§ Mr. Lennardsaid, he had to call the attention of the House to a subject of considerable importance to the working classes of the county of. Middlesex. By the 23rd Geo. 2nd the county court of Middlesex was constituted in its present form. The object of the court was, to facilitate the recovery of small debts not exceeding 40s. The county clerk was the judge, and it was necessary he should be a barrister of ten years standing. Accounts had been presented to the House of the number of causes and fees paid. In the hundred of Ossulston, which comprehended the metropolis alone, nearly 17,000 causes were tried on an average of years, and in- the last year nearly 18,000. The court sat one day a week in the hundred of Ossulston; one day a week in the Hundred of Enfield; and one day a week in the Hundred of Isleworth. In point of fact, however, the court sat twice a week in London; but even this increased number of sittings he was prepared to shew was insufficient. As 18,000 causes were tried in a year, 180 causes would be to be tried every day of the sitting of the court; but frequently 210 to 220 causes were tried in a day. Among these, some questions of intricacy arose, and the examination of 1375 witnesses was required. The process of the court was this. The plaintiff suing for a debt took out a summons, which he served, and attended with the defendant on the next court day, at nine o'clock. From the quantity of the business before the court, he had often to wait till nine in the evening. The object of the constitutional government of England being the easy, expeditious and cheap administration of justice, he was assured that if a committee were appointed he could prove that the county courts of Middlesex should be more frequently held, and that every practicable reduction should be made in the trouble as well as in the expences attendant upon suitors in those courts. He was willing to bear testimony to the merits of the present clerk of the county; but when it was recollected that he had usually between 16 and 17,000 causes to try in these courts within the year, upon each of which he received a 3 shilling fee, and that consequently his salary was nearly equal to 2,000l. a year, it could not be deemed unreasonable to call upon this officer for the devotion of more of his time to the discharge of the duties of the court. Upon executions from this court the sum of 3s. 4d. was granted, and if the execution were. not levied, this sum remained in the hands of the clerk of the court. He also understood that certain sums were paid for the postponement of causes in this court, while plaintiffs, from frequent delays, had often to go to the court five times before their causes were decided; so that supposing a plaintiff resided at Turnham-green, he might have 80 miles to travel back and forward to the court at Red Lion-street, before he obtained payment of a debt of 10s. But what, he wished to know, became of all these sums? In the aggregate, he understood they generally amounted to about 10,000l.; and was it right that such a sum should be vested in the hands of the clerk of the county, in addition to the several sums paid by instalments upon debts which were never ultimately discharged. For this sum, or for the amount of the unclaimed dividends upon it, the late clerk of the court, who held that office no less than twenty-five years, was never called upon to account. Another fault belonging to this county court was, that only one day in the week (Friday) was appointed for the payment of the claims of plaintiffs, and such plaintiffs as could not attend between ten and two 1376 o'clock on that day, were obliged to call again. This he considered as a very serious evil; and were a committee appointed he had no doubt he should be able to shew that this court should be opened every day for the purpose which he had stated. The hon. member concluded with moving for the reference of the papers laid before the House with respect to the administration of justice in the county court of Middlesex, to a committee of that House, with a view to inquire whether the amount of fees paid, may riot be diminished, and whether it may not be expedient, for the county clerk to sit oftener in each week in the Hundred of Ossulston and to increase the number of sittings in the other Hundreds where the court now sits."
Mr. Bernalsaid, there was no proof or allegation before the House, that there had been any delay or denial of justice in the court alluded to. There had been no complaint preferred by any suitor that justice had been mal-administered, and in the absence of any such complaint why should a motion be adopted that would impeach the character of the present county clerk, whose character was highly respectable? This county clerk (Mr. Heath) had, it was said, a salary of from 1500l. to 2000l. a year; but then it should be known, that he had lately purchased from his own funds the scite of premises for the accommodation of the court in Kingsgate-street, Holborn, for no less than 2000l. The county clerk had also abandoned his practice in the court of King's-bench, as well as upon the home circuit, in order to devote his time to the business of his own court. As the motion of his hon. friend was not founded upon any allegation of necessity from the parties more immediately interested, or from any distinct complaint, or from any petition from the homage jury of the county; he could by no means support it.
Mr. Bennetsaid, it was impossible, from the very showing of the officer himself, that substantial justice could be done to the suitors in this court. It appeared that the court sat two days in the week, to try causes which averaged 17,000 in the course of the year, and which, including summonses, amounted to about 200 cases for each day of sitting. The commissioner might be a very intelligent person, and extremely anxious to do his duty, but the return plainly proved that the business of the court could not be performed in that 1377 speedy manner which the legislature contemplated. He should like to hear the history of this situation. He should be glad to learn, whether it was a situation that might be bought and sold—whether its present possessor had not, in fact, purchased it? It surely ought not to be bought and sold. The sheriffs ought not to be allowed to put thousands in their pockets by such means. This, was a most objectionable system, for in proportion to the magnitude of the sum given for the office, the amount of fees was likely to be regulated. The best way of bringing the business under the consideration of parliament, would be, by introducing a bill for the regulation of the court. There was, it appeared, something like a jury connected with the court; but never was the term, jury, more completely misapplied. There was, in fact, not half a jury. Three or four persons were placed in a corner, who had more the appearance of convicts than of jurymen —who were more like men about to receive punishment, than individuals called on to decide causes.
The Solicitor-Generalconsidered this motion as irregular. No petition had been presented, imputing any misconduct to the judge, impugning the conduct of the subordinate officer, or stating that there had been any denial of justice in this court. The hon. gentleman had not, therefore, made out any parliamentary ground for inquiry. The hon. member for Shrewsbury had stated, that the jurymen were selected from a class of persons who were not fit to sit on Juries. He was inclined to think that the hon. member had been misinformed; for, by the act of parliament, the juries in this court were selected from the same class of persons as decided on cases in Westminster-hall. By the same act it was provided, if any misconduct appeared in the proceedings of this court, that two of his majesty's chief justices should have the liberty of investigating the matter complained of, and of remedying the evil where the complaint appeared to be well founded. The constitution of this court had been selected by Mr. Justice Blackstone, as the subject of particular praise. The largeness of the fees demanded was complained of. Now, one of the reasons which induced Mr. Justice Blackstone to praise the constitution of the court, was the moderate rate of the fees? If greater fees were demanded than the act autho- 1378 rized, why had not application been made to the two chief justices? With respect to the commissioner not sitting a greater number of days than he now did, it was the duty of that officer to sit as many days as the business of the court required, and he found that two days were amply sufficient for the purpose. It was a well-known fact, that the individual in question had never retired from court while a single cause remained unheard. The hon. member said, that suitors were obliged to remain in the court, from 9 o'clock until the evening. Here again he was mistaken. The causes were divided into two classes, and two different portions of the day were allotted for their decision. The hon. Member had also stated, that 180 causes were on an average decided on each sitting day. The average was really, according to the return, about 160; and more than one-half of that number were, in general, undefended; so that 80 substantial causes were left for decision. Even of these a considerable portion occupied very little time, the plea of` the defendant being poverty, and his request that time should be allowed for payment. The number of causes left for decision, when these deductions were made, amounted at the outside, to not more than 30 or 40. As to the amount of the profits derived from this situation, it appeared that the commissioner received 2s. 6d. on each cause, or about 2,000l. a-year. The question then was, what expenses he had to sustain? He had, in the first place, to pay rent for the court-house, and it appeared that he had actually given 2,000l. for certain leasehold premises with a view to it. To support the officers of the court, he paid 300l. or 400l. a-year. The salary, therefore, which he received for a laborious and painful duty, vas not more than 1,500l. a-year. By the act, two days in the week were required for hearing cases. But for the convenience of the public, though the act did not require it, the other four days were employed in payments into court, and out of court. It was impossible that the party to whom payment was awarded should take measures to recover it. Payments were, therefore, made into court for two days, and two other days were allowed for paving out the money. Two or three persons were thus occupied in paying out 30,000l. a-year, in shillings and half-crowns. He was unwilling to accede to this motion, 1379 because he thought the management of the court deserved imitation, and because the gentleman who presided, had acted with the greatest skill, care, and integrity.
§ Mr. Lennardsaid, that nothing was further from his intention than to cast any imputation upon the gentleman who now held the office in question. But if the House granted him a committee, he pledged himself to prove the charges which he had made against the office generally.
§ The motion was then put, and negatived.