses to receive
the
st,t,"TneY so tendered, the proceedings to be
oft paying into Court the money demanded
"'I toe costs incurred, after dcdiletiog the 1-)e-
-411(14111's costs, and which money rise Plaintiff may
take out of Court without Fee ; but in default of
"ell payment by the Defendant, the Plaintiff
Shall have the costs of the application.
That the Defendaot, on filing a plea, shall leave
a Copy thertof for the Plaintiff, in the office of
"It Clerk of the Court, who shall deliver it to the
Plaintiff without Fee, and issue shall be joined by
the Clerk on the plea so filed ; and be Plaintiff
61)4 proceed to Trial during the Sitting of the
Court at which the Defendant has pleaded ; and
the Judge shall appoint by tole of Court, within
what time the Yi3intiti shall so proceed to Trial,
and in default of his so proceeding to Trial, judg-
ment shall be entered against him as in the case
of a Nonsuit.

my next communication will tletail the pro-
!e,iii,g, before the Court, the mode of seeming
Sittdenee, impanueling the July, Hearing or
rtikti 01 the Cutise, Verdict, Judgment, and
Execution.
rtnipie, idu. 17, 18:0.

W. M--N.

----
' PL,INT is distinguishable from original writs, which
issue from the Crown ;Is tlk Fountain ot Justice; for upon
the Plaint tendered in Court to the Judge, the party com-
l./1;166'1g is entitled to the Administratioo of Justice, without
/
11,%Ieellt",ice of Mandatory Process fr,,in the liing' by original
'''to as lb the pritutiee in supkria Loulli.