JB/004/051/002

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34 MINUTES OF EVIDENCE BEFORE SELECT COMMITTEE

Lunae 2o die Maii, 1825

LORD , in the Chair

William Reader, Esquire, called in; and Examined

William Reader, Esq. 2 May, 1825.

DO you not act as judge of the Marshalsea court at present?—I do; as deputy
to Bourton Morice, esquire.
What is the amount of the causes tried before that court?—To any amount whatever,
of causes arising within the jurisdiction.
How far does the jurisdiction extend?—To twelve miles around the Palace.
Are not certain causes removable from that court?—Yes; all causes above 5l.
are removable.
Are there many instances of causes tried in that court which are removable?—
A great number.
Above the sum of 5l.?—Yes; a great many.
Up to what amount of money are they usually tried?—I should say that the
number of causes usually tried in that court, do not amount to more than 20l.
Can the causes be removed up to 20l. without giving bail?—Causes to a greater
amount than 20l. may be removed without bail, at the option of the parties.
Do you think it is desirable to leave the power of removing causes, in the parties
who sue in that court?—I think it would be desirable in causes of a considerable
amount, but with respect to causes of no very great amount, I think it would
be to the interest of the parties, that they should not be removable.
is it a trial by Jury?—It is; the causes are all tried by a jury, and I can speak
from my own knowledge, that the juries sitting in that court, are some of the most
respectable I have seen any where; they are taken from the respectable tradesmen
of Westminster.
Who summons the jury?—I think the jury is summoned by the direction of the
prothonotary.
Do you apprehend, that if the County Courts Bill passed, so as to give the County
court a concurrent jurisdiction up to 10l. with the Marshalsea court, that the business
of the marshalsea court will be much diminished?—I think not, according to the
best of my judgement.
Upon what do you found that opinion?—As far as I can collect already, from
the scale of costs, as given in the County Courts Bill, the difference between the
costs of the Palace and the Marshalsea court, and the County court, to which they
would be entitled under the new Bill, would be so small, that I think they would
prefer the other jurisdiction in general; I mean by that, that there would be more
of the forms of a court in the Marshalsea and Palace court, the parties would have
a respectable jury, and their cases would be tried with all the form and solemnity
of a superior court, it would have the form and figure of a superior court of
jurisdiction, and I think therefore, it would be generally preferred.
How many cases are tried in the Marshalsea court in a day?—I am not in a
consition to give an accurate average, which is the only way I can put it. I happen
the two last weeks to remember the number that were tried were nineteen writs of
inquiry and eight issues one each day, there was the same number on each day.
How often does the court sit?—Upon the Friday in every week.
Do you see any objection to preventing all causes under 15l. from being removed
from the Marshalsea court?—No, I see no objection whatever; on the contrary,
I am of opinion that it would be advantageous to the public that it should be so. <p> Mr. George Humphries, called in; and Examined.

Mr. George Humphries

WHAT situation do you hold?—The office of deputy custos brevium of the
court of Common Pleas.
Who are the principals?—Sir Edward Mostyn, Bart. Sir William Eden, Bart. and Charles Browning , Esq.
From what do the emoluments of their office arise?—From the paying of fines,
the filing of the writs and records of the court of Common Pleas, for searches,
for writs and documents of every kind, and for multitudes of copies, and very often
carrying them into court for their production; and there is one other thing which is
connected with the filacers.

Pray

Identifier: | JB/004/051/002 "JB/" can not be assigned to a declared number type with value 4.
Date_1	1825-05-04	Marginal Summary Numbering
Box	004	Main Headings	lord brougham displayed
Folio number	051	Info in main headings field
Image	002	Titles	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
Category	printed material	Number of Pages	36
Recto/Verso	recto	Page Numbering	(6-35)
Penner		Watermarks
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	1972
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