The Strand Magazine, Vol. 01, No. 04 (April 1891)Various
General
The Strand Magazine, Vol. 01, No. 04 (April 1891)
Various
English literature -- Periodicals; Short stories, English -- Periodicals
It is part of the duty of the fourteen judges of the Queen's Bench
Division to go on circuit, and during the time of the circuits, as a
rule not more than two or three puisne judges are left in London. These
judges are absent from town, in fact, fully one-half of the judicial
year, and the occupants of the bench are not in the metropolis in
their full strength for more than a third of that period. As a result
of this arrangement, the business of the high courts, so far as the
trial of actions is concerned, is absolutely at a stand-still during
the greater part of the year. The cause lists become congested, suitors
wait vainly for their cases to be settled, and a multitude of the suits
entered never come on for trial at all, many of them being more or less
amicably arranged out of court, while others bring about their own
culmination through death or other causes. It is notorious that many of
the judges, when they observe that a case is of a complex character,
involving long and tedious investigation, will bring strong pressure on
the parties to induce them either to settle the case or to refer it to
an arbitrator. Such pressure it is dangerous for either side to resist,
and it results in further fees, further costs, and further delay.
The judges, while on circuit, receive a travelling allowance of
seven guineas a day. This is a comparatively recent arrangement, the
travelling expenses having formerly been paid in a lump sum. It would
be interesting to compare the average length of time occupied by the
judges on circuit under the old and under the new system. A great deal
of time is utterly wasted. For instance, a whole day is devoted to what
is termed "Opening the Commission." This is nothing but an antiquated
ceremony of no possible use, consisting of the reading of the Royal
Commission under which the judges hold the assizes. It occupies about
a quarter of an hour, the remainder of the day being lost. The assizes
are often concluded within a less number of days than the time assigned
to them, and the judges take advantage of this to enjoy a welcome
holiday, with a solatium for their enforced idleness of seven guineas a
day.
Our present circuit system undoubtedly leads to a scandalous and
deplorable waste of judicial time and public money. For instance, on
the South-Eastern Circuit, the largest towns of which are Cambridge
and Norwich, there is practically no business whatever; and yet all
the paraphernalia and expense of assizes goes on for eleven or twelve
weeks every year in respect of cases that might be disposed of in
London in about a week by one judge. On other circuits, too, time is
wasted in an equally reckless manner, the judges on several days being
absolutely idle.
Public-domain text, read in full here on John Shaqi.
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