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Then you always give up the six preceding terms into the hands of the clerk of the<lb/>
Then you always give up the six preceding terms into the hands of the clerk of the<lb/>
upper treasury? &#x2014; Yes; so that I have but six clear terms in my possession.  
upper treasury? &#x2014; Yes; so that I have but six clear terms in my possession.  
</p>
<p>
What other offices do you hold? &#x2014;I am clerk at nisi prius for the Home and Midland<lb/>
circuits, and deputy cleri of nisi prius for the Oxford and Western circuits;<lb/>
I am also filacer for Essex and Monmouthshire. The Honourable M. Kenyon is <lb/>
filacer for all the other counties and cities. <lb/>
</p>




<p>
As clerk of the outer treasury, from whence do your emoluments arise? &#x2014; From <lb/>
the current business of the court.
</p>
</p>
<p>
Do your emoluments arise from fees that you receive? &#x2014; From ancient fees.<lb/>
On what are those fees paid? &#x2014; They are paid by the respective suitors. <lb/>
On what occasion? &#x2014; With respect to the history of my office, the Committee will <lb/>
find it fully stated in the Report of the Commissioners; the duties of my office are to <lb/>
enter up the judgments of the court in all cases of verdicts after trial and other<lb/>
interlocutory matters, such as in cases of judgment by default, and under rules of <lb/>
court.<lb/>
</p>
<p>
Do you receive a fee upon every judgment that is entered? &#x2014; Upon every one only <lb/>
that is brought me for that purpose. <lb/>
</p>
<p>
Does the amount of that depend upon whether the cause has gone to trial, or <lb/>
whether it has gone by default? &#x2014; There is a distinction between the one and the <lb/>
other; the general average of the fee upon what we call after verdict, which is posteas, <lb/>
is 5s. ; judgment by default, 2s. 6d. and sometimes 3 s. 6d. it depends upon <lb/>
circumstances. <lb/>
Upon what circumstances does that depend? &#x2014; Where there is a lapse of an intervening term, we then obliged to enter continuance from one term to the <lb/>
other, so as to keep the proceedings alive, in that case I charge sixpence extra; <lb/>
there is a good dela of writing on those occasions; I have held the office near half <lb/>
a century. <lb/>
</p>




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16 MINUTES OF EVIDENCE BEFORE SELECT COMMITTEE

Mr. John Glass } 22 February 1825.

of the filing of those write, and the searches and the official copies to be produced
in evidence in court.
Do his fees depend at all upon the amount of the sum sought to be recovered? —
No.
Do they depend upon the length of the proceedings? — Yes.
Are his fees greater when a case goes to trial than when judgment goes by default,
and it does not go to trial? — Not in the treasury, they are the same.
He receives a fee of sixpence upon every writ that is issued? — Yes; for the filing
of every writ.
Are all writs filed? — All writs returnable in the King's Bench.
How does Mr. Hanmer pay the clerks which he employs? — By fixed salary.
If the business in the court of King's Bench was diminished, would he be able to
do his business by fewer clerks? — Yes.
How many clerks foes he employ now? — At present he only employs me, as
deputy, and when the business is of that nature that it requires assistance, we
procure it.

Andres Edge, Esquire, called in; and Examined.

WHAT is the office you hold in the court of King's Bench? I hold several; in
the first place I am clerk of the outer treasury, and that department includes the last
six terms; the clerk of the upper treasury was also in the same department, he has
the anterior rolls in his custody from Edward the Fourth; I have only the six last
terms.

Then you always give up the six preceding terms into the hands of the clerk of the
upper treasury? — Yes; so that I have but six clear terms in my possession.

What other offices do you hold? —I am clerk at nisi prius for the Home and Midland
circuits, and deputy cleri of nisi prius for the Oxford and Western circuits;
I am also filacer for Essex and Monmouthshire. The Honourable M. Kenyon is
filacer for all the other counties and cities.


As clerk of the outer treasury, from whence do your emoluments arise? — From
the current business of the court.

Do your emoluments arise from fees that you receive? — From ancient fees.
On what are those fees paid? — They are paid by the respective suitors.
On what occasion? — With respect to the history of my office, the Committee will
find it fully stated in the Report of the Commissioners; the duties of my office are to
enter up the judgments of the court in all cases of verdicts after trial and other
interlocutory matters, such as in cases of judgment by default, and under rules of
court.

Do you receive a fee upon every judgment that is entered? — Upon every one only
that is brought me for that purpose.

Does the amount of that depend upon whether the cause has gone to trial, or
whether it has gone by default? — There is a distinction between the one and the
other; the general average of the fee upon what we call after verdict, which is posteas,
is 5s. ; judgment by default, 2s. 6d. and sometimes 3 s. 6d. it depends upon
circumstances.
Upon what circumstances does that depend? — Where there is a lapse of an intervening term, we then obliged to enter continuance from one term to the
other, so as to keep the proceedings alive, in that case I charge sixpence extra;
there is a good dela of writing on those occasions; I have held the office near half
a century.




Identifier: | JB/004/042/002"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

042

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

1963

Box Contents

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