et Summons's were no lefs as frequently taken out, to shew Caufe why Common Bail, or a Common Appearance should not be accepted, to avoid putting in Bail to the Action. Here was rare Work for the Attornies! It is more easy to conceive, than exprefs, the litigious and vexatious Mischiefs in the Practice, while these Proceedings continued; and yet it was not remedied until the 12 G. 1.

By this Statute the Plaintiff is obliged to make an Affidavit of his Debt or Caufe of Action, and that the Sum due is 10. or upwards, previous to fuing out the Procefs, to hold the Defendant to Bail; for if the Sum is not 10%. the Defendant is not to be arrested, but is to be ferved with a Copy of the Process only, with an English Notice thereto, (for the Procefs ftill continued in Latin) to fhew the Intent of fuch. Service. This was an excellent Law indeed! and worthy of being made perpetual! for it introduced a new and eafy Method of fummoning the Defendant to appear; and through this, as obferved, the Common Bail-Piece was altered in it's Form.

As to the Defendant's Appearance in this Court, where fpecial Bail was not required, it was made by a fhort Note of the Attorney, and is now thus:

* William the First brought in the Norman Language, but the Proceedings were recorded in Latin, being a dead Language, and not fubject to Variation. The French continued till Hill. 36 Ed. 3. when it was abolished, though Notes were much longer continued to be taken in French; and Proceedings continued to be recorded in Latin until 4 Geo. z.

B

B

-. ff. Appearance for C. D. late of W. in the faid County, Yeoman, at the Suit of A. B. R. B.

Which is left with the Filazer, to be entered on his Appearance Roll; and in cafe the Defendant fails to file Common Bail, or enter fuch Appearance, on the Return of the Process, or in eight Days after, this Statute gives the Plaintiff Leave (upon an Affidavit made, and filed of the Service of the Procefs) to appear for him, and to leave a Declaration in the proper Office, and upon giving him Notice to plead thereto, (according to the Rules of the Court) to proceed to Judgment. And this is very reasonable, as in this Cafe the Defendant is in no Refpe&t furprized in the Plaintiff's Procefs, but is, as we may fay, twice fummoned to appear, and defend himself

*

Our ancient Laws were much in Favour of Liberty, and though now a Man can't be arrested in the Courts of Westminster but for 10l, or above, yet it is queftioned, if it would not be better if it was reduced to much lefs, This is fpoke in Favour of Trade; for was a Man under no Fear of Reftraint, it would put a Stop to Credit; and was the Arrest to be for a lefs Sum, the Plaintiff (on whom the Hardship lies, to be forced to take any Remedy for a juft Debt) would be in a fairer Way of getting his Money,

A Man can fooner pay 5 or 67. than 10l. and it was for this Reafon, that about London, a Plaintiff had Recourfe to the Palace Court; which Court for twelve Miles 10und London, and alfo the City Courts for London, held to Bail. for forty Shillings, and above; but now by an Act paffed in the 19th Year of his prefent Majefty, it is enacted, that after the ift of July, 1779, no Perion fhall be arrested or held To Bail upon Procefs iffuing out of any inferior Court for less than 101. fo that now a Man can't be arrested for lefs than 10l. and in fome Counties not under 20l. and in fuch a Cafe, how can it be expected, if the Defendant can't pay his Debt upon the Arreft, he can discharge him

felf

himself against the Plaintiff's Suit, that is once by the Service of the Writ, and next by the Notice

felf from Gaol with the Addition of Cofts? Whereas, had the Arrest been for 4 or 5 1. only, a Defendant might have raised it, or got Friends, much fooner, to relieve him.

But now, as the Arreft is for 10l. a Plaintiff is very unwilling the Defendant should be discharged; and, to punith him, ftill proceeds to prevent it, and thereby increases the Hardship on both; for the Plaintiff's Revenge is fharpened by reafon of his Cofts, and the fame Cofts is an Addition to the Defendant's Debt, and thereby his Discharge is rendered ftill more difficult; for thefe Cofts, upon a Writ of Inquiry, may be 71. or 81. at the leaft; and 147. or 157. if by Verdict on a Trial: generally they are much more,

pro

The not holding a Man to Bail for less than 107, and that by Oath of the Plaintiff, was defigned to favour a Man's Liberty; now fuppofe a Man is ferved with a Copy of a Writ, for a juft Debt of 4 or 5. only, the only Check upon the Defendant for the Non-payment is the growing Cofts; and what is then the Confequence, with refpect to both Parties? The Plaintiff must ceed to Judgment by Inquiry, or Verdict, to prevent his being non-profs'd, and add such large Cofts to his Debt, before he can receive any Benefit by his Suit, that are fufficient to deter any Plaintiff from fuing at all, where the Payment is the leaft doubtful; and 'tis evident an experienced Tradesman will rather lose such a Debt, than rifque a certain great Expence in endeavouring to get it. This is an Occafion for a Defendant to exult, and run in Debt wherever he can get Credit; and as to the Defendant, thofe Cofts are fuch an Addition to a fmall Debt, that it is impoffible to expect a Man, who can't pay 4 or 5 7. fhould pay 15l. or 20l. and if not, his Body, Goods, and Chattels, muft be, and continue to be, liable to be taken in Execution, to the immediate Ruin of himself and Family, and remain a Dif couragement to his future Endeavours, for thefe are large

F

Cofts

Notice of a Declaration being left in the Office; and without this Liberty given to the Plaintiff thus to proceed, he would be in no Capacity of receiving any Benefit by his Suit, nor the Court of giving any Judgment or Relief to him

therein.

However, it may be observed, that this, and many other Methods of the prefent Practice, are quite oppofite and contradictory to the old, established, and fundamental Laws and Customs of the Courts, in many Instances, as may be obferved throughout. (See

Cofts for a poor Man to pay. However, the induftrious Creditor is the greatest Sufferer; his Debt is most often loft, and his Cofts are a certain Addition to it; and it is difficult to point out a Method to fave or prevent it; unless a Plaintiff, by establishing a fmall Debt by Oath, might arreft a Defendant, and after some short Time of Imprisonment, if the Debt was not paid, the Defendant fhould be releafed both from Gaol and the Debt. Such Punishment, when rendered certain, and proportioned to the Debt, might deter the wild, the carelefs, and difhoneft Part of Mankind, from contracting Debts but with an Intent to pay them. Then the Plaintiff would know his Lofs, and be at Liberty, not to add fuch extraordinary Cotts to it, as he now must. It need be no Bar to a Man's giving Bail, and contesting the Suit; and it would prevent fuch long Imprison. ments, for fmall Sums, that poor Prifoners labour under, It would prevent a whole Family's being ruined (as is often the Cafe) by an Execution against the Goods, &c. It is difficult to fay what, but fome such Method might be fubftituted to fave the Plaintiff's Expence in proceeding, who in general is the Sufferer, and the long Imprifonments poor Men molt frequently endure, &c.

poft.)

poft.) However it is an excellent Law, and fhews how much the Proceedings, or Pleadings in a Suit, want to be regulated, and made agreeable to the prefent Mode of Practice, without harbouring fo much Obscurity, and unintelligible References to ancient Matters as they do.

After the Defendant has appeared to the Plaintiff's Procefs, or in cafe the Plaintiff appears for him, according to the above new established Method of Practife, the next regular Proceeding in a Suit is the Plaintiff's Gount, or Declaration, exhibiting his Complaint or Cause of Action; which used, and is now fuppofed, to be done by the Bill or Original Writ, filed in the refpective Courts; though, in fact, neither the one nor the other is but very rarely or ever done, except, as observed, against Prisoners, &c. neither of them being now requifite at the Commencement of a Suit, they being helped by the Statute. And therefore they may, with great Reafon, be laid afide; efpecially, as by what has been faid, and as it will evidently appear, they only (when now occafionally used) tend to the increafing the Expence of the Suit, and multiplying the Proceedings, without the leaft Neceffity for

them.