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ON COUNTY COURTS BILL. 21
Then the emoluments of the six attornies in the court would be considerably
diminished also?- Two thirds I should conceive; the court is held every Friday,
and it was only last Friday there were sixteen inquiries, and out of those sixteen
there were fourteen under ten pounds.
Mr.
William Railton,
22 February,
1825.
What is the usual expense of an action in the Marshalsea court? - The costs
taxed are about six pounds ten shillings undefended, and about eight or nine pounds,
it depends upon the length of the brief, defended, since the 10th of October, when
the stamp duty was taken off.
What difference has taking off the stamp duty made?- About twenty-five shillings
in each cause.
Do you in that include the cost both of the plaintiff and the defendant?- The
cost of the defendant are about eight pounds, and the costs of plaintiff in a
defended cause about nine pounds.
Then the two together come to about seventeen pounds?- Undoubtedly.
You having stated that the profits and emoluments of the attornies in that court
depended entirely upon the option of parties who sue in the court, as to employing
them, how is it possible to estimate any compensation to be given to them for the
loss they wold receive by the general diminution of business in the court?- The
business depends considerably upon recommendation ; if you are concerned for a
person sued, perhaps he will, in the course of three or four days, recommend some
of his friends to you, are therefore it depends a great deal upon recommendation.
How would it be possible to estimate what compensation should be given to a
person so situated, whose profits may depend upon recommendation?- I do not
know how it is possible to calculate upon compensation further that upon the decrease
of business for small sums.
It would be very easy to calculate what compensation to make to the whole of
the attornies, but how would it be possible to make a right compensation to each of
them?- It would make more difference to one than to another, because some do
more business than others; and it is according to the quantity of business that an
attorney does, of course, that his loss would be.
Were you in the court at the time the Southwark court of request was established
- Yes.
Did you receive any annuity in consequence of the establishment of that court?--
Not any.
Did not the attornies receive any?- Not one of them.
The counsel did?- The counsel at that time had 50l. a year.
Are you aware upon what principle it was that the attornies did not get compensation,
though the counsel did?- I never rightly understood that ; there was no
idea that the counsel would ever apply for or get compensation. I believe the
reason that compensation was not given to the attornies, was in consequence of
their allowing a concurrent jurisdiction with the Southwark court ; but there certainly
was not any compensation given to them, or to any persons belonging to the
court who would have suffered equally with the counsel, but to the counsel.
What is the sum that is given for the purchase of the place of attorney in that
court?- There is one vacancy at present, which has been vacant for sixteen months,
and which has not been sold in consequence of this Bill being expected to pass.
What would it have been sold for if it had not been for that expectation?- Fifteen
hundred pounds.
Who receives that?- The lord steward of the household for the time being, and
the knight marshal ; at present the Marquis of Conyngham and Sir Charles Lamb:
it is perquisite to them. At present there is 1,000l. offered for the vacant place,
which I have some reason to believe will be accepted.
Mr. John Dax, called in ; and Examined.
YOU are assistant master of the court of Exchequer?- I am deputy; the letter
that I sent to the Committee was from my son, who officiates for me generally at
Westminster.
Mr.
John Dax.
Are you paid by a fixed salary, or by fees?- By fees.
You are paid entirely by fees?- Yes
From what do those fees arise?- From a variety of things; for there is no other
officer of the court to receive any fees, but myself and Mr. Rose
Do they arise in civil actions for debt?- Yes.
276. F What
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Identifier: | JB/004/045/001 "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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printed material |
36 |
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(6-35) |
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1966 |
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