Recovery of Small Debts. 
HEADS OF A FROPOSED BILL, FOR THE MORE 
UBASY-AND, SPEEDY RECOVERY, OF DEBTS UN- 
ane 15h, UX,.DAE, SUPERIOR COURTS AT 
ais 7” That all actions ‘of indebitatus, as- 
um sit, and debt, upon ‘simple contract, 
above 97° and! der ESE. shall eitnmeride 
by the defendant ‘béitig served with’ a copy 
of a dechiration,: in’ the nature of a plait, 
to! be isstied ‘out’ ofthe court of King’s 
Bench, / Cothmioms Pleas; or; Exchequer, 
- with acnetice to,appear. and plead, thereto, 
stating the; residence of the plaintiff, and 
the amount, jof the debt. sought to be reco- 
yered, 3, the form.of the declaration to be 
given in. the schedule of the act. But no 
action | ‘to be commenced until after the 
plaintiff | has delivered to the defendant the 
particulars ‘of his detiand, in writing, at 
east fourteen: ‘days préceding the commence- 
Lin epi! such action. 
'2)'That‘a precipe’ shall, be) filed with the 
siebaier officer of the court in which the suit 
isycommenced, who.;shall. sign the decla- 
tation:| service to be good if Teft at the de- 
fendant’s place of business or dwelling- 
house, with his wife, child, or servant, of 
at- -least 14 years of age, one week before 
1¢ return. 
‘3. That all process under the act shall be 
returnable before the Chief Justice of the 
Court of King’s Bench or Common Pleas, 
‘or Chief Baron of the Exchequer, on the 
‘first Wednesday in every month. 
4. That arule to plead shall be given, 
and the defendant shall plead within four 
days after the return of the declaration, or 
final judgment may be signed. 
Be, "That if there shall be no plea, final 
judgment may be signed, an affidavit being 
first made of the service of the declaration, 
~and the amount of the debt due, upon which 
“the costs shall be taxed, and an execution 
“issue, BBY 
6, That if the defendant resists the plain- 
| tiff’s demand, he shall plead the general 
‘fssue, and obtain a side-bar rule for leave to 
© give all special matter in evidence; as, a 
» /set-off—bankruptcy—the statute of limita- 
iiers—98 a.tender, &c. A copy of the rule 
10 be eofiverct with the Be and ps the 
matter be a set-off, a cop the 
ogee culars to be also delivered, anid’ thé rule 
’ be ait as evidence of the notice. 
. That upon a plea being received, no- 
Me of trial shall be given, and a record 
made up as a writ of inquiry, to be directed 
to the sheriff, and executed in the same 
manner as writs of inquiry now are, 
8. That the causes shall be tried before 
the under-sheriff, or sheriff’s substitute, in 
“tte second? weeks! in every ‘month, except 
Pie in which |, the, assizes are 
P| 
CR treo 
a 9,,That.: the sl sheriff shall appoint one or 
«Mouser tisv othe Oe ee wor. Af yobers 
-bobnsishay sta enoltsn eeatlt Yo 
scAaR 
549 
more, eiiead stitutes for the trial of causes, in 
such towns'a she UeHaAAN erTul in @oei ey cis 
shall be oiflaredl andappoitited by the judges 
at’ the’ assizés;--and .Such ‘substit¢htess shall 
have ati office?in those towns and), Heine 
for entering’ the causes +, the same, to. be.s 
tered three days exclusively before. the trial, 
10. That, upon the return of ti ui- 
sition, a‘rule for judgment. shall’ sbe” gi, 
and if no cause shown within foltt are 
sive days, the costs to be taxed atid’exectt- 
tion issue. Ons 298 Io 
11, That no writ of error “Shall dnjidny 
case be bronght, and no new: triakshallobe 
allowed, except upon the ‘party applying 
giving security to pay the -amount,of;the 
verdicts and double costs, inthe event, fn a 
second verdict against him. 
12. That a judge shall be appointed, 
who shall be of the degree of the coif,, se 
shall have a control over the proceédin 
summons, with power to change’ thé at by 
grant a new trial, and ‘make: ‘sich sPdors 
therein as he shall think’fit!’ “That he shall 
also act as an assistant to the’\Courts) of 
King’s “Bench and Common > Pleas, ‘jin 
tuking special bail, swearing affidavits, and, 
in term time, hearing summonses in causes 
in those courts and granting orders. 
13. That if any cause shall be tried be- 
fore any of the. judges at nist prius, either 
in London or Westminster, or at the’ as- 
sizes, and which in the opinion of such 
judge ought to have been tried before the 
sheriff, the J udge in his discretion may de- 
prive the plaintiff of the benefit of any costs, 
and give to the defendant double'costss™ '* 
14. That no cause of action shall! be split, 
but a party may wave a part of his demand 
so as to bring it within 15/., giving notice 
imhis declaration of so doing. 
15. The operations of the act to be. re. 
stricted to three years. 
Observations.— The preceding outlines of 
a bill, intended to be submitted to Parlia- 
ment, for the more easy and speedy reco- 
very “of small debts, are submitted to the 
consideration’ of the members of the pro- 
-fession, for their advice and assistance ; and 
any suggestions or observations are requested 
to be sent to Mr. Anderton, secretary to:the 
Metropolitan Law Society, Quality-court, 
 Chancery-lane, on or before the 23d of Ja 
nuary, 1826. And as it is desirable that 
an important measure like that proposed 
should receive the best possible consider- 
ation, before any steps are taken to submit 
it to the legislature, it is intended to con- 
fide the preparing of the bill to a commit- 
tee of fifteen or more respectable practi- 
tioners, who will give their time and atten- 
tion to the subject; and such gentemen as 
are disposed to embark, their services in the 
undertaking, are requested to’ signify the 
same to Mr. Anderton, : as “above. ba 
ma “Vamets 
rau Bay dart T 3 
2 © ey 
SG YS. 340. 
