London in 1731 [30]
of debt, trespass, covenant, &c. They are held on Wednesdays and Fridays for actions entered in Wood Street Compter, and every Thursday and Saturday for actions entered in the Poultry Compter. Here the testimony of an absent witness in writing is allowed to be good evidence.
5. The Chamberlain's Court or office is held at the chamber in Guildhall. He receives and pays the City cash and orphans' money, and keeps the securities taken by the Court of Aldermen for the same, and annually accounts to the auditors appointed for that purpose. He attends every morning at Guildhall, to enroll or turn over apprentices, or to make them free; and hears and determines differences between masters and their apprentices.
6. The Court of City Orphans is held by the Lord Mayor and Aldermen as often as occasion requires; the Common Sergeant being entrusted by them to take all inventories and accounts of freeman's estates, and the youngest attorney in the Mayor's Court is clerk of the orphans, and appointed to take security for their portions; for when any freeman dies, leaving children under the age of twenty-one years, the clerks of the respective parishes give in their names to the common crier, who thereupon summons the widow or executor to appear before the Court of Aldermen, to bring in an inventory, and give security for the testator's estate, for which they commonly allow two months' time, and in case of non-appearance, or refusal of security, the Lord Mayor may commit the executor to Newgate.
7. The Court of Conscience was established for recovering small debts under forty shillings at an easy expense, the creditor's oath of the debt being sufficient without further testimony to ascertain the debt. This court sits at the hustings in Guildhall every Wednesday and Saturday, where the Common Council of each ward are judges in their turns. They proceed first by summons, which costs but sixpence, and if the defendant appears there is no further charge; the debt is ordered to be paid at such times and in such proportion as the court in their consciences think the debtor able to discharge it; but if the defendant neglect to appear, or obey the order of the court, an attachment or execution follows with as much expedition and as small an expense as can be supposed. All persons within the freedom of the City, whether freemen or not, may prosecute and be prosecuted in this court, and freemen may be summoned who live out of the liberty.
8. The courts of wardmote are held by the aldermen of each ward, for choosing ward-officers, and settling the affairs of the ward, the Lord Mayor annually issuing his precept to the aldermen to hold his wardmote on St. Thomas's Day for the election of common councilmen and other officers; they also present such offences and nuisances at certain times to the Lord Mayor and common councilmen as require redress.
9. Small offences are punished by the justices in or out of sessions, by whom the offender is sentenced to be whipped, imprisoned, or kept to hard labour; but for the trial of capital offences, a commission of Oyer and Terminer and jail delivery issues eight times every year, i.e., before and after every term, directed to the Lord Mayor, Recorder, some of the twelve judges, and others whom the Crown is pleased to assign. These commissioners sit at Justice Hall in the Old Bailey, and bills of indictment having been found by the grand juries of London or Middlesex, containing the prisoner's accusation, a petty jury, consisting of twelve substantial citizens is empanelled for the trial of each of them; for, as to the grand jury, they only consider whether there is such a probability of the prisoner's guilt as to put him upon making his defence, and this is determined by a majority of the grand jury: but the petty jury, who pass upon the prisoner's life and death, must all agree in their verdict, or he cannot be convicted. But though the petty jury judge of the fact, i.e., what the crime is, or whether it was committed by the prisoner or not, the commissioners or judges declare what
5. The Chamberlain's Court or office is held at the chamber in Guildhall. He receives and pays the City cash and orphans' money, and keeps the securities taken by the Court of Aldermen for the same, and annually accounts to the auditors appointed for that purpose. He attends every morning at Guildhall, to enroll or turn over apprentices, or to make them free; and hears and determines differences between masters and their apprentices.
6. The Court of City Orphans is held by the Lord Mayor and Aldermen as often as occasion requires; the Common Sergeant being entrusted by them to take all inventories and accounts of freeman's estates, and the youngest attorney in the Mayor's Court is clerk of the orphans, and appointed to take security for their portions; for when any freeman dies, leaving children under the age of twenty-one years, the clerks of the respective parishes give in their names to the common crier, who thereupon summons the widow or executor to appear before the Court of Aldermen, to bring in an inventory, and give security for the testator's estate, for which they commonly allow two months' time, and in case of non-appearance, or refusal of security, the Lord Mayor may commit the executor to Newgate.
7. The Court of Conscience was established for recovering small debts under forty shillings at an easy expense, the creditor's oath of the debt being sufficient without further testimony to ascertain the debt. This court sits at the hustings in Guildhall every Wednesday and Saturday, where the Common Council of each ward are judges in their turns. They proceed first by summons, which costs but sixpence, and if the defendant appears there is no further charge; the debt is ordered to be paid at such times and in such proportion as the court in their consciences think the debtor able to discharge it; but if the defendant neglect to appear, or obey the order of the court, an attachment or execution follows with as much expedition and as small an expense as can be supposed. All persons within the freedom of the City, whether freemen or not, may prosecute and be prosecuted in this court, and freemen may be summoned who live out of the liberty.
8. The courts of wardmote are held by the aldermen of each ward, for choosing ward-officers, and settling the affairs of the ward, the Lord Mayor annually issuing his precept to the aldermen to hold his wardmote on St. Thomas's Day for the election of common councilmen and other officers; they also present such offences and nuisances at certain times to the Lord Mayor and common councilmen as require redress.
9. Small offences are punished by the justices in or out of sessions, by whom the offender is sentenced to be whipped, imprisoned, or kept to hard labour; but for the trial of capital offences, a commission of Oyer and Terminer and jail delivery issues eight times every year, i.e., before and after every term, directed to the Lord Mayor, Recorder, some of the twelve judges, and others whom the Crown is pleased to assign. These commissioners sit at Justice Hall in the Old Bailey, and bills of indictment having been found by the grand juries of London or Middlesex, containing the prisoner's accusation, a petty jury, consisting of twelve substantial citizens is empanelled for the trial of each of them; for, as to the grand jury, they only consider whether there is such a probability of the prisoner's guilt as to put him upon making his defence, and this is determined by a majority of the grand jury: but the petty jury, who pass upon the prisoner's life and death, must all agree in their verdict, or he cannot be convicted. But though the petty jury judge of the fact, i.e., what the crime is, or whether it was committed by the prisoner or not, the commissioners or judges declare what