Page:The Strand Magazine (Volume 1).djvu/404

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THE STRAND MAGAZINE.

judicial office. Ordinary peers, however, have also the right of sitting and giving judgment, and, in consequence of this anomaly, the judges of final appeal have sometimes had the assistance of an eccentric nobleman endowed with a fancy for the law, whose vote has carried as much weight as that of the Lord Chancellor himself. The judicial work of the House of Lords is light. Indeed, it will not be understating the case to say that the House does not dispose of more than sixty or seventy causes in the year. It is thus not difficult to calculate, supposing these cases to occupy an average of half a day, and taking into consideration the salaries of the Lord Chancellor and the Lords of Appeal, together with the heavy pensions paid to ex-Chancellors and other expenses, that the Court of Final Appeal exercises its judicial functions at a cost of something like a thousand pounds a day!

Besides the Lord Chancellor, the Lord Chief Justice is by some legal fiction supposed to exercise control over the judicial bench. As a matter of fact, however, the judges are practically under no control whatever save that of public opinion, as represented by the press, which should never hesitate to expose their shortcomings when they come to light. It is the duty of those on whom, by force of circumstances, the public are obliged to rely to safeguard their interests, not to relax their supervision out of deference to the high repute in which our judges are held. Under the old system, when the Courts of Common Pleas, Exchequer, and Queen's Bench existed, each division had a chief who was responsible for the work of his court and the mode in which it was administered. The judges now hold a meeting, at which they make their own arrangements for circuits and for appointments to the various courts. Although the Lord Chief Justice is supposed to control the order of work, the judges in effect have a free hand as regards their own duties.


Admiralty Court.

With the development of modern civilisation and the increase of democratic strength, the social status of the judges has materially changed, and it is by no means in accordance with "end of the century" ideas to grant them the almost despotic power that they held of old.

The Judicature Act did something towards diminishing their prestige, and nowadays many of them are disappointed perhaps to find that their office does not command a high social position.

Notwithstanding the decadence of the social status and prestige of the judges, on circuit they maintain a pomp and splendour, it is true somewhat tawdry, which finds its only counterpart in the mimic state of the Lord Mayor. Quiet gentlemen who have been accustomed all their lives to carry their own bags down to chambers, suddenly find themselves, after being raised to the Bench and especially when going on circuit, surrounded with unwonted splendour. They are attended by a smart young gentleman who costs the country three guineas a day while the Assizes last, as his reward for acting as judge's marshal, or a sort of groom-in-waiting. If he fulfilled the functions of clerk, perhaps there would not be much cause for complaint; but the judge has a clerk of his own, to whom the nation pays a liberal salary, and the marshal's duties are purely ornamental.

It is true the cost of the splendid equipage, generally drawn by four hack horses