Page:A hundred years hence - the expectations of an optimist (IA hundredyearshenc00russrich).pdf/266

 to pay his solicitor more than his solicitor can obtain leave from the taxing master to collect from the other side; while if (as not infrequently happens) the other side cannot pay, the costs awarded by the Court have to be borne by the winner of the suit. It is a frequent reply of dishonest defendants, when threatened with legal proceedings, that they "will meet the plaintiff in the Bankruptcy Court."

On the other hand, a man will often submit to oppression rather than be subjected to the expense of even a successful defence. Every litigant who maintains his right, whether as plaintiff or defendant, renders very much the same service to the public which we often hear applauded on the part of persons who "come forward to prosecute" in criminal or misdemeanour cases. He is assisting to make probity profitable and evasion dangerous; in other words, he is subserving public morality and helping to repress dishonesty. It would be much to the public advantage that his costs should be borne by the public purse, and borne generously, every expense legitimately incurred being allowed him. Logically, he ought also to receive a sufficient, and even a fairly liberal, solatium for his trouble and loss of time: and an honest loser ought to be able to receive a certificate from the court entitling him to the same amenities, the withholding of which would constitute a deterrent penalty against factious