Page:The Green Bag (1889–1914), Volume 05.pdf/267

plainly stated terms, as briefly provided for Michaelmas sittings, etc.) can be purchased by Lord Campbell's Acts. Then Mr. De at a crown office in the Court House, or also fendant may demur, — a procedure little fa there bought by daily partition. After which vored, because killing accumulation of costs, the causes are called and heard, much as in — or he will answer. His answer can be in the United States. For the trial are sum the alternative, and in parts can be contra moned as demanded ordinary or common dictory and as inconsistent in allegation as jurors and special jurors, — English law ingenuity can conceive. When issue has keeping up its class divisions even in the been joined, it is the custom for either, and jury-box. Thus, special jurors are like the perhaps each, solicitor to put questions or passengers in first-class railway-carriages, interrogatories to the opposite party. These and common jurors of the kind of passengers and answers are drawn or settled by Mr. supposed to ride in third-class cars. Let us now suppose our American liti Counsel, — more costs accumulating. Mean time motions may have been made relative gant's case to be called for trial. He enters to pleadings with objections or amend one of the small stuffy court-rooms with his ments, — each stage supervised by a barrister, solicitor. He finds it an amphitheatncal af with accumulating costs. The party beaten fair. The highest back benches are tenanted on any such motion has usually an appeal by witnesses or friends of litigants, and curi taken by his solicitor from a Master, who ous spectators or idlers. The centre benches hears the motion, to a Judge at Chambers; are occupied by barristers, whose rows of and next from Chambers to Divisional white wigs give a frosty appearance in an Court. More counselling; more battledore atmosphere reeking with odors ccnsequent and shuttlecock between Q. C.'s, and of upon defective ventilation; while the two course more costs accumulating. Next en front rows are occupied by the juniors and sue as many interlocutory proceedings re Q. C.'s in the pending case or approach garding de bene esse and the like as lawyers ing causes. The front bench in what is are familiar with. There was once a great called the pit is devoted to the solicitors, French cook who claimed to possess know their clients and clerks. All these confront ledge of making twenty-seven different ome the judge, who is perched like a canary-bird lettes; but if we liken legal procedures to near the top of his cage; and to change the eggs, an English solicitor can make many figure, looks not unlike a cricket-wicket more kinds of legal omelettes fashioned with that is erected to be bowled at, while being costs after the methods which cooks pursue defended by a pen that is mightier than a with oysters, mushrooms, or aux fines herbes. bat. A couple of ungainly ushers, clad in If our supposititious American litigant is a sweeping and frayed cotton gowns, per defendant, the solicitor will manage the ad vade the pit for the purposes of conveying verse procedures that are readily inferrible papers and books to and fro, and marshalling from the foregoing with equal opportunities witnesses. for employing and " snacking " with counsel, As the case is called and answered, the and entering items of costs on the two sides jurors are notified and take places. Chal of his ledger devoted to the taxable or the lenges seem to be unknown procedures even private costs. in criminal cases, whether to the array, for The London courts do not speak of " cal principal cause, or to the favor. Then the endar" of causes at issue, but of a " List." junior for the plaintiff rises behind the solici Each Divisional or Appeal Court speaks of tor, and beginning, "Mi Lud and gentlemen a " Cause list." This document for a " term " of the jury," proceeds " to state the plead (to which is usually given an old ecclesiasti ings " without circumlocution. Which end cal designation, such as Saint Hilary term or ing, the senior barrister or Q. C. opens the