NO CREDIT GIVEN!

Stratford Evening Post, Volume XXXIV, Issue 92, 13 December 1912, Page 5

NO CREDIT GIVEN!

A BREEZE IN THE COURT. A local solicitor was refused credit at the Court this morning, the situation created presenting some interesting and amusing features. Court fees, according to the Stamp Act, must he paid in advance. According to local custom, however, they are not thus paid, and the Clerk of the Court, therefore, is really giving credit when, say, a judgment by default is entered without the Court fees in stamps having been duly affixed to the civil record hook, and cancelled with the Clerk’s initials. To carry out the letter of the law, however, would mean that solicitors would have to carry with them a varied assortment of stamps, for the Clerk of the Court will not accept the fees in hard cash, and the local bailiff is not authorised, as he is, in some Courts, to sell stamps. Consequently, the local practice has been for solicitors to send the stamps down per medium of their clerks during the day and after the Court has adjourned. Hitherto this arrangement has worked smootly enough, but to-day the contrary was the case.

In a certain judgment by default case, Mr. Reeve (Clerk of the Court) requested Mr. Anderson to hand over the fee. Mr. Anderson replied that Mr. Reeve would receive the necessary stamps during the day. Mr. Reeve: I want them now! Being thus refused credit, Mr. Anderson rose and addressed the Court. “I object,” he said, ‘‘to the attitude adopted by the Clerk of the Court. Does he expect me to bring down a book of stamps? It is a practice in all Courts to act reasonably in this matter.” His Worship said that according to law hearing fees must be paid before judgment is given. If the Clerk of the Court chose to give credit he did so contrary to regulations. The solicitors should bring their fees with them, and in refusing credit the Clerk was within his rights, for he (Mr. Reeve) Was personally responsible for any fees that were not paid.

Mr. Anderson reminded His Worship that to refuse credit had never been the practice in the past, because a solicitor never knew the exact amount of foes to be paid. For instance, a case might be confessed. In most Courts the bailiff was authorised to sell stamps, and a solicitor could bring down the cash and pay him. One did not mind that, but to bring down a selection of stamps was a little bit too strong. ‘‘As it is,” he said, “I have not the necessary stamps with me, and the only thing is for Your Worship to allow the case to stand down until I come provided with stamps.”

Mr. Reeve stated that his action had been rendered necessary through his having to wait two or three weeks for Mr. Anderson’s fees. Mr. Anderson: That is quite incorrect. 1 give it an emphatic denial. * Mr. Reeve continued that the fees remaining unpaid caused liim trouble, through his being unable to file away documents. Mr. Anderson : We never had this trouble with' Mr. Bird, and he (Mr. Bird) never lost a penny. Mr. Reeve ultimately offered to give credit for the fees, but Mr. Anderson declined to accept credit. His eases were accordingly set down to the bottom of the list, and on their being called again the stamp* were produced and matters proceeded in the usual way. The following case was one in which Mr. Stanford appeared, and in rising to ask for judgment, he smilingly said : ‘‘Subject to being allowed a limited credit, T ask for judgment.’ No financial objection was offered.