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A Philadelphia Lawyer in the London Courts

Chapter 9 COURTS OF APPEAL

Word Count: 1995    |    Released on: 01/12/2017

ORDS-DIVISIONAL COURT-JUDICIAL

ectly working tribunal for the adjustment of conflicting rights which the wit of man in any age has devised. It is divided into two parts of three judges each, sitting simu

, as well as in fact, a motion for a judgment the reverse of that rendered below or, in the alternative, for a new trial, and everything whi

for no discoverable reason, but probably due to ancient custom and lack of enterprise, the material is all in manuscript, often illegible and with occasional errors in the copies of the Cou

court and counsel. There is no "orating" and no declamation. The positions of the opponents are stated rapidly and smoothly. Each, as enunciated, is taken up by one or more members of the court and distinct intimation given whether the court agrees

ssociate Lord Justices of Appeal, concurring or dissenting, all expressed with the utmost frankness and spontaneity. These are taken down stenographically, and, after revision,

ntuition upon what points their cases will turn, and one often hears a more or less stereotyped speech delivered to a court sitting like silent images, without the slightest intimatio

ppealed from a judgment for £300. against him for wrongfully evicting his tenant, the plaintiff, and putting his sick wife and furniture out on the sidewalk in the rain. The

owards the Lord Chancellor, he said he was for affirming for an entirely different reason-not because he could not examine the language used below, but rather that he had done so. He then proceeded to rehearse the brutal conduct of the defendant, and wound up by declaring, "If it had been my sick wife and my furniture which had been set out in the rain under the circumstances described, I do not think the English vocabulary contains the language I s

of seats, upholstered in red leather, which rise high up the side walls and upon which the peers sit when legislating, but which are, of course, empty when the court only sit. At the far end is an unoccupied throne, while, at the near end, raised above the floor, is a kind of box from which counsel address the court. It i

ase. Sometimes this is on the front row of benches and sometimes on one of the higher tiers, with a foot propped up, perhaps, on the bench in front, and their thumbs hitched to the armholes of their waist-coats, and, necessarily, with their sides to the speaker. The members of the court often have portable tables in front of them, piled with books and papers. During the course of an argumen

ing rapidity of utterance, in a conversational tone, and with a crispness of articulation altogether delightful to the ear. The drawling style of speech sometimes heard on the stage as typical of a certain kind of E

s those of the Court of Appeal, but the low limit

d above, this is the court of last resort for all of the British Colonies. It should not be confused with the Privy Council itself-a political adviser of the Crown-for the Judicial Committee's functions are purely judicial and its personnel consists of the Lord Chancellor and the other Law Lords, a few paid members, and some Ex-Colonial Judges. Histori

resembling a court room, of a building in Downing Street, and rarely is there

Court-but, nevertheless, an appeal lies from their decisions to the Privy Council in certain circumstanc

in some of which the division of the profession into barristers and solicitors hardly exists

t it has always been the policy, so far as possible, to accept the existing law of each and graft it u

Dutch law. The next case will, perhaps, involve the effect upon an area much greater than that of all England, of the diversion of a river in the Canadian North-West. And the court may next turn its attention to the problem whether th

ants themselves, seem almost petty in comparison with the broad field of the Privy Council. Little as the average man knows of it, and rarely as it figures in news of the day, no Americ

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