Part 52 (1/2)

The mind is lost in astonishment at the contemplation of a circ.u.mstance, marking, in so strong a degree, the deficiency of this important branch of the jurisprudence of the Country.

Through this new medium we discover one of the many causes of the increase of crimes.--And hence that caution which men in business are compelled to exercise (especially in the Metropolis), to avoid transactions with those who are supposed to be devoid of principle.

Whenever the Laws cannot be promptly executed, at an expence, that will not restrain the worthy and useful part of the Community from the following up their just rights, bad men will multiply. The morals of the People will become more and more corrupted, and the best interests of the State will be endangered.

In a political as well as in a moral point of view, it is an evil that should not be suffered to exist; especially when it can be demonstrated, that a remedy may be applied, without affecting the pecuniary interest of the more reputable part of the Profession of the Law, while it would unquestionably produce a more general diffusion of Emolument.

If, instead of the various inferior Courts for the recovery of debts, (exclusive of the Courts of Conscience) which have been mentioned in this Chapter, and which are of very limited use on account of appeals lying in all actions above 5_l._--the Justices, in General Sessions of the Peace, _specially commissioned_, were to be empowered to hear and determine _finally, by a Jury_, all actions of debt under 50_l._ and to tax the Costs _in proportion to the amount of the Verdict_, great benefits would result to the Public. _At present, the rule is to allow the same cost for forty s.h.i.+llings as for ten thousand pounds!_[184]--It depends only on the length of the pleadings, and not on the value of the action.

[Footnote 184: The following authentic table, divided into four Cla.s.ses, will shew in forcible colours, the evils which arise from there being no distinction between the amount of the sum to be recovered in one action and another, in settling the costs. In the county of Middles.e.x, in the year 1793, the actions for recovering debts stood thus:

Cla.s.ses.

Number of Writs.

of which Bailable.

Executions.

Costs of Actions

undefended at 12_l._ each.

Costs of Actions

defended at 50_l._

each.

Net Amount

of Debts

sued for

.

.

.

1

from 10 to 20_l._

5,719

4,966

753

68,728

285,950

81,791 2

20 to 30_l._

2,267

1,878

389

21,090

113,350

85,675 3

30 to 100_l._

4,367

2,492

1,875

52,404

238,350

237,358 4

.100 & upw.

2,324

1,769

555

27,160

116,200

1,010,379

+------+------+-----+-------+-------+---------

14,677