The Sun.
London, England, 1852-02-11 00:00:00

In the "good old times" the suitor was met at every
stage of his progress by the most vexatious demand'.
It is true that each might be of comparatively small
amount, but they were repeated usque ad nauseam,
and under the most frivolous pretexts, and they
afforded the greatest opportunities for fraud, either by
inducing the officers, who were to appropriate the
produce to their own private advantage, to interpose
delays and multiply vain and unnecessary forms in
order to increase their own profits, or, if bound to
account therefor to a general fund, to make untrue
returns, with the most perfect certainty that their
falsehoods could not be detected, there being no ade-
quate check.

On every ground, then, of justice and expediency,
the •ile system should be totally and unconditionally
abolished; the nation should strive to free itself from
the disgrace to which it has been subjected for so many
successive ages. It should no longer appear as if the
nation was oiling justice. In return for various lia-
bilities assumed by every subject, who is bound to
contribute his proportion of the national expenditure
for the liquidation of the public liabilities and the
maintenance of the public establishments, he is sup-
posed to receive full protection for person and pro-
perty. If, however, his rights are unjustly withheld
or his property assailed, he can neither seek restitution
or defend his possession without being mulcted of
enormous sums ; many toll-bars are erected on the
way, through which none can travel without satisfying
the exorbitant demands of the keepers—demands that,
in many instances, operate as a practical denial of jus-
tice, and which materially retard, if they do not alto-
gether prevent, the adoption of those beneficial altera-
tions which would diminish the expenditure—suffi-
ciently onerous under the most favourable terms—by
the abolition of many useless forms and many unne
cessary proceedings.

Legal reformers have long deplored this vicious and
indefensible system. Lords CAMPBELL and BROUG-
HAM have at all times denounced the monster
grievance, and endeavoured to provide an adequate
remedy, and they are still ready to lend their assist-
ance to its abrogation. The late Lord LANGDALE,
too, spoke out clearly and distinctly. In the evidence
of that lamented nobleman before the Select Com-
mittee of the House of Commons, we find the follow-
ing passage, which places the matter in its true
light :—" I have long bee❑ of opinion that the courts
and offices of law, so far as they depend on the orga-
nization, establishment, and management of officers,
ought to be treated like every other important de-
partment of Government, and be paid by, and kept
under the superintendence and control of Govern-
ment. The establishment is maintained for the
benefit not only of the particular persons who require
remedies for the wrongs they have endured, but also
for the common benefit and security of all who live
under the protection of the law. . . I should be
very glad if the House of Commons could be pre-
vailed upon to consent to it, but I fear the more gene-
ral opinion now prevailing is, that it is useful to
make litigation expensive."

Now the present Bill does not strike at the root of
the vicious system. There is some charm about
what are termed "vested interests" that induces per-
sons in authority to treat them, however unjustifi-
able, with the utmost leniency. Fees are not to be
altogether abolished, many will still be retained, but
others will be struck off, and some sinecure and un-
necessary offices got rid of, so that there will be
savings effected to the extent of about 80,000/. per
annum, or, in other words, the Suitors Fee Fund, which
heretofore produced about 180,0001. per annum, will
be reduced to about 100,0001. Some estimate of the
vexatious character of these proceedings may be
formed when we have it on the authority of the
SOLICITOR-GENERAL that the number of payments by
which this large sum was collected were no less than
330,000. We may, therefore, safely assume that
there were 330,000 six-and-eightpences added
to the amount, or 110,0001. sterling charged for at-
tendances to make these petty disbursements. This
would make the sums extracted from the suitors
amount to no less than 290,0001. sterling per annum;
and yet, although the solicitors receive so large a
per-tentage, we venture to say that, if the body were
canvassed, a large majority would be found in favour
of the abolition of the fee system. The ►SOLICITOR-
GENERAL referred to one cause which afforded a fit-
ting illustration of the system. The fees in that case
amounted to 298/., collected by 392 different pay-
ments. There were 90 officers in receipt of these
fees, 90 persons to be applied to in paying them, and
50 of the number did not account for them on affi-
davit, the fees being received by one person, and the
affidavit made by his superior ojicer, wh• only stated
that he "believed" the account to be correct!! The
" credulity" of the party swearing might be very
great ; and as there would be no mode of punishing
a mistake, we cannot conceive that the most efficient
mode is adopted of protecting the public from frauds
of a very grave description, and to a very serious
amount.

The most valuable feature of the Bill is that the
officers are henceforward to be paid by salaries—the
charge upon suitors still retained collected by stamps,
so that there will be no opening for fraud ; and not
subjecting the parties to the necessity of applying at
so many different offices. The urgent recommenda-
tion of the Committee in this respect is thus to be
carried into execution. We regret that a substitute
in any shape is to be imposed—that the sound prin-
ciple enunciated by the SOLICITOR-GENERAL, that it is
not right "to tax the suitors with the maintenance
of the Court—to oblige those who had the misfortune
to be involved in litigation to maintain the judicial
system," is not to be fully carried out. There will
be a considerable surplus in the hands of the CHAN-
CELLOR of the EXCHEQUER this year, and we really do
not know of any application of a portion thereof that
would be more beneficial to the nation. We trust,
then, that some Financial Reformer will, during the
progress of the measure, take the opinion of the
House on the expediency of providing for all the
expenses of the Court from the Consolidated Fund,
and thus freeing the road to the Temple of TEEMS
from the many disgraceful impediments that have
heretofore obstructed the way.
The necessity of taking office copies is also to be
done away with, by which a saving of 28,0001. per
annum will be effected—a system which, in the lan-
guage of the Honourable and Learned Gentleman,
" led to the unnecessary_ multiplication of copies," and
to the payment of "dispatch money." The salaries
of the Lord Chanceltor, Lords Justices, and two
Vice-Chancellors, amounting also to 28,0001. per
annum, are to be transferred from the " Suitors' Fund"
to the Consolidated Fund, and many useless officers
are to be abolished, while others are to be materially
reduced in emolument. On the whole, although, as
we have already stated, the Bill does not go to the
full extent of our wishes, it cannot be denied that it
will effect a vast improvement on the existing system ;
and as it lets in the sharp end of the wedge, we hope
and believe that it will but prove the forerunner of
other and more extensive measures of real reform.