[List-Cumbria] Carlisle Patriot, 07 Sep 1816 - Cumberland Assizes (32)

[Petra Mitchinson]

Saturday 07 Sep 1816   (p. 3, col. 4 - p. 4, col. 6)

 

Cumberland Assizes. 

========== 

STEWARD'S FEES IN THE ABBEY HOLM. 

SPECIAL JURY. 

 

[continued] 

 

Joseph BROUGH sworn.-Is bailiff of the manor of Holm Cultram, and has been so sixteen years. Mr. BRISCO was steward before Mr.
HODGSON, who was appointed in August 1809. Many tenants attended at the first court holden by Mr. HODGSON, and he made enquiries
about the fees he was to receive. Witness told him that one guinea was the sum for doing the duty of a surrender, which sum witness
always thought to be the fee, exclusive of the stamp. All the tenants could have paid and they made no objections. Witness makes
proclamation of surrender, and receives a shilling for each as fees. Has frequently heard Mr. HODGSON ask the tenants, who applied
to be admitted, where their stamps were? Some tenants within the two last years have brought their stamps, but in general they
requested Mr. HODGSON to procure them. 

 

Cross-Examined.-Witness was not examined on the last trial. Has received the shilling ever since he was bailiff; never knew more nor
less than one guinea for a fee. When there was any thing extra paid the sum was 2s. Never heard it said that the guinea was to cover
the stamp and the fee-that the stamp was 15s. and the fee 6s.; neither does he know that the guinea included the stamp when Mr.
BRISCO held the office; it was always a guinea since he has been bailiff. 

 

Questioned by a Juror.-If there was a double stamp the price of the second stamp was added to the guinea. 

 

Questioned by the Judge.-Cannot tell whether or not the guinea included the stamp; the tenants never produced the stamp themselves
that he knew of; in all, there are about 300 copyhold and freehold tenants as well as he can guess; perhaps there are 200
copyholders. Witness has surrenders each court day. Holm Cultram is 30 miles from Whitehaven, where Mr. HODGSON resides. 

 

Mr. CROSSFIELD, the Associate, examined.-Has been in the profession upwards of thirty years, and has had great experience. On
looking over the bill he thinks the charges, for the business done, extremely reasonable, and he would not take off a farthing if he
had to tax the bill. 

 

Mr. NEWSTEAD sworn and examined.-Has has [sic] been more than thirty years in the profession, and is steward in two copyhold courts
at York. If he had prepared the surrender in his court he should have received 27s. He should have made all the charges that Mr.
HODGSON has, except the bailiff's fee and for administering the oath; nevertheless he thinks the fee for the oath reasonable; he
thinks Mr. HODGSON is right. Witness, in his courts, abides by precedent in his charges. The usual fee for ingrossing is 7s. 6d.
instead of the 6s. 8d. charged by Mr. HODGSON. 

 

Mr. B. THOMPSON sworn.-Is a solicitor at Workington; thinks Mr. HODGSON's charges for the business done very reasonable. 

 

Cross-Examined.-Is a steward of one customary manor. In judging of Mr. HODGSON's charges, he views them in the light of an
attorney's remuneration, and he thinks them reasonable. Witness himself never charged more than 3s. 6d. for a surrender and
admission, but he makes the same charge as his predecessor. If the distributor had not a stamp, he thinks it would be best to send
for it to London, situated as witness is at Workington. 

 

Resumed.-Witness always charges something for the deed. 

 

Mr. Richard SHERWEN sworn.-Is an attorney and resides at Whitehaven. Has looked over Mr. HODGSON's bill and thinks it perfectly
reasonable. 

 

Mr. NICHOLSON sworn.-Is a solicitor and lives at Cockermouth. Has looked over the bill of Mr. HODGSON, and thinks there is 3s. 6d.
charged in it, that he himself should not require. 

 

Cross-Examined.-Is steward of several manors, in all of which the charges are different, but he adheres to the old customs, and he
does not consider that a steward is at liberty to alter the charges as he pleases. When witness is acting as steward of a manor, he
does not consider himself acting as an attorney. If Mr. HODGSON's charges were made as an attorney (except the 3s. 6d. stated)
shitness [sic!] would think them reasonable. Witness's charges vary from 2s. 4d. to 13s. 6d. 

 

 

[to be continued] 

 

 

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