SPEEDING UP THE LAW.

Press, Volume L, Issue 14916, 14 March 1914, Page 4

SPEEDING UP THE LAW.

EEPORT OF THE ENGLISH

COMMISSION.

THE WASTEFUL ASSIZE SYSTLAI

(FRO- A CORRESPONDENT.)

LONDON, February 4

One of the most notablo characteristics of Englishmen at home and abroad Ls their insistence on the excellence of everything English. Occasionally ono will be found to admit that there is one fly in tho ointment. But tho Englishman who will admit that tho administration of tho law in England is opeu to tho slightest criticism is as rare as a wasp in mid-winter. Thc attitude of tho average Englishman towards English law is that of Gilbert's Lord Chancellor in "lolantho" —"Tho law. mv lords, is tho embodiment of everything that is excellent. 1 '

Recently, however, English -worshippers of the English law have received a rudo shock, for no loss a body than a Royal Commission has reported, after sitting for a year, that tho administration of tho law in this country is in a sad state, and badly needs reforming.

The Commission has been concerning itself chiefly with "the law's delays," that complaint which is probably known in every couutry whoro law is known. England, however, has had. it in a particularly virulent type, and complaints became so many and so loud that something had to be done, and a Royal Commission was appointed.

It is only fair to say that most ot tho congestion, in tho Oourts is in tho Kings Bench Division alone, but the King's Bench revision does fully ninetenths of the legal work of the country. It corresponds roughly to tho Supremo Court of a British colony or an American State. Petty cases aro tried in the County Courts and quickly disposed of, divorce suits are heard proinptlj, and even in the Chancery Court, which J>Tckons satirised in tlie caso of ''Jarndyce v. Jaindyce," one can now receive a hearing in reasonablo time, la the King's Bench', However, it was stated some timo ago that it was hard to get a caflo heaid in k-ss than two years from the timo the suit was begun. In the last year, however, tho Judges havo been working overtime, and things are a little better now. Much of the congestion is duo to tho antiquated system of British legal administration. At present there are sixteen Judges of the King's Bench, each receiving £5000 a year, ten or eleven of these sit in London, where tho great bulk of the country s legal business is done, and the others spend their time travelling on. circuit. The circuit system is a survival of the days before railways when it would have been a substantial hardship to compel litigants and their witnesses to come up to London, and* when to obviate this, it was necessary for tho judges to travel about, holding court in tho various country towns. With typical English conservatism this system has been continued, and even though thero be no cases at an assize town, as often happens, the judge must travel there, solemnly open tho court, solemnly make a speech to tho grand jury, solemnly close tho court, and move on to the next town, where the farce is repeated. The coming of a judge to an assize town is no small matter. Tho judge, bo it remembered, is the personal representative of the King. He must be received by tlie sheriff, who in this country is usually a rich man, and who must' provide for him an elauorate gilded coach with outriders and footmen hanging on behind. In this the judge, clad in all the glory of his red robe and wig, rides to and from his hotel to the court, and a trumpeter rides on horseback beforo him to clear the way. At the hotol the best suite of rooms must be given up to the judge, and the kitchen must be turned over to tho judge's own cook, who always travels with him, and carries his own pote and pans. A retinue of lawyers also travels with the judge and practices in his court. British conservatism has made the system still more ridiculous. One would expect at least that the assizes would be held at tho most populous town in the county, but this i 6 not so. The assize town is tho seat of the county government fixed hundreds of years ago, and in most cases it is now littlo more than a sleepy village. The big centres of industry aro too modern to bo honoured by the presence of one of his Majesty's judges. Thus in the county of Monmouthshire tho assizes are held at Monmouth with a population of 5000, whilo Newport, in the samo county, has a population of 85,000 and no assizes. Great cities liko Hull, Sheffield, Plymouth, ami Brighton have no assizes. The result is that litigants in these centres often find it easier to go to London than to their own county toivns, and the work of tho assize judges is lightened still more at the jexpense of their brothers in London.

Another cause of delay is the happily named ''Long Vacation." This now begins on August l»t ovary year, and lasts until October 12th, during which period justice goes to sleep. One of the most striking facts brought out by tlio Royal Commission is that a judge cannot ho removed, no matter how old, ill, or incanable ho may become, except by a resolution of both Howes of Parliament. Thw in practice means, of course, that a judge is irremovable. Amusing evidence wa3 given by Sir Stanley Buckma6ter, tho Solicitor-General in Mr Aequith's Cabinet, who declared that he had) practiced before one jiutere wno " ivJ,s over 90 years old. two judces who were suffering from obvious senile decay, one who was so deaf that he could hear nothins that was going on in his court, and four whose powers had been impaired by aire. "I know," said Sir Stanley, "that there havo been others who have done splendid service after 70. There is the case of lx«(] Macnachten. but I often think that tiie service he rendered to thc law was more than met by the fact that be afforded an example for people to point to and say. 'There! see what a man can do after 70.' "

The reform proposals of the Royal Commisson are not very sweeping, but it is hoped that if they are adopted thoy will go a long way to relieve the present congestion. The abolition of the circuit system, as might have bean expected, is not recommended, but only a readjustment. Jt is proposed that judges should not be cocipelled to io on circuit whether thero is work for them or not. If there are not at least three ease on tho calendar at any assize town a fortnight before the assize date, that town is to be missed out by the assize judges and tbe cases transferred cither to London or to an adjoining assize town. The judges so released are to sit in London.

It is proposed to shorten tho Long Vacation by twelve days. This is a compromise after a bitter fight. Lawyers and judges fought for their holiday, while Lord Haldane, thc Lord Chancellor, who was a member of tho Commisson, urged that the courts should be kept open all the year round, while the judges took their holidays in -irn, It is also proposed to lengthen tho judge's wording aay. At present the courts open about 11 a.m., and rise when the Judge feels tired. It is proposed that the opening hour shall be 10.30 a.m. on five days of the week and 11 a.m. on Monday. Tho closing hour

shall be 4.30 p.m. except on Saturday, when ft shall bo 1.30 p.m. The Commission recommends that ali judges should be compelled to retire at 72 or after an absence of six months from illness or incapacity unless specially reouested to continue by the Lord Chancellor and tho Lord Chief Justice. Judges should be allowed to retire after five years' service, if in ill-health or incapacitated, on a pension of £1500, with an additional £'-'00 for each extra year of service up to a maximum of £3500. It is also recqmmended that judges should bo permitted to retire voluntarily after ten years 1 service on a pension'of £2500, but in such cases they must be ready to serve if called on in "an emergency, as supernumerary judges, for a period up to fifteen years from the date of their appointment as judges. This system of supernumerary judges wouTu provide tho nation with a force of trained jurists who. while not physically ablo for continuous work, could do" much to reduce arrears Ot course when actually serving as judges these men "would draw full pay.