Page:The Green Bag (1889–1914), Volume 12.pdf/227

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T/ic Green Bag.

patient court. It is a curious scene, to see a stuff gown go fluttering in and .about, followed by a queue of more or less clad clients. The courts themselves are strange, informal places. Like a schoolmaster, on a dais, sits a European in flannels or riding kit, his native reader at his side; in front, beyond a barrier, are a table and seats for counsel (rough and meager accommodation), a wit ness-box, and a dock : a native is squatting in a corner minding files of cases or writing summonses. If a case is proceeding, each witness in turn, as he comes in from the open compound, is made to sit in the court until after the other witnesses have been examined, other wise possible matter for cross-examination would suffer. All the examination is in the vernacular, but the court is addressed in Eng lish, and records the substance of the evi dence in that language; or the case may be before a native judge, when the scene be comes more or less of an Asiatic " at home." In the appellate courts matters assume a more civilized and Western air. As long as his means last a native appeals, no matter how trifling the dispute, and thus in a great number of instances the decision of a case has passed through three sets of hands. The personal equation is a great consideration in the mofussil, and it can hardly be expected that every Cincinnatus taken from the plough of executive work will prove another Sol omon. If the English barrister has, as is very pos sible, more appellate than original work, he will find his life " in chambers " passed in reading judgments, on behalf of the losing party, who desires to be assured that he will win on appeal. Appeals on the most trifling values are sometimes brought by the smallest cultivators. The great subject of civil liti gation is land, and for this, no matter how small the area, the fight is to the bitter end. The tenure of land is the backbone of the mofussil civil courts combined with the facts of adoption and inheritance.

The mofussil barrister passes his legal life in an atmosphere of ideas, which are as re mote from that of his own existence as fact frpm fiction. //Then there are the criminal courts, and here the idiosyncrasy of the native comes into full play. His great idea is to use the penal code as a weapon of offence and de fence against his civil opponents. To give an example. In a dispute about land each party will hope to run the other in for crimi nal trespass, or something similar, as a pre liminary canter, in the hope that, besides causing annoyance, that course may possibly provide evidence for the civil suftX,Of witnesses little can be said, the coun sel has to work with the stuff given him. All that neftl be said is that each side pro vides its own, and that counsel has no depo sitions, neatly taken by the solicitor, to go upon, and in a criminal suit prays devoutly and often that he were being duly instructed like his brother of the Bar at home. But the English barrister is not the only legal practitioner — he may have Hindoo brethren; and, in addition, there are native advocates and pleaders in swarms, the advo cates being legal practitioners, entitled to practise in the Presidency High Courts, and the pleaders being locally enrolled. They are legal quibblers and word-spinners, " con gress-walas," almost to a man. Individually they are agreeable and pleasant, and as friendly as is possible, considering that there is the great gulf of " no meals together " fixed between them and the Christian and Mussul man. Professionally, their competition is of the keenest, and the English barrister has formidable rivals to fear. It is only the start which is easier for him. With regard to the work itself, there is a weird fascination in the nature of the cases — witchcraft and astrol ogy, the strange ceremonies of adoption and funerals — something new and curious is constantly occurring. Besides, there are many amenities of life to put against the climate; even going out for cases to the white