Social life in England, 1750-1850Foakes-Jackson, F. J. (Frederick John)
History
Social life in England, 1750-1850
Foakes-Jackson, F. J. (Frederick John)
England -- Social life and customs -- 18th century; England -- Social life and customs -- 19th century
“It is a maxim among these lawyers that whatever hath been done may
be legally done again; and therefore they take special care to record
all the decisions made against common justice and the general reason
of mankind. These, under the name of precedents, they produce as
authorities, to justify the most iniquitous opinions, and the judges
never fail of directing accordingly.
“In pleading they studiously avoid entering into the merits of a case;
but are loud, violent, and tedious, in dwelling on all circumstances
which are not to the purpose. For instance, in the case already
mentioned (a claim to a cow) they never desire to know what claim or
title my adversary hath to my cow; but whether the said cow were red
or black; her horns long or short; whether the field I graze her in
be round or square; whether she was milked at home or abroad; what
diseases she is subject to and the like; after which they consult
precedents, adjourn the cause from time to time, and in ten, twenty, or
thirty years come to an issue.”
* * * * *
Here is a typical undefended Chancery suit. A will which came into
force in 1819 contained bequests to charities. These legacies were
contrary to the Mortmain laws, and were consequently void. The
heir-at-law filed a bill in Chancery to make them so. During 1820 the
trustees of the charities put in their answers. In 1821 the case was
referred to the Master in Chancery to find out who was the heir at law.
By 1823 he was ready with an answer, and the court directed him to give
an account of the property. He did so in 1824. In 1825 the case was set
down for further directions; in 1826 the Master was told to ascertain
the children of the testator’s half-nephews. This took till 1828, when
the case was reported to the House of Commons. The Master was then
still pursuing his enquiries. A defended case was naturally slower. The
case was referred to the Master in Chancery; he reported: exceptions
were then taken to his report, and so on. In about ten years something
probably occurred to make it necessary to begin again. The Masters were
paid by fees and were interested in making a case last. Their incomes
often amounted to as much as from £3000 ($15,000) to £4000 ($20,000)
a year. The amount of law copying was prodigious. In one case it came
to 10,497 folios, for which a charge of six shillings and eight pence
($1.60) for each folio was made. You recollect the poor captain who
sunk to the position of a law-copying clerk. Be sure he was not paid at
this rate.
Such then were a few of the abuses of one branch of the legal system
which Dickens exposed. They have in the main been disposed of since
1873. We cannot, however, leave the subject without a few words on his
inexhaustible fertility in drawing the characters of lawyers.
The profession is represented throughout. We see Mr. Justice Stareleigh
trying Mr. Pickwick and waking up at intervals. Who can forget the
cross-examination of Sam Weller.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account