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
In the Superior Courts this would have been no excuse. The man would
probably have gone to prison, leaving his wife and family upon the
parish. But here that novel sentiment in law proceedings—sympathy—peeped
forth.
‘I believe this man would pay,’ said the barrister, ‘if possible. But he
has lost everything in the world. At present I shall make no order.’
It did not appear to me that the plaintiffs generally in this Court were
anxious to press very hardly upon defendants. Indeed it would be bad
policy to do so. Give a man time, and he can often meet demands that it
would be impossible for him to defray if pressed at once.
‘Immediate execution’ in this Court, seemed to be payment within a
fortnight. An order to pay in weekly instalments is a common mode of
arranging a case, and as it is usually made by agreement between the
parties, both of them are satisfied. In fact the rule of the Court
seemed not dissimilar from that of tradespeople who want to do a quick
business, and who proceed upon the principle that ‘No reasonable offer
is refused.’
I had been in the Court sufficiently long to make these and other
observations, when Mr. Ficker introduced me to the clerk. On leaving the
Court by a side door, we repaired to Mr. Nottit’s room, where we found
that gentleman, (an old attorney,) prepared to do the honours of ‘a
glass of sherry and a biscuit.’ Of course the conversation turned upon
‘the County Court.’
‘Doing a pretty good business here?’ said Mr. Ficker.
‘Business—we’re at it all day,’ replied Mr. Nottit. ‘I’ll show you. This
is an account of the business of the County Courts in England and Wales
in the year 1848; the account for 1849 is not yet made up.’
‘Takes six months, I suppose, to make it,’ said Mr. Ficker, rather
ill-naturedly.
‘Total “Number of Plaints or Causes entered,”’ read the clerk,
‘427,611.’
‘Total amount of money sought to be recovered by the plaintiffs,’
continued Mr. Nottit, ‘1,346,802_l._’
‘Good Gracious!’ exclaimed Ficker, his face expressing envy and
indignation; ‘what a benefit would have been conferred upon society, if
all this property had been got into the legitimate Law Courts. What a
benefit to the possessors of all this wealth. I have no doubt whatever
that during the past year the suitors who have recovered this million
and a quarter have spent the whole of it, squandered it upon what they
called “necessaries of life.” Look at the difference if it had only been
locked up for them—say in Chancery. It would have been preserved with
the greatest possible safety; accounted for—every fraction of it—in the
books of the Accountant-General; and we, Sir, we—the respectable
practitioners in the profession—should have gone down three or four
times every year to the Master’s offices to see that it was all right,
and to have had a little consultation as to the best means of holding it
safely for our client, until his suit was properly and equitably
disposed of.’
Public-domain text, read in full here on John Shaqi.
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