The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-02-03
The EngIlsh Co,sr,s and Mar.

DnOSOA
and Bar, from Harpers'. There is always an insSde
ard IN outside to all public institutions Of the kind,
and this little daguereotype gives very accurate
idea Of the judicial proceeding Of our English neigh
bors. There are some features of the English sys-
fem altogether better than our own. The admission
OF parties TO give testimony and the courtesy Of the
legal profession, and we have no doubt their legal
requirements, are clearly In advance upon our juris
/ pIIdence:--
Twice in the year the judges OF Westminster Hall
Issue from that ancient and august tribunal dis
fense justice to the people Of England In the Pro-
vinces. The counties are classified and arranged
into eight circuits. The work distributed among
the judges by mutual arrangement, seniority giving
certain privileges; and the division Of labor being
agreed Upon. paper Is then Published, assigning
the duties OF each, and appointing the periods for
/ their faihlment.
With the judges, or in their suite, go the lawyers
or bsrriseIs of Westminster Hall, for there Is no
provincial bar in England Attorneys and solicitors
abound Ia the counties and provincial towns; but the
hsristers. the advocates, or counsel. as we call
bar the barster selects luis circuit according as his
interest or inclination Dictates and 20 the courts
| Of that circuit he remains attached for the remain
der OF his professional life. One change is believe
| permitted, hut with that exception, the barrister
unless on some particular engagement or retainer
when he goes down special" doesnot quit his cir
cult The judges change constantly, but the lawyers
In tie days before the railways were known the
judges travelled in their own carriages and the bar
risters posted dowr. Now the dwelling rail car con-
yeys judge and counsel, juryman and witness to the
| cOmu on destination.
The judges are attended by their clerks and mar
thals Each Judge has one OF these officers. The
| clerk Of an English barrister is very important
] unctionary; he ar,anges his appointments, settles
ard collects his fees, receives and ushers in his
clients-in short, is something between an ad-de-
camp and misunderstanding. III can tell you,"
| said ny TREAD, Mr.. -, himself a leading harris
ter, lily clerk thinks he is good deal more Of
reisong &c than imagine that l am When the
barister becomes judge, the clerk retains the
same confidential position, while, Of course, his
duties vary. The marshal is different sort
OF char He is sort of page Of honor,
| generally young barrister special plelder
ltho gil not necessarily so(, who from conaec-
ton, friendship, or otherwise accompanies the
judge. for year or more on his circuits, to
believe their only Official functions are to
swear in the grand jury, and to prepare for the
judges an abstract of the peadngs, or nsi pyus re-
cords (Which word for the benefit Of my New York
brethren, is in England pronounced record as they
pronounce it in Virginia). They sit at the ends of
the judges dinner table when the county magis-
t,ares and the bar are invited. They make tea for
them They write notes to thank the noghboriug
| gentry for launches OF venison They are partcu-
larry kind and polite to American genteinen Sc
yerai OF those whom saw bore names il!ustroas in
the law, and shall not soon forget the pleasant day
which spent at Chatsworth with the Judges
marsbals."
The county, obliged to and lodging for the Judges
while OH the circuit. AT Derby these quarters are
permanent in bnildng attached to the Court House,
or County All; at Ipswich and Croydon found the
magistrates established in private dwelling houses,
which the owners had vacated for the purpose and
| venture to believe, fora consideration. Here
they install themselves, with retinue oil servants,
cooks, walters &c, and here at every assize town
they remain IN the secnson OF private house, I'M
broken except by the entertainment which they give
10 the bar and the country magistrates or by the nn.
frequent Eruption of vagrant American into their
| orbit.
The barrsters are differently disposed of; the no.
ton of the English system is that the barrister must
lie kept distinct and aloo from all the other nstru-
ments Of justice. He is understood to have no fa-
nilar assO siations with attorneys, and least OF all
with noItals still more profane. He is supposed
never to speak to a witness till the is heard
rever to lay eyes on him except in open court So
the barister is prohibited from taking up his
Where he might meet the y. he must have
private lodgings, which, however, are not provided
at the ~ 9 r s a y az every
Oh the circuit with their respective places of tempo
rary abode.
But barrsters must dine-English barristers will
dine together, and no private lodgings being sufi-
Gent Tor the purpose, the bar dimes every day
at six or seven o'clock, at the principal inn in uh,
town. OF this pleasant insttston more hereafter.
where the assizes are being held. The judges in
stalled in their lodgings, the barristers in
their private quarters and the profane rout of attor
neys, witnesses and jurymen crowding the coffee
rooms OF the various inns. From time to time the
echo of the bugles announces that the judges are
going to or from the court; and il, as at Croydon
the Court House is in the heart of the town. you will
sec the bairisters in fun wigs and gowns trotting
about the street and even entering the precincts Of
| the inns them elves.
Each circuit embraces several counties. On en-
terng each county the Judges are met and received
by the sheriff Of that county sometimes in lace rnf
fes ard brooches, sometimes in the uniform Of De,
putty Lord Lieutenant sometimes in plain black He
the sheriff brings with him his retiuue for JUS
ti,o ie hopc in EuOf 1xit all off
pararhelnalia, and outward observance This re-
tinue used to consist of the sheriff own tenantry
they were then wont 10 be endowed with certain sad
dies al brides for the purpose-and an old statute
declares, doubt to prevent any offensive display Of
feudal power, that no sheriff, these occasions,
i should turn out with more than twentyfour of his
vassals
But iempora D,afnntpr', the feudal power il on
the wane. Pomps and shows are dying out, and
saddles and brides cost money; so that now the
tenantry Of the sheriff superseded by band Of
pensioners, outside inrdiides as they would be
tern ed in France, who, in q Uniform of blue coat
ard pantalooDs scarlet vest nnd white cravat, aud
with ia, elins in their hands-such was the uniform
at Derby, elsewhere they wear different trapping5
esc 1T the judges to and from their lodgings wait
them TO and from the court, and preserve order in
. TIE tribunal.
! With the sheriff comes the sheriff chaplain; and
the first net OF tie performance, in each assize town,
is for the Judge to robe himself in the Off ial scarlet
and then attend service In the principal church Of
the place. was present at the opening ceremony
in All Saints church, in Derby, where many of
the great Cavendsh family repose, and heard
, q sermon preached for the benefit of the excel
lent Mr. Justice Colefdge on the words, "The
powers that be ordained of Cod" 1t appeared
to me double edged sort of n text, and to be
ceptible of O construction much less conservative
than the worthy and reverend gentleman gave to it,
From the church the judges go to the court and
enter on tteir duties. But must first describe an
English comt room, for nothing can be more differ.
ent in its aspect from ours. The three | saw
good deal alike. heard Mr. Justice Crosswel say,
n n uarV nIsaf fnna m 1upt afE potdNt
that the one there was the worst in the kingdom"
/ ON not sure that saw the best, but the one at
Ipswich was o new one. aud think there can be no
very great difference between them.
The bar is ranged round large square or oblong
table covered With green baize from this table the
seats rise amphtheatrewise on three sides. On the