The evening times., 1898-11-08

w II k111 I'M KY. ~ LkJ II
client costs to his own solicitor (the de-
fendant only paying taxed costs as be-
tween party and party) ]but if unsuccess-
ful, he would have tlis own costs and
those of the defendant also to pay and
these costs vary and hrefaffected by the
number of witnesses and the amount of
evidence adduced at the trial.
Only very clear and important cases
should be fought out to the bitter end.
and undertaken only after having obtain
ed the best legal advice
1t frequently. and indeed most fire.
quently, happens that the proceedings
in a superior court begin and end with
the writ of summons, which costs frC m
three to five pounds ($1460 to S24.S3)
Having obtained judgment. the next
proceeding is to obtain satisfaction of the
debt. either by process against the de-
fendant's person or his goods.
Imprisonment for debt, except in
small county court cases, is done away
with in England. In a small county
court judgments and executions can be
issued against the person, after a sum
mons has been issued and heard by the
judge for commitment. The Js1se hears
the evidence as to defendants position,
and then makes such an order as deten-
dant's means will allow, such as 5s. or
los a month, and in default of payment,
a committal is usually made for tWe"ty-
one days to the debtors prison of the dis
trict
Where a defendant has goods, such
as furniture or other effects, these may
be seized, under an execution executed In
the superior court cases, by the sheFlh,
who holds the money recovered for four
.ssal, IN "
cy petition might be filed by or against
the debtor
Where ii is known that money Is owed
n debtor. 1t is possible to attach the mon
ey in or towards satisfaction of the dept,
and a garnishee summons is issued
against the person owing the money TO
the debtor, which is heard by the regis
trar of the court who usually maheS d
garnishee order on proof Of the indebted
ness of the debtor.
Where a debtor becomes bankrupt
he has to file accounts and submit at
once to an examination before the orlciai
receiver in bankruptcy, who publlsheS To
each one of the creditors a statement OF
the debtors assets and liabilities ana ms
accounts OF the reason of his failure 10
meet his engagements; and in the course
of a few weeks after filing such accounts
as the court considers necessary, ne Is
examined in open court before the judge
who does not give him discharge uhiess
his position is solely in consequence Oh
misfortune. and in no case teNcept with
the consent of the creditorsD unless ms
estate paws at least los. in the pound, or
80 per cent.
In nine cases out of ten, if a defendant
becomes insolvent the best course Is TO
accept composition on the debt IN
preference TO the bankruptcy, as II sell
dom happens that an estate yields much
for the creditors after the expenses OF tue
bankruptcy are paid.
1t sometimes happens that goods seized
in execution are claimed by third persons,
and in such a case the. ownership OF the
goods is tried upon an interpleader sum-
mons before the judge, who hears eVl-
dence and makes such order as the facts
warrant Such claims are frequently
made where the man and his wife both
carry on separate businesses. Ii Is very
important TO know that by virtue of the
statute of limitations, the right to bring
an action on simple-contract debts is bar
red in England, after six years from the
last payment on account or from the last
payment OF interest on debt, and that
a defense Of the statute is bar to the
action where 1t is properly pleaded.
If an action is brought on a bill of eX-
change unless the defendant disputes
the signature. there is no defense to 1t,
and Judgment may be obtained snmmarily;
so that where bin of exchange or some
admission of the debt can be obtained, II
facilitates recovery considerably.
1t not infrequently happens that an exc
cution issued by the sheriff is met with a
bill of sale, and if this Is regular and
properly registered. there is no alternative
but 10 withdraw. Executions are also fire.
quently defeated by n landlord. who has
a prior claim to rent. within certain limits.
There are trade gaZettes published i'll
England which give a list Of ALL bills OF
sale registered and Of all bankruptcies,
county-court judgments, and other mat
ters. and as these are issued weekly. the
commercial world is pretty we'll posted as
to the status of its debtors.
Legal proceedings for the recovery OF
debts in England are somewhat perplexing
and slow, but the courts and officers are
absolutely beyon- reproach. so far as
justice and integrity are concerned
The above article, treating in condensed
form and for American use of the practi-
cal points of law and methods of proce-
dure for the collection of business debts
here. was prepared, with my aid and sug-
gestive assistance. by my vice consul,
F. NJ. Burton, Esq. who Is also an Eng
lish solicitor and has had much practice
In that line.