The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1880-10-30 00:00:00

,tZ4loutbribce OLscoct.
-

SATURDAY. OCTOBER 30t1i, 1880.

TUE LEGAL YEAR.

A s dvent I, tbe beginning of the ecei.. Kick.
year, so is Micbaelatas Term as it used to b.,
crAled, altered intu Michaelmss Sittins by th
Judie:ture Act, the opening of the legal yen.
13,,th are in November, ti:e law•ers C ommencirg
w.uk on the 2od Of that month, •Abile th..
;ear of the Church epons on the 30h. Teere
however, one great and essenti,i diff •rence
b,:twcett ',he: two, The dots nut er,:it-
i's deers three months in the year, while the
Law Courts, with one or two exceptions, are
inaceessible to suitors from the 10th August to
V:e 2nd November. During this time a Vacation
Judge sits twice a week, or oftener if urg,nt
business denten& that he should do so ; hit
with this exc, rion the whole of the judici•.l
staff of the kingdom takes holiday. Twelve
weeks may well be described as a Long Vacation ;
and there is no itnteedb:te prospect of the
great legal holiday being broken up or curtaile.i.
The institutioniia difficult to dtfend, and must
udise a gont (1.-al of inconvenience ; but litigants
for a sinpll proportion of the g, ;0t0.,A public,
Ulla, the interests of the great body of the corn.
tnnity are not mat erial:3- affected. it is possible
that, the re:jot-ay of the might condemn an
la-rangetnent which closes one of the avenues to
ri,ing merit or indu,try. if business were
continued- through Sei tember and ()ember, it
would be itcpce-sible for Queen's Counsel in
'arge practice to continne st tlo-ir work ; and
their temporary absence weuld re obviously
Advantageous to their younger colltagues, who
would then have chances thrown in their way
which they seldom now old am.
Ther.‘ can be little doubt that the average
longevity of the Eegtish Bench refutes any
charge of exaotiog or expecting too much from
the physical or mental cobsti:ution of men who
•;houlti always lie sonnd in mind and body. It
Fins often been askt'd what there is iu the
practice and study of the law which conduces to
t.he long life of so many ornaments of the Bench.
Instance af. er instance might be quoted in
whbh a judge has tern at work at a time of life
after men in other professions have felt
their strength fsil and their powers fall into
.fre:.d. non. It has been suggested that the
,lianges of air and scene which are the aecessories
1,-f travelling on circuit have a great deal to do
with keerting a barri4er in health and prolong-
, mug his life. lie is 1) v.i long in ore place at /1
time. The fatigue of journeying long distance
is more than compent-ated for by the invigorat-
ing influences of the constant charge which he
toj-ye. There is no monotony with him, no
allowing the mind to dwell too long on any
particular theme until it becomes relaxed or
weakened. The laborious toil of the lawyer's
life is thus counterbalanced by the variety of
Scene presented to his mind. In this way are
his mental faculties braced up and strengthened
for his work. It is only a few weeks ago that the
Chief Baron of the Exchequer died at the age of
eighty-four—a period of life which represented
more than half a century of arduous and trying
labour.
By the lamented death of Lord Justice
Thi siger a vacancy is created in the Court of
Ap.al. The office of Lord Chief Baron is also
vacated by the death of Sir Fitzroy Kelly. The
Common lo‘w side of the High Court of Justice
cnoid in all matters of firg,.and, indeed, second
iostance, carry on its business 'sufficiently well
without a new Chief Baron. Indeed,the gradual
extinction of the Court of Exchequer or, as+ it is
• now termed, the .Excht quer Division of the High
Court of Justice, was one of the contingencies
di,tinctly contemplated by the Judicature Act,
and for which provision has been made. The
vacancy, howevtr, in the Court of Appeal wi-;
have to be i nro• diately filled rip, and the place of
Lord Justice Thesiger must be taken by a
lawyer of experience and eminence. The Court
of Appeal is one of the most important branches
of our whole system of legal administration. Its
members have not to lay down the law to a jury
in any particular case which may happen te
come before them. That is a matter of no
great difficulty. But the decisions of an
appellate Judge form text-books for the guidance
of the future ; and any weakness in such a
tribunal would be a national misfortune. It is
to the credit of the two great parties in the State
that the nominations to the Conrt of Appeal
have been made in a spirit fi•Jc. lium political .
bias and with a view solely to secure the
efficient administration of justice. Party services
have oft-n strong claims, but the interests of
the public are felt to heaven stronger than these.
A thousand years ago, when King Alfred,
formed the system of administration of justice,
which is the basis of that in force to-day, he
acted upon the principle that justice was the
common-law right of every subject of the King,
and that a wan shonld be afforded every facial

for obtaining it. He, thPrefore, dividod the
kingdom into c;renit,, witi,•ll were to e r veiled
by judges representing the kiug as the fountain
of justice, and taking justice itself to the people
instead of their having to make weary pilgrim
ages to London to seek it. A journey to Lon ion
in those days w a a very .iiff..rent toktr fro,
Wii •. is T lic kL;IeS 1.1.4ve
elapsed since Alfred's days testimony has 13( en
borne to his wisdom and sagacity. The principle
on which he acted is still the foundaticn of our
s 3 stem of judicature; and in a great commercial
community it is of vital importance that dis-
putes between litigants should be speedily
settled, and not allowed to run into arrears
through the judicial bench being under or in-
efficiently wanted. A revolut.ion iu the politic.l
wheel makes a great change very often in the
complexion of the ruliug body in the State ; but
it is highly creditable to both great parties that
as a rule the best men secure the best posts.