cery are exceedingly increased since that time, by patents and grants, and many secretaries, and clerks, and other honorary attendants upon the judges of that court, appear now to claim large fees, whose services were unknown to the ancient practisers in the 40th of Elizabeth, the Committee thought it proper to make a list of such offices, as appear to be ancient, and necessary to the justice of the court, and a list of such, as have since grown up insensibly into offices of great profit, and much increased the expence of the proceedings of the court; which lists are hereunto annexed, Appendix, No. 1, and 2. "By the Presentment of Fees in the 40th of Elizabeth, and by the Lists of Fees, lately presented to this House, it appears, that many fees of several ancient officers, then allowed, continue the same to this time; particularly, of the examiners, the cursitors, the clerk of the subpœnas, the clerk of the chapel of the rolls, the clerks of the petty bag, the six clerks, and others; which the Committee think very observable, and consider as the effect of a good regulation, once established, which has been able to preserve itself for above 130 years against the incroachments of officers on all -sides in the same court. "The Abolition of the Court of Star-chamber, and of the court of Wards and Liveries, together with all the writs and proceedings of those courts, has extinguished some offices, and reduced the profit of some ancient officers of the Court of Chancery; and the alteration, which time has introduced into the practice of the court, has greatly raised the profits of other officers, who are concerned in the proceedings in equity, by the multiplying of petitions, bills, answers, pleadings, examinations, decrees, and other forms, and copies of them, and extending them frequently to an unnecessary length. "It appeared to the Committee, that the charge of drawing and entering an order in the Court of Chancery anciently was but one or two shillings, and never exceeded three shillings, untill the time, that the office of register was erected, and a grant made of it, and that all crders, dismissions, and decrees, were endorsed upon the pleadings. The fee of three shillings and sixpence for each side in all causes, and of seven shillings a side in causes by consent, now claimed by the register, and his deputies, appear to the Committee to be a heavy burthen upon the client, especially, considering the long recitals in decrees and orders of late times, which the deputy registers did acknowledge to consist frequently of twenty, thirty, forty, or more, sides, and considering, that other forms in the same court are charged eight pence, or at most twelve pence a side. "The charge of eight pence a side for copies, received by the masters, and by the six clerks, is an ancient fee, where copies are necessary; but the Committee were informed, that copies are frequently forced upon the client, contrary to his desire, and claimed by officers, as due to them, or charged by solicitors, though neither VOL. VIII. claimed or paid; which, considering the prodigious length of some forms, and that the whole proceedings in causes consist often of several thousand sheets, is a grievous abuse, that ought to be reformed. "The Masters in Chancery claim two shillings for every summons, which the Committee admit to be reasonable; but are informed, that abuses have been often committed, by a great number of summons issuing, without any attendance of the clerks, or solicitors, who nevertheless may charge their clients for such summons, and their attendance, because few bills are regularly taxed before the masters; which Mr. Holford and Mr. Elde, masters in Chancery, did affirm to be a principal occasion of the increase of expence in causes, the solicitors generally taking upon themselves to tax one anothers biils, and making what allowances they think fit. "The Committee apprehend, that the fees of the secretaries, clerks, and other officers, who do not appear to have been known formerly to the court, have never undergone any public examination; that many different offices render the business of the court very inconvenient to the suitor, and greatly encourage the demand of new fees. "It appeared to the Committee, that orders had sometimes been made, for the officers to hang up publicly lists of their fees; most of which lists are since withdrawn, or have been suffered to decay, and become so useless, that the officers themselves seemed often doubtful, what fees to claim, and most of them relied upon no better evidence, than some information from their predecessors, or the deputies of their predecessors that such fees had been demanded, and received. Among the various claims of those, who now call themselves officers of the Court of Chancery, none appeared more extraordinary to the Committee, than the fee of the secretary and clerk of the briefs; who, upon grants, to enable persons to beg and collect alms, claim, and frequently receive, a fee of forty, fifty, or sixty, pounds; and the register takes, besides, twelve or thirteen pounds, for stamping and telling the briefs; which fees, with other great charges upon the collection, devour three parts in four of what is given for the relief of persons, reduced to extreme poverty by fire, or other accidents. "The Clerk of the lunatics and ideots informed the Committee, that he had never seen any account of his fees, till lately; he believes, not till a list of them was ordered to be laid before this House: that Mr. Lewis, who had been his deputy in his office for 34 years, bad constantly refused to shew any list to Mr. Bennet, his predecessor; and that he had no other rule in the demand of his fees, for three or four years, but receipts, and loose papers, which he found in his office; but that the fees, which he took, appear to agree exactly with the fees contained in the list, which he has so lately discovered. "Such were the accounts of Fees, which the 3. Z officers gave the Committee; who took into | consideration the great difficulty they had even to discover, of what officers, clerks, and ministers, the Court of Chancery does at present consist, or in what terms to describe their offices and employments, so as to make them discover themselves; and, observing, how little able, or willing, many officers were to give any satisfactory account of the fees they claim, and receive, came to the following Resolutions: "Resolved, That it is the opinion of this "Committee, that the long disuse of public en60 quiries into the behaviour of the officers, "clerks, and ministers, of the Courts of Justice, "has been an occasion of the increase of un" necessary officers, and given encouragement to the taking illegal fees. "Resolved, That it is the opinion of this "Committee, that the interest, which a great "number of officers, and clerks, have in the "proceedings in the Court of Chancery, has "been a principal cause of extending Bills, "answers, pleadings, examinations, and other "forms, and copies of them, to an unnecessary "length, to the great delay of justice, and the oppression of the subject. Resolved, That it is the opinion of this "Committee, that a table of all the officers, "ministers, and clerks, and of their fees, in the "Court of Chancery, should be fixed and esta"blished by authority; which table should be "registered in a book in the said court, to be "at all times inspected gratis, and a copy of it, "signed and attested by the Judges of the court, "should be returned to each House of Parlia64 ment, to remain among the records." The Masters of the Chancery The Clerk of the Crown The Prothonotary The Clerk of the Hanaper The Clerks of the Petty Bag The Examiners The Cursitors The Register The Warden of the Fleet The Sealer and Chaff-wax The Clerk of the Dispensations and Faculti... The Clerk for Commissions of Appeal The Clerk for writing of Custodies and Process out of the Court of Wards. The Clerk for writing the Process in the StarChamber The Clerk for writing Subpoenas in the Chancery The Clerk for writing of Presentations The Clerk for writing of Protections for Hospitals The Clerk for writing of Licences for Wines. The Office for filing of the English Pleadings, exhibited in Chancery The Office for the Examination of Letters Patents in the Chancery The Clerk of the Chapel in the Rolls The Clerk of the Dispensations and Faculties The Patentees of the Subpoena Office The Clerk of the Patents The Clerk of the Briefs The Clerk of the Custodies, and Patentee for making out of Commissions of Lunatics and Ideots The Patentee of the Six-penny Writ Office The Register for inrolling proceedings in matters of Bankruptcy The Register of Affidavits The Receiver of the Fines The Serjeant at Arms, attending the great Seal Officers belonging to the Lord Chancellor. The Secretary of the Presentations Resolved, nem. con. That an humble "Address be presented to his Majesty, that "he will be graciously pleased to give di"rections, that a survey be taken of the Of❝ficers, Clerks, and Ministers, of the Courts of "Justice in this kingdom, and that an enquiry "be made into their fees, in order to reform "the same, as to such, as have been imposed 66 upon the subject contrary to right, and to " establish what are reasonable, and legal, in "such manner, as his Majesty in his great wis"dom shall think fit." REPORT OF THE COMMITTEE OF THE HOUSE OF COMMONS RELATING TO THE CHARITABLE CORPORATION.] April 20. Mr. Sandys reported from the Committee, to whom the Petition of the Proprietors of the Charitable Corporation, for relief of industrious poor, by assisting them with small sums, upon pledges, at legal interest, assembled in their general Court, is referred; that the Committee had agreed upon a further Report of their proceedings; which they had directed him to make. And he read the Report in his place, and afterwards Idelivered it in at the clerk's table. The said Report is as follows: | also the general court books, and court of committee, and committee of account books, and all the cash books, ledger books, and other books of accounts, and papers belonging to the said Corporation; which being done, the Petitioners proceeded to make good the allegations of their Petition. Your Committee now think proper, in order to avoid repetition, to acquaint the House, that in pursuance of their orders, all the persons examined before the said Committee, were examined in the most solemn manner. And Mr. John Harrison, accomptant to the petitioners, being examined, produced an account by which it appears that upon the capital of 600,000l. 353,8177. 10s. has been paid in by the proprietors of the shares and privileges of the said Corporation, and that notes for 101,1157. and bonds for 44,400l. are now standing out, amounting in the whole to 499,3527. 10s. to answer which, there appears to be 666l. 10s. 7d. due from Mr. William Trench, late Cashier, 8407. 12s. 7ąd. in the hands of Mr. Jeremiah Wainwright, the present cashier. The invenhouses belonging to the Corporation amounttories of goods pledged in the several wareing to 50,000l. and two balances of cash in the hands of George Robinson and Johu Thomson, amounting to 49,5471. 19s. 7d. which can be valued at no more than the respective securities of 5,000l. each, and a mortgage of the said Robinson's estate of 16,000l. by which means all the effects that remain to answer the abovesaid sum of 499,3327. 10s. amounts to no more than 77,5071. 3s. 2d4, so that there remains a loss of 421,825l. 6s. 9d4. Your Committee, in order to discover how this great loss hath accrued, proceeded in the first place to read the several powers by which capthey had from time to time acted; and it several licences, that they were the 22nd day of peared by reading of their charter, and their December 1707, incorporated by the name of 'The Charitable Corporation, for relief of in'dustrious Poor, by assisting them with small 6 suins upon pledges at legal interest,' and impowered to raise a fund not exceeding 30,000l. but upon power given to increase the said cawhom the Petition of the Proprietors of the pital by licence under the privy signet, and sign manual.' FURTHER REPORT, from the Committee to CHARITABLE CORPORATION for Relief of Industrious Poor, by assisting them with small Sums upon Pledges at legal Interest, assembled in their General Court, was referred. Your Committee, in order to make a full discovery of the several embezzlements and violations of trust, and of the conduct of those who have had the care and management of the affairs of the said Corporation, ordered the secretary, cashier, and accomptant, to lay before them the charter of incorporation, and the several licences for enlarging their capital, and * See p. 936. That the 22nd day of June 1722, upon the Petition of the said Corporation alledging, that by reason of the present state of trade, and the great want of ready money, 20,000l. would by no means be sufficient to support the charge, and to answer the good énds and purposes of the said Corporation, and that their fund had never been stock-jobbed as other funds then had been, to the great detriment of the public credit, which it was their ardent desire to retrieve and support, a licence was granted by his late Majesty to increase their capital to 100,000%. That the 21st day of June, 1728, upon another Petition to his said late Majesty, alledging that they had completed their fund of 100,000l. pursuant to their last licence, and had lent the same upon pledges according to their charter, to the great relief of his Majesty's subjects; and that they found by experience, that such their lending would be of great benefit to trade and manufactures if their fand was greater; and upon an affidavit of William Oaker, esq. then one of the Committee, a further licence was granted to increase their capital to 300,000l. And that upon the 31st day of July 1730, upon a like Petition and Allegation, supported by an affidavit made by William Burroughs, esq. another licence was granted by his present Majesty, for increasing their capital to 600,000l. Your Committee observe a difference between the applications made for the first licence, and the two last; the first being made by the order of a general court, and signed by their secretary, and their seal set thereto, whereas the two last were not signed by any person, and were applied for in a clandestine imanner, without the privity or consent of a general court, or so much as a court of committee. That by the Charter, a Committee of seven persons were appointed to manage the affairs of the said Corporation, who were to be sworn, and continue during such time as the members of the said Corporation assembled in a general court, or the major part of them, should order and appoint; and three of them were to be a quorum, and were impowered to treat of all things for the management and benefit of the said Corporation. That courts of committee were to be held such days as should be appointed by the general court; that cashiers, book-keepers, warehouse-keepers, and other inferior officers, were to be chosen by the general court, and were to proceed under certain rules, as to their lending. That the said Corporation, or the major part of them, assembled in such their general court, shall have the management and direction of the affairs and business of the said Corporation, according to the rules and directions mentioned in their charter, and according to such other rules, orders, by-laws, and ordinances, as shall be reasonably agreed by the members of the said Corporation, or the major part of them, so assembled. That the corporation shall not deal in banking, or any ways use the banking trade or business, nor shall upon their common seal, nor by their cashier, officers, or servants, or any other person in their behalf, give or issue out any bills or notes, payable upon demand for loans of mouics, with or without interest, except such notes as shall be given by the cashier of the said corporation for monies to be lent by the said corporation upon goods to be pawned to them; nor shall advance or lend any monies at interest, upon any pretence whatsoever except upon their own joint stock or fund. Your Committee then proceeded to enquire, how the several powers granted by the said charter had been observed and executed; and upon the examination of Mr. William Higgs, the first person named in the charter, who was for several years of the committee, and has since been their secretary; and upon inspecting the general court books, court of committee. book, and committee of account book it. appears, that from the time of granting the said charter, until the 26th of June, 1718, little was done but on the said 26th of June, divers officers and agents were chosen by the said general court, and the committee appointed to settle and regulate the salaries of the said officers; that on the 20th of March, 1713, the committee reported to a general court then held, divers methods for establishing the said corporation; which were agreed unto. That soon after the Corporation, finding their fund not sufficient to answer the purposes of their charter, solicited and obtained the first licence, as aforementioned; but little was done upon that likewise, until the 26th of October 1725, when a new Committee was chosen of sir Robert Sutton, sir John Meres, Dennis Bond, esq. Archibald Grant, esq. now sir Archibald; Joseph Gascoigne, esq. sir Fisher Tench, baronet, and William Oaker, esq. at which time the Corporation began to enter upon full business. That by a General Court of the 2d of November, 1725, the powers established in the said court by charter, to chuse officers, and to perform all other matters relating to the Corporation, were devolved on the committee. That in a Court of Committee the 16th of November, 1725, a List of Officers was read; and on the 18th of November, 1725, Mr. Elphinstone was chosen cashier. That at a Court of Committee the 2d of December, 1725, bonds for the several officers were approved, and the form of an oath to he administered to them settled; which was as follows: But your Committee cannot find, that the said Oath was ever administered to any officer in the said Corporation. That on the 27th of January, 1725, several other officers were appointed, and their salaries settled, viz. an accomptant general, and a clerk. That on the 3rd and 4th of March, 1725, several proceedings were had concerning their several officers, and their salaries; Mr. Tench was chosen cashier in the room of Mr. Elphinstone, and Mr. Wainwright accomptant ge neral. That at a Court of Committee the 3d of March, 1725, the instructions for the officers were laid before the court; and Mr. Bond was ordered to peruse the same. That on the 11th of March, 1725, Mr. Tench's securities having not seen the general instruc tions, it was desired the same might not be annexed to the bond; thereupon the particular instructions for the fidelity of the cashier were ordered to be annexed. That on the 24th of March, 1725, at a general court, a proposal was made for chusing assistants; but the power in the charter being doubted, and not being then thought necessary, the same was rejected. But on the 7th of April, 1726, eleven persons were chosen to be assistants to the Committee. Upon the 5th of May, 1726, at a general court, the powers given to the assistants, as reported from a court of Committee, were agreed to. That at a Court of Committee the 4th of January, 1726, Mr. Burroughs, Mr. Moody, Mr. Robinson, and Mr. Torriano, were desired to inspect the account of the house in Fenchurch street, and the method of issuing and paying the notes given by the cashier for money lent upon pledges, and report their opinion thereof to the Committee. That on the 6th of January, 1726, at a court of Committee, Present, of the Committee, Mr. Burroughs, Mr. Mann, Mr. Bond, sir Robert Sutton; And sir Archibald Graut; Assistants, Mr. Torriano, Mr. Moody, Mr. Robinson, and Colonel Gardiner, Mr. Waller, Mr. Oaker, Mr. Bond in the chair; A Committee of Accounts was established without the knowledge or approbation of the general court, to consist of nine persons, viz. Sir Thomas Mackworth, Mr. Burroughs, Mr. Jackson, Mr. Moody, Mr. Oaker, Mr. Robinson, Mr. Squire, Mr. Torriano, and Mr. Waller. That on the 19th of January following all the committee or assistants, that pleased to come to the Committee of Accounts, were to have voices. The 28th of April, 1727, Present, of the Committee, sir Archibald Grant, Mr. Burroughs, sir John Meres, and sir Robert Sutton; Assistants, Mr. Oaker, Mr. Torriano, Mr. Whichcott, Mr. Jackson, Mr. Squire, and Mr. Beake, sir Robert Sutton in the chair; The Committee of Accounts were to prepare all business in intervals of Courts of Committee, and lay the same before the next Court of Committee, for their approbation. That all the Committee and Assistants be of the Committee of Accounts and that that three of the said Committee of Accounts may do business. Your Committee proceeded, in the next place, to enquire into the original and nature of their Fund, and find, that by a Deed-Poll bearing date the 20th of November, 1705, the subscribers thereto covenanted, in consideration of being incorporated in a charter intended to be procured at the sole expence of the said William Higgs, and of the seven largest sub scribers being named of the Committee for managing the said Corporation, and each of the subscribers having as many votes as sums of 1007. paid into the fund, or an interest equal to sums of 100l. that they would each pay the money subscribed; and that he the said Higgs, his executors, administrators and assigns, should have one sixth part of the net profits of the said fund, and all other future sums of money. employed by the said Corporation. That after the Charter was obtained, there were two other deeds subscribed to the same purpose. And upon examining the Stock Ledgers, and all other the books and papers relating to the Accounts of the Corporation, and taking from thence the particular of each account halfyearly, or at the respective times of the several dividends, as hereafter mentioned, the State of the Fund appears to be as follows, viz. The Capital Stock granted with the said Charter of Incorporation the 25th of June, 1722, an addi- So that the whole was then The 1st of April, 1725, the Court of Committee created 10,000l. of their Capital, part of the above 70,000l. into Stock, in trust for payment of the Debts owing by the Corporation, to the amount of 5,000l. But as there are no Account Books in the Office for any Monies received and paid on Account of the Corporation, for any time before the 15th March, 1725-6, it does not appear, how the Debts amount to the said Sum; and therefore it is here stated, as Money paid into the Fund on Account of the said Capital The 2d Nov. 1725, the Capital was, by a Resolution of the General Court then held, divided into. 5,000 Shares of 201. each; and a Subscription for 90,000l. (the remaining part of the said 100,000l.) then agreed to, was soon after opened, with a payment of 51. per Share, the whole of which Payments (made on or before the 100,000 5,000 |