JB/004/037/001

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COUNTY COURTS BILL.

MINUTES OF EVIDENCE

TAKEN BEFORE THE SELECT COMMITTEE

ON THE

BILL for preventing Delays and Expenses in the Proceedings of
County Courts, and for the more easy and speedy Recovery of
Small Debts, in England and Wales.

Lunæ, 21° die Februarij, 1825

LORD VISCOUNT ALTHORP,
IN THE CHAIR.

Thomas George Knapp, Esquire, called in ; and Examined.

YOU are deputy clerk of assize in the court of Common Pleas?—Yes
You receive certain fees upon all actions that are tried?—I do. I have been
associate nearly forty years; I have been clerk of assize since the death of my
brother.

Is it as associate, or as clerk of assize, that you receive fees?—As associate ; but
the associate is an office under the clerk of assize, and holds the office at his
pleasure.

Then both the clerk of assize and the associate receive fees?—The clerk
of assize nominates the associate, and then the associate holds entirely under him ;
therefore, the profits of the associate must be considered as held by the clerk
of assize, the other is a mere officer under him.

In point of fact, does the clerk of assize himself receive any fees upon actions
brought in the court?—Certainly the clerk of assize does, because the officer, for
instance, may merely have a certain sum for going each individual circuit; the
associate is an officer under the clerk of assize.

Then the associate receives a fixed salary from the clerk of assize?—Yes ; or an
allowance.

Does the clerk of assize receive any fees upon writs which are not brought to
trial?—No ; the clerk of assize receives nothing but upon cases that come to trial ;
it may happen that a cause is not tried, because it is agreed to be referred ; if that
is done by the order or the court, then there are fees, but if parties go down to the
assize town, and plaintiff chuses to withdraw his record, or to settle it, the clerk of
assize has no fee.

Then, in the case of a defendant's making no defence to the action, does the
clerk of assize receive any fee?—Certainly, if there is a verdict.

Unless where there is a verdict, the clerk of assize never receives any fee?—
Except in cases of reference.

In fact, he receives his fee upon the jury being called into the box?—Or a juror
might be withdrawn without a verdict, there would equally be fees ; the parties may
say, we agree to refer, and the court orders it, and wherever there is an order of
court, the officer has fees.

In your experience have you known many cases brought to trial, and a jury
impannelled, when the sum sought to be recovered was under 10 l.—Very many.

What do you apprehend, would be the usual expense to parties in such a case?—
It would be very difficult to say ; that does not belong at all to the officer, but to
attornies, and it depends so much upon the nature of the cause ; the expense of getting
276 B

Identifier: | JB/004/037/001 "JB/" can not be assigned to a declared number type with value 4.
Date_1	1825-05-04	Marginal Summary Numbering
Box	004	Main Headings	lord brougham displayed
Folio number	037	Info in main headings field
Image	001	Titles	county courts bill / minutes of evidence / taken before the select committee on the / bill / for preventing delays and expenses in the proceedings of county courts, and for the more easy and speedy recovery of small debts, in england and wales
Category	printed material	Number of Pages	36
Recto/Verso	recto	Page Numbering	(6-35)
Penner		Watermarks
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	1958
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