093-212.xml

Title: [Jan y 1807 Facienda IV. Inquirenda]

Description: Jan y 1807

Facienda

IV. Inquirenda

Fees &c.

1). Parliament strong enough to compel adequate returns?

In submitting to Your Lordship the propriety and use of these proposed exercises of constitutional authority over subordinate Courts for the purposes of public justice I would at the same time beg of Your Lordship to consider well whether in Your Lordships Honourable House - whether in either or both Houses of Parliament - whether in both Houses with his Majesty at their head there be in effect /in reality/ any such efficient power as is adequate /equal/ to the task of inquiring from the quarter /nominal subordinates/ in question effective and adequate obedience. (whether the 4 th estate comprized of the lawyers)

That the power of the, Commons was not equal to the task is a fact that stands upon record. I mean in the Reports made by the Committee of Finance.

An account of fees being called for (fees received by Judges of different ranks and denominations - L d Kenyon growled and delayed - L d Loughborough growled and stood out longer - the Master of the Rolls of that day - Sir Pepper[?] Arden - since then sank into the grave and from thence into the gulph of oblivion under the title of Lord Alvarley Sir Pepper Arden secure in the support of /safe under the way[?]/ a Minister who knew so well when it was and when it was not safe to stand out - refused to give any account: and no account is given. The Masters in Chancery, as of in division, gave in what shall I say? Not no account at all: but the same sort of account that the fraudulent Bankrupt Perrot was hanged for: They gave in part /a fragment/ of an account: they would have given in the rest but they were in the power of their Clerks - all of them to a man in the [...?] of their Clerks, and their Clerks to a man would give no account - saying they had kept none.

093-209.xml

Title: [2 Jan y 1806 Facienda IV. Inquirenda]

Description: 2 Jan y 1806

Facienda

IV. Inquirenda

Fees

Net[?] the[?] return of these fees which [...?] in benefit

In regard to those Officers stiled private Clerks of the respective Judges in their capacity of Ordinary Lords to the question by whom are they appointed I find not any where any express answer: viz: neither in any of the Returns made to the Committee on Finance, nor in any of the Books of practice. Your Lordship I am inclined to think will not regard in any such express statement as necessary to inform us in whose hands the appointment actually is vested │ │ the indication given by the word " private" seems sufficiently conclusive /to leave little if any doubt │ │ is not that the known destination attached /annexed/ to the word private when applied to a Clerk a Secretary to any person in high office?

Taking for granted that these private Clerks are appointed by their respective masters, I should be curious to hear it explained, by order of their whole Lordships, how it is that the constituting of an officer by whom all those fees in all the great variety and infinite repetition of occasions are to be received, constitutes no benefit to any /one/ of these honourable masters? whether on the appointment of any such Clerk it is out of the power of any one of these honourable masters to make any terms with him, to raise for example to a higher destination any portion of these /such/ his fees: whether on the supposition that no such fee ever rests in /passes on into/ any other pocket than that of the Clerk by whom it was received, whether in this case the power of appointing a Son, a Brother or a Nephew to receive without deduction all this mass of fees be incapable of being refused with propriety to the Chapter of " benefits".

093-208.xml

Title: [2 Jan y 1806 Facienda IV. Inquirenda]

Description: 2 Jan y 1806

Facienda

IV. Inquirenda

Fees

Of the eleven articles the 6 first being articles each of which is liable to occur, or rather can not avoid occurring some of these on indefinite not to say infinite number of times in every course may be not unworthy of your Lordships notice

1. When causes are pled before the Lord Ordinary in the Outer house and taken to avisandum, each party to pay three shillings Sterling, ,0 30

2. To be paid for every involvement in the Lord Ordinary's hand-roll, a fee of three shillings Sterling, 0,30

3. At giving in representations, condécendences, memorials, objections, answers, replies, duplies, accounts of expenses, or any other in a cause appointed by the Lord Ordinary, there is to be paid for each paper by the party giving it in, a fee of three shillings Sterling, 0 30

4. When objections are made to witness, or to questions put to witnesses, and advised by the Lord Ordinary in the cause, or by the Lord Ordinary upon oaths and witnesses, each party to pay a fee of three shillings Sterling 0 30

5. When a cause is reported, each party to pay a fee of three shillings Sterling, 0 30

6 Where avisandum is made with a prepared state, the party craving the avisandum, to pay a fee of three shilling sterling. 0 30