The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1876-11-11 00:00:00

JUDICIAL REFORMS.

Michaelmas Term once more finds our legal
tribunal at work, and the Courts both at West-
minster and Lincoln's Inn, fully engaged in
judicial business. Never yet probably did its
commencement witness greater changes wrought
by death and promotion in the ranks of the
common law judges. When the Long Vacation
commenced, each of the divisions had its full
strength, but during its curse each Court lost
two of its ablest members. In the Queen's
Bench Mr. Justice Blackburn was promoted to
the House of Lords, and Mr. Justice Quain
died ; in the Common Pleas Mr. Justice Brett
wa3 pr( mitecl to.the Common Appeal, and Mr.
Justice Archibald died ; and in the Exchequer
Barons Bramwell and Amphlett wcre removed
to the Court of Appeal. Here, then, were six
vacancies to be filled an unprecedented
number to ariso at once, and coming so suddenly,
have called forth the nianifestation of the ut-
most care on the part of the Lord Chancellor,
in order to fill well one worthily such high and
distinguished officers. It is no easy matter to
supply and such pli:o as that left vacant by the
translation of a judge like Mr. Justice Blackburn
whose sound ldw and rare acumen have been
known In Westminster Hall for more than a
generation, and the difficulty of effectually recruit-
ing the ranks of our jl;dicial stall is immensely
increased when so ninny places have to be filled
at once froth the 3alks of the bar.

_
There is a well-known theory that justice
should move with certain and unfaltering steps,
and that it is the right of the subject of a civil-
ized irate to be able to obtain a redress of his
grievance 4 without undue delay. This was the
original idea upon which the establishment of
asi:z-!s was foundtd ; the King's people were not
to 1),.. compelled to come to the footstool of tiie
s.
X!..)ren.3 for justle,.; hit it was to be curried to
them by tho represemaLivs,
tile judge;

into their very midst, so that they 'might he en-
abled to obtain it without unnecessary expense,
trouble or delay. Such was the bases upon
which King Alfred divided
.his kingdom of Eng-
land into six circuits ; and, after the lapse of a
thousand years we find the naa of that wise and
sagacious monarch practically still carried out.
Twice a year, or in populous centres three times,
the judges issue forth from London, and, armed
with her Majesty's commission, journey to the
east, to the west, to the north, and to the south,
delivering the gaols and disposing of civil causes.
But of late years it has been seen that this
machinery, efficient enough in the time of King
Alfred, is scarcely auitable to times like the pre-
sent, when everything depends upon expedition
and despatch. Only in the last Session of Par-
liament some ugly facts were stated, showing
that in more than one instance prisoners had to
lie in gaol for eight months awaiting trial, namely
from July to March. This was ED opposed to
the popular theory of a rapid and efficient ad-
ministration of justice, that an Act was passed
providing for the difficulty, so far at least as the
Home Counties were concerned, but the majority
of English shires are left in just the same posi-
tion as before.

It has become increasingly clear that the assize
principle is no linger so applicable as it once
was to such vast centres of population as Liver-
pool, Manchester, Birmingham, and Leeds, not
so much as affecting the trials of prisoners, be-
cause each of these great boroughs has its
Recorder's Court, possessing extensive powers
for the disposal of criminal offences. But it is
the system of disposing of civil causes which
imperatively calls for Reform. As the wealth
of the country has increased, litigation has grown
enormously, and while Recorder's courts have
been called into existence for the purpose of
dealing with large numbers of offenders who
would otherwise have gone to the assizes for
trial, no 'tribunals have been established for dis-
posing of civil business as it arises, and
before it is allowed to aceurnmulate into an
unmanageable mass. Cases involving gre it
ieterests are entered for trial at Liverpool or
Manchester, and after waiting for munths, are
made rerriane.ts at the end of the assizes, simply
because there is no time to 'try them. The
suitors who hoped to have the benefit of the
experience of one of her Majesty's judges, and
to obtain the opinion of a jury, then find that
they have to wait several months longer, or
adopt the unsatisfactory expedient of a reference
to arbitration. A merchant or a shipowner
ought to have justice as speedily as a man who
prosecutes a thief for stealing a watch, bat under
the present system he often finds it impossible
to do so. !he Law courts opened at Westmin-
ster on the 2ml inst, with arrears to the numbcr
of 300 cases. All these had been entered for
trial before the courts rose for the Long Vacation
and would have to be disposed of before one of
the new cases could be touched. A large pro-
portion of them had been brought up from the
country, where there was no time to try them ;
and, on coming to Loudon, they found the law
courts in the capital telling the same story. For
years the best of our jurists have been advocat-
ing the establishment of permanent tribunals of
commence in our great centres of industry,
which could deal expeditiously with civil litiga-
tion as it arises; and neither the Judicature Act
of 1873 nor the Appellate Jurisdiction Act of
last session can effectually meet the want caused
by the absence of such tribuanls.