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upon stich certificate being made, the cause should be set down for the next day of short causes. Where a cause was proper to be heard as a short cause, and the defendant or his solicitor, opposed its being so heard, merely for the purpose of putting off the day of accounting, great inconvenience to the suitor resulted from the rule which required the consent of the solicitor for the defendant to the cause being set down to be heard as a short one; and his Lordship intimated that it might be expedient to lav down a general rule by which that inconvenience might be prevented. Mount/ord v. Cooper, \ Keen, 464.
NEW BILLS IN PARLIAMENT.
SMALL DEBT COURTS.
This is a bill to enable the recorder in certain boroughs to hold a court for the recovery of small debts. It recites that it is expedient to provide for the more cheap and expeditious recovery of small debts; una proposes to enact as follows:
1. That the council of any borough, in and for which a separate court of quarter sessions of the peace is or shall be holden by virtue of any grant made or to be made by his Majesty under and by virtue of the 5 & 6 W. 4, c.76, being "An act to provide for the Regulation of Municipal Corporations in England and Wales," which shall be desirous that a court for the recovery of small debts in a summary way shall be holden in such borough, shall signify the same by petition to bis Majesty in council, setting forth the grounds of the application, what salary is already paid to the recorder, and what additional salary they are willing to pay him in that behalf, and stating whether there" is any court of requests, court of conscience or other court for the recovery of small debts within the said borough s and if so, refering to the act or acts by which the same is established, regulated, or in anywise affected; and thereupon it shall be lawful for his Majesty, if he shall think fit to comply with the request of the said petition, to grant that a court for the recovery of small debts in a summary way shall thenceforth be holden in the said borough, and such court shall be holden accordingly, and shall be called the court of requests of the said borough: provided, that if tne council of such borough shall be desirous that the said court of requests so sought to be established shall be holden at other and more frequent times than the court of sessions of the peace in and for the same borough, they shall signify the same in such petition as aforesaid, or in some subsequent petition, stating the times at which they wish the said court of requests to be holden, and the rateof salary which thev are willing to pay to the deputy Judge of such court in that behalf; and thereupon it shall be lawful for his Majesty, if he shall so think fit, to order and require that the said court of requests shall be holden as well at all sucii and the same times as the court of sessions of the peace in and for the same horough as
at such other and more frequent times as his Majesty shall be pleased to direct.
'2. Judge.—That the recorder of every bo» rough in which any court of requests shall be holden, according to the provisions of this act, shall hold the same at all such and the same times as any court of sessions of the peace shall be holden in and for the same borough, and at such other and more frequent times, if any, as the said recorder in his discretion may think fit, or as his Majesty shall think fit to direct; and such recorder shall sit as the sole Judge of the said court of requests, and shall have, exercise and enjoy, as such Judge, the same powers, privileges and immunities as the Judge of any court of record, and shall have the power to fine or commit for any contempt of court as fully as any court of record: and that every such recorder from time to time may make rules for regulating as well the practice of such court over which he presides as the keeping of the accounts and the registering of the proceedings thereof, and for regulating the duties of the clerk and other officers of the said court, and the management and practice of the office of such clerk; but so that no such rules shall be of force until they shall have been allowed and confirmed by one or more Judges of the superior courts of common law at Westminster.
3. Deputy Judge.—-That in every borough in which his Majesty shall be pleased to direct that such court of requests shall be holden at any other and more frequent times than the court of sessions of the peace in and for the same borough, it shall be lawful for the recorder of the said borough, and he is hereby empowered under his hand and seal, to appoint a deputy, being a barrister of five years' standing,<1 to act for him in his absence j and such deputy shall, in the absence of the recorder, have all such and the same powers as are by this act conferred on the recorder, and shall be styled the Deputy Judge of the Court of Requests of the said borough; and in such case it shall be lawful for his Majesty to direct that a salary at a rate not exceeding that stated in the petition of the council shall be paid to such Deputy Judge by the treasurer of such borough out of the borough fund: Provided nevertheless, that the recorder of every borough in which a court of requests shall be holden according to the provisions of this act, shall and is hereby required, except in the case of sickness or unavoidable absence, to hold the said court at all such and the same times as any court of sessions of the peace shall be holden in and for the satue borough: Provided also, that in the case of sickness or unavoidable absence of such recorder, in case there shall be no such deputy Judge, or of such deputy Judge, such recorder shall he empowered under his hand and seal, with the consent of the council of such borough, to appoint a fit person, being a barrister of five years standing, to act as Judge at the court of
a Power should also be given to appoint a so« licitor of ten years' standing. Ed.
requests then next to, be holdcn, and no longer ar otherwise.
4. The mayor may open and adjourn the court.
5. To be held in Town Hall.
6. Council of the borough to appoint clerk and officers.
7- Duty of clerk. Process how to be signed.
8. Duty of officers.
9. Mode of serving process, &c.
10. Officers responsible.
11. Fine on officers.
12. Officers may be dismissed.
13. Venue. The proceeding against persons acting under this act. Notice of action. General issue. Tender of amends, &c.
14. Table of fees.
15. Table of fees hung up in court.
16. Clerk to account.
17. Clerk of court to pay monies over to the treasurer of the borough.
18. Account of suitors' fund to be made out annually.
19. Fines to be paid over to the treasurer of the borough.
20. Treasurer to enter receipts and payments in a book.
21. Summary remedy against clerk or treasurer for not accounting. Proviso. Remedy by action.
22. Jurisdiction.—That it shall be lawful for every court of requests which shall be holden in any borough under the provisions of this act, and the same is hereby authorized and required to entertain, decide and determine all disputes and differences between party and party for any sum of money not exceeding fi>e pounds in all actions of debt on simple contract arising within such borough, or within
miles of such borough, except as hereinafter contained: Provided always, that in every case provided in this act, the distance of
miles shall be computed by the nearest public road or way by land or water to the boundary of such borough.
23. Debts excluded.—.That nothing in this act contained shall extend or be construed to extend so as to enable any such court to determine or decide the right or title to any lands, tenements or hereditaments, or real estates whatsoever, or to determine or decide any action wherein the title of the freehold or lease for years of any lands, tenements or hereditaments, or of any chattels real whatsoever, or wherein any franchise, privilege or chartered rights of any person or body politic or corporate, or wherein the validity of any bankruptcy shall be brought or come in question, or to entertain or determine any action brought or founded on any bye-law or on any agreement by way of composition for or by way of retainer of tithes, or any action in respect of any rent-charge payable instead of tithes, or any action for the recovery of any debt that shall arise by reason of the occupation of lands, tenements or hereditaments situate elsewhere than within the said borough, or any action for the recovery of any premium on any policy of insurance, or for tiie recovery of any sum
being the balance of any account originally exceeding five pounds, or for the recovery of any sum due for any toll, custom or duties, tax-rate or cess, or for the recovery of any sum or call due in respect of any share in any work or project undertaken or carried on by any company or corporation.
24. Demands not to be split.-r-That nothing herein contained shall extend or be construed to extend so as to enable any plaintiff to split or divide any cause of action where the whole sum that shall happen to he due and owing shall amount to more than five pounds, in order that the same may he made the ground of two or more actions for the purpose of bringing such actions within the jurisdiction of any such court of requests: Provided nevertheless, that if in any action the whole sum that shall appear to be due and owing to the plaintiff from the defendant shall exceed the sum of live pounds, then and in every such case the said recorder shall and may, on such plaintiff adducing satisfactory proof respecting such debt, adjudge, and order such sum to the plaintiff not exceeding five pounds, as to the said recorder shall seem just and reasonable in that behalf, and such sum shall in the judgment or decree of the said court, be declared to be and shall he in full discharge of all demands from the defendant to the plaintiff in respect of such debt or cause of action as aforesaid, and the plaintiff shall be precluded from afterwards proceeding in the same or in any other court for or on account thereof: Provided, that it shall be lawful for every plaintiff, at any time before judgment has been pronounced, to withdraw, his action.
25. Who may sue.—That in every court, of requests that shall be holden in any borough according to the provisions of this act, it shall be lawful for any person whatsoever, whether residing within the said borough or elsewhere, to commence and prosecute any action for any debt due or owing to or demanded by him, either in his own right or in the right of any other person; provided the debt so due, owing or demanded, shall be one for the recovery of which an action may by this act be entertained and determined by such court: And provided further, that the person from whom the said debt shall he due, owing or demanded, or who shall be sought to be charged therewith, shall be subject to the process of the court according to the provisions hereinafter contained.
26. fVho may be sued.—That every person being a burgess of any borough in which a court of requests shall be holden by virtue of this act, and every person residing or inhabiting within the said borough or within seven miles, or keeping or using any house, warehouse, wharf, quay, counting-house, chambers, lodging, office, shop, shed, stall or stand, ship, vessel or boat, or employed working or seeking a livelihood, or trading or dealing within the said borough, or using or frequenting any market in the same, shall he subject to the process of the said court, and may be sued, therein to judgment and execution.
27. Attorneys not privileged.—That no privilege shall be allowed to exempt any person from the jurisdiction of any court of requests on account of his being a barrister, an attorney, or solicitor or any other officer of any court of law or equity at Westminster, or of any other court whatsoever; but that all barristers, attorneys, solicitors and officers shall be subject to the process of every court of requests, in the same manner as any other persons are subject to the same by this act or otherwise, and may be sued therein to judgment and execution.
28. Minors.—That in every borough in which a court of requests shall be holden accordiug to the provisions of this act, in every case where a debt not exceeding five pounds shall have been contracted for necessaries by any person under the age of twenty-one years, being a person subject to the process or the said court of requests according to the provisions of this act, and such debt would be recoverable against such person at his coming of age in any court of common law, it shall be lawful for the person to whom such debt shall be due to sue and recover the same in the said court, in the same manner as if the person by whom the debt shall be contracted were of full age; and that in every case where any wages or other debt not exceeding the sum of five pounds shall be due to any menial servant or other person under the age of tweuty-one years, it shall be lawful for such servant or other person to sue for and recover such wages or debt in such court, in the same manner as if he were of full age, and every such court is hereby fully authorised and required to entertain and determine every action for the recovery of any such debt in the same manner, and shall have such and the same powers in regard thereto as if the plaintiff and defendant were of full age.
29. Action to be commenced by summons Parties may appear without summons.
30. Security for costs.
31. Summons on joint debtors.
32. Notice of set-off to be given.
33. Evidence confined to particulars of de mand or set-off.
34. Statute of limitations available.
35. Subpoena for witnesses.
36. Wituesses' expences.
37. Power to administer oath.
39. No I'gal practitioner allowed.—That no barrister, attorney, solicitor, scrivener or other person practising the law, or any clerk to any such person, shall be permitted to appear or be heard in any court of requests as counsel, attorney, solicitor, or advocate, for or on behalf of any plaintiff or defendant, or any other person, in any action or matter: provided always, that nothing herein contained shall prevent any such barrister, attorney, solicitor, scrivener, clerk or person from appearing and being heard in any action or matter as a party or a witness.
40. Power to adjudicate.—That it shall be lawful for every such court of requests established, in case both parlies shall duly appear
in court, and the same-is hereby authorised and required, to hear and inquire into the disputes and differences in respect of which the action was commenced, and to receive as well the testimony of the parties themselves as all other evidence tendered in their behalf, which shall appear to such court to be material or proper to be received, and to pronounce judgment thereupon, and to make such decrees therein as to the said court may appear just and 1 easonablc, and in such decree to award such sum by way of costs of suit, to be paid by the losing party, as the said court shall in its discretion think fit.
41. If parties do not appear.—That in case the plaintiff shall fail to appear personally or by one of his family, or by such person as the court shall allow, not being a person so prohibited as aforesaid, it shall be lawful for the court to dismiss the case; and in case the defendant shall fail to appear either personally or by one of his family, or by such person as the court shall allow, not being a person so prohibited as aforesaid, and it shall be proved to the satisfaction of the court that the defendant has been duly served with such summons as hereinbefore required, it shall be lawful for the court to proceed in his absence in the same manner as if he had duly appeared.
42. Defendant proceeded against in his absence may stay execution.
43. Power to adjourn.
45. Judgment, &c. to be entered in Judgment book.
46. Time of payment of sums decreed to be paid.
47. All payments to be made to the clerk.
48. Search of Judgment book.
49. Issuing of execution.
50. Debts and costs to be indorsed on precept.
51. Sale of goods taken in execution.
52. Costs of distress.
53. Justice may buck a precept out of the borough.
54. Power to attach wages.
55. Means of enforcing the attachment.
56. Master may move to set it aside.
57. No imprisonment for deItt.—That no person shall be imprisoned by the order of any such Court of Requests, holden according to the provisions of this act, on account of any debt due by him.
58. Except in case of fraud.—That if upon the hearing of any cause it shall appear that the defendant shall have, under false colour or pretence of carrying on business and dealing in the ordinary course of trade, obtained credit from the plaintiff for any goods and chattels with intent to defraud the owner thereof, or that the said defendant shall have made or caused to be made any fraudulent gift, delivery or transfer of any of his money, valuable securities, goods and chattels, or other personal property, or shall have removed or concealed the same with intent to defraud the plaintiff, that then and in every such cose it thail be lawful for the recorder, if he shall New Bills in Parliament. — On granting Degrees at the Legal Examination. 111
think fit so to do, to order that the defendant so offending shall be committed to any gaol or house of correction for uny space of time not exceeding thirty days, unless the plaintiff shall he sooner satisfied.
59. Out of the borough, warrant to be backed by a justice.
60. Action not exceeding 40i. nut to he brought eltewhere.—That no action or suit for any debt not exceeding the sum of forty shillings, and recoverable in any such court of requests holden in any borough shall be brought against any person being a burgess of such borough, or residing or inhabiting within such borough, in any other court whatsoever.
61. When verdict doe* not exceed 40*., De. fen lnnl to huve Coals.—That if upon the trial of any action for the recovery of any debt sued or prosecuted in any of his Majesty's courts at Westminster, or any other court of record, the jury shall find the damages for the plaintiff not exceeding the value of forty shilling*, and it shall appear to the judge before whom such action shull he tried that the debt was recoverable in any court of request* so holden as aforesaid in any borough, and that at the time of commencing such action the defendant was a burgess of such borough, or an inhabitant or resident withiu the same, then and in every such case such jndge shall and he is hereby required tit certify the same upon record; and thereupon the plaintiff shall not be entitled to any costs ot suit whatsoever, anil the defendant shall be entitled to the full costs thereof, and shall have such remedy for recovering the same us any defendant has for costs of suit in other cases by law.
62. This act not to prevent any distress or action for rent under 40s.
63. No certiorari.—That no summons, order, decree, judgment or other proceeding of any such court of requests shall be removed or removable iuto any of His Majesty's Courts at Westminster, or into any other court, by certiorari, or by any other writ or process wbatsorer, except as hereinafter contained.
64. Action above 40*. removable into borough court of record.
65. Plaintiff to proceed within months.
66. Interpretatian clause. Borough. Burgess. County. Recorder. Court of Requests .
ON GRANTING DEGREES AT THE LEGAL EXAMINATION.
To the Editor of the Legal Otierver.
Allow me to express my pleasure on perceiving the subject of Legal Examination Degrees again mooted in your useful publicacation. 1 understand that it was the original intention of the examiners, and of those who had the power of regulating the examination, to have allowed a series of degrees nt-cording to the respective merit of the can.
di dates ; and I have never heard the reason of so well-founded on intention being abandoned. The method of procedure in this respect forms an exception to every other professional examination with which I am acquainted. The Church holds forth collegiate honors to the aspirants.of learniug: the Medical prizemedals prompt the candidates at Surgeon's and Apothecaries' Hall to constant exertions of talent j and yet the Law,—a science the most wearisome and disgusting, and whose Btudy requires the greatest energy and perseverance of mind, and wears down the spirit of the youthful studant with daily disappointments,— has no reward which may tend to invigorate the labours of her votary. True it is, that the temple of honour and fame lies open to him in the distance, sparkling through the sunshine of youthful ambition ; but dark and narrow is the way, and his heart fails him at the prospect; he wants some smaller honors, and more immediate motives, which may afford him a cheering recompense in his daily progress.
"He who would kindle up a mighty fire,
"Begins it with vile straws."
None but men of superior minds and of extraordinary application, will confidently and resolutely push forward to the goal of the great prizes—to the "ultima Thule" of legal distinction, without some of these inducements by the way-side. These little triumphs of success may entice upon the legal field choice spirits, who, instead of remaining in listless obscurity, might tread closely in the vestiges of Dunning, Gifford, and Kenyon.
I submit the following plan to the consideration of the Examiners, or to the Judges of the Superior Courts, if the Examiners have no power to alter the present rules; which plan, though they do not adopt, I trust at least will afford them a hint to establish a regulation of a similar nature.
The candidates, after examination, should be arranged in three separate classes, according to their respective merits, ut the discretion of the board of examiners, and different certificates awarded accordingly. It ought to be optional with the candidates for examination, whether they will stand for honors, or merely pass in the ordinary way; and none should be admitted to honours but those who have regularly declared their intention of trying for them; an unsuccessful candidate for honours, if considered otherwise sufficiently qualified in legal knowledge, should not be debarred from passing under the general examination. Whether the honors should be divided for particular branches of the examination might be considered hereafter—but I think they had much better be confined to the general course. Several of the examiners to whom I have suggested the subject of this letter, agree that its effect will be very beneficial; and from my own knowledge of the habits and feelings of a considerable number of intended candidates, I am become more confident that a stimulus of this kind is wanting. Many of my young friends, whose abilities are of a superior order.
On Coroners' Expenses.—Superior Courts • Lord Chancellor.
exert themselves no more than to obtain just sufficient knowledge to enable them to pats respectably, because, when passed, whether the result of the examination were good or bad, they are equally undistinguished from the general crowd; but if an eminent point were to be gained, they would court difficulty to gain such distinction.
I also propose that in order to reward the industry and talent of articled clerks, the Incorporated Law Society, twice in every year, issue prizes for the best essays, written on certain specified legal and historical subjects; the candidates to be confined to gentlemen who have not passed the examination. 1 earnestly beg the attention of the Board of Examiners to this letter, feeling convinced that they will approve of the principle of my suggestions.
bill passed a committee at a late hour in the
Inquest fee . . .10 0
ON CORONERS- EXPENSES.
T9 the Editor of the Legal Observer.
The thanks of the Coroners are due to you
To an information, charging a breach of
This was an appeal from an order of the Master of the Rolls, allowing a demurrer to an information filed against the mayor, treasurer and councillors of the city of Norwich, which prayed an injunction to restrain them from paying out of the surplus of the city or borough fund expenses, incurred by two of the defendants in defending writs of quo tearranto issued against them; and also from paying expenses incurred at the instance of the council about appointing trustees of the charities of Norwich, formerly vested in the old corporation. The case before the Master of the Rolls, with his Lordship's judgment thereon, is reported in 13 Leg. Obs. 292.
Sir IV. Foltett, Mr. IFigram and Mr. Anderdon for the relators, the appellants. The I have heard that the J questions for the Court's consideration were of