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32 MINUTES OF EVIDENCE BEFORE SELECT COMMITTEE
Mr. John Dax. 23 March 1825
But it is worth much more than when he first purchased it, inasmuch as the next step is, that of a sworn attorney, which gives him the privilege of selling the four places when he gets it?--Certainly.
But you cannot tell us what is the comparative value?--No, we cannot.
If a man gives 4,000 l. for the good will of a business, that has nothing to do with the value of the office itself?--No.
Because the very business would be worth a great deal of money, even if the party had not become one of the sworn clerks of the Exchequer?--Yes ; Mr. Richards has got the business of two or three gentlemen.
But if we could ascertain how much a person paid for the actual business which he has, and could also ascertain what a proportion applied to business under 10 l. ; if we were to give compensation upon that scale, would not that be a fair mode?--I am not able to judge of that. I never knew what Mr. Richards gave for any of the situations.
Whom did Mr. Richards buy his business of?--Of Mr. Tanant.
I suppose the side clerks, who have considerable business in the court of Exchequer, occasionally practise in the other courts?--Certainly. What is your age?--Seventy-six.
How long have you been in the office?--Twenty-seven years.
Mr. Thomas Dax, called in; and further Examined.
Mr. Thomas Dax.
I WISHED to state, with reference to your question to my father, that the attornies and clerks in the court have the exclusive privilege of making office copies of all the pleadings, which is a fee, and has nothing to do with their being attornies or agents.
How is the privilege of making office copies divided among them ?--The whole is charged by the clerk in court.
If the whole is charged by the clerk in court, how is it divided amongst the attornies and side clerks?--Of course the number of office copies depends on the quantity of their business.
It is possible, then, that there might be a side clerk on the pleas side of the court of the Exchequer, who had no office copy to make during the whole year?--Certainly.
Do you know, that in the court of King's Bench office copies are made by the persons who are clerks in the court, but who do not practise?--Yes.
The side clerks and sworn attornies in the court of Exchequer unite what is done by the officers of the other court with the business of attornies, and not only draw their declarations, but file them as officers, and take out office copies as officers, and they do all the details that the clerks do in the other courts?--Yes. But still every side clerk does all official business that is connected with his business as an attorney?--Certainly.
Is it often that an office copy is required?--As often as in any other proceeding. But we are told, that in the court of Exchequer there is such an understanding between the side clerks, that the business goes on with less expense as to office copies than in the court of King's Bench?--Not that I am aware of.
Do you suppose that the twentieth part of the whole business is business done under 10 l.--Yes, more than that, I should think.
How much should you put it at, according to the best of your judgment?--I should think a fifth or sixth part must be under 10l.
What were these bills you delivered in?--A return of the fees paid to the master. It is not their business.
This is merely a scale of the proportion?--Precisely so.
Mr. Adlington's business depends on his being an attorney in great practice, and if the court of Exchequer was dissolved to-morrow, his business would be just as good as it is now?--He does a great deal of business in the Exchequer, and he has other considerable business also.
Is Mr. Adlington employed only in the court of Exchequer?--Buy some of his clients. Is there any one who has no business out of the court of Exchequer?--Yes, there is
Mr. Dax.
Is there any other ?-- I am not aware there is.
Mr.
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Identifier: | JB/004/050/002 "JB/" can not be assigned to a declared number type with value 4.
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1825-05-04 |
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lord brougham displayed |
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050 |
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002 |
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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printed material |
36 |
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recto |
(6-35) |
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1971 |
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