A Philadelphia Lawyer in the London CourtsLeaming, Thomas
History
A Philadelphia Lawyer in the London Courts
Leaming, Thomas
Courts -- Great Britain; Lawyers -- Great Britain
The County Courts number about 500, not confined to London but
dotted all over England, the districts of which are much smaller
than counties, notwithstanding they are called County Courts. One
judge suffices for a number of these courts which are grouped into
circuits. In most courts the judge is allowed to decide both facts
and law, but a jury of eight men can be had at the instance of
either party. The jurisdiction is at present limited, in common law
cases, to £100 and, in equity actions, to £500; while there is no
jurisdiction whatever in the matters of divorce, libel or slander.
In these courts, as will be explained later, barristers rarely
appear but solicitors are allowed to act as advocates. The County
Courts were established in 1846 and, as mentioned, were not
disturbed in the reorganization of the courts in 1873, the idea
being to bring the administration of justice closer to the people's
homes and to reduce its cost. The County Courts no doubt serve to
relieve the High Court of a great mass of petty litigation, and in
that respect are extremely useful, if rather uninteresting. An
appeal lies from the County Court to the High Court on points of law
but it is not often exercised. For very small matters--chiefly the
collection of trifling debts--the Registrar's Court, which is
likewise not confined to London, performs useful functions which
will hereafter be described more particularly.
Besides the courts above mentioned, the Lord Mayor's Court in the
City of London and the Palatine Court and Court of Passage, in the
north of England, are local courts which transact a great deal of
business.
Such, briefly, is the English arrangement of courts for the disposal
of civil as distinguished from criminal business.
The judges of all courts are appointed--not elected--and their terms
of office are for life with provisions for retirement and pension.
Judicial salaries are much higher in England than in America.
Ordinary judges of the High Court get £5,000, the Lords of Appeal,
£6,000, the Chief Justice, £8,000, and the Lord Chancellor, £10,000.
The appointing power--nominally the crown--is really the Lord
Chancellor, who, unlike the Lord Chief Justice and all the other
judges of England, is a political incumbent changing with the
Government. It might be supposed from this fact that the Lord
Chancellor would yield to a natural temptation in making judicial
appointments and that his selections would constitute a distribution
of political patronage. There appears to be nothing in the law to
prevent this, and formerly judges were largely appointed for
political considerations or by reason of personal or social
influences.
Public-domain text, read in full here on John Shaqi.
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