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Click Here To Edit ON COUNTY COURTS BILLS
Mr.
Bryan Holme
9 March
1825.
In fact, no person with any care could give us very accurate information on such
a point?— I think not, because we do not know when we sue out a process which is
not bailable; we do not know whether it is for five pounds or five hundred pounds;
in some cases we never know; if a summons is taken out for particulars, then we do
know. The instructions of course are to declare for goods sold and delivered,
damages 100 l. or 500 l. which is discretionary with our client who instructs us.
—
Mercurii, 23o die Martii, 1825.
LORD VISCOUNT ALTHORP, in the Chair.
—
Mr.
John Dax.
23 March,
1825.
Mr. John Dar, called in ; and Examined.
WE are desirous of knowing, if possible, how the attornies and side clerks would
be affected by the operation of this Bill, to what extent; can you give the Com-
mittee any information on that subject?- I have given nearly all the information
I can as to that. I have delivered in an account for ten years, of the whole profits ; and I gave for one term, the last term, the profits of all the fees for the half-yearly
bills. Certain bills are made out half-yearly ; and for the other bills, which are
termly, judgements and rules.
You must be aware it is extremely difficult, and perhaps impossible, from such
a document as that, to form and opinion as to what extent each of these sixteen officers
will be affected by the Bill?- It must be in proportion to their business, and the
paper shows that pretty well.
Each individual office may be affected in proportion to his business; but what
is the proportion of the loss that each individual will sustain with reference to his
whole business; what part will e affected by the operation of this Bill?- It will be
affected in general.
To what extent?-That I cannot say ; they only can make out their loss.
Does the business for writs under 10 l. form any considerable proportion of the
whole business?-Certainly.
We wish to know what proportion of the whole business consists of business in
causes for debts, trover, for taking goods, and trespass, for taking goods under
10l.?- In the year 1823, I was called upon to deliver in an account of the writs,
and to distinguish as well as I could, which I did at that time. If you advert to
that, that is the best information I can possibly give. I had a great deal of trouble
in making out the account ; I made it out myself.
Can you distinguish, in the amount of the receipts of the four sworn attornies
and sixteen side clerks, such fees as are paid to them officially for their situation in
the court of Exchequer, from those paid to them for their professional duties as
attornies?- Nobody can act in the court of Exchequer but those who are directly
attornies of it.
Are the whole of the fees which they receive, fees that are paid to them as pro-
fessional men, and not fees in consequence of their official situation?- They, of
course, have a right to bring all their own business in the court of Exchequer, being
attornies of it; and they have certain sums which will be lost to them but the effect
of this Bill. They have their business; some agency.
Suppose I was to without any business as an attorney into the court of Ex-
chequer, and become a side clerk, should I have any emolument at all?- Nothing,
but from your business.
Then it is a privilege of practising there to the exclusion of all other people?-
Yes ; for which they pay.
If an attorney, after he has purchased one of these places, has clients of his own,
all the fees go into his pocket?-Just so.
If he acts as agent for a country attorney, in what proportion does he divide those
fees?- I suppose he may get two-thirds, I should think at least.
But all this is dependent upon the number of clients that he possesses?-To be sure.
What is the situation worth to sell; a side clerk's always sells for how much?-
Three hundred guineas.
He becomes then junior d=side clerk when he purchases?- Yes.
And he works his way up till he becomes one of the sworn attornies?-Yes.
What is his situation worth before he is sworn attorney?- There is no mode of
ascertaining that.
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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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