Verwandte Artikel zu An Essay on the Science of Law and on Its Reform
Inhaltsangabe
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1879. Excerpt: ... bond, came on yesterday before the Middlesex Quarter Sessions Court. Sergeant Ballnatine, for the appellant, very ably pointed out that the four important words, 'by palmestry or otherwise,' were absent from the conviction, which was therefore quashed." It appeared that twenty-four magistrates (gentry of the county) sat in judgment at the hearing of the appeal, and that they unanimously condemned the ruling of the Chairman, who is a Q.C. He held the conviction to be improperly drawn, and of course the prisoner got off " scot free." Here we have an instance of where the judge refuses to hear the case altogether; upon the excuse that the pleading is what he is pleased to call " wrong." How could it be wrong so as to defeat justice, when he had only to take his pen and set it right, if it was wrong? Why then should he not have heard the case when all the witnesses were there, and all the expense incurred? The answer he would give, and did give, was this, viz., " that he must obey the law!" What law? His own will. In civil cases we call such transactions, " non suits." These four cases are types of cases to be found in tens of thousands in our reports. Indeed in books published on the subject of "Law," for the last century, little else is to be seen. Every page bears testimony to the various methods adopted by the Bench to defeat justice through the instrumentality of these rules. In truth, the judge is master of every case. He can, by accepting or rejecting the evidence offered, decide it as he pleases; and at the same time preserve the appearance of doing his duty. He can dispose of the property in dispute just as he wishes. He can give it all (unless it is of unusual magnitude) to his brethren at the bar and the solicitors engaged in the cause. This is act...
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