qp? •»[ -v $ \ ^ f A PLEA MrJUSTICE AND MERCY; OR, FOR EQUAL TAXATION FOR THE POOR IRISHMAN AS FOR THE RICH, AS REGARDS THE STAMP DUTIES ON CIVIL BILLS AND SUMMONSES FOR THE RECOVERING OF SMALL DEBTS IN THE COUNTY AND PETTY SESSIONS COURTS OF IRELAND. BY HENRY FITZGIBBON, MERCHANT, CASTLEREA, CO. ROSCOMMON. “ I will bring Law cheap to the Poor Man’s door.”— O'Connell. It also contains the Writer’s reasons for attempting this little Work; some Reminiscences of the Stamp Assimilation Act of 1841; Hints on Grand Jury and Fairs and Markets Reform; and a passing observation on the present selfish system of Electoral Division Poor-law Ratings; some of which matters may form the subject of Legislation in the present or next Session of Parliament, and therefore may prove not uninteresting. DUBLIN: PRINTED BY A. MARLOW, 29, CAPEL-STREET. 1863. PRICE SIXPENCE. A HAND-BOOK ,iroi; Ihc Ji[is BEING A PLEA FOR JUSTICE AND MERCY; OK, .■FOR, EQUAL TAXATION FOB THE POOR IRISHMAN AS FOR THE RICH, AS REGARDS THE STAMP DUTIES ON CIVIL BILLS AND SUMMONSES FOR THE RECOVERING OF SMALL DEBTS IN THE COUNTY AND PETTY SESSIONS COURTS OF IRELAND. BY HENRY FXTZGIBBON, MERCHANT, CASTLEREA, CO. ROSCOMMON. “ I will bring Law cheap to the Poor Man’s door.”— O'Connell. So far from such being done, the writer hopes to shew clearly, in this small Book, that the cost of Process forms, alone, has increased 1,200 per Cent, since his death ; and that thereby the extremely poor man is crushed and oppressed , whilst his wealthy neighbour is all but relieved from any the least inconvenience through the uujust and unequal taxation of the present Civil Bill (Ireland) Act,—the very reverse of things as they should be. He also proposes plain, suitable , and unerring remedies for that and other abuses in the County and Petty Sessions Courts, which he fer¬ vently hopes may meet the approbation of those who may “ take it up and read it ” witli any the least attention. DUBLIN: PRINTED BY A. MARLOW, 29, CAPEL-STREET, 1863. N . 0 S'** 3 ^ 6 , 2 _ ADVERTISEMENT. After a portion of his manuscript was printed off, the Writer thought proper to make some additions to his original plan. They contain his reasons for attempting this little Work ; some Remin¬ iscences of the Stamp Assimilation Act of 1841; Hints on Grand Jury and Fairs and Markets Reform, and a passing observation on the present selfish system of Electoral Division Rating; some of which matters may form the subject of Legislation in the present or next Session of Parliament, and therefore may prove not uninter¬ esting. Owing to the difficulty of keeping at a distance from town an exact supervision over the Press, a few errors in pum .on and otherwise have crept in, some of which have been noticed in a list of Errata; the others, it is hoped, will cause no trouble to the reader. ^ o 60 *i * J ' * I il, Downing-street, White llali, 15th November, 1862. Sir, — I am directed by the Chancellor of the Exchequer to acknowledge the favour of your letter, and I am to state that Her Majesty’s Government arc, on the whole, not prepared to introduce a measure, on the subject to which it relates, at the present time. I am Sir, Your Obedient Servant, CHARLES L. RYAN, II. Fitzgibbon, Esq., Castlcrca. PREFACE. The writer intends this as a Hand-Book for the poor House¬ holders of Ireland, in the hope that from it they may learn and comprehend the grievance of the Procoss and Summons Stamp infliction, and be induced to assert their just right to equality of taxation. Whether it may pass through a second edition or not, depends in a great measure on those who have the cure in their hands, as if such be applied by the State Physician, and promptly, Quacks from the country may retire from business; but should the system be continued, he hopes, before two years hence, to hear of its being kept and read in almost every village and hamlet in Ireland—as it contends for nothing more or less than fair play for the poor man as for the rich, in the County and Petty Sessions Courts of Ireland. In addition to the letters to the Chancellor of the Exchequer it contains also an Address to the Lord Chan¬ cellor and the other Judges, as heads of the Law; to the Parlia¬ mentary Representatives; the Law Officers; the Chairmen of Counties ; the Newspaper Press of Dublin, and of the Provinces ; to the Irish Corporate Bodies and the Boards of Guardians, in general; and to each Irish M.P., Judge, Chairman, and Newspaper Proprietor in Dublin; in particular, to each and every one of which four last classes of gentlemen, a copy of this is to be sent, so they may all have an opportunity of seeing with their own eyes, and then telling him, if they can, that this system of unequal taxation is 6 to be a perpetual legacy, entailed on their impoverished country¬ men, through the bungling legislation of Mr. Hatched, when Attorney-General of Ireland. It is also intended for other benevolent persons on both sides of the channel, who may be excited through curiosity or induced by charity to wade through it; and it concludes with an explanation, wdiy the writer has dared to obtrude himself on the reading public, who may, he hopes, forgive him for his rashness, even though lie should fail to convince them. In order to secure, if possible, "some attention to his humble but well intended effort, he has prefixed a letter received from the Government through the Chancellor of the Exchequer, dated the % the 15th November, 1862, just to the day one month from the date of the Statement to which it purported to be an answer,—full time for holding on it even three Cabinet Councils!—yet still, as hitherto, evaporating in nothing! Although placed thus, it will appear again in its proper position ; and, therefore, by observing something like consecutive order, he hopes the reader may exercise the more patience, and understand the subject better. » To the Right Honorable the Lord Chancellor, the Judges of the Land, the Irish Members of Parliament, the Chairmen of Counties, the Hervspaper Press , the Corporate Bodies , and Boards of Guardians, all of and belonging to Ireland, and to all others whom it may concern. My Lords and Gentlemen —As you may see through the foregoing and subjoined Letter from the Chancellor of the Exchequer, that Her Majesty’s Government are not prepared to bring forward a measure for redressing the grievous injustice I complain of* and as every other device which my humble ingenuity could suggest during the last nine years has completely failed me in inducing some of our most popular Irish Members of Parliament, and some of the most professing National Journalists of our country to advocate, practically , the cause I have in hands, of the wretched, helpless, and forgotten class of the Irish people, who, from their position and opportunities, are ignorant of the method and unable to help themselves, by causing their cries for relief to be heard in the high places $ but were they even able to exert themselves, you will always find the Misanthropes at St. Stephen’s, having more leisure for inflicting grinding measures of taxation on the poor and helpless, than the most liberty-loving and benevolent of our country’s Representatives have for even the mitigation of them. Yet, be that as it may, this is to beg and crave a few moments of your valuable time, in order to see and comprehend as atrocious an inroad on the poor man’s pocket as could be concocted by the Evil Genius of even the most despotic Government in any part of the globe, through the pre¬ sent Civil Bill (Ireland) Act, brought in, partly borrowed , and otherwise hatched by the present Lord High Commissioner for the Relief of Insol¬ vent Debtors in Ireland, in amending! and improving! which, he was assisted by a Select Committee of the House of Commons, most, if not all, of its members being Lawyers! one of them, the Right Honorable William Keogh, being at present a Judge of the land. Therefore let England’s Constitutional Ministers shew themselves in contrast. Bad and severe as that Act has been in its operation on its poor vic¬ tims, it has been much improved on by the late Petty Sessions (Ireland) Act for the Recovery of Small Debts, prepared and caused to be passed by Mr. Whiteside, M.P., when Attorney-General here during the last Derby Administration, through which he has admirably succeeded in putting poor Paddy off the frying pan into the fire ! for by the first lie has 8 a respite of three months, whereas through this last improvement in the law he can be brought up every other week! Therefore, if such facility be given to the rich man, for suing, there should be an equal kindness exhibited towards his poor neighbour, evidencing that everything is not for the first, but that all classes must be equally protected in their pockets even before they go into Court, as I am free to admit they are in the due administration of the law as it is, whenever they resort there. And here I beg to observe, that during the passing of the Petty Ses¬ sions Act, the Right Honorable Baron Deasy exerted himself so as to get a rider to that Bill, providing that in no case should the Costs of the Court exceed 5s., for which, now as then I am most willing to give him all the credit such practical sympathy deserves ; but in a short time after¬ wards, and when he was Her Majesty’s Solicitor-General, and having the cure in some measure in his hands, and that the horror of the merciless system of taxation of the Civil Bills and Summonses inflicted on those who settle before trial, was more fully represented to him than even in my annexed statement to Mr. Gladstone, he seemed to close his eyes, to deafen his ears, and to wrap himself up in his official dignity, for he did not condescend a reply! Therefore, Why ? he had reserved all his pity for the litigious man who might have a very crooked case in hands, whilst he thus overlooked the interests of the many poor but honest per¬ sons who settle before trial, has always since been to me if not a mystery at least a very great inconsistency ! Although somewhat out of place here, yet as not having restated it in detail in the subjoined Letter to Mr. Gladstone, M.P., I beg to say that the remedy I had suggested in former statements to him, and the four last Attorney-Generals for Ireland, for reducing the Costs of Court in certain cases of Small Debts being sued for at distant Quarter Sessions towns, was, that whenever the Chairman holds a Court in any one town, that then he do make a circuit of every other Quarter Sessions town within his jurisdiction, either quarterly, half-yearly, or even at such further stated periods as might be most agreeable and convenient to all parties con¬ cerned. Such change would have the effect of keeping the litigant parties, in a great measure at least, within the circumscribed limits of their respective districts, and therefore obviate the claiming of costs for travelling, hotel expenses, &e. I entertain a strong hope, after perhaps your reading this humble yet truthful statement, that nothing can induce you to blink the question, but that you will bring ynur honest judgment and indignation to bear upon it in such a way as to you may seem most fit and proper, and thus reduce to practice, on behalf of those poor people, words and precepts spoken by the Highest Authority nearly 1900 yeai*3 since, and in such manner as must be most pleasing to Him u who seeth the secrets of all hearts.” a He that is not for me is against me.” “ And the King answering shall 9 say to them, Amen; I say to you, as long' as you did it for one of those my least brethren, you did it for me.” Praying* that not even one of the many Gentlemen to who I am now driven to address myself, may be classed on this crying question at least, amongst the “Did it Nots,” I have the honor to remain, My Lords and Gentlemen, Your very obedient Servant, HENRY FITZGIBBON. Castlerea, County Roscommon, October, 15th 1862. TO THE RIGHT HONORABLE THE CHANCELLOR OF THE EXCHEQUER, CARLTON CLUB, LONDON. “ I will bring Law cheap to the Poor Man’s door.”— O'Connell. “ I think the present Bills and Notes 1 Stamp Schedule, as regards the Poor and Industrious classes, to be both unjust and oppressive.” (Or words of the like import.) An extract from the Reported Speech of the Right Honorable W. E. Gladstone, M.P., on making his Financial Statement, in the month of March, 1854. Right Hon. Sir, —It is now more than two years since I had the honor of sending you a Memorial, (not the first within the last eight years on the same subject), as to the grievous inequality of the Process and Summons Stamps, for the recovery of Small Debts in the County and Petty Sessions Courts of Ireland, through which the poorest householder, if sued for only 2s. 6d. to 5s., on paying before trial, (and there cannot be less tban 10 cases settled to one that goes into Court,) gives at least Is.! —it may be Is. 6d.! ! to 2s.! ! ! in Stamp Duty, whilst if his Lord and Master be cited to the County Court, for even £40, the highest he such 13 10 very wealthy person has to pay is only Is. as much as in some cases 6d.! or Is.!! less than, his poor serf, who, through dire necessity, per¬ mits himself to be sued for such a trifle. I shewed you then as simple a remedy as could be devised—the placing an ad-valorem Stamp on the Executions of the County Courts and their Dismisses; and if that would not suffice, in order to give no excuse, I now add a Penny Stamp, for both the Civil Bill Originals and their Copies. For the relief in the Petty Sessions Courts, I merely requested that such small debts be placed on an equality with cases of Wages, Trespass, &c., recoverable in them troin the rich and wealthy up to £10, in which the Original Summons merely is Stamped 6d., and dhe Copy or Copies are all on plain paper !—whereas, in the Small Debt Cases, the Copies must be all Stamped ! ! Behold the contrast! ! ! I also shewed you how a poor man sued to a distant town in a Divi¬ sion, might be subjected in Law Costs , and for travelling and hotel expenses, to perhaps more than £1 ! ! by the recovering of even 5s. ! ! ! and should you find time or inclination for doing so charitable an act; by referring to my former Statement, you could find as plain a cure for that in it, as for lowering the present heartless price of the Process and Sum¬ mons Stamps. I then felt highly pleased at receiving, through your Secretary, an acknowledgement for it; as also big with expectation, that the two last Sessions would not pass without redress being obtained lor the poor , humhle , and wretched of this country ; nay, there was not a speculator in any department of trade or commerce,