The evening times., 1898-11-08
ENGLISH LAWS OF DEBTS
Methods of Collecting From
Delinquents in Britain.
MANY ANCIENT STATUTES
Judgments of Civil Courts Not Eff
fective in Scotland, Ireland and
the Isles of Man, Jersey md
Guernsey-lmprison OF Debt
Ors Generally Abandoned.

The humor and oddities of the cOllec-
| ton of debts in England, under laws,
some of which are older than the king
dom itself, are shown in report made
to the State Department by Marshal Hal
stead, United States consul at Birming
/ ham. The report, which is full of the Pc
cuiiarties and vagaries of the English
system, was given out for publication
| yesterday 1t follows:
| 1t is well, perhaps. to state before dis
cussing this subjec; that the law of Eng
land only applies TO England and Wales,
| and that Scotland, Ireland, the isles of
Man. Jersey and Guernsey each has its
own laws, and the judgment of a civil
court in England would be ineffective
! there.
! The collection Of debts may be held TO
! embrace claims arising under wills, deeds
| settlements, intestate estates, infancy,
master and servant. landlord and tenant
| bankruptcy, marriage, fraud and many
| other matters which form a large proper
ton of the litigation calling In aid the
immense Jurisprudence of the country.
| These matters it would be impossible TO
go into in a short disquisition, they
! are in themselves subjects involving a
! large acquaintance with the common law
and statute low of the land, and are
treated Of in some thousands of standard
| works, too numerous even 10 refer TO;
! therefore, I'm writing this article ! shall
refer only to such debts as are incurred
| in the ordinary way of trade and usually
1
| purchaser, or, commercially, between
| manufactures or merchant and customer.
First, then, to recover a claim, proceed
| ings must be taken by the proper person
| and In the country in mi.loh the debt is
owed.
sIt is necessary next to inquire, VINO
! can bring an action to recover a debt?
! The answer is. any person not suffering
! under disability and of fun age. \ per
son bringing an action must be of full
age. that is twenty-one yearS-but an in
! fant may sue by his or her next friend,
! who would have to give security for
costs. \ lunatic could only bring an ac-
tion by MS or her committee appointed
/ by the court. \ married woman may
/ bring an action in her own name in all
matters affecting her separate estate or
/ she may be sued in like manner.
Assuming, then, that there is no disa-
| bility. creditor residing in America can
| bring an action to recover money due in
Great Britain; but II is always open to a
defendant to apply TO the court for secu-
rity for costs from the plaintiff, which
would be granted because the plaintin re-
sides out OF the jurisdiction Of the court,
There is no means OF compelling d debtor
( 10 pay the costs of collecting a debt, un-
! less such costs are incurred in an action
TO recover the money in some court.
Debts are recovered either In the su-
preme court OF judicature. or in the coun-
| ty court OF the district where the defend
ant resides or where the cause OF action
| arises.
The initial step to the recovery OF debt
| is clear statement of the circumstances
under which the claim arises, for the
guidance of the solicitor taking up the
case. accompanied by a detailed account
Of the claim. setting out fully the dates
of claims and the consideration for them.
The name and address Of the plaintiff
| ana OF the defendant, both Christian and
surnames. must be given in full; and il
must be stated. if they are women. wheth-
er married or single In case the Chris
tian name is not given in full, the sex of
the plaintiff or defendant IS required.
| With the instructions for the action. all
documents in writing affecting the claim
and all letters passing between the par
ties, with copies of letters where the
originals cannot be sent and especially
such letters as contain an admission of the
debt, should be sent. In the case of a linn
ited-liabiity company. it can sue and be
sued in the name of the company. The
same remark applies to private firms and
jOint-stock companies; but IL is always
best to give the individual names of mem
bers Of a firm where this is possible, as
the information can be obtained under or
der of the court. and, if ii becomes neces-
sary 10 issue execution. II makes the
duties of the sheriff easier Iii case of
an American firm suing il is well to give
the names of the firm, and, should it be a
joint-stock company, all information as
to its constitution and officers and any
company bylaws under which these Of
ficers act. This information may be asked
for and, if given in the first instance.
the three weeks time of transatlantic
correspondence will have been saved.
in case il should become necessary to
send to England any legal documents in
tended as an authorization or as proof
fsuch as statutory declaration). il is de-
sirable not only to have such document
attested before notary public, but that
officials signature and his authority to
act should be verified by a British con-
sui who will sign and affiX his seal.
BY reference to the Register issued by
the Department of State of the United
States or upon application to the de-
partment itself, the name and place of
residence of the nearest British consul
can be obtained
Having sent these particulars, with
the defendants address to the solicitor
engaged for the plaintiff, an application
is usually made by him in writing for
the payment. which frequently brings
the money or raises the issue between
the parties if there is a dispute
The solicitor will. in case proceedings
become necessary, then decide in what
court they shall be taken. If the amount
involved is large the action will be
brought in the superior court: but if a
small one. in a county court. On action
being taken. debtor usually takes one
of the three courses-he pays the money
defends the action, becomes bankrupt
If he pays the money, he usually
pays only taxed costs. as between party
| and party. and the solicitor would have
some small amounts. not allowed against
a defendant, to charge his client with;
| these would vary according to the work
and trouble.
If defendant puts in a defense to the
| action, he may plead never indebted
| ness" and put the plaintiff to proof of his
| claim, besides getting security for costs.
| If the plaintiff is put to proof he must
either attend the court personally in Eng
| land, or his solicitor must get an order
from the court in England to take his
! evidence under commission by some per-
son appointed by the court. This preced-
| ure involves considerable outlay, as il is
| necessary to settle interrogatories and
| matters relating to the action. and it is
never so satisfactory as personal attend
| ance, because the impression conveyed to
the court by witness often decides the
| fate of the action.
| If proceedings go to trial in a supreme