CHAPTER XIII.

THE CIVIL LAW COURTS OF TO-DAY.

§ 134. The Supreme Court of Judicature.-By the Judicature Act of 1873, with the amending Act of 1875, the existing civil courts were consolidated into the Supreme Court of Judicature. This was divided into two parts, a High Court of Justice and a Court of Appeal. The former was again divided into five divisions for the sake of convenience, viz. Chancery, King's Bench, Common Pleas, Exchequer and Probate, Divorce and Admiralty. In 1881 the Common Pleas and Exchequer Divisions were merged in that of King's Bench, leaving only three divisions of the High Court. To these divisions has been given all the jurisdiction which was exercised before 1875 by the Courts which they succeeded. Practically, that is, they have jurisdiction in all civil actions, together with a certain amount of criminal jurisdiction and an appellate jurisdiction from inferior courts. Certain matters are for the sake of convenience assigned to the respective divisions, but each can give any relief that could be given by any other division, and any judge can, if necessary, sit in any division. The staff of the Chancery Division consists of the Lord Chancellor and six other judges; of the King's Bench Division, of the Lord Chief Justice of England and fifteen other judges; and of the Probate, Divorce and Admiralty Division, of the President of that Division and another judge.

The Court of Appeal hears appeals from the High Court, and also from the Railway and Canal Commissioners, and, on cases under the Workmen's Compensation Act, from the County Courts. Its staff consists of the Master of the Rolls and six Lords Justices of Appeal. The Lord Chancellor, the Lord Chief Justice of England, and the President of the Probate, Divorce and Admiralty Division also sometimes sit as judges in this court. Generally three judges of the court sit together to try an appeal, but in some cases two only are necessary.

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The commissioners who as the successors of the Justices in Eyre went on circuit before 1875 are still appointed. Each is now 'deemed to constitute a court of the said High Court of Justice." They can therefore do everything that a judge of the High Court can do. Under powers given by the Act of 1875 the circuits have been considerably re-arranged.

§ 135. The House of Lords is the final Court of Appeal, not only from the English Courts, but also from those of Scotland and Ireland. A case comes up to it from the Court of Appeal on the certificate of two counsel engaged in it that it is a fit one to be heard by the House. On the hearing of an appeal there must be present three at least of the following persons: (1) The Lord Chancellor of Great Britain, (2) the Lords of Appeal in Ordinary, (3) Peers of Parliament who hold, or have held, high judicial office. Lord Halsbury and the late Lord Brampton are examples of the last class, while the position of the Lords of Appeal in Ordinary has already been explained. The hearing of the case is considered to be a sitting of the House, but other peers do not attend.

§ 136. The Conduct of an Action.—A code of rules has been drawn up to regulate the procedure of the Supreme Court. These rules are issued by a Rule Committee

appointed under the Act of 1875, and before coming into force have to be laid before Parliament. If there is no opposition for forty days they become binding. They are altered and amended from time to time.

An action is commenced by writ. This is a notice briefly setting out the claim of the person who brings the action, who is called the plaintiff. It must be served on the person against whom the action is brought, who is called the defendant. Special procedure is used where the claim is for a definite sum of money, and also where the defendant, after service of the writ, fails to put in an appearance. The procedure in the three divisions also varies to some extent. In the King's Bench Division what is known as a Summons for Directions is usually taken out, and under this one of the Masters, who are permanent Law Court officials, settles in what manner the action is to be prepared for trial. He directs what each side is to do, so that the matters in dispute between the parties may be defined ready for the trial. The trial may be before a judge alone or by judge and jury. The former method is more common in the Chancery Division, the latter in the other Divisions. The jury may be an ordinary or a special one. The latter are selected from a list of more responsible persons and are paid more.

The procedure at the trial, at which the parties are usually represented by counsel, is shortly as follows. After the nature of the action has been stated the plaintiff's counsel opens the case, i.e. makes a speech showing what is his client's claim, and how it is proposed to prove it. The plaintiff's witnesses are then called and examined. The defendant's counsel has the right of cross-examining each one in order to upset, if possible, the story they have told, or to get further details. If necessary the plaintiff's counsel re-examines the witness as to anything fresh

brought out in cross-examination. When all the plaintiff's witnesses have been examined the defendant's counsel opens his client's case. The defendant's witnesses are then examined, cross-examined and re-examined, and after this is finished his counsel addresses the jury on the evidence in detail and shows, as far as he can, that it is favourable to his client's case. The plaintiff's counsel then replies, and the judge sums up the evidence, and informs the jury on what points their verdict is required. The jury must be unanimous on their verdict unless the parties agree to accept the decision of the majority. When the jury have returned their verdict the judge pronounces judgment in accordance with their findings and deals with the question of costs. Generally the loser is made to pay the costs of the other party. This does not, however, indemnify the latter, as he has always to pay for a number of items which are necessary for the conduct of his case but for which he is not allowed to charge. Appeal is only allowed on a question of law, and not on one of fact. The appeal is in the first instance to the Court of Appeal, whence there is a further right of appeal to the House of Lords.

§ 137. Inferior Courts.-In 1846 a system of inferior courts for the trial of matters of minor importance was instituted. These courts are known as County Courts. England is divided into a number of districts, for each of which a County Court is constituted. The Courts are held at various places in the district at various times. The judges, who must be barristers of seven years' standing, are appointed by the Lord Chancellor and may be dismissed by him. Rules of procedure are laid down in a similar way to those for the High Court.

The jurisdiction of a County Court is limited generally to £50, but a recent statute has enlarged this in cases of

contract to £100 for certain Courts. Jurisdiction is also given specially under certain statutes, the most important of which is the Workmen's Compensation Act. Certain Courts also can determine bankruptcy matters, but none can try actions of libel, slander, breach of promise of marriage or seduction.

In cases where the subject-matter of the action exceeds £20 there is an appeal on a point of law to the High Court, but appeals under the Workmen's Compensation Act go straight to the Court of Appeal.

Besides the County Courts there are several other courts, such as the Mayor's Court in London, and the Court of Passage at Liverpool, which have a local jurisdiction. These courts are mostly of very ancient origin, and have so far escaped the hands of the reformer.

§ 137a. Other Courts of Appeal.-Prior to 1907 a person who had been convicted on a criminal charge was unable to appeal against a conviction. In that year Parliament passed the Criminal Appeal Act, which established the Court of Criminal Appeal. To this court any person who considers himself wrongly convicted on indictment may appeal on a question of law, or, by leave, on a question of fact, or one of mixed law and fact. A further appeal by permission lies from this court to the House of Lords.

The Judicial Committee of the Privy Council, which is composed of those members of the Privy Council who have held high judicial office, together with the six Lords of Appeal in Ordinary, deals with appeals from the courts of the Channel Islands and from English courts abroad.