HC Deb 08 August 1867 vol 189 cc1101-3
MR. GORST

said, he wished to ask the Chancellor of the Duchy of Lancaster, Whether, as the Government have announced their intention of issuing a Commission to inquire into the constitution and practice of the Superior Courts of Law, and as the Report of such Commission will probably give rise to alterations in the constitution and practice of the Court of Common Pleas at Lancaster, which is one of those Superior Courts, it is his intention, before the issuing of such Commission, to proceed with those Clauses of the District Prothonotaries, Court of Common Pleas, County Palatine of Lancaster Bill, which creates new offices and provides for the payment of fresh salaries in the Court of Common Pleas at Lancaster?

COLONEL WILSON PATTEN

replied, that he did not think it desirable, under the circumstances, to proceed during the present Session with the clauses referred to in the question put by the hon. Gentleman. Indeed, having received notice from his hon. Friend (Mr. Gorst) of his intention to move an Amendment which seemed to trench somewhat on the privileges of the Duchy, he had resolved, acting on the advice of his hon. and learned Friend the Attorney General, not to proceed further with the Bill this Session. Next year, however, he should bring in another measure on the subject embodying all the improvements which would have been effected by the present Bill.

MR. F. STANLEY

said, he wished to ask the Chancellor of the Duchy of Lancaster, the average annual amount of Fees received by the Prothonotary of the Court of Common Pleas, Lancaster, during the ten years preceding the death of the late Sir Charles Phipps; also, the total amount of Fees received since that date?

COLONEL WILSON PATTEN

said, he could not answer the Question of his hon. Friend as to the annual amount of fees received by the Prothonotary of the Court of Common Pleas, Lancaster, during the ten years preceding the death of the late Sir Charles Phipps. Sir Charles kept his account with his deputy, and the Office had no knowledge as to the annual amount of fees received. Since his death arrangements had been made by which the office of prothonotary would in future be paid on a different footing, as proposed in the Bill above referred to; but, as that Bill could not be proceeded with this Session, he had directed that these fees should be paid into a separate fund until such time as Parliament could take the matter into its consideration, and decide how they should be appropriated.

In reply to Mr. CHILDERS,

COLONEL WILSON PATTEN

said, it had been found necessary to appoint, nominally, a prothonotary, but the fees would be placed in a separate fund.