II.--THE COUNTY COURT.

[Illustration: THE COURT GATES.]

The County Court in every respect presents a marked contrast to the

High Court, which formed the subject of our article last month. So

widely, in fact, do these tribunals differ, that it is difficult to

imagine that they both form a part of the same judicial system--if,

indeed, such a word, which certainly implies cohesion and method, can

properly be applied to our judicature at all. While the work of the

High Court is continuously and (unless some reforms be introduced)

permanently congested, that of the County Court is for the most part

performed with celerity: while the High Court is mainly supported by

the State, the expenses of the County Court are mostly covered by the

fees extorted from suitors: while there is common complaint (which we

by no means endorse) that there are not enough High Court judges, it

is impossible to deny that, having regard to the amount of work they

perform, there are too many for the County Court. Whatever the defects

of the County Court may be, it is essentially a popular tribunal. It

is interesting from many points of view, and not more so to the legal

student than to the student of human nature. Probably nowhere are

more curious and varied types of humanity to be observed than those

gathered together at a busy County Court. The humorous and the pathetic

are strangely mingled; there are rapacious creditors and broken-down

debtors; there are victims of confidence in their fellow men, and

wolves that prey upon the unwary. Witnesses and suitors of every class

wait about the corridors for their cases to be called: some of them

talking together and discussing their prospects with their solicitors

in high spirits at the certainty of success; while others in blank

despair await hopelessly a foregone conclusion, which probably means

the seizure of their goods and perhaps their imprisonment.

Sometimes the proceedings are relieved by an amusing scene, such as

that shown in our illustration, where a voluble young lady is sued

for the price of a pair of boots, which she declares to be a misfit.

"They are too large," she persists. "She said she would not have them

if they were tight," the plaintiff protests. Such an opportunity to

bring off smart witticisms is not neglected by the counsel on either

side. Eventually the learned judge decides to see the boots tried on,

and, sinking the lawyer, figures for the nonce as a judge of feminine

fashionable attire. Cases of this sort are by no means rare. Only the

other day a County Court Judge had to give a decision as to the fit

of three elegant gowns supplied to an actress and her two sisters. It

is a curious fact that the most amusing cases in the County Court are

usually those in which members of the fair sex are engaged. Ladies,

as a rule, seem unable to appreciate the laws of evidence, and when

in the witness-box often take the opportunity to indulge in family

reminiscences, and to pile satirical obloquy on their opponents. The

judges (who, when the parties to a suit are without professional

assistance, examine the witnesses themselves) have great difficulty in

keeping them to the point, and nothing but the fear of being committed

for contempt will induce some excited females to give their evidence in

a lucid manner. Incidents of this sort frequently relieve the tedium

of the proceedings, but they are a source of considerable delay, and

this is a serious matter to those suitors and witnesses who have had

to give up a day's work in order to attend the Court. It is indeed a

hardship for suitors who, perhaps, have brought their witnesses from

long distances at serious expense, to have their cases postponed from

one sitting to another in consequence of unexpected delays. But this

only happens occasionally in the busy Courts, the working of the County

Court being, as a rule, expeditious enough.

[Illustration: "A MISFIT."]

A glance at the history of the County Court is enough to show that

from very early times it has always been the most popular of all

legal tribunals. It is, in fact, the oldest of our Courts, having been

instituted, according to Blackstone, by Alfred the Great. Mr. Pitt

Lewis, in his most valuable work on County Court practice, remarks that

the origin of the County Court is to be traced in the Folkmote, the

gathering of the people, of Anglo-Saxon times. Hallam, in his "Middle

Ages," describes it as the "great constitutional judicature in all

questions of civil rights," and states that to it an English freeman

chiefly looked for the maintenance of those rights.

The Court was, at the time referred to, an assembly of the freemen of

a county, presided over by the Bishop and the ealderman of a shire;

"the one to teach the laws of God, and the other the law of the land."

The actual judges, however, were the freemen themselves. The ancient

functions of the County Court comprised the election of knights of

the shire, the election of coroners, proclamations of outlawry, and

"consultation and direction concerning the ordering of the county

for the safety and peace thereof." It exercised jurisdiction in

ecclesiastical suits, and appellate jurisdiction in certain criminal

cases; it was empowered to try all civil cases where the amount in

dispute did not exceed forty shillings (a large sum in those days), and

by special authority, all personal actions to any amount. It will thus

be seen that in old times the County Court possessed all the elements

of a popular institution. It flourished for many centuries in full

vigour, and to such a degree had it gained the confidence of the public

that it practically exercised civil jurisdiction to the exclusion of

all other courts.

[Illustration: SOLICITOR AND CLIENT.]

Of course it was hardly to be expected that our ancestral law-makers

would allow such a satisfactory state of things to continue, and in the

reign of Henry I. it was virtually "improved" away by the establishment

of itinerant justices, the predecessors of our present judges of

assize. It appears, however, that the new arrangement did not work

very well. There were numerous complaints of delay and expense that

prevented suitors from obtaining justice. So, to meet this difficulty,

James I. established the "Courts of Requests" throughout the country,

with a limited jurisdiction, and it was not until the year 1846 that

these Courts were abolished, and that the County Court was established

in its present form.

The modern County Court is, as may be imagined, a very different affair

from its predecessors. While retaining part of its ancient jurisdiction

in common law, its powers have been altered and extended to such a

degree, that they now cover a vast field of contentious matter.

It has jurisdiction in all actions of contract for less than £50, and

in all actions for wrongs where the amount claimed does not exceed £50.

To this general rule, however, there are many exceptions, with which it

is unnecessary to trouble the reader.

The County Court also has a limited equity jurisdiction, and powers

have been conferred upon it in many other matters. These include

actions of contract remitted from the High Court up to £100, and

actions for damages to any amount in respect of wrongs may likewise

be remitted, when the defendant, if unsuccessful, is unlikely to be

able to pay the plaintiff's costs. Cases to the amount of £1,000 are

remitted to it from the Court of Admiralty, besides which it exercises

jurisdiction in numerous special cases under various Acts, including

the Married Women's Property Act, the Coal Mines Regulation Act, the

Building Societies Act, the Friendly Societies Act, the Employers

and Workmen Act, the Industrial and Provident Societies Act, and,

most important of all, the Employers' Liability Act. But the Court

is principally useful to the public as a tribunal for the recovery

of small debts, and this is proved by the fact that in 1889, out of

1,034,689 plaints entered, no less than 1,022,295 were for sums not

exceeding £20.

[Illustration: WAITING TO BE CALLED--OUTSIDE THE COURT.]

Upwards of 500 Courts are held in the various districts of England

and Wales, and these districts are divided into circuits, which are

distributed among the County Court judges, and are fifty-nine in

number. The majority of circuits have one judge, but some have two.

Undoubtedly many of the judges in London, and in large provincial

towns, have a great deal, though not by any means an excessive amount

of work devolving upon them.

In some of the busy Courts, such as those of Brompton and Whitechapel,

they are fully occupied, but, on the other hand, there are Courts in

some provincial districts where the judges have so little to do that

their office is almost a sinecure. In either case, however, the salary

is the same, the County Court Judge receiving £1,500 a year, whether

there is any work for him to do or not.

The judges were formerly paid by fees, but now they draw fixed salaries

from the Consolidated Fund.

In addition to their salaries, they are allowed travelling expenses,

to enable them to visit the various Courts of their circuits, in each

of which they are bound to hold a sitting once a month, except in

September, which month is a holiday. In many of the little villages

that they have to needlessly visit, the opening of the Court is a mere

matter of form, and it is not, perhaps, without justice that many of

them complain of the irksome travelling that is thereby occasioned.

In 1889 the judges on no less than thirty-three out of the fifty-nine

circuits held only 150 sittings in the year, and in some cases the

sittings were less than a hundred. A large proportion of these

sittings, too, were merely nominal, an hour or less being quite enough

to enable the judges to get through the business of the Court.

It follows, therefore, by the present system that, while a taxpayer

may have to wait several weeks for a pressing case to be decided in

his own district, he is actually contributing towards the means by

which judges in other parts of the country enjoy idleness with dignity,

and £1,500 a year. It would seem fairer that the local authorities

should pay their own County Court judges, as they do their stipendiary

magistrates.

It is to be regretted that in the appointment of County Court

judges sufficient care is not always taken to secure the selection

of competent lawyers. Unlike the appointment of judges of the High

Court, with which, as a rule, little fault can be found, many County

Court judges have obtained their posts in consequence of no better

qualification than the command of backstairs influence in high places.

Any barrister of seven years' standing is eligible to become a County

Court judge, and appointments have often been obtained by men quite

devoid of any practical legal knowledge. Many of the judges never

practised at the bar at all, and never had any prospect of doing so

with success. The County Court judges, therefore, it will be observed,

need no further qualification than is required by a young student

for a call to the bar, and these are the men who have to weigh the

arguments of able counsel in complicated Admiralty and Employers'

Liability cases. The Lord Chancellor, it is true, has power to remove

any judge on account of inability or misbehaviour. This, however, is

an extreme measure hardly ever enforced, and it is notorious that

many of the County Court judges are totally unfit for even the decent

performance of their work. Some of them are worn-out, old men who are

quite incapacitated by deafness and other infirmities, to say nothing

of ignorance, stupidity, and querulousness, and their retention on the

Bench constitutes a great evil to suitors as well as a public scandal.

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.

Side by side with the enforced idleness of many of the highly paid

County Court judges, there is in the High Court, both on the Equity and

the Common Law side, a growing accumulation of arrears. Many of these

cases involve comparatively small sums, and they might very well be

tried before a competent County Court judge. A litigant at the present

time entering an action for £51 in the High Court will be subjected

to a delay of at least twelve months; whereas if he sues for £49 in

the County Court, even in a busy district, he may reasonably expect to

have his case settled within a month. By a reorganisation of the County

Court system, properly distributing the work among the judges, cases

up to £100 might always be tried before them, and the congested state

of the High Courts would be thereby relieved, without the necessity

of appointing new judges with salaries of £5,000 a year--a remedy

frequently advocated. But that only thoroughly reliable men should be

appointed as County Court judges is a _sine quâ non_.

Besides these matters the Legislature might reasonably address itself

to the evils resulting from imprisonment for debt; or, as it is now,

out of respect for the humanitarian tendency of the age, euphoniously

termed, contempt of Court. Six thousand five hundred and fifty-four

debtors were actually imprisoned in 1889. There were no less than

213,831 judgment summonses, and 63,836 warrants of commitment issued.

It is a somewhat melancholy fact that the number of judgment summonses

in 1889 was nearly 80,000 in excess of what it had been ten years

previously. It is, however, satisfactory to observe that in the number

of imprisonments in the same period there was a decrease of 1,358.

[Illustration: FATHER OF EIGHT CHILDREN--AND NO WORK!]

Many Courts are occupied with sixty or more judgment summonses a

month. The practical result of the working of the present system of

imprisonment for debt is that persons of good position are very rarely

committed. Nearly all the imprisoned debtors are very poor persons, and

the amounts that they owe are very small, the average not exceeding

£10. It is melancholy to see delicate, half-starved women, some of them

with babies, come into Court after trudging miles in order to save

their husbands, who perhaps have got a bit of work, from imprisonment.

Many judges are most careful and painstaking in their efforts to find

out whether the debtors are, or are not, able to pay, while others

perform these duties in a very perfunctory manner. In illustration

of this it may be mentioned that in the year 1889, while one judge

heard 2,256 judgment summonses and granted 855 warrants of commitment,

another heard 1,220 judgment summonses and committed 1,043 persons to

prison.

[Illustration: A FAIR DEFENDANT.]

The statute gives the judge power to commit if satisfied that the

debtor has means at the time when the order for imprisonment is sought,

or has had means since the liability to pay was incurred. The latter

provision permits the monstrous injustice that because six months ago a

man had money that he was obliged to expend on the necessaries of life,

he may be imprisoned for a debt previously contracted, and his family

thereby deprived of the means of support.

It is a moot point whether imprisonment for debt might not with

advantage be abolished altogether. The State has to keep the imprisoned

debtor, whose wife perhaps has to go to the workhouse, a double burden

thus being thrown on the public.

If there were no imprisonment for debt, people would certainly be more

careful in giving credit, and a corresponding decrease in litigation

would no doubt be the result.

The annual cost of the County Courts is about £566,000 and of this no

less than £443,000 is provided by the suitors in fees and stamps. It is

not consistent with the spirit in which justice should be administered

that it should be paid for by the litigants. This was the view

expressed by the County Court Commissioners, but no effect has been

given to their opinion. There is no reason in justice or expediency

why the County Court, the poor man's court, should be supported by

the suitors themselves while the High Court, the rich man's court, is

mainly paid for by the State.

[Illustration: DISCUSSING THE CASE.]

We have endeavoured to point out, in a temperate spirit, the chief

defects of the present County Court system. Its greatest merit lies in

the rapidity with which its business is transacted; but this is only

accomplished with a serious waste of judicial strength.

No doubt a thorough reorganisation is required. A re-grouping of the

districts over which the judges exercise their functions is needful, so

that time may be economised on busy circuits, and more work given to

those judges who have little or nothing to do. In these days of facile

railway communication many of the Courts in little villages might be

dispensed with, and central Courts established in convenient places,

where they could easily serve the surrounding country.

In some cases, at present, judges have to hold Courts at a number of

little villages within a few miles of each other, and all of them on a

good line of railway. Obviously much time would be saved if one central

Court were made to serve for all, and the inconvenience to suitors

would be so slight as to be quite insignificant.

Several circuits where there is but little business might, on this

principle, be consolidated. Many judges being thus made available for

extra work, their jurisdiction should be extended so as to relieve the

High Court, and the salaries should be increased to such a standard as

would secure the services of competent men. The Court fees for plaints

should at once be reduced from one shilling to sixpence in the pound,

and for hearing from two shillings to one shilling. It is scandalous

that the cost of process is greater in the County Court than in the

High Court, and the State undoubtedly ought to contribute towards the

maintenance of the County Court in the same proportion as it provides

for the High Court. But most of all is it desirable to be rid of

that not inconsiderable number of County Court Judges whose flagrant

incapacity renders them a scandal to the bench, and to inaugurate a new

system of appointment, so that the administration of justice may be

placed in the hands of only such men as are able to command the full

confidence of the public.

[Illustration: WITNESSES.]

_The Pastor's Daughter of Seiburg._

The Strand Magazine, Vol. 01, No. 05, May 1891 An Illustrated Monthly · 第 29 / 34 题