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20 MINUTES OF EVIDENCE BEFORE SELECT COMMITTEE
William Earl,
Esq,
}
22 February,
1825,
judgment, his costs amount to about 10l. and the defendants' costs to 9l.; therefore
the defendant losing the verdicts pays 10l. to the plaintiff, and somewhere about 9l.
for his own expenses.
Then, if a cheaper court was established, having concurrent jurisdiction with the
Marshalsea court up to 10 l. it would very much diminish the business of the Marshalsea
court? — In my opinion it would
What is the sum which you gave the purchase of a right of pleading in that
court? — I gave 2,000 l,; two men in the court have since given more.
Is the business pretty equally divided between the counsel, in that court? — The
business is of two description, the defended causes, and the writs of inquiry, where
there is no defence; in the defended causes all the four counsel are usually employed,
in the undefended ones only two
Then, in the undefended causes, is the business pretty equally divided among the
four, or are there two that would be considered the leading counsel, that get more
business than the others? — In the undefended causes the business is equally divided
among the junior counsel, and unequally among the senior.
By whom are the counsel selected, by the parties or by the court? — By the parties.
Is it entirely at the option of the parties which counsel they shall employ? — Yes.
Then of course if any two of the counsel have the reputation of being very superior
to the others, they would get a great deal the most business? — Certainly.
How do you conceive that it would be possible to estimate the compensation to
That change entirely depends upon the option of the parties who bring their causes
before that court? — It does so.
That is to say, it depends upon the relative abilities of the counsel employed? —
In the execution of writs of inquiry there is little need of great ability.
Something or other directs the choice, and whatever that is, does it not create a
difficulty in estimating the compensation? — Among the four there is a loss sustained;
whether the compensation would be fairly divided between the four, is another
question; but certainly, from among the four there would be a large sum subtracted
by the County Courts Bill.
Upon the established of the court of requests in Southwark, the four counsel
each of the them received an annuity of 50 l. per year during the time he held the
office? — I believe so.
But in the present state of the court, any fixed annuity might be too much for
some, and too little for others, as compensation f—or their loss; supposing for instance,
that an annuity was voted to the court generally, if that was divided equally among
the counsel, it would not be a just division? — It would be a division, of which the
counsel themselves would not complain.
Mr. William Railton, called in; and Examined.
Mr.
William Railton.
}
YOU are one of the six attornies of the Marshalsea court? — Of the Palace
court.
Did you purchase your situation? — It was surrendered to me by a gentleman
that I was in partnership with.
Did he purchase it? — He purchased it.
It is a saleable office? — It always has been so thought, but upon a surrender, you
pay certain fees, but not so much as by purchase.
How is the business divided among the six attornies in that court? — It depends
greatly upon the individual connexion of the attornies.
In a defended action two attornies only can be employed? — One for the plaintiff
and one for the defendant only.
Who has the choice of those attornies? — The parties themselves.
Is it entirely optional to the parties, which attorney they chuse to employ? — It
is always optional with them, and therefore a great deal of the business depends
upon recommendation.
Supposing a cheaper court than the Marshalsea was established in its neighbourhood,
the business of the Marshalsea court would be considerably diminished? —
considerably; two-thirds at least for small debts.
Then
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Identifier: | JB/004/044/002"JB/" can not be assigned to a declared number type with value 4. |
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1825-05-04 |
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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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1965 |
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