, 1881-06-05

+
sit, S2.53.
| Taking 1900 cases as the number for f1va
months, the total number Of cases for Il yea
would be somewhere about 2l,6oo. and thest
at the average costs stated in each clas:
would give the following refal!s; 81 5; ,,x>, c..,~
| Reptevin ut S.. 2,lG0 $ 8,64t
;s:sSs.iI fo:S;s!s 3s;9'e$:s I: i *::: St$S S ;;
Total: aIcoo T5to
Total costs and fees. SIG ,74t
| The Jurisdiction of Justices does not eN
ceed Sums of $500, and only Il small p1opor.
ton OF the cases equal one-ha!f that sum, but
| the legal profession furnishes practitioners
whose abilities are at the service of clients
even i'll cases Of the smallest proportions. A
few days ago Il member of the Bar visited
the Jail and took fee Of 50 cents from a
crazy man (all he llad) to defend him from a
charge OF lunacy. So there are counsel to be
! had i'll all these Justice Courts willing to
accept any sum that the clients may offer; in
fact, much Of the litigation is due to the inl-
! pUrtunitieS Of these creatures. LII many of
| the cases there is ITO counsel employed, but
| where one is employed on one side the ol>-
! posing party rarely fails to purchase the
same luxury It Is perhaps safe to assume
that al average of 81 for each case,
Or s. OIL each side, is expended for
so-calletl lawyers fees, making an aggregate
of no less than Sl20,C00 paid to the lawyers
in the Justices Courts.
We have not attempted to include any OF
the fees, costs, or expenditures in cases be-
yond the trial. We have not included the
jury fees, nor the costs attending execution,
levy, seizure, and sale Of property. We have
only aimed at giving an idea Of the money
wasted-practically thrown away-in the
pursuit Of justice in petty controversies i'll
the tribunals known, but sadly miscalled.
'tThe Poor Mans Courts" This estimate
does not include any loss from the waste of
Time by the parties and BY their friends. In
2l,60O cases there may be safely estimated
$1,000 persons who are plaintiffs or defend
ants, and it may be also added that there is
an average Of four persons to each case,
either us friend or witness, and that all these
persons attend OH all average two days each,
making IN aggregate wastage of time by paf-
ties, friends, and witnesses equal to 25S,SOO
days. This is one of tic most costly of all
the incidents Of petty litigation.
The sums i'll controversy are generally
small, ranging from 50 to 500, but the mass
Of cases are for SUMS less than 500, and ll,-
deed for less than $50 These suits are dis
posed Of in three modes: By dismissal, BY
Judgment for one-third or onc-half the
amount claimed, and by Judgment for the
full sum. LII great many cases little or no
defense is made before tile Justice, but an
appeal is taken and the cases tried before
one Of the Courts. We suppose that the
amount claimed In the 81 600 cases will not
average more than $50 i'll each case, or a ]
total OF Sl,0s0,D00; for Which judgments are
obtained for about 10 per cent, or $40, 600.
How much is ever collected from these
judgments is another thing. The costs Of |
collecting these petty judgments by exeeu~
ton upon the personal property Of THE de- !
tendants Is another branch Of the subject, |
including. not necessarily, but in fact, some |
OF the most infamous and scandalous abuses |
practlced under the forms of law. This, |
however, is sp'nething beyond the purpose Of |
this article, which Is to slow tile immense |
waste Of money and Of time (Which to the
litisants generally represents money In this
litigation bcfUre Justices Of the Peace Tie
actuai percentage of cash collected under |
these judgments from the defendants is con-
less than their face, and tile proper
lion Of money collected by the Constables and
received by the plaintiffs will show still
further reduction.
If any person will compute the money3ex-
pended by litigants for fees and costs, wit
hess fees, jurors' fees, attorneys fees, and
compute the yalne of the time of plaintiffs
lntl defendants and friends and sympathizers
ost and wasted in attendance at these trials,
ie will have no difficulty in reaching the
that the cost Of reaching and ot,-
aiming judgments in the .sPoor Mans
courts" equals, if it does not exceed, tile
um of money ever obtained under the litiga-
ion thus begun and carried on. There are
Vt course exceptions, but we refer to the
Whole mass Of such litigation and have no
loubt that, taking the civil dockets Of the
justices for one year, 1t will be found that for
very dollar recovered. there has been from
me dollar to two dollars actual money or its
aluc in time wasted. sd qpandered, and lost
Oreyer.
Where does this money .go2 In the first
lace, the Justices receive large sum; these
Ulcers nre fair and honest men, but they re-
etVe large share Of the EXPENSES of litiga-