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28 MINUTES OF EVIDENCE BEFORE SELECT COMMITTEE
which I had leisure for more business than actually came before me.
H. R. Reynolds, Esq. 9 March 1825.
In the suggestion I make of dividing England into four instead of three circuits, no one of the four would be so extensive as the one that I have mentioned. Of course, I cannot speak precisely on this subject, because I am without sufficient data on which to consider the business of the County courts at each place ; but that I had considerable leisure on my hands at different places is certain.
Then you think, that by a diminution of the size of the circuit, and an addition to the time which you were on it, you would probably be able to do the business of the Small Debt courts ? --I do.
How many commissioners do you conceive it would be convenient to have generally in town?--Not more than three.
Then, if two commissioners were added, three might always be in the country ?--
Three might always be in the country.
Do you not conceive, that with three commissioners always in the country, you might have four circuits in the year, and also transact the business of the County Court Bill?--I should think that it might be so ; but all arrangements would require great consideration.
Mr. Luff Stocker, called in ; and Examined.
Mr. Luff Stocker.
CAN you state generally the ground on which you claim compensation?--In the language of our petition, the money we have been paying for premiums when attornies are admitted, resident many years on the spot, where we have had the opportunity of suint out a great number of writs in the course of the year, in conducting the business of agents, and from which we have been getting our living. It seems to be a hard case we should be deprived of that without renumeration.
Is there any thing to distinguish your case from that of other attornies ?-- From attornies generally, there are agents who stand in another situation.
Is there anything to distinguish your case from other agents?--None at all.
There is a great quantity of agency business transacted in London?--Yes; and we have a very good share of it ; it would make certainly a very important difference to us annually ; we should be losing something very considerable every eyar by a measure of this sort, if it should be carried. That is, supposing the Bill is limited to what it is expected, to actions under ten pounds ; we sue, out in the course of a year a great number of writs for debts much under ten pounds, and I suppose it would affect us even beyond that sum, because, if ten pounds were the limited sum, I suppose some plaintiffs, rather than have the trouble of sending witnesses, or coming up at all about their business to London, would, if they could have it very near them, be induced to give up part of their debt for the sake of dispatch ; that they might do, and I think we should be sufferers, even in that respect, for sums as far as twelve and thirteen pounds. They might be induced to give up two or three pounds of a debt so as to come within the benefit of that Act.
What do you suppose is the proportion between the number of writs that are sued out for debts under ten pounds, and the number of cases that are tried for debts under ten pounds, what proportion come to trial ; one in a hundred?--No ; but I am not well prepared to say, without making some calculation ; I should say for about every three hundred writs, I should think we have perhaps about one hundred declarations, that is the only proof ; for when writs are sued out, we do not know the amount ; our client says, "Send us down a writ, A. B. against C. D." Until it comes to a declaration, we know nothing of the amount ; then we are very frequently informed of the amount of the debt, not always then ; sometimes our clients say, "Declare in this for goods sold and delivered ; " or, "for work and labour ;" and lay the damage at such a sum, which is very large, sufficient to cover sometimes two or three times more than the debt. I should think it would be about in that proportion ; about one third that come to declaration.
The is for writs of all amounts?--No ; I am confining myself to writs upon serviceable processes only, not bailable writs. You think one-third of the writs come to trial ?--No ; that one-third of the writs come to declaration.
How many do you suppose come to trial ?--I have not been able to satisfy myself as to that.
You were asked whether you thought one in a hundred came to trial ; you said, you thought about one in a hundred ; that must be a mis-apprehension?--Yes ; I meant one-third for three hundred writs; I had one hundred and four declarations.
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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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