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whether that would show it, except where they hold to bail, because, upon the back of the bailable process, the sum sworn to is endorsed. How long have you held the office?—Twenty-four years. Will you be good enough to give to the Committee a return of the amount of fees which you have received in each year for the last ten years?—I will furnish that to the Committee. Supposing the effect of the County Courts Bill was to diminish your office considerable, would the amount of your disbursements remain the same?—They would be nearly the same; I do not think I can carry the establishment of the office lower than it stands at this moment, because the common business requires no great labour; than it stands at this moment, because the common business requires no great labour; it is for the difficult part of the business of the court, that the establishment must be kept up, and the profits I get upon the trifling business, remunerate me for the more difficult business; but the essential part of the business of the court would remain, and I must keep up an establishment equal to the transaction of any business that may be in the court. How many persons do you keep in your establishment?—At this moment I have eight clerks, and I have occasionally a stationer to pay for, but I never charged one single farthing for extra expense. I have paid as much as two hundred pounds per year for the dispatch of business, but I never charged a suitor for that.
[The Witness was directed to make a return of the amount of fees of his office and how they arise.
Jonathan Hewlet, Esquire, called in; and Examined.
WHAT office do you hold?—One of the secondaries of the Common Pleas; there are three secondaries. Is that an office for life?—It is an office for life under a grant made to me. Is it an office which you purchased?—Yes; I paid a large consideration for it; I should have paid more for it, but the consideration of my services in the prothonotary's office for twelve years, is the reason why I did not pay so much as I should otherwise have paid. From what do the emoluments arise?—From proceedings in our office in the conduct of causes. Upon which fees are paid?—Yes. How are the fees calculated; upon the length of the proceedings, or upon the amount of the sum sought to be recovered?—Not at all upon the length of the proceedings, but upon regular proceedings, exactly like the clerk of the rules of the King's Bench, but with this addition, we have in our court the additional duty of passing recoveries and fines, which appertain to our court only, but in other respects it is exactly like the clerk of the rules in the King's Bench. Are those fees larger when the case comes to trial, than when judgment goes by default?—No; they are exactly the same upon all occasions, except that if the cause comes to trial, there are one or two more proceedings than if the cause does not go to trial. Then in point of fact, when a cause goes to trial, you receive more money than when it does not go to trial?—Yes. But you receive money upon all causes, whether they go to trial or not?—Yes; if they pass through our office, which they must necessarily do. The amount of fees does not depend at all upon the amount of money sought to be recovered?—Not at all. What is the average amount per annum that you receive?—I cannot tell; I am not prepared to answer that at present; I did not know such a question would be asked me, but I can easily furnish that. How long have you held the office?—I was appointed in 1810, ad interim, during the illness of the gentleman who then held it; he died in Easter term 1816, so that I held it about a year and a half as his locum tenens; I was then appointed. You can give the Committee a return of the amount which you have received in each year, for the last ten years?—Yes; because I am in the eleventh year. Is there any observation you would wish to make to the Committee?—No; the questions that have been asked have been directed generally to the management of the office, and the course of proceeding in the office; we have a great number of actions, but the amount of them we cannot know, because we do no issue the first process. What is the fee you receive upon each stage of an action?—It depends upon the nature of the proceeding which has passed through the office; it is our duty to draw
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Identifier: | JB/004/039/002 "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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039 |
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002 |
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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1960 |
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