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16 MINUTES OF EVIDENCE BEFORE SELECT COMMITTEE
Mr. John Glass
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22 February 1825.
of the filing of those writs, and the searches and the official copies to be produced
in evidence in court.
Do his fees depend at all upon the amount of the sum sought to be recovered? —
No.
Do they depend upon the length of the proceedings? — Yes.
Are his fees greater when a case goes to trial than when judgment goes by default,
and it does not go to trial? — Not in the treasury, they are the same.
He receives a fee of sixpence upon every writ that is issued? — Yes; for the filing
of every writ.
Are all writs filed? — All writs returnable in the King's Bench.
How does Mr. Hanmer pay the clerks which he employs? — By fixed salary.
If the business in the court of King's Bench was diminished, would he be able to
do his business by fewer clerks? — Yes.
How many clerks does he employ now? — At present he only employs me, as
deputy, and when the business is of that nature that it requires assistance, we
procure it.
Andrew Edge, Esquire, called in; and Examined.
Andrew Edge,
Esq.
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WHAT is the office you hold in the court of King's Bench? I hold several; in
the first place I am clerk of the outer treasury, and that department includes the last
six terms; the clerk of the upper treasury was also in the same department, he has
the anterior rolls in his custody from Edward the Fourth; I have only the six last
terms.
Then you always give up the six preceding terms into the hands of the clerk of the
upper treasury? — Yes; so that I have but six clear terms in my possession.
What other offices do you hold? —I am clerk at nisi prius for the Home and Midland
circuits, and deputy clerk of nisi prius for the Oxford and Western circuits;
I am also filacer for Essex and Monmouthshire. The Honourable Mr. Kenyon is
filacer for all the other counties and cities.
As clerk of the outer treasury, from whence do your emoluments arise? — From
the current business of the court.
Do your emoluments arise from fees that you receive? — From ancient fees.
On what are those fees paid? — They are paid by the respective suitors.
On what occasion? — With respect to the history of my office, the Committee will
find it fully stated in the Report of the Commissioners; the duties of my office are to
enter up the judgments of the court in all cases of verdicts after trial and other
interlocutory matters, such as in cases of judgment by default, and under rules of
court.
Do you receive a fee upon every judgment that is entered? — Upon every one only
that is brought me for that purpose.
Does the amount of that depend upon whether the cause has gone to trial, or
whether it has gone by default? — There is a distinction between the one and the
other; the general average of the fee upon what we call after verdict, which is posteas,
is 5s. ; judgment by default, 2s. 6d. and sometimes 3s. 6d. it depends upon
circumstances.
Upon what circumstances does that depend? — Where there is a lapse of an
intervening term, we then are obliged to enter continuance from one term to the
other, so as to keep the proceedings alive, in that case I charge sixpence extra;
there is a good deal of writing on those occasions; I have held the office near half
a century.
What other fees do you receive, as clerk of the outer treasury? — There is a document
which contains a numerical list, from one to as far as there may be occasion in
the present term; supposing this was term time, the clerk of the judgments in the
court of King's Bench gives the numbers out gratuitously as of that term; and three
days before the commencement of the ensuing term, which is called the essoign day,
I attend in the Temple to receive the rolls of the past term, for which I pay fourpence
each, aggregable to usage, and for which I am repaid by the chief justice.
Who do you pay that to? — To the solicitors who bring in the rolls; after the
commencement of the subsequent term, for the numbers that are then given out, we
are entitled to a fee of 4s. 4d. which is termed a post terminum; all numbers, therefore,
given out in term under that denomination, are charged 4s. 4d. within the last
six terms.
What are the circumstances which cause them to be given out as post terminums? —
In
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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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