Page:The Green Bag (1889–1914), Volume 17.pdf/289

THE GREEN BAG terms of a bill of lading. The ship was and yet the total number of appeals, in about to sail for a foreign port, and both the cluding final and interlocutory appeals and owner and the freighter apprehended difficul motions for new trial, does not average ties if their rights were not determined. It more than one thousand annually. The was agreed that an application should be time occupied in hearing and finally deter made to the court concurrently with the mining these appeals, from the date of set issue of the writ for a date for a hearing. ting the appeal down to the date of its dis The court, appreciating the importance of posal, is suggestive. The average of all the the question, agreed to take the case during cases in 1902, the latest year for which the the week, and it was accordingly argued official statistics are available, was 174.76 and judgment was delivered within six days days, or a little less than six months. But from the institution of the proceedings. In of the 689 cases argued in that year no less another case in the Admiralty Court judg than 1 06 were finally disposed of by the Ap ment fixing the liability for a collision in the peal Court in two weeks from the date they German Ocean was delivered within a month were entered for hearing, 101 in four weeks of the date of the collision. Within the year and 60 in less than two months. past at the Manchester assizes there was a Granted that there is some degree of ce verdict by a jury and judgment on the 2cth lerity in dealing with litigation in England, of the month, the writ having been issued the question arises, to what peculiarities of on the 3d day of the same month. In the procedure, if any, is it due? In my opinion Divorce Court a decree was recently granted they are the following: — on a petition on the ground of adultery com (i) SUMMARY JUDGMENT. Order III, Rule mitted five weeks previously. Generally 6, of the Rules of Procedure of the High speaking, the despatch depends upon the Court provides that in all actions where the vigor with which the plaintiff presses his plaintiff seeks only to recover a debt or action and frames his issue so as to avoid .liquidated demand in money, arising (a) interlocutory proceedings. upon a contract express or implied (as, for III. An appeal lies from the courts above instance, on a bill of exchange, a promissory named to the Appeal Court. The latter note or check or other simple contract court consists of the Master of the Rolls and debt); or (6) on a bond or contract under five Lord Justices. They sit in two divis seal for the payment of a liquidated amount ions of three judges each, one for Chancery of money; or (c) on a statute where the sum and the other for King's Bench appeals. to be recovered is a fixed sum; or (d) on a In addition to these judges the Lord Chancel guaranty where the claim against the prin lor, the Lord Chief Justice and the Presi cipal is in respect of a liquidated demand dent of the Divorce, Probate and Admir only; or (e) on a trust; or (/) in actions for alty division and any ex-Lord Chancellor the recovery of land by a landlord against a may sit as appeal judges. It is thus pos tenant whose term has expired or been de sible to have, and very recently there have termined by notice to quit or has become beenr three Appellate Courts of three judges liable to forfeiture for non-payment of rent, each sitting at the same time. Compared or against persons claiming under such ten with the practice in America the number of ant, the writ may, at the option of the plain appeals is very small. On an average there tiff, be specially endorsed with a statement are six or seven thousand final judgments of his claim, or of the remedy or relief to and orders entered during the year in the which he claims to be entitled. If the plaintiff does so endorse his writ High Court, including actions tried and orders made on the hearing of special mo and the defendant appears to such writ the tions, or otherwise, by judges and masters, plaintiff may, under Order XIV of the Rules