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No greater Costs than by Law allowed, unless Client the said districts; and that for proceedings in the cause sign an Undertaking to pay greater Amount.]-We are all the metropolitan districts should be treated as the of opinion, that where the claim does not exceed 201., it district of the court out of which the process issued. would be desirable, in conformity with the principle of treating these courts in such cases as the fitting tribunal District.]-By these means a reasonable power to com.

The Metropolitan Districts treated as Parts of one for the recovery of small demands, without professional pel a debtor to attend at a court most convenient to his assistance, that no greater sum should be recoverable creditor would be secured, a considerable expense would by the attorney from his client than the fees mentioned be saved to the suitors, and the inconveniences resultin the section, unless the client signs a memorandum, ing from each metropolitan district being treated as to be attested by a witness other than the attorney, foreign to the other would be obviated. undertaking to pay costs on some scale, or for some amount, different from that provided by the statute.

LONDON SMALL DEBTS COURT. 2. With respect to Costs of this Description where the Court should be assimilated to County Courts.]_We Claim exceeds 201., but does not exceed 501.]-There we have already stated that the city of London is ex think, on the principle already referred to, that an from the operation of the statute establishing the county

excepted amount of costs, such as would reasonably compensate courts. A court similar in its constitution to that of the practitioner, should be allowed.

the county court has by a local act been established for 3. With respect to Claims within the Consent Clause.] the recovery of small debts within the limits of the city - In those claims we make the like recommendations of London. The judge and officers are appointed by the as in the last class of cases.

corporation. This court is surrounded by the districts

of various county courts, and is occasionally in comMETROPOLITAN DISTRICTS.

munication with almost every county court in England Inconvenient to treat them as mutually foreign.]—We and Wales. It forms, however, no part of the county have already stated, that in order to establish the court system, but is independent of it, and is regulated system of local administration of justice, the country by its own rules of procedure. Great practical inconhas been divided into several districts, to each of which veniences to the suitors and officers both of that court a county court is attached. Among these districts are and of the county courts are the result. several which may be considered as strictly metropo

We therefore recommend that the Small Debts Court litan. Although they together embrace the metropolis, for the city of London should be assimilated to the exclusive of the city of London, they are treated for all county courts. purposes as foreign to each other, as much as if they were placed at opposite ends of the kingdom. This in

LOCAL COURTS OF RECORD. many cases is productive of great inconvenience. The Among other subjects of inquiry, our attention has boundary line of a district is frequently and necessarily been directed to that of the numerous courts of record traced along the centre of a street, and each side of the established in different places throughout the country. street is therefore in a district foreign to the other. Proceedings in those Courts.]-It appears from the parThe exposition of the practice of the county courts liamentary returns of the 19th May, 1835, and others, which we have already given, with reference to appli- that the jurisdiction of those courts extends to claims of cations to sue out of the district, the transmission and re- different amounts, and that the mode of procedure is in turn of process, and the enforcement of warrants against a very large majority of them similar to that which forthe goods or body of the judgment debtor, will suffi- merly existed in the superior courts antecedent to the ciently shew the justice of the complaints which suitors passing of the Common-law Procedure Act, 1852. In make of the present system of the above districts. those instances the same forms of pleading and the

System unjust to Creditors and burthensome to Debtors.] same minute technicalities are preserved as existed - One consequence of this system is peculiarly produc- previous to the passing of that act. In some few courts tive of injustice to creditors. By the present law the the mode of proceeding provided by the act referred to plaintiff must, as a general rule, sue the debtor in has been introduced by Order in Council. The prothe district of the latter. He is, therefore, frequently ceedings, therefore, of those courts are generally more obliged, at great inconvenience, to go to a court at & expensive and more dilatory than in the superior considerable distance from his own place of business, courts, and, when brought into operation for the recofor the purpose of taking out process, and afterwards very of small sums, are extremely burthensome to the proving his case. This state of the law is contrary to suitor. These courts have a jurisdiction concurrent the general principle, that the debtor should find the with that of the county court. The effect of this state creditor in order to pay him. Although the applica of the law is, that where a defendant is resident within tion of this principle has been in certain cases modified, the local jurisdiction, the plaintiff may sue him either in order to promote the local administration of justice, in the county court or in the local court of record. In yet where the debtor and creditor both reside in the the former court the proceedings are simple and inexsame metropolis the present law appears to have rather pensive-in the latter complicated and costly. If the an opposite tendency. To the debtor also the system plaintiff exercise his option by suing in the latter court, is productive of an increased burthen, in consequence the defendant is compelled to pay a heavy and disproof the proceeding for the recovery of claims being thus portionate amount of costs. The ancient mode of prorendered unnecessarily complicated.

ceeding is preserved in these courts, not for the benefit Plaintiff should have Option to sue in his own District.] of the public, but for the profit of those who practise -To obviate the inconvenience consequent on such a

there, and who gain by the increased amount of costs state of the law, we propose that where a plaintiff incurred. It certainly is desirable that such an anodwells, or carries on business, or has employment in any malous state of the law should not continue. of the districts of the Bloomsbury, Bow, Brompton,

We think that the encouragement now held out to Clerkenwell, Lambeth, Marylebone, Shoreditch, South- the practitioners in those courts, by the amount of costs wark, Westminster, or Whitechapel county courts, he created by proceedings there, should be discontinued. should have the option of suing the defendant in such Principle of placing these Courts under Restrictions district as the law at present permits, or in any of the already recognised by Law.]-By law, if an action be districts wherein he so dwells, carries on business, or brought in the superior court for a claim which is rehas employment, provided that the defendant dwells, coverable in the county court, and for a less sum than carries on business, or has employment in some one of 15l. or 201., according as the claim is founded on tort or contract, the plaintiff, as a general rule, is not entitled county courts as illusory. It has been tried now for to costs, unless a judge of the superior court certifies nearly five years, and has proved an utter failure. that it was a proper case to be tried in the superior The reason is obvious. A man who is about to subcourt. Now, it is not reasonable that these local courts mit his dispute with another party to a court of justice of record should be placed on a higher footing than the is not often in a frame of mind which is calculated to superior courts. The principle of not permitting the lead him, on the one hand, to offer to his adversary local courts of record to entertain suits for the recovery any amicable proposal for settling their mutual difof small sums, and create costs, where, under similar ferences in any particular mode, or, on the other, to circumstances, the plaintiff would not be allowed to entertain any such proposal should it emanate from his recover costs in the superior courts, was recognised adversary. more than thirty-five years ago by the Legislature, The legal advisers are little likely to agree in recomwhen the 58 Geo. 3, c. 30, was passed. By that act it mending any course of proceeding which, in relieving was provided, that in actions of trespass for assault and their respective clients from the heavy costs of the subattery, to be commenced in any court having jurisdic- perior courts, would proportionately be injurious to tion to hold pleas in actions or suits to the amount of their own personal interests. To require the active 40s., other than the superior courts at Westminster, if consent of both parties under these circumstances is, in the jury assessed the damages under 40s. the plaintiff my judgment, an object that cannot be attained; and should recover only the same amount of costs as da- all that can reasonably be expected or required is, that mages. This provision became necessary, as the dif- the county court should not have jurisdiction unless ferent statutes previously passed on the subject of costs, the parties passively consent. except the statute of James I, did not apply to inferior I submit, therefore, that the present mode of concourts of record. The mischiefs, therefore, of onerous ferring jurisdiction on the county courts by consent and vexatious litigation, which had to a certain extent ought to be abrogated; and that, in lieu thereof, those been restrained by the statutes relating to the superior courts ought to be empowered to determine all legal courts, continue in their most objectionable form in the disputes, of whatever nature or amount, excepting acinferior courts of record. It is not improbable that if tions for criminal conversation, provided that neither the state of the law on this subject had been drawn to of the litigating parties raises any objection to such the attention of the Legislature when the 9 & 10 Vict. jurisdiction. c. 95, was in progress through Parliament, some provi- The plaintiff, of course, will not have recourse to the sion would have been introduced to extend the opera- county court unless he prefers that tribunal to the tion of that act to the inferior courts of record.

courts of Westminster Hall; and in order to afford Courts to be assimilated to Superior Courts with rela. ample opportunity to the defendant of objecting to the tion to Costs.]-We therefore recommend that the same

jurisdiction, I propose that the summons, in every case law should be adopted with reference both to the super should be personally served, and should, moreover;

which is beyond the ordinary jurisdiction of the court, rior courts at Westminster and to the inferior courts of record. If, therefore, in any of those courts a less contain a distinct notice that the defendant has a right som than 51. in tort, or 201. in contract, be recovered, to object to the jurisdiction of the county court, and to the plaintiff should be entitled to no costs, unless the have the cause tried in such one of the superior courts judge of the court shall certify that it was a proper to that effect to the clerk of the county court within a

as he thinks fit to specify, on giving a written notice case to be tried there.

We humbly submit this our first report to your certain number of days after service.
Majesty's royal consideration.

The clerk, on the receipt of such a notice, should be
JOHN ROMILLY. (L.S.)

required forthwith to transmit the proceedings to the WILLIAM ERLE. (L.S.)

superior court specified, and the entry of the plaint in CHARLES CROMPTON. (L.S.)

the county court should be regarded for all purposes as HENRY FITZROY.

the commencement of the action. The clerk should (L.S.) HENRY S. KEATING. (L.S.)

also send notice to the plaintiff of the defendant's obJohn HERBERT KOE. (L.S.)

jection.
A. S. DOWLING.
(L.S.)

To this plan I have heard only two objections raised*.
I approve of this report,

The first is, that the defendant might not read the

summons, and consequently might not be aware of his
subject to the observations
J. PITT TAYLOR,

contained in the annexed power to remove the proceedings.
paper.

I confess that I am not much struck with the weight

(L.S.) J. R. MULLINGS. (L.S.)

of this objection. If there be anything in it, the prac

tice of judgment by default, which prevails in the soDated the 31st March, 1855.

perior courts, must be of the essence of injustice. In the one case, the carelessness of the defendant may

subject him to the evil of having judgment pronounced OBSERVATIONS BY MR. J. PITT TAYLOR. against him in a county court after trial; in the other, On the following points I have the misfortune to court without any trial at all. This argument, at least,

it will render him liable to a like result in the superior differ from the majority of the commissioners :

can scarcely be urged by gentlemen who,“ with regard Jurisdiction by Consent. ] - In the principal Report to sums above 201. where the claim is founded on the following passage occurs, (ante, p. 264):

contract,” entertain an opinion “that the practice of “We think, however, that the provisions of the sta- judgment by default may be beneficially introduced" tute” (13 & 14 Vict. c. 61, s. 17)" as to the mode in into the county courts. (See Report, ante, p. 285), which the consent of parties is required to be given should continue.”

(To be continued). From this recommendation I dissent. Under the statute, the consent necessary to confer jurisdiction on the county courts in matters beyond their ordinary to combat are such as have come to my knowledge, whether

* The objections and arguments which I have attempted jurisdiction must be drawn up in the shape of a memo

urged by individual commissioners or by persons unconnected randum, to be signed by both parties, or by their attor- with the commission. Other reasons for rejecting my pronies, prior to the commencement of the action.

I regard this mode of conferring jurisdiction on the parale, may of course exist, but I have not heard them ad

21

Allen, Birmingham, builder.-- William Partridge the elder, Manchester, merchant, July 27 at 12, Manchester, aud. ac.Birmingham, builder.-William Keates, Uttoxeter, Stafford- | Edward Laurance Kyle, Reading, licensed victualler, Aug. 6 shire, ironmonger.

at half-past 12, London, div.-George Frederick Lillicrap, PETITION ANNULLED.

Bishopsgate-st. Within, grocer, Aug. 6 at 1, London, div. William Bridgewater, Cheltenham, Gloucestershire, coal Matthew Richmond Steele, Leicester, linendraper, Aug. 8.at merchant.

half-past ll, London, div.- Edward Logsdon, Hatfield, Hertfordshire, baker, Aug. 8 at 11, London, div.-- Charles

Frederick Tibbs, America-square, shipowner, Aug. 8 at 11, TUESDAY, July 17.

London, div.-Thomas Holder, Macclesfield, silk throwster, BANKRUPTS.

Aug. 9 at 12, Manchester, div.-Wm. Tweddle, Liverpool, JOB WILLIAM MEEARS, Croydon, Surrey, dealer and soap boiler, Aug. 7 at 11, Liverpool, div.-David Little, chapman, July 30 at half past 11, and Sept. 1 at half past Etheridge and George Monck Berkley Michell

, Liverpool,

Liverpool, merchant, Aug. 10 at 11, Liverpool, div.-John 12, London : Off. Ass. Pennell; Sol. Taylor, 27 A, Buck- insurance brokers, Aug. 6 at 11, Liverpool, div.-William

lersbury.-Pet. f. July 13. JOHN ELLIS and CHARLES ELLIS, Briston, Surrey, Parrall, West Derby, cattle salesman, Aug. 8 at 11, Liverbuilders, July 27 and Aug. 24 at 2, London: Off. Ass.

pool, div. Whitmore; Sol. Jones, 9, Quality-court, Chancery-lane. To be allowed, unless Cause be shewn to the contrary on or

CERTIFICATES.
Pet. f. July 13.
WILLIAM WOOD, late of High-street, Shadwell, then of

before the Day of Meeting. Whitechapel-road, and now of Wells-street, South Hackney, John Kennedy, Aldersgate-street, printer, Aug. 6 at halfgrocer, Aug. 2 at 11, and Aug. 31 at 1, London: Off. Ass. past 11, London.---William Nehemiah Parsson, Gravel-lane,

Whitmore; Sol. Bevan, 6, Old Jewry.-Pet. f. July 13. Southwark, millwright, Aug. 11 at 11, London.-Wm. HarGEORGE WILD, Oxford-street, grocer, Aug. 2 and 31 at ris Paul, Lawrence-lane, Cheapside, clothing manufacturer,

12, London: Off. Ass. Cannan; Sol. Holmer, 24, Buck- Aug. 7 at 11, London.--James Taymouth, Taunton, stalersbury.- Pet. f. July 9.

tioner, Aug. 7 at 11, Exeter.-Walter Horton and Joseph THOMAS KERLEY, senior, Itchen Ferry, Southampton, Horton, Wednesbury, Staffordshire, timber merchants, Aug.

dealer and chapman, July 28 at 1, and Aug. 25 at half-past 13 at half-past 10, Birmingham.-Wm. Hancock, Talk-o'. 12, London: Off. Ass. Cannan; Sols. Trinder & Eyre, 1, th’-hill, Staffordshire, builder, Aug. 9 at half-past 10, BirJohn-street, Bedford-row ; Sharp, Southampton.-Pet. f. mingham.-C. Massingham, Birmingham, wholesale jeweller, July 13.

Aug. 13 at half-past 10, Birmingham.-James Power, WolTHOMAS TOYNBEE, Slough, Buckinghamshire, horse verhampton, stonemasou, Ang. 13 at half.past 10, Bir

dealer, July 28 and Aug. 31 at ll, London: Off. Ass. mingham. - John Biddle, Leicester, glove manufacturer, Cannan; Sol. Empson, 61, Moorgate-street. — Pet. f. Aug. 14 at 10, Nottingham. June 18.

To be granted, unless an Appeal be duly entered. JOSEPH DENT and ROBERT DENT, Atherstone, War

Catherine Dixon, Lymington, Southampton, tailor.-Wm. wickshire, dealers and chapmen, July 27 and Aug. 17 at Hoe, Bishopsgate-street Without, stationer.—Thomas Grist, ii, Birmingham : Off. Ass. Bittleston; Sols. Power & Salisbury, clothier.John Lofts, Strand, printer.- Henry Pilgrim, Atherstone; Hodgson, Birmingham. - Pet. d.

Oborne Box, Dursley, Gloucestershire, woollendraper.-Geo. June 29.

Edward Neal, Penbury, Kent, innkeeper.—Abraham Davis, ROBERT LYNHAM COURTNEY, West Bromwich, auc

Tottenham-court-road, hardwareman.-Ann Gregory, Livertioneer, July 30 and Aug. 20 at half-past 10, Birmingham : pool, licensed victualler.--Henry George Cable, Goswell-st., OF. Ass, Bittleston ; Sols. Duignan & Hemmant, Walsall.

Clerkenwell, draper.-Wm. Whitehouse Granger Garrett, Pet. d. July 10.

Rathbone-place, Oxford-st., export oilman.-Robert Ingham, WILLIAM POOLE, Kingston-upon-Hull, provision mer

Rawtenstall, Lancashire, power-loom cloth manufacturer.chant, Aug. 1 and 22 at 12, Kingston-upon-Hull: Off. Jas. Dalton, Newton-heath, near Manchester, emery grinder. Ass. Carrick; Sol. Vollans, Hull.- Pet. d. July 4.

- Samuel Makant, Henfield, Whalley, Lancashire, cotton ISAAC DENTON, Horton, Bradford, draper, Aug. 3 and spinner.-Wm. Finchett, Chorlton-upon- Medlock, Manches

Sept. 7 at 11, Leeds: Of. Ass. Young; Sols. Rawson & ter, brewer.-Hugh Hart, Hulme, timber merchant.-Walter

Co., Bradford; Bond & Barwick, Leeds.-Pet. d. July 13. Graham, Brookhouse-fields, Blackburn, draper.-Joseph S. JOHN CRIPPIN and WILLIAM ROBINSON FORS, Arwidsson, Kingston-upon-Hull

, ship chandler.-E. Weston, TER, Rock Ferry, Cheshire, and Liverpool, dealers and Dudley, hosier. Thos. Fowkes, Redditch, Worcestershire, chapmen, July 30 and Aug. 20 at 11, Liverpool : Off

. Ass. innkeeper. - James Cartwright, Birmingham, factor.John Cazenove ; Sols. Evans & Son, Liverpool.- Pet. f. July 2. Webber, Birmingham, grocer. JOHN GRESTY, Liverpool, dealer and chapman, July 27

and Aug. 24 at 11, Liverpool: Off. Ass. Turner; Sols. Evans & Son, Liverpool ; Abrahams, 23, Southampton.

COMMISSIONER TO ADMINISTER OATHS IN CHANCERY.buildings, Chancery-lane.-Pet. f. July 9.

The Lord Chancellor has appointed George Augustus FRANCIS LLOYD BAYLEY and SAMUEL MILLNER Woodforde, gent., of Castle Cary and Ilminster, Somer

BARTON, Manchester, dealers and chapmen, July 27 and setshire, to be a Commissioner to administer oaths in
Aug. 31 at 12, Manchester : Off. Ass. Hernaman; Sols. the High Court of Chancery in England.
Higson & Robinson, Manchester. Pet. f. July 6.
THOMAS BOSTOCK, Manchester, maker-up and packer,

The Right Hon. Sir John Jervis, Knt., Lord Chief July 30 and Aug. 21 at 12, Manchester: Of. Ass. Fraser; Justice of her Majesty's Court of Common Pleas at Sol. Potter, Manchester.-Pet. f. July 14.

Westminster, has appointed James Thorneley, gent., MEETINGS,

of Liverpool, to be Perpetual Commissioner for taking John Darcy and Richard Dierden, Sutton, Lancashire, ried women, in and for the county of Lancaster.

the acknowledgments of deeds to be executed by maralkali manufacturers, July 30 at 11, Liverpool, last ex.-John P. Marsh, Bishopsgate-street, wool broker, Aug. 10 at halfpast 12, London, aud. ac. and div.-George Fred. Rossiter,

In 1 vol. 12mo., price 88. boards, London: wall, wholesale clotbier, July 27 at half-past al. Lon: | A TREATISE on the LAWis relating to FACTORS and butcher, July 27 at half-past 1, London, aud. ac.-Joseph Regulations, &c. By JOHN A. RUSSELL, B.A., of Gray's-inn, King, North Audley-street, Grosvenor-square, coach builder,

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on the LAW OF MORT, Hexham, July 27 at 11, Newcastle-upon-Tyne, aud. ac.-Samuel Flood pendix of Statutes and Forms. By LEONARD SHELFORD, Esq., and Harry B. Lott, Honiton. Devonshire, bankers, Aug. 2 at

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