A Philadelphia Lawyer in the London CourtsLeaming, Thomas
History
A Philadelphia Lawyer in the London Courts
Leaming, Thomas
Courts -- Great Britain; Lawyers -- Great Britain
Beside the registrar stands a man who very rapidly passes to him
numerous printed forms upon which the registrar places a figure or
two, such as "4/6" or "7/6". This is done almost as fast as one
would deal a pack of cards. Occasionally, there is a pause, a name
is called and some one from the audience steps forward; whereupon
brief testimony is taken as to some small debt, claimed upon one
side and denied upon the other. Judgment for plaintiff follows in
nine cases out of ten, and then inquiry is made by the registrar
whether the defendant--or her husband, if she be a woman--has work
or is unemployed. A figure is then placed on the printed form which
is added to the pile.
The business dispatched is that of some large retail tradesman. Upon
payment of a small fee in the clerk's office, summonses have been
obtained which have been served on the debtors by a policeman, and,
in most cases, the defendants have signed their names admitting the
debt. The figures 4/6, 7/6, etc. signify the order of the court,
that 4 shillings and 6 pence, or 7 shillings and 6 pence, shall be
paid monthly until the debt is liquidated. In this way, the time of
a defendant who admits the debt is not diverted from his work to
attend court. The claims are fixed for hearing in batches of 100
every half hour of the court's sitting, when, if not admitted in
writing, a short trial of the contested cases ensues. In this way
about 400 cases a day are readily disposed of.
Payments are made in the clerk's office and each payment is endorsed
on the summons. If the debtor falls out of work, an application is
made, invariably with success, to suspend the payment until idleness
ceases. The costs are trifling and the whole system works admirably.
It is a prompt and businesslike manner of enforcing small
obligations with a minimum of loss and delay.
CHAPTER XV
GENERAL OBSERVATIONS AND CONCLUSION
It is the office of the courts to administer written laws enacted
from time to time in response to the popular mood. They also--and it
is the more important function--discover and declare the principles
of natural justice which, in the absence of written law, govern the
decision of a controversy. These deliverances, constituting the
common law, rely much upon precedents which, however, are not
followed slavishly, but are continually being modified--sometimes
abruptly--in harmony with prevailing sentiment. Thus, the law
expounded by the courts is ever changing and it slowly follows
public opinion.
Public-domain text, read in full here on John Shaqi.
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