CHANCERY clerk, coupled with the high testimony borne to his deserts, my Lords will not withhold their assent to his being confirmed in his appointment; but they desire that it may be distinctly understood that, in future, the appointment of first clerk and second clerk will (SCOTLAND). both be made by their Lordships; and they request that you will communicate to the Civil Service Commissioners the qualifications which you deem necessary for these appoint- Subjects of exments, in order that hereafter only qualified persons may be appointed to every vacancy. amination. Mr. Maitland to Mr. Lindsay. 25th July 1860. SIR, The Commissioners have in the first place to thank you for the full details which you have been good enough to give as to the duties of the officers in question. They believe that they will have no difficulty in meeting your wishes as to the nature of the examination to which candidates should be subjected, but it may be well that they should in the first place explain the course which they usually adopt where candidates are to be examined at Edinburgh. The proper examination papers are in such cases selected at this office, and sent to Mr. Longmore at the Exchequer, who places them before the candidate, reads the passage to be written from dictation when that test is required, superintends the examination so as to prevent irregularities, and then returns both questions and answers to this office. The latter are subsequently reported upon by the assistant examiners ordinarily employed at this office, and a decision is arrived at by the Commissioners themselves. With reference to the qualifications enumerated in your letter, the Commissioners observe that some are of a general and others of more special character. For the former, provision will be made by sending papers as above proposed. The following may be considered as belonging to the latter class. 1. The power of reading and (if required) of writing the engrossing hand used in Chancery. 2. The power of reading the older volumes of the records kept there. 3. A general knowledge of the writs and extracts which are issued from Chancery. Upon these special qualifications it will be in accordance with the usual practice of the Commissioners that you should give them your report after ascertaining the candidates' abilities, and if Mr. Dundas is willing to add his opinion, they feel sure that it will of great use to them. At the same time it would probably be undesirable to attempt any permanent arrangement for associating the holder of his office with the Director of Chancery for the purpose in question. The usual inquiries will of course be made as to moral character and physical competence. The Commissioners observe that you have not proposed any limits of age, and as it appears to be the intention of the Order in Council under which they act, that such limits should in all cases be fixed, they will be glad if you will state your opinions on the subject. The Commissioners take the opportunity of adding that the Order in Council applies generally to junior situations in Her Majesty's civil establishments. They are of course not aware whether there are in your office any such situations besides those mentioned in your letter. I have, &c. CHANCERY (SCOTLAND). Limits of age. Examination of permanent assistant clerks. SIR, Mr. Lindsay to Mr. Maitland. Her Majesty's Chancery, Edinburgh, I THANK the Civil Service Commissioners and yourself for the I am quite satisfied that the examination of the clerks in this office should be conducted as proposed by the Commissioners. As to the maximum age of the candidates, I believe that the business of the office is of so special a nature that no stranger over the age of 25 should be received into the office as clerk for the first time. There are three permanent assistant clerks, besides temporary clerks allowed so long as the task which I have voluntarily assumed continues, of arranging the documents of the office and making an abbreviate and index of its valuable records for the last 150 years. The three permanent assistant clerks are not salaried clerks. They were paid originally by a table of fees, though now at my request having allowances fixed during the continuance of the extensive work before referred to, which will last beyond the remaining period of my life. Their allowances so made during the continuance of that duty, in which their aid is most valuable, are respectively fixed at 1897. 12s. 10d., 1617. 4s. 10d., and 1137. 10s. 6d. per annum. In reference to the good of the public service in this office, I believe that the office will never be fully efficient if strangers are introduced over the heads of the assistant clerks. It has been tried once, and in result has operated most unfavourably, placing the person so introduced in a position which he cannot rightly fill, and depressing the spirit and energies of the assistant clerks. A stranger so introduced should certainly not be older than 25; but to exclude an accomplished and experienced assistant clerk above that age from promotion to the salaried office of first or second clerk, would be detrimental to the public service. For instance, the assistant clerk, now senior, is the man best qualified in Scotland for the office of first or second clerk, should a vacancy occur, but his age is already 38. He entered the service, however, at the age of 18, and has acquired an experience in it, such as is most valuable, if not almost indispensable for a well-qualified first or second clerk. I would therefore humbly suggest that the maximum age for entrance into this office should be 25; but that in the case of assistant clerks who have entered the office before that age, the date of such entry as asssistant clerk shall be looked to as the point of time to which the rule regarding age shall apply. The three permanent assistant clerks are, I believe, to be still appointed by the Director of Chancery, but I have had no experience in this matter, as the three now in the office have been for 12, 14, and 20 years, long before my change of service to this office. In regard to any future appointment of permanent assistant clerks, I think it very proper that an examination should take place, and if desired by the Civil Service Commissioners, I shall report what appears to me the requisite qualifications. SIR, I have, &c. Mr. Maitland to Mr. Lindsay. 3rd September 1860. 1 I am directed by the Civil Service Commissioners to state, that they CHANCERY will be glad to receive any further communication which you may be dis- (SCOTLAND). posed to address to them as to the qualifications necessary for permanent Examination assistant clerks, and the limits of age which should be established. of permanent With reference to the first and second clerkships, I am to state that assistant clerks. the Commissioners will have no difficulty in recognizing 25 as the ordinary maximum, and that they leave it to you to consider what should be the minimum. For the case of permanent assistant clerks nominated to first or second clerkships, it would be easy to make 66 provision by the following regulation :-" Permanent assistant clerks Exception to are to be considered eligible, whatever may be their ages, provided rule as to age. "that they were under 25 when first employed and have served conti"nuously." It has not, however, been usual to allow an indefinite extension of limits in such cases, though an extension of five years or even more is not uncommon, and on the whole the Commissioners would suggest that the consideration of this part of the question might with advantage be deferred until a vacancy occurs. The right of nominating being understood to be vested in the Lords of the Treasury, it must of course remain uncertain whether an assistant clerk will be nominated, and the situations being only two in number, it appears possible that a considerable time may elapse before the question becomes one of practical importance. SIR, I have, &c. Mr. Lindsay to Mr. Maitland. Edinburgh, 8th November 1860. WITH reference to the letter which you did me the honour to address to me on the 3rd of September last continuing the correspondence relative to the qualifications to be required in the case of candidates nominated to situations in Her Majesty's Chancery for Scotland, permit me, in the first place, to apologize for the delay which has occurred in returning my answer. I am entirely satisfied that 25 years should be the ordinary maximum age for the admission of the first and second clerks, and I should be very glad if an exception as to the maximum age were made on behalf of the assistant clerks. The exception might either be general, or be expressed in the words of your letter, omitting the word "permanent," as may be thought best. Either form of exception would be satisfactory; but certainly it were not for the good of the public service that any rule should be established prohibiting the Government from promoting a meritorious assistant clerk, whether temporary or permanent, to the office of full clerk on account of his long previous service in a public office essentially requiring experience. However I leave this matter entirely to the determination of the Civil Service Commissioners. As to the minimum age for the admission of the first or second clerk, I am inclined to think that any gentleman under the age of 21 could not effectively act in either of these capacities, and I should consider 21 as a reasonable minimum age. of limits of age for permanent assistant clerks. With regard to the proper qualification of the permanent assistant Subjects of exclerks, whose allowances are very moderate, and whose expectations of amination, and rising to the higher clerkships in the office have been rendered very far from secure by the statute of 1847, which transferred the patronage the higher clerkships to Government, I have felt at considerable loss what to say. If very high qualifications were required from them, no young man of talent and energy possessed of such qualifications would be found to accept of an appointment so poor and so unpromising. I fear that the Director must hereafter look out for young men of talent CHANCERY and energy, though of moderate requirements, and endeavour to train. (SCOTLAND). them and improve their education in the office as temporary clerks. Subjects of exOn the whole I would venture to propose that the qualifications to be amination, and required from the permanent assistant clerks should be : limits of age for permanent assistant clerks. 1st. At least six months training in the office as temporary clerk. 2nd. The power of reading and writing the hand used in Chancery. 3rd. Some knowledge of the business of that office. 4th. An elementary knowledge of the English language. 5th. A slight elementary knowledge of Latin. 6th. A knowledge of arithmetic sufficient for keeping daily accounts of money. 7th. The power of writing a current hand clear enough to be read without danger of mistake. I fear that for appointments so uninviting as that of the permanent assistant clerks, the usual limits as to age might be inconvenient, but if a limitation is made the maximum age might be 30, and the minimum 18. But in that case there should be an exception in favour of those who have previously served as temporary clerks within the prescribed limits, and have served continuously. SIR, I have, &c. Mr. Maitland to Mr. Lindsay. 15th November 1860. In reply to your letter of the 8th instant, continuing the correspondence with reference to the qualifications to be required in the case of persons nominated to junior situations in your department, I am directed by the Civil Service Commissioners to state that under the circumstances which you have been good enough to bring to their notice they will have no difficulty in adopting, with the omission of the word "permanent," the rule proposed in my last letter as to extension of limits of age in favour of persons previously employed as assistant clerks. They will consider 21 as the lower limit of age for the first and second clerkships. With reference to the qualifications to be required in the case of candidates for assistant clerkships, the Commissioners have to assure you that they are not by any means desirous to establish a standard unreasonably high. They doubt whether it is within their province to require that each candidate proposed to be appointed should have served for six months as a temporary clerk, and from those who have not so served a knowledge of the actual business of the office could hardly be expected, but they will ask for a report on the candidate's power of reading and writing the hand used in Chancery as proposed in my letter of 25th July, and they will examine by papers sent from this office in the subjects numbered four to seven in your letter. The Commissioners will adopt the limits of age which you have been good enough to suggest. It may be right to add that the Order in Council is held to apply to temporary clerks when not engaged for short and definite periods. SIR, I am, &c. Mr. Lindsay to Mr. Maitland. Edinburgh, 19th November 1860. I OFFER my thanks for the letter which you did me the honour to address to me on the 15th instant, regarding the qualifications to be required from the clerks in Chancery. I am entirely satisfied with all that the Commissioners have been CHANCERY pleased to determine. (SCOTLAND). In your letter of 25th July 1860, the first I had the pleasure of Examination receiving from you, you separated those special qualifications regard- in Scotch law ing which the Director of Chancery ought to report, selecting three. and conveyPermit me to mention that perhaps a fourth may have been intended, ancing. viz., such a knowledge of "Scotch law and Scotch conveyancing as "is requisite for an intelligent discharge of the duties of the office, "which are much connected with both these subjects." I thank you for the information given me on the subject of the temporary clerks. Of the three now employed only one comes within the definition of the Order in Council. I have not engaged him for short and definite periods, but with a view to his rising in the office should he merit it. I have recommended him accordingly to prepare himself for examination as a temporary clerk to whom the Order in Council is applicable. The other two gentlemen have my entire approval, but stand in different circumstances. They are not young, and are engaged only for short and definite periods. I wish to offer my humble testimony to the advantages of requiring such examinations. The prospect of these has sensibly increased the energies of the valuable men I have the satisfaction to have charge of in this office. I find this result even among those who are personally not liable to future examination, but who are desirous to give their aid in instructing the others. SIR, I have, &c. Mr. Horace Mann to Mr. Lindsay. November 28, 1860. In reply to your letter of the 19th instant, continuing the correspondence with reference to the qualifications necessary for the holders of junior situations in your office, I am directed by the Civil Service Commissioners to state that they intentionally refrained from including Scotch law and conveyancing among the subjects on which a report was to be requested, because they thought that a knowledge of those subjects might be tested by papers properly framed. Unless you are of a decidedly opposite opinion it may not be worth while to alter the arrangement which has been made. With reference to the temporary clerk whom you propose to submit to examination, I am to state that if appointed before the date of the Order in Council under which the Commissioners act (21st May 1855), he is exempt from examination in respect of his present employment. If not, the Commissioners will be prepared to examine him at any time which may be convenient, either in the subjects fixed for assistant clerks or in such other subjects as you may consider more suitable for candidates nominated to temporary clerkships. In order that the provisions of the Order in Council may be strictly complied with, it would appear necessary that limits of age should be fixed. The Commissioners have only in conclusion to express the satisfaction with which they receive your opinion that their proceedings are likely to be productive of advantage to the public service. SIR, I am, &c. Mr. Lindsay to Mr. Horace Mann. H. M. Chancery, Edinburgh, 30th November 1860. I HAVE had the honour to receive your letter of the 28th instant, continuing the correspondence with regard to the qualifications necessary for the holders of junior situations in this office. |