Part XV.

LAW AT A LOW PRICE.

Low, narrow, dark, and frowning are the thresholds of our Inns of Court.

If there is one of these entrances of which I have more dread than

another, it is that leading out of Holborn to Gray's Inn. I never

remember to have met a cheerful face at it, until the other morning,

when I encountered Mr. Ficker, attorney-at-law. In a few minutes we

found ourselves arm in arm, and straining our voices to the utmost amid

the noise of passing vehicles. Mr. Ficker stretched himself on tiptoe in

a frantic effort to inform me that he was going to a County Court. "But

perhaps you have not heard of these places?"

I assured Mr. Ficker that the parliamentary discussions concerning them

had made me very anxious to see how justice was administered in these

establishments for low-priced Law. "I am going to one now;" but he

impressively added, "you must understand, that professionally I do not

approve of their working. There can be no doubt that they seriously

prejudice the regular course of law. Comparing the three quarters

preceding with three quarters subsequent to the establishment of these

Courts, there was a decrease of nearly 10,000 writs issued by the Court

of Queen's Bench alone, or of nearly 12,500 on the year."

We soon arrived at the County Court. It is a plain, substantial looking

building, wholly without pretension, but at the same time not devoid of

some little architectural elegance of exterior. We entered, by a gateway

far less austere than that of Gray's Inn, a long, well-lighted passage,

on either side of which were offices connected with the Court. One of

these was the Summons Office, and I observed on the wall a "Table of

Fees," and as I saw Mr. Ficker consulting it with a view to his own

business, I asked him his opinion of the charges.

"Why," said he, "the scale of fees is too large for the client and too

small for the lawyer. But suitors object less to the amount than to the

intricacies and perplexities of the Table. In some districts the expense

of recovering a sum of money is one-third more than it is in others;

though in both the same scale of fees is in operation. This arises from

the variety of interpretations which different judges and officers put

upon the charges."

Passing out of the Summons Office, we entered a large hall, placarded

with lists of trials for the ensuing week. There were more than one

hundred of them set down for trial on nearly every day.

"I am glad," I said, "to think that this is not all additional

litigation. I presume these are the thousands of causes a-year withdrawn

from the superior Courts?"

"The skeletons of them," said Mr. Ficker, with a sigh. "There were some

pickings out of the old processes; but I am afraid there is nothing but

the bone here."

"I see here," said I, pointing to one of the lists, "a single plaintiff

entered, as proceeding against six-and-twenty defendants in succession."

"Ah," said Mr. Ficker, rubbing his hands, "a knowing fellow that--quite

awake to the business of these Courts. A cheap and easy way, sir, of

recovering old debts. I don't know who the fellow is--a tailor, very

likely--but no doubt you will find his name in the list in this way once

every half-year. If his Midsummer and Christmas bills are not punctually

paid, it is far cheaper to come here and get a summons served, than to

send all over London to collect the accounts, with the chance of not

finding the customer at home. And this is one way, you see, in which we

solicitors are defrauded. No doubt, this fellow formerly employed an

attorney to write letters for him, requesting payment of the amount of

his bill, and 6_s._ 8_d._ for the cost of the application. Now, instead

of going to an attorney, he comes here and gets the summons served for

2_s._ A knowing hand that--a knowing hand."

"But," I said, "surely no respectable tradesman----"

"_Respectable_," said Mr. Ficker, "I said nothing about respectability.

This sort of thing is very common among a certain class of

trades-people, especially puffing tailors and boot-makers. Such people

rely less on regular than on chance-custom, and therefore they care less

about proceeding against those who deal with them."

"But," said I, "this is a decided abuse of the power of the Court. Such

fellows ought to be exposed."

"Phoo, phoo," said Mr. Ficker; "they are, probably, soon known here, and

then if the judge does his duty, they get bare justice, and nothing

more. I am not sure, indeed, that sometimes their appearance here may

not injure rather than be of advantage to them; for the barrister may

fix a distant date for payment of a debt which the tradesman, by a

little civility, might have obtained from his customer a good deal

sooner."

"The Court" I found to be a lofty room, somewhat larger and handsomer

than the apartment in which the Hogarths are hung up in the National

Gallery. One-half was separated from the other by a low partition, on

the outer side of which stood a miscellaneous crowd of persons who

appeared to be waiting their turn to be called forward. Though the

appearance of the Court was new and handsome, everything was plain and

simple.

I was much struck by the appearance and manner of the Judge. He was

comparatively a young man; but I fancied that he displayed the

characteristics of experience. His attention to the proceedings was

unwearied; his discrimination appeared admirable; and there was a calm

self-possession about him that bordered upon dignity.

The suitors who attended were of every class and character. There were

professional men, tradesmen, costermongers, and a peer. Among the

plaintiffs, there were specimens of the considerate plaintiff, the angry

plaintiff, the cautious plaintiff, the bold-swearing plaintiff, the

energetic plaintiff, the practiced plaintiff, the shrewish (female)

plaintiff, the nervous plaintiff, and the revengeful plaintiff. Each

plaintiff was allowed to state his or her case in his or her own way,

and to call witnesses, if there were any. When the debt appeared to be

_primâ facie_ proved, the Barrister turned to the defendant, and perhaps

asked him if he disputed it?

The characteristics of the defendants were quite as different as the

characteristics of the plaintiffs. There was the factious defendant, and

the defendant upon principle--the stormy defendant, and the defendant

who was timid--the impertinent defendant, and the defendant who left his

case entirely to the Court--the defendant who would never pay, and the

defendant who would if he could. The causes of action I found to be as

multifarious as the parties were diverse. Besides suits by trades-people

for every description of goods supplied, there were claims for every

sort and kind of service that can belong to humanity, from the claim of

a monthly nurse, to the claim of the undertaker's assistant.

In proving these claims the Judge was strict in insisting that a proper

account should have been delivered, and that the best evidence should

be produced as to the correctness of the items. No one could come to the

court and receive a sum of money merely by swearing that "Mr. So-and-so

owes me so much."

With regard to defendants, the worst thing they could do, was to remain

away when summoned to attend. It has often been observed that those

persons about whose dignity there is any doubt, are the most rigorous in

enforcing its observance. It is with Courts as it is with men; and as

Small Debt Courts are sometimes apt to be held in some contempt, I found

the Judge here very prompt in his decision, whenever a defendant did not

appear by self or agent. Take a case in point:--

_Barrister (to the Clerk of the Court)._ Make an order in favor of

the plaintiff.

_Plaintiff's Attorney._ Your honor will give us speedy recovery?

_Barrister._ Will a month do, Mr. Docket?

_Plaintiff's Attorney._ The defendant is not here to assign any

reason for delay, your honor.

_Barrister._ Very well; then let him pay in a fortnight.

I was much struck, in some of the cases, by a friendly sort of

confidence which characterized some of the proceedings. Here again the

effect in a great measure was attributable to the Barrister. He seemed

to act--as indeed he is--rather as an authorized arbitrator than as a

judge. He advised rather than ordered; "I really think, he said, to one

defendant, "I really think, sir, you have made yourself liable." "Do

you, sir?" said the man, pulling out his purse, without more ado, "then,

sir, I am sure I will pay."

It struck me, too, as remarkable, that though some of the cases were

hotly contested, none of the defeated parties complained of the

decision. In several instances, the parties even appeared to acquiesce

in the propriety of the verdict.

A Scotch shoeing-smith summoned a man who, from his appearance, I judged

to be a hard, keen-dealing Yorkshire horse-jobber; he claimed a sum of

money for putting shoes upon six-and-thirty horses. His claim was just,

but there was an error in his particulars of demand which vitiated it.

The Barrister took some trouble to point out that in consequence of this

error even if he gave a decision in his favor, he should be doing him an

injury. The case was a hard one, and I could not help regretting that

the poor plaintiff should be non-suited. Did _he_ complain? Neither by

word or action. Folding up his papers, he said, sorrowfully, "Well, sir,

I assure you I would not have come here, if it had not been a just

claim." The Barrister evidently believed him, for he advised a

compromise, and adjourned the case that the parties might try to come to

terms. But the defendant would not arrange, and the plaintiff was driven

to elect a non-suit.

The mode of dealing with documentary evidence afforded me considerable

satisfaction. Private letters--such as the tender effusions of faithless

love--are not, as in the higher Courts, thrust one after the other, into

the dirty face of a grubby-looking witness who was called to prove the

handwriting, sent the round of the twelve jurymen in the box, and

finally passed to the reporters that they might copy certain flowery

sentences and a few stanzas from "Childe Harold," which the short-hand

writers "could not catch," but are handed up, seriatim, to the Judge who

looks through them carefully and then passes them over without

observation for the re-perusal of the defendant. Not a word transpires

except such extracts as require comment.

There was a claim against a gentleman for a butcher's bill. He had the

best of all defences, for he had paid ready money for every item as it

was delivered. The plaintiff was the younger partner of a butchering

firm which had broken up, leaving him in possession of the books and his

partner in possession of the credit. The proprietor of the book-debts

proved the order and delivery of certain joints prior to a certain date,

and swore they had not been paid for. To show his title to recover the

value of them, he somewhat unnecessarily thrust before the Barrister,

the deed which constituted him a partner. The Judge instantly compared

the deed with the bill. "Why," he said, turning to the butcher, "all the

items you have sworn to were purchased anterior to the date of your

entering into partnership. If any one is entitled to recover, it is your

partner, whom the defendant alleges he has paid." In one, as they are

called, of the "Superior Courts," I very much doubt whether either Judge

or Jury would have discovered for themselves this important discrepancy.

The documentary evidence was not confined to deeds and writings, stamped

or unstamped. Even during the short time I was present, I saw some

curious records produced before the Barrister--records as primitive in

their way as those the Chancellor of the Exchequer used to keep in the

Tally-Office, before the comparatively recent introduction of

book-keeping into the department of our national accountant.

Among other things received in evidence, were a milkwoman's score and a

baker's notches. Mr. Ficker appeared inclined to think that no weight

ought to be attached to such evidence as this. But, when I recollect

that there have occasionally been such things as tombstones produced in

evidence before Lord Volatile in his own particular Court, the House of

Lords, ("the highest jurisdiction," as they call it, "in the realm,") I

see no good reason why Mrs. Chalk, the milkwoman, should not be

permitted to produce her tallies in a County Court. For every practical

purpose the score upon the one seems just as good a document as the

epitaph upon the other.

I was vastly pleased by the great consideration which appeared to be

displayed towards misfortune and adversity. These Courts are

emphatically Courts for the _recovery_ of debts; and inasmuch as they

afford great facilities to plaintiffs, it is therefore the more

incumbent that defendants should be protected against hardship and

oppression. A man was summoned to show why he had not paid a debt

pursuant to a previous order of the Court. The plaintiff attended to

press the case against him, and displayed some rancor.

"Why have you not paid, sir?" demanded the Judge sternly.

"Your honor," said the man, "I have been out of employment six months,

and within the last fortnight everything I have in the world has been

seized in execution."

In the Superior Courts this would have been no excuse. The man would

probably have gone to prison, leaving his wife and family upon the

parish. But here that novel sentiment in law proceedings--sympathy--peeped

forth.

"I believe this man would pay," said the Barrister, "if possible. But he

has lost everything in the world. At present I shall make no order."

It did not appear to me that the plaintiffs generally in this Court were

anxious to press very hardly upon defendants. Indeed it would be bad

policy to do so. Give a man time, and he can often meet demands that it

would be impossible for him to defray if pressed at once.

"Immediate execution" in this Court, seemed to be payment within a

fortnight. An order to pay in weekly installments is a common mode of

arranging a case, and as it is usually made by agreement between the

parties, both of them are satisfied. In fact, the rule of the Court

seemed not dissimilar from that of trades-people who want to do a quick

business, and who proceed upon the principle that "No reasonable offer

is refused."

I had been in the Court sufficiently long to make these and other

observations, when Mr. Ficker introduced me to the clerk. On leaving the

Court by a side-door, we repaired to Mr. Nottit's room, where we found

that gentleman (an old attorney) prepared to do the honors of "a glass

of sherry and a biscuit." Of course the conversation turned upon "the

County Court."

"Doing a pretty good business here?" said Mr. Ficker.

"Business--we're at it all day," replied Mr. Nottit. "I'll show you.

This is an account of the business of the County Courts in England and

Wales in the year 1848--the account for 1849 is not yet made up."

"Take six months, I suppose, to make it," said Mr. Ficker, rather

ill-naturedly.

"Total 'Number of Plaints or Causes entered,'" read the clerk,

"427,611."

"Total amount of money sought to be recovered by the plaintiffs,"

continued Mr. Nottit, "£1,346,802."

"Good gracious!" exclaimed Ficker, his face expressing envy and

indignation; "what a benefit would have been conferred upon society, if

all this property had been got into the legitimate Law Courts! What a

benefit to the possessors of all this wealth! I have no doubt whatever

that during the past year the suitors, who have recovered this million

and a quarter, have spent the whole of it, squandered it upon what they

called "necessaries of life." Look at the difference if it had only been

locked up for them--say in Chancery. It would have been preserved with

the greatest possible safety; accounted for--every fraction of it--in

the books of the Accountant-General; and we, sir, we--the respectable

practitioners in the profession--should have gone down three or four

times every year to the Master's offices to see that it was all right,

and to have had a little consultation as to the best means of holding it

safely for our client, until his suit was properly and equitably

disposed of."

"But, perhaps, Ficker," I suggested, "these poor clients make better use

of their own money after all than the Courts of Law and Equity could

make it for them."

"Then the costs," said Mr. Ficker, with an attorney's ready eye to

business, "let us hear about them."

"The total amount of costs adjudged to be paid by defendants on the

amount (£752,500) for which judgment was obtained, was £199,980," was

the answer--"being an addition of 26.5 per cent, on the amount ordered

to be paid."

"Well," said Mr. Ficker, "that's not so very bad. Twenty five per cent,"

turning to me, "is a small amount undoubtedly for the costs of an action

duly brought to trial; but, as the greater part of these costs are costs

of Court, twenty-five per cent, cannot be considered inadequate."

"It seems to me a great deal too much," said I. "Justice ought to be

much cheaper."

"All the fees to counsel and attorneys are included in the amount,"

remarked the clerk, "and so are allowances to witnesses. The fees on

causes amounted to very nearly £300,000. Of this sum, the Officers' fees

were, in 1848, £234,274, and the General Fund fees £51,784."

"Not so bad!" said Mr. Ficker, smiling.

"The Judges' fees amounted to nearly £90,000. This would have given them

all £1500 each; but the Treasury has fixed their salaries at a uniform

sum of £1000, so that the sixty Judges only draw £60,000 of the

£90,000."

"Where does the remainder go?" I inquired.

The County Court Clerk shook his head.

"But you don't mean," said I, "that the suiters are made to pay £90,000

a year for what only costs £60,000?"

"I am afraid it is so," said Mr. Nottit.

"Dear me!" said Mr. Ficker; "I never heard of such a thing in all my

professional experience. I am sure the Lord Chancellor would never

sanction that in his Court. You ought to apply to the Courts above, Mr.

Nottit--you ought, indeed."

"And yet," said I, "I think I have heard something about a Suitors' Fee

Fund in those Courts above--eh, Ficker?"

"Ah--hem--yes," said Mr. Ficker. "Certainly--but the cases are not at

all analogous. By the way, how are the other fees distributed?"

"The Clerks," said Mr. Nottit, "received £87,283, nearly as much as the

Judges. As there are 491 clerks, the average would be £180 a-year to

each. But as the Clerks' fees accumulate in each Court according to the

business transacted, of course the division is very unequal. In one

Court in Wales the Clerk only got £8 10_s._ in fees; in another Court,

in Yorkshire, his receipts only amounted to £9 4_s._ 3_d._ But some of

my colleagues made a good thing of it. The Clerks' fees in some of the

principal Courts' are very 'Comfortable.'

"The Clerk of Westminster netted £2731

Clerkenwell 2227

Southwark 1710

Bristol, Sheffield, Bloomsbury, Birmingham, Shoreditch, Leeds.

Marylebone, received £1000 a-year and upwards."

"But," continued our friend, "three-fourths of the Clerks get less than

£100 a-year."

"Now," said Mr. Ficker, "tell us what you all do for this money?"

"Altogether," said the clerk, "the Courts sat in 1848, 8,386 days, or an

average for each Judge of 140 days. The greatest number of sittings was

in Westminster, where the Judge sat 246 days. At Liverpool, there were

sittings on 225 days. The number of trials, as I have before mentioned,

was 259,118, or an average of about 4,320 to each Judge, and 528 to each

Court. In some of the Courts, however, as many as 20,000 cases are tried

in a year."

"Why," said Mr. Ficker, "they can't give five minutes to each case! Is

this 'administration of justice? '"

"When," said the clerk, "a case is undefended, a plaintiff appears,

swears to his debt, and obtains an order for its payment, which takes

scarcely two minutes."

"How long does a defended case take?"

"On the average, I should say, a quarter of an hour; that is, provided

counsel are not employed."

"Jury cases occupy much longer?"

"Undoubtedly."

"Are the jury cases frequent?" I inquired--some feeling of respect for

'our time-honored institution' coming across me as I spoke.

"Nothing," said our friend, "is more remarkable in the history of the

County Courts than the very limited resort which suitors have to juries.

It is within the power of either party to cause the jury to be summoned

in any case where the plaint is upwards of £5. The total number of cases

tried in 1848 was 259,118. Of these, upwards of 50,000 were cases in

which juries might have been summoned. But there were only 884 jury

cases in all the Courts, or one jury for about every 270 trials! The

party requiring the jury obtained a verdict in 446 out of the 884 cases,

or exactly one-half.

"At any rate, then, there is no imputation on the juries," said Mr.

Ficker.

"The power of resorting to them is very valuable," said our friend.

"There is a strong disposition among the public to rely upon the

decision of the Barrister, and that reliance is not without good

foundation, for certainly justice in these Courts have been well

administered. But there may be occasions when it would be very desirable

that a jury should be interposed between a party to a cause and the

presiding Judge; and certainly if the jurisdiction of these Courts is

extended, it will be most desirable that suitors should be able to

satisfy themselves that every opportunity is open to them of obtaining

justice."

"For my own part," said I, "I would as soon have the decision of one

honest man as of twelve honest men, and perhaps I would prefer it. If

the Judge is a liberal-minded and enlightened man, I would rather take

his judgment than submit my case to a dozen selected by chance, and

among whom there would most probably be at least a couple of dolts. By

the way, why should not the same option be given to suitors in

Westminster Hall as is given in the County Courts?"

"What!" exclaimed Mr. Ficker, "abolish trial by Jury! the palladium of

British liberty! Have you _no_ respect for antiquity?"

"We must adapt ourselves to the altered state of society, Ficker.

Observe the great proportion of cases _tried_ in these Courts--more than

sixty per cent. of the entire number of plaints entered. This is vastly

greater than the number in the Superior Courts, where there is said to

be scarcely one cause tried for fifty writs issued. Why is this? Simply

because the cost deters parties from continuing the actions. They settle

rather than go to a jury."

"And a great advantage, too," said Mr. Ficker.

"Under the new bill," said our friend, the Clerk, "Fickers clients will

all be coming to us. They will be able to recover £50 in these Courts,

without paying Ficker a single 6_s._ 8_d._ unless they have a peculiar

taste for law expenses."

"And a hideous amount of rascality and perjury will be the consequence,"

said Mr. Ficker. "You will make these Courts mere Plaintiffs' Courts,

sir--Courts to which every rogue will be dragging the first man who he

thinks can pay him £50, if he only swears hard enough that it is due to

him. I foresee the greatest danger from this extension of litigation,

under the pretence of providing cheap law.

"Fifty pounds," said I, "is, to a large proportion of the people, a sum

of money of very considerable importance. I must say, I think it would

be quite right that inferior courts should not have the right of dealing

with so much of a man's property, without giving him a power of appeal,

at least under restrictions. But, at the same time, looking at the

satisfactory way in which this great experiment has worked--seeing how

many righteous claims have been established and just defences

maintained, which would have been denied under any other system--I

cannot but hope to see the day when, attended by proper safeguards for

the due administration of justice, these Courts will be open to even a

more numerous class of suitors than at present. It is proposed that

small Charitable Trust cases shall be submitted to the Judges of these

Courts; why not also refer to them cases in which local magistrates

cannot now act without suspicion of partisanship?--cases, for example,

under the Game Laws, or the Turnpike Laws, and, more than all, offences

against the Truck Act, which essentially embody matters of account. Why

not," said I, preparing for a burst of eloquence--"why not----"

"Overthrow at once the Seat of Justice, the Letter of the Law, and our

glorious constitution in Church and State!"

It was Mr. Ficker who spoke, and he had rushed frantically from the room

ere I could reply.

Having no one to argue the point further with, I made my bow to Mr

Nottit and retired also.

Recollections of a Policeman · 第 15 / 19 章