Page:The Green Bag (1889–1914), Volume 12.pdf/633

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The Green Bag.

a salary. The judges' " lodgings " are pro vided at the public expense, and are not, as a rule, used for any purpose, except the enter tainment of the ornaments of the bench, who live there in retirement, broken only by at tendance at the sheriff's dinner or by having some friends to dine with them. However great a " diner-out " a judge may be, when upon circuit he always refrains from accept ing invitations, except to strictly formal func tions given in his honor. Each judge is pro vided with a confidential secretary, who is called a " marshal." This gentleman is al most always a barrister, and while his duties arc numerous, they cannot be called onerous. He usually sits beside the judge on the bench and makes a pointi of laughing at his lord ship's jokes, however antiquated they may be. If the marshal performs no other service than that of keeping the judge in good-humor, he nevertheless does something towards assist ing the administration of justice. So far, I have written only of the bench. The behavior and the etiquette of the bar, however, form the most interesting part of circuit life. There is, of course, no statute regulating the manner of life of the counsel who attend the assizes; but there are un written laws so strictly enforced that no man who has any desire for the respect of his professional brethren, or for their society, would willingly infringe them. If one con forms to the bar rules, circuit life is in every way agreeable; but if one sets them at de fiance, complete ostracism will be the result. One of the most important rules is, that when a barrister has chosen a circuit, he is required to confine his practice to that cir cuit and not to go upon any other. If, for any reason, he finds the circuit he has chosen unsuitable, he may change once, but not oftener. If he goes on a circuit at all — and many barristers never do so — he is expected to choose his circuit early in his career; and he will not be elected a member of the bar mess, if he does not join the circuit within three years of his "call to the bar." Any

counsel may, however, plead in cases that are being tried upon circuits other than his own; but, in order to do so, it is necessary for him to be taken there "specially," which means that a retainer of ten guineas ($52.50) at least must be received in addition to the usual retaining fee and daily " refresher." The process of joining a circuit does not consist of taking any oath or making any formal judicial declaration; it merely con sists in being admitted a member of the bar mess on that circuit; but it will be obvious from what has already been written that it implies a great deal more than the mere right to dine with the other representatives of the legal profession. The mode of ad mission to the bar mess varies considerably on the different circuits. Some form of proposal is always necessary, and on some circuits the candidate must be proposed by a Queen's Counsel and seconded by a junior. It is usual, also, on most of the circuits, to require the candidates to dine with the bar mess on three nights prior to their election, in order, I suppose, that their future associ ates may learn whether they would be desir able companions at table. The election takes place on what is known as " Grand Night," a night set apart during the winter and summer circuits for business and special festivity. On some circuits the merits of the candidates are discussed and the election held at a business meeting prior to the din ner, the health of the new members being drunk later on in the evening at the close of the meal, when they are, of course, required to return thanks. Upon other circuits the election takes place after dinner, a court be ing formed with the junior member of the bar mess as judge; the names of the candi dates are brought forward by their proposers and their claims to membership are advo cated; objections, if there are any, are heard, and then the judge gives his decision. Of course there is always a certain amount of paying to be done. First of all there is the entrance fee, which is never less than five