+ ~ -
 
Please report pronunciation problems here. Select and sample other voices. Options Pause Play
 
Report an Error
Go!
 
Go!
 
TOC
 

courts of common law; "I take the fact to be clear, that
the public decidedly prefers the County Courts to the
Common Law Courts in Westminster Hall for the trial
of causes. The proof of this fact, that the former
tribunals swarm with suitors while the latter are almost
deserted, involves another fact of a more general nature,
the destitution of the bar; the ruin of many now in
business; the disappointment of many more in their
just expectations; and finally, the annihilation of a
most valuable class of society, as it has existed for the
advantage of the public.

"If the interest of the bar come in competition with
that of the public, there cannot be one moment's hesitation
as to which must be sacrificed. Neither that nor
any other set of men has any vested right in misgovernment
or maladministrationno privilege to defeat, or
even delay for a single hour, well-considered improvements.
Could we suppose a legal system so perfect and
so justly appreciated that all persons would
spontaneously act right on all occasions, from knowing that
otherwise the law would force them promptly to do so,
and the community would enjoy the greatest blessing
ascribed by Horace to the rule of Augustus, 'forum
litibus orbum'the barrister must turn his powers to
some other account, nor breathe a murmur, nor ask a
farthing of compensation, still less demand, the restoration
of the bad old system.

"But a state that should make one of its tribunals
cheap and efficient, while it condemned another to a
dilatory, expensive course of procedure and trial, would
be deemed doubly impolitic and regardless of the people's
welfare: first, in declining to place both on the most
favourable footing for the attainment of justice; but
secondly, in the reduction that must follow of those
learned men who formerly practised in the court now
so fatally eclipsed, and formed a body capable of effectual
resistance to oppression and of guarding the rights
of all.

"I might dwell on the value of the bar in collateral
respects,—in the service of public departments, in the
various relations of private society, in furnishing a
constant succession of gentlemen competent to fill the
judicial office, through all its ranks, up to the most
arduous and elevated seats of justice. The education
and habits of the bar have formed the present judges of
the Common Law Courts, as well as the Recorders and
other presidents in local jurisdiction.

"The fact I first noticedthe favour acquired by
these inferior jurisdictions at the expense of the superior
is not merely to be traced to the power of examining
parties. There is still a more operative, because a grosser
and more palpable cause of the same notorious effect
the enormous costs imposed on suitors in the Superior
Courts.

"Can we expect a sane man to resort to a court which
refuses to hear him and his adversarypossibly the
only two persons in the world who know the truth
and which makes him pay £20 for admission into its
precincts; when in another court, close at hand and
always sitting, he may state his own rights as he
understands them, call his antagonist to disclose the
whole merits of the disputed transaction, and finally
recover his own at a twentieth part of the cost?

"The evil points out its own remedy. If we are right
in our premises, and suitors keep aloof from courts of
unimpeachable knowledge and integrity because they
are exclusive and expensive, the conclusion is obvious.
Make them open to receive information from all, and
cheap enough to be accessible to all, and the same
amount of business will be found to flock thither as was
seen there before this unexpected rivalry was created by
the Legislature.

"I cannot help feeling sanguine in my hopes for the
success of your great measure for receiving the evidence
of parties, and looking at the names and characters of
the enlightened Commissioners for inquiring into
practices and pleading, I fully anticipate such a reform of
abuse, such a sweeping abolition of fiction and verbiage
those pets of English lawyersthe establishment of
such a natural and intelligible course of procedure in
our courts, as will be satisfactory to the public and
conducive both to the honour and interest of our
profession."

In the course of the discussion which followed the
reading of the report and this letter, Mr. Hume
suggested that if the letter were published, it would have a
strong effect in favour of the measure now before the
House of Lords for making parties witnesses. Lord
Brougham intimated that he did not take a gloomy view
of the chance of that bill; but he had the permission of
Lord Denman to read the letter, and if need be he
would read it in his place in the House of Lords. Mr.
Bethel and Mr. Lowe moved and seconded a resolution
—"That it is highly desirable that a school of law and
jurisprudence should be founded in connexion with the
Society for Promoting the Amendment of the Law."
It was unanimously adopted; and resolutions were also
carried in favour of appointing a Minister of Justice or
a department connected with the law; and for appointing
a committee to forward the project of an
international commercial code.

A Re-valuation of the Duke of Rutland's Estates
has taken place in consequence of the complaints of
some of his Grace's tenantry; and the result is stated to
be a small decrease only on the total rental. .It is added
that the effect of the valuation on the tenants whose
complaints led to the re-valuation, has been a considerable
increase of rent.

The Duke of Wellington has Abated the Rents of his
Strathfieldsaye estates. His Grace inquired of the
steward if he had made any abatement of the rentals.
The steward replied that he had not, for the tenants
had all paid cheerfully, without asking for any reduction.
The Duke replied that was the very reason why
the abatement should be made, and he directed that it
should be made on the last, as well as on the rentals of
the current year.

The new act of parliament Regulating the Sale oj
Arsenic has come into operation. It enacts that on the
sale of arsenic the particulars of the sale are to be
entered in a book by the seller in the form set out in the
schedule, containing the date of sale, the name and
surname of the purchaser, his place of abode and
occupation, the quantity sold, and the purpose for which
it was required. No arsenic is to be sold to any person
unknown, unless in the presence of a witness, and
arsenic is not to be sold except to a person of full age.
For offending against the act a penalty of not more
than £20 by justices is to be imposed. The act is not
to prevent the sale of arsenic in medicine under a
medical prescription. The term arsenic is to include
all arsenious compounds.

A general measure for the Compulsory Prepayment
by Stamps of all prepaid letters posted in the United
Kingdom, is about to be adopted. As a preparation for
it, all the post-masters in the kingdom are now allowed
an immense stock of postage stamps of all descriptions
on credit, and they are compelled to ascertain daily
that every letter receiver in their official districts has a
sufficient supply on hand for the accommodation of the
public. The value of the whole of these stamps, now
furnished on credit to the various officials in the country,
is not less than a quarter of a million of money.

The following are the Gross Receipts of the Great
Exhibition, from its opening on the 1st of May to the
13th instant, inclusive:—

                                                                                  Â£       s.
Total amount from daily visitors up to 31st May... 57,990   1
Season tickets up to 31st May .............................65,871 15
For the week ending June 7................................. 13,431  2
Season tickets during the same week....................... 105   0

Monday, June 9...................................................... 2,438   6
Tuesday, June 10................................................... 2,281 11
Wednesday, June 11.............................................. 2,164 13
Thursday, June 12.................................................. 2,249   2
Friday, June 13....................................................... 2,246   3

Subscriptions........................................................ 64,344   0
For privilege of printing the catalogues.................. 3,200   0
For privilege of supplying refreshments..................5,500   0

Total received up to June 13, inclusive............... 221,821 13

The liabilities of the Royal Commissioners are:

For the building complete.....................................130,000   0
Management, printing, &c ......................................25,000   0
Police .....................................................................10,000   0
Prize fund ...............................................................20,000   0

                                                                            Â£185,000   0