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ON COUNTY COURTS BILL.
Martis, 9° die Martii, 1825.
LORD VISCOUNT ALTHORP, in the Chair.
—
Henry Revell Reynolds, Esquire, called in; and Examined
H.R. Reynolds,
Esq.
9 March,
1825.
YOU are the chief commissioner of the Insolvent Debtors court? — I am.
<p>Have you ever taken into your consideration the possibility of uniting the busi-
ness of the Insolvent Debtors court and the court for small debts contemplated by
the County Court Bill? — It has occurred to me, that the commissioners of the
Insolvent court might be able to discharge that duty, with an addition to their
number.
Have you ever considered whether the assessors to be appointed according to
the County Court Bill could perform the duties of commissioners in the Insolvent
court? — I am decidedly of opinion that they could not as satisfactorily as the duties
are performed under the present system.
State the reasons why you think so? — One of the evils which I believe it was
intended to remedy, by giving the jurisdiction in the country to the commissioners
of the Insolvent court, was the want of uniformity in the administration of the law
by the magistrates in the country. The circumstance of the commissioners of the
Insolvent court sitting together in London, 'and conferring together on all points
connected with their duty, secures an uniformity in the administration of the law
by them. A serious evil has been thus removed; a great advantage gained, the
continuance and security of which ought not, in my judgment, to be placed in
hazard: further, by going different circuits, the commissioners are unconnected
with any of the local interests in the various places to which they go, and all sus-
picion even of any influence is removed; which I certainly found, in my last circuit,
was considered as an advantage in the administration of the law by the commis-
sioners. When also it is considered that no person has been thought qualified
by the legislature for the situation of a commissioner of the Insolvent court who is
not a barrister of ten years standing at the least, and when I understand it is con-templated that the assessors should be of three, I cannot think that any person of less probable legal and worldly experience thank a barrister of ten years standing is
competent to discharge the duty of a commissioner of the Insolvent court; because
the Committee must be aware, that the court has before it every description of
persons, in almost every possible situation, rank, and condition in life.
How many circuits is England divided in, for the purpose of doing the duties
under the Insolvent Debtors Act?—Three.
Will you state which they are?—I could not venture to state this accurately at
this moment.
Is Wales included?—Wales is not included.
Now supposing the duties of acting in the Small Debts court was added to the
duties which are now performed by the commissioners of the Insolvent court, and
Wales added, into how many circuits do you think it would be necessary to divide
England for that purpose?—Not having myself gone the Northern cicuit, in which
there is the greatest quantity of business, I could not form any definite opinion
on that point ; but at present I should think that it might be done by dividing England into four circuits, and one for Wales.
How many circuits in a year do you go now?—Three.
Which circuits have you gone yourself?—I have only gone one, which we call
the Southern circuit.
What extent is that?—The counties were, Berkshire, Oxfordshire, Worcester-
shire, Herefordshire, Monmouthshire, Gloucestershire, Somersetshire, Devonshire,
Cornwall, Wiltshire, Dorsetshire, Hampshire, Sussex and Kent.
How long were you out on that circuit?—Seven weeks exactly.
Is it your opinion, that in that circuit you could have done the business of the
Small Debt courts, had that been imposed on you at that time?— Certainly in no-
thing like that time; I could not have done it in seven weeks
Did you find your time wholly occupied in each place?—No.
Is there not a great deal of business that is done by the clerks, when you had
leisure to attend to business of a different description?—The business done by the—clerks is in an evening, after the court was over; but there were several days in which
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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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