Page:The Green Bag (1889–1914), Volume 12.pdf/228

 London Legal Letter. tents in the jungle, where the court is on tour, has its pleasant side. There is some English society; riding and shooting are at every one's service, and there are no servants to compare with our native attendants. To go out for a short term of years is no

203

bad policy for a youngster, he learns to hold his own in suits, and gains that practical ex perience of humanity and of the conduct of cases which nothing but actual responsibility can give, and which means success at the Bar all the world over.

LONDON LEGAL LETTER. LONDON, March 3, 1900. Г) KCENTLY in this column reference 1 V was made to the celerity with which business was despatched in the English courts by reason of the fact that no part of the day is taken up by hearing applications or interlocu tory motions, or the argument of demurrers or pleas in abatement in the trial court; the en tire time of the judge, from his entrance into court until he rises for the day, being devoted to the trial of the cases on his list. It may naturally be asked how the judge can rid himself of such applications, or how issue can be joined in any cause, or how it is possible fur a case to be prepared for trial, without such preliminary proceedings. It is accom plished through the intervention of masters, of whom, in the Queen's Bench Division, there are no less than ten. These masters sit practically throughout the year; they are ap pointed for life, and as vacancies occur, by the Lord Chancellor, the Lord Chief Justice and the Master of the Rolls, in rotation; they must be barristers or attorneys of not less than five years' standing, and they receive a salary of ¿£1,500, or $7,500, a year, with a pension on retirement. They have authority to transact any such business and to exercise any such powers and jurisdiction as by stat ute or the rules and practice of the court were, before the act appointing them went into effect, to be transacted and exercised by a judge sitting in chambers — except that they have no jurisdiction in questions relating t0 the liberty of the subject and in respect

of a few other special matters. Six of the masters are selected to attend as masters in chambers during each of the four sittings of the court, and these six, by arrangement amongst themselves before the term begins, select three of their number to sit every Mon day, Wednesday and Friday, the remaining three to sit on Tuesdays, Thursdays and Saturdays throughout the sittings. The four other masters act as practice masters whose special duty it is to be present at, and control the business of, what in this country is known as the " Central Office," which is practically the same as the clerk's office and sheriff's office in an American city. These practice masters give the necessary directions with respect to questions of practice and procedure relating to the business of the central office, and from time to time issue rules and direc tions to govern it. While these rules have no statutory authority, they are nevertheless generally followed, and they save no end of trouble, and prevent the courts from being bothered by details of practice and procedure. The moment a writ has been served and appearance has been entered, the plaintiff "takes out a summons," or, in other words, applies to a master for directions as to the next steps that shall be taken in the action. Notice of the application is served upon the defendant. When the parties have appeared the master examines the endorsement on the writ and hears the plaintiff and the defend ant as to the nature of the action. He then makes such orders as the interests of justice