JB/004/045/002

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22 MINUTES OF EVIDENCE BEFORE SELECT COMMITTEE

Mr.
John Dax.
} 22 February,
1825.

What is the nature of the actions for debt that are brought in the court of Exchequer?
— The same as if brought in any other court.
In what part of the process do the fees arise? — From the beginning to the end;
and there is a fee from every writ that is issued, and there is a variety of other processes
that there are fees upon.

Do the fees depend at all upon whether the action comes to trial or not? — There
are more when they come to trial, of course.
Do they depend at all upon the amount of the sum sought to be recovered?
— No.

Do they depend at all upon the length of the proceedings? — Certainly they do.
What is the fee upon a writ? — The signing of a writ is a couple of shillings.
Do you receive the whole of that yourself? — No.
To whom do you pay any part of it? — Mr Rose.
How much goes to Mr. Rose? — Half.
How long have you held the office? — Twenty-seven years, within two or three
days.

Is there any reversion upon it? — Not that I know of.
Did you purchase it? — No; Sir Archibald Macdonald recommended me.
What is the amount of the emoluments that you receive in a year? — It varies
according to the business.

About what is the average of it? — I have received 1,200'l. a year, but not now.
Was that for your own share, or the gross amount? —For my own share.
Do you pay any persons fixed salaries under you? — A clerk.
How many clerks? — One; and I pay my assistant.
A fixed salary? — Yes.
Supposing the business of the court of Exchequer to be diminished, should you
be able to dispense with the services of either the clerk or the assistant? — I do not
know that I should; I am not aware of that. I used to do the duty myself; but
I need not tell the Committee that I am an old man, and therefore could not do all
the duty myself.

When you did the duty yourself, you had no assistant? — Certainly not; I have
had an assistant seven or eight years.
When you did the duty yourself, had you a clerk> — Always a clerk.
Supposing the business of the court of Exchequer to be diminished, would it be
possible for you to do without a clerk? —Certainly not.
What is the salary you pay the clerk? — Somewhere about 200l. If the business was diminished, should you be able to pay him a less salary? —
I do not know that I should, for he draws up all the rules and order; I could not
do without him.

[ The witness was directed to make return of the emoluments of his office, for
the last ten yours, distinguishing each year. ]

What is the amount of Mr. Rose's profits, from the office he holds? — The same
as mine.
You divide them equally? — Yes.
Of the different fees which you receive, do you apprehend that any one class
would be more affected than another, by taking away from the court all causes under
10l.? — I am not able to answer that.
Can you tell to what degree your fees may be diminished, if causes under 10l.
were taken from your jurisdiction? — I dare say at third.
Can you make any accurate calculation? — Of course that will appear from inspecting
the accounts, which the Committee have required.

Mr. Harris, called in; and Examined.
Mr. Harris}

WHAT is the office you hold? — I am called the under usher of the court of
King's Bench.
Who is your superior? — Mr. Dealtry, of the Crown office.


Do you receive any fees upon civil actions? — A great many; they are small </lb> fees.
Do you receive a large proportion of fees upon criminal actions? — Yes.
Can you distinguish between the fees that you receive on criminal actions and </lb> those which you receive on civil actions? — Yes; we are allowed upon civil actions,
common

Identifier: | JB/004/045/002"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	045	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	1966
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