Lords on the 21st March, 1854, from the chambers of ViceChancellor Stuart relative to suits brought into his chambers in 1853. This return is well tabulated, showing the titles of the causes, their general object, the date of the decree or order of the Court in each case, the date when such decree or order was brought into chambers, the state of proceedings in each cause at the time when the return was made, the date of the last hearing, the effect of the last order, and, lastly, the cause of delay, where any has occurred. We believe that if returns such as these were made every year on a uniform plan from the chambers of each Judge, showing the totals under each head in a classified manner, the results obtainable would prove of the greatest value; but so long as they are wanting in these elements, the isolated returns are productive of little if any profit. We proceed now to another return from the superior Court of Common Law, dated the 15th of March, 1853, which purports to give the number of writs issued, of appearances entered, of causes tried, of motions for new trials, of motions to arrest judgment, and of writs of error disposed of in 1852, together with a large amount of other statistical details relative to the working of these Courts. This return, however, is very imperfectly prepared. Not only is no effort made to arrange the several matters in a tabular shape, but the different subjects are huddled together by a variety of different contributors, without any regard being paid either to order or usefulness. Every form is bad, and each Court adopts a separate one. One question related to the number of new trials granted during the year 1852, and the return was required to specify how many were granted for misdirection, how many for the improper admission or rejection of evidence, and how many for other causes. This was obviously an important inquiry, as the answer would tend to show, first, whether the rules of evidence were or were not sufficiently intelligible to be safely enforced in practice; and next, whether the judges had discharged their duties of explaining the law with ordinary care and ability. But no answer was in fact given, the Masters excusing themselves by saying that the rules of Court afforded them no means of stating on what grounds the new trials were granted. Another question related to the number of executions issued during the year, and it was required to distinguish in the return between the process against the person and the process against the goods. But here also the Masters of two of the Courts, the Queen's Bench and the Exchequer, declared their inability to make the distinction as prayed. We need not dwell on other defects in these returns, for those cited are sufficient to show that the records of the superior Courts of Common Law, however they may now be kept, were not in 1853 in a satisfactory state. Still, defective as the returns are, we are enabled to gather from them some curious information. Thus it appears that when the number of writs of summons issued from the three Courts at Westminster in the year 1842 amounted to 134,816, they had been reduced very nearly one-half by the year 1852, the numbers in that year being only 71,068. Whether the establishment of the County Courts in 1846 has been the sole cause of this startling diminution of business, it is not for us to determine, but we mention the circumstance as one deserving of attentive consideration. Another interesting fact relates to the manner in which the business is distributed among the three Courts, and furnishes an indication of the comparative popularity of each Court. It appears from the return in question that the 71,068 writs, which were issued in 1852, were made up in the following manner: 21,625 issued from the Court of Queen's Bench, 17,879 from the Court of Common Pleas, and 31,564 from the Court of Exchequer. In some few cases, where Commissions have been issued to inquire into certain Courts, valuable statistical returns have been given in the appendices to the reports. For instance, the Commissioners, who were appointed some time ago to report on the Court of Bankruptcy, furnished excellent tables, showing the number of petitions for adjudication, and for arrangement, the dates of the bankruptcies, and their results, the amount of assets, the expenditure in all its subdivisions, and the number of certificates granted of different classes. But in this, as in other cases of Royal Commissions, the object of the inquiry was of a temporary character, and consequently the information obtained, though not devoid of interest, was comparatively valueless for want of being periodically continued. Another valuable return was published in 1855 by the Court of Prizes, showing the name, master, and tonnage of every ship captured, the nature of her cargo, and the colours under which she was sailing, the names of the capturing ship, and of her master, the date and grounds of capture, the date of adjudication, its result, and the proceeds, &c. This return was of obvious importance, indicating, as it did, the comparative utility of blockade, the working of the blockading squadron, the value of the property captured, and the extent of the injury thereby inflicted on the enemy. But, perhaps, the most valuable and comprehensive of the different returns is that of the County Courts, which, unlike all other returns, has hitherto-thanks to the zeal of a private Member of Parliament, Mr. Fitzroy-been annually made in a manner worthy of special commendation. These returns give the number of plaints entered in each Court, distinguishing those entered for claims exceeding £20; the number of causes tried in each Court, with a similar distinction as to amounts; the number of days each Court sat; the average number of hours comprised in each sitting; the number of Courts held before a Deputy Judge; the amount of moneys for which the plaints were entered, and that for which judgment was obtained, exclusive of costs; the amounts of such costs; the amount of Court fees; the amount of moneys paid into Court both before and after judgment; the number of causes tried in each Court by a Jury; the number of executions issued, whether against the person or against the goods; and several other particulars. Previous to the year 1854, these returns also specified the number of plaints entered and causes tried under the optional clause of the Act of the 13th and 14th of Vic., c. 61, as well as the number of appeals brought, and the results of such appeals. In the returns of 1854, however, information on these important heads has either been designedly or accidentally omitted, and we allude to the fact, because the omission, in our opinion, ought without delay to be remedied. We strongly recommend all persons, who feel an interest in judicial statistics, to examine carefully these elaborate returns from the County Courts, as they show not only the ease with which the most varied information may be reduced into a statistical form, but also the extreme utility of bringing out perspicuously, in a tabular manner, facts which could scarcely be made intelligible by any more general statement. The A comparison of the returns thus sparingly, and at random, given by our Courts of Justice with what is done on the subject in other countries, may here be useful and suggestive. Professor Levy's paper has referred to the judicial statistics of France. These are annually presented, in two volumes, by the Minister of Justice to the Emperor, one volume on Criminal Statistics, and the other on Civil and Commercial Justice. tables in both volumes are preceded by a report commenting on the facts, and showing by comparison and calculation the state and progress of society, as well as of the Courts of Justice. It may be observed that the utility of these documents mainly depends on the ability with which they are drawn up Casual readers of such voluminous accounts are startled at the abundance of materials furnished, and scarcely able, unless assisted by competent and scientific persons, to elicit the real lessons which they afford. The volume entitled "Compte Général de l'Administration de la Justice Civile et Commerciale en France pendant l'année 1853" is divided into four parts. The first relates to the Court of Cassation or principal Court of Appeal, and shows the number of decrees given, classified according to the subject-matter, and distinguishing the Court or Tribunal from which the appeal was made. The second part relates to the Imperial Courts, giving the same classification. The third furnishes an account of the Civil Courts with more minute distinctions, giving under each head the number of causes tried, the number of judgments given respectively for plaintiffs and defendants, and the number of interlocutory orders. Under this head, the account gives the number of causes pending in each district, a classification of such causes according to their subject-matter and their dates; new suits enrolled for the first time; and the suits brought before the tribunal without having been enrolled at all. The results of these causes are also stated, as well as the form and manner in which suits have been tried, settled or abandoned. The duration of the suits is given, distinguishing into separate classes those which have lasted less than three months; those from three to six months, from six to twelve, and from one to two years, or more than two years. A voluminous table is given of the area, population, and amount of assessment of each department, the numbers and composition of the tribunals therein, and the amount of work done in civil, commercial, and criminal matters. In addition to much other interesting matter, another table is given, classifying the different Civil Tribunals, and showing the comparative amount of work done by each in the current year, and in four preceding years. Then accounts, similarly precise and complete, follow, regarding the Tribunals of Commerce, including their bankruptcy procedure, the number of partnerships enrolled during the year, and the number of forced arbitrations. The bankruptcy statistics show the number of bankruptcies in each department during the year, the amount of the debts and assets, distinguishing personal and real estate, and exhibiting the dividends paid. There are also tables showing the number of promotions to the judicial rank, and the changes which have taken place in every branch of the Judicial Officers. Such is an epitome of the information regularly published every year in France, Belgium, Sardinia, and most of the continental countries. These statistics afford the best and most authentic evidences of the social and moral progress of the nation, and furnish the safest guide to the legislator as well as to the historian and philanthropist. The Committee beg to recommend the following resolutions for adoption by the Society : 1st. That it is desirable to obtain accurate information respecting the judicial organization of the United Kingdom. 2nd. That the first step which should be taken for this purpose is to ascertain the number of our Courts of Justice; the nature of the Law administered in each Court, whether it be Common Law, Equity, Ecclesiastical Law, Criminal Law, Civil Law, or otherwise; the geographical limits of the jurisdiction of each VOL. I. NO. II. 3 H |