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| <head>20 MINUTES OF EVIDENCE BEFORE SELECT COMMITTEE</head> | |
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| <note>William Earl,<lb/>
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| Esq,<lb/>
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| }<lb/>
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| 22 February, <lb/>
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| 1825,<lb/>
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| </note>
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| <p>judgment, his costs amount to about 10l. and the defendants' costs to 9l.; therefore<lb/>
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| the defendant losing the verdicts pays 10l. to the plaintiff, and somewhere about 9l.<lb/>
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| for his own expenses.
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| </p>
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| <p>
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| Then, if a cheaper court was established, having concurrent jurisdiction with the<lb/>
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| Marshalsea court up to 10 l. it would very much diminish the business of the Marshalsea<lb/>
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| court? — In my opinion it would</p>
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| <p>
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| What is the sum which you gave the purchase of a right of pleading in that<lb/>
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| court? — I gave 2,000 l,; two men in the court have since given more. <lb/>
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| </p>
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| <p>
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| Is the business pretty equally divided between the counsel, in that court? — The<lb/>
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| business is of two description, the defended causes, and the writs of inquiry, where<lb/>
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| there is no defence; in the defended causes all the four counsel are usually employed, <lb/>
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| in the undefended ones only two<lb/>
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| </p>
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| <p>
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| Then, in the undefended causes, is the business pretty equally divided among the<lb/>
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| four, or are there two that would be considered the leading counsel, that get more <lb/>
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| business than the others? — In the undefended causes the business is equally divided <lb/>
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| among the junior counsel, and unequally among the senior.
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| </p>
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| <p>
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| By whom are the counsel selected, by the parties or by the court? — By the parties. <lb/>
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| Is it entirely at the option of the parties which counsel they shall employ? — Yes.<lb/>
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| Then of course if any two of the counsel have the reputation of being very superior <lb/>
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| to the others, they would get a great deal the most business? — Certainly.<lb/>
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| How do you conceive that it would be possible to estimate the compensation to <lb/>
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| </p>
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| <p>
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| That change entirely depends upon the option of the parties who bring their causes<lb/>
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| before that court? — It does so. <lb/>
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| That is to say, it depends upon the relative abilities of the counsel employed? —<lb/>
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| In the execution of writs of inquiry there is little need of great ability. <lb/>
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| </p>
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| <p>
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| Something or other directs the choice, and whatever that is, does it not create a <lb/>
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| difficulty in estimating the compensation? — Among the four there is a loss sustained; <lb/>
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| whether the compensation would be fairly divided between the four, is another <lb/>
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| question; but certainly, from among the four there would be a large sum subtracted<lb/>
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| by the County Courts Bill.<lb/>
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| </p>
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| <p>
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| Upon the established of the court of requests in Southwark, the four counsel<lb/>
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| each of the them received an annuity of 50 l. per year during the time he held the<lb/>
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| office? — I believe so.<lb/>
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| </p>
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| <p>
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| But in the present state of the court, any fixed annuity might be too much for<lb/>
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| some, and too little for others, as compensation f—or their loss; supposing for instance, <lb/>
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| that an annuity was voted to the court generally, if that was divided equally among<lb/>
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| the counsel, it would not be a just division? — It would be a division, of which the <lb/>
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| counsel themselves would not complain.<lb/>
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| </p>
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| <head>Mr. William Railton, called in; and Examined.<lb/> </head>
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| <note>
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| Mr.<lb/>
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| William Railton.<lb/>
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| }
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| </note>
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| <p>
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| YOU are one of the six attornies of the Marshalsea court? — Of the Palace <lb/>
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| court. <lb/>
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| </p>
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| <p>
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| Did you purchase your situation? — It was surrendered to me by a gentleman<lb/>
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| that I was in partnership with. <lb/>
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| Did he purchase it? — He purchased it. <lb/>
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| It is a saleable office? — It always has been so thought, but upon a surrender, you<lb/>
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| pay certain fees, but not so much as by purchase.<lb/>
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| How is the business divided among the six attornies in that court? — It depends <lb/>
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| greatly upon the individual connexion of the attornies. <lb/>
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| In a defended action two attornies only can be employed? — One for the plaintiff<lb/>
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| and one for the defendant only.<lb/>
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| Who has the choice of those attornies? — The parties themselves. <lb/>
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| Is it entirely optional to the parties, which attorney they chuse to employ? — It <lb/>
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| is always optional with them, and therefore a great deal of the business depends <lb/>
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| upon recommendation. <lb/>
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| Supposing a cheaper court than the Marshalsea was established in its neighbourhood, <lb/>
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| the business of the Marshalsea court would be considerably diminished? —<lb/>
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| considerably; two-thirds at least for small debts.<lb/>
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| </p>
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| <p>
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| Then<lb/>
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| </p>
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