Household words, No. 8, May 18, 1850 : $b A weekly journal
General
Household words, No. 8, May 18, 1850 : $b A weekly journal
English literature -- Periodicals
There was a claim against a gentleman for a butcher’s bill. He had the
best of all defences, for he had paid ready money for every item as it
was delivered. The plaintiff was the younger partner of a butchering
firm which had broken up, leaving him in possession of the books and his
partner in possession of the credit. The proprietor of the book-debts
proved the order and delivery of certain joints prior to a certain date,
and swore they had not been paid for. To show his title to recover the
value of them, he somewhat unnecessarily thrust before the Barrister the
deed which constituted him a partner. The Judge instantly compared the
deed with the bill. ‘Why,’ he said, turning to the butcher, ‘all the
items you have sworn to were purchased anterior to the date of your
entering into partnership. If any one is entitled to recover, it is your
partner, whom the defendant alleges he has paid.’ In one, as they are
called, of the ‘Superior Courts,’ I very much doubt whether either Judge
or Jury would have discovered for themselves this important discrepancy.
The documentary evidence was not confined to deeds and writings, stamped
or unstamped. Even during the short time I was present, I saw some
curious records produced before the Barrister—records as primitive in
their way as those the Chancellor of the Exchequer used to keep in the
Tally-Office, before the comparatively recent introduction of
book-keeping into the department of our national accountant.
Among other things received in evidence, were a milkwoman’s score, and a
baker’s notches. Mr. Ficker appeared inclined to think that no weight
ought to be attached to such evidence as this. But when I recollect that
there have occasionally been such things as tombstones produced in
evidence before Lord Volatile in his own particular Court, the House of
Lords, (‘the highest jurisdiction,’ as they call it, ‘in the realm,’) I
see no good reason why Mrs. Chalk, the milkwoman, should not be
permitted to produce her tallies in a County Court. For every practical
purpose the score upon the one seems just as good a document as the
epitaph upon the other.
I was vastly pleased by the great consideration which appeared to be
displayed towards misfortune and adversity. These Courts are
emphatically Courts for the _recovery_ of debts; and inasmuch as they
afford great facilities to plaintiffs, it is therefore the more
incumbent that defendants should be protected against hardship and
oppression. A man was summoned to show why he had not paid a debt
pursuant to a previous order of the Court. The plaintiff attended to
press the case against him, and displayed some rancour.
‘Why have you not paid, Sir?’ demanded the Judge, sternly.
‘Your honour,’ said the man, ‘I have been out of employment six months,
and within the last fortnight everything I have in the world has been
seized in execution.’
Public-domain text, read in full here on John Shaqi.
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