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arises from fees which are payable on every bail which is taken in the court, and every judgment which is given in the court. Did you purchase the office?—No; I did not. Is it an office that is considered legal to sell?—I apprehend it is an office that could not be sold; it is an office that is granted by letters patent under the great seal, by the King, and I do not know how it could be sold; it is considered a judicial office, and therefore perhaps it might be considered a saleable office, supposing it could be sold. In whose gift is it?—In the gift of the Crown, and I believe the only office in the court which is of that nature. How long have you held it?—Since the year 1820 I have been in actual possession of it. Who was your predecessor?—Mr. Green; he is dead. What is the usual amount of the fees?—As near 400l. a year as possible; it has never been under 350l. Can you tell what proportion of those fees arise from causes under the amount of ten pounds?—No, I am afraid I cannot; the fees I receive as chief usher of the court are precisely the same fees, whether the amount sought to be recovered is large court are precisely the same fees, whether the amount sought to be recovered is large or small; I have no variation of fees, indeed I have only two fees, and those were returned to the Committee of the House of Commons in the year 1730; they were likewise returned under the presentment of a jury in 1735, under a commission which issued for that purpose, and those are precisely the same fees which are noew taken, and which the commissioners who sat to consider the emoluments of the courts of justice reported as being anciently due and belonging to the office. Can you state the amount of fees you have received, for each year, and what the fees arise from?—I have taken a memorandum of the amount of fees, since I have been in the office; I see the amount in 1821 is 396l. 18s. 4d.; the amount in 1822 is 386l. 2s.; the amount in 1823 is 365l. 13s.; and the amount in 1824, 366l. 10s. 4d. I could state the amount for three quarters of the year 1820, which is 300l. 10s. 4d. What is the fee that you receive on each cause?—Four-pence upon every bail, and four-pence upon every judgment, whether the amount sought to be recovered in any action brought in the court is of large or of small amount it is precisely the same fee, and it is the same fee that has been received ever since the year 1730. It is probable that those fees are much more ancient that the year 1730?—In all probability they are much more ancient, for this reason, because the Committee of the House of Commons considered those as the fees the officer was entitled to receive at that period. Do you wish to state anything to the Committee?—I will take the liberty of saying, that I have the appointment under me of deputy ushers, whose fees will be in some measure, and of course materially affected, if the present Bill passes into a law; those are appointments which are in gift, and therefore the value of them being diminished, the value of my office of course will be materially affected. Are those appointments for life?—Those appointments are for life. Are those appointments sold?—I have not been in the habit of selling them; I am not, but I believe they are considered as saleable; all who were appointed before I held the office, bought their appointments. What fees are received by them?—Their fees are more numerous, and I can scarcely state what their fees are.
George Washington, Esquire, called in; and Examined.
WHAT office do you hold?—One of the prothonotaries of the Common Pleas. Is your's a place which you hold for life?—It is my freehold for life; the appointment runs in that way. Is it a place which you purchased?—A place which I purchased. From what do the emoluments of it arise?—They arise from fees. On what are the fees taken?—They are taken on the pleadings in suits, and other proceedings. Do you receive any fee upon a cause which does not go to trial?—Yes. Does it make any difference in the amount of your fees whether the cause goes to trial or not?—Yes; the fees arise at different stages of the suit. Will you state what they are?—Fees upon declarations.
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Identifier: | JB/004/038/001 "JB/" can not be assigned to a declared number type with value 4.
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1825-05-04 |
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004 |
lord brougham displayed |
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038 |
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001 |
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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printed material |
36 |
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recto |
(6-35) |
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1959 |
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