Part 3

A Scotch shoeing-smith summoned a man who, from his appearance, I judged to be a hard, keen-dealing Yorkshire horse-jobber; he claimed a sum of money for putting shoes upon six-and-thirty horses. His claim was just, but there was an error in his particulars of demand which vitiated it. The Barrister took some trouble to point out that in consequence of this error, even if he gave a decision in his favour, he should be doing him an injury. The case was a hard one, and I could not help regretting that the poor plaintiff should be non-suited. Did _he_ complain? Neither by word or action. Folding up his papers, he said sorrowfully, ‘Well, Sir, I assure you I would not have come here, if it had not been a just claim.’ The Barrister evidently believed him, for he advised a compromise, and adjourned the case that the parties might try to come to terms. But the defendant would not arrange, and the plaintiff was driven to elect a non-suit.

The mode of dealing with documentary evidence afforded me considerable satisfaction. Private letters—such as the tender effusions of faithless love—are not, as in the higher Courts, thrust, one after the other, into the dirty face of a grubby-looking witness who was called to prove the handwriting, sent the round of the twelve jurymen in the box, and finally passed to the reporters that they might copy certain flowery sentences and a few stanzas from ‘Childe Harold,’ which the shorthand writers ‘could not catch,’ but are handed up seriatim to the Judge, who looks through them carefully and then passes them over without observation for the re-perusal of the defendant. Not a word transpires, except such extracts as require comment.

There was a claim against a gentleman for a butcher’s bill. He had the best of all defences, for he had paid ready money for every item as it was delivered. The plaintiff was the younger partner of a butchering firm which had broken up, leaving him in possession of the books and his partner in possession of the credit. The proprietor of the book-debts proved the order and delivery of certain joints prior to a certain date, and swore they had not been paid for. To show his title to recover the value of them, he somewhat unnecessarily thrust before the Barrister the deed which constituted him a partner. The Judge instantly compared the deed with the bill. ‘Why,’ he said, turning to the butcher, ‘all the items you have sworn to were purchased anterior to the date of your entering into partnership. If any one is entitled to recover, it is your partner, whom the defendant alleges he has paid.’ In one, as they are called, of the ‘Superior Courts,’ I very much doubt whether either Judge or Jury would have discovered for themselves this important discrepancy.

The documentary evidence was not confined to deeds and writings, stamped or unstamped. Even during the short time I was present, I saw some curious records produced before the Barrister—records as primitive in their way as those the Chancellor of the Exchequer used to keep in the Tally-Office, before the comparatively recent introduction of book-keeping into the department of our national accountant.

Among other things received in evidence, were a milkwoman’s score, and a baker’s notches. Mr. Ficker appeared inclined to think that no weight ought to be attached to such evidence as this. But when I recollect that there have occasionally been such things as tombstones produced in evidence before Lord Volatile in his own particular Court, the House of Lords, (‘the highest jurisdiction,’ as they call it, ‘in the realm,’) I see no good reason why Mrs. Chalk, the milkwoman, should not be permitted to produce her tallies in a County Court. For every practical purpose the score upon the one seems just as good a document as the epitaph upon the other.

I was vastly pleased by the great consideration which appeared to be displayed towards misfortune and adversity. These Courts are emphatically Courts for the _recovery_ of debts; and inasmuch as they afford great facilities to plaintiffs, it is therefore the more incumbent that defendants should be protected against hardship and oppression. A man was summoned to show why he had not paid a debt pursuant to a previous order of the Court. The plaintiff attended to press the case against him, and displayed some rancour.

‘Why have you not paid, Sir?’ demanded the Judge, sternly.

‘Your honour,’ said the man, ‘I have been out of employment six months, and within the last fortnight everything I have in the world has been seized in execution.’

In the Superior Courts this would have been no excuse. The man would probably have gone to prison, leaving his wife and family upon the parish. But here that novel sentiment in law proceedings—sympathy—peeped forth.

‘I believe this man would pay,’ said the barrister, ‘if possible. But he has lost everything in the world. At present I shall make no order.’

It did not appear to me that the plaintiffs generally in this Court were anxious to press very hardly upon defendants. Indeed it would be bad policy to do so. Give a man time, and he can often meet demands that it would be impossible for him to defray if pressed at once.

‘Immediate execution’ in this Court, seemed to be payment within a fortnight. An order to pay in weekly instalments is a common mode of arranging a case, and as it is usually made by agreement between the parties, both of them are satisfied. In fact the rule of the Court seemed not dissimilar from that of tradespeople who want to do a quick business, and who proceed upon the principle that ‘No reasonable offer is refused.’

I had been in the Court sufficiently long to make these and other observations, when Mr. Ficker introduced me to the clerk. On leaving the Court by a side door, we repaired to Mr. Nottit’s room, where we found that gentleman, (an old attorney,) prepared to do the honours of ‘a glass of sherry and a biscuit.’ Of course the conversation turned upon ‘the County Court.’

‘Doing a pretty good business here?’ said Mr. Ficker.

‘Business—we’re at it all day,’ replied Mr. Nottit. ‘I’ll show you. This is an account of the business of the County Courts in England and Wales in the year 1848; the account for 1849 is not yet made up.’

‘Takes six months, I suppose, to make it,’ said Mr. Ficker, rather ill-naturedly.

‘Total “Number of Plaints or Causes entered,”’ read the clerk, ‘427,611.’

‘Total amount of money sought to be recovered by the plaintiffs,’ continued Mr. Nottit, ‘1,346,802_l._’

‘Good Gracious!’ exclaimed Ficker, his face expressing envy and indignation; ‘what a benefit would have been conferred upon society, if all this property had been got into the legitimate Law Courts. What a benefit to the possessors of all this wealth. I have no doubt whatever that during the past year the suitors who have recovered this million and a quarter have spent the whole of it, squandered it upon what they called “necessaries of life.” Look at the difference if it had only been locked up for them—say in Chancery. It would have been preserved with the greatest possible safety; accounted for—every fraction of it—in the books of the Accountant-General; and we, Sir, we—the respectable practitioners in the profession—should have gone down three or four times every year to the Master’s offices to see that it was all right, and to have had a little consultation as to the best means of holding it safely for our client, until his suit was properly and equitably disposed of.’

‘But, perhaps, Ficker,’ I suggested, ‘these poor clients make better use of their own money, after all, than the Courts of Law and Equity could make of it for them.’

‘Then the costs,’ said Mr. Ficker, with an attorney’s ready eye to business, ‘let us hear about them.’

‘The total amount of costs adjudged to be paid by defendants on the amount (752,500_l._) for which judgment was obtained, was 199,980_l._;’ was the answer; ‘being an addition of 26.5 per cent. on the amount ordered to be paid.’

‘Well,’ said Mr. Ficker, ‘that’s not so very bad. Twenty-five per cent.,’ turning to me; ‘is a small amount undoubtedly for the costs of an action duly brought to trial; but, as the greater part of these costs are costs of Court, twenty-five per cent. cannot be considered inadequate.’

‘It seems to me a great deal too much,’ said I. ‘Justice ought to be much cheaper.’

‘All the fees to counsel and attorneys are included in the amount,’ remarked the clerk, ‘and so are allowances to witnesses. The fees on causes, amounted to very nearly 300,000_l._ Of this sum, the Officers’ fees were, in 1848, 234,274_l._, and the General Fund fees 51,784_l._’

‘Not so bad!’ said Mr. Ficker, smiling.

‘The Judges’ fees amounted to nearly 90,000_l._ This would have given them all 1500_l._ each; but the Treasury has fixed their salaries at a uniform sum of 1000_l._, so that the sixty Judges only draw 60,000_l._ of the 90,000_l._’

‘Where does the remainder go?’ I enquired.

The County Court Clerk shook his head.

‘But you don’t mean,’ said I, ‘that the suitors are made to pay 90,000_l._ a year for what only costs 60,000_l._?’

‘I am afraid it is so,’ said Mr. Nottit.

‘Dear me!’ said Mr. Ficker. ‘I never heard of such a thing in all my professional experience. I am sure the Lord Chancellor would never sanction that in his Court. You ought to apply to the Courts above, Mr. Nottit. You ought, indeed.’

‘And yet,’ said I, ‘I think I have heard something about a Suitors’ Fee Fund in those Courts above—eh, Ficker?’

‘Ah—hem—yes,’ said Mr. Ficker. ‘Certainly—but the cases are not at all analogous. By the way, how are the other fees distributed?’

‘The Clerks,’ said Mr. Nottit, ‘received 87,283_l._; nearly as much as the Judges. As there are 491 clerks, the average would be 180_l._ a year to each. But as the Clerks’ fees accumulate in each Court according to the business transacted, of course the division is very unequal. In one Court in Wales the Clerk only got 8_l._ 10_s._ in fees; in another Court, in Yorkshire, his receipts only amounted to 9_l._ 4_s._ 3_d._ But some of my colleagues made a good thing of it. The Clerks’ fees in some of the principal Courts, are very ‘Comfortable.’

The Clerk of Westminster netted in 1848 £2731 Clerkenwell 2227 Southwark 1710

Bristol, Sheffield, Bloomsbury, Birmingham, Shoreditch, Leeds, Marylebone, received 1000_l._ a year and upwards.’

‘But,’ continued our friend, ‘three-fourths of the Clerks get less than 100_l._ a year.’

‘Now,’ said Mr. Ficker, ‘tell us what you do for all this money?’

‘Altogether,’ said the clerk, ‘the Courts sat in 1848, 8,386 days, or an average for each Judge of 140 days. The greatest number of sittings was in Westminster, where the Judge sat 246 days. At Liverpool, there were sittings on 225 days. The number of trials, as I have before mentioned, was 259,118, or an average of about 4320 to each Judge, and 528 to each Court. In some of the Courts, however, as many as 20,000 cases are tried in a year.’

‘Why,’ said Mr. Ficker, ‘they can’t give five minutes to each case! Is this “administration of justice?”’

‘When,’ said the Clerk, ‘a case is undefended, a plaintiff appears, swears to his debt, and obtains an order for its payment, which takes scarcely two minutes.’

‘How long does a defended case take?’

‘On the average, I should say, a quarter of an hour: that is, provided counsel are not employed.’

‘Jury cases occupy much longer.’

‘Undoubtedly.’

‘Are the jury cases frequent?’ I enquired, some feeling of respect for ‘our time-honoured institution’ coming across me as I spoke.

‘Nothing,’ said our friend, ‘is more remarkable in the history of the County Courts than the very limited resort which suitors have to juries. It is within the power of either party to cause a jury to be summoned in any case where the plaint is upwards of 5_l._ The total number of cases tried in 1848, was 259,118. Of these, upwards of 50,000 were cases in which juries might have been summoned. But there were only 884 jury cases in all the Courts, or one jury for about every 270 trials! The party requiring the jury obtained a verdict in 446 out of the 884 cases, or exactly one half.’

‘At any rate, then, there is no imputation on the juries,’ said Mr. Ficker.

‘The power of resorting to them is very valuable,’ said our friend. ‘There is a strong disposition among the public to rely upon the decision of the Barrister, and that reliance is not without good foundation, for certainly justice in these Courts has been well administered. But there may be occasions when it would be very desirable that a jury should be interposed between a party to a cause and the presiding Judge; and certainly if the jurisdiction of these Courts is extended, it will be most desirable that suitors should be able to satisfy themselves that every opportunity is open to them of obtaining justice.’

‘For my own part,’ said I, ‘I would as soon have the decision of one honest man as of twelve honest men, and perhaps I would prefer it. If the Judge is a liberal-minded and enlightened man I would rather take his judgment than submit my case to a dozen selected by chance, and among whom there would most probably be at least a couple of dolts. By the way, why should not the same option be given to suitors in Westminster Hall as is given in the County Courts?’

‘What!’ exclaimed Mr. Ficker; ‘abolish trial by Jury! the palladium of British liberty! Have you _no_ respect for antiquity?’

‘We must adapt ourselves to the altered state of society, Ficker. Observe the great proportion of cases _tried_ in these Courts; more than sixty per cent. of the entire number of plaints entered. This is vastly greater than the number in the Superior Courts, where there is said to be scarcely one cause tried for fifty writs issued. Why is this? Simply because the cost deters parties from continuing the actions. They settle rather than go to a jury.’

‘And a great advantage, too,’ said Mr. Ficker.

‘Under the new bill,’ said our friend, the Clerk, ‘Ficker’s clients will all be coming to us. They will be able to recover 50_l._ in these Courts without paying Ficker a single 6_s._ 8_d._, unless they have a peculiar taste for law expenses.’

‘And a hideous amount of rascality and perjury will be the consequence,’ said Mr. Ficker; ‘you will make these Courts mere Plaintiffs’ Courts, Sir; Courts to which every rogue will be dragging the first man who he thinks can pay him 50_l._, if he only swears hard enough that it is due to him. I foresee the greatest danger from this extension of litigation, under the pretence of providing cheap law.’

‘Fifty pounds,’ said I, ‘is, to a large proportion of the people, a sum of money of very considerable importance. I must say, I think it would be quite right that inferior courts should not have the power of dealing with so much of a man’s property, without giving him a power of appeal, at least under restrictions. But at the same time, looking at the satisfactory way in which this great experiment has worked,—seeing how many righteous claims have been established and just defences maintained, which would have been denied under any other system—I cannot but hope to see the day when, attended by proper safeguards for the due administration of justice, these Courts will be open to even a more numerous class of suitors than at present. It is proposed that small Charitable Trust cases shall be submitted to the Judges of these Courts; why not also refer to them cases in which local magistrates cannot now act without suspicion of partisanship?—cases, for example, under the Game Laws, or the Turnpike Laws, and, more than all, offences against the Truck Act, which essentially embody matters of account. Why not,’ said I, preparing for a burst of eloquence, ‘why not—’

‘Overthrow at once the Seat of Justice, the letter of the Law, and our glorious constitution in Church and State!’

It was Mr. Ficker who spoke, and he had rushed frantically from the room ’ere I could reply.

Having no one to argue the point further with, I made my bow to Mr. Nottit and retired also.

SWEDISH FOLK-SONGS.

FAIR CARIN.

The fair Carin—a maiden, Within a young king’s hall, Like to a star in beauty Among the handmaids all.

Like to a star in beauty, Among the maidens there; And thus the king addressed him Unto Carin the Fair.

‘And fair Carin, now hearken, Wilt thou be only mine, The grey horse, golden-saddled, It shall this day be thine.’

‘The grey horse, golden-saddled, Is all unmeet for me; Give them unto thy fair young queen, And let the poor maid be.’

‘And fair Carin, now hearken, Wilt thou this day be mine, My crown, made of the red, red gold, It shall alone be thine.’

‘Thy crown, made of the red, red gold, Is all unmeet for me; Give it unto thy good young queen, And let the poor maid be.’

‘And fair Carin, now hearken, Wilt thou this day be mine, The half of all my kingdom, It shall alone be thine.’

‘The half of all thy kingdom It is unmeet for me; Give it unto thy gentle queen, And let the poor maid be.’

‘And fair Carin, now hearken, If thee I may not win, A cask, all spiked with iron, Shalt thou be set within.’

‘And though that thou shouldst set me The spikéd cask within, They would behold, God’s angels, That I am free from sin.’

They closed Carin, the maiden, Within that cruel space, And the young king’s hired servants They rolled her round the place.

With that from heaven descended Two doves as bright as day; They took Carin, the maiden, And there were three straightway.

A VISIT TO THE ARCTIC DISCOVERY SHIPS.

By aid of the North Kent Railway an hour is more than enough for the journey from London to the dockyard at Woolwich. On a bright morning in April, we crossed the paved court of the dockyard in search of the four ships that were being made ready to go in search of the lost Sir John Franklin and his companions—now four years unheard of, and believed to be frozen up in the regions of thick-ribbed ice at the North Pole. Two of the Arctic ships were put in dry dock, and two afloat in the river. The names of the ships as put together by an old sailor in our hearing, express their mission. The ‘Resolute,’ ‘Intrepid,’ ‘Pioneer,’ goes with ‘Assistance’ to Sir John Franklin and his frozen-up pack.

We had followed the workman with the artificial memory, and by this time stood beside the dry dock in which one of the vessels, the ‘Pioneer,’ a steamer, was fixed upright and out of water. There she stood in a fine massive granite basin, the sides of which were fashioned into steps. Down there we went, and then walked round and under her from stem to stern, and in doing so, could see what preparation had been made to fit her for the duty she had to do. This steamer had been in the foreign cattle trade, and had brought, it seems, many a drove from the fields of Flanders, and from the hills of Spain, to make fatal acquaintance with the abominations of Smithfield. Bought out of that unsavoury service as a strong capable steamship, she had been placed in this granite cradle, and been swathed outside with tarred felt, upon the top of which additional planking was then fixed. Upon her bows where the shock of the ice would be most severe, another layer of felt was then applied, and over this was riveted tough sheets of iron. With this metal casing her stem was complete. At her stern, as she stood thus out of water, we had an excellent opportunity of inspecting the screw by which she was to be impelled. This was of a brazen compound metal prepared with a view to great strength and toughness; but as its blows upon the stray floating ice might injure it, another screw of iron was on board to replace it should it be broken when out of reach of dockyard help. Having passed round the vessel, and looked up at her huge bulging sides, we ascended the stone steps, and walking along a plank from the dock side, boarded the ‘Pioneer,’ to see—after such outside preparations—what care had been taken with the inside of the ship. It was soon evident that the felting and planking of the exterior had been matched by a similar felting and planking of the interior; with this difference, that inside the felt was untarred. These additions to the thickness of her sides to make her firm and warm, had been followed by another contrivance, to give her still further ability to withstand any crushing weight she might have to endure. Strong beams had been placed aslant, from her keel and her decks, outwards and upwards towards her sides; and lastly, her decks had been doubled; so that, thus secured, she became almost as capable of resisting outward pressure as a solid block of oak. Having thus strengthened this floating fortress against the fierce assaults of the Giant Frost, we turned to look how they had stored it to withstand the beleaguering siege of—it may be—a two or three years’ Arctic winter. Here we found an ample field for wonder and admiration. Surely human ingenuity and ships’ stowage were never better displayed. Every inch of space had been made the most of. In the centre of the vessel were her engines, cased round with iron, so that outside them could be stowed away no less than 85 tons of patent compressed fuel to feed the fires. Thus surrounded, the engines were literally bedded in a small coal-mine, for their own consumption.

The danger to be apprehended from the close contiguity of so much combustible material to the engine-fire is obviated, in case of accident, by eight pumps on the decks and two patent pumps below, besides others in the engine-rooms. There are fourteen pumps altogether, which can be handled in case of fire or leakage. Some of these are worked by the engine, some are placed in warm berths below, so that the men may have exercise at them without exposure on deck. Nearly all these pumps work independently of each other, so that if one is deranged, it does not hurt the rest.

The question as to how the ship is to be kept warm?—was answered by our being conducted deep down into the hold; there we found a patent stove, so constructed that pure air was admitted by pipes to its neighbourhood, and being heated there was passed through other pipes through all parts of the ship, until having lost much of its heat and more of its purity, it was allowed to escape, and was replaced by another stream of pure air to be warmed, and used and replaced again; so on from day to day while the ships remained in the ice. This warming apparatus, the 85 tons of fuel, the four years’ provisions, and the Bolton and Watt’s engines occupied, in spite of the most perfect stowage, so much room, that it was puzzle to know where the water was stowed.

It was, however, explained that 85 tons of coal round the engine is not all that must go. The ship will take 200 tons of coal altogether, but won’t want much water room, for along with the engine is a contrivance for melting ice for use whilst the ships are locked in.

The salt sea there is a surface of ice that comes direct from Heaven. The snow is not salted, and the fires will melt the snow-made-ice for the ship’s use.