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 Chief Justice sits at nisi prius more often than upon appeal. It
seems odd, during the trial of an action for damage caused by a
flood due to the alleged improper construction of a bridge, to see
the Lord Chief Justice of England reaching far down with a long
white, lath-like stick, into the solicitors' well to point out some
feature of a model while interrogating a witness, and afterwards
charging the jury stick in hand. It is still more strange to hear a
judge, whose name is known the world over, gravely charging a jury
as to the value, as evidence of identity, of a wart under the tail
of a costermonger's donkey, the ownership of which is in dispute.
Yet, like every feature of an English court, it is eminently
practical and free from form or affectation.
The highly paid judges of the High Court, sit in the smallest case;
the idea seems to be that if a man desires to assert his rights,
however insignificant, it is the duty of the Government to afford
him the opportunity. In the Divisional Court (an appeal court of
limited jurisdiction) the Lord Chief Justice of England and two
famous colleagues did not grudge, upon a recent occasion, to hear an
appeal involving nominally £22. 11s. 6d., payment on account having
reduced the actual amount in controversy to £2. 11s. 6d. As the
salaries of the occupants of the Bench were not less than £20,000 a
year--to say nothing of those of the court attendants, and the fees
of the barristers and solicitors on both sides--the economy of such
an employment of human effort is not apparent. Some one, however,
thought his rights had been invaded, which justified the waste,
while the costs furnished a small stake upon the result.
CHAPTER IX
COURTS OF APPEAL
THE COURT OF APPEAL--HOUSE OF LORDS--DIVISIONAL
COURT--JUDICIAL COMMITTEE OF THE PRIVY COUNCIL.
The Court of Appeal--the last resort except for occasional cases
which reach the House of Lords and Colonial appeals which go to the
Privy Council--is, perhaps, the most perfectly working tribunal for
the adjustment of conflicting rights which the wit of man in any age
has devised. It is divided into two parts of three judges each,
sitting simultaneously. The Lord Chancellor, the Chief Justice, or
the Master of the Rolls presides over the respective parts and two
associate Lord Justices of Appeal compose the court.
Printed briefs are not used, though the advantage of this omission
is not apparent. There is no bill of exceptions and the appeal is in
name, as well as in fact, a motion for a judgment the reverse of
that rendered below or, in the alternative, for a new trial, and
everything which transpired is open to review. Three barristers--the
leader, junior and devil--together with the solicitors, are usually
found on either side.
Public-domain text, read in full here on John Shaqi.
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