Excerpt from Sessional Papers, Vol. 12: Part IV., First Session of the Fourth Legislature of the Province of Ontario; Session 1880
The effect of this mode of treating Bailiff 's fees is now apparent in very many offices is very satisfactory to suitors, but there are officers that don't properly appreciate it and would apparently rather continue in the old and easy course. If Clerks would view this matter as it reﬂects upon themselves, they would at once see the necessity of it as the means of enabling them to establish their characters for promptness and punctuality, and. Thus raise their Courts in public esteem. To this end every Clerk should be perfectly in dependent of his Bailiff, there should be no complication of accounts between them, and the Bailiff should receive his fees from the Clerk regularly at fixed dates, or on the return of each process on which he may be entitled to a fee.
Clerks should also remember that suitors as a general thing look to them to see that the executive work of the Court is fully carried out, and if there is a failure or improper delay by the Bailiff the party aggrieved will reﬂect upon the Clerk at once, and in very many of the cases brought under my notice this is as it should be. I can very well under stand that Clerks dislike very much to complain of the conduct of the Bailiffs, but no Clerk from any sentiment of this kind should permit a Bailiff to go on from day to day in the habitual neglect of his duties without calling the J udge's attention to his conduct, for by so doing he suffers in his character and in his pocket, and I think, if in defence of these, and also in the interest of suitors, he makes a formal complaint against a Bailiff, he does his duty only. But in fact there need be but few complaints against Bailiffs if Clerks will do their duty fully towards the Bailiff and treat him as the law requires, for it must be remembered that no Bailiff can afford to pursue a course that causes the forfeiture of his fees. I look to this duty of the Clerk in taxing the Bailiﬂ's fees, and also retaining the same, if forfeited, as the means of preventing a very large proportion of the offences now complained of, and I therefore avail myself of every opportunity of impressing this duty upon every Clerk, and during the year that is past this practice has been very much extended and has been attended with beneficial results.
About the Publisher
Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com
This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.show more