The Sun.
London, England, 1833-01-23 00:00:00

SPIRIT OF THE PUBLIC JOURNALS

_ .
We learn from an authentic statement that
there were left as remonets in the different Law
Courts at the close of the last sittings, no less a
number than nearly nine • hundred causes,
viz., in the King's Bench 700, in the Common
Pleas 100, and in the Exchequer 70. Though
this enormous arrear in the first of these Courts
cannot be the fault of the new Chief Justice,
and po'ssibly not of the last, it affords an astound-
ing instance of the law's delay, and operates, to
a considerable extent, as an actual denial of jus-
tice. Indeed, so strongly is the inconvenience
felt, by mercantile men especially, that many, to
whom it is of the last importance to have their
rights decided by the highest tribunal, are corn
pelted to abstain altogether from seeking redress,
on the sole around of the impossibility of seeing
any reasonable prospect of having their cases
decided. Besides which, it can scarcely, fail
to he remarked, that this evil works a double
wrong ; for while the law's delay is to the ho-
nest man a source of ruin and vexation, there
are but too many to whose dishonest propensities
it holds out an inducement of which they are
but too ready to avail themselves. Without in-
quirina into the sources of this evil—a great part
of which it would not be difficult to fathom or
unravel—we would apply ourselves to the re-
medy, which we do not conceive is very difficult
either. That remedy is, that the Courts should
sit unceasingly at Nisi Prins till the whole o
the causes in this enormous arrear, as well as
those since set down for hearing, are disposed
of. This, we are aware, is not compatible with
the present arrangements of the three Chiefs
going the circuit. This might for once be dis-
pensed with, and three Sergeants he appointed
(as has been heretofore the case) to officiate
in their stead. From the 31st instant, to the
12th of April, a period of eleven weeks, or sixty-
six working days, the three Chief Justices might
be wholly employed in this manner, trying the-
whole of the causes indiscriminately ; that is,
when the Chiefs of the Common Pleas and Ex
chequer have got through their own lists, let
them take portions of the King's Bench list, till
the whole is got through and disposed of. It
there be any technical objection to their so
doing, Parliament, which will be sitting, and
whose duty it is to aid in the removal of al;
grievances, might readily pass a short Act to
authenticate the proceeding. But we shall be
told, perhaps, that the arrangement we suggest
would be impracticable, because the Counsel to
be employed in most of the causes will be absent
on the circuits at any rate. This, we should
say, is arguing from the very abuse itself.
Part of the evil we complain of arises from
the absurd habit of limiting the practice
at the Bar to such few hands. Overloaded
as the Bar, like every other profession, now
is, there must be very many persons competent
to the task, but who have no opportunities of
distinguishing themselves on account of the ab
surd monopoly of business which is allowed to
prevail in all the Courts. At any rate, such a
monopoly ought not fora moment to be allowed
to stand in the way of the removal of so great
a public evil as the denial of justice to the
King's subjects. if Counsel expected to be
employed in these causes must go to the circuit,
let others be instructed in their room; or, if the
town practice is more important or profitable
than that which is likely to occur on the cir-
cuits, let them for once leave an opening there
for others. In short, the whole thing is both
practicable and just ; more than that, it is im-
perative. If necessary, we trust Parliament
will interfere to see it done; though the coun-
try, we are convinced, would be much bates
pleased to see the remedy a voluntary one than
the result of any interference whatever.—Morn