that Mr. Prescott could only appear by petition.
The Speaker said the first business of the court was to decide on a time of meeting. It was resolved at the last court that not more than seven years should elapse between each meeting. Would the present make a similar resolution? or would they leave it to the option of the Speaker?
The Town Clerk of Sandwich wished it to be decided whether such meetings could now be legally summoned, there being now no such persons as jurats. Could the Speaker say whether these courts could be held according to law? The Speaker was of opinion that the way in which the present one was summoned was correct.
On the motion of Baron Rock, it was resolved that the Solicitor of the Ports give intimation to the Speaker for the year that it was his turn to hold that office. The Speaker in reply to a question whether anything had been received or paid since the last meeting, only knew that at the last meeting there was £160 in hand.
The Mayor of Deal having asked whether the penalties would be inflicted, the Speaker said it did not rest with him, but he should be in favour of their not being enforced.
The Solicitor then explained that the fines inflicted on Winchelsea in 1828 of £60 and £15 had not been paid, and that they were intended to be levied by the process of witherman. But the question having been submitted to Counsel, the opinion was that they could not be safely levied under that process; but when the Court should meet again the defaulters should not be admitted until the fines had been paid. In consequence of that opinion he called the Mayors together in 1835 at Hythe, and they unanimously agreed that as so many difficulties stood in the way, they would not resort to legal measures until a meeting of the Brotherhood and Guestling to be held that year. No meeting, however, took place; and in 1840, on occasion of the Wellington Festival, he wrote to the Ports to ask for a meeting, when the replies were from Folkestone that they saw no advantage in holding a court, from Faversham the same, and that it appeared unnecessary to appoint another solicitor in the place of Mr. Shipden who was dead; from Sandwich that they had no funds which could be applied; and from Hastings that it was deemed not necessary for the Court to be held. These were all the replies he obtained.
The Speaker said the question now was what had become of the £160? To this question the Solicitor replied by putting in a copy of accounts, which, being read by the Speaker's clerk, there appeared to be only a balance of £7.12s.9d. There was one item "charges made to Mr. Shipden's executors, being his proportion on general bill £107. The Solicitor explained that in 1840 he called attention to the accounts and asked for an audit on them. Mr. Shipden was then alive. [From this explanation, the inference is that the Ports did not act -
