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THE GREEN BAG

Master: "Defence in 10 days?" Defendant's solicitor: "Yes, Master." Master: "No counter claim?" Defendant's solicitor: "No, master." Master: ' ' Documents? ' ' Both solicitors: "Large number." Master: "All parties in London?" Both solicitors: "Yes." Master: "Any question of law?" Both solicitors: " No." Master: "Next case." And he at once endorses a few words on the bottom of the summons. Then a defendant appears in person : Master: "Do you owe the £26?" Defendant: "Yes, sir." Plaintiff's solicitor: "We want judg ment for £21 because this morning he paid £$ on account, and he agrees to pay £3 a week, so that we will not issue execution, if he does this." Master: "I'll give judgment generally for £21, but you write defendant a letter stating that you will not issue execution as you have just stated." Another defendant appears in person: Defendant: " I've got no defence, all I want is time." Plaintiff's solicitor: "We'll do nothing until Monday as we think he means to pay." Master: "All right, it is understood you will do nothing until Monday." The details of practices before these Masters would be beyond the scope of the present writing, suffice it to say that rules have been promulgated from time to time, and are constantly being improved upon, having for their object the simplification of procedure, the rapid dispatch of business,

and the settling of all minor questions prior to a case reaching Court for actual trial. Thus, "Order XIV" above referred to, en ables a master to enter judgment when the defence averred, even if true, would not be effectual, or when the defence is obviously frivolous; although of course the rights of the plaintiff are preserved by the privilege of appeal, the judgment, meantime, bind ing his property. Again the "summons for directions," universally called "The omnibus summons, ' ' is for the purpose of hav ing the master give general directions in advance as to how the parties shall proceed and the intervals of time to be allowed for exchange of copies of documents, taking foreign testimony and what not. One of the cleverest contrivances in the "tender of damages in tort without admit ting liability." A defendant may tender, say, £500. If plaintiff does not accept it, the trial ensues, the jury, of course, being in ignorance of the tender. If the judg ment be for defendant, or for more than the tender, that is the end of the matter. But if the judgment be for less than the tender then a large deduction as costs is made from the judgment and inures to the defend ant's benefit. This has enormously re duced the volume of tort trials and has also curbed the often wildly extravagant de mands and unjust results in such actions generally recognized as an evil difficult to deal with. In short, the system of Masters in England works admirably. NOTE. — Lack of space necessitates reserving for the next issue the matter of costs, fees, and busi ness, the cohesion of the profession and some general remarks by the author. — EDITOR.