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On County Courts Bill. 17
In cases where perhaps issues are not delivered with notice of trial, as of a post terminum, then it becomes absolutely necessary to have the number of the term in which the issue was joined, and for the purpose they come to my office. Is it frequently that those additional fees for post terminums arise in cases under 10L.? It is impossible for me to say that ; we do not know any thing about the cause of action, and can only arise when I come to enter up judgement, that I know the amount, because the amount of the debt is proved by the master's allocatur; but it very seldom occurs, expect in actions of ejectment or in trespass, to try a right nominal ; but in all other cases, so far as my memory serves, I do not suppose I have entered twenty in the whole course of my life where the debt has been under 10L And yet you enter all the judgments? - All that are brought to me. Are not all judgments brought to you? - No ; I must keep twenty clerks if I did that ; the practice in the King's Bench differs from the Common Pleas, in-asmuch as they impound all those documents, and it is supposed that the clerk who holds the situation I do, in the Common Pleas, enters all those judgments ; whereas the difference in the court of King's Bench is, that there are handed over to the attorney instead of being impounded, so that the judgments are never entered but in cases where it becomes necessary, in cases of writs of error, or other proceedings of an imperative nature. So far as regards the fees you receive upon entering judgments, the County Courts Bill would not affect your office at all? - It is impossible to say, because in two of the terms that occur in the year, namely, the two issuable terms, Hilary and Trinity, our records very often amount to from four to five thousand in number,but when they are brought in, it is impossible for me to discriminate what the cause of action is. You have stated, that in the course of your experience, you do not think you have entered twenty judgments, where the sum sought to be recovered, has been under 10L - I may be mistaken ; but the judgments for the most part are for in-definitive sums. Then if that is the case, so far as the fees received upon entering judgments are concerned, your office would be very little affected by the passing of the County Courts Bill? - It is impossible for me to say, till experience teaches me ; I was going to mention another fee that we receive in vacation, in addition to the 4s. 4d. that is received ; we have a fee called the keys, of 4s. 10d. that is, for the trouble of coming down to Westminster, to open the office, there being no regular attendances but in term time. Is that for the purpose of suing out a writ? - No ; it is in cases where a number is wanted previous to the going to trial, or any other definite purpose. Have you stated now, all the fees you receive as clerk of the outer treasury? - No ; another part of my duty is, to prepare office copies of judgments to be given in evidence, of the entire of the records in a cause., there we receive one shilling a folio of seventy-two words, for all transactions independently, we still, in vacation, have the fee of 4s. 10d. ; but if the attorney wants several numbers, we only receive one fee, being but one attendance. In those office copies of the records and judgments, as far as your recollection goes, do you remember to have given many office copies of judgments in causes under 10L.? - Certainly, they sometimes do occur, but I really cannot speak exactly....
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Identifier: | JB/004/043/001"JB/" can not be assigned to a declared number type with value 4. |
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1825-05-04 |
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004 |
lord brougham displayed |
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043 |
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001 |
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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printed material |
36 |
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recto |
(6-35) |
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1964 |
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