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The charger (Wilson) thereupon raised an action against him as for an ordinary debt under the small debt act, (stat. 6 Geo. IV. c. 48,) before the Justices of Peace for the county of Renfrew. These Justices decerned against him for L.1, 1s. as the value of the pelisse, after deducting four shillings for the amount of the sum advanced on it, with interest, and for 2s. 11d. of expenses. And afterwards refused, as incompetent, an appeal which he offered to the quarter sessions, in terms of the 35th section of the pawnbrokers' act.
Henderson presented a bill of suspension of this decree, upon the ground that it was in direct opposition to the provisions of the pawnbrokers' act, (stat. 39 and 40 Geo. III. c. 99,) and with a view, as he stated, of trying the question, as one of general importance to pawnbrokers. He at the same time raised a summons of reduction.
The charger answered —That the suspension was incompetent, in respect of the stat. 6 Geo. IV. c. 48, which did not allow any review of decrees pronounced by Justices of the Peace in their small debt court.
The suspender reclaimed; but the Court unanimously refused his note, leaving him to obtain redress in his action of reduction.
Lord Ordinary, Moncreiff. Act. A. Macneill. Alt. Steele. Charles Fisher and John Patton, Agents. F. Clerk.
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