Report From the Select Committee on the Recovery of Small Debts, in England and Wales, 1823 (Classic Reprint)
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Excerpt from Report From the Select Committee on the Recovery of Small Debts, in England and Wales, 1823 It is perfectly well known, that one of the first principles of the ancient jurisprudence of this Kingdom was, that justice should be placed within the reach of every one of the inhabitants, by bringing it home to their doors, and thus saving them from the inconvenience and expense, which must necessarily be incurred when the courts in which their rights are decided are held at a distance from their dwellings. In order to effect this very important object inferior courts were established throughout the country, under the denomination of Courts baron, Hundred courts, and County courts. In these last, the Bishop, and the Earl of the county, were accustomed originally to sit, and every cause, of whatever magnitude, was decided. Their jurisdiction, however, was restricted by the statute of Gloucester, in the 6th of Edward I. to causes under the amount of forty shillings, and they have gradually fallen very much into disuse since that time. If, however, a court being held at too great a distance from a man´s dwelling is a great inconvenience to him, it is a much greater inconvenience if the proceedings, by which he is to recover that which is his right, are so expensive, that the sum for which he sues bears no proportion to the expense by which it is to be recovered. In this case, the inconvenience amounts to an absolute denial of justice. This appears to be the case in all debts under fifteen pounds, according to the present law of England. Every witness whom the Committee have examined agrees in stating, that no prudent tradesman ever thinks it for his interest to sue for any debt below this sum. They have received this evidence, not merely from tradesmen who might be suspected of exaggerating their grievances, but from persons engaged in the profession of the law, and especially from one gentleman, who was very actively engaged in opposition to a measure, introduced in a former session of Parliament, for the purpose of establishing courts for the more easy recovery of small debts. The causes which produce this very disproportionate expense are, that there is no difference in the form of the proceedings, whatever may be the amount of the sum sued for: the pleadings may be as voluminous in an action for the recovery of a few shillings, as in one for the recovery of a hundred pounds. The defendant also possesses the same means of interposing vexatious delays, by all those modes of protracted litigation, which the wisdom of our law has given him, for his protection in those cases in which the largest sum of money is at stake. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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