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The Pamphlet Collection of Sir Robert Stout: Volume 32

Lower Courts

Lower Courts,

particularly in the Resident Magistrate's Court, is open to serious objection. The costs allowed a successful party are much too small, and this circumstance encourages liti-gation. A defendant may refuse to pay a just debt in the hope that his creditors will not sue for its recovery, and well knowing that he (the defendant) may put the plaintiff to trouble and expense, for which he can get no com-pensation except in having the fee for the summons refunded. The defendant should, in all cases in which he pays the money into Court (if not previously tendered), or confesses judgment, be saddled with the costs of the plaintiff's solicitors up to the time the action is settled, and these costs should be proportioned to the amount really due. Whilst on this subject I may observe that the Lord Advocate of