Year: 1873


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REFORM IN ENGLISH JUDICATURE.
It is very well established that the interests
of society in normal state require that
Justice shall be meted out to litigants as
| swiftly as is compatible with impartiality and
regard for settled legal principles. Next to
righteous laws is the necessity for a
| simplifcatiOn of the method Of pro-
cedure. That monument of wisdom which
serves for O judiciary system in England,
and which is based on a tradition Of
| ages with such extensions as have been re-
| ouired to prevent the entire failure of it's pur-
| pose, is proverbial for its complicated nature
| and tardy action. Under such system, where
| O person entitled to redress of certain grlev-
ances is deferred from seeking remedy at
law by the vast expenditure of time aud labor
which ia inseparable from the course of pro-
| cedure, as much injustice is done him as II
the law denied him any remedy whatever.
| 1t is one of the merits of the British Premier
| that he has grappled courageously with some
most difficult problems where reform was
generally admitted to be essential, but where
their intricacy was calculated to deter any
statesman less fearless than he from attempt
ing their solution. Among these was the
judiciary system, which, for several years
past, has been condemned by English lawyers
and publicists, but for which, until the pres
ent session of Parliament, no adequate
measure of reform had been proposed
with even possibility of success.
The progress of the Judicature bill,
which was introduced into the House of
Lords simultaneously with the introduction
into the House of Commons of the un-
fortunate Irish University bill, presents an
interesting evidence of the rapidity with
which body of legislators, having accus-
toned themselves to the idea of reform, may
be willing to enlarge and extend its opera
ton. The original bill, which was prepared
| by the Lord Chancellor, was very elaborate.
| It's principal features were three-fold: The
useless distinction between law and equity,
which is utterly unknown in the Jurisprudence
of almost all other nations, was virtually to
be abolished; the numerous courts of higher
grade, and which had coordinate or special
jurisdiction, were to be merged into High
Court of Justice; and there was to be a
supreme court Of judicature or Court Of Ap-
peals.


These provisions of the Government bill,
with some of the minor details, were of o
radical character and greatly calculated to
facilitate proceedings TN civil actions. They
were leisurely discussed by the House of
| Lords and somewhat improved. 1t was when
| the bill was laid before the House of Com
| mons O few weeks ago that unexpected am


plifcation was given to the reform. Among
the anomalies which are presented in Great
| Britain is the appeal which lies in certain
cases from the law courts to the House Of
Lords as q Court of Appeals. The rev.
erence which is paid in that country to
| traditional usage has somewhat Obscured the
public mind as to the incOngruity of decision
by one branch of the Legislature on laws
which were enacted by 1t with the concur
! renee of another House. 1t was not unnatural
that the Government, considering the uncer-
tainty on this point, should conclude to avoid an
attempt TO deprive the House of Lords entirely
| of Its traditional authority. But the other House
| had come to entertain very clear ideas on this
point, and, with surprising promptness, voted
| in committee to transfer all the appellate
Jurisdiction OF the Lords TO the new
Court Of Appeals. On introducing the bill
the Government expressed its regret that the
state of public opinion prevented it from pro-
posing the organization of one general Court
of Appeals for the whole empire; it was feared
that opinion in Ireland and Scotland would
be opposed to the withdrawal of appeals from
the Lords. 1t was soon shown by protests
from both of those countries that this appre-
hension was not well-founded. When an
amendment, therefore, was proposed to include
Irish and Scotch appeals within the scope of
the bill, the Government found it necessary
to avoid an ignominious defeat by giving in its
adhesion to the amendment. Tho bill also
in its original form permitted the transfer
by an order In Council to the new Court
of all appeals which are now heard before the
Judiciary Committee of the Privy Council,
thus providing for appeals from the colonies.
An important exception was made from tho
terms of this clause in the case of Ecclesias-
tical Courts, which, owing to the relations
which che Church of England bears to the
State, have plenary power in certain cases.
The Government was not hostile to the amend
ment, but feared the temper of the House of
Commons would endanger the bill. The Gov
orpmeut made strange miscalculatloD, That