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ON COUNTY COURTS BILL.
draw up every rule,that is, every order which is made by the court; to attend the
Jonathan Hewlet,
Esq.
21 February,
1825.
court, and draw up every order of the court, as pronounced by the court; that is
our duty; then we have clerks at the office to take that business, which is not necessarily
done in court; such as the common ordinary rules which are granted without
the actual pronounciation of the court, though, in fact, they are the rules of the
court; every thing that passes in court passes under our cognizance.
Do you pay those clerks a fixed salary?—Yes, we pay those clerks, and independently of that, I pay, the other gentlemen do not, but I pay the rent of chambers besides.
Supposing the passing of the County Courts Bill to diminish the business in the court of Common Pleas, should you be able to diminish the number of clerks you employ?—Not at all; we must have a clerk regularly attending.
How many clerks have you?—One each.
Craven Ord, Esquire, called in; and Examined. WHAT is the office which you hold?—I am secondary in the King's Remembrancer's office. Is that an office which you hold for life?—An office I hold for life. Did you purchase that office?—No, not the office I hold at present; but I purchased first of all, by serving my time to a clerk in the office, and giving him a sum of money for taking me as clerk, and then afterwards by making a purchase in the office, to get forward. What is the amount of emoulement which you usually receive yearly from that office?—I cannot say; I have made a return of it. How long have you held it?—I have been in the office fifty years from the time of my being first entered as a clerk in the office. You can give the Committee a return of how much you have received annually in that office, for the last ten years?—Certainly; I believe I have done that already. From what does your emolument arise?—It arises from being concerned in Crown prosecutions, and for the Excise in similar prosecutions. Does it arise entirely from prosecutions?—Yes, it does. Do you receive any emolument from civil actions?—Not the least. Then you will not be affected at all by this Bill?—Not in the least; I do not think any clerk in the office will be affected by it.
Mr. Henry Donkin, called in; and Examined. YOU are clerk to the County court at Durham?—Yes. How long have you held that office?—As principal, about three years. It is an office for life?—It is. From what is the emolument of that office derived?—From issuing writs under forty shillings, and also above forty shillings. When you issue writs for the recovery of debts above forty shillings, it must be by a writ of justicies?—It is questus or justicies, and issuing from the court of Chancery at Durham. What is the annual sum you have received from the office?—I have drawn up a Statement for the last ten years; there has been a great increase since the repeal of the stamp duties. [The Witness delivered in the same, which was read as follows:]
"Amount of FEES received in the County Court at Durham, from 1815 to 1825.
From Michaelmas 1814 to Michelmas 1815 - - - -
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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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