1831.] Lord Brougham's Local Courts. 47 



Westminster, and the assizes in the country. Two thirds of the causes 

 that come before them no matter for nicety certainly more than 

 half, are relative to sums below 50. Now these, if not in their nature, 

 in their importance are too contemptible, it seems, for the superior courts, 

 and cost more than they are worth to prosecute ; these, then, are to be 

 turned over to resident judges, whose courts are always open are at 

 every man's door where justice is retailed at a cheap rate, with de- 

 spatch, and no superfluous waste of time or trouble. This is the 

 remedy. 



These courts are to be put to the proof of their efficiency at first only 

 in a couple of counties, but as it is confidently anticipated they will 

 finally be sown over the whole country, and the apparatus in each 

 county will be the same, we shall take our glance at the effect of the 

 whole. And the first thing that strikes is the formidable expense of the 

 machinery. Fifty for the sake of round numbers fifty of these 

 judges, each at an amount, including salaries and fees, not exceeding 

 2,000, as many registrars each, including, as before, salaries and fees, 

 at 700, with an establishment of clerks, messengers, ushers, &c., at 

 least, at as much more., will together swell to a sum not much short of 

 200,000 a-year. Now this, be it observed, is proposed by a man who, 

 not long ago, talked so earnestly, as of a matter of serious importance, of 

 the savings attending the removal of the Welsh Judges. The 9,800, 

 says he, taken from the Welsh judges, with 500 from each of the 

 twelve Westminster judges, will make 15,800, which will pay the three 

 new ones, who are to be thoroughly effective. The salaries of the twelve, 

 however, were not clipped the three new judges were added at the full 

 price the Welsh judges, who survive, have their compensation-pensions; 

 and here is to be an entire addition of a sum not much short of 

 200,000 for fifty new judges, as like the old Welsh ones as one pea is 

 like another. Such will be the public share of the expense. That, 

 however, if any real and adequate advantage resulted, might be bear- 

 able, though in common equity, in the existing state of society, the liti- 

 gants themselves should pay the charges of justice. The main con- 

 sideration, still, is the expense to the actual litigants ; and how far that 

 is likely to be reduced by the new arrangements, we shall see better, 

 after we have considered, what the author lays the chief stress upon 

 the expedition the despatch, in the transaction of causes which he 

 regards as the best characteristic and glory of his plan. 



Now this acceleration consists in justice being brought home to the 

 parties to their own doors, is the favourite phrase. But how, in the 

 name of common sense, is this to be managed? There is but one judge 

 to a county. But he can move about, and he is to move about. He is 

 to hold his court every month eleven out of the twelve he is 

 to go from town to town, to one four times in the year, to some twice, to 

 others once. On the average, then, justice can be administered but 

 twice in the year, and that it is already everywhere, and in town, almost 

 at all times. So here is no gain whatever in point of time, and some 

 loss. Now, as to the expense to the litigants, plaintiffs and defendants do 

 not always live on the same spot, so that should justice be brought to the 

 door of one party, the chance is very small of its being so brought to 

 the other, and that is precisely the case at present. But under the 

 existing system, the defendant follows the plaintiff; while under the 

 new arrangements the plaintiff must follow the defendant, which is a 



