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26 MINUTES OF EVIDENCE BEFORE SELECT COMMITTEE
(To Mr. Dax.) What should you consider a fair compensation for your place? --
Mr. Thomas Dax, and Mr. Thomas Dax, jun. 7 March, 1825.
I look upon my profits for the last seven years, to be 1,200l. a year; and as I was saying before, if the subpoena is taken away, my whole bread is gone.
Do you mean to say, the whole of that 1,200 l. a year would be gone, if the subpoena was taken away ?--Nearly so ; for I should not bring an action in the court ; I should have nothing but defences to other gentlemen's writs. We make out the writs in the office ; for I am not like any other person, because I sue out writs merely for town agents. I issue subpoenas and scarcely any other writs ; I do not issue above a dozen or two writs, but those; and if that is gone, my whole bread is gone ; and I have been fifty-four years in the office, and my father was fifty years in the practice before me.
Do you issue more subpoenas than the other three attornies ?--No, I do not know that I do ; I should think that I have issued as many subpoenas as either of the others. I have more town agency than any other in the office ; I have consequently a great number of appearances to subpoenas to other gentlemen's writs.
Is not that accidental, from your being better known than the others?--It is from my general acquaintance.
It is not a necessary incident to the office ?--No, it is not.
(Mr. Dax, junior.) My father's business lies more with defendants than with plaintiffs, those appearances necessarily come from other attornies; and the same reasoning applies to the writ of quo minus ; it is not confined to the writ of subpoena.
What is the fee on appearance?--There is a declaration ; if a writ is appeared to, then the whole is gone through. The chief profit is when it comes to the declaration.
Only a small proportion of the causes under ten pounds go on trial probably?--
No.
They are generally settled on the attachment?--Yes ; of the parties appear to the subpoena before attachment, to prevent it.
(Mr. Dax, senior.) I can say, without the least hesitation I shall lose at least two-thirds of my business.
Would every gentlemen in the court lose the same proportion ?--The other gentlemen do a great deal of other business, and therefore they would not feel it equally with myself. I believe the generality of the office consider that only one-third would be lost to them; but I am satisfied it would be two-thirds to me.
You have the right of selling those four appointments in your office?--Yes; and if the business of the office became less, there would be some difficulty in selling them.
What did you get for the last?--Three hundred guineas.
What are the ages of the persons who hold them ?--The four are, Mr. Meredith of Lincoln's-inn, he is about sixty; Mr. Adlington, of Bedford-row, is one ; Mr. Walker, of Lincoln's-inn-fields; Mr. Elkins, who is an old man ; but it sometimes happens that those gentlemen wish to resign, that they may do on paying two hundred guineas, and resign in favour of another. It would be very difficult for me to think of any other business which I never have followed, because my eyesight is impaired, and I do not know how far it may not soon be injured.
Is the office you have mentioned, the only one in which you will be affected by the passing of the County Courts Bill ?--Yes, it is the only office I hold.
Are there many writs of quo minus issued for debts under 1 0l.?--A great number.
Would it affect you in that ?--Yes; but in a small degree, because I do not issue, I dare say, two dozen writs in a year of that description ; then there are appearances to process ; I appear to all process.
Have the side clerks precisely the same privileges, as far as respects writs, that the attornies have ?--Precisely so.
(Mr. Dax, junior.) In my opinion, two-thirds of my father's income from this, would be about the loss.
As the employment is voluntary on the part of the attornies, may it not in the course of a year or two be decreased ?--It is perhaps in all business in the profession the most easy, and it is business that might be done by an agent.
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Identifier: | JB/004/047/002 "JB/" can not be assigned to a declared number type with value 4.
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1825-05-04 |
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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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1968 |
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