House of Commons
Thursday, February 16, 1815
Fees in Courts of Justice
observed, that the order of the House of the 23d of November last, with respect to fees exacted by the register of wills in Ireland; also the order of the 29th of November, respecting fees col- lected in the Chancery of England; also the orders of the 1st of December, with respect to the fees of the courts of King's-bench and Common-pleas in Ireland—those upon writs of custodium, and the number of specialties issued for sums under 201 had not yet been complied with, notwithstanding the time that had elapsed since the orders were made; and, therefore, he should move that these orders, be complied with forthwith. Of the nature of the fees exacted by the register of wills in Ireland, he had already apprised the House. The amount of the exaction and its illegality were, indeed, sufficient to account for that officer's reluctance to furnish the information required; but the delay respecting the fees in Chancery struck him, he must confess, with peculiar astonishment; for it was well known that the return of those fees could easily be made out in three or four days, and yet, after a lapse of ten weeks, they were not forthcoming. The delays in the Irish courts must also excite surprise; but as to the fees upon writs of custodium, the motive of the delay was quite intelligible; for it was notorious that those fees had of late years been illegally advanced two and three fold; nay, tenfold, and in some instances even twenty fold. The right hon. baronet expressed his regret to find, that in every stage of the inquiry upon this subject, he was fated to meet with embarrassment, obstruction, and delay; but still he hoped fully to expose and to cure the abuses complained of. As to specialties, his object was to ascertain the extent of a great practical evil in Ireland, for small debts were thus taken into the superior courts, at a considerable expense to the parties, while such sums might, at a comparatively small expense, be recovered in the inferior courts. For such an evil, some remedy was obviously necessary, and with a view to such remedy he had brought the subject before the House.
The said papers were ordered to be produced forthwith.
Bank Restriction Act
The House having resolved itself into a committee of the whole House, to consider of the Act 54 Geo. 3, c. 99, to continue the restrictions on payments of cash by the Bank of England,
observed, that whatever difference of opinion might prevail as to the period at which it might be practicable to resume cash payments at the Bank, he apprehended that all were agreed that such payments could not be resumed by the 25th of March next, and that therefore the Restriction Act must be farther continued, at least until the account of our foreign expenditure could be wound up, and until the state of our exchange, and of the bullion trade, should be farther improved. Circumstances, he was happy to say, had occurred within the last year, which held out the most favourable promise, as the state of our exchange had experienced considerable improvement, and the price of bullion had materially fallen. Still, the further continuance of the Act was obviously necessary, and therefore he moved, "That the chairman should be instructed to move the House for leave to bring in a Bill for the continuance of the Bank Restriction Act for a time to be limited."
expressed his concurrence in opinion with the right hon. gentleman, that it would not be practicable to resume cash payments at the Bank by the 25th of March next, and the only question was as to the time at winch such resumption would be practicable. But upon this point he should reserve the declaration of his sentiments, until the motion for the appointment of a committee of inquiry, of which his noble friend (lord A. Hamilton) had given notice, should be brought under the consideration of the House.
The motion was agreed to, the House resumed, and leave given to bring in the Bill.