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+ | ====== De minimis non curat lex ====== | ||
+ | |||
+ | **Of trifles the law does not concern itself. ** | ||
+ | |||
+ | This is shown in the refusal of the courts to grant new trials | ||
+ | in trifling cases, or where the damages are small ; in | ||
+ | discountenancing, | ||
+ | amending proceedings for defect in form, or trifling irregularities ; in putting a reasonable construction upon the law, and | ||
+ | in discouraging litigation upon mere technicalities. Courts of | ||
+ | equity will not, as a rule, entertain a suit where the amount of | ||
+ | property in question is under 200/., nor will they allow a bill to | ||
+ | be filed where the matter in question does not exceed 10l. The | ||
+ | superior courts of common law will not try an action of debt | ||
+ | under 40s. ; and in actions for damages merely, and not to try a | ||
+ | right, they mark the light in which they view trifling suits by | ||
+ | refusing costs to the successful party where the circumstances of | ||
+ | the case require them so to do. Where the action is in damages | ||
+ | the question of costs is regulated by various statutes, as for | ||
+ | example : — By statute 43 Eliz. c. 6, it is enacted that where the | ||
+ | debt or damage does not exceed 40s. the plaintiff shall not be | ||
+ | entitled to more costs than damages ; by statute 3 & 4 Vict. | ||
+ | c. 24, that he shall not be entitled to any costs in trespass or | ||
+ | case where 40s. only shall be recovered, unless the judge certify | ||
+ | that the action was to try a right, or that the trespass or | ||
+ | grievance was willful and malicious ; and by 23 & 24 Vict. c. 126, | ||
+ | that where the plaintiff, in an action in the superior courts for | ||
+ | an alleged wrong, recovers less than 51., he shall not recover any | ||
+ | costs in case the judge certify that the action was not to try a | ||
+ | right, or that the trespass or grievance in respect of which the | ||
+ | action was brought was not willful and malicious, and that the | ||
+ | action was not fit to be brought, and so in like cases. | ||
+ | |||
+ | |||
+ | |||
+ | It was upon this principle that the County Courts were | ||
+ | established to try trifling actions, first, to the extent of 40s., | ||
+ | next of 20l., and now of 50l. And, as to costs, allowing to the | ||
+ | successful party : under 40s., nothing ; under 201., next to | ||
+ | nothing ; and above 20l., a more trifle. So no appeal is allowed | ||
+ | in those courts where, in debt and interpleader the amount | ||
+ | claimed, in replevin the rent or damage, and in recovery of | ||
+ | tenements the yearly rent or value, does not exceed 20l. | ||
+ | |||
+ | Where there is any miscarriage or damage by default of a | ||
+ | judge, however, the courts are careful to interfere in the most | ||
+ | trifling cases, and will grant new trials for the improper reception | ||
+ | of the smallest particle of evidence, or for misdirection, | ||
+ | most trifling cases, where the justice of the case requires it. But | ||
+ | the court will not, as a general rule, grant a new trial in an | ||
+ | action for tort on account of the smallness of the damages ; and | ||
+ | they have refused to grant it where, in an action against a | ||
+ | surgeon for negligence, whereby the plaintiff lost his leg, the | ||
+ | jury only gave nominal damages. So the court will not grant a | ||
+ | new trial where the value of the matter in dispute, or the amount | ||
+ | of damages to which the plaintiff would be entitled, is too | ||
+ | inconsiderable to merit a second trial. | ||
+ | |||
+ | By the Stamp Acts, legacies under 20l. are exempt from duty ; | ||
+ | so, under the Savings Bank Acts, administration need not be | ||
+ | taken out for sums less than 50l. ; the interests of the revenue | ||
+ | being in such trifling cases disregarded. The Court of Chancery, | ||
+ | also, will pay out sums of money and shares of estates without | ||
+ | administration where they do not amount to 20l. | ||
+ | |||
+ | ---- | ||
+ | |||
+ | Cro. Eliz. 353 ; 2 Bla. Com. ; 'J & 10 Vict. c. 95 ; 13 & 14 Vict. c. 61 ; | ||
+ | Kennard v. Jones, 4 T. R. 495 ; Wilson v. Rastall, 4 T. R. 753 ; Wellington | ||
+ | v. Arters, 5 T. R. 64 ; Hayne v. Davey, 4 A. & E. 8112 ; Eoosey v. Purday, | ||
+ | 4 Exch. 145 ; Branson „. Didsbury, 12 A. & E. 631 ; Manton c. Bales, | ||
+ | 1 C. B. 444 ; Hawkins v. Alder, 18 C. B. 640 ; Marsh v. Bower, 2 W. Bl. | ||
+ | 851 ; Rochdale C. C. c. King, 14 Q. B. 122 ; Reg. v. Betts, 16 Q. B. 1022 ; | ||
+ | Hinnings v. Hinnings, 10 L. T. (X.S.) 294 ; Gibbs r. Turmaley, 1 C. B. 640 ; | ||
+ | Jones r. Tatham, 8 Taunt. 634. | ||
+ | |||