The Sun.
London, England, 1850-04-11 00:00:00

Oberning :ant

LONDON, THURSDAY, APRIL 11, 1850.

The clear and unequivocal expression of public
opinion in favour of legal reform has been well
responded to in the popular branch of the Legislature.
Conclusive evidence has been afforded that the
Augean stables of the law must be thoroughly
cleansed, and cheap and expeditious justice placed
within the reach of every British subject who may
feel himself injured or aggrieved in any respeet, and
who may desire to appeal to the tribunals
of his country for redress. There is a
strong and general feeling that questions
should be decided on their real merits, that parties
whose claims are just and equitable should not be
defeated, and subjected to enormous costs, because
his pleader had committed some technical error, or
fallen into the snare spread for him by an
acute and wily antagonist. Neither should
a wealthy and unscrupulous defendant be ena-
bled to procrastinate and retard proceedings
until the person whom he had injured sunk under
the anguish of hope deferred, and abandoned the suit
in despair, believing that it was better to submit
to the first loss, and not to continue " throwing good
money after bad" in a vain effort to retrieve his
position.

Such was the state of the law a few years since,
that many persons submitted to the most fraudulent
and dishonest conduct rather than appear in court
to assert or defend their rights. Well-founded
claims were relinquished in some instances,
and unconscientious and untenable demands
liquidated in others, through a very natural
dislike and terror of litigation in the superior
courts. The evil at length reached to such a
pitch, and the demand for relief was so loud and
general that something should be done, that Minis-
ters could no longer exhibit a listless apathy and
insouciance ; various statutes were enacted, which were
subsequently altered, until the Act 9 and 10 Vic-
toria, chap. 95, or, as it is commonly styled—the
County Courts Act—received the Legislative
sanction. That Act, together with the
rules of practice framed by the Lord Chief
Baron and four of his judicial brethren, and the
Orders in Council, constituted a complete code for the
easy recovery of small debts and demands not ex-
ceeding 201. Professional gentlemen undoubtedly
entertained grave doubts as to the working of the
measure. To many the very cobwebs that had
accumulated throughout successive ages were
respectable, and it was perfectly incomprehen-
sible how any proceedings could be carried on
save in accordance with the ancient system,
where after "declaration," "plea," "replication,"
" rejoinder," " surrejoinder," " rebutter," and " sur-
rebutter," the parties at length found that an issue
was knit wholly apart from the real merits of the
case, or perhaps there was a " joinder in demurrer,"
and the suit was determined solely on technical
grounds, the " pleaders" being the champions pitted
against each other in the forensic contest, and their
unfortunate clients finding, too late, that their entire
prospects in life were dependent on the result of the com-
bat between the intellectual gladiators. The admirers
of the system, however, regarded every species of in-
novation with profound horror; they could no
more believe it possible that questions should be ad-
judieated on upon plain, simple, and intelligible
grounds, than the sailor described in " Tom
Cringle's Log" could conceive that a judge could
condemn men to death seriously without beingattired
in whig and gown, and black cap, and the other pa-
raphenalia of office, to which his eye had become ac-
customed. These sticklers for ancient forms ac-
cordingly shook their sagacious heads, and with
profound solemnity prophesied the entire failure of
the vast experiment.
It was, however, tried, despite their gloomy vatici-
nations, and succeeded au merveille. It is true that
it was not rendered perfect all at once, and that there
were points in which it required, and still requires,
alteration and amendment ; but, on the whole, it
worked well, and the public beheld with satisfaction
that a step had been taken in the right direction.
The jurisdiction of the judges was extended in cer-
tain respects, and all cases of insolvency except those
occurring in London and its vicinity—within
twenty miles of the General Post-office—were trans-
ferred to the County Courts. Even small legacies
might be recovered therein, without a bill being filed
in Chancery for the " administration of assets;" and
it is further intended by the Government to place the
administration of charitable bequests, where the funds
do not exceed 301. per annum, in the same hands.

When so much confidence was thus exhibited in
he Learned Gentlemen selected, and when so
much satisfaction was felt at the mode in
which their important duties were generally
discharged, it was considered desirable that
the advantages of the system should be extended
from 201. to 50/. in cases of debt, and from 61. to 201.
in cases of tort or slander. If the former principle
had proved beneficial to the trading and commercial
community, there could be no adequate reason assigned
Why it should be unduly restricted in its operation.
The man who was competent to decide on questions
to the amount of 201. must surely be qualified to de-
termine matters to the extent Of .50/. or even 1001.,
where the very same rules and principles were involved.
The subject was, therefore, pressed on the attention
of Ministers, and they were called upon by many
independent Members to introduce a measure on the
subject. This was, however, peremptorily refused,
and not only did they decline doing anything them-
selves, but they declared their intention of opposing
any Bill that might be brought forward. A measure
was, however, framed, notwithstanding the hos-
tility of the Government and of the first
law officer of the Crown, and the second
reading was yesterday moved in the House of
Commons. All the power of Ministers was exerted
to check its progress. Her MAJESTY'S principal
Secretary of State for the Home Department moved
an amendment, " that the Bill be read a second time
that day six months." The Attorney-General argued
against it with an energy equal to any which he could
have exhibited had he received a special retainer with
a " really handsome" fee. But vain was the re-
sistance, futile the efforts of the Minis-
terial whipper-in the sense of the country
was opposed to the antiquated prejudices
of the Cabinet, and Ministers sustained a decisive and
inglorious defeat. The second reading was carried
by a clear and overwhelming majority-144 of the
representatives of the people voted in accordance with
the wishes of their constituencies, while only 67
could be induced to walk into the same lobby with
the Liberal (I) Ministry. Surely a failure so une-
quivocal—the second actually sustained within three
days, in addition to the virtual triumph
gained by Lord Duricsar on the window-
duties— should convince the members of the Govern-
ment of the imperative necessity of legislating in ac-
cordance with the spirit of the age, and abandoning
the laisser faire policy, that is so distasteful to the
How can they now oppose the further pro-
gresspepe.
lo f the measure ? Let the Attorney-General, in
place of raising captious objections, apply himself
earnestly to remove the defects to which he
alluded. He spoke truly of the great security
afforded by the constant and diligent atten-
dance of a regul, tr bar ; that attendance will
unquestionably be given if reasonable inducements be
held out, and the otl: er great check on any careless or
negligent administi..at ion of justice, "publicity by
means of
heartily congratulate the public on the result, and
the press,'" will also be attained. We
we emphatically cautioi a Lord JOHN RUSSELL and his
associates of the necesi ity of greater activity in the
discharge of their imp ortant duties. Since the recess
they have received, -three impressive warnings. If