The defendant afterwards obtained an order for further particulars, when an account was delivered under the certificate of a surveyor, who fixed the value of the work done by the plaintiff for the defendant, as follows: Joiner's work, fixed labour only 33 4 3 · 0 8 10 1822. HARSANT V. LARKIN. £33 13 1 The plaintiff then stated, that the above were the further particulars of his demand, as measured and valued by the defendant's surveyor, according to his certificate therein copied, and out of which the plaintiff sought to recover 9l. 7s. 1d.; and for the recovery of which he would avail himself of all or any of the counts in the declaration. At the trial of the cause before Mr. Baron Graham, at the last assizes at Maidstone, the surveyor stated that he had been appointed by the defendant to measure the plaintiff's work; and that the plaintiff and defendant agreed that he should measure the same as between them, and that on such measurement he computed the value of the work to be 331. 13s. 1d. The defendant proved payments made by him to the plaintiff on account of the work, to the amount of 241. 18s. The jury found the value of the work to be 261. only; and accordingly gave a verdict for the plaintiff, damages 17. 2s., instead of the balance of 91. 7s. Id. claimed by him as above stated. Mr. Serjeant Bosanquet, on a former day in this Term, applied for a rule, calling on the plaintiff to shew cause why the defendant should not be at liberty to enter a suggestion upon the roll in this action under the statute 22 Geo. 3. c. 27, (the Rochester Court of Requests Act), sections 12 (u) and 32 (b). He founded his motion on an affidavit of the defendant, which stated, that at the time of the commencement of the present action, he was not indebted to the plaintiff in any sum or sums of money amounting to 40s.; and that at the time of commencing such action the defendant was an inhabitant and resident within the city of Rochester, and liable to be warned and summoned for the debt on account of which a verdict had been given in the said action, before the Court of Requests, mentioned in a certain act of parliament, made in the twenty-second year of Geo. 3, intituled "An act for the more easy and speedy recovery of small debts (a) By which it is enacted, that “it shall be lawful for all persons whomsoever, who now have, or hereafter shall have, any debt or debts, not amounting to the sum of forty shillings, and being upwards of two shillings, owing to them in their own right, or as executors, &c. by or from any person or persons whomsoever, residing, inhabiting, or keeping any shop, &c. or seeking a livelihood, or trading, or dealing within the limits of this act, to apply to the clerk, or deputy clerk to the Court of Requests, who shall make an entry of the cause in the book to be provided and kept for entering the proceedings of the said Court, expressing the names of the parties, and the sum demanded; and shall thereupon make out a summons under his hand, directed to such debtor or debtors, expressing the sum demanded, and on what account or consideration the same is due or demanded, and the name or names of the party or parties demanding the same, thereby requiring such debtor or debtors to appear before the commissioners in the said Court at the next or some subsequent Court, to answer the said tlemand." (b) By which it is enacted, that "no action or suit for any debt not amounting to forty shillings, and being upwards of two shillings, and recoverable by virtue of this act in the said Court of Requests, shall be brought against any person residing or inhabiting within the jurisdiction thereof, in any of his Majesty's Courts of record at Westminster, or elsewhere, or in any Courts whatsoever, other than the said Court of Requests, and the Court Portmote thereinafter mentioned :—and that no suit which shall be commenced in the said Court of Requests, in pursuance of this act, nor any proceedings which shall be had therein, shall or may be removed or removable by certiorari or otherwise into any other Court whatsoever; but that the judgment, decrees, and proceedings of the said Court of Requests, shall be final and conclusive to all intents and purposes." within the city of Rochester, and the parishes of Strood, Frindsbury, Cobham, Shorne, &c. and the ville of Sheerness, in the county of Kent. That such debt was contracted within the city of Rochester; and that this cause was tried at the last Maidstone assizes, when the jury found a verdict for the plaintiff, for the sum of 11. 2s." The learned Serjeant submitted, that this was a case within thestat. 22 Geo. 3, although there was no provision contained therein for entering a suggestion in case of a verdict, but merely a prohibitory clause; if not, still that it fell within the 14th section of the 48 Geo. 3. c. 51; although the 13th section of that statute contained an exception as to any debt for any sum being the balance of an account on demand originally exceeding 5l. (a) (a) By the first section of that statute (after reciting the 22 Geo. 3. c. 27, and that it would greatly tend to the improvement and encouragement of the trade of the city of Rochester, &c. and to the necessary support and protection of useful credit within the same, if the powers of the said act were extended to the recovery of small debts not exceeding five pounds,) it is enacted, that "so much of the said act as confines or restrains the cognizance or jurisdiction of the Court of Requests for the said city and parishes to any debt or debts not exceeding the sum of forty shillings, shall, from and after the 24th June, 1808, be, and the same is thereby repealed." By the 13th section it is enacted, that "nothing in this act contained shall extend, or be construed to extend, so as to enable the commissioners to determine the right or title to any lands, tenements, or hereditaments, or real estates whatsoever, or to judge, determine, or decide on any debt, where the title of the freehold, or lease for years or lives, of any lands, tenements, or bereditaments, or any chattels real whatsoever, shall be brought or come into question, nor any debt which shall not be for the payment of a sum certain ; nor any debt for any sum being the balance of an account on demand originally exceeding five pounds; or to judge, determine, or decide on any debt that shall arise by reason of the occupation of lands, tenements, or hereditaments, situate elsewhere than in the said city or parishes, or one of them, &c.; any thing in the said recited act or this act contained to the contrary thereof notwithstanding." By the 14th section it is enacted, that "if any action or suit shall be commenced in any of his Majesty's Courts of Record at Westminster, for any debt not exceeding the sum of five pounds, and recoverable by virtac 1822. HARSANT v. LARKIN. 1822. HARSANT บ. LARKIN. The jury having found that the plaintiff's original The Court at first doubted whether they would grant the rule; and said they would look into the statutes and cases which had been cited in its support; and on of the said recited act and of this act, or either of them, in the said Court of Requests; then and in every such case, the plaintiff or plaintiffs in such action or suit shall not, by reason of a verdict for him, her, or them, or otherwise, have or be entitled to any costs whatsoever." (a) 8 East, 28.- (b) Id. 347. -(c) 14 East, 301. (e) 1 Taunt. 60. a subsequent day a rule nisi was obtained, against which Mr. Serjeant Taddy now shewed cause. The only question in this case depends on the construction to be put on the statutes 22 Geo. 3. c. 27, and 48 Geo. 3. c. 51. The latter enlarges the powers given by the former, as to the jurisdiction of the Rochester Court of Requests; and the 13th section adopts the terms of the exception in the Southwark Court of Requests Act, as to the operation of which the case of Fountain v. Young is expressly in point. The 14th section applies only to debts not exceeding 51. and recoverable by virtue of either of the above statutes. It is quite clear, that the plaintiff's original demand being above 51., the amount as a balance was not recoverable in the Court constituted by the 48 Geo.3. and the debt contracted was above 40s., consequently the Court of Requests had no jurisdiction under the 22 Geo. 3. It has been said, however, that the defendant is entitled to enter a suggestion under the latter statute, the whole of which must be taken together; and by the first section, under which the Court is constituted, commissioners were appointed to hear, and finally determine, all causes for the recovery of all debts contracted within the city of Rochester, &c. above the sum of 2s. and under the sum of 40s. and by the third section, the commissioners were empowered to hold Courts to hear and determine such causes. The plaintiff's demand did not arise on a debt contracted within the meaning of that statute, as his original demand was 341. 5s. 1d. for work and labour, which had been reduced by subsequent payments. And in Fountain v. Young, Lord Chief Justice Mansfield said (a), "It seems to have been the inten (a) 1 Taunt. 63. 1822. HARSANT LARKIN. |