, 1874-01-15
LAW-REFQHM.

| since our recent article OH "Tho Commercial
Advantages Of Law-noforn,," particularly in tho
mntter Of tho process by which suits aro begun,
wo hnyo received tho american La,o-Ieuic,o for
january, containing III article on "Tho su-
prone Court Of Juiicaturc Act of 1878, ~ recently
adopted IN England. This net, tho most com
prohcnRive over enacted anywhere In tho inter-
ests Of Law-1soforn1, goos into full operation in
| November Of tho present yoar. Tho germs Of
such nm ennctmont were, doubtless, laid in the
effective agitation begun by Lord Brougham
Sion, solicited by 1Ir. Gladstone's Government,
and composed of tho most eminent lawyors and
Judges Of Great Britain, including members Of
NIL the Superior Courts of Law aud Equity of
England, reported that tho double syeton Of
judicaturo in which con,mon-law remedies
should bo administered in cortan courts as the
Queens Bench and Common plcas ind refused
IN others. as Chancory and Admiralty md pice
versa. was productive Of noedlcsa confusion
and injustice, which OWL could bost bo sur
mounted by blending all tho superior courts into
ono court, whoso Judges should each, upou
proper occasion, exercise any jurisdiction hero
toforo confdod to tho others. Three years
aftorwarl, Lord Chancellor Hathorloy introduced
a bill having this object in viow; which was or
posed and withdrawn. Tho present Chancellor,
Lord Bolborne, took office under pledge to pro-
pose such 4 measure, which, after fill but
nearly harmonious discussion by tho Parliament,
Bonch, Bar, md press OF Euglunl, has boon
adopted and is now tho law.
1t makes tho consolidated Supreme Court of
Judicaturc to consist OF five divisions. to which
assigned tho.nannos and tho Judges formerly
constituting tho District Courts. There is n
Common Pleas division, 4 Kings Bonch d.
vision, an Exchoquor division, Chancery
division, and fifth division having cognizauco
OF divorce and matrimonial causes, probate of
wills and admiralty casos, in all Of which thoro
have heretofore been certain modes Of PRACTICE
borrowed from the civil or Ronan law. Tho
entire Court will consist Of twenty-ono Judges,
each of which may ait in l,is own or any other
division at pleasuro, and each OF which may
grant any form Of roliof to which tho facts, Oh
thoy arise. upon the trial, may entitlo
tho litigant parties, whether legal oquita-
plo, or in rom, or may sond tllo
case into that division Of tho Court whose Judges
may be most familiar with tho class Of cases to |
Which 1t belongs, or may summon before him |
any third parties against whom either Of tho par
tics to tho suit may llaye romody over, arising
out Of tho aamo facts. Thus, ii suit bo
brought by tue conBignor of merchandise against
the consignco for goods sold, and lost or burned
III the hands Of the carrier OH thoir way tic con-
Bignor may summon the consignoo, md the lat
ter may summon the carrier who is responsible
to him, and tho carrior tho insurer, and tho in
aurer, II necessary, tho roinHuror, and tho
Court will ronlor one judgment or eoyoral,
as 1t thinks necessary, to determine the
rights Of all. Doubtloss 1t requires good law
yers to administer Justice undor 10 liberal rog-
ulationa, but this general Bystom Ia devised by
Tho very judges who aro to administer it. TIC
fact that tho twenty-five Judgos Of tho Superior
Courts Of law-Equity, Probate, Divorce, aud
Admiralty-in England have disposed annually
IT all tho ltigatel business Of twonty-throo mill-
ions Of people, excopt the potty CAUSES, suf-
lciontIy proyoa that they know whnt they arc
.bout. In America, tho casea in Courts OF Rec
'rd Of like population require tho services Of
Judges WHO would number by hundreds.
OF courao, all distinction bet,7oen forma NJ
lotions is abolished. The Court Is to prescribe
y rulo tho form Of tho summons, so that
whether 1t ia to issue from tho Court or tho
'ttorney, or Ia to 10 served by an ollcor or D
private party, or Ia to bo roturnablo In giyon
'umbor OF days or on day stated IL not yel
nnouncod. But tho d,atinotion botwoou
terms" and vacations IL nbolishetl and all
(elsy to tho plaintir In waiting for u
'tsFu" to come around ia ramoyasl, BY a pso-