Great Britain -- Social life and customs -- 19th century
But a much more serious matter was the block in the Courts. This
perennial grievance seems to have then been chiefly due to the
shortness of the terms during which alone legal questions could
be decided. _Nisi prius_ trials only could be disposed of in the
vacations. Points of law or practice, however, cropped up in those
days in even the simplest matter, and, since these often had to stand
over from term to term, the luckless litigants were fortunate indeed
if they had not to wait for years before the question in dispute was
finally disposed of. The Common Law Procedure, moreover, literally
bristled with technicalities. It was a system of solemn juggling. The
real and imaginary causes of action were so mixed up together, the
‘pleadings’ required such a mass of senseless falsehood, that it is
perfectly impossible that the parties to the action could have the
least apprehension of what they were doing. Then no two different
causes of action could be joined, but each had to be prosecuted
separately through all its stages. None of the parties interested were
competent to give evidence. It was not until 1851 that the plaintiff
and the defendant, often the only persons who could give any account
of the matter, could go into the witness-box. Mistakes in such a
state of things were, of course, of common occurrence, and in those
days mistakes were fatal. Proceedings by way of appeal were equally
hazardous and often impracticable. The Exchequer Chamber could only
take cognisance of ‘error’ raised by a ‘bill of exceptions;’ and even
at this time the less that is said about that triumph of special
pleading the better. The House of Lords could only sit as a Court of
Error upon points which had run the gauntlet of the Exchequer Chamber.
But perhaps the crowning grievance of all--a grievance felt equally
keenly by suitors at law and in equity--arose from the limited powers
of the Courts. If there were a remedy at law for any given wrong, for
instance, the Court of Chancery could give no relief. In the same way,
if it turned out, as it often did, that a plaintiff should have sued
in equity instead of proceeding at law, he was promptly nonsuited. Law
could not grant an injunction; equity could not construe an Act of
Parliament.
Public-domain text, read in full here on John Shaqi.
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