Star.
London, England, 1831-08-05 00:00:00

DELAY OF LAW SUITS' PREVENTION.

Lord Wynford has just presented a bill to the
House of Lords, entitled " A bill to diminish the
expense and prevent the delay of suits in the com-
mon law courts at Westminster." The preamble
says, " Whereas it is expedient that the expenses
of suits in the common law courts of Westminster
should be diminished, and that parties should be
restrained from bringing vexatious or unnecessary
actions, or preventing or delaying justice by false
or frivolous pleas."
It then proceeds to enact, that in all actions in
the common law courts at Westminster after the
term hereinmentioned, any party may give the
other notice for the production of documents for
inspection at a time and. place to be appointed ac-
cording to the rules herciamentioned.
That documents produced be distinguished as
copies or as originals.
That parties be not obliged to admit documents
unless at the inspection they aro allowed to com-
pare them.
The manner of proceeding if the party re-
quired to inspect documents does not give con-
sent -to admit them on the trial, and the service,
ece. thereof.

It further provides, that there be proceeding by
interrogatories before a commissioner to be ap-
pointed for that purpose : That any plaintiff or
defendant in any action may, with leave of the said
Court, or some judge thereof, nt any time after the
writ is served on any defendant, deliver interroga-
, torielito the opposite party or parties for the dis-
covery of any facts or documents material to the
support or defence of the suit, or to the proving or
reducing damages either on a trial or on the exe-
. cution of a writ of inquiry, and may require such
opposite party or parties, by notice in writing, to
be examined on oath before some commissioner to
'be appointed by the Chief Justice or Chief Boma
' of the Court in which the action shall be brought,
to answer on oath to such interrogatories ; and
the Chief Justice and Chief Baron are hereby au-
..

thorixed to appoint such commissioner : provided
always, that uo party shall be obliged to answer
any such interrogatories, unless there shall at the
time when they shall be delivered to such party be
i annexed to such interrogatories an affidavit of the
interrogating party himself, and his attorney or
agent, stating that the deponents believe that the
' party will derive material benefit on the trial or in-
quiry of damages from the discovery which such
party seeks.
ICommissioner to be authorized to administer an
oath.

That persons •sweariag falsely be indicted for
perjury.
That the Court be empowered, upon reading the
examinations, to require the plaintiff to put in bail
for payment of the costs of the action ; or to order
judgment to be entered for the plaintiff, unless the
defendant shall put in bail for the amount of the
debt and 1001. costs ; or, if the action is for Cie re-
covery of lands, as a security for the costs of the
action and the &livery of the lands.
As to the manner of proceeding where the facts
are admitted, tand the case turns on asquestion of
law, Bc. be it further enacted, that if it shall ap-
pear to the court in whist► any action shall be
brought, on :eading the examination of tha parties

in any case, that all the facts necessary for the de-
cision
of the cause are adjoined, and that the case
turns on a question or questions of law, such court
shall, after hearing the questions argued, give
judgment for the plaintiff or defendant for the debt
or damages to be recovered, if such debt or the
amount of such damages be admitted, or, if the
action be brought for the recovery of the possession
of any interest in any lands, tenements, or heredi-
tament., for the recovery of the lands, tenements,
or hereditaments for which such action shall be
breught, and shall issue execution on the judgment
so given as if such judgment had been pronounced
Ass verdict or on demurrey er if dm union be for
dameget whit* are not ascertained, shall oder a
Writ of bilk to be issautior the Ingerteinsessty
of such a
and on thi team el male grrir
shall sign t and wird execution fat tbe
damages found on the execution of such writ of
inquiry, &c.
That a particular of the plaintiff's demand be
given to the sheriff's officer, who shall deliver the
same to the defendant upon execution of the
writ, &c.

As to staying the proceedings, it provides, that
any defendant or defendants may, within ten days
from the time of his or her arrest, or of being
served with process, take out a summons to stay
the proceedings in the action, on the payment of
the debt, or on delivering up of the possession of
the lands, tenements, or hereditaments, or goods or
chattels, for which the action is brought, at such
time as the judge before whom the parties shall be
heard on such last mentioned summons shall
order ; and such judge shall have authority, on do
defendant or defendants, within four days from the
time of the hearing before such judge, &c.
SPIRIT OF THIS DAY'S JOURNALS.

MORNING CHRONICLE.—A trial has taken place
at the Kilkenny Assists, of two Roman Catholic gentlemen,
fora conspiracy to compel a clergyman to lower lsis
The Jury were exclusively Protestants. They were con-
victed, and the Judge (Johnson) sentenced them to twelve
months' imprisonment, and a fine of 501. each. The severity
of the sentence will strike most of our readers. The Dublin
Morning Register says—" These gentlemen appear to be
men of high and spotless character. It is proved that the
public tranquillity owes them a great deal. They offended
without knowing they did." But with the Judges of this
country, the last consideration is the guilt of prisoners.
They mat about them to see what offences are epidemical at
the time, and woe to the prisoner who happens to have corn.
mitted an epidemical offence or crime. Sheep•stealing, for
instance, happens to be on the increase "we must make
examples" (say they), and no mercy for sheep-stealers that
year. Tithes, as our readers well know, are at present a
very ticklish property in Ireland. If report is to be believed,
the people have generally refused to pay them; and at
the sales there are use bidden; so that it Jumbo. found
oecessary, in some oases, to eontey the goods taken
the tithes to England. Tithe offences are, thereto*, at
present peculiarly obnoxious ; and hence, by way of example,
and to cure country gentlemen of their disinclination to pay
tithes, this enormously severe sentence. At another time
the same offence might have escaped with a fine of five pounds.
If the power of judges in such a case extended to hanging.
they would have thought an execution or two beneficial to
arrest the progress of the evil. We are much mistaken,
however, if the extraordinary severity of this sentence do not
add to the hostility to the tithe system. Where the deter-
mination to resist the exaction of tithes is almost universal,
punishment most be unavailing. One effect, however, will
be produced ; individuals in the rank of gentlemen will be
more cautious in their proceedings. But they may proceed
with more caution, and yet with equal effect.
TIMES.—The nomination of clergymen as justices of
the peace has done more to produce dissent from the church
of England than my one can conceive, and is fraught with
incalculable evil to the community. What have the clergy
become but conservators of game, and, in the eyes of the
easily prejudiced peasantry, not charitable mediators between
man and man, the shield of the weak, and Instructor of the
nnoppressiveenfitttri instruments of the wealthy,daind
jirsels.uenttllty the
te
thrownli of
rmowrne "into themr"Cylut;f the.
higher ranks, and consequently become the means of in.
grafting on their character, and of instilling into their
minds, the peculiar actions and notions of those classes. It
has dissipated that simplicity of nature, humbleness of
heart, and meekness of disposition, which ought to
be the governing principles in the solemn and sacred thane.
ter of a minister of heaven. Ido not myself say that the
clergy are incompetent for the performance of those temporal
duties, but it is the opinion of those who come in contact
with clerical magistrates, that they are supercilious, con-
ceited of their book-learning, self-opiniated, and possess in
general but a shallow and crude notion of common
sense, and are too often slaves to the wishes and feelings
of those whom they may deem their superiors. That a
prejudice does exist against clerical magistracy, be it
founded in fact or on false inferences, is sufficient, in
my opinion, to authorize the Chancellor to pause in their
appointments. The elegy ought, like Cissar's wife, to be
above suspicion. They, in the first place, assume the office
of soothers of affliction, of spiritual intercessors ; but they
adopt that of the stern majesty of justice, and exercise the
strong arm and the iron hand that must crush and over-
whelm the penitent as well as the hardened offender. The
severstion of the duties of the clergy of the church of Eng-
land from those of the sacred office has been the greatest
bane to the morals and religious feelings of the lower ranks
of society In the provinces; they look upon the reverend
justice as one that has lost his " caste." Let the evil be
remedied by striking every clergyman out of the commission
of the peace.
HERALD—Mr. Sergeant Andrews has been indulging
in a general tirade against the newspapers of the metropolis,
to the no small edification of the good people of Maidstone.
The censure or the praise of Sergeant Andrews would be a
matter of very little consequence, estimated either by the
weight of his character or the force of his talents ; but,
as mere impudence is calculated to give currency to
falsehood, it sometimes becomes necessary, for the sake
of truth Itself, to notice the most empty declaimers,
when they misrepresent the character of the daily Press.
" Great; said the Learned Sergeant, " is the injury
to . private character from the licetitiousness of the
Press of the metroltolis." He was prosecuting the
Brighton Guardian at the time. Now this lugging in
of the metropolitan press on a charge with which it had no
concern was duns purposely far display, to show how sore
he could feel, like WIC/ great men, who would have cut a
more respectable figure if they had kept their complaints to
themselves. It is, however, a notorious and admitted fact
that there never was a period when the daily press of this
country was so free from all personal and slanderous attacks
as the present. But there are always& set of little wretched
pettifogging politick's" st the bar, ready to copy the defects
of men more important than themselves. To be celebrated
fur the same virulence against the Press which once distin-
guished Sir James Scariett, and has latterly seized on Sir
Robert Peel, is certainly to approach these eminent persons
in one respect ; and we may congratulate their present Hot-
tator at have already succeeded to as great an extent as ever
Nature designed he should do in the imitation of men of
taloa.
TIMES.--There sums no dsubt now, that the obstinacy
of the Kin of Holland will lead to a war, or at least pre.