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
‘But,’ continued our friend, ‘three-fourths of the Clerks get less than
100_l._ a year.’
‘Now,’ said Mr. Ficker, ‘tell us what you do for all this money?’
‘Altogether,’ said the clerk, ‘the Courts sat in 1848, 8,386 days, or an
average for each Judge of 140 days. The greatest number of sittings was
in Westminster, where the Judge sat 246 days. At Liverpool, there were
sittings on 225 days. The number of trials, as I have before mentioned,
was 259,118, or an average of about 4320 to each Judge, and 528 to each
Court. In some of the Courts, however, as many as 20,000 cases are tried
in a year.’
‘Why,’ said Mr. Ficker, ‘they can’t give five minutes to each case! Is
this “administration of justice?”’
‘When,’ said the Clerk, ‘a case is undefended, a plaintiff appears,
swears to his debt, and obtains an order for its payment, which takes
scarcely two minutes.’
‘How long does a defended case take?’
‘On the average, I should say, a quarter of an hour: that is, provided
counsel are not employed.’
‘Jury cases occupy much longer.’
‘Undoubtedly.’
‘Are the jury cases frequent?’ I enquired, some feeling of respect for
‘our time-honoured institution’ coming across me as I spoke.
‘Nothing,’ said our friend, ‘is more remarkable in the history of the
County Courts than the very limited resort which suitors have to juries.
It is within the power of either party to cause a jury to be summoned in
any case where the plaint is upwards of 5_l._ The total number of cases
tried in 1848, was 259,118. Of these, upwards of 50,000 were cases in
which juries might have been summoned. But there were only 884 jury
cases in all the Courts, or one jury for about every 270 trials! The
party requiring the jury obtained a verdict in 446 out of the 884 cases,
or exactly one half.’
‘At any rate, then, there is no imputation on the juries,’ said Mr.
Ficker.
‘The power of resorting to them is very valuable,’ said our friend.
‘There is a strong disposition among the public to rely upon the
decision of the Barrister, and that reliance is not without good
foundation, for certainly justice in these Courts has been well
administered. But there may be occasions when it would be very desirable
that a jury should be interposed between a party to a cause and the
presiding Judge; and certainly if the jurisdiction of these Courts is
extended, it will be most desirable that suitors should be able to
satisfy themselves that every opportunity is open to them of obtaining
justice.’
‘For my own part,’ said I, ‘I would as soon have the decision of one
honest man as of twelve honest men, and perhaps I would prefer it. If
the Judge is a liberal-minded and enlightened man I would rather take
his judgment than submit my case to a dozen selected by chance, and
among whom there would most probably be at least a couple of dolts. By
the way, why should not the same option be given to suitors in
Westminster Hall as is given in the County Courts?’
Public-domain text, read in full here on John Shaqi.
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