APPENDIX II. ];3 



made manifest that our courts of justice are inefficient in these special 

 cases, and that our Judges admit they have not time to inquire into 

 the real facts by a thorough investigation, I would suggest that 

 although an addition to the cost of administration is very much to be 

 deprecated, it is imperative to remedy the defects here pointed out. 

 A re-distribution of expenditure might be made, and I observe that 

 it is stated in the Commissioners' report that 88 subordinate courts 

 bring in a revenue of Rs. 16,89,744, and that the expenditure, includ- 

 ing salaries of Judges, is only Rs. 0,90,717. , 



29. Evils such as have been depicted above, arising out of the 

 costliness and inaccessibility of courts of justice, though of a much 

 slighter character, existed in England also, and the remedy suggested 

 was the establishment of Small Cause Courts. This innovation, after 

 having been opposed sturdily for many years, was finally adopted, 

 and has proved so eminently successful that nearly every year witnesses 

 some extension of their powers. In India also the institution has 

 been partially adopted. But it is from France that the most 

 important evidence can be obtained as to the value of local courts. 

 The agricultural population there is more akin than the English 

 to that of India, inasmuch as French landed property is in the 

 hands of innumerable petty owners, who cultivate with their own 

 hands. 



30. In that country small causes up to 100 francs are tried in 

 every village before the Juge de Paix. The proceedings are summary, 

 written pleadings are prohibited, and his decision is final on all sums 

 not exceeding 50 francs. The early meeting of the parties before the 

 Judge in order to produce an amicable settlement of the suit, which 

 is so strongly insisted upon by MR. BENTHAM, is spoken of by the 

 French authorities in the highest terms. 



31. I cannot doubt that the existence of courts with summary 

 jurisdiction and without appeal up to a limited amount, and possibly 

 with the exclusion of professional pleaders, placed in localities within 

 reach of the suitor's home, would tend to remove many of the evils 

 which have been brought to notice. 



9 32. I am quite aware of the difficulties which intervene to prevent 

 the entrusting of large summary powers to Subordinate Judges, and 

 that no portion of a Judge's functions requires more experience and self- 

 control than the exercise of that large discretion over contracts which 

 the High Court inculcates as belonging to Indian Judges under the law. 



Gl 



