While Portugal, with anger then,
Plays down another single ten:

At which the gamesters seem'd to smile,
And stood amaz'd a little while:
But, when he some excuse did make,
They pass'd it by, as a mistake.
Venice at last for Holland bets,
And holds ten-thousand pounds o'th set.
France offers now to part the stakes,
And Spain the self same proffer makes:
But England will to neither stand,
For all the honour's in their hands.
France plays a trump about to try,
In whose hand, all the rest did lie:
Which he soon finds unto his cost,
When Spain, perceiving all was lost,

Throws down his cards, and gives the set for gone,
Bavaria takes it up, and plays it on.

But England trumps about, and so the game is won.
France seizes on those stakes he'd made from Spain,
But Germany recovers all again.

Thus ends the game which Europe has in view,
Which by the stars may happen to be true.

}

REASONS

HUMBLY OFFERED TO BOTH HOUSES OF PARLIAMENT,

FOR PASSING A BILL

For preventing Delays and Expences, in Suits in Law and Equity. London, printed, and are to be sold by John Morphew, near Stationers-hall, 1707. Quarto, containing twenty-two pages.

THE HE unavoidable expence, as well as unnecessary delay, in the prosecution of suits in the courts of law and equity, especially in the latter, are become so exorbitantly great and burthensome to the subject, that they may justly be ranged among our first-rate grievances. It must be granted by every man of common observation, that the methods of proceeding in our courts, designed for speedy justice, are fully ripe for a regulation, when a passive submission to injuries, unless of a very high nature, is much more for the advantage of the injured person, than

an application to our courts for redress. A man's prudence may very rationally be called in question, who brings an action at law for a slender debt; but he must be perfectly senseless, who seeks for redress for a debt of fifty or sixty pounds in a court of equity, since, as the practice now stands, his adversary may make him spend twice his debt before he can recover it. The case therefore being thus, there is no room to doubt, but that a bill, that will effectually redress some of these grievances, will meet with all imaginable encouragement.

I. As to a clause to enact, That any plaintiff, at his election, may deliver a declaration to any defendant, or his wife cohabiting with him, or to the servant of any corporation capable of being sued, and take judgment for want of an appearance and a plea.

The way, now used, is to sue out a writ directed to the sheriff of the county where the defendant lives, which, with the attorney's fee that sues the same out, comes to eight or nine shillings; on which the sheriff makes out his warrant to his bailiff, which in some counties costs one shilling, in some two shillings, and in others less: On this the bailiff may insist on a bond of forty pounds penalty with sureties from the defendant to appear, though the action be but for words, trespass, or assault, or in debt, or case, under ten pounds; but it is most usual to take a warrant from such defendant, directed to some attorney to appear for him, and, on the bailiff's obtaining such bond or warrant, the lowest sum, that is paid for his pains by the plaintiff's attorney, is five shillings, and sometimes more; besides which, the bailiff demands two shillings and four pence of the defendant at the time he arrests him, as the sheriff's fee, and always takes much more for waiting and civilitymoney so that the least that is spent by both sides, on the first beginning of the smallest action, is twenty shillings: But, if the writ be for more than ten pounds, the bailiff demands of the plaintiff's attorney always ten shillings at least, on bringing him a bail-bond, and often extorts twenty shillings or more from the defendant, whilst in his custody, besides his sheriff's fee, and that he calls civility-money, and is extorted from the prisoner, to prevent his being carried directly to the county gaol, and for being admitted to continue in the bailiff's house, commonly called the spunging-house, till he can send to his friends to bail him, and there the bailiff's followers drink plentifully on his score; and, if any scruple be made of paying all the unreasonable demands that are made for the reckoning, then the best bail, that can be found out, is rejected, and perhaps the person is hurried into gaol, where he is loaded with new fees for commitment, discharge, &c. before he can obtain his liberty, so that it very often costs a person arrested for a small debt of thirty or forty pounds, who lies in a spunging-house but one night, three pounds and upwards; besides which, if he be able, he must at last pay the plaintiff his charges of the writ and the arrest. However, to make the lowest computation possible, it costs both sides, where an arrest is

Note, The plaintiff, or his attorney, is very often forced to be as the bailiff's follower otherwise the defendant would either not be arrested, or else privately discharged, on payment of civility-money.

made for ten pounds or upwards, and a bail-bond taken, thirty-five shillings. By this expensive way, to all sides, a plaintiff obtains either special bail, or a common appearance at the return of the writ; and, where a defendant is minded to delay, he often suffers the bail-bond to be sued, to the great delay of the plaintiff, and keeping him out of his just debt. And, in some counties, though a man appears publickly, yet, if he be protected by the sheriff, or by the bailiff of the liberty or hundred, where he lives, a plaintiff shall lose a year's time, or more, before he can get even a common appearance, and without that, as the law now stands, no man can proceed to declare. But, if what is now proposed, has the desired success, most causes will be shorter by a term, and persons, who are necessitated to bring actions, will sooner recover their just rights; and, when judgment is obtained, a defendant will be in a better condition to pay, than when he has been pillaged by the bailiffs, and their followers: and, in short, upon a modest computation, it will save the subjects of England thirty-thousand pounds per annum, and upwards, the greatest part whereof is, at present, distributed amongst the bailiffs and their followers; the rest of it comes in very small sums to the cursitors, who make out original writs; to the philizers of the common-pleas, who make out all writs of capias; to the attornies of the queen's bench, who make out all bills of Middlesex and latitats; to the custos brevium, belonging to the common-pleas, who has four-pence for filing every original writ; to the under sheriffs, who make out the warrants, and indeed to all attornies that love to make causes long and chargeable to their clients.

And farther, this clause will advance publick credit, by framing a better method of suing corporations, than any yet known, and providing a way to sue persons, in trade and credit, without sending bailiffs after them; and will also prevent many clandestine outlawrics.

And, if the people of England will be sooner helped to their rights, and so great a sum saved in their purses, as is above-mentioned; it is hoped, there will be no regard had to any particular body, or number of men (especially of this sort) who inrich themselves by doing that, which there is no occasion for.

Note, This is agreeable to the † method, now used in the bringing
+
of an ejectment, which turns a man out of possession, and
is of as tender a consideration, as any thing can be; and
any plaintiff may now obtain judgment as quick as he can,
by this clause, by being at the charge of suing a special
writ, which contains the declaration.

II. As to a clause, for giving bail in all cases, where a writ of error

The cursitor, philizer, and custos brevium have but two shillings and two-pence for every original and capias, but the bailiff gets twenty or thirty shillings, and very often a great deal more, by making the arrest. And, if a writ be sued out, and a copy thereof annexed to each declaration delivered, and the writ itself annexed to the affidavit of service; then, all the objections of the cursitors, philizers, or custos brevium, &c. will be fully answered, and the attorney will also have his fee for sueing the same out: The postage will be likewise increased by sending the declaration down with the writ, and returning them both back with the affidavit; the stamp-duty will be advanced also by the affidavits, rules to plead, &c.

The method, here proposed, is also agreeable to the common w, whereby a summons was the first process, the capias being given by acts of parliament

is brought to reverse a judgment before verdict, as it is now used on writs of error after verdict.

This clause will prevent persons from keeping their creditors at bail, with a writ of error for twelve months, during which time, they get in their effects, and, when the writ of error is nigh spent, they run away with them.

And the very same reason holds, for giving bail, on bringing writs of error to reverse a judgment, when damages are found on a writ of inquiry, as after trial.

III. As to the regulating sheriffs fees on elegits and extents, &c.

As the law now stands, if a sheriff takes an inquisition on an elegit, and delivers a moiety to the plaintiff, by virtue of such writ, or makes a return that he has delivered possession, pursuant to any writ of liberate; he usually takes twelve pence per pound, for the first hundred pound, and six-pence per pound afterwards, for all the money due by the statute or judgment; and this he takes under colour of an act of parliament, made in 29 Elis. cap. v, which certainly intended, that the sheriff should deliver actual possession; but he really does no more than take an inquisition, or return his writ; for the plaintiff, notwithstanding such fictitious delivery by the sheriff, must bring his ejectment, and recover a verdict at law; and if, on the trial, any prior settlement, or other incumbrance, is trumped up (as too often happens) the plaintiff is nonsuited, and has only the mortification to find himself so much more money out of purse, perhaps, two or three hundred pounds for sheriff's fees in particular, without knowing how to remedy himself; or, if he recovers, he must pay the sheriff over again, for his delivering him the actual possession, on a writ of Habere facias possessionem: and therefore, it is hoped, that it will not be thought reasonable, that a sheriff should take such large fees, only for taking an inquisition, or returning a writ.

IV. As to a remedy for all persons, in the recovery of their debts by judgments.

As the law now stands, if an elegit be returned and filed, or entered on record, though the plaintiff never recovers six-pence by it; yet such returning and filing, or entering on record, is a bar upon such plaintiff, that he cannot take out any other elegit, or execution against the body or goods of the defendant, though he be able to pay the debt, which is, surely, such a grievance, as is fit to be remedied.

V. As to a clause to prevent the subjects paying double for the ingrossing records of Nisi prius.

The proper officer did anciently engross all records of Nisi prius, but, as business increased, he did not increase his number of clerks, and, those he had not being able to dispatch all the business, the attornies, to prevent multiplicity of attendances, and giving expedition money,

did, and, for many years last past, have engrossed all their records themselves, for which they charge four pence per sheet, to their clients, and pay the proper officer all his fees also; so that, at present, the client pays double, and therefore, by this clause, it is intended, the subject should be eased, and the attorney, who does all the business, should have four-pence per sheet, for doing something, and that the officer should be content with four-pence per sheet more, for doing nothing.

VI. As to a clause, touching the filing of affidavits, and to prevent the unnecessary expence thereof.

At law, it is now customary to read affidavits, before filed, if sworn in town; but otherwise, if sworn in the country, though there appears no material difference; for he that forswears himself, either before a judge in town, or commissioner in the country, is equally guilty of perjury and if they are filed, as soon as used, that will hereafter prevent all opportunities of altering, as much as the method now used, since the attorney, in both cases, must have the custody of the affidavit, from swearing till filing it; and since at law there is no fee due, on filing an affidavit, after read in court (for which this clause allows a fee) the officer will gain by filing, though he loses by copies: and it seems as unreasonable, as it is useless, to make a person take and pay for a copy of an affidavit, which he had once in his hands, and, consequently, a power of copying it himself, and yet, as the course and practice of the courts of law and equity now stand, the party, who would use any affidavit, must leave his original with the officer, and pay him large fees for a copy; so that in matters, where many long affidavits are required, * it often costs a man ten or fifteen pounds, for copies of his own affidavits, on one single motion, whereby the charge of a motion very often exceeds the whole expence of a trial at law; which unnecessary charge this clause will effectually prevent.

VII. As to a clause, for taking away all copies of interrogatories, and for the filing reports and certificates, without being obliged to take copies thereof.

It seems very ridiculous, that any one should be obliged to take and pay for copies of what he before had, or has no occasion for at all, and yet this is the case here; for every one must take copies of interrogatories (which are of themselves of no use) if he will have copies of the depositions for which he has occasion: Nay, every person is now obliged to take copies of the interrogatories exhibited by himself (and often twice over, both from the examiners and six-clerks office) although he had the original before, if he will have a copy of depositions taken thereon. The same reasons hold against being obliged to take and pay for copies of reports and certificates, for the filing whereof, there is a fee of fourpence due; and yet the officer makes every person, who files a report of certificate to pay for a copy, which is just as reasonable as if every

The affidavit-office in chancery, which is said to be formerly sold for two-hundred and fifty pounds, is now computed to bring in a thousand pounds per annum.