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ON COUNTY COURTS BILL 15
Do any observations occur to you, that you wish to make upon the subject of
compensation? — I should apprehend that this Bill would take away nearly a sixth
part of the master's profits.
Mr. John Glass, called in; and Examined.
Mr. John Glass. } 22 February 1825.
YOU are clerk to the inner treasury of the court of King's Bench? — I am
deputy clerk.
Can you give the Committee any information with respect to the office which
Lord Kenyon holds? — My Lord Kenyon holds the office of custos brevium, and
Mr. Hanmer is clerk of the treasury under my Lord Kenyon, and I am deputy to
Mr. Hanmer as clerk of the treasury; but Mr. Hanmer is also one of the clerks at
nisi prius for the Northern and Norfolk circuits, which appointment he holds under Lord Kenyon.
Can you give any information with regard to the mode in which the withdrawing
causes under 10l. will operate upon the fees of any of the officers who hold situations
for life? — Yes; I do business for Mr. Hanmer.
What effect do you apprehend the withdrawing causes under 10l. will have upon
Lord Kenyon's place? — I cannot say to what amount.
Will it have a considerable effect? — Not very considerable, I should think.
On what do Lord Kenyon's fees arise? — Upon the passing the records of nisi
prius, upon which the cause is tried, before the chief justice or the justices of the
different courts.
Does that take place when the cause is not brought to trial? — Yes, at all times.
Does a fee arise to Lord Kenyon on every writ that is sued out? — No; that arises
with the chief clerk.
When a writ is sued out, does Lord Kenyon, in the process after that, always
receive a fee? — A fee arises to the clerk of the treasury, Mr. Hanmer.
Does the clerk of the treasury always receive a fee when a writ is sued out? —
Yes, upon all writs that are filed returnable in the King's Bench court.
What is that fee? — Writs of the present term are only sixpence, unless they are
post terminum, and then there is a further fee of sixpence a term.
Is any part of that paid over by the clerk of the treasury to any other officer? —
I believe Lord Kenyon receives an annual sum from the treasury.
A fixed payment? - Yes.
Then, as far as the treasury is concerned, Lord Kenyon's emoluments would not
be affected by the diminution of the fees? — No.
Lord Kenyon holds the office of the clerk at nisi prius of the circuits? — Yes of all
the circuits except Middlesex.
What fee does he receive as clerk at nisi prius? — He receives half the fees
upon passing the records; there is a list of fees made out, and the fees are divided,
but I believe it is nearly half.
That is upon all the circuits except Middlesex? — Yes.
Would those fees be much diminished by withdrawing causes under 10l.? — They
will be much diminished.
Is it possible to know how much they will be diminished? — No.
Does the amount of them depend at all upon the amount of the sum sought to
be recovered? — No; upon the length of the proceedings.
Does it amount to a larger sum when the case is brought to trial, than when
judgment goes by default? — Unless the cause goes to trial, there can be no record.
Then Lord Kenyon does not receive any fee upon any case which does not go to
trial? — The record must be passed first before you can go to trial; but in cases of
nonsuit it is generally for not going to trial, or where the cause is nonsuited for some
informality previous to the passing of the record.
Supposing the defendant allows judgment to go by default, does Lord Kenyon
receive any fee upon the passing of the record? — Yes, a record may be passed, and
after that the defendant may not appear, and then judgment goes by default.
You are speaking of the fees which Lord Kenyon receives as clerk at nisi prius
of all the circuits but the Home circuit? — Yes.
Does Lord Kenyon hold any other office besides the two you have now mentioned?
— That I cannot speak of.
As far as Lord Kenyon is connected with the department of the treasury, his
emoluments do not depend upon fees? — No.
What fees does Mr. Hanmer receive as clerk of the treasury? — His fees arise out
of
276.
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Identifier: | JB/004/042/001 "JB/" can not be assigned to a declared number type with value 4.
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1825-05-04 |
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lord brougham displayed |
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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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36 |
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(6-35) |
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1963 |
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