SCOTCH COURT OF ADMIRALTY—COMPENSATION TO CLERKS. (Hansard, 26 February 1821)

§ Mr. Creevey
said, he should move as an amendment, that it be read a second time this day six months. The resolution stated, "that it is expedient that compensation be made to the clerks of the Admiralty courts of Scotland for any loss they may sustain by any regulations that may be made in the said court." Such a proposition as this was what he conceived the House would never agree to. There were bills before the House by which fees in other courts were taken away and salaries given; but they differed materially from the abstract declaration of the present resolution—that compensation should be given if they happened to lose their fees. The only foundation for this measure was, the fourth report of the parliamentary commission of 1814. The only thing that was said in that report was this, that the chief clerk of the Admiralty judge of Scotland had emoluments amounting to 1,200l. a-year, and that for thirty years he had done no work; that he had a clerk depute, who did the business, and who received, by emoluments of one kind and another, 400l. a-year. The commissioners recommended that when a new chief clerk was appointed, a condition should be added, that he should do all the duty, and that he should have 600l. a-year, and no clerk depute; and certain funds were pointed out, from which the 600l. might be paid. What the present resolution had to do with that recommendation lie could not see; unless it was supposed that Scotland had taken the alarm at the abolition of one sinecure office.

The Lord-Advocate
observed, that in other courts of Scotland a practice had obtained of receiving great fees for suitors; for instance, it was common for a suitor to pay 200l. for what was called an extract of the proceedings. By an act of parliament, that practice was abolished; but, by the same act, compensation was granted to the officers of the courts whose perquisites were pro- 940 portionably reduced. It was upon the same principle, that the present compensation was proposed; for, as the practice still prevailed of taking out what was called an extract in the Admiralty court, it was deemed material, to assimilate the practice of that court to that of the other courts in Scotland. This assimilation would reduce the fees in that court to a very inconsiderable sum. But, by that reduction, the clerk of the court who held a patent office under the Crown, would sustain a diminution in his receipts of 6 or 700l. Upon what principle of equity, then, could this gentleman have so much perquisite taken from bin without compensation, especially as this privation of fees was to take place, not in consequence of any fault of his own, but in order to establish an arrangement for the public good? If the House should agree to the resolution, a bill would be founded upon it, and when that bill was brought forward, gentlemen might fully enter into the discussion of the proposal of compensation.

§ Mr. Creevey
said, that from what had fallen from the learned lord, he would not persist in his motion, although he felt that no compensation ought to be granted in this case,