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30 MINUTES OF EVIDENCE BEFORE SELECT COMMITTEE
Stephen Richards,
Esq.
9 March,
1825.
a depreciation of the process to the amount one-third, yet before I made
a claim for compensation, I should choose to inform myself more correctly on
the subject, that is my general impression; and I am sorry to say that I think
that there are many of that description of writs that are sued for, particularly
under the Exchequer subpoena; that is the leading one. I conceive, the office of
clerk in court, an office independent of the solicitor; the very object of the com-
mission which has been lately sitting to inquire into the nature and fees of the
office in the preamble, to that part which relates to the office of Pleas, the com-
missioners state, that one of their duties is clearly to distinguish and define that
which is the clerks in court fee, and that which is the solicitors fee, and contra-
distinguish one from the other, and in that there is a long schedule of those fees
which they have admitted to be ancient fees; they generally have endeavoured
to confine them to the payments which were made in the year 1730.
Mr.Bryan Holme, called in ; and Examined.
Mr.
Bryan Holme.
YOU are one of the side clerks?- I am one of the side clerks in the Exchequer
of Pleas.
Did you purchase your place?- I did.
That was when you first came into the office?- My partner purchased his
place ; I was in partnership with Mr. Alexander, he purchased his place, and then
on his resignation, I purchased mine.
Of him?-No, of the attorney of court.
What did you give for it?-Three hundred guineas.
Did you give any thing besides that, at any other time, for the business?-No;
I gave Mr. Alexander two hundred guineas for his resignation of the situation to
me ; he retired from business, and it was part of the terms on which he did retire,
that I should give him two hundred guineas for resigning his situation as clerk in
court, and after he had done so, then I had the usual fee of three hundred guineas
to pay to the attorney of the court, Mr. Collett.
That would be five hundred?- Yes ; only that two hundred had nothing to do
with the official regulation ; three hundred guineas by the official regulation.
What do you consider the value of your place now? I am not able to ascertain
it ; I have no means of ascertaining it.
Can you ascertain what proportion of the business that you do, is for writs under
ten pounds ; say for business under ten pounds?- That is a very difficult thing to
do, because unless the suits go on to a declaration, we are seldom able to do
it in any actions that are not bailable ; it is difficult to do it ; but in consequence
of this we have been endeavouring, as well as we could, to ascertain it ; and those
actions under fifteen pounds, we think, about one-third ; I had understood fifteen
pounds was the supposed limit ; and with respect to ten pounds, i am not enabled
to say, but I should think there would not be much difference between the two,
it would be reduced a little below one-third.
That is with reference to the number of writs sued ut?- Yes.
But there is a much larger proportion that come to trial of cases of a higher
denomination, than of those that are under ten pounds?-Oh, certainly.
So that the emoluments are much greater ; the emoluments arising from a case
are much greater on an average when it is above ten pounds, than when it is below
ten pounds?-Not if it went to trial, I should apprehend there would not be much
difference.
But a smaller proportion goes to trial under ten pounds?-A great many of them
are settled that we never hear more of after a writ is issued.
According to the best opinion you can give, what is the proportion of the emolu-
ments arising between the whole business, and the emoluments arising from causes
under ten pounds?-I am unable to answer that question ; and I apprehend it
would require a great deal of investigation for any person to be enabled to answer.
You think, on the whole, the number of writs issued is one third under ten
pounds?-Yes, under fifteen pounds; that is the best calculation w can make, but
it is an extremely uncertain one.
The quantity of business under ten pounds will be less in proportion than the
proportion of writs under ten pounds?-I should think it would.
Considerably less?-I should think so. I was not al all of course prepared for
these questions, and therefore I have not had an opportunity of turning it in my
mind, much less of investigating the matter
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Identifier: | JB/004/049/002 "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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