The Strand Magazine, Vol. 01, No. 05, May 1891: An Illustrated MonthlyVarious
General
The Strand Magazine, Vol. 01, No. 05, May 1891: An Illustrated Monthly
Various
English literature -- Periodicals; Short stories, English -- Periodicals
They may, with the consent of the Lord Chancellor, retire on a pension
of £1,000 a year if suffering from permanent infirmity. As a matter
of fact, however, no man likes to have £500 a year deducted from his
income, and the consequence is that the judges retain their positions
until they are long past their work. It is much more convenient to
appoint a deputy than to retire, and out of the multitude of briefless
barristers a deputy can be obtained for a very small sum. Indeed,
there have often been scandalous instances of a judge retaining his
salary while paying a deputy £200 a year or so to do his work. This
was at one time so common, and the men appointed were often so grossly
incompetent, that it was found desirable that the names of all deputy
judges should be submitted to the Lord Chancellor for his approval.
But, notwithstanding this restriction, abuses are still very numerous,
for though the Lord Chancellor may take care that the deputy is a more
or less capable man, he cannot dictate the amount of his payment. Thus
the judicial "sweating system" continues to flourish as before.
The judges of the County Court are greatly assisted in their duties
by the Registrars. These officials, who are appointed by the judges,
exercise judicial functions, and receive a salary which is regulated
by the number of plaints entered in their Courts, but may in no
case exceed £1,400 a year. The duties of the Registrar, who must be
a solicitor of five years' standing, are multifarious, and include
the hearing of Bankruptcy cases and undefended suits. The office
of Registrar will in future include that of High Bailiff, for the
last-named functionary is by the Act of 1888 to be allowed to die out,
that is to say, vacancies are not to be refilled, and the Registrar
will undertake the duties of High Bailiff in addition to his own at an
increased salary. The High Bailiff is responsible for executing the
process of the Courts, and is assisted by sub-bailiffs, of whom there
are a varying number for each Court.
From what we have already said, it will have been gathered that in
populous commercial districts a County Court judge may be kept largely
occupied with cases of as much importance, and involving as difficult
legal questions, as the bulk of those tried in the High Court. In other
words, legislation has imposed upon the County Court the same class of
work as that which was, until a comparatively recent period, confined
to the High Court. In 1889 no less than 1,902 cases were remitted from
the superior Courts.
Bankruptcy cases involving property of unlimited value and most
delicate and difficult points of law, Employers' Liability cases,
Admiralty cases, and a variety of other legal work requiring the
highest judicial capacity can now be tried in the County Court. And
yet, by some absurd superstition, an ordinary common law action for
contract for £50 or above can only be tried by a judge of the High
Court.
Public-domain text, read in full here on John Shaqi.
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