Page:The Green Bag (1889–1914), Volume 08.pdf/441

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The Green Bag.

Government prevented Lord Herschell from THE OLD BAILEY, NOW THE CENTRAL setting this precedent, if he. intended to do CRIMINAL COURT. so. An unattached Queen's Counsel, sitting The Old Bailey has played a part of an ex as commissioner, is paid at the ordinary judi cial rates for his services. A county court tremely tragic and interesting character in English juridical history. It was in 1834 judge, acting in that capacity, is merely al lowed his expenses — which are calculated, superseded by statute (4 & 5 Will. IV, c. 36) by the Central Criminal Court, created for the however, on a pretty liberal scale — the con ception of course being that he is already trial of treasons, felonies and misdemeanors in the government service. committed within the city of London, the Each of the circuits has its own Bar, bar county of Middlesex, and certain specified parts of Essex, Kent and Surrey. The judges mess, by whom matters of etiquette and dis cipline arising on circuit are determined. of the Queen's Bench Division, including the A barrister may apply for admission to Lord Chief-Justice of England, sit at the Old a circuit however short or long a time he Bailey. The other judges of the Central has been called; but in general any change Criminal Court are the Recorder of London of circuit must be effected within two and the common serjeant. The Recorder of years after call. In former days it was London is chosen by the Lord Mayor and usual for members of a circuit to attend Aldermen and attends the business of the city the courts in the different assize towns when summoned by the Lord Mayor. The with tolerable regularity. But nowadays Local Government Act, 1888, sec. 42 subj. many men run down only to the towns 14, provided however, that after the vacancy where they either have, or are likely to get next after the commencement of the act " no work. Others still cling to the ancient ways. recorder shall exercise any judicial functions unless he is appointed by Her Majesty to ex Recently the assize system has been ex ercise such functions." This provision first tended, and practically continuous sittings took effect in Feburary, 1892, on the death in London and in the provinces have been established. This change was intended to of the then Recorder, Sir Thomas Chambers. meet the complaints of both metropolitan The present Recorder is Sir Charles Hall, and provincial suitors that they could not M. P. for the Holborn Division of London, get their cases tried. It has not however, and formerly Attorney-General to the Prince worked well, although some of the judges, of Wales. He is a most courteous, compe tent judge, and preserves the mean admirably notably Mr. Justice Vaughan Williams, per formed miracles of expedition in keeping up between undue leniency and excessive sever ity. The common serjeant is also a judicial a va-ct-vient between the circuits and Lon officer of the Corporation of the city of Lon don, and everything points to its abandon don, and is an assistant to the Recorder. The ment in favor of either the permanent local ization of branches of the High Court in the present common serjeant, Sir Forrest Fulton, provinces or the elevation of the status of had a large criminal practice at the bar, and makes an excellent administrator of criminal county court judges, — the High Court be justice, although he is sometimes disposed to coming largely a Court of Appeal. be rather severe. He has great faith in the Neither the Lord Chancellor nor the Mas ter of the Rolls, nor the Chancery nor the efficacy of the " cat o' nine tails " as a deter Probate, Divorce and Admiralty judges go rent from acts of criminal violence, and carries on circuit. The Lords Justices of Appeal his views unfalteringly into practice wherehave frequently done so in recent years for ever the law allows him to do so. When, owing to strong local prejudice against a pristhe relief of the puisne judges.