Page:Select Essays in Anglo-American Legal History, Volume 1.djvu/821

 ^0, VEEDER: A CENTURY OF JUDICATURE 807 been familiar in this country : a single form of action for the protection of all primary rights, whether legal or equitable; a limited pleading characterized by a plain and concise statement of the substantive facts; provision for rejoinder of different causes of action and the bringing in of new parties, with a view to the adjustment of the substantial rights of all the parties and the complete determination of the whole controversy in a single action. In some respects this great measure of reform has failed to meet the expectations of its supporters. In accordance with the original design, the chancery judges ceased to be vice-chancellors, and as justices of the High Court took turns with the judges of the Queen's Bench in going on cir- cuit to try common law cases. But the practice was soon abandoned, and the chancery judges now confine themselves to the administrative and other business for which they have special aptitude. Hence the dividing line between the two ancient jurisdictions is still observed. In other respects the original scheme of assimilation has broken down. Probate, divorce and admiralty matters still form a class by them- selves; bankruptcy affairs have a court of their own, and separate courts sit for the trial of commercial and of rail- way and canal cases. (o) The High Court of Justice The establishment of a permanent Court of Appeal under the Judicature Act has served to detract from the relative importance of the judges of the High Court. The presidents of the three great divisions are of course most conspicuous. The presiding judge of the Queen's Bench Division is now the Lord Chief Justice of England. Lord Coleridge, the first chief to assume this title, succeeded Cockburn in 1880. Like Cockburn he was a man of ripe scholarship and polished elo- quence, and as a presiding magistrate he left nothing to be desired in the way of dignity and urbanity. With an intellect quite as strong and with even broader views, he was never- theless inferior to Cockburn in industry and application. He did not seem to enjoy wrestling with principles and author-