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of debt, the complaint of trespass giving cognizance to the court, and that of debt authorizing the arrest; and this system has ever since been followed.

By the Uniformity of Process Act, the writs of summons and distringas were again introduced..

This act (10) has restored the old law to all its purity; all actions for simple debt can now only be commenced by writ of summons, and prosecuted by writ of distringas, and attachment of the debtor's property. The fictions heretofore resorted to, by which a person was imprisoned for debt under the pretence of having committed a crime, are removed, and the old constitutional law between debtor and creditor stands as declared by Magna Charta, which admits of no imprisonment of the person but on the verdict of a jury. That charter is the basis of the settled laws of this kingdom, without which we have none: "It is the solemn contract between king and people, upon the conditions whereof the former is invested with the regal dignity; and, until a new Bill of Rights shall be assented to by the nation at large, it cannot be altered or violated.

The Uniformity of Process Act further authorizes a writ of capias, by which a creditor may, upon affidavit of debt exceeding 207., arrest his debtor, and hold him to bail. The observations before made apply equally to the legality of this writ.

It may, however, be said, and with great force, that, in this commercial country, the creditor should have the means of protection from the fraudulent debtor; and that the honest debtor should have equal protection for his person, where he shall preserve his property for

(9) Post, 152.

his creditors. The legislature can provide these remedies without violating or abrogating Magna Charta; it should be borne in mind, that "where a creditor wishes to get paid by his debtor from the fruits of his labour, he would no more shut him up in a prison, than a farmer in the midst of harvest would voluntarily lock up his horses in a pound (10)."

By stat. 29 Car. II. c. 7, no arrest can be made or process served upon a Sunday, except for treason, felony, or breach of the peace.

In making these observations upon the constitutional legality of imprisonment for debt before judgment, the writer finds himself borne out in them, not only by the statutes referred to, but by the most eminent writers; the same opinions will be found in Coke, Bacon, Blackstone, and many others, all of whom unite in affirming that no person can be arrested for debt according to the constitution.

This subject might be greatly enlarged upon, more particularly as to the atrocious system under which process is executed against the person: it would, however, occupy too much space for the limits of this book. The writer will, therefore, conclude this section with the words of Lord Chief Justice Holt: "A man ought to be concerned for Magna Charta and the laws; and if any man against law imprison a man, he is an offender against Magna Charta.”

(10) Sir Walter Scott, on being threatened with arrest for debt, thus expressed his opinion: “It would besides of itself totally destroy any power of fancy, or of genius, if it deserves the name, which may remain to me. A man cannot write in the House of Correction; and this species of peine forte et dure, which is threatened, would render it impossible for one to help himself or others." Lockhart's Life of Sir W. Scott, Vol. 6, p. 239.

SECTION II.

The Subject continued.

The New Legal Constitution.

THE administration of justice to individuals in the superior courts in England and Wales is now regulated by statute 11 Geo. IV. & 1 Will. IV. c. 70 (1), which, with other subsequent acts of the legislature, have effected a complete revolution in the courts of law, and established a new legal constitution.

By the statute last named, all the puisne judges are to sit by rotation in each term, or otherwise as they may agree, so that not more than three shall sit at the same time, in banc for the transaction of business in term, unless in the absence of the Lord Chief Justice or Lord Chief Baron.

Any judge, when occasion shall require, while the other judges of the same court are sitting in banc, is to sit apart from them for the purpose of adding and justifying special bail, discharging insolvent debtors, administering oaths, receiving declarations required by statute, hearing and deciding motions, and making rules and orders in causes and business depending in the court to which such judge shall belong.

Every judge is authorized to sit in London or Middlesex to try issues arising in any court, and to transact any business in chambers or elsewhere depending in any court over which the superior courts have a common jurisdiction.

(1) Amended by 1 Will. IV. c. 3, further amended by 1 Will. IV. c. 7.

The ancient law terms are abolished, and new terms fixed: Hilary term is always to begin on the 11th and end on the 31st January; Easter term to begin on the 15th April and end on the 8th May; Trinity term to begin on the 22nd May and end on the 12th June, and Michaelmas term to begin on the 2nd, and end on the 25th, November in every year.-See also 1 Will. IV. c. 3, which relates to essoign or general return days, and explains the duration of the terms intended by the

statute.

The time for sittings in London and Middlesex, for the trial of issues of fact arising in any of the courts, is limited.

In all trials for felonies or misdemeanors upon any record of the King's Bench, judgment may be pronounced during the sittings by the judge presiding at the trial, as well upon the person who may have suffered judgment by default or confession, as upon those who shall be tried and convicted, and whether they shall be present or not, except in cases of information by the Attorney-General; such judgment to be final, unless within six days of the next term the court should see cause for a new trial being granted or for the judgment being amended.

The Court of Exchequer is thrown open, and attornies of the other superior courts are allowed to practise there.

A common jurisdiction is given to the judges of all the courts jointly, or any eight of them, to make rules and orders for regulating the proceedings of all the courts. The liberty of the subject was still further promoted by bail being allowed to be taken by any judge in chambers, in term as well as vacation. The

jurisdictions of the court of Westminster is also extended to the counties palatine of Chester and the principality of Wales, whose original jurisdictions are abolished, and assizes are directed to be held in those places in the same manner as in the other counties of England.

The rights of the corporation of Chester are saved, except that writs of error are to be made returnable in the Court of King's Bench.

All the judges are now judges of the Court of Common Pleas at Lancaster, the practice and proceedings in which court are regulated by the stat. 4 & 5 Will. IV. c. 62.

Attornies of any of the courts of Great Sessions may be admitted as attornies of the courts of Westminster.

Any person may now render in discharge of his bail upon merely obtaining the order of a judge, and whether in custody or not as to more actions than one. The order to be lodged with the gaoler, and notice to be given to the plaintiff's attorney and the sheriff.

In all actions of ejectment between landlord and tenant, a declaration may be served upon the tenant at any time within ten days after the expiration of the tenancy, and a writ of possession may issue immediately upon the certificate of a judge being obtained, after verdict for the plaintiff, or nonsuit.

It has been determined, that this clause does not extend to property situate in London or Middlesex, but to those places only for which assizes are held (2); and the judge has no discretion as to the time within which the

(2) See 1 Dowl. P. C. 547.

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