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
‘What!’ exclaimed Mr. Ficker; ‘abolish trial by Jury! the palladium of
British liberty! Have you _no_ respect for antiquity?’
‘We must adapt ourselves to the altered state of society, Ficker.
Observe the great proportion of cases _tried_ in these Courts; more than
sixty per cent. of the entire number of plaints entered. This is vastly
greater than the number in the Superior Courts, where there is said to
be scarcely one cause tried for fifty writs issued. Why is this? Simply
because the cost deters parties from continuing the actions. They settle
rather than go to a jury.’
‘And a great advantage, too,’ said Mr. Ficker.
‘Under the new bill,’ said our friend, the Clerk, ‘Ficker’s clients will
all be coming to us. They will be able to recover 50_l._ in these Courts
without paying Ficker a single 6_s._ 8_d._, unless they have a peculiar
taste for law expenses.’
‘And a hideous amount of rascality and perjury will be the consequence,’
said Mr. Ficker; ‘you will make these Courts mere Plaintiffs’ Courts,
Sir; Courts to which every rogue will be dragging the first man who he
thinks can pay him 50_l._, if he only swears hard enough that it is due
to him. I foresee the greatest danger from this extension of litigation,
under the pretence of providing cheap law.’
‘Fifty pounds,’ said I, ‘is, to a large proportion of the people, a sum
of money of very considerable importance. I must say, I think it would
be quite right that inferior courts should not have the power of dealing
with so much of a man’s property, without giving him a power of appeal,
at least under restrictions. But at the same time, looking at the
satisfactory way in which this great experiment has worked,—seeing how
many righteous claims have been established and just defences
maintained, which would have been denied under any other system—I cannot
but hope to see the day when, attended by proper safeguards for the due
administration of justice, these Courts will be open to even a more
numerous class of suitors than at present. It is proposed that small
Charitable Trust cases shall be submitted to the Judges of these Courts;
why not also refer to them cases in which local magistrates cannot now
act without suspicion of partisanship?—cases, for example, under the
Game Laws, or the Turnpike Laws, and, more than all, offences against
the Truck Act, which essentially embody matters of account. Why not,’
said I, preparing for a burst of eloquence, ‘why not—’
‘Overthrow at once the Seat of Justice, the letter of the Law, and our
glorious constitution in Church and State!’
It was Mr. Ficker who spoke, and he had rushed frantically from the room
’ere I could reply.
Having no one to argue the point further with, I made my bow to Mr.
Nottit and retired also.
SWEDISH FOLK-SONGS.
FAIR CARIN.
Public-domain text, read in full here on John Shaqi.
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