The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1844-06-11 00:00:00

NEW COUNTY COURTS BILL.

" A Bill (as amended by the Committee) for the more
easy Recovery of small Debts and Demands in the County
Courts of England, prepared and brought in by Sir James
Graham and Mr. Manners Sutton," has been printed by
order of the House of Commons. We have been fa-
voured with a copy for perusal, and as we conceive that
its general effect will be highly beneficial in towns such
as Liverpool, as affording a much greater protection to
the public than now exists against unprincipled debtors,
we supply some of the principal heads.
The preamble states, that for the more easy and speedy
recovery of small debts, it is expedient that the former
acts affecting certain towns and places to that effect should
he amended, and that one rule and manner of proceeding
for the recovery of such debts and demands should pre-
vail throughout England ; that as the ancient county court
has jurisdiction only in actions where the debt is under
403., and the proceedings in the county court•are dilatory
and expensive, it is expedient that the courts established
under those acts, or such of them as ought to be conti-
nued, should be hereafter holden under the provisions of
this act, as branches of the county court. Her Majesty
may order this act to be put in execution in any place in
any county, except in the city of London. Counties may
be divided into districts for the purposes of the act, and
the places of holding the courts fixed or altered from time
to time ; and courts now held for the recovery of small
debts under former acts, may be ordered to be holden
under this act, the proceedings under former acts to be in
the meantime valid. The Lord Chancellor, or in this
county the Chancellor and Council of the Duchy, is to
appoint the judges, each of whom shall be a serjeant or
barrister at law. The judges of the county court, as at
present constituted, to be the first judges of the courts
respectively held as branches of the county court under
this act, if willing to perform the duties ; but the appoint-
ment of the first judge of any such court not to be deemed
an appointment to hold office within the meaning of the
act of 6th Victoria, " For the amendment of the law of
bankruptcy," so as to deprive him of any compensation
under that act. The judge may appoint a deputy during
illness or unavoidable absence, with the same powers.
No judge is to practise as an attorney, but may as a con-
veyancer or solicitor in a court of equity. The Commis-
sioners of her Majesty's Treasury are to appoint treasu-
rers ; and the treasurers of the present county courts shall
be entitled to be first treasurers of the same courts respec-
tively when holden as branches of the county court under
this act, in every case in which a separate treasurer shall
be appointed exclusively for such court. The clerks are
to be attorneys, to be appointed or removed by her Ma-
jesty, and to be paid by fees as provided by the act : as-
sistant clerks, if required, to be provided by the clerks,
and paid out of their fees. The clerks, bailiffs, and offi-
cers of the present courts of request to continue in office;
but if a clerk in one of the courts in the larger towns (in
Schedule A) shall decline, the Commissioners may award
such compensation as they may deem fit under the cir-
cumstances. The treasurer, clerk, and officers are to
give security, and fees are to be taken according to the
schedule annexed to the bill. The judges are to be paid
salaries instead of fees—not to exceed £BOO per annum.
The salaries of judges of the courts of requests are not to
be less than the average net amount of their receipts and the
receipts of their predecessors during the last seven years,
with such reasonable addition as the Commissioners of
the Treasury shall think fit. Compensation to be given
to persons whose emoluments will be diminished ; salaries
may be substituted for fees, and fees to be accounted for
to the treasurer. The treasurer is to provide a court.
house, by hire, purchase, or building ; also prisons, or
part of prisons, under the control of justices : the general
fund for this and other purposes to be raised by a small
sum to be required from plaintiffs on receiving summons
on suit. The courts are to be held once at least every
calendar month. The jurisdiction of the courts to extend
to the sum of £l5 of debt or demand, and no demands to
be split into two or more suits it the amount be above
£l5, but a plaintiff may abandon the excess over that
sum and proceed. Minors may sue for wages to that
amount, and the act extends to the recovery of balances
of partnership accounts under or to that amount. When
the amount claimed exceeds £5, the plaintiff or defendant
may require a jury, making, at the time of giving notice,
a deposit towards the expenses of such jury; the jurors
to be from the list of persons qualified to serve as jurors
in the Courts of Assize and Nisi Prins : no juryman to
serve more than twice in one year. New trials may be
moved for in the superior courts, on certain conditions.
The court may award execution against either body or
goods. Distresses to be within the provisions of 7 and 8
Geo. IV. c. 17. The most important clause is, we think,
the 87th, as follows :
" No person shall remain in custody under any warrant
against the body under the act longer than twenty days for any
sum not greater than twenty shillings, er longer than one day
for every entire shilling contained in the sum mentioned in the
warrant when such sum is greater than twenty shillings ; and
the term of imprisonment shall be in each case determined by
the judge, not being less than twenty days, and shall be expressed
in the warrant." '

The other clauses refer chiefly to the regulation of the
courts, the responsibilities of their officers, gaolers, &c.
The act does not affect the rights and privileges of the
Universities of Oxford and Cambridge. Liverpool and
Manchester are referred to in the schedule of towns which
will come under its operation.—The Guardian Society of
this town will, should it pass• (of which there appears to
be no doubt), find through it a desirable means of re-
straining the scandalous practices of unprincipled per sons
who plunge into debts to tradesmen on false pretences,
without the view or the desire to liquidate them,—the
present law affecting small debtors being quite inadequate
to the proper punisbuient by itoprieontocnt of and& offen-
ders. Appended to the bill is a schedule of the fees to
be paid to the judges, clerks, bailiffs, &c., at each step
in procedure ; and these appear to be moderate.

The Duke of Bridgewater's trustees are carrying out
the swift packet trade on the Bridgewater canal, between
Manchester and Altrincham, with a spirit of determina-
tion and liberality which cannot fail to give satisfaction
to the travelling public. The trustees are intending to
convey passengers between these two towns, a distance of
about eight miles, at sixpence and fourpence respectively
for first and second class passengers, in less than an hour,
thus placing this easy mode of conveyance within the
reach of all parties, and giving to the mercantile commu-
nity a cheap and ready means of access to a delightful
part of the country.
In the annual examinations at Cambridge, which have
just terminated, the names of three gentlemen, natives of
this town, appear in the first class in three of the largest
colleges,—namely, Mr. Lightfoot, of Trinity College,
Mr. Willink, of St. John's, and Mr. Davies, of Corpus
Christi. These gentlemen were all pupils of our Royal
Institution school. In the gerlenl examination also at
the London University, the first silver medal, and the
second certificate of honour, were awarded, its his first
year, to another pupil of the same school, Mr. J. Wood,
son of A. Wood, Esq., of Rochdale ; many of his com-
petitors being students of three or four years' standing at
that university.

ILLICIT DISTILL ATION.—A lad, named John Owens,
was placed at the bar of the Police-office, yesterday, at the
instance of two gentlemen of the excise, having been
found at the house 51, Pugh-street, in charge of an illicit
still, then in full play, making whiskey. The lad, in ex-
planation, said he knew nothing whatever of the person
who rented the house. A few days ago he was gazing
through a shop window, when a man came to him, and
asked him if he wanted employment; he replied in the
affirmative, and was taken to the house where he was
found, and received a shilling per day, which was regu-
larly paid each day, for carrying water, &c. He had no
parents, and resided with his aunt in Paradise-place,
Newhall-street. Mr. Rushton said he had no discretion
in the matter—£3o, or three months' imprisonment.
ENCOURAGEMENT OF YOUTHFUL DEPRAVITY.—At
the Police-court, yesterday, a little boy, named Hunter,
a shop lad with Mr. William Wood, a shoe dealer, was
charged with stealing a pair of shoes, the property of his
employer ; and a woman, named Catherine Vanston, with
receiving the same, knowing them to have been stolen.
The boy, on being severely beaten by his father, confessed
to having been in the habit from time to time of taking
shoes from his master's shop, and selling them to the fe-
male prisoner's husband for 4d. per pair. On searching
the cellar of the female's husband, 26 pairs of shoes, all of
which were deposed to by Mr. Woods as being his pro-
perty, were found. The husband, on the search being
made, absconded. Mr. Davenport, who appeared for the
female, said she was but the agent of the husband. The
prisoners were remanded.

!AVILA-PO(1T. PENITENTIARY.—The annual report of
this most humane and Christian establishment has just
been published. The total number in the house during
the year was 113, thirteen of whom were restored to their
friends, or placed out at service, and forty-four left at
their own suggestion, or were dismissed for disobedience
of rules, and fifty-five were remaining in the house at the
time of issuing the report. It appears that the expendi-
ture of the institution has for several years exceeded its
income by upwards of £l5O per annum. This deficiency
has been met by the sale of a plot of ground held by the
committee, in the hope of being enabled to enlarge the es-
tablishment, but which it had become imperative to dis-
pose of. The debt has by this means been liquidated,
and a balance of £252 7s. 4d. is left in the treasurer's
hands towards the probable deficiency of the current year.
THEATRE-ROYAL.--During the past week we have had
several novelties brought forward at this theatre, the most
taking of which has been the engagement of the celebrated
cantatrice, Madame Dorus Gras ; Signor Salvi, from the
Theatre Italien in Paris ; Miss Poole, and our talented
townsman Mr. E. L. Hime,—the two latter of whom
appeared on Friday evening in Midas and The Agreeable
Surprise, and on Saturday evening in No Song No Sup-
per and Midas ; the former taking part in a miscellaneous
concert, with Mr. Morley, the Misses Coveney, and Mr.
W. J. Hammond. On both evenings there was a fashion-
able and crowded house, which must have gratified the
lessees and performers, as the talent of the latter gratified
the audience, Last night the performances were for the
benefit of Mr. Webster, and the close of the season, upon
the occasion of which an address was delivered by that
gentleman.
MORTGAGED SHIPPING.—A parliamentary return has
just been published of the number of ships wholly or in
part mortgaged in the several ports of London, Liver-
pool, Newcastle, Sunderland, and Hull from 1835 to 1844.
The number of Liverpool ships wholly or partly mortaged
in 1835 was 43; in 1836, 46 ; in 1837, 102; in 1838, 38 ;
in 1839, 37 ; in 1840, 67 ; in 1841, 67; in 1842, 84 ; in 1843,
58; when the aggregate tonnage was 16,851 tons. The ships
mortgaged in this port are proportionately fewer in num-
ber than in most of the places named. In the year 1841,
when the shipping interest was in a most depressed state,
the number of ships in Liverpool upon which mortgages
had been effected was 67, whilst the numberin
and in
under-
land was 117, in Newcastle 72, in London
156,
Hull 10. During the year 1843.. when
,h thell n•
part
umber in
n•
yor
Liverpool was 58, there vi. 69 ere 79 ships
mortgaged in Sunderlandin Newcastle , 120 Lou.edon, and 15 in Hull.