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22 MINUTES OF EVIDENCE BEFORE SELECT COMMITTEE
Mr.
John Dax.
}
22 February,
1825.
What is the nature of the actions for debt that are brought in the court of Exchequer?
— The same as if brought in any other court.
In what part of the process do the fees arise? — From the beginning to the end;
and there is a fee from every writ that is issued, and there is a variety of other processes
that there are fees upon.
Do the fees depend at all upon whether the action comes to trial or not? — There
are more when they come to trial, of course.
Do they depend at all upon the amount of the sum sought to be recovered?
— No.
Do they depend at all upon the length of the proceedings? — Certainly they do.
What is the fee upon a writ? — The signing of a writ is a couple of shillings.
Do you receive the whole of that yourself? — No.
To whom do you pay any part of it? — Mr Rose.
How much goes to Mr. Rose? — Half.
How long have you held the office? — Twenty-seven years, within two or three
days.
Is there any reversion upon it? — Not that I know of.
Did you purchase it? — No; Sir Archibald Macdonald recommended me.
What is the amount of the emoluments that you receive in a year? — It varies
according to the business.
About what is the average of it? — I have received 1,200'l. a year, but not now.
Was that for your own share, or the gross amount? —For my own share.
Do you pay any persons fixed salaries under you? — A clerk.
How many clerks? — One; and I pay my assistant.
A fixed salary? — Yes.
Supposing the business of the court of Exchequer to be diminished, should you
be able to dispense with the services of either the clerk or the assistant? — I do not
know that I should; I am not aware of that. I used to do the duty myself; but
I need not tell the Committee that I am an old man, and therefore could not do all
the duty myself.
When you did the duty yourself, you had no assistant? — Certainly not; I have
had an assistant seven or eight years.
When you did the duty yourself, had you a clerk> — Always a clerk.
Supposing the business of the court of Exchequer to be diminished, would it be
possible for you to do without a clerk? —Certainly not.
What is the salary you pay the clerk? — Somewhere about 200l.
If the business was diminished, should you be able to pay him a less salary? —
I do not know that I should, for he draws up all the rules and order; I could not
do without him.
[ The witness was directed to make return of the emoluments of his office, for
the last ten yours, distinguishing each year. ]
What is the amount of Mr. Rose's profits, from the office he holds? — The same
as mine.
You divide them equally? — Yes.
Of the different fees which you receive, do you apprehend that any one class
would be more affected than another, by taking away from the court all causes under
10l.? — I am not able to answer that.
Can you tell to what degree your fees may be diminished, if causes under 10l.
were taken from your jurisdiction? — I dare say at third.
Can you make any accurate calculation? — Of course that will appear from inspecting
the accounts, which the Committee have required.
Mr. Harris, called in; and Examined.
Mr. Harris}
WHAT is the office you hold? — I am called the under usher of the court of
King's Bench.
Who is your superior? — Mr. Dealtry, of the Crown office.
Do you receive any fees upon civil actions? — A great many; they are small </lb>
fees.
Do you receive a large proportion of fees upon criminal actions? — Yes.
Can you distinguish between the fees that you receive on criminal actions and </lb>
those which you receive on civil actions? — Yes; we are allowed upon civil actions,
common
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Identifier: | JB/004/045/002 "JB/" can not be assigned to a declared number type with value 4.
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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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1966 |
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