A Philadelphia Lawyer in the London CourtsLeaming, Thomas
History
A Philadelphia Lawyer in the London Courts
Leaming, Thomas
Courts -- Great Britain; Lawyers -- Great Britain
This experience should be borne in mind in the present movement to
lessen the law's delays in America, and the existing power of the
courts should be utilized, or, if necessary, broadened, rather than
permit Congress and the legislatures to attempt to deal with details
which they can not in the nature of things fully understand. It will
be recalled that the executive head of the American Government has
not scrupled recently to designate our methods as, in some respects,
"archaic and barbarous," and has directed attention to the present
equity practice of the United States Courts. In them, testimony upon
disputed facts is still elicited by an examiner--a method long since
abandoned in progressive communities. Such an official, temporarily
appointed by the court, possessing but limited power and often with
little experience, merely presides, while a stenographer notes the
oral evidence subsequently to be reproduced in typewriting or print.
Thereafter, in some instances, a Master is appointed to consider the
testimony and report his conclusions, while later the court itself
does the same thing over again. All lawyers know how weak in effect
is evidence when reduced to cold type, as compared with that which
falls from the lips of living witnesses, and how faint and
inaccurate are the impressions produced by the former upon the mind
of a judge, no matter how industrious and able he may be. Hence, in
enlightened systems of jurisprudence, the witnesses are called
directly before the tribunal which is to decide the facts upon their
testimony--exactly as they would be brought before a jury.
The power to bring about such a salutary change inheres in the
Supreme Court of the United States which, by the simple promulgation
of an order to that effect, without any further legislation, can
forever abolish the obsolete system now in vogue. This was
accomplished years ago in England and has also been brought about in
some American States--such as Pennsylvania, Vermont and others--with
the result that equity proceedings have been much shortened in
duration and lightened in cost, to the infinite relief of court,
counsel and litigants.
In the King's Bench Division--the only court holding jury trials
except the County Courts--the jury of twelve men may be either a
"common" jury or a "special" jury. Common juries are composed of
men having practically no property qualification, it being required
only that they shall occupy realty the rental of which is equivalent
to £10 a year. The result is to exclude those merely who are
practically homeless, as such a rental represents less, perhaps,
than the hire of a single room. The requirements therefore for
service on an ordinary jury would seem to be little more than that
the juror should have a known place of residence. His compensation
for services is but one shilling a day.
Public-domain text, read in full here on John Shaqi.
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