The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1883-02-15
Legal Practices in England.
Irom a london Letter.

Lawyers in England are either counsel
or solicitors. Counsel were originally of
two classes-sergeants and barristers
but since the Act Of 73 scrgcants, as a
class, have ceased to have any meaning,
and arc virtually abolished. Before then
all Judges had first to be made sergcants,
but now it is never done. Sergeant Ball
antine is the last remaining sergeant mot II
iudge) in England A barrister j. call
ed TO the bar in England Ia term equiv
alent to being admitted in America.
The privilege Of calling persons To the
bar is exclusively held by four ancient
sOcieties-that is, the inner and middle
temple, and Lincoln's and Grays Inns,
which now act as 4 corporation. Until
recently law student had only 10 pay
some fees, and eat II certain number Of
dinners in the 'hall" Of one Of these So
cieties, to cntitle him to br called To the
bar; hut with the exception Of members
Of the universities, students have To un-
dcrgo Il preliminary cxaminanntion in
general knowledge before they are ad
mittcd students, and all must pass nn cx-
animation in law before they are granted
the degree Of bnrriater ntinw, which,
besides giving them the right to practice
in all English Courts. c0nicrs upon them
the title Of esquire.
Bnrris,crs only have audience in high
courts Of justice aud appeal. Whcn the
judges 'gO circuit" they are therefore
accompanied by barristcrs who conduct
the cases tried before the different aasizes,
there being no bar except i'll London,
and consequently no barristcrs resident
rs such, in any Of the assizc towns. Bar.
ristcrs Of eminence and some years
4 ,JVlt, " -
counsel, by patent from the crown.
While a great honor, being made & &.
rathcrs hampers Il man in some respects.
For instance, he cannot, as u general rule,
appear without Junior" for plaintiff,
though he may for II defendant; nor can
he accept brief to defend a prisoner
without licens from the crown, for which
the prisoner has TO pay fee. Formerly,
attorneys were distinguished from sollci.
tors in chanccry and pructors in admiral
ty. Now all distinctions are abolished !;
procl0rs, attorneys, AMI all, are called
solicitors of the supreme court, with
right to practice in any court alter hclng
admitted 10y the incorporated law society.
Solicitors are only allowed audience III
inferior tribunals, sucl, III county courts.
Judges and barriscrs wear wigs and
gowns in court. Judges have two sorts
ofwig a full bottomed wig viz one that
hangs down on ench side of the face-
and an ordinary wig, to cover the head
only. The former is worn on state oc-
casions, Mt the opening Of the term, when
the Assizcs are held, &c. the ordinary
wig Mt nisi prins. a scarlet gown trim
med with erminc is worn by the Judges
when they st in criminal cases. and a
black silk gown in civil cases. Queen 4
counsel on extra occasions, or when ap-
pearing mt the bar of the House of Lord u.
wear full .bottomcd wig; At other times
the ordinary bar" wig, AZ it is called.
The later is n small wig, fitting lightly on
the top of the head, with two little curls
or knots, called tails" pendant from the
back The wigs OF Judges and barristers
are made Of gray curled horSehair. a
sergcant's wig is a bar wig with n black
patch on the crown. The attorneys and
solicitor general are both q. C.'s and
wear wigs of that grade. Queens coun-
sel wear silk gowns; ordinnry barristers
''stuh" gowns. When q barrister is made
n q. c., he is therefore, said to take
silk" Barristers also wear white CAM
brio bands" nt the throat, and when u
q. g. is in mourning he has white CAM
brio "weepcrs" round his wrists.
The term devil" is applied to u harris
ter who does another bnrriSter's work for
him. Every barrister of large practice
has g "i!Gvi" To act for him in his alb
sence. At the common.nw bar the
devil" docs not share the fec, but at the
equity bar he does. The attorney gencr-
aPs devil" invariably becomes judge.
There are two judges now on the bench
Justices Harmon and Bowen, who have
filled this position.
All the judges Of tho high court of
Justice are addressed in court, my lord,"
and your worship" The vice chancel.
lors and county court judges nre address
ed, "your worship." In private life
They are never called Judge So. and 30"
off the bench hut 'Sr Thomas 40 and.
80, or "Mr." Nor are tho attorneys or
solicitor. general ever called general 30.
and-so.
The higher judicial officers are invnri.
ably knighted, and frequently elevated
to the pcernge. The judges are indcpcn-
dent Of royal pleasure, and are appointed
for life {; Oh retirement, after service of
fifteen years, they receive n pension Of
$4,000 per annum. When an action is
to be brought or defended, client lays
his claim or defence before q solicitor,
who acts for the client until the case il
ripe for trial. At that point the solicitor
makes up q statement of all the facts
constituting the claim or defence, togeth.
cr with the names Of the witnesses, and
what each is expected to prove. This is
called the "brief." The solicitor then
selects Queens counsel generally to
conduct the trial of the case, and ono or
more ordinary barristers to assist, giving
each brief, upon which is marked the
fee each is to have. The q. G. il called
the leader in the case, though an ordina.
ry barrister in All unimportnnt case may
be leader. The old common law dec
laration" is now called the Statement of
claim" and the plea the defence"
Special pleading, in all its ramfcations
and technicalities, Is therefore somew what
abridged.
Terms Of court are now called ''sit-
tings." There are four of them namely,
Hilary, Easter, Trinity and Michaelmas.
Barristers' offices are called chambers,
and are for the most part situated in the
different buildings which en- masse com.
pose the Temple" The names of bar.
risters on the doors Of their chambers,
and at the entrance Of the building, are
always preceded by "Mr." Solicitors
wear gowns aud bands (but no wigs)
when practicing in the county courts,
where they have audience. Lincoln's
Inn Fields is q locality almost exclusive
ly devoted to solicitors offices, though
their places of business are not strictly