346 APPENDIX. [No. XXVII. 



liable. " Granted," says Mr. Easy, " but tell me what your claim is and 

 how it was incurred." " Find out yourself," says Hardup. " I simply tell 

 you I have a claim." " I cannot," says Easy ; "I do not know where to 

 get the information." " Then here is a writ," says Hardup, " and expenses 

 begin this day." The case is carried up to trial, and stopped ; and this is 

 repeated till Easy has much more than he ought to pay extorted from him 

 to stop the continual expense of getting up the defence. 



It is contrary to public policy that the lawyers should be able to 

 institute actions for their own benefit. In every case where they have a 

 pauper client, he is entirely in their hands. In the celebrated case of 

 " Box versus Cox," where Box took two suits of clothes from home, and 

 put one on the edge of a precipice, and walked off in the other, Box 

 appeared to be dead. Box's brother, who was in league with Box, claimed 

 under a policy from the Pay-in-every-case Assurance Company. Every- 

 body saw through the trick. The judge, jury, and public were astonished at 

 it. But Box's brother could not stop, because then his own lawyer, Mr. 

 Gammonem, would have made him bankrupt for his costs ; and if he did 

 go on, he was told he might have a sympathising jury, who would patronise 

 the individual against the company, and save him from expenses. Surely, 

 Mr. Gammonem ought to be liable for the costs, as his interest in the office 

 was much larger than that of his client. Box's banisters are said not to 

 be paid to this day, and the Pay-in-every case Assurance Company have 

 lost hundreds in law costs. 



Not only needy lawyers who are in league with roguish plaintiffs, but 

 needy counsel are sometimes in similar collusions; for in hardly any 

 extortion case is the fee paid before trial. If the plaintiff wins, the counsel 

 gets paid ; if he loses, the plaintiff is bankrupt, and the lawyer regrets the 

 absence of funds. 



How can it satisfy the public to hear fervid eloquence by a briefless 

 barrister, when Mrs. Briefless and the little ones at home are dependent 

 for their dinner upon the result of the case ? When a barrister deliberately 

 goes into court and makes an attack to secure his fee, he is equally guilty 

 of extortion as the lawyer or plaintiff, and all ought to be equally liable to 

 the defendant for his costs and for the damage he causes. 



It is not only on the plaintiff's side that extortion is practised. There 

 is a class of cases, especially with respect to the letting of houses, where a 

 false defence is used as a means of extortion. This is so frequent, that 

 hardly any person who has had to do with house property has not been 

 victimised. In this case, a needy man gets into possession, pays no rent, 

 does damage to the property, and will not go till he has extorted money, 

 which is done by a false defence instituted by a low attorney. 



It is, perhaps, quite unnecessary to burden this sketch with fuller illus- 

 trations of extortion and intimidation, for even respectable solicitors know 

 that they themselves sometimes have money extorted from them. 



The principle of the remedy for extortion and intimidation is plain. 

 Make all participators responsible and liable for the damage which they 

 seek to commit. 



Firstly. Where fraud is charged, or complaint made, or occupation of 

 property kept without adequate cause, let the plaintiff be liable for the 

 damage. 



