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MINUTES OF EVIDENCE BEFORE SELECT COMMITTEE 6
T. G. Knapp, Esq.
21 February 1825.
getting it up must depend upon the nature of the cause, the quantity of evidence,
and a variety of circumstances, that I cannot give any opinion upon that.
What proportion of the causes upon which juries are impannelled, should you
apprehend are for a sum under 10l.?—I should say, as far as I can form a judgment
upon such a thing it would take a fourth of the causes away.
Can you state what is the amount of fees which you have usually received every year?—I think the office of associate communibus annis produces about four hundred pounds a year, on the Home circuit; and I allude to that, because I apprehend the Committee allude to nothing but the office of associate; the clerk of assize is totally distinct, because that is the criminal branch, but the office of associate is as near as can be four hundred pounds a year.
You think it would take away one-fourth of this?—As near as I can form
a judgment.
Can you give the Committee an exact return of the amount of fees received in
each year, for the last ten years?—Certainly I could.
[The Witness was directed to furnish such a return.]
Are there any officers for life, beside the associate, who receive fees upon causes
brought to trial on the circuit?—The judges officers do.
Which officers?—His marshal and his crier.
His marshal is not a place for life?—It is at the Judges pleasure, the chiefs have
another officer, the tipstaff, who I know attends, but I know nothing about his fees.
Is the tipstaff a place held during the pleasure of the chief justice?—Yes; the appointment is by the chief.
And the offices of marshal and cryer are offices held during the pleasure of the judges of the assize?—Yes; the
marshals are constantly altered.
Is there any other officer besides the marshal and the cryer and the tipstaff, who
receives fees upon causes tried at the circuit?—No, I am not aware of any.
Will the Home circuit be affected as much as the other circuits in the kingdom,
by withdrawing causes under ten pounds, from the superior court?—I think less
than other circuits that are at a greater distance from the metropolis; parties in
the Home circuit to which I alone belong, frequently try causes of small importance
in the metropolis, either in the King's Bench or Common Pleas; of course, I allude
now to causes that may be tried any where; in those counties, parties will frequently
come here, the sittings being oftener, and as they can try it at less expense frequently,
than going to the assize town, I think the Home circuit will be less injured
than others, but still I think, as far as I can form an opinion, that it will be injured to the extent of one-fourth.
Do you hold any other office that will be affected by withdrawing causes under ten
pounds from the superior courts?—I hold the office of associate in the Common
Pleas.
Is that a place for life?—It is at the pleasure of the chief justice.
Have you ever known any instance of an associate or a clerk of assize being
removed?—I have known them altered; I was an associate myself, before I was clerk of assize; I became clerk of assize upon the death of my brother.
What are your emoluments as an associate in the court of Common Pleas?—I have
not been an officer quite a twelvemonth, and therefore I cannot well answer to that
point; I have got nearly to the end of the year, and as far as I can calculate,
I think I shall make nearly four hundred pounds; but in this very sittings, there
are now sixty-nine causes, and of course, they will be included in the year; I should
state to the Committee, that the causes in the Common Pleas have been remarkably
small, and that now for the first year they have been much larger, and may be
more again.
What proportion of the causes on which you have received this four hundred
pounds, have been for sums under ten pounds?—As far as I can judge I should be
much inclined to say much about the same thing, about a fourth.
Peregrine Dealtry, Esquire, called in; and Examined.
Peregrine Dealtry, Esq.
WHAT office do you hold?—I hold the patent office of chief usher and cryer of the court of King's Bench.
Is that a place which you hold for life?—Yes; its is under His Majesty's letters patent.
From whence does the emolument of that office arise?—The is no salary, it
arises
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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 |
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