60 CHANCERY OFFICES, IRELAND, COMMISSION.
Crows axd Hanaper Office.
Balphlimith Cusack, Esq.
" incidental expenses."
I do not consider him a re¬ gular clerk.
Formerly there was another scrivenery clerk, named M'Namara.
779.
And you consider the present staff sufficient?
—I consider it a sufficient staff, but occasionally there would be a necessity for an increase.
For instance, in the event of a general election there would be ad¬ ditional scrivenery; and I have the power, under the Act of Parliament, of charging the scrivenery under the head of " incidentals."
1 consider two salaried clerks quite sufficient.
780.
Mr.
Seton.—Do
you consider the office which you hold a very laborious one ?—1
consider it very responsible, not laborious.
781.
And considering that the office is not one which makes a great demand upon your time, but is one of a responsible character, do you think that the salary you receive is a fair remuneration for the time that you give up to your duties ?—I
have no complaint to make.
782.
Is the time of the two salaried clerks, upon the whole, fully occupied during the day?—Well,
I consider that it is fully occupied.
They are not exactly working always, but there should be parties in the office to answer questions.
Business may or may not come: some days there may be a good deal to do, and other days nothing at all.
I consider it absolutely necessary we should have two clerks on the staff.
783.
You say there are periods during which the whole of their time is not occupied, and there are other periods when there is a great pressure ?—YTes.
7S4.
So great at times that you are compelled to get extra serivenery assistance ?—Just
so.
785.
Chairman.—But
those occasions are very rare ?
—Yes.
786.
Mr.
Seton.—Are
you prohibited from practis¬ ing at your profession?—That
is a disputed point.
I am not aware of any Act of Parliament that pro¬ hibits me from practising.
787.
Would the extent of the duties of your office, as Clerk of the Crown and Hanaper, form an insu¬ perable bar to your following any other professional occupations ?—Well,
1 should think they would ; because I must be regular in my attendance.
If, for instance, I was counsel in a case in court, at the very time I would be there, I might be wanted in the Court of Chancery or elsewhere, on office business.
788.
Therefore, it is not the amount of your attend¬ ance, hut the necessity of your services being always available to the public?—Yres.
789.
Is your scrivenery clerk constantly employed?
—Not at all.
In the last quarter he earned £10 1 Is.
700.
Has he any salary or compensation allowance independently of what he makes by scrivenery?—Yes
; I understand he has a compensation of £14 a-year under the Patent Law Amendment Act.
791.
Do you think it would be a better plan to do any of the copying work that you have through the agency of law stationers, instead of keeping a clerk permanently attached to your office for that purpose ?
—-Well, the additional scrivenery work is so very trifling that I think it a bad plan to have a regular man.
792.
Then I understand you to say that the regular amount of work he performs as a scrivenery clerk is not sufficient to support him ?—It
is not of itself.
793.
Such a state of things as that induces the putting forward of claims for compensation against the public, while the business coidd be done with equal efficiency by the occasional services of a law stationer's clerk?—Yes;
I have already considerably reduced the scrivenery clerk's emoluments, and I propose to make further alterations and improve¬ ments by which they will he still more reduced.
In the quarter ending 19th October, 1857, he received for scrivenery £20 IQs.;
in the quarter ending the 19th October, 1858, thatwns reduced to£10 14,?.
I0±d.
This paper, from which I am reading, is in his own
handwriting.
The reduction I have stated was prin¬ cipally made by my having had the names of the magistrates printed in the commissions of the peace instead of being written, as formerly'.
For the writing of all those names twice over in the commission he was paid scrivenery fees.
I have made this alteration with the sanction of the Lord Chancellor.
The printing of the names in the commissions is no addi¬ tional expense.
I have had the commissions for two counties, Cork and Tipperaiy, printed, and it is a clear gain of i)s.
'3d.
on each commission; there is, also, a great saving of time.
Wffien the Lord Chan¬ cellor sends me his warrant, I issue the commission having only to insert the name of the magistrate ap¬ pointed ; heretofore I had to give instructions for the preparation, and have them compared.
794.
Could not these duties be performed in your own office "by the two salaried clerks ?—1
think they could very well.
Mr.
O'Brien was not in the habit of doing any scrivenory work—he had the whole man¬ agement of the office for my predecessor.
In fact, he was virtually Clerk of the Crown and Hanaper.
795.
If it is necessary these elerks should always attend at the office, and that the whole of their time is not occupied, would it not be very desirable they should do this work in connexion with the commis¬ sions, and that recourse should be had to law sta¬ tioners to have scrivenery done when there was a great pressure upon the office, beyond the capacity of the salaried clerks to meet ?—I
think so ; and I think it would effect a saving to the public of £40 or £50 a-year.
I am bringing that into course of training.
796.
Practically, it amounts to this, that although the two salaried clerks are often without sufficient em¬ ployment for the time they are compelled to spend in the office, scrivenery work has been given out to the sciivenery clerk, for which extra payment was made byr the public ?—I
understand that has been the prac¬ tice hitherto.
797.
That is the practice you have been endea¬ vouring to check?—That
is wdiat I have been endea¬ vouring to check, and expect to check, so that the in¬ cidental expenses under the head of scrivenery, will be little or nothing.
798.
And if the whole of the duties of the office, whether of copying or otherwise, are performed by two salaried clerks, there will be no necessity what¬ ever for the scrivenery clerk, and when a pressure, owing to circumstances, occasionally occurred in the office, that pressure might be met by the assistance of law stationers ?—I
think so; and paid for under the head of " Incidental Expenses."
799.
Is this pressure very frequent?—No;
there has been no pressure since I came into office.
I wish to represent that the salary of the Second Clerk is very inadequate.
800.
How long has he filled the situation of Second Clerk ?—About
two years.
801.
His salary is £100 a-year?—-£100
a-year.
802.
Is there any progressive increase?—No
in¬ crease.
803.
Has he any right of succession to the first clerkship ?—None.
804.
In the event of the First Clerk being removed, who has the power of appointment to the vacancy?—
The Clerk of the Crown and Hanaper, subject to the approbation of the Lord Chancellor.
805.
And he would not feel himself hound to pro¬ mote in succession ?—I
am not bound to promote.
800.
If an improvement is made in the salary of your junior clerk, Mr.
French, would it not be better that the only clerk appointed should be a person qualified to succeed in time to the first clerk's situa¬ tion ?—I
think no one should be appointed second clerk who would not be fit for the first in the event of a vacancy.
807.
Mr.
Darley.—Ho
you not think discharging the duties of the office would qualify an intelligent second clerk for the position of Chief Clerk ?—
Certainly.
