Lo 
 
 CASSELL R COMPANY, LIMITED
 
 UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES 
 
 SCHOOL OF LAW 
 LIBRARY
 
 HINTS TO HONEST CITIZENS. 
 
 ABOUT 
 GOING TO LAW. 
 
 BY 
 
 ARTHUR JOHN WILLIAMS. 
 
 J \\\ 
 
 CASSELL & COMPANY, LIMITED 
 
 LONDON, PARIS, NEW YORK & MELBOURNE. 
 1885. 
 
 JAI.L RK1I1TS KKSKKVE1). ,
 
 T 
 u) 
 11*5*
 
 PREFACE. 
 
 IT has been my lot for many years to sit in oui 
 law courts whilst civil disputes have been tried, 
 and whilst those accused of criminal offences have 
 been put upon their deliverance. During all these 
 years the prevailing feeling in my mind has been 
 that of sadness at witnessing the misery and ruin 
 to say nothing of the pain, mortification, and 
 vexation, caused through the want, on the part of 
 those who were the chief actors in the business, of 
 information which they ought to have been able to 
 obtain. The following pages are an attempt to 
 supply some of this information in a simple and 
 intelligible form. I think I may venture to say 
 that so far as it goes it is trustworthy, and will,
 
 though popular in expression, bear the criticism of 
 the exact lawyer. It may be as well, however, to 
 add, that it will be found of service only to honest 
 men. My friend Mr. William Evans, of 3, Essex 
 Court, Temple, author of " The Law of Principal 
 and Agent," has kindly gone through the proofs 
 to see that my law has not become rusty, and has 
 made several valuable suggestions. 
 
 March, 1885.
 
 CONTENTS, 
 
 CHAPTER T. 
 
 HOW TO AVOID GOINO TO I,A\V. 
 
 Why Lawsuits are undesirable How they originate Hints for 
 those who enter into Business Negotiations How to safeguard 
 Correspondence The Legal Adviser Importance of Exactness 
 in Business Transactions Agreements and Letters The Statute 
 of Frauds Its mischievous Provisions Libel or .Slander Cases 
 "Character" of Servants or Employes Assault and Battery 
 
 How to act when a Claim is made against You With a View 
 
 to Settlement Submitting to Arbitration Objections to Refer- 
 ence Consulting the Solicitor How to act when a Writ has 
 been served Taxes upon Justice . . . , . ,11 
 
 CHAPTER II. 
 
 HOW TO KESIST AN UNFAIH C'LAIM. 
 
 In the County Court How to act on the Day of Trial "What your 
 Witnesses can prove Compelling the Attendance of Witnesses 
 The County Court Officials Undefended Cases The Plaintiff's 
 Case Judges and Judges What a competent Judge can do 
 The Plaintiff in the Box Leading Questions Cross-examina- 
 tion Apparent False Swearing How to put your Questions 
 The Defendant's Case Defendant in the Box His Witnesses 
 The Judge's Summing-up The Decision How to act under 
 Defeat Applying for a Rehearing Actions in the High 
 Court Personally-defended Cases 55 
 
 CHAPTER III. 
 
 HOW TO ASSERT A JUST CLAIM. 
 
 How to act when you are the Plaintiff Personal Considerations- 
 The Procedure in the County Court High Court Difficulties 
 Aim at a reasonable Settlement .... ,91
 
 viii MlOrr tiOJNG TO LAW. 
 
 CHAPTER IV. 
 
 HINTS TO WITNESSES. 
 
 How you may conic to be a Witness Caution as to Witnessing of 
 Signatures The Witnessing of a AVill Hints to Accidental 
 Witnesses Prudence of making a Memorandum of Facts and 
 the Like Compulsory Attendance as aWitness The Subpoena 
 Rate of Expenses Penalties for neglecting the Subpoena 
 Minor and Grave Offences Witnessing on Summons or under a 
 Warrant Scale of Expenses for Professional and Ordinary 
 Witnesses Hardship of the System Taking down your Evi- 
 dence Hints about Depositions What to do w T hen your Case 
 comes on In the Witness-box Taking the Oath Examina- 
 tion-in-Chief Leading Questions Cross-Examination Brow- 
 beating Attempts to Discredit -Conflicting Evidence Re- 
 Examination Production of Writings Notices to Produce . 9" 
 
 CHAPTER V. 
 
 HINTS TO JURYMEN. 
 
 Liability to serve Special Juries Persons exempt Tury Lists 
 
 Defects of the present System The Grand Jury Common 
 and Special Jurors The Swearing-in The Foreman Hints 
 to Jurors during a Case Tin Summing-up Considering the 
 Verdict Certificate of Service ....... 145 
 
 CHAPTER VI. 
 
 THE POLICE COURT. 
 
 A Word of Advice Before the Magistrate Cost of a Summons 
 
 Hardships of the Fee System .173 
 
 APPENDIX ........... 179 
 
 INDEX ... .183
 
 ABOUT GOING TO LAW. 
 
 CHAPTER I. 
 
 HOW TO AVOID GOING TO LAW. 
 
 Why Lawsuits are undesirable How they originate Hints for 
 those who enter into Business Negotiations How to safeguard 
 Correspondence The Legal Adviser Importance of Exactness 
 in Business Transactions Agreements and Letters The 
 Statute of Frauds Its mischievous Provisions Libel or 
 Slander Cases " Character " of Servants or Employes 
 Assault and Battery How to act when a Claim is made 
 against You With a Yiew to Settlement Submitting to Arbi- 
 tration Objections to Reference Consulting the Solicitor 
 How to act when a Writ has been served Taxes upon Justice, 
 
 I CANNOT begin my advice to honest citizens better 
 than by advising them how to avoid going to law. 
 For a lawsuit is a serious misfortune. Apart from 
 the proverbial uncertainty of the law, the settle- 
 ment of a dispute by litigation is a most worrying 
 matter. It tries the temper, it affects the health, 
 it wastes time, and, even where successful, it is 
 expensive. Those who have not found out by 
 experience what going to law means, think that if
 
 12 AKOJTT GOTNG TO LAW. 
 
 they win a lawsuit the other side will have to pay 
 everything. They are sadly mistaken. Unless it 
 is a trifling matter, such as a County Court case, in 
 which no lawyer's help has been obtained, the 
 successful party has always to pay more than the 
 costs which his opponent pays him. 
 
 Then, again, when litigation begins, no one 
 knows not only how, but when and where it will 
 end. He who goes to law with clear right on his 
 side may find that his case involves some curious 
 point of law never yet decided. This fills the 
 minds of all clever lawyers who have to consider 
 it with profound satisfaction. It is adroitly 
 carried, amid endless argument, from one court to 
 another until it reaches the House of Lords. By 
 the time that august judicial assembly has decided 
 it, the man with the clear moral right on his side, 
 whether the decision is in his favour or against 
 him, has probably been ruined. 
 
 In every lawsuit there must be two parties : 
 the plaintiff, who has a claim, the defendant, who 
 disputes it. It is clear that no one need go to law 
 that is begin a lawsuit unless he chooses. But 
 the person who disputes a claim is differently
 
 HOW TO AVOID GOING TO LAW. 13 
 
 situated. He, of course, caunot begin litigation. 
 The positions of one who has a good claim against 
 another, and of one against whom a claim is 
 unfairly made, are in many ways different. But 
 with respect to precautions foi avoiding litigation 
 there are some general rules which apply equally to 
 both. These I will now deal with. 
 
 Most of the disputes which lead to lawsuits 
 arise, broadly speaking, from business transactions, 
 such as the purchase of goods, the hiring of 
 servants, the taking of a house, and so on. Now, 
 the first general rule for avoiding litigation, is to 
 be quite clear in your own mind when you begin, or 
 at all events before you finish, the negotiation, as 
 to what it is you want. This, no doubt, sounds 
 like a truism. Nevertheless, nothing is so common 
 as indefmiteness, even in the most ordinary affairs, 
 and nothing causes so much mischief. 
 
 The second general rule for avoiding litigation 
 is to make what you want clearly known to the 
 person with whom you are dealing. Take a 
 familiar example. You are furnishing a house, and 
 see an article of furniture which you think will suit 
 you. But you don't want to commit yourself to
 
 li ABOUT GOING TO LAW. 
 
 buying it without seeing whether it does really 
 suit. The seller wishes to conclude the bargain at 
 once. His interest is to have the transaction treated 
 as a sale. Be careful in such a case to make it dis- 
 tinctly understood that the article is to be sent on 
 approval. And unless its price is very trifling) 
 make no bargain at the shop ; but wait till you get 
 home, and then state by post-card or by letter of 
 which you will, of course, keep a copy that you 
 are willing the article should be sent on approval; 
 because another important rule for avoiding litiga- 
 tion is that where the matter is of any importance, 
 the terms had better be in writing. And whenever 
 the negotiation involves not only an exchange of 
 proposals, but legal obligations as, for instance, 
 where you are coming to terms for taking a lease of 
 a house begin the first letter of any correspondence 
 by saying, "It must be distinctly understood that 
 nothing is to be binding on either side until the 
 terms, if any, which may be finally arranged have 
 been put into writing, and signed by both parties." 
 This will protect the writer against the serious risk 
 of suddenly finding that he had entered unwittingly 
 into a binding agreement. It also as it in fairness
 
 HOW TO AVOW GOING TO LAW. 15 
 
 should do equally protects the other side against 
 this risk. At the same time it leaves both parties 
 quite free, not only until they are themselves at one, 
 but until each has had the opportunity of making 
 sure, by consulting his solicitor, that there are no 
 legal difficulties or dangers in the proposed terms 
 which he had not realised. I may mention that I 
 have had repeated practical experience of the value 
 of this provision. 
 
 For these pages, which are intended to serve 
 those who are not lawyers, are by no means 
 intended to make them their own lawyers. Their 
 object is to save them from going to law, not 
 from going to lawyers when the occasion really 
 makes it desirable that they should do so. That 
 occasion occurs whenever something has to be done 
 which requires special legal knowledge. There is 
 no need for special legal knowledge in choosing a 
 house, in judging whether it is suitable, or as to 
 its condition, or as to the reasonableness of the rent 
 or premium. These are matters about which he 
 who is looking out for a house ought to be able to 
 decide for himself. And he may safely do so, if he 
 takes care at the outset of the business to use some
 
 16 AVOUT GOING TO LAW. 
 
 such words as I have just given. When, however, 
 the terms have heen thus provisionally settled, the 
 sooner he goes to his solicitor the better. 
 
 It may be as well here to say something on 
 the important subject of the legal adviser. When- 
 ever you want legal advice take great pains to 
 secure the best you can get. Even in view of 
 possible litigation, those solicitors who have most 
 to do in the way of lawsuits are, as a rule, to be 
 avoided. I say, as a rule, for of course there are 
 many exceptions. But it will generally be found 
 that the safest and most useful solicitor is he who 
 has a good, quiet, private practice, and whose 
 name appears rarely in actions at assizes. Men 
 of this stamp are averse to litigation both from 
 principle and from inclination. If all the legal 
 work of the country were in their hands there 
 would be much less litigation than there is at 
 present. Through their good offices a vast amount 
 of litigation is avoided. For when a client who 
 has got into a dispute comes to them, their efforts 
 are always directed towards settling it. They 
 may not be so knowing about the details which 
 your sharp lawyer has at his fingers' ends. But
 
 lln\V TO AVOID GOTNU- TO 7,. in*. 17 
 
 they treat an action as a kind of legal disease 
 which should be stopped as soon as possible, whilst 
 the sharp lawyer is too apt to regard it as an 
 interesting case full of profitable chances for 
 making costs in the cause. On the whole, there- 
 fore, the steady- going respectable solicitor is not 
 only the safer, but the cheaper adviser. Having 
 chosen a thoroughly trustworthy solicitor, never, 
 if you can help it, enter into any binding engage- 
 ment of any importance until you have consulted 
 him. It is impossible, of course, to lay down any 
 rule as to the stage at which you should consult 
 him. This will depend very much on the nature 
 of each transaction, and you must exercise your 
 good sense and discretion as to this, bearing in 
 mind that if you have preceded your negotiation 
 with the words already given (p. 14), you need not go 
 to him until all the terms are pretty well arranged. 
 It is plain, however, that in by far the largest 
 class of business transactions the introduction of 
 such words would be quite out of the question. 
 The vast business of this country could not be 
 carried on at all if every contract was submitted 
 to a lawyer, and if every possible contingency had
 
 18 ABOUT (WING TO LAW. 
 
 to be guarded against or provided for. There is, 
 indeed, a curious prejudice, in commercial circles, 
 against legal interference in ordinary business 
 affairs. The shrewdest man of business will not 
 hesitate to conclude by a letter or even a telegram 
 negotiations which involve many thousands of 
 pounds. Most of the enormous commercial en- 
 gagements of this country, to the extent of millions 
 daily, are thus entered into, and a large proportion 
 of the engagements thus entered into might be 
 repudiated on technical grounds. The positive 
 morality of commerce is, however, strong enough 
 to enforce them. Any attempt to evade such 
 engagements on the ground that they are not 
 legally binding would practically ruin the position 
 of a firm. It is mainly due to this that the 
 countless commercial transactions of this kingdom 
 gave rise to only 1,798 trials in our Common Law 
 division of the High Court of Justice during the 
 year 1880. Of these 1,008 were tried in London 
 and Westminster, whilst 790 were tried in the 
 provinces, and in 650 out of these 1,798 cases, 
 none of the verdicts were for more than 100 ! 
 
 The very loose way, however, in which business
 
 HOW TO AVOID <iOINfi TO LAW. 19 
 
 is done and contracts are made is a constant source 
 of misunderstanding. The habit of exactness, 
 therefore, cannot be too carefully studied. In our 
 country, where the law has never been reduced 
 to anything like a systematic code, it is not to 
 be expected that men intended for commerce or 
 manufactures should master our commercial law as 
 the Germans do theirs. I should, however, strongly 
 advise any one who intends to place a son of his in 
 business to place him first in a solicitor's office for 
 a year, and then, if he can manage it, give him a 
 year in the chambers of a barrister who has a good 
 commercial practice. Large firms, particularly 
 those firms which are engaged in transactions 
 involving contracts, such as charterparties or forward 
 contracts, which have to be very carefully drawn up 
 so as to meet constantly changing conditions, would 
 do w r ell to take into the business one of the many able 
 men who have qualified themselves for, but have 
 not yet obtained, practice at the bar. I know of 
 more than one instance in which such men have 
 become members of great firms, and have proved to 
 be of invaluable service. Their legal knowledge, 
 tempered by cultivated intelligence and a high moral 
 B 2
 
 10 ABOUT GOING TO LAW. 
 
 tone, enables them to hit the happy mean between 
 the higgling of the mere solicitor and the heedless- 
 ness of the ordinary man of business. They will, 
 of course, not choose such a man merely because he 
 is a good lawyer. He may be the best lawyer at 
 the bar, and yet if he is a mere lawyer he will be 
 worse than useless. He must be a man of good 
 common sense, with an aptitude for affairs and for 
 doing the everyday work of the world. 
 
 I have said that these pages are not intended 
 to make those who may read them " their own 
 lawyers." But there are some rules ignorance 
 of which often causes much serious mischief. It 
 is most desirable, therefore, that their practical 
 bearing upon the ordinary affairs of life should be 
 as widely known as possible. The first of these 
 rules is that where the terms of any agreement have 
 been put into writing-, the agreement can only be 
 proved by the production of the writing. The 
 practical bearing of this rule is sufficiently clear. 
 If you ever do carry on a negotiation by letter, 
 take care that you keep an exact copy 1 of your own 
 
 1 A press copy will of course be the best copy. Sturge v. 
 Buchanan, 10 Ad. & E., 598,
 
 UOW TO AVOID GOING TO LAW. -21 
 
 letters, and that you also keep every letter you receive 
 in reply. Tt is possible that this correspondence 
 may come to be an agreement; 1 though, as I have 
 already said, it is much better where the matter is 
 of any importance that you should expressly guard 
 against this possibility. 2 But in any case it will be 
 the material out of which the final agreement will 
 have to be drawn up. Our law has provided certain 
 exceptions and qualifications which are intended 
 to prevent this rule from w r orking injustice. I 
 shall deal with them in another chapter, but what 
 should be borne in mind is that if this rule is care- 
 lully observed, the necessity for considering these 
 exceptions and qualifications will be avoided. 
 
 The practical effect of another rule is that where 
 goods to the value of 10 or more are sold or 
 agreed to be sold, the bargain cannot be enforced 
 unless the person against whom it is sought to be 
 enforced has signed a memorandum which embodies 
 
 1 If so, be sui-e that within fourteen days it is taken to Somerset 
 House, or if you live in the country, to the Distributor of stamps for 
 the district, and stamped with a sixpenny stamp. If not, it can be 
 given as evidence only on payment of a penalty of 10. Agreements 
 for the sale of goods need not be stamped. 
 
 2 See ante. p. 11.
 
 22 ABOUT GOING TO LAW. 
 
 the terms of the agreement. Thus, if you are 
 buying goods, the price 1 of which is 10 or 
 more, and you wish to hold the person who has 
 sold them to his bargain, you must unless you 
 pay for them at the time get him to sign a 
 memorandum, or, if the business is done by 
 correspondence, a letter, agreeing to sell the goods. 
 If the business is done by correspondence the letter 
 signed by him need not of course embody the 
 terms if it refers to the other letter or letters in 
 which the terms are contained. This applies also 
 to negotiations conducted by telegraph. When a 
 person sends a telegram and writes his name as the 
 sender, it is the same as if he signed his name to a 
 letter. 2 
 
 Whether the terms are contained in a memo- 
 randum or correspondence they should be made as 
 clear as possible. Material things to be stated are 
 the names of both parties, 5 the goods which are the 
 
 1 I use the word "price," for though Lord Tenterden's Act 
 (1 Geo. IV., c. xiv., s. 7) extends the enactment to contracts where 
 the goods are of the " value " of 10, in the ordinary business of life 
 the price is stated. 
 
 2 Godwin v. Francis. L. R. 5 C., P. 295. 
 
 ' Champion v. Plummer, 1 B. & P. 252. Newell v. Radford, 
 L. R. 3, C. P. 52.
 
 1WW TU AVOW (JUIXG TO LAW. 23 
 
 subject of the bargain, 1 and the price/ Where no 
 price has been agreed upon, it cannot of course 
 be stated, and need not be stated. If, for instance, 
 you write to a coachmaker " Build me a fashion- 
 able and handsome landau," you are bound by the 
 letter though no price is named: 5 But if you are 
 a prudent person you will conclude no bargain 
 until the price has been definitely settled. Pro- 
 vided the terms are clearly stated, it does not 
 matter how they are expressed. If, for instance, a 
 traveller calls on you, and you give him an order, 
 and he enters it in your book as follows " Mr. N. 
 (meaning you), 3~ sacks of Hour at 39s., to wait 
 order," and puts his initials at the foot, this 
 memorandum binds his employer. 4 But it required 
 expensive litigation to decide that this very bald 
 entry was sufficient ; and I repeat that care should 
 be taken to make the terms quite clear. 
 
 There is probably no class of business trans- 
 actions which has given rise to more vexatious 
 
 1 Sari v. Bourdillon, 26 L. J. C. P. 78. 
 
 2 Elmore v. Kingscote, 5 B. & C., 583. 
 
 3 Hoadley v. McLaiue, 10 Bing., 482. 
 
 1 Newell v. Radford, 3 C. P. (L.R.) 52.
 
 24 ABOUT GOING TO LAW. 
 
 litigation than those which come within this rule 
 of our law. It was laid down in an Act of Parlia- 
 ment 1 made more than 200 years ago. The title 
 of this Act is " An Act to Prevent Frauds and 
 Forgeries," and it is commonly known as the 
 Statute of Frauds. It deals with many other 
 matters than contracts for the sale of goods, with 
 which alone we are now concerned, and it was declared 
 by its author 2 " that it was an Act every line of 
 which was worth a subsidy." Another person 3 has 
 said much more correctly that " every line of it has 
 cost a subsidy." Instead of preventing frauds and 
 perjuries it has been the source of endless frauds 
 and perjuries. For two centuries the ingenuity 
 and astuteness of trained legal minds have been 
 devoted to the work of evading by nice distinctions 
 the arbitrary rules it has laid down, rules which so 
 far as they are wise in principle should have been 
 left to the common sense of mankind to work out. 
 I am not now speaking only of this clause about 
 contracts for the sale of goods worth 10 and more; 
 I am speaking of all those of its provisions which 
 
 1 29 Charles I., c. 3, s. IT. 2 Lord Nottingham. 
 
 s Taylor on Evidence. 2, 870.
 
 HOW TO AVOID GOING TO LAW. 25 
 
 render it necessary that certain engagements which 
 come within the ordinary dealings between man 
 and man shall not be binding unless reduced into 
 writing and signed by the person who is to be 
 charged. Take, for instance, a case where a man 
 you know comes to you and says, " I have a young 
 relation who is setting up in business. I will 
 answer for his paying for any goods you may 
 supply him with up to 100." You consider his 
 guarantee sufficient, and say you will do so. But 
 under ordinary circumstances you will add that in 
 order to prevent the possibility of misunderstanding, 
 he had better write you a letter to that effect. 
 Suppose, however, that for some reason you do not 
 take this precaution. The goods are supplied. The 
 young man fails. His guarantor, though the fact 
 that he had given you his undertaking is clear, is 
 able to repudiate it. And why? Because there is 
 a section in this Statute of Frauds 1 which provides 
 that a man who has given such a guarantee may 
 snap his fingers at you if it is not in writing and 
 signed by him. The time is, I hope, not remote 
 when the true principle which should be applied to 
 
 1 S. I.
 
 2(j ABOUT GOING TO LA\Y. 
 
 this branch of our law of evidence will be adopted; 
 namely that no direct evidence of a fact which is 
 to be proved shall be excluded, but be accepted for 
 what it is worth. 
 
 The above observations have assumed that you 
 are buying or ordering goods. They are, however, 
 equally applicable where you are selling or taking 
 an order for goods. If the transaction is not com- 
 pleted either by payment for the goods or by their 
 being taken away, you will have no hold upon the 
 purchaser unless you take the precaution I have 
 already explained. I have not thought it necessary 
 to say anything of the exceptions of the 17th Sec., 
 which make the contract ''good if the buyer accept 
 part of the goods or gives something unearned to 
 bind the bargain or in part payment." They are 
 of no practical importance, and would only perplex 
 the reader. 
 
 In all cases where you are entering into engage- 
 ments for the sale or purchase of goods which are 
 to be made or which are to be supplied at intervals, 
 the greatest care should be taken to state the 
 terms precisely. The safest course is to avoid such 
 engagements as far as possible where the goods are
 
 7/cjir TO AY01U G01XG TO LAW. -11 
 
 subject to considerable fluctuations in price, as is 
 the case in many of our g % reat staple industries. 
 
 In many instances, however, forward contracts 
 of this kind are absolutely necessary. A railway 
 company must make provision for the supply of 
 coal and other stores in advance of its immediate 
 daily wants. A manufacturer must equally make 
 arrangements in advance for the supply of raw 
 material. But I am convinced, from long observa- 
 tion of the course of business in many of our 
 largest branches of trade, that he does best in the 
 long run who anticipates the future as little as 
 possible, and enters into engagements both as buyer 
 
 A. O O */ 
 
 and seller only for a reasonable time ahead. 
 
 I have dealt hitherto with ordinary business 
 transactions. But there is another relation of life 
 in which much mischief is often done and much 
 vexatious litigation caused through the non- 
 observance of one or two rules of our law which 
 have been laid down by our judges with reference 
 to what we are justified in saying or writing 
 about the character or conduct of our neigh- 
 bours. These rules, like most of the law which, 
 instead of being made by Act of Parliament, has
 
 28 ABOUT GOING TO LAW. 
 
 been made by the decision of great judges, are 
 founded upon wise and broad views of what is 
 fair and reasonable. They are, indeed, such rules 
 as discreet and honourable men would lay down 
 for themselves. It is not necessary that I should 
 attempt to explain the nice distinctions which our 
 courts have made between written libel and spoken 
 slander. I need only state here for your guidance 
 the practical effect of these rules. Broadly speaking, 
 then, our law says that if any one has done what is 
 wrong or foolish you may make known the fact. 
 But it has added this important condition, that 
 you will be liable to an action for libel or slander, if it 
 appears from the surrounding circumstances that on 
 making known this fact you have been influenced by 
 malicious motives. Substantially the law says, what 
 common sense and right feeling say, that you are 
 not justified in making known what is or seems to 
 be to the discredit of your neighbour, unless 
 there are circumstances which render it a moral 
 duty on your part to do so. The judges have 
 interpreted this rule very widely. 1 But the only 
 
 1 They have decided that if a parishioner hears anything said 
 which affects the character of her rector and another person, she
 
 110 W Td AVOU> GOL\'(r TO LAW. 2Jt 
 
 occasion on which you can properly and pru- 
 dently express an opinion of the character or 
 conduct of another is when he or she has been in 
 your service, and you are asked to express your 
 opinion by an intending employer. You will do 
 wisely to adhere strictly to this rule, and never 
 volunteer an unfavourable opinion of any one, 
 except in the case of very intimate friends, on 
 whose discretion you can completely depend. Even 
 then you had better keep your opinion to }-ourself, 
 unless you have reason to think that your friend 
 may suffer through your withholding it. When 
 asked for your opinion, if your reply must be un- 
 favourable, take care to mark your letter "private 
 and confidential." It is one of the few occasions 
 on which these much-abused words may be fairly 
 used. You will, of course, be careful to say nothing 
 of which you are not quite sure. You have no 
 right to take a character away upon mere surmise. 
 
 is not liable to an action for slandering the other person if she 
 goes and repeats the story to the rector (Davis v. Snead, 5, 
 Q. B. L. B., 608), so that he might have an opportunity of clearing 
 his character. This privilege of telling the person affected ill- 
 natured gossip is one which seems very questionable. (See also 
 Lawless r. Anglo-Egyptian Co., 4. Q. B. L. R. 262.)
 
 Mo ABOUT GOING TO LA]]'. 
 
 And even in stating facts as to the certainty of 
 which you have no doubt, be sure that you do not 
 overstate them. 
 
 There is no moral duty more difficult to dis- 
 charge properly than that of expressing opinions as 
 to character, particularly in the case of domestic 
 servants. It speaks well for human nature that, as 
 a rule, masters and mistresses are more impressed 
 by the good qualities of servants who are leaving 
 them than by their defects. But it should be as 
 widely known as possible that an ill-natured master 
 or mistress has not, as is very commonly supposed to 
 be the case, the power to blast the future of a servant 
 who has caused displeasure. The employer is liable 
 to an action for libel if the expressions either in the 
 letters, or in the surrounding facts of the case, show 
 that there has been actual malice, even though the 
 statements made are true. 1 There is another hard- 
 ship to which servants are exposed. Occasionally 
 an employer refuses to give a character, though he 
 has nothing to say against the servant. Such a 
 refusal may be absolute ruin to the servant. There 
 does not seem to have been any case in which it has 
 
 1 Spill v. Maule. 4 Ex. (Ex. Cli.) L. B. 232.
 
 HOW TO AVOID GOTXG TO LAW. 31 
 
 been decided that an employer can be compelled to 
 give a character. But I think such a refusal is at 
 all events, it ought to be a wrong for which a 
 servant against whose honesty and trustworthiness 
 nothing can be said should be entitled to damages. 
 There is another unpleasant incident to which 
 every one is liable. Circumstances may occur in 
 which no amount of temper or forbearance can save 
 you from being assaulted. The most peaceable citizen 
 is liable to be wantonly attacked. In that case all 
 he can do is to defend himself. But assaults do 
 frequently occur where the person assaulted, and 
 improperly assaulted, might, nevertheless, by the 
 exercise of judgment and forbearance, have pre- 
 vented the assault. There are, however, scarcely 
 any cases in which you are called upon to begin an 
 altercation. I say scarcely any, for there are some. 
 I take it to be the duty of every Englishman, to 
 interpose whenever he sees woman, child, or 
 animal, subjected to brutal treatment. Even then 
 resolute remonstrance is generally effectual without 
 direct interference. As a rule, however, always stand 
 aloof from street "rows." You will, of course, 
 if you are sensible, carefully avoid entering into an
 
 :$:> AJiOUT <fOING TO LAW. 
 
 altercation. If a quarrel is thrust upon you, what- 
 ever the provocation may be, never strike the first 
 blow, and take care early in the business to call the 
 attention of the bystanders, if there are any, to the 
 fact that you are not the aggressor. 
 
 I now come to another state of things, that, 
 namely, in which a dispute has arisen between 
 yourself and another. Such a dispute may arise in 
 one or two ways. Some one makes a claim against 
 you, or you make a claim against some one. In 
 each of these two cases your position and the course 
 you had better take \vill be somewhat different. 
 I will first, therefore, deal with the case of a claim 
 against yourself, though I may observe that much 
 of what I am going to say applies equally to cases 
 in which you think you have a just claim against 
 some one. A claim against yourself involves two 
 distinct preliminary questions. First, is it a just 
 claim ? Second, is it one which can be enforced ? 
 It also involves another question, namely, if it is 
 unreasonable and can be resisted with a fair chance 
 of success, is it as a matter of prudence as 
 opposed to mere feeling wise to resist it ? I will 
 postpone the consideration of this last question
 
 HOW TO AVOTT) GOING TO LA\V. 33 
 
 until the two preliminary questions have been 
 disposed of. 
 
 And first as to the justice of the claim. A 
 claim against yourself means that you are called 
 upon to submit to something which is to your 
 own disadvantage. The natural instinct of man- 
 kind is to see only the reasons for thinking such a 
 claim unreasonable or unfair. Few minds are so 
 well-balanced as to be above the influence of this 
 instinct of self-interest. Where they are, there is 
 generally found more or less unfitness for the 
 practical affairs of life. It is, however, most 
 important that the tendency of this natural instinct 
 to distort facts and warp the judgment should be 
 carefully guarded against. 1 Bear always in mind, 
 therefore, where a claim is made against you that 
 at all events in the ordinary business of life- 
 each party to a bargain is entitled to do the best 
 for himself, provided he does or says nothing 
 
 1 Nothing shows this in a more striking manner than the 
 statistics of the 658,690 plaints actually tried in our County Courts 
 in 187980. Of these actions 642,043, or 92 per cent., resulted in 
 favour of the plaintiff ; only 16,647, or 2 per cent., in favour of the 
 defendant. The remaining 8 per cent, were settled, but in what 
 way does not appear. Jnd. Stat., 1880.
 
 3i ABOUT GOTXG TO LAW. 
 
 purposely whicli deceives or misleads the other. 
 The first thing you should do when a claim is 
 definitely made against you is to be sure that you 
 have before jou all the facts, not only against it, 
 but in its favour. Then if you have any doubt as 
 to its being reasonable, submit the facts to some 
 friend in whose sense and judgment you have faith. 
 Be careful that you state them all fairly, without 
 any colour or exaggeration or leaning to your own 
 side. This is, no doubt, very difficult to do when 
 one is directly interested. But it is possible, and 
 the attempt to do it is one of the most wholesome 
 exercises of moral as well as of mental training. 
 Having thus stated the facts, ask your friend what 
 he thinks of the claim. If he says unhesitatingly 
 that he thinks the claim reasonable, you may be 
 pretty sure that he is right. It will be as well, 
 however, that you put before him any reasons 
 which may have led you to form, or to lean to a 
 different opinion ; for it is just possible, though 
 not very likely, that the bearing of some fact may 
 have escaped his notice. Should he still hold to 
 his view you will save yourself much trouble by 
 admitting the claim at once. He mav, however,
 
 HOW TO AVOID (iOJNG TO LAW. 35 
 
 after discussion of the matter, come to the con- 
 clusion that though the claim is not unfounded, it 
 might fairly be modified. In that case you had 
 better suggest to the other side such modifications 
 as you both consider to be fair. This you may 
 safely do without going to a solicitor, if you put 
 your proposals into writing, and conclude your 
 letter with the following sentences : " It must be 
 distinctly understood that nothing in this letter or 
 in any correspondence to which it may lead, shall, 
 in the event of litigation, be either offered as 
 evidence, or even referred to by either side unless 
 as I hope will be the case it ends in a settle- 
 ment, and letters have been exchanged between us 
 in which the terms of the settlement are stated and 
 are expressly accepted by both of us. I make this 
 stipulation in order that we may both be able to 
 explain our views and make any suggestions or 
 proposals with a view to a friendly arrangement 
 without any reserve." These two sentences will 
 place yourself and the other side on a fair and 
 equal footing, and they clearly explain what 
 that footing is to be. This is far the best way of 
 dealing with the matter in the first instance. If 
 c 2
 
 36 AllOUT GOING TO LAW. 
 
 you use these sentences you may safely explain your 
 views, and may with equal safety make any sug- 
 gestions with a view to a settlement, for there will 
 be no danger of your being led, as is so often the 
 case, into a position from which you cannot withdraw. 
 Such a letter must lead to one of three results : 
 (1) a settlement; (2) a refusal to negotiate at all 
 on the conditions laid down ; or (3) a refusal to 
 accept the terms which you think should be ac- 
 cepted. In either of the two last-mentioned cases 
 you had better write offering definitely the terms 
 you are prepared to give. Then add the following 
 sentence, " It must be distinctly understood that 
 this offer is made with the object of avoiding 
 litigation, that I do not admit any liability what- 
 ever, and that if, unfortunately, litigation does 
 ensue because the offer now made is refused, I alone 
 am to be at liberty to put in evidence this or any 
 subsequent letter." The words "without prejudice" 
 are often used where offers with a view to a settlement 
 are made. These words, however, are very vague, 
 and their exact meaning has been the subject of 
 much dispute, which has not even yet definitely 
 settled whether the person using them may give
 
 HOW TO AVOID GOL\G TO LAW. 37 
 
 what he has written in evidence in his own favour 
 as, for instance, to show that he was anxious to 
 settle a claim on reasonable terms. 1 
 
 If the friend whom you consult is decidedly of 
 opinion that the claim is one which is wholly un- 
 reasonable, one which ought not to have been made 
 at all, write and say so. Then add that though you 
 do not admit any liability whatever, you are quite 
 willing to refer the whole matter, including the 
 question who shall pay the expense of the reference, 
 to any one who may be agreed upon by both sides, 
 provided he hears only the parties concerned and 
 their witnesses, it being distinctly understood that 
 the person against whom the decision is given shall 
 not be called upon to pay any law costs or expenses, 
 except those which the person to whom the matter 
 is referred may himself incur, in case he considers 
 it desirable to obtain legal advice. 
 
 I am quite aware that cases have occurred where 
 the attendance of solicitor or counsel has been pre- 
 vented by express provision, and, the award being 
 disputed, long and expensive litigation has ensued. 
 
 1 Williams v. Thomas, 2 De Gex, and S. 37. Jones v. Foxall, 
 15 Boav. 331. Williams v. Thomas, 31 L. J. Ch. 674.
 
 38 ABOUT GOING TO LAW. 
 
 These cases are always referred to as showing the 
 folly of trying to do without lawyers. Nothing 
 can be more fallacious. There is always the 
 risk of such litigation in every reference, and the 
 risk is seriously increased when lawyers are em- 
 ployed. For the unsuccessful party, if in the 
 hands of an enterprising solicitor, will often be in- 
 duced to try to get out of the award upon some 
 purely technical ground. The numerous cases in 
 our Law "Reports show how little any provisions 
 that ingenuity can devise avail to prevent this. On 
 the whole, there is certainly much less danger of 
 this where the attendance of lawyers at the refer- 
 ence is forbidden; whilst in the great majority of 
 cases where the reference is conducted, as it should 
 be, by the parties themselves, it will cost very 
 little. On the other hand, there is no saying what 
 a reference may not cost if lawyers are allowed to 
 conduct it. Be sure to provide that "any agree- 
 ment to refer may be made a rule of Court." 
 
 The plan which is most frequently adopted 
 where disputes are submitted to arbitration, is that 
 each side appoints an arbitrator, and the arbitrators 
 so appointed before they enter upon the arbitration,
 
 HOW TO AVOID GOING TO LAW. 39 
 
 appoint an umpire to whom the matter is ultimately 
 referred in case the two arbitrators cannot agree. 
 This plan is open to many objections. Each 
 arbitrator is almost always a partisan of the person 
 who appoints him, and the two scarcely ever agree. 
 Indeed they generally enter upon the business with 
 the distinct intention of not agreeing, and all the 
 work done before them goes for nothing. Unless 
 you can agree upon some one person whose decision 
 shall be final, it will be better in most cases not to 
 refer at all. There is no branch of our contentious 
 procedure which is more unsatisfactory than that 
 which professes to enable those who have obtained 
 an award in their favour to enforce that award. 
 The power which our courts of law have jealously 
 retained of supervising and controlling private 
 settlements of disputes by arbitration, is no doubt 
 a useful power when it is exercised for the purpose 
 of rectifying disputes or preventing frauds. But 
 it has been used with a technical narrowness which 
 has rendered it far more mischievous than any 
 possible evils it was intended to prevent. Unless 
 the award is disputed on the ground that there has 
 been some material error, or want of fairness, it
 
 40 AJJOUT GOIXG TO L 
 
 ought to be possible to enforce it in the simplest 
 manner. At present an astute lawyer may throw 
 endless obstacles in the way. If, therefore, the 
 award is in your favour, and is disputed, you must 
 apply to your solicitor; for his assistance will be 
 absolutely necessary if you are forced to take pro- 
 ceedings. He will probably tell you that if you 
 had come to him in the first instance the difficulty 
 would have been avoided. This is not impossible, 
 though very unlikeh r . Do not, however, attempt 
 to disabuse his mind. There will be no insin- 
 cerity in your allowing him to remain under this 
 impression . 
 
 If the attempt to settle or refer the disputed 
 claim fail, and litigation be threatened, you must now 
 finally make up your mind as to whether you will 
 ultimately submit to the claim. I say ultimately, 
 because even if you have made up your mind not to 
 incur the risk, annoyance, and expense of a lawsuit, 
 it is in some cases desirable to show a bold front for 
 sometime after an action has been begun. Those who 
 are threatened with a lawsuit usually go at once 
 to a solicitor and place the matter in his hands. 
 Where the matter is serious, and you have complete
 
 BOW TO AVOID GOING TO LAW. 4l 
 
 confidence in your legal adviser, this is much the 
 best thing to do. His experience and independent 
 unbiassed judgment are quite worth the few pounds 
 you will have to pay him. He will, moreover, con- 
 duct the business, where the claim is an important 
 claim, with far more authority and effect than if you 
 did the work yourself. Where you do place the 
 matter in the hands of a solicitor, always bear in 
 mind that he is your agent, or to use the old and 
 appropriate word, which has been abolished by Act 
 of Parliament, your " attorney." You will take 
 care that he lets you know exactly what he 
 proposes to do, and that nothing is finally settled 
 without your express consent. He may be of 
 opinion that though the claim is unfair or un- 
 reasonable, there is great doubt whether it can be 
 successfully resisted, and he will probably suggest 
 that the opinion of counsel should be taken. The 
 effect of this is that he not only gets the view 
 of another lawyer of special training, but that he 
 relieves himself from responsibility. For, by our 
 law, a solicitor may be liable for a mistake, but a 
 barrister cannot be made liable, however ignorant 
 or careless he may be. If there is anything of
 
 2 AUOUT GOING TO LAW. 
 
 importance at stake, you had better adopt the 
 
 The opinion of counsel is sometimes decisive 
 one way or the other. But far more often it leaves 
 you in a state of doubt as to whether you will win 
 or not. Those who have had any experience, as 
 lawyers, of the knotty points which may be wrapped 
 up in what seems a simple statement of facts, will 
 know that I do not say this in an ill-natured spirit. 
 It really is often quite impossible to say what will 
 be the result of fighting the case. When this is 
 so, you will have to make up your mind whether 
 you will defend the action or not. In doing this 
 your solicitor ought to be of great assistance to 
 you. But you must always b^ar in mind that it 
 is his interest that you should resist, and that even the 
 best of lawyers is human. There is always, too, a 
 tendency in the mind of the person you consult to 
 take a partisan or one-sided view of the matter, 
 especially where resisting an unfair or unreasonable 
 claim means, as in the case of your lawyer, no 
 possible loss, but certain gain, since whatever 
 happens he will get his costs. You must, therefore, 
 if he advises you to fight to the bitter end, test
 
 HOW TO AVOID GOING TO LAW. 43 
 
 his reasons very carefully, and accept his advice 
 only if you are quite convinced that it is the 
 sole course left to you. For I have no hesitation 
 in saying that where doubt of success is expressed 
 by the lawyers, it is quite impossible to say with 
 any certainty which side will win. It is quite 
 possible, however, that your lawyer will tell 
 you that though you must make up your mind 
 to give in, still you had better defy them, and 
 let them begin an action against you. As long 
 as only the formal steps in a lawsuit are going 
 on the costs will be comparatively small. It is 
 the final stages, the getting up of the defence, 
 the preparation of the brief, and so on, which are 
 costly. Before these are reached a judicious lawyer, 
 though he does not mean to go to trial, may manage 
 to settle a claim on far more reasonable terms than 
 he could have got if he had given in before the 
 action was begun. 
 
 In cases which are not of any serious importance, 
 if you feel sure that you know what you are about, 
 and that whatever the legal rights of the matter 
 may be, the claim is not a fair claim, you run no 
 risk and save expense by keeping the matter in
 
 44 ABOUT GOIXG TO LA\\\ 
 
 your own hands until you are told that unless you 
 pay what is claimed proceedings will be taken 
 against you. If you are a poor man and these 
 pages are meant, at all events, sooner or later, for 
 the use of those to whom a pound is a large part 
 of a year's income you must in no case let the 
 matter get into the hands of a lawyer. Find out 
 the solicitor who bears the highest character in 
 your neighbourhood. 1 Go to him. Tell him precisely 
 how things stand, and ask him to advise you as to 
 what your exact legal position is. You may be 
 quite clear in your own mind that the claim cannot 
 be enforced, but there may be some rule of law 
 of which only a trained lawyer would be aware, 
 which places } r ou at the mercy of your adversary. 
 The lawyer, if he is a sensible man, and if you 
 are a sensible man, will be able to explain this to 
 you. Our law is by no means perfect, and the 
 way in which its rules have been formed has 
 made it very hard to master them. But with 
 few exceptions these rules are based on sound 
 and intelligible grounds of common sense, justice, 
 and convenience. Even rules which are found to 
 
 1 See ante, p. 16, as to choice of a lawyer.
 
 JTOW TO AVOID GOING TO LAW. 45 
 
 cause hardship now and then have been usually 
 laid down because it was considered that without 
 them far greater mischief would on the whole 
 ensue. 
 
 Whilst the solicitor whom you consult is giving 
 you his views as to your legal position, he will 
 probably point out to you the course which had 
 better be taken ; whether you had better wait and 
 try to make better terms, or settle at once, so as to 
 save the expense of a County Court summons or 
 writ, or resist the claim altogether. If, however, 
 he does not tell you what you had better do, you 
 must ask him what under the circumstances he 
 w r ould advise you to do. If he says " settle at 
 once,' 7 you had better do so and have done with 
 the business. If he says "wait," you had better 
 wait. If he says " fight," ask him in what court 
 the action would be brought, frankly explaining to 
 him that if it will be brought in the County Court 
 you would not mind, as you would attend to the 
 case yourself ; but that if the action were brought 
 in the High Court, the question of expense would 
 be a serious question for you. Take care that 
 you are quite open on this point, because a full
 
 46 ABOUT GOING TO LAW. 
 
 explanation of your position will no doubt influ- 
 ence him in forming an opinion as to the course 
 you should pursue. And you must also take 
 care that at this stage, at all events, the con- 
 duct of the matter is not left in his hands. Thank 
 him for his advice, and ask him what his fee is, 
 and pay it there and then. It should properly he 
 6s. Sd., unless he has given your case much time 
 and attention, in which case it would be 1 3s. 4d. 
 My own experience of lawyers' bills has been that 
 the charges made by solicitors of respectability are 
 in themselves very reasonable. The totals, how- 
 ever, become large in consequence of a number of 
 needless attendances and letters. 
 
 In the course of your interview, your adviser, 
 if competent and sensible, will have told you much 
 that will guide you as to what you should do, and 
 as to what you should not do. If he tells you to 
 wait, you will, of course, wait until the other side 
 takes some further step. Be sure to ask him 
 whether, if the dispute is to be fought out, it can 
 be tried in the County Court ; for the most faulty 
 part of our system is that the judges of the County 
 Courts are not allowed to try claims for more than
 
 HOW TO AVOID GOING TO LAW. 47 
 
 a certain amount, unless both parties consent that 
 they shall be so tried. 1 There is, perhaps, no 
 reform in our law which will give more relief to 
 honest citizens than a provision that every action of 
 whatever kind shall be begun in the County Court, 
 and shall be continued and ended there, unless it 
 can be shown that it really involves matters or 
 points of law which make it desirable it should be 
 tried in the first instance before a judge of the 
 High Court. If your solicitor says that the action 
 is one which cannot be tried in the County Court 
 unless both parties consent, ask him whether you 
 had better not write to your opponent to suggest 
 that the case should be tried in the County Court. 
 He will probably advise you to do so. If not, ask 
 him his reason; for although, as a rule, it is 
 in every way better that a dispute should be settled 
 on the spot, there may possibly be good reasons 
 
 1 The regulations now in force as to jurisdiction are both 
 arbitrary and complicated. There is nothing to prevent a man from 
 sueiug you in the Supreme Court for 6d. If he does so, where he 
 claims 5 and under as damages for a wrong, or where he claims 
 20 or under for breach of contract, he may, even if he succeed, be 
 deprived of his costs. A statement is given in the Appendix of all 
 the disputes and questions which can be settled in the County Court.
 
 4s ABOUT GOIXG TO LAW. 
 
 why it slioald not, or, at all events, why you should 
 not suggest that it should be tried there by consent. 
 These reasons, however, you are entitled to know. 
 Indeed, at every stage in litigation your solicitor 
 ought to explain why he thinks any particular step 
 or line of action should be taken. If he is a com- 
 petent and sensible man he will do so. There is 
 always good reason for every judicious step in a 
 lawsuit, or negotiation with a view to prevent a 
 lawsuit, and it can always, even where based upon 
 some rather technical decision or rule of law, be 
 made clear by an intelligent man speaking to 
 another intelligent man. 
 
 Should your opponent serve you with a writ out 
 of the Supreme Court you had better take it at 
 once to your solicitor, unless you have quite made 
 up your mind not to go on, in which case you must 
 at once forward the amount of the claim indorsed 
 on the writ and the amount also indorsed for costs 
 to the solicitor, whose name and address you will 
 find on the back of the writ. If, however, you 
 really have decided not to go on, you will probably 
 not wait for the writ. This, however, will depend 
 upon the advice your solicitor has given you. If
 
 ItOW TO AVOID GOING TO LAW. 49 
 
 he thinks that you had better not give in at once, 
 it may be as well for you to show fight. It will 
 cost very little to enter an appearance ; and perhaps 
 if you do so you may be able to settle for less than 
 the claim. Before I leave this subject I should 
 draw your attention to one point which it is im- 
 portant you should understand. Where the person 
 who makes a claim against you lives at a distance, 
 and the affair out of which the claim arises took 
 place where he lives, he has the right to sue you in 
 his own County Court. The question whether the 
 transaction did take place where he lives is often 
 one of much nicety, and has given occasion for 
 some highly technical decisions. These, however, 
 need not be discussed here. If you receive a 
 summons from a County Court at a distance, you 
 may assume that you must go there to defend it. 
 If you win your expenses will be allowed ; but if 
 you lose you will, of course, lose them. This may 
 be an important matter to have before you when 
 you are considering the question whether you will 
 contest the claim or not. 
 
 There is also another matter which you must 
 take into consideration before you allow a County
 
 50 ABOUT GOING TO LAW. 
 
 Court summons to be taken out. Before a summons 
 is issued out of the County Court tlie person who 
 applies must first pay a fee of Is. for every 1 he 
 claims. If, therefore, the claim is for 15, and 
 you have to submit after the action is begun, you 
 will, of course, have to pay this fee of 15s. The 
 time is, I trust, not far off when these unfair 
 taxes upon the doing of justice will be entirety 
 removed. At present they fall with cruel inequality 
 upon the poor, and indeed they amount to a denial 
 of justice to the great body of the people. Many 
 of the reforms which more than forty years ago 
 Bentham claimed for us we have got, but his claim 
 that "justice shall be administered gratis," and 
 that "all exactions of fees shall be illegal/' 1 still 
 remains to be insisted upon by the people for whom 
 courts and judges exist, and by whom courts and 
 judges are maintained. 
 
 I am well aware that there are many ways 
 in which an improper use might be made of this 
 right. It was the serious defect in Bentham's 
 mind and character that he never could realise the 
 practical difficulties of applying principles which 
 
 1 " Judicial Establishment;' Works, Vol. IV., 309.
 
 HOW TO AVOW GOING TO LAW. 51 
 
 were sound. He knew nothing of men as they 
 really are in every-day life. It probably never 
 occurred to him to think that if our Courts were 
 thus thrown open they would be used as debt- 
 collecting agencies, often in the harshest and most 
 unjust way. I doubt, however, whether they 
 would be much more abused for this purpose than 
 our County Courts are ; and, at all events, they 
 would be better to this extent, that the poor debtor 
 would not have the additional burden of costs put 
 upon his shoulders. 
 
 If you have quite decided to resist an exor- 
 bitant claim, take care to obtain the opinion of 
 your solicitor as to offering what is fair before 
 action. The plaintiff would not be entitled to any 
 costs if you can prove that you have made such a 
 tender. If you wait until he begins an action and 
 then pay the sum you think fair into Court he will 
 be entitled to costs up to that time. 
 
 D "2
 
 CHAPTER II. 
 
 HOW TO RESIST AN UNFAIR CLAIM. 
 
 In the County Court How to act on the Day of Trial What your 
 Witnessescan prove Compelling the attendance of Witnesses 
 The County Court Officials Undefended Cases The Plaintiff's 
 Case Judges and Judges What a competent Judge can do 
 The Plaintiff in the Box Leading Questions Cross-examina- 
 tion Apparent False Swearing How to put your Questions 
 The Defendant's Case- -Defendant in the Box His Witnesses 
 The Judge's Suuimiug-up The Decision How to act under 
 Defeat Applying for a Rehearing Actions in the High 
 Court Personally-defended Casey. 
 
 FOR the purpose of this chapter I take it for granted 
 that the following things have happened. You 
 have made sure by consulting a respectable soli- 
 citor that you can successfully resist an unfair claim 
 which has been made against you. You have got 
 him to explain to you any difficult points in your 
 case. Having told the other side finally and 
 distinctly that you must resist it, an action has been 
 brought against you in the County Court of the 
 district in which you live. 
 
 The summons which you will receive will let you 
 know where and when you are to appear, in order
 
 5G ABOUT GOING TO LAW. 
 
 that the question may be tried. You will, of 
 course, have kept copies of all the letters you have 
 written to the other side. You will also have pre- 
 served all the letters you have received from the 
 other side. Either the plaintiff or yourself may, if 
 either of you wish it, have the case tried by a 
 jury ; but unless either side require it the action is 
 tried by the County Court judge himself. This 
 right to have a jury is very seldom claimed, 1 and, as 
 a rule, it is not desirable to ask for one. There is 
 a very general impression that the County Court 
 judges look upon a demand for a jury as a reflection 
 upon themselves, and that when it is claimed they 
 are consciously or unconsciously set against the 
 person who claims it. In some instances this no 
 doubt may be the case, and when this is the case, 
 the judge, being a weak judge, can do distinct harm. 
 For though it is true that the result of the action 
 depends upon the verdict of the jury, the judge has 
 to sum up the evidence after both sides have finished, 
 and he can do so in a way which may seriously 
 affect the minds and judgment of the jury. Then, 
 
 1 Of 632,628 actions determined in the County Court in 1881 
 only 980 were tried with a jury. (Jud. Statistics, 1881.)
 
 HOW TO RESIST AN UNFAIR CLAIM. 57 
 
 too, if at the trial by the judge alone, he decides 
 against you, and you are sure he has wrongly 
 decided, you can apply for a rehearing, as will be 
 explained farther on. If the application is granted, 
 you are entitled to have the second hearing before 
 a jury; and, indeed, if the correctness of the de- 
 cision as to the facts is disputed, the judge himself 
 very often suggests that there should be a jury. 
 
 On the day of the trial you had better be at 
 the place where the County Court is held at the 
 hour of opening. Take care before you go to 
 arrange in their proper order of date the copies of 
 your own letters, aud the original letters you have 
 received from your opponent, or his solicitor, 
 together with any other papers which relate to the 
 matter in dispute. If there are any persons who 
 can give material evidence in support of your de- 
 fence, you will, of course, see them beforehand, and 
 get each of them to do what you should yourself 
 do namely, to write out what he can prove. Bear 
 in mind, however, that a witness can give evidence 
 only of what he himself has done or seen relating 
 to the matter in question. He cannot state what ho 
 has heard somebody else say, however important its
 
 58 AltniTT GOING TO LAW. 
 
 bearing maybe on the dispute, unless it was an admis- 
 mision by the plaintiff, or by some one acting for 
 him in such a way as to make it clear that he had 
 authority to make such an admission. Suppose, for 
 instance, that you are in partnership with another 
 person, and the action is against your firm. If your 
 partner were to say to the third person, " Of course, 
 we owe the money, but we only want time ; '' the 
 person to whom this was said could state this as 
 an admission against you. Or suppose you allow 
 your wife to carry on the business of your shop in 
 your absence, and an action is brought against you 
 for goods supplied to you. If she were to say to a 
 neighbour that the money was really owing, the 
 other side could call the neighbour as a witness, and 
 he could repeat this statement. 1 Or again, suppose 
 you send your servant to sell your horse, and he 
 warrants the horse as sound, what he said could be 
 proved against you, for you have given him 
 authority to act for you in selling the horse, and the 
 person who dealt with him might fairly assume that 
 he was authorised to warrant it sound. But if the 
 servant on returning home meets the man to whom 
 
 1 Clifford v. Burton, 1 Bing, 199.
 
 HOW TO RESIST AN UNFAIJl CLAIM. 59 
 
 he sold the horse, and says, "I've done you nicely, 
 the horse you bought of me has navicular disease," 
 this could not he given in evidence as an admission 
 against you. 1 Whilst he was selling the horse he 
 was properly authorised to make the statements 
 which you might yourself have made. But his 
 authority ceased with the sale. 
 
 I give these examples in order to show that 
 as a broad general rule, you and your witnesses 
 can speak only to what you yourselves have 
 seen or done with respect to the matter in 
 dispute - - with this exception, that you may 
 prove statements made by your opponent himself. 
 Of course, you can repeat any statement you 
 have made to the other side, in order to show 
 that he has accepted your denial of any liability. 
 But such statements have little weight, and had 
 much better not be repeated unless they lead to 
 something more material. I need scarcely say that 
 you cannot give in evidence statements which you 
 have made to third persons when your opponent 
 was not present. This would be making evidence 
 for yourself. It, is, however, much better to avoid 
 
 1 Helyear v. Hawke, 5 Esp., 72.
 
 60 AHOUT GOING TO LAW. 
 
 repeating conversations unless they go to the very 
 root of the matter, and if you are prudent this will 
 never be the case ; for you will never allow the 
 terms of any but the most simple business to be 
 settled by word of mouth. If you can get your 
 witness to write or dictate to you what he has to 
 say, take care to keep a copy of it. Be sure, how- 
 ever, to remind him that he will not be allowed to 
 read the paper when he is in the witness-box, unless 
 it is a memorandum made at the time when the 
 occurrence took place or shortly afterwards. In that 
 case he is entitled to refresh his memory by look- 
 ing: at it. This rule will be dealt with more at 
 
 o 
 
 length in the chapter on witnesses. 
 
 It seldom happens that a witness who can say 
 anything in your favour will refuse to come and 
 give evidence. But should he happen to refuse, it 
 is not likely that his evidence will prove of much 
 use. But if his evidence should be really necessary, 
 you should have him served with a notice to appear, 
 which you can obtain at the County Court office. 
 
 The places in which the County Court sittings 
 are held vary very much in size and in the 
 accommodation they afford. But in all of them
 
 HOW TO RESIST AN UNFAIR CLAIM. 61 
 
 there is a table under the raised seat on which the 
 judge sits. Just below him sits the Registrar, 1 
 who is the chief official of the Court. He calls out 
 the cases, puts the oath to the witnesses, and sees 
 that things are properly done. Round the table 
 sit the solicitors who act as advocates. Occasionally 
 there will be amongst them a barrister or two in 
 wig and gown. Behind them are seats for the 
 parties and their witnesses. Take your place on 
 one of these seats. Before you do so, see that any 
 witnesses you mean to call are at hand. 
 
 The way in which the work is done varies very 
 much in different County Courts. In some there 
 is a printed list of all the cases, which is hung up. 
 From this you will see how you stand. But you 
 must not suppose that you will not soon be reached 
 because you are low down. For most of the cases 
 are not defended. The Registrar goes through this 
 list, and disposes of the undefended cases, reserving 
 the defended cases for the judge, who comes in 
 later on. In some courts, however, the judge and 
 Registrar sit at the same time in different rooms, 
 
 1 Or his clerk; for very ofteii the Registrar is occupied in 
 dealing with undefended eases.
 
 62 ABOUT GOING TO LAW. 
 
 and as the Registrar goes through the list he sends 
 the defended cases in to the judge. 
 
 AVhen your case is called on, get up and say, 
 " I am the defendant, your honour." Then sit 
 down and be quiet. The plaintiff or his advocate 
 will then state his case. You will, of course, listen 
 attentively, but be sure you do not interfere with 
 or interrupt him, even if he should say something 
 which is not correct, or which is offensive to your- 
 self. You have only to wait, and your turn will 
 come. Properly speaking, your defence should be 
 reserved until the plaintiff's case has been finished, 
 and the evidence in support of it has been given. 
 The work, however, is generally done in a County 
 Court in a very rough-and-ready way, and some 
 judges when no solicitor appears for both or 
 either of the parties take the case at once into 
 their own hands. But unless this is done with 
 tact, good sense, and judgment, their doing so 
 usually causes much delay and confusion. As a 
 rule, it is far better that the defendant should 
 say nothing, and should not be called upon to say 
 anything until the plaintiff has come to the end of 
 his case.
 
 HOW TO RESIST AN UNFAIR CLAIM. 63 
 
 If, however, the judge should call upon you to 
 say anything, you should be prepared to answer 
 him. Do so in as few words as possible. If you 
 are quite sure that any explanation you may make 
 will not simplify or shorten matters, and had better 
 be kept until your turn comes, you had better say so 
 in some such words as these: "If your Honour will 
 kindly allow me, I would rather keep my explanation 
 until the plaintiff's case is finished." Most of the 
 County Court judges are very considerate. But some 
 are not. Where the judge is up to his work and 
 knows his duty, you will have little or no trouble. 
 Where he is testy, overbearing, or fussy, your work 
 will be much more difficult. He is, however, set 
 there to assist the parties in the settlement of their 
 disputes. You are entitled to his assistance, more 
 especially as your defence is a just defence. If, 
 instead of helping you, he thwarts you by 
 unreasonable interference, ill-temper, and im- 
 patience, I deliberately advise you not to give way 
 to him. In firm but respectful language make an 
 immediate protest, and tell him what I have just 
 told you. Even the County Court judge, though 
 he is far too little subject to other control, is
 
 W ABOUT GOING TO LAW. 
 
 subject to the control of public opinion. I want to 
 impress this strongly upon the poor man who is 
 forced to go to law, because I know how much 
 hardship and injustice are caused through too 
 readily giving in to the caprice or temper of the 
 judge. The people are not sufficiently aware of 
 their rights, and much too timid about claiming 
 them when they ought to claim them. But, as I 
 have said before, most of the judges are sincerely 
 anxious that right should be done, and you will 
 probably receive willing and kindly help from the 
 judge. The only thing you have to fear is, lest 
 you should be put out by too much readiness to 
 help. Some well-intentioned County Court judges 
 are fussy. It is, indeed, a failing which is not 
 confined to judges of the humbler courts. 
 
 When the plaintiff's case has been stated his 
 witnesses are called, unless things should have 
 taken such a turn that it becomes unnecessary to 
 prove anything. This is quite possible ; for while 
 the plaintiff or his solicitor is stating his case the 
 judge, if he is an experienced and capable judge, 
 will shorten it by getting all undisputed facts 
 agreed to by both sides. The effect of this is often
 
 HOW TO RESIST AN UNFAIR CLAIM. 65 
 
 very surprising. The husk of the case is stripped 
 off, the shell cracked, and the kernel if there is 
 one extracted. Sometimes, indeed, there is no 
 kernel at all. The claim, as you try to grasp it, 
 fades like a ghost into nothing. If there are still 
 some facts in dispute the judge often finds that 
 they do not bear upon the real question, and it is 
 decided without any witnesses being called. If it 
 should be your good fortune to go before a judge of 
 this sort, you will find it both amusing and in- 
 structive to watch carefully the way in which he 
 deals with the cases that come before your own. 
 Indeed, it is the only pleasant side of a very dreary 
 and sad scene in which a roomful of people who 
 have fallen out have come to get their disputes 
 settled. Most of the cases are no doubt small 
 cases, claims for small sums or squabbles about 
 trifling matters. But they are neither small nor 
 trifling to those concerned. A good and kindly 
 County Court judge always bears this in mind. To 
 those who come before him a few shillings mean as 
 much as scores of pounds to rich people, and he 
 always remembers this. He never treats even the 
 smallest case as not worth attention. Xor does 'he
 
 66 ABOUT GOIXG TO LAW. 
 
 allow his quick and trained wits to become impa- 
 tient, because those who come before him are neither 
 quick-witted nor intelligent. It is wonderful how, 
 with a little pains and patience, he can make both 
 sides to a squabble come to see the rights of it in 
 a way they never could have seen it but for him. 
 
 I have much to say about the County Court, 
 its work, and its judges, which I must not say here. 
 But this I must say here. There is no work of 
 any kind which it is more important to have done 
 conscientiously and well than that of a County 
 Court judge, for a County Court judge in a large 
 district particularly has it in his power to do more 
 good than any other official or person of any kind 
 or in any station. On the other hand, he has it in 
 his power to do infinite harm. Unless he is filled 
 with a deep and abiding sense of duty, which makes 
 him patient, forbearing, always ready to make 
 allowance for ignorance and inexperience, there is 
 no knowing what injustice he may not do or what 
 suffering he may not cause amongst the humble 
 folk whose interests are confided to him and who 
 come to him for help. I am the last person to 
 undervalue those fine qualities of mind which can
 
 HOW TO RESIST AN UNFAIR CLAIM. <J7 
 
 ground the simplest act of justice upon some rule 
 of law built up by the wise judgments of our great 
 judges and law-makers. It is no doubt most 
 desirable that a County Court judge should be a 
 good lawyer, so long as he is not a mere lawyer. 
 But it is far more important that he should be a 
 man of good common sense and good feeling. 
 There is " no nation whose laws have such features 
 of excellence in them as those of England/' 1 and 
 when we come to examine them carefully, all that 
 is good in them is the perfection of common sense 
 and right feeling. I venture to say that there are 
 few, if any, of the leading cases in our law on which, 
 if the facts were clearly laid before an educated 
 and intelligent man, he would not have given a 
 right judgment. At all events, for the rough-and- 
 ready practical work of settling disputes in a 
 County Court, common sense and right feeling are 
 the most essential qualifications. 
 
 If it appears that there are material facts as to 
 which both sides are not agreed, the course things 
 will take will to some extent depend on whether 
 the plaintiff's case is managed by a lawyer or not. 
 
 1 Benthain, IV., 314. 
 E2
 
 68 ABOUT GOING TO LAW. 
 
 If lie lias a lawyer, and the plaintiff as is usually 
 the case is tlie chief witness, the plaintiif goes into 
 the box. "When he is sworn, his solicitor asks him 
 questions with the view of getting him to tell his 
 story, so as to confirm the solicitor's opening state- 
 ment. Here you ought to receive important assis- 
 tance from the judge. If he is competent and 
 conscientious, he will take care that the solicitor 
 keeps straight and does not put questions which 
 ought not to be put, particularly questions known 
 to lawyers as " leading questions." If you have 
 had the chance of watching some cases before yours 
 has come on, and if either solicitors or barristers 
 have been opposed to each other in these cases, 
 you will probably have noticed that when one 
 of them has been examining a witness the other 
 has constantly got up and objected that his 
 " learned friend " is " leading " the witness. This 
 is generally followed by a wrangle. I will only 
 here explain that leading questions are questions 
 which directly suggest to the person to whom, 
 they are put the answer he is to give. Such 
 questions when they refer to a material fact in 
 the case are obviously not fair questions, and are
 
 HOW TO RESIST AN UNFAIR CLAIM. 69 
 
 not allowed. But, of course, you must not try 
 to stop such questions. Leave that to the judge. 
 If he does not object, be sure that you will only 
 do mischief by objecting. You will remember 
 that the witnesses on the other side can only, 
 like yourself and your witnesses, state facts which 
 are within their own personal knowledge, that 
 they cannot give the contents of written papers, 
 or repeat what they have heard other persons 
 say, with the exceptions I have already explained 
 in my hints about your own evidence. If he tried 
 to do any of these things it w r ould, of course, be 
 the duty of the judge to stop him, and he would 
 be pretty sure to do so. 
 
 It is therefore very unlikely that there will 
 be any occasion for your interrupting a witness. 
 But if by any chance you should have any real 
 objection to make, take care that you make it 
 to the judge. Do not under any circumstances 
 address yourself either to the witness or the solicitor 
 who appears for him. 
 
 When each witness for the other side has told 
 his story, you have a right to put questions to 
 him. The object of such questions is, of course,
 
 70 ABOUT GOING TO LAW. 
 
 to make kirn contradict what he has already said, 
 or add something which will make his evidence 
 square with your defence. This is called cross- 
 examination. There is nothing more difficult than 
 
 o 
 
 to cross-examine a witness so as to help your own 
 case, even when it is a good one. Advocates 
 who have some experience, sharpness, and assu- 
 rance, can often make an honest witness look 
 foolish by browbeating him. But this is not 
 effective cross-examination, though it frequently 
 gains an advocate a reputation for ability. Effective 
 cross-examination is the art of getting from a 
 hostile witness statements or admissions which 
 either do not agree with or which explain away 
 what he has already sworn against you. To do 
 this is a very difficult thing, whether the witness 
 is speaking the truth or not. So difficult is it, 
 so rare is the possession of the subtle power which 
 makes it possible to do this, that cross-examination 
 even by skilful and practised advocates generally 
 does more harm than good. 
 
 Do not, therefore, attempt to cross-examine a 
 witness at all unless you are sure from your own 
 knowledge of the facts that what the witness is
 
 HOW TO RESIST AN UNFAIR CLAIM. 71 
 
 saying is untrue, and you are prepared to contradict 
 him either yourself or by other witnesses. When I 
 use the words "saying what is untrue," I, of course, 
 mean untrue as to some important fact. You must 
 be prepared to find that those who are called as 
 witnesses against you will give an account of what 
 took place which does not by any means entirely 
 agree with your notion of what took place. They 
 will try to state all the facts which make against 
 you as strongly as possible. They will try to keep 
 back facts which tell in your favour, or slur them 
 over. And, no doubt, if you had to state what 
 took place, you would have made the case look 
 somewhat different. But remember that the judge, 
 who is, or ought to be, taking down what is said, is 
 listening to everything, and watching everything 
 with keen and impartial attention. He has had 
 long experience, and he probably is a sensible man. 
 He will make due allowance for all these disturb- 
 ing influences, as well as for the inexactness which 
 is often found in the evidence of the most con- 
 scientious men. If,' however, there is something 
 which ought to be cleared up, he will himself 
 generally put a few judicious questions before the
 
 72 ABOUT GOING TO LAW. 
 
 witness leaves the box. Unless, therefore, some 
 statement has been made on oath, which is not only 
 untrue, but if uncontradicted will tell seriously 
 against you, do not ask a single question. Merely 
 bow to the judge, and say, " I have nothing to ask 
 the witness, your Honour ; " you may be sure that 
 on hearing this the judge, if there is anything 
 which needs explanation, will get things put 
 straight, unless he has done it already. 
 
 Should you think it absolutely necessary to 
 cross-examine a witness, do it very quietly and 
 civilly. It is quite possible that what seems a 
 deliberate falsehood may not be a falsehood at all. 
 You may not have understood the witness. Or he 
 may have been honestly mistaken. It is even 
 possible that he may have persuaded himself that 
 he saw what he says he saw, though really he never 
 saw it, or that he did what he said he did, though 
 he did not do it at all. Even in the last case he 
 may not be wilfully lying. Take a not impossible 
 instance. A man thinks that the editor of a paper 
 has written something very unfair and unwarrant- 
 able about him. He drives up to the office of the 
 paper. As he gets out of the cab the editor comes
 
 HOW TO RESIST AN UNFATR CLAIM. 73 
 
 up. He, of course, knows that the man has come 
 with no friendly object. The first words addressed 
 to him are words of anger. A fight takes place 
 almost directly. The editor summons the other for 
 an assault. The question on which the whole 
 matter turns is, " Who struck the first blow ? " 
 Now it is quite possible that each honestly believes 
 the other struck the first blow. There is an alter- 
 cation, sharp and short. The presumption, of 
 course, is that the aggrieved man is the first to 
 strike a blow. Yet in these few seconds of passion 
 on one side, and apprehension on the other, it may 
 well have been that the editor took a mere gesture 
 for an attack, and met an imagined with a real 
 assault. So that it is quite possible a man may 
 conscientiously state that he believes a certain thing 
 to be done, which, however, may afterwards be 
 proved to be the very reverse. 
 
 You are, therefore, not justified in taking it for 
 granted that because a witness states what you 
 firmly believe not to be the fact, he is wilfully 
 swearing falsely. For this reason, if for no other, 
 you must not let it be supposed from your tone and 
 manner that the witness is not to be believed.
 
 74 ABOUT GOING TO LAW. 
 
 Here, however, as in every other case, what is right 
 and what is expedient go together. Your best 
 chance of bringing out the truth will be by assum- 
 ing that the witness wishes to tell the truth. Be 
 courteous, and put your questions as if you were 
 asking for information. Take care not to come at 
 once to the statement which you believe to be, we 
 will not say untrue, but incorrect. Bring him up 
 to it in such a way as to make it possible for him, 
 on reflection, to qualify it. Your own common 
 sense will tell you that no possible good can be 
 done by putting back into his mouth words he has 
 already uttered. If you are prepared, either your- 
 self or by others, to prove that words were spoken 
 in the hearing of the witness which contradict, or 
 are inconsistent with, his evidence, put them to him 
 distinctly. But do it, if possible, with a sugges- 
 tion that they may possibly have escaped his 
 memory. For instance, you have refused to keep 
 some things which you had ordered, because they 
 were not sent home at the time you bargained for. 
 The plaintiff has said nothing about this; you 
 must take care to put it to him ; but you can put 
 it in this inoffensive way : " When I ordered the
 
 HOW TO RESIST AN UNFAIR CLAIM. 75 
 
 goods, Mr. , do you remember my mentioning 
 
 Thursday ? " He will probably say, " No, I don't." 
 Then you can go on: "Now, try to recollect. Do 
 you not remember my saying when I ordered the 
 goods, that they were wanted for the following 
 Thursday evening, and must be sent home not 
 later than three o'clock on that day ? " 
 
 If some one else was present who can confirm 
 your statement, you should begin by getting him 
 on the scene. " When I ordered the goods Mr. 
 So-and-so was present, was he not? " 
 
 It is, of course, quite impossible to do more 
 than show very generally how you are to manage 
 this business of asking questions. But I think I 
 have said enough to make it clear that the less you 
 try to cross-examine, the better it will be for your 
 case. 
 
 It is just possible that the plaintiff will fail to 
 make out any legal claim. If so, the judge will no 
 doubt say so, and will give judgment, or where the 
 action is tried before a jury, direct the jury to find 
 a verdict for you, the defendant. There is then an 
 end of the case, unless the judge expressly says the 
 contrary, and you get your costs. You are, of
 
 76 ABOUT GOING TO LAW. 
 
 course, entitled to ask the judge whether he thinks 
 there is any case. But it is very unlikely that the 
 judge will have failed to notice that the claim has 
 not been made out. If, therefore, he says nothing, 
 you had better say nothing, but get up and state 
 your reasons for resisting the claim. They will 
 probably have become evident as the plaintiff's case 
 goes on. Unless there is really something which 
 you think it desirable to explain, and if you are 
 the chief witness, you had better confine your 
 statement to saying, " Perhaps, your Honour, it 
 will save time if I go into the box and give my 
 evidence." Indeed, it is very likely that the judge 
 
 will himself say, " Well, Mr. (meaning you), 
 
 on what ground do you resist the claim? " or, " I 
 
 think, Mr. , you had better go into the box 
 
 and give us your version." 
 
 Whatever you do, avoid being long-winded and 
 rambling. If you have to make a statement or an 
 explanation, stick to the point and be brief. Avoid 
 as much as possible any expression of feeling. The 
 quieter you are the more effective you will certainly 
 be. Take care that you do not state anything 
 which you are not prepared to prove, either yourself
 
 HOW TO RESIST AN UNFAIR CLAIM. 77 
 
 or by some witness you are going to call. When 
 you are giving your evidence, state shortly and 
 exactly all the facts within your own actual know- 
 ledge, including, of course, anything said by the 
 plaintiff, or by any one who acted as his agent 
 in the matter. Confine yourself to these facts, and 
 state them in their proper order. Carefully avoid 
 expressions of mere opinion. Be sure not to 
 repeat what anybody outside of the case may have 
 said, unless it was said about the matter in dispute 
 in the hearing of the plaintiff, so that he could 
 and should have objected if he did not admit the 
 correctness of what was said. Take care to have 
 ready in your hand, and in their proper order, any 
 letters or papers which you may have to refer to or 
 read. But do not keep them in your hand. Put 
 them down on the table or ledge before you when 
 you begin your evidence. If you do not, and the 
 plaintiff's case is conducted by an advocate, he will 
 probably try to put you out by asking you sharply, 
 " What is that you have in your hand ? " When 
 you have read any letter or paper, you had better 
 hand it to the officer of the court if you wish it to 
 be part of the evidence. The judge, however, will
 
 78 ABOUT GOING TO LAW. 
 
 always see that you are not placed at any disadvan- 
 tage through not observing the technical rules as 
 to putting in or proving writings. 
 
 Whether the plaintiff himself conducts his own 
 case or employs an advocate, you will certainly be 
 interrupted. Be prepared for this. Don't get 
 flurried, and, above all things, don't lose your 
 temper. Wait until the person interrupting you 
 stops ; then go on with your story without noticing 
 the interruption, unless it becomes absolutely 
 necessary to do so. For instance, the plaintiff's 
 advocate may object to something you are about to 
 say. When he does so, stop at once. Wait till he 
 has made his objection. His objection ought to be 
 addressed to the judge, not to you. When he has 
 finished, turn to the judge for his direction as to 
 whether the objection is a good one or not. You 
 will, of course, cheerfully accept his decision if it is 
 against you. It will probably be right; but if 
 wrong, you will only do harm by arguing with 
 him. 
 
 I need scarcely warn you to have no reserve, to 
 be perfectly frank, to keep back nothing which may 
 appear to make against you if it really has any
 
 HOW TO RESIST AN UNFAIR GLAUL. 79 
 
 bearing on the case. Where the defence is an 
 honest defence, made against an unfair or un- 
 reasonable claim, as every case must be for which 
 these " Hints " are written, keeping back anything 
 is, of course, not to be thought of. It seldom, if 
 ever, helps a bad case. It certainly never helps a 
 good case. What is kept back is pretty sure to 
 come out in cross-examination, and makes a much 
 worse impression than if it were told at once. 
 When you have given your evidence, the plaintiff 
 or his advocate will, no doubt, put questions to you 
 in cross-examination. If the case is conducted by 
 an advocate, he will perhaps try to browbeat you. 
 In the chapter on witnesses, you will find my hints 
 on this subject. I will, therefore, not repeat them 
 here ; but be sure you read them attentively. 
 
 After you have given your evidence, you will 
 call any witness or witnesses you may have in sup- 
 port of your defence. I need here only tell you 
 that our rules about examining witnesses are in the 
 main what good sense would suggest. You can 
 ask your witness questions which will lead him up 
 to the point at which he has something to say 
 directly bearing upon the dispute. Here he should
 
 80 ABOUT GOING TO LAW. 
 
 be left to tell his own story. No suggestions should 
 be made to him as to what he shall say. All this 
 sounds very sensible, very fair, and very simple. 
 It is, however, by no means so easy as it seems to 
 follow these simple rules in practice. I would, 
 therefore, advise you to ask him no questions at all, 
 but merely to say, " Now, Mr. So-and-so, will you 
 kindly tell his Honour what you know about this 
 matter? " The judge will generally take him in hand 
 and get out all that is material. But you must 
 follow carefully all that is said, for it is just 
 possible that some very important bit of evidence 
 may not be extracted. If this should be the case, 
 you must wait patiently. Don't interrupt or inter- 
 fere with the judge. They don't like it as a rule. 
 Nobody likes it. When you see that he has quite 
 done, you can say to the witness, "There is just one 
 thing I should like to ask," and then bring to 
 his mind something a date, a day which will 
 recall what you want him to speak to. Here your 
 opponent, if he is a lawyer, will probably object 
 that you are leading the witness. To make this ob- 
 jection is considered the right thing by those who 
 wish to appear sharp, whether there is anything in
 
 HOW TO PER 1ST AN UNFAIR CLAIM. 81 
 
 the objection or not. If he does object, wait until 
 the judge expresses his opinion. If he is worth any- 
 thing, he will see what you are driving at, and get 
 the witness to say what has been omitted. After all 
 your witnesses have been called and given their 
 evidence, you are entitled to make any remarks you 
 may think necessary. Unless there is some point of 
 importance to which, you wish to direct particular 
 attention, you had much better say no more than 
 " That is my defence, your Honour." It may be 
 that the judge will at this stage, in a conversational 
 manner, and addressing both sides, express his view 
 as to the rights of the matter, and this generally 
 ends the case. But, strictly speaking, if you have 
 called witnesses, your adversary, or his advocate, has 
 the last word, and then the judge, if the case is tried 
 by himself, gives judgment. 
 
 When the action is tried before a jury, the judge 
 sums up the evidence ; that is, he recalls to their 
 attention the principal facts given in evidence on 
 both sides, explaining to them, where he thinks it 
 necessary, the legal effect of the evidence. To you 
 who are fully and accurately informed on all the 
 small details of the case, he will seem sometimes to
 
 82 ABOUT GOING TO LAW. 
 
 make a mistake here and there as to the exact words 
 spoken, and so on. Never mind this. Unless the 
 mistake is a serious mistake, don't try to correct him. 
 It puts even good judges out, and, if they are 
 inferior men, sets them against you. Upon this 
 point you cannot exercise too much self-control ; for 
 it is very difficult, when engaged in a case where one 
 is much interested, to form at the moment a just 
 judgment as to the bearing and importance of par- 
 ticular facts. It is, indeed, the chief defect in all 
 inferior advocates that they are always wasting the 
 time and patience of the judge on trivial points of 
 this sort. 
 
 Where the judgment or verdict is in your 
 favour, the rest of the business is mere routine, 
 and will be done by the Registrar of the Court 
 or his clerk. 
 
 I have taken it for granted that you have 
 defended the action because you feel quite sure that 
 the claim was not a just or reasonable claim. 
 Nevertheless, you must be prepared for an adverse 
 decision, and you must also be prepared to submit 
 to it. Your witnesses may have failed, or they may 
 have given evidence which did not sufficiently
 
 HO W TO RESIST AN UNFATK CLAJM. 83 
 
 support your defence. The first impulse, even with 
 the professional advocate, is to rebel against an 
 adverse decision ; much more is this the case with 
 the person who himself suffers. Resist this im- 
 pulse. Say nothing at the moment; not only if 
 you think that the judge has been free from preju- 
 dice, but even if you think he has been unfairly 
 biassed against you. Go home. Think the matter 
 over quietly. If possible, talk it over with some 
 sensible and judicious friend. If after doing this 
 you still feel convinced that the decision is wrong, 
 go and see your solicitor. Tell him as exactly as 
 possible what took place at the trial. Then ask him 
 whether under the circumstances he thinks you had 
 better apply for a rehearing. He will probably 
 know much better than you do the character of the 
 judge, and unless he is very decided in his opinion 
 that you should apply for a rehearing, you had 
 better accept and make the best of your defeat. 
 Should he be distinctly in favour of your trying 
 again, you must attend at the next County Court 
 sitting, and apply to the judge for a fresh trial. 
 Perhaps, on the whole, it will be as well that the 
 application should be made by your solicitor, as it
 
 84 ABOUT GOING TO LAW. 
 
 would come with much greater weight from him. 
 But you need employ him only to make the appli- 
 cation, for which he will probably charge a guinea. 
 Make sure about this. If he is a sensible as well 
 as an honourable man, he will not resent your asking 
 him what his fee will be. You had better be 
 guided by him as to whether, if the application is 
 granted, you should demand a jury. As I have 
 already pointed out, the advisability of asking for a 
 jury will depend much upon the character of the 
 judge ; and on this point your solicitor will probably 
 be better able to form an opinion than yourself. 
 Where the judge as is the case with most of 
 them is not only conscientious and painstaking, 
 but open to conviction, he had better be asked to 
 rehear the case. Where he is prejudiced and per- 
 verse, a jury should be asked for, if he does not 
 suggest a jury ; and when your case is retried, you 
 must not be afraid of the judge. 
 
 It may be that at the first trial the judge has 
 decided against you on some point of law. Against 
 this decision you may, under some circumstances, 
 appeal to the Supreme Court. But I need not go 
 into this branch of the subject. The probability
 
 HOW TO RESIST AN UNFAIR CLAIM. 85 
 
 is that he is right, or that if wrong his mistake 
 does not really affect his decision. Here you must 
 distrust your own judgment. If it seems, however, 
 that he is clearly wrong on a point which really 
 affects his decision, you must again go to your 
 solicitor. It is most likely that he will see some 
 good legal reason for the judge's decision, which 
 you, from your want of legal knowledge, have 
 failed to understand. It may not be what you 
 consider justice, but it is well to remember what I 
 have already pointed out, that there are rules 
 of law which in the main work well, though here 
 and there they cause hardship. These rules the 
 judge is bound to follow. 
 
 If your solicitor thinks the decision of the 
 judge on the law of the case is only open to 
 question, you will not, if you are wise, try to 
 dispute it. If he is quite sure that the judge 
 is wrong, and you have the money to spare, it may 
 be worth your while to appeal. But remember 
 this : if you appeal you must be out of pocket as 
 to costs even if you win. Should you decide to 
 appeal, you must put the matter in the hands of 
 your solicitor, where I now leave it.
 
 86 ABOUT GOING TO LAW. 
 
 It will be observed that in all I have hitherto 
 said I have supposed that you are resisting a claim 
 made in the County Court. But as I have already 
 remarked, the County Court can deal with claims 
 only for sums of limited amount. If, therefore, 
 the claim against you is such as cannot be tried by 
 the County Court, you will, of course, be sued in 
 the High Court. Now there is nothing to prevent 
 you from defending yourself against an action 
 brought in the High Court. We have lately had 
 one or two cases which have excited great interest 
 when one of the parties has defended the action 
 and conducted the whole case in person. In one 
 instance, indeed that of Mr. Bradlaugh the 
 most important and difficult questions of law were 
 argued with skill and ability which drew words of 
 the highest praise from some of our most eminent 
 judges. These, however, are not common cases. 
 An ordinary person who has had no legal training 
 and experience will find great difficulty in either 
 bringing or defending an action in the High Court, 
 even with our new and in some respects more 
 simple forms. 
 
 If, however, it is an action which you must
 
 HOW TO RESIST AN UNFAIR CLAIM. 87 
 
 resist, and you are not able to employ a solicitor, 
 you must, of course, do the best you can. On 
 receiving the writ, you must go to a solicitor and 
 get him to enter an appearance; 1 then you must 
 consult him in exactly the same way as I have 
 advised you to do in defending an action in the 
 County Court, the only difference being that here 
 he will probably have to draw up for you a written 
 statement of your defence. If you find that the 
 action is to be tried at a distance from where you 
 live, and you have witnesses living near you, you 
 should, if possible, get the action tried at the 
 Assizes in your own county. I really think that 
 I should rather confuse than help you by trying to 
 give you any more precise instructions than these. 
 I will only add that if you have to defend such an 
 action yourself you will have to spend most of your 
 time in working out all the steps to be taken. 
 If, on the other hand, you have means and can 
 employ a solicitor, you must be prepared for much 
 worry and anxiety, as well as for the absolute 
 
 1 Unless yon live iu or near London, or at or near a town where 
 there is a district registry of the Supreme Court, in either of which 
 cases you can enter an appearance yourst-lr*.
 
 88 ABOUT GOING TO LAW. 
 
 certainty that even if you win you will be out of 
 pocket as regards costs. 
 
 My advice as to what you are to do at the trial 
 of an action in the County Court equally applies 
 to a trial in the High Court. Most of the judges 
 of the High Court are even more considerate and 
 painstaking than the County Court judges when a 
 man conducts his own case. But they are far more 
 hampered by rules of practice, and very often 
 cannot bring themselves to relax them in your 
 favour.
 
 CHAPTEK III. 
 
 HOW TO ASSERT A JUST CLAIM. 
 
 How to act wheii you are the Plaintiff Personal Considerations 
 Procedure in the County Court High Court Difficulties 
 Aim at a reasonable Settlement. 
 
 THIS will be a very short chapter. My hints for 
 avoiding litigation apply quite as much to a case in 
 which you are making a just claim, as to a case in 
 which you are resisting an unfair claim. If, there- 
 fore, you have a claim against anybody which you 
 think is a just claim, you had better read the 
 chapter (Chap. II.) containing those hints. Be guided 
 especially by what it says as to your making quite 
 sure that you are right. Be on your guard against 
 thinking too much of what you may be strictly 
 entitled to. You may well be entitled to all that 
 you claim, and yet it may be very hard upon the 
 other side if you exact it. Try to put yourself in 
 the place of the person against whom you have the 
 claim, and be ready to make allowances. Whilst
 
 92 ABOUT GOING TO LAW. 
 
 insisting upon your full legal rights, show readiness 
 to settle upon reasonable terms. Above all things, 
 avoid doing, saying, or writing anything which 
 may irritate or anno}^ the person against whom the 
 claim is made by making him feel unpleasantly 
 conscious that you have him in your power. 
 Want of delicacy and consideration does more 
 than anything else to bring about lawsuits. If 
 you can do no good with your adversary by these 
 fair means, then if you are sure of success, carefully 
 read what I say in the first chapter (pp. 45, 47) as 
 to the way in which the action must be brought. 
 Should you be able to bring it in the County Court, 
 then read Chapter II., and, placing yourself in the 
 position of plaintiff, you will understand what you 
 will have to do in order to enforce your claim after 
 you have begun your action. 
 
 In order to do this, you must go to the County 
 Court office, taking with you any letters, papers, and 
 memoranda. The Kegistrar's Clerk will take your 
 instructions, and will also require you to pay a fee 
 of one shilling for every pound you may claim. 
 He will then give you a note, which you must take 
 care to keep, and have with you whenever you have
 
 HOW TO ASSERT A JUST CLAIM. S3 
 
 occasion to go there again, as well as when you 
 attend at the hearing. The defendant will be served 
 by the officer of the County Court with the 
 summons containing short particulars of your 
 claim. As to any other steps to be taken before 
 the hearing, including request for a jury, summons 
 to witnesses, and so on, you will obtain all necessary 
 information at the Registrar's Office, where, as a rule, 
 the clerks are most obliging. 
 
 If your claim is one which cannot be tried in 
 the County Court, and you are unable to obtain the 
 consent 1 of the other side to have it tried there, you 
 must, of course, begin it in the High Court. I 
 have already explained how difficult it is for any one 
 who is not a lawyer to carry on a lawsuit in the 
 High Court, and at the same time given, so far as is 
 possible in such a little work as this, hints as to 
 how you are to set about it. 2 I will only add that 
 after the action is begun you should do all you 
 possibly can to have the matter settled on reason- 
 able terms ; bearing in mind, of course, what I have 
 already said as to your writing or saying nothing 
 which may be used against you. 3 
 
 1 Ante, p. 47. 2 Ante, p. 86. 3 Ante, p. 14.
 
 CHAPTER IV. 
 
 HINTS TO WITNESSES. 
 
 How you may come to be a Witness Caution as to witnessing of 
 Signatures The witnessing of a Will Hints to Accidental 
 Witnesses Prudence of making a Memorandum of Facts and 
 the Like Compulsory attendance as a Witness The Sub- 
 poena Rate of Expenses Penalties for neglecting the 
 Subpo3na Minor and Grave Offences Witnessing on Sum- 
 mons or under a Warrant Scale of Expenses for Professional 
 and Ordinary Witnesses Hardship of the System Taking 
 down your Evidence Hints about Depositions What to do 
 when your Case comes on In the Witness-box Taking the 
 Oath Examiuatiou-iu-Chief Leading Questions Cross- 
 Examination Browbeating Attempts to Discredit Con- 
 flicting Evidence Re-Examination Production of Writings 
 Notices to Produce. 
 
 IT may happen that either willingly or against your 
 will you become witness of a fact which proves to 
 be material in a dispute, or in a criminal charge. 
 You may be asked by a neighbour to witness a 
 will, and the will may be disputed. You may be, 
 by chance, at hand when an assault or robbery is 
 committed, or when a carriage accident happens in 
 the street. When you become of your own free
 
 98 ABOUT GOING TO LAW. 
 
 will a witness to any fact, you are morally bound 
 to state, if necessary, what you believe to be the 
 fact. You should, therefore, be careful that you 
 do not needlessly or heedlessly put yourself in this 
 position. Never witness a signature to any 
 writing by any one, unless you know him pretty 
 well. In every such case take care to see before 
 you sign it that there are words above where you 
 are going to sign your name which show that you 
 are signing only as a witness. The usual words 
 are, " Signed," or " Signed, sealed, and delivered in 
 the presence of; " though only the word " Witness " 
 is sometimes put, and is sufficient except in the 
 case of deeds. If you sign your name under such 
 words, there is no risk of your finding that you 
 have put your name to anything which makes you 
 personally liable. The person who asks you to 
 witness his signature will generally tell you what 
 it is an agreement, or a lease. But if you 
 know him sufficiently well to agree to be a 
 witness, and you take the precautions I have 
 advised, it is not at all necessary that you should 
 know what the writing is about. If the man is a 
 chance acquaintance, or one whom you distrust,
 
 HINTS TO WITNESSES, 99 
 
 you are quite justified in saying that you never 
 become a witness except for intimate friends. 
 
 When you are asked to witness a will, or 
 a codicil to a will, remember that it must also be 
 witnessed by another person besides yourself; that 
 he and you must both be present when the person 
 making the will signs it; that the person whose 
 will it is should distinctly ask you both to witness 
 it as his will or codicil ; and that you must both 
 sign your names as witnesses in his presence, as 
 well as in the presence of each other. It is always 
 well to make an independent memorandum that 
 you witnessed so-and-so's will on that particular day. 
 "When you sign your name as a witness to the 
 signature of somebody else, you, of course, can only 
 witness the fact that he signed his name to a par- 
 ticular writing. You are not in ordinary cases 
 expected to know what the writing was about. 
 But when you become a witness to a will you are 
 obliged to know that the person whose signature 
 you are witnessing is making his will. He should 
 ask you to witness it as his will or codicil. 1 You 
 
 1 An actual request by the testator is, however, not strictly 
 necessary. Inglesant v. Inglesant, L. R. 3 P. & D., 172. 
 
 G 2
 
 100 ABOUT GOING TO LAW. 
 
 are told by him that he is signing an important 
 writing, which deals with the property he will leave 
 behind him at his death. Now we all know that 
 wills lead to more differences and lawsuits than 
 almost anything in human affairs. Those whose 
 hopes of getting something have been disappointed 
 are only too ready to persuade themselves that 
 there has been something wrong. Either some one 
 has been unfairly influencing the dead man, or his 
 mind had become affected. Where, therefore, you 
 have reason to think that there will be disputes 
 about a will, avoid becoming a witness to its signa- 
 ture if you can fairly do so. There may, of course, 
 be cases in which it would be wrong to refuse on 
 this ground. You may have reason to suppose 
 that the will of a person who has asked you to 
 witness it will be disputed, on the ground that 
 there has been undue influence or menial in- 
 capacity. If you are sure that there is no founda- 
 tion for so disputing it, and you know that no one 
 else can be got whose evidence would be so strong 
 and independent as yours, then you should set 
 aside all thought of your own convenience, and 
 become a witness. Fortunately, such cases veiy
 
 11IXTS TO WITNESSES. 101 
 
 seldom occur; but whenever they do, a memor- 
 andum of all the circumstances should be made at 
 once. Such a memorandum will be of great use if 
 the will should be disputed, for you will be able to 
 refer to it when called as a witness. 1 
 
 It is a difficult question of duty how far one is 
 bound to come forward when one has accidentally 
 become witness of facts which bear on a dispute. 
 If it were quite clear that injustice would be done 
 unless the evidence were given, it would no doubt 
 be wrong not to come forward. But it seldom is 
 clear. Very often, indeed, a casual observer feels 
 doubtful as to what he has seen, and still more 
 doubtful whether what he has seen will throw 
 much, or any, light upon the matter. On the 
 Avhole, therefore, unless you are quite sure as to 
 what you saw or heard, and unless you are also 
 quite sure that real injustice will be done if you do 
 not come forward, you may keep out of the fray 
 with a clear conscience. 
 
 If you do make up your mind to come forward, 
 you should let the person in whose favour your 
 evidence will tell know what you have got to say. 
 
 1 See next page.
 
 102 ABOUT GOING TO LAW. 
 
 For the reasons which you will find stated farther 
 on you will, however unless you have complete 
 confidence in his good faith only let him know 
 this generally in the first instance. In every case 
 where facts occur within your observation, or words 
 come to your ears which you think may become 
 the subject of a lawsuit or a criminal charge, you 
 will do well at the first possible moment to write 
 down what you saw or heard. Apart from its 
 value as a record, you can take it into the witness- 
 box and read it ; for practically that is what the 
 law on the subject amounts to. Though it is on 
 all accounts desirable that the entry or memoran- 
 dum should be made as soon as possible, the 
 maxim, "Better late than never," applies here. 
 It is true that in one case a witness was not 
 allowed to refer to notes which he had prepared 
 some icee/cs after the transaction had occurred. 1 
 But if you are " prepared to swear positively 
 that the notes were taken down at a time when " 
 you " had a distinct recollection of the facts there 
 
 1 R. v. Sir A. Gordon Kinloch, 25 How, St. Trials, 934937. 
 B. v. Home Tooke, cited 25 How, St. Tr., 936. Burrongh v. 
 Martin, 2 Catnp., 112. Smith v. Morgan, 2 M. & Rob., 257. Wood 
 v. Cooper, 1 Car. & Kir., 645.
 
 HINTS TO WITNESSES. 103 
 
 narrated," you will in general be allowed to use 
 them, though they were drawn up a considerable 
 time after the transaction had occurred. 1 You 
 will, of course, produce the original memorandum. 
 If, however, it has been lost, or mislaid, or destroyed, 
 and } T OU have a copy of it, there is little doubt 
 you would be allowed to use it. 3 It is important 
 to bear in mind that any such memorandum has 
 one great advantage. If you are quite sure you 
 made it when the transaction was fresh in your 
 memory, it does not matter that you have quite 
 forgotten all or any part of the facts. 3 You are 
 very properly allowed to say that though the facts 
 have now faded from your memory, you are quite 
 sure you set them down correctly in the memoran- 
 dum. There is only one other thing I need say 
 
 1 Taylor ou Evidence, 1218, citing R. v. Sir A. Gordon Kinloch 
 ubi supra, and Wood v. Cooper, 1 Car. & K., 646, per Pollock, 
 C.B. I have not dealt with the question " What are original 
 memoranda, and what are copies ? " as to which there is much con- 
 fused comment on a number of decisions, in the work I have just 
 cited. The practical effect of the decisions is the advice given 
 above, so far as this branch of evidence is concerned. 
 
 2 Burton v. Plummer, 2 A. & E., 344. Jones v. Stroud, 2 
 C. & P., 196. It seems very doubtful whether a copy can be used 
 if the original is in existence, unless it has been mislaid. 
 
 3 R. v. St. Martin's Leicester, 2 A. & E... 210.
 
 104 ABOUT GOING TO LAW. 
 
 as to these notes. They do not become evidence 
 themselves because you produce and read them. 1 
 But the person against whom your evidence is given, 
 or his advocate, has a right to look at them. You 
 must hand the memorandum to him if he asks for it, 
 and he may put questions to you about its contents. 2 
 
 You can be compelled to attend and give 
 evidence in any lawsuit or criminal inquiry by 
 any of the persons directly concerned in the 
 matter; by the plaintiff or defendant if it is a 
 lawsuit, by the prosecutor or the accused if it is 
 a criminal charge. As the law on this subject is 
 different in the case of criminal inquiries and 
 trials from the law in civil trials or lawsuits, I 
 will deal with lawsuits first. 
 
 You can only be compelled to give evidence in 
 a lawsuit by receiving a notice to attend, which is 
 a copy of what is called a subpoena. 3 This is 
 
 1 Alcock v. Royal Excli. Insurance Co., 13 Q. B., 292. 
 
 2 Sinclair v. Stevenson, 1 C & P., 582. 
 
 3 "There is no common law obligation on any person to give 
 evidence on the part of another. The duty is created by the service 
 of a writ of subpoena, and by that means only." (Lush., Common 
 Law Practice, p. 524.) Even when a person whose evidence is 
 required is in court, he may refuse to be sworn unless he has been 
 subpoenaed. Bowles v. Johnson, 1, W. Blackstoue, 36.
 
 To ttz4!ftti&Stt& 105 
 
 obtained in the Court in which the proceedings are 
 going on. When the copy of the notice is served 
 upon you, the original subpoena should be shown to 
 you, and a sum of money should be actually offered 
 to you, which will be sufficient to pay your 
 reasonable expenses in going to, staying at, and 
 returning from the place of trial. 1 The amount 
 allowed for these expenses will depend upon what 
 you are. If you are a mechanic, you may fairly 
 require that you should be paid second-class fare 
 to and from the place of trial, and 5s. a day for 
 living expenses. If you are a clerk, you ought to 
 have first- class fare and 10s. a day for living 
 expenses ; if you are a merchant or professional 
 man, or a person of means, you ought to have 
 first-class fare and 1 a day. You can claim 
 nothing as compensation for loss of time and 
 earnings, whatever your condition or occupation 
 may be. 2 But when a lawsuit is ended, the officer 
 of the court who passes the bill of costs is directed 
 to make an allowance according to a fixed scale to 
 
 1 Ashton v. Haigh, 2 Ch., 201. Fuller v. Prenf ce, 1 H. Bl., 49. 
 ~ Not even where there has been an express premise to pay it, 
 Collins v. Godefroy, 1 B. & Ad., 950.
 
 106 ABOUT GOING TO LAW. 
 
 the witnesses, in addition to their expenses actually 
 paid. 1 
 
 If for any reason you have come to the place 
 of trial without having received your expenses, 
 you may refuse to give your evidence until they 
 are paid. Any one, however, who reads these 
 pages ought never to be in this position unless 
 he is quite sure that he will be paid. 2 If he does, 
 he should take care to let it be known that he 
 must have his expenses before he is called, so as 
 to avoid the unpleasantness of having to refuse 
 publicly when he has been sworn. If you live 
 in the town in which the trial is to take place, 
 you are not entitled to require any payment for 
 expenses. 3 
 
 It is stated in the books of practice that you are 
 
 1 There seerus to be no doubt that where ou taxation this 
 allowance has been paid to the litigant or his solicitor, the witness 
 can compel him by action to pay it over to him. Lush., Common 
 Law Practice, p. 526. 
 
 2 Where a witness does refuse to give, and does not, in fact, 
 give evidence, because his expenses are not paid, he may still 
 compel the person who subpoenaed him to pay them. Pell v. 
 Daubeny, 5 Exch., 955. 
 
 3 It is customary to offer a shilling to a witness living in London 
 when the action is to be tried in London, but this is not necessary 
 in ordinary cases. Jacob v. Huugate, 3 D.P.C., 456.
 
 HINTS TO WITNESSES. 107 
 
 not bound to attend unless the subpoena has been 
 served upon you a reasonable time before the trial. 
 This sounds only fair. But take care that you are 
 not misledby the dateon thenotice. The assizes may 
 be going on at the county town thirty miles off, when 
 a man comes to your house with a paper in which 
 you are told "to set aside all things and cease 
 every excuse," and appear at the county town at ten 
 o'clock in the forenoon of the day before yesterday, 
 to testify the truth, according to your knowledge, in 
 a certain .action between John Jones, plaintiff, and 
 Thomas Eowe, defendant; and you are also told 
 that " this you shall in no wise omit, under the 
 penalty of 100." Now on the face of it this is 
 scarcely giving you notice a reasonable time before 
 the trial. Nevertheless, if the man tells you that 
 the action has not been tried, post off at once ; ] for 
 the subpoena bears date the day on which the 
 Assizes begin, and they may last for many days. 
 Whenever, then, you are served with a subpoena to 
 attend as a witness, and have received such a 
 reasonable sum as I have already described for your 
 travelling and living expenses, you had better 
 
 1 Dacres v. Lovell, 7 D.P.C., 178. .
 
 108 ABOUT GOING TO 
 
 attend on the day mentioned in the notice; or if 
 that day is passed, as soon as you can get there, 
 unless you receive written instructions to the con- 
 trary from the solicitor who conducts the case for 
 the person in whose favour you are to give evidence. 
 Note that I say written instructions. The course of 
 business at sittings for trying actions, whether at 
 Assizes or in the County Court, is so uncertain that, 
 as a rule, it is quite impossible to say when a case 
 will be called on. The solicitor may think and say 
 that it cannot be reached before a certain time. 
 But he may not be aware that a number of cases 
 which come before him will not be defended or will 
 be settled. 
 
 It is, of course, the duty of every citizen to 
 " testify the truth according to his knowledge," in 
 any proceedings where that testimony really has a 
 distinct bearing upon the question to be tried. But 
 it may be that you have been subprenaed where you 
 have nothing material to say, and feel that you are 
 being dragged at great inconvenience, and possibly 
 at great loss, away from your home and business. 
 Still, you had better submit, for it is possible, though 
 not probable, that the consequences of your non-
 
 HINTS TO WITNESSES. 109 
 
 appearance may be serious. In the first place, your 
 non-appearance is a contempt of the court which 
 has caused you to be summoned, for which you may 
 be punished by fine and imprisonment. It is true 
 that the court will not inflict the punishment unless 
 on proof of all the requirements of service having 
 been strictly complied with, and so on, that you were 
 not present when duly called, and that you were a 
 material and necessary witness. 1 But a disappointed 
 litigant might put you to serious annoyance and ex- 
 pense by moving for what is called an attachment, 
 though he failed to get you fined or imprisoned. And 
 if he could not get you fined and imprisoned for con- 
 tempt of court, he might worry you with an action, 
 though in the action he could not recover damages 
 unless he showed that he had a good cause of 
 action, 2 and that you were a material and necessary 
 witness. 3 It may happen that you hold some letters, 
 documents, or writings, and that one side or the 
 other consider it important that they should be 
 produced. In that case you will receive a notice to 
 attend at the trial and produce them. If so, you 
 
 1 Taylor v. Willans, 4 M. & P., 59. 
 
 2 Mullett v. Hunt, 1 C. & M., 758. 3 Lush., Practice, p. 533.
 
 110 ABOUT GOING TO LAW. 
 
 must take them, though you may have good reasons 
 for objecting to produce them. 1 You can make 
 your objection to produce them when you are 
 called, and the judge, if it is a proper objection, will 
 allow it. 'Even if he does allow it, you are still 
 entitled to your expenses as a witness. 
 
 When an offence has been committed which 
 renders the offender liable to punishment either by 
 fine or imprisonment, the supposed offender must 
 in every instance be summoned or taken 2 before the 
 justice of the district (called a Petty Sessional 
 division) or borough, in which the offence has been 
 committed. 3 
 
 Offences may be broadly divided into "minor 
 offences," which the justices have power to hear 
 and decide at once, and grave offences, which they 
 
 1 Not obeying such a subpoena is, unless explained, a contempt 
 of court. Amey v. Long, 9 East, 472. Corsen v. Dubois, Holt, 
 239. 
 
 2 He is " summoned " where the offence is of a minor character. 
 He is " taken " where the offence is of a grave character, in which 
 case he may be arrested with or sometimes without a warrant, 
 issued by a justice. He may also be arrested under a warrant if ho 
 disobey a summons. 
 
 3 Where there are paid magistrates, such as the police magistrates 
 in London, or the stipendiary magistrates in certain large towns, he 
 is taken before them.
 
 HIXTS TO WITNESSES. Ill 
 
 can only inquire into so far as to decide whether 
 the accused ought to be put upon his trial before 
 a jury. If they think there are good grounds for 
 a trial by a jury, they commit him for trial either 
 at the Quarter Sessions or at the Assizes. 1 If not, 
 they dismiss the case. 
 
 It is considered by our law to be the public 
 duty of every citizen to give evidence which will 
 tend to bring offenders against the law to justice. 
 It has, therefore, made provision for compelling the 
 performance of this duty, whether the charge is 
 that of committing a minor offence, or that of 
 committing a grave offence. If you are able to 
 give material evidence in any such case, you will 
 probably think it right to let it be known. I say 
 probably, because it is quite possible that the case 
 may be one in which you do not feel called upon 
 to put yourself to the grave inconvenience and 
 almost certain loss which are caused through being 
 a witness on such an occasion. Of course, if what 
 you can say tends to show that the accused is not 
 
 1 The most serious charges are supposed to be only triable at 
 Assizes, but the present classification is arbitrary and unsatis- 
 factory.
 
 112 ABOUT GOING TO LAW. 
 
 guilty, you will not hesitate, but will let him or 
 his friends know what you have to say, and will 
 take care to be present at the inquiry. 
 
 As I have already mentioned, whether you 
 volunteer to give evidence or not, you can be 
 compelled to attend before the justices. If it is 
 made appear to any Justice of the Peace in 
 whose jurisdiction you live, by the oath of any 
 one, that you are likely to give material evidence 
 for the prosecution, or for the prisoner, 1 and that 
 you will not voluntarily appear for the purpose of 
 being examined as a witness at the time and place 
 appointed for the examination of the witnesses 
 against the accused, he must issue a summons 
 requiring you to attend. If you don't attend, and 
 can offer no "just cause " for not attending, he 
 may issue a warrant against you, upon which you 
 will be arrested and brought up. He may even 
 issue a warrant in the first instance if he is satisfied 
 by sworn evidence that it is probable that you will 
 not attend and give evidence without being com- 
 pelled to do so. Where you have attended in 
 obedience to the summons, or under the compulsion 
 1 30 & 31 Vic., c. 35, ss, 3 & 4.
 
 IIIXTS TO WITNESSES. 113 
 
 of a warrant, you may be sent to prison for not 
 more than seven days if you refuse to give evidence, 
 or refuse to answer such questions as may be put 
 to you without offering any just excuse for such 
 refusal. 1 These provisions, broadly speaking, apply 
 equally to all offences. 2 Where, however, the 
 charge is one which can be decided at once by the 
 justices, you cannot be apprehended under a warrant 
 for disobeying a summons to attend and give 
 evidence unless it is proved upon oath that " a 
 reasonable sum was paid or tendered to you " for 
 your costs and expenses. 3 
 
 With this exception, no tender of fees or 
 expenses is necessary, either on the part of the 
 prosecution, or of the prisoner in criminal cases. 4 
 
 The legislature has, however, made provisions for 
 
 1 11 & 12 Vic., c. 42, s. 16. 
 
 2 The main exceptions are made in s. 35 of 11 & 12 Vie. c. 43. 
 
 3 11 & 12 Viet,, 43, s. 7. 
 
 4 Pell v. Daubeny, 5 Ex. R. 959. For Bayley, J., cited 2 Russ., 
 C. & M., 948 11. R. v. Cooke, 1 C. and P. 322. Except where 
 you are living in another distinct part of the United Kingdom, in 
 which case you are not liable to any punishment for disobedience 
 to a summons, unless at the time you are served with it a "reason- 
 able and sufficient sum of money to defray your expenses in 
 going, attending, and returning," has been tendered to you. 45 
 Geo. 3, c. 92, s. 4. 
 
 11
 
 114 ABOUT GOING TO LAW. 
 
 the payment of the expenses incurred by witnesses 
 in criminal cases. If the charge is one which must 
 be tried before a jury, then, as a general rule, you 
 will be allowed your expenses of attending before 
 the magistrates, either as witness for the Crown or 
 prisoner, 1 whether the accused is committed for 
 trial 2 or discharged. 3 The scale is not very liberal, and 
 its allowance is in the discretion of the examining 
 magistrate. Medical men and lawyers get not more 
 than 10s. 6d. a day for each attendance to give pro- 
 fessional evidence, if they live in or not more than 
 two miles from the place where the examination 
 takes place. If they live elsewhere, they may get 
 a guinea. But their evidence must be professional. 
 If it is not, they get the allowance only of ordinary 
 witnesses. This allowance is Is. a day when the 
 witness lives in or not more than two miles from 
 the place where the examination is taken, and Is. 6d. 
 if he lives elsewhere, or if he is detained from home 
 more than four hours. If he is detained from home 
 more than six hours, he may be allowed 2s. 6d. If 
 he lives at such a distance that he must sleep 
 
 1 30 & 31 Vic., c. 35, s. 5. 2 7 Geo. 4, c. 64, s. 22. 
 
 3 29 & 30 Vie., c, 52, s. 3.
 
 HINTS TO WITNESSES. 115 
 
 from home, lie may be allowed not more than 
 2s. 6d. a night. For travelling expenses, doctors and 
 lawyers may be allowed not more than 3d. a mile 
 each way, if they have to come more than two 
 miles. All other witnesses who have to come more 
 than two miles are allowed second-class fare if they 
 can come by rail, or 3d. a mile each way if they 
 cannot. 
 
 If the accused is committed for trial, you are 
 bound over to attend and give evidence, either at 
 the Quarter Sessions or the Assizes, as the case may 
 be ; and when you have attended and given evi- 
 dence, " the Court " that is, the presiding judge 
 may, if it thinks fit, allow you the following sums 
 for your " trouble, expenses, and loss of time." 
 
 If you are a lawyer or a doctor, you will get a 
 guinea a day for attending to give professional evi- 
 dence, with 2s. 6d. allowance for each night you are 
 necessarily away from home at Assizes, and 2s. at 
 Quarter Sessions. You will also get not more than 
 3d. a mile each way for travelling expenses, if you 
 live more than two miles away. If you are called, 
 not to give professional, but only ordinary evidence, 
 you will get only the ordinary allowance to 
 H 2
 
 116 ABOUT GOING TO LAW. 
 
 witnesses. This allowance is 3s. 6d. a day, 2s. 6d. 
 for each night you are necessarily away from home 
 at Assizes, 2s. for each night at Quarter Sessions. 
 For travelling expenses, if you live more than two 
 miles off, you will get second-class railway fare, or 
 not more than 3d. a mile each way. It will be seen 
 from the above statement that for any one who is 
 engaged in earning a living, attending as a witness 
 is not a profitable business. This duty of attending 
 to give evidence in criminal cases is indeed one of 
 the most burdensome that a citizen has to fulfil. 
 
 It is not so much felt where the witness is 
 well-to-do, and the waste of a day or two is not 
 of much moment. But it is quite a different 
 matter where the witness is a merchant or a shop- 
 keeper, whose attendance at his office or counter 
 is of real importance. Even then the hardship is 
 not so great as in the case of the artisan or 
 labourer, whose subsistence as well as the sub- 
 sistence of others generally depends on his daily 
 wage. The hardship is increased by the fact that 
 the meagre allowance for expenses is not made 
 until after the witness has attended and given 
 evidence. The effect of this regulation is in every
 
 HINTS TO 1VITNE8SEX. 117 
 
 way objectionable. In a large majority of cases 
 the poorer witnesses are unable to get to the 
 county town without assistance, and this they 
 often obtain from the prosecuting solicitor. Every 
 citizen who is summoned to give evidence, whether 
 in a civil or criminal court, should be entitled to 
 claim that his reasonable expenses should be paid 
 him beforehand. 
 
 When it becomes known as it generally 
 does become known that you are able to give 
 evidence, you will no doubt be called upon by 
 some one. If your evidence is supposed to be 
 against the person charged, the solicitor for the 
 complainant or for the prosecution, if it is a serious 
 and important case, will come to see you. If it is 
 an ordinary criminal charge, you will probably be 
 called upon by a police constable. If it should 
 happen that what evidence you can give is in 
 favour of the person charged, you will be waited 
 upon by him or some one for him. Whoever 
 comes to see you will want to know exactly what 
 you have got to say, and will probably want to 
 take down in writing what you can prove. There is, 
 as a rule, no objection to this being done ; indeed,
 
 118 ABOUT GOING TO LAW. 
 
 on the whole it is usually desirable. Take care, 
 however, not to be induced to overstate facts, or to 
 state as facts what you suppose to have happened. 
 
 Remember also that you can give evidence only 
 of what you have yourself done or seen relating to 
 the matter in dispute, and that, as I have before 
 said, 1 you cannot give evidence of what you have 
 heard somebody else say, unless what you have 
 heard is something admitted against himself by 
 one of the parties. It is quite as necessary to 
 bear this in mind where a solicitor or his clerk 
 takes down what you can say, as when the party 
 himself does so, because the solicitor seldom fails 
 to become a partisan, and because unfortunately 
 work of this sort is often done by very ignorant 
 and careless persons in a very slipshod way. For 
 this reason also you should insist upon seeing 
 what has been taken down after it has been copied 
 out, as very often you are made to say what you 
 have not said at all, or what you have said is 
 overstated. This tendency to make too much of 
 your evidence must be expected where there is such 
 a strong inducement to do so, and where, as is too 
 
 1 Ante, p. 57.
 
 HINTS TO WITNESSES. 119 
 
 often the case, the clerk who does this part of the 
 work is not very particular. It is always well, if 
 you can get it, to have a copy of what has heen 
 taken down. Of course, when you do not consider 
 it desirable to let either side know what you have 
 to say, you should still write out for your own use 
 exactly what you can prove. If you attend before 
 the justices as a witness in a case which they 
 cannot dispose of at once, your evidence will he 
 taken down in writing by an official. When you 
 have finished, the written statement, which is called 
 a deposition, will be read to you. Take care that 
 you have your wits about you when this is done. 
 Listen attentively to every word. If you are made 
 to say anything you have not said or have not 
 meant to say, stop the clerk and insist upon it 
 being made right, for this deposition will, if the 
 accused is committed for trial, be forwarded to the 
 court at which the final trial before a jury takes 
 place. Both the prosecutor and the accused are 
 entitled to copies of it. If the accused is defended 
 by counsel, any difference between your evidence 
 as contained in this deposition and as you give it 
 at the final trial, will be made the most of by the
 
 120 ABOUT GOING TO LAW, 
 
 counsel for the defence, as you will see farther on 
 when I come to deal with that part of the business. 
 
 Whether you are a witness in a civil or 
 criminal case, you will, as I have already explained, 
 be communicated with by some one on behalf of 
 the person in whose favour it is, known or supposed, 
 that your evidence will tell. Whoever it may be, 1 
 you will learn from him where and when you are 
 to attend. As soon as you get to the place at 
 which your evidence is to be given, put yourself 
 in communication with him, and when the Court 
 has opened never absent yourself without finding 
 from him whether you may safely do so. 
 
 If the trial takes place at Assizes, or Quarter 
 Sessions, or a large County Court, where many 
 cases are to be tried, you will probably find the 
 duty very irksome; for you can never be sure 
 when you may be wanted. At criminal trials this 
 is especially the case. And even at civil trials 
 there is far more uncertainty than there should 
 be, though some attempt is made at our larger 
 assize towns to reduce this annoyance by daily 
 
 1 In criminal cases it is usually a police constable who has charge 
 of the case. Ante, p. 117.
 
 HINTS TO WITNESSES. 121 
 
 cause-lists, and by recent rules with reference to 
 the entering of causes. I assume that you have 
 carefully prepared yourself for " testifying the truth 
 according to your knowledge." If so, you will do 
 well to occupy yourself with observing the pro- 
 ceedings in the court which you are attending. 
 There is always much to interest an intelligent 
 person, whether the cases are civil or criminal. As 
 a witness, summoned to attend the court, you 
 ought to be able to find a seat, though at Sessions 
 and Assizes it is frequently difficult to get one. 
 
 When the case in which you are a witness is 
 called on, you must, of course, insist upon being 
 allowed to be at hand. It now and then happens 
 that on the application of one side or the other all 
 the witnesses in a case are ordered to be out of 
 court. This is supposed to be done in order that all 
 possibility of collusion may be avoided by examin- 
 ing each witness out of the hearing of the others. 
 It is, however, not a very effective precaution where 
 there really is collusion with a view to false 
 evidence. The solicitor on each side, of course, 
 remains, even if he should be a witness, 1 and, as a 
 
 1 Pomeroy v. Baddeley, Ry. and M., 430.
 
 122 ABOUT GOING TO LAW. 
 
 matter of invariable practice, each party in civil 
 actions remains, though it is doubtful whether, as 
 a matter of legal principle, he too ought not to be 
 out of court where he is to be called as a witness, 1 
 unless he is conducting his own case, when he 
 must, of course, remain in court. 2 But a prose- 
 cutor in a criminal case, if he is to be called, ought 
 to withdraw. 3 If, by any chance, the witnesses are 
 ordered out of court, take care to go out at once. 
 Remain, however, near the door, so as to be ready 
 when called, as nothing is so apt to ruffle the 
 temper of those concerned in a case, from the judge 
 down, as any delay in the appearance of a witness 
 after he has been called. For the same reason, be 
 sure not to have a glove on your right hand 
 when you enter the witness-box. It irritates 
 the usher, who has to administer the oath, and 
 the necessary pause whilst it is being taken off, 
 attended as it always is by signs of impatience 
 on all sides, has a very disconcerting effect on 
 
 1 In Charnock v. Devings (3 C. aiid Kir., 378), Talfourd, J., held 
 that he had no power to order the parties to leave the court. But 
 this was before the parties to a cause could be called as witnesses. 
 
 2 Cobbett v. Hudson, 1 E. and B., 14. 
 
 3 B. v. Newman, 3 C. and Kir., per Lord Campbell, 260.
 
 HINTS TO WITNESSES. 123 
 
 the witness. Be ready with any notes you may 
 have to produce or refer to, taking care that you 
 keep none which you are not entitled to use. 1 
 
 On entering the witness-hox look steadily 
 round so as to clearly understand how you are 
 placed with respect to the judge, the jury if there 
 is a jury and the person who is going to examine 
 you. Before he begins his examination, an officer 
 of the court will hand you a Testament, and 
 repeat to you the following form of oath : " The 
 evidence which you shall give to the court and jury 
 sworn [touching the matter in question] 3 shall be 
 the truth, the whole truth, and nothing but the 
 truth, so help you, Grod." You will then kiss the 
 book. If you are of the Hebrew persuasion, he 
 will, on your saying so, hand you a copy of the 
 Pentateuch, and will repeat the oath in the 
 same way as if you were a Christian. If you 
 are a member of the Society of Friends, or a 
 Moravian Brother, or a Separatist, you will, of 
 course, mention the fact. He will then hand 
 
 1 See ante, p. 77. 
 
 2 In criminal trials the words " between our Sovereign Lady the 
 Queen and the prisoner at the bar" (or "defendant" in the case of 
 misdemeanours) are used instead of the words in brackets.
 
 124 ABOUT GOING TO LAW. 
 
 you the proper form of affirmation, which you 
 will repeat after him. 1 
 
 Until within recent times, the law of this 
 country made it necessary that any one who gave 
 evidence should be sworn according to some religious 
 ceremony. A Mahomedan must be sworn on the 
 Koran. 2 The evidence of a Gentoo, who swore by 
 touching with his hand the foot of a Brahmin, was 
 admissible. 3 A Chinaman, who swore by kneeling 
 down, breaking a saucer, and declaring that if he 
 did not tell the truth his soul " would be cracked 
 like the saucer," could give evidence. 4 But no one 
 could testify, either in civil or criminal cases, 
 who did not take an oath of some kind, and in 
 order to take an oath it was necessary that he 
 should believe in the existence of a Grod, and that 
 divine punishment would be the consequence of 
 false swearing. This is the law still, except so far 
 as Acts of Parliament expressly dispense with the 
 obligation of taking an oath. 5 The first dispensa- 
 
 1 Where a Quaker or Moravian lias seceded, lie is still entitled 
 to affirm (1 & 2 Vic., c. 77). 2 R. v. Morgan, 1 Lea, cc. 51. 
 
 3 Omichund v. Barker, 1 Atk., 21. 
 
 4 B. v. Entrehman, 1 Car. and M., 248. 
 
 3 Maden v. Catanaeh, 7 H. & N., 360, per Pollock, C.B.
 
 HINTS TO WITNESSES. 125 
 
 tion was made in 1839 in the case of the Quakers 
 and Moravian Brethren. 1 And now another Act of 
 Parliament has provided that you shall not be 
 disqualified from being a witness because you 
 object " from conscientious motives " to be sworn, 
 whatever your religious belief may be. In such 
 a case you will be entitled to make a solemn 
 declaration. 2 But in order to claim this privilege 
 you must have some religious belief, for the form 
 of declaration is as follows : " I, John Jones [or 
 whatever your name may be], do solemnly, sin- 
 cerely, and truly declare that the taking of any 
 oath is, according to my religious belief, unlawful, and 
 I do also solemnly, sincerely, and truly declare." 
 
 Now there are some who have, or think they 
 have, no religious belief; who doubt, or disbelieve 
 in, the existence of a Supreme Being. In 1869 an 
 attempt was made to meet this case, but it was a 
 rather clumsy attempt. You must object to take 
 the oath, and then " if the presiding judge is 
 satisfied that the taking of an oath would have no 
 binding effect upon your conscience," you will be 
 allowed to make the following declaration : " I 
 1 9 Geo. 4, c. 32. * 17 & 18 Vic., c. 120, & 20.
 
 126 ABOUT GOING TO LAW. 
 
 solemnly promise and declare that the evidence 
 given by me to this court shall be the truth, the 
 whole truth, and nothing but the truth." The 
 defect in this provision is that it leaves a discretion 
 to the judge. Any one should be offered the alterna- 
 tive of taking the oath or making a declaration 
 without being asked for, or even allowed to give 
 any reason for his choice. Of course, any one who 
 wilfully and corruptly gives false evidence after 
 making a declaration, is liable to the same punish- 
 ment as if he had taken an oath. All these pro- 
 visions apply to both civil and criminal cases. 
 
 When this formal business of swearing or 
 declaring is over, your examination by or on be- 
 half of the person who has called you will 
 begin. If you are examined by a solicitor or 
 barrister, he will put a few introductory questions 
 to you which will enable you to collect your 
 thoughts, and will then take you on to the 
 important part of your evidence. Remember to 
 speak clearly and distinctly. There are certain rules 
 which are intended to prevent a witness from being 
 asked questions in such a way as to suggest to 
 1 32 & 32 Vic., c. 68, s. 4.
 
 HINTS TO WITNESSES. 127 
 
 him what answers he shall give. These, as I have 
 already mentioned, are called " leading questions." 
 The most common form of such questions is, " Did 
 you do so and so ? " or " Did you say such and such 
 a thing ? " When such questions are put, the other 
 side may object; and the other side may also object 
 when a question is put, the answer to which is not 
 such as can be received, either because it is not evi- 
 dence, or for any other reason. When lawyers are 
 engaged on both sides, or on one side only, objections 
 are constantly made to questions on the ground that 
 they ought not, for these and other reasons, to be 
 put. Where there are lawyers on both sides, such 
 objections lead to much wrangling. The objection 
 to questions because they are leading questions is 
 often made when it should not be made ; for the 
 rule does not apply to that part of the evidence 
 which is merely introductory to the really important 
 part.; 1 ; Even where the objection is properly made, 
 the question, and the suggestion it makes, have 
 generally got to the ears of the witness, so that the 
 mischief, if any, has been done. These discussions 
 
 1 Nicholls v. Dowdiug, 1 Stark, B. 81, per Lord Ellen- 
 borough.
 
 128 ABOUT GOING TO LAW. 
 
 seldom, therefore, serve any useful purpose, except 
 occasionally to put the witness out. When you 
 hear the words, "I object," or " Don't answer that 
 question," don't say a word until you are told to 
 go on. And don't get flustered. You have, so far, 
 at all events, done nothing wrong. But listen 
 attentively to what is said, particularly to what the 
 judge says, for his discretion as to allowing a 
 question to he put, although it is a leading question, 
 is absolute. 1 It may be that the question you have 
 been asked is one which you may answer, and that 
 the only objection is that the way in which it has 
 been put points out the answer you are expected to 
 give. In that case it will be repeated in a different 
 way, and then, of course, you will state the fact 
 if it is a fact which the question suggested. 
 But it may also be that the question is one the 
 answer to which you would not be allowed to give 
 as evidence. If the judge decides that it is of this 
 sort, you will, of course, take care not to refer to it, 
 otherwise you will expose yourself to an angry 
 remark from the opposing counsel, and possibly a 
 sharp word of remonstrance from the man who is 
 
 1 Moody v. Rowell, 17 Pick., 498.
 
 HINTS TO WITNESSES. 129 
 
 examining you ; for, however glad he may be to get 
 out the fact, it is not impossible that he may be 
 mean enough to make a scapegoat of you. Some- 
 times, too, on these occasions, the judge also lectures 
 you on the enormity of your conduct, and you 
 have a bad time of it all round. 
 
 I have already told you 1 that you have the 
 right to refresh your memory by referring to any 
 written note or entry in a book, made by yourself 
 either at the time of the fact it relates to, or at 
 farthest so recently afterwards as to render it 
 probable that your memory had not then become 
 defective. You had better refer to what I have 
 said about making your note or entry as soon as 
 possible, having the original note or entry ready, 
 and being prepared to hand it to the person who is 
 going to cross-examine you upon it. As much as 
 possible stick to facts. But if you should have to 
 state a fact which you think needs explanation, 
 state the fact and then give the explanation. It 
 may be that though nearly sure, you still do not 
 feel quite sure as to a particular fact. In that 
 case say so, for though our law of evidence 
 
 1 Ante, p. 102.
 
 ]30 ABOUT GOING TO LAW. 
 
 requires that you shall depose to such facts only 
 as are within your own knowledge, it does not, to 
 use the words of the text-book, require you " to 
 speak with such, expression of certainty as to 
 exclude all doubt." 1 
 
 Be also particularly careful to keep back nothing. 
 State all you know. When your proof is taken 
 down, the person who takes it down, if any part 
 of your evidence is adverse to his client, will try 
 to omit it. If so, insist upon it being put down. 
 You are bound to tell everything without re- 
 servation. Our law properly adopts this view, 
 so that if only half the story is told at first, the 
 other half may be got out by cross-examination.- 
 For this reason, any attempt to keep back evi- 
 dence is ill-advised as a matter of policy, though, 
 of course, this does not concern you. 
 
 I have said that you are to state facts. You 
 are not, as a rule, to express opinions or even 
 to draw inferences. You may, for instance, say 
 what you have heard or observed in the con- 
 versation or conduct of one whose sanity is in 
 
 1 Taylor on Evidence, 2. 
 
 1 May. & Corp. of Berwick v. Murray. 19 L. J., cli. 281, 286.
 
 HINTS TO WITNESSES. 131 
 
 question ; but you would be pulled up very 
 sharply if you expressed your opinion or belief 
 as to his being sane or not. 1 There are some 
 exceptions to this rule. If you have had oppor- 
 tunities of observing the mutual deportment of the 
 parties in a breach of promise case, you may express 
 your opinion as to whether they were attached 
 to each other. 2 And if you are what is called an 
 " expert," you may express pretty well any opinion 
 you like on the matter in hand. But on this 
 branch of the law of evidence I shall say nothing, 
 for I much doubt whether I should be doing much 
 service if I tried to explain what an expert is, 
 and what opinions he may express. I certainly 
 do not intend these hints for the use of experts. 
 
 During your examination-in-chief you will 
 be civilly treated, for you will no doubt be called 
 by the side in whose favour your evidence is 
 expected to be. But you must expect very 
 different treatment when the other side or his 
 advocate gets up to cross-examine you, for his 
 
 1 The American law allows those who have had opportunities of 
 observation to express such an opinion or belief. Clary v. Clary , 
 2 Iredell, 28. Chase v. Lincoln, 2 Mass., 237. 
 
 Trelawuey v. Col mail, 2 Stark, R., 192. 
 i 2
 
 l&J ABOUT GOING TO LAW. 
 
 object is as much as possible to discredit you aud 
 your evidence. 
 
 The way in which you are handled by the 
 cross-examining advocate or counsel, will depend 
 upon the qualifications of the man who does the 
 work. If he is able, experienced, and judicious, he 
 will treat you with consideration, and will put 
 whatever questions he does put in a quiet way, as 
 if he were seeking further information. For he is 
 well aware of the dangers which attend reckless 
 cross-examination. His object will be to lead you 
 into some statement or admission which does not 
 agree with what you have already said. If you 
 have given your evidence-in -chief honestly and 
 straightforwardly, there will not be much danger 
 of your being entrapped into any such apparent 
 difference. Should this happen, however, you will, 
 of course, if possible, set it right at once. This he 
 will probably try to prevent. If so, don't be too 
 eager about it. It may be desirable to wait till he 
 has done. The other side will, doubtless, re-examine 
 you. Then you can give your explanation without 
 being interrupted. But, as a rule, give your ex- 
 planation as soon as any apparently unfavourable
 
 HINTS TO WITNESSES. 133 
 
 admission has been obtained from you. It is your 
 right, and if, as occasionally is the case, it is clear 
 that a strong prejudice will be created in the minds 
 of the jurymen unless the matter is at once set 
 right, you should insist upon making your explana- 
 tion, and, if necessary, appeal to the judge. Men 
 who are able, experienced, and judicious, are, how- 
 ever, not common either in the law or elsewhere, 
 and the chances are that the man who cross- 
 examines you will try to browbeat you. Don't be 
 afraid of him. If you are not, and if you take 
 care not to lose your temper, you are sure to have 
 the best of it. Great latitude, which is too 
 often allowed to become licence, is given to 
 advocates and counsel. But an honest witness, if 
 he retain his self-possession, ought never to get 
 the worst of it. You should never bandy words 
 with the man who is cross-examining you. But if 
 he is grossly impertinent you are entitled to resent 
 it, and should do so temperately but firmly. If 
 the judge is a just judge, and a fairly strong judge, 
 he will back you up. 
 
 I have already said that if you are called to 
 prove only one simple fact, you may be cross-
 
 134 ABOUT GOING TO LAW. 
 
 examined as to what you know about everything 
 that is in dispute ; l and I have warned you to tell 
 all you know in the first instance. But though 
 great latitude is allowed, the cross-examiner has 
 no right to ask you questions on matters outside of 
 the question in dispute. To this there are excep- 
 tions. He is allowed to try to damage your 
 character by asking you whether you have been 
 guilty of crime or of improper conduct. 2 If the 
 crime or improper conduct suggested have reference 
 to the inquiry, your denial may be met by proof 
 that the suggestion is true. If not, your denial 
 will be conclusive, unless it is suggested that you 
 have been convicted of an offence. In that case the 
 conviction may be proved against you. 3 
 
 This is an awful consequence of a criminal con- 
 viction no one can fully realise how awful who 
 has not seen the effect produced on a witness who 
 
 1 Morgan v. Brydges, 2 Stark, Rep. 314. 
 
 2 Harris v. Tippett, 2 Camp., 638. R. v . Tewin, id., 639. R. ?-. 
 Barnard, and R. v. James, cited in note to 1 Car. and P., 86, 87. R. 
 v. Watson, 2 Stark, R. 149. 32 How, St. Tr., 292 et seq., S.C. R. 
 v. Lewis, 4 Esp., 225, Macbride v. Macbride, id., 242, and R. v. 
 Pitcher, 1 C. and P., 8-5, where questions tending to degrade were 
 not allowed to be put, are not any longer authorities. 
 
 3 28 and 29 Yic., c. 18, s. 6.
 
 HINTS TO WITNESSES, 135 
 
 has once been so branded, by the question, " Have 
 you ever been in trouble ? " Yet it occasionally 
 works the most cruel injustice. A man has com- 
 mitted some petty theft when a lad, it may be many 
 years before. He has retrieved his character, lived 
 an honest life, become an honest citizen. If he 
 enter a witness-box he may have his character 
 blasted. The great majority of mankind are 
 neither heartless nor spiteful. But they have 
 themselves and their own interests to think of. 
 They cannot be expected to do more than accept 
 without scrutiny facts publicly stated which affect 
 others. I can only advise any honest citizen for I 
 should be sorry to think it impossible that any one 
 who has once committed a theft should ever become 
 honest who has been convicted of crime, not to 
 enter a witness-box at all, if he can in any way 
 avoid doing so. 
 
 I have said that you cannot be asked about 
 matters which do not relate to the subject of the 
 trial. But anything you have said or done which 
 tends to show that you have an interest, or even a 
 strong feeling, one way or the other, may have a 
 very important bearing on the question. You may,
 
 -*36 ABOUT GOING TO LAW. 
 
 therefore, be asked whether you have expressed 
 feelings of hostility towards one side or the other, 
 in a civil action, 1 or against the prisoner in a 
 criminal trial, 2 and if you deny that you have, you 
 may be contradicted by other witnesses. 3 For this 
 reason, if for no other, avoid as much as possible 
 entering into any casual conversation or discussion 
 on the subject of any case in which you expect to 
 be called as a witness. 
 
 You may also be asked whether you have not 
 made a statement which is in any particular incon- 
 sistent with the evidence you have just given, and 
 if you deny that you have, proof may be given that 
 you did in fact make such a statement. Bear in 
 mind, however, that you cannot be asked generally 
 and vaguely whether you have made some state- 
 ment which does not agree with your evidence. 
 " The circumstances of the supposed statement, 
 sufficient to designate the particular occasion, must 
 be mentioned to you," and you " must be asked " 
 
 1 Attwood v. "Welton, 7 Conn., 66 ; an American case. 
 
 2 B. v. Tewin, 2 Camp., 638. 
 
 3 So it would appear from the dictum in A. G. v. Hitchcock, 1 
 Ex. R. 94, 100, 102, though in Harrisons. Gordon, 2 Lew., C.C.. 156. 
 Alderson, B., is said to have held otherwise.
 
 HINTS TO WITNESSES. 137 
 
 whether or not you have made a particular state- 
 ment. 1 
 
 If the suggested contradictory statement is in 
 writing, you are not entitled to have the writing 
 shown to you, but if it is intended to contradict you 
 by it, your attention must be called to those parts 
 of it which are to be used for the purpose of con- 
 tradicting you. 1 The occasion on which you will 
 be exposed to this kind of cross-examination will 
 probably be a criminal trial, where } r ou will have 
 already given your evidence before the justices. If 
 the prisoner is defended, the barrister who defends 
 him will have a copy of your deposition before 
 him, whilst you are telling your story for the second 
 time, and will be sure to note any variation or 
 addition. This he will probably try to make the 
 most of. 
 
 It may be that you have made some slight 
 addition to your evidence before the justices, such 
 
 1 17 & 18 Vie., c. 125, s. 23. Angus v. Smith, M. & M., 473 
 Crowley v. Page, 7 C. & P., 789. Andrews v. Askey, 8 C. & P., 7. 
 Magrath v. Browne, Arm. M. & O., 133. The Queen's Case, 2 B. & 
 B., 313-14. 
 
 2 17 & 18 Vic., o. 125, SB. 24 & 103. 28 & 29 Vie., e. 18. ss. 
 1 &5.
 
 138 ABOUT GOING TO LAW. 
 
 as "there were several persons in the room," 
 instead of " there were six or seven persons in the 
 room." 
 
 This the counsel will deal with as follows : 
 
 " You have told us that there were several 
 persons in the room. You were examined before 
 the magistrates ? " 
 
 " Yes." 
 
 " And your evidence was taken down and read 
 over to you, and you signed it ? " 
 
 " Yes." 
 
 "Now listen to me." Awful pause, during 
 which the hamster glares at you. " Did you say 
 that before the magistrates ? " 
 
 If on this being put to you the counsel who 
 has examined you in chief or the judge does not 
 interfere, which is not at all impossible, you should 
 reply- 
 
 " If I did say anything on this point I must 
 ask you to read it." 
 
 Then he will be obliged to read out, " There 
 were six or seven persons in the room." 
 
 Upon this you will observe, " I have no doubt 
 that was what I did sav. I consider it sub-
 
 HINTS TO WITNESSES. 139 
 
 stantially the same thing." Or it may be that 
 you add some immaterial facts which escaped }*our 
 memory at the trial, such as 
 
 " The prisoner had a hrown cap on," instead 
 of " the prisoner had a cap on." 
 
 Thereupon the cross-examining counsel will 
 sternly ask you 
 
 " Did you say one word about the cap being 
 brown in your evidence before the magistrates ? " 
 
 Strictly speaking, these questions as to omis- 
 sion can be put only by the judge. 1 You are not 
 entitled to look at the deposition yourself to make 
 sure. Your reply therefore should be 
 
 " It is possible that I did not, but I must ask 
 that what I did say should be read." 
 
 It is, however, very desirable that you should 
 not, in criminal cases, add to your evidence if you 
 can help it, for such additions weaken its effect; 
 and the more important they are the more forcible 
 will be the grounds for urging that they are 
 afterthoughts had recourse to for the purpose of 
 bolstering up the case. 
 
 1 Who has power " to make such use " of the written statement 
 " for the purposes of the trial as he may think fit." 17 & 18 Vic., 
 c. 125. s. 24.
 
 140 ABOUT GOING TO LAW. 
 
 Of course, yon cannot avoid immaterial dis- 
 crepancies or variations, and though a sharp advo- 
 cate will make a good deal of merely verbal 
 differences, they will have no weight with the 
 judge, and he will take care, if he is equal to his 
 work, that they will have none with the jury. 
 
 As you will have gathered from what I have 
 already written, the person hy whom you are called, 
 or his advocate, has the right when your cross- 
 examination is over to ask you questions in re- 
 examination, with the object of explaining or setting 
 right anything you have said in cross-examination. 
 
 I have already mentioned that as a general rule, 
 where anything which has to be proved is in 
 writing, the writing must be produced. This is 
 only common sense. Where what has taken place 
 or what is agreed to be done has been put into 
 writing, it is reasonable to suppose that the written 
 terms contain a correct statement of what took 
 place or was agreed. In case, therefore, of dispute, 
 it is but fair to require that the writing should be 
 produced. Our law-books are full of cases which 
 settle when such writings must be produced. The 
 exceptions, however, are so few that you may take
 
 HINTS TO WITNESSES. 141 
 
 it broadly that you must be prepared to produce 
 all writings which bear on the matter in dispute. 
 You will, of course, have preserved your part of any 
 agreement, and you will also, I hope, have kept all 
 letters written to you as well as copies of all you 
 have written on the subject. The other side should 
 be called upon to produce all original papers, and to 
 admit all copies in your possession. As to the 
 service of these notices on the other side, you had 
 better unless, of course, you employ a solicitor 
 see the Clerk at the Eegistrar's Office, taking with 
 you a memorandum of the dates of the papers and 
 letters you want to have produced and admitted. 
 
 The object of giving these notices is to save 
 trouble and expense in proving any writing or 
 letters you want to use. This will not be necessary 
 if the person against whom you want to prove it 
 admits it. 1 If it is in his hands, and he refuses 
 to produce it, 3 or it is in the possession or under 
 
 1 Slatterie v. Pooley, 6 M. & W., 664. 
 
 2 Mr. Justice Stephen doubts whether the case (Entick v. 
 Carrhigton, 19, S. T. 1073), cited iu support of this proposition, 
 proves it. But he states it as a rule of evidence, and, as he 
 observes, it is a necessary rule of evidence. '' Digest of Law of 
 Evidence," p. 69.
 
 U-2 ABOUT GOING TO LAW. 
 
 the control of a stranger who is not legally bound 
 to produce it ; l or if it can be shown that it has 
 been destroyed or lost ; 2 in any of these cases its 
 contents may be proved by copies or even by oral 
 accounts of the contents, given by some one who 
 has himself seen the original writing. 
 
 1 Miles v. Oddy, 6 C. & P., 732. Marstou v. Dowues, 1 A. 
 & E., 31. 
 
 " The actual destruction need not be proved (R. v. Johnson, 7 
 East, 66). Nor need the loss be further proved than by your 
 swearing that you have made reasonable search for it (R. r. 
 Saffron Hill, 22 L. J., M. C. 22.)
 
 CHAPTER V. 
 
 HINTS TO JURYMEN. 
 
 Liability to serve Special Juries Persons exempt Jury Lists 
 Defects of the present System The Grand Jury Common 
 and Special Jurors The Swearing-in The Foreman Hints 
 to Jurors during a Case The Summing-up Considering the 
 Verdict Certificate of Service. 
 
 WHEN a question of fact, either in a civil action or 
 criminal charge, has to be tried by a jury, a jury 
 must be summoned to try it. The duty of serving 
 on juries is in most cases irksome, and, in almost 
 all cases under the present arrangements, causes 
 serious expense or loss to the juryman. It is, 
 however, imposed on a comparatively limited body 
 of citizens. 
 
 If you have 10 a year clear in land for life, or 
 on a lease for ten years, or for any number of years, 
 determinable on the death of somebody ; or if you 
 live in the County of Middlesex and are rated to 
 the poor rate or the inhabited house duty on a
 
 146 ABOUT GOING TO LAW. 
 
 value of not less than 30 a year ; or if you live in 
 any other county and are similarly rated on a value 
 of not less than 20 ; or if you occupy a house 
 which has not less than fifteen windows, you are 
 liable, unless you come under any of the many 
 exemptions I shall soon mention, to serve on 
 juries in all the Superior Courts and at Assizes, as 
 well as on both grand and petty juries at Quarter 
 Sessions 1 and on juries at Coroners' inquests. 2 
 
 If you are a burgess of any borough which has 
 a separate Court of Quarter Sessions, you are 
 qualified and liable to serve on either the grand 
 or the petty jury at the Quarter Sessions for the 
 borough. 3 
 
 Where the dispute is a civil dispute, either of 
 the parties may on certain terms have the case 
 tried before a special jury. Every man who is 
 " legally entitled to be called an Esquire," or who 
 
 1 6 Geo. 4, c. 50, s. 1. 33 & 31 Vic., c. 77, s. 1. 
 
 2 6 Geo. 4, c. 50, s. 52. Except in liberties, franchises, cities, 
 boroughs, or towns corporate, not being counties, or any cities, 
 boroughs, or towns which are counties of themselves. In these, the 
 juries are to be of the same description as before the Act, whatever 
 that may be. 
 
 3 5 & 6 W, 4, c. 76, s. 121.
 
 HINTS TO JUPYMEX. 147 
 
 is " a person of higher degree/' or " a banker or a 
 merchant," or " who occupies a private dwelling- 
 house rated or assessed to the poor rate or to the 
 inhabited house duty on a value of not less than 
 100, in a town containing at the preceding census 
 20,000 inhabitants, or 50 elsewhere," or who 
 occupies premises, other than a farm, rated or 
 assessed at not less than 100, or a farm rated 
 or assessed at 300, is qualified and liable to serve 
 on special juries. 1 
 
 If, however, you are under twenty-one or over 
 sixty you are not bound to serve ; and there are a 
 large number of dignities, offices, and occupations, 
 the possession or pursuit of which is made by Act 
 of Parliament a ground of exemption from the per- 
 formance of this duty. The following is a list of 
 persons thus exempt : 
 
 Admiralty Court. Officers of the 
 
 Apothecaries certificated by Apothecaries' Company. 
 
 Army Officers, while in full pay. 
 
 Barristers actually practising. 
 
 Borough Treasurers. 
 
 Burgesses of Boroughs having a separate Quarter Sessions, so 
 
 1 County Juries Act, 1870, s. 1. 
 J 2
 
 148 ABOUT GOING TO LAW. 
 
 far as the Quarter Sessions of the County in which they 
 
 are situated are concerned. 
 Chancery. See " Courts of Law." 
 
 Chemists. Pharmaceutical, if registered and actually in practice. 
 Civil Law. Members of the Society of Doctors of 
 Civil Law. Advocates of, if actually practising. 
 Clerks. See " Police Magistrates." 
 Clerks, Managing. See "Solicitors." 
 Clerks of the Peace and their deputies. 
 Conveyancers. Ceiiificated 
 Clergymen. 
 Coroners. 
 
 Correction. Keepers and Sub-Officers of Houses of 
 Courts of Law and Equity. Officers of the 
 Customs Commissioners.. Officers or Clerks of the 
 Dentists, if duly registered (40 and 41 Vic., c. 33, s. 30). 
 Dissenting Ministers. See " Ministers." 
 Doctors. See " Medical Practitioners " and " Civil Law." 
 Ecclesiastical Courts. Officers of the 
 Equity Courts. See " Courts of Law." 
 Gaolers and their Sub-Officers. 
 House of Commons. Members and Officers. 
 House of Lords. Peers and Officers. 
 Income Tax Commissioners (43 and 44 Vic., c. 19, s. 40). 
 Inland Revenue. Commissioners and Officers of 
 Jews. See "Ministers." 
 J\idges, of all the Courts. 
 Justices of the Peace. 
 
 For Counties So far as relates to any jury summoned to 
 serve at any Sessions of the Peace, for the jurisdiction of 
 which he is a Justice of the Peace,
 
 HINTS TO JURYMEN. 149 
 
 For Boroughs So far as the County in which the Borough 
 is situated is concerned. 
 
 Law Courts. See " Courts of Law." 
 
 Lawyers. See "Barristers," "Conveyancers," "Notaries," 
 " Special Pleaders," " Solicitors." 
 
 Lords, House of. See " House of Lords." 
 
 Lunatic Asylums. Keepers in Public 
 
 Magistrates, Metropolitan Police. See "Police Magistrates 
 and " Justices." 
 
 Medical Practitioners. 
 
 Members and Licentiates of the Royal College of Physicians, 
 
 if actually practising. 
 
 Members and Licentiates of the Royal Colleges of Surgeons 
 of London, Edinburgh, and Dublin, if actually practising. 
 All registered Medical Practitioners, if actually practising. 
 
 Members of Parliament. 
 
 Mersey Docks and Harbour Board, Members of the. 
 
 Militia. Officers of the, whilst on full pay. 
 
 Ministers of any Congregation of Protestant Dissenters and of 
 Jews, whose place of meeting is duly registered, provided 
 they follow no secular occupation except that of School- 
 master. 
 
 Navy, Officers in the, whilst on full pay. 
 
 Notaries (Public), in actual practice. 
 
 Peers. 
 
 Physicians. See " Medical Practitioners." 
 
 Pilots licensed by the Trinity House, and all Pilots licensed 
 under any act or charter. 
 
 Police Officers (Rural and Metropolitan). 
 
 Police Magistrates (Metropolitan). Their clerks, ushers, door- 
 keepers, and messengers.
 
 150 ABOUT GOING TO LAW. 
 
 Post-Office Officers. 
 
 Priests. Roman Catholic 
 
 Probate Court. Officers of the 
 
 Proctors, if actually practising and having taken out their 
 
 certificates. 
 
 Protestant Dissenting Ministers. See " Ministers." 
 Queen's Household Servants. The 
 Registrars of Births, Deaths, and Marriages. Superintendent 
 
 Registrars and (26 and 27 Vic., c. 11, s. 29). 
 Roman Catholic Priests. 
 Serjeants-at-Law (so many as remain). 
 Sheriffs' Officers. 
 Solicitors, if actually practising, and having taken out their 
 
 annual certificates ; and their managing clerks. 
 Special Pleaders. 
 Stipendiary Magistrates. 
 Surgeons. See " Medical Practitioners." 
 Town Clerks. 
 Town Councillors. 
 
 Trinity House. The Master, Warden, and Brethren of the 
 Yeomanry. Officers in the, whilst on full pay. 
 
 It is the duty of the churchwardens and over- 
 seers of the poor in every parish, and of the over- 
 seers of the poor of every township, 1 to make out 
 before September 1st in every year, a list of all 
 men in their respective parishes and townships 
 
 1 In obedience to a precept which the Clerk of the Peace of each 
 county is required to send them on or before the 20th of Jidy in 
 every year. Juries Act, 1862, 25 & 26 Vic., c. 10, s. 1.
 
 HINTS TO JURYMEN. 151 
 
 qualified and liable to serve on juries. It is also 
 their duty in making out this list " to specify 
 which of such persons are in their judgment quali- 
 fied as special jurors." They are also required to 
 " specify in every case the nature of the qualification 
 and also the occupation and the amount of the rating 
 of every such person." l The act, however, expressly 
 and most properly provides 2 that the fact that you 
 are on the special jurors' list, or are qualified to be 
 a grand juror shall not exempt you from serving as 
 a common juror. In the face, however, of this 
 express provision, it was until recently the common 
 practice, not only to make out a separate list of 
 those who were qualified to be special jurors, but to 
 take their name out of the general or common jury 
 list. 3 On referring to the qualifications of special 
 jurors, it will be seen that all those belonging to 
 the well-to-do classes were thus reserved for the trial 
 
 1 County Juries Act, 1870, s. 11. 2 Ibid., s. 19. 
 
 3 The County Juries Act of 1825 certainly did direct the Sheriff 
 to " take from the year's jurors' book the names of all men who 
 shall be described therein as esquire, person of higher degree, or as 
 banker or merchant," and place them in a separate list, to be called 
 the " Special Jurors' List." This direction had probably been con- 
 strued to mean that their names should be altogether removed from 
 the General Jurors' List.
 
 152 ABOUT GOING TO LAW. 
 
 of civil cases, and relieved from the work of trying 
 criminal charges and minor civil disputes. The 
 effect of this was in every way objectionable. It 
 created a privilege for the rich. It relieved them 
 from taking their fair share in the more onerous and 
 important duty of deciding as to the guilt or inno- 
 cence of those charged with offences, and of sitting 
 upon juries in the smaller civil actions. Fortunately 
 this serious and unconstitutional violation of the 
 law was detected by some of our judges notably, 
 Lord Bramwell and Lord Chief Justice Coleridge. 
 They expressed their disapproval of it in the 
 strongest terms, and said that it must be discon- 
 tinued. It has, I believe, been discontinued in most 
 cases. I have myself been more than once an 
 amused listener to the expressions of anger by men 
 qualified to serve as special jurors, because they have 
 been summoned as petty jurymen. 
 
 The lists made out by the churchwardens and 
 overseers are affixed on the first three Sundays in 
 September on the doors of all the churches and 
 chapels in the parish or township, with a notice at 
 the foot stating that all objections to the list will 
 be heard by the justices at a time and place which
 
 HINTS TO JURYMEN. 153 
 
 will be mentioned. 1 If you have any ground for 
 exemption, you must attend this meeting and apply 
 to have your name taken off. Unless you do, you 
 must attend if summoned, 2 although you may have 
 good ground for exemption. 
 
 If your name has been put upon the jury list 
 for a county, you are liable to be summoned at any 
 time, either to the Quarter Sessions or to the 
 Assizes, 3 or to a County Court. 4 If you live in the 
 City of London, 5 and are put on the proper jury 
 list, you may be summoned to serve on juries at the 
 Royal Palace of Justice, 6 and to serve either on 
 grand or petty juries at the Central Criminal Court, 7 
 or on juries at the Lord Mayor's Court, or at the 
 
 1 Juries Act, 1825, s. 9. 
 
 2 County Juries Act, 1870, s. 12. 
 
 3 6 Geo. 4, c. 50, s. 52. See supra, p. 146. 
 
 4 9 & 10 Yic., c. 95, s. 72. 
 
 5 Which is a county of itself. 
 
 To try actions in any of its Divisions, or (21 & 22 Yic.,c. 25, s. 3) 
 questions of fact directed to be heard by the Chancery Division, or 
 (20 & 21 Vic., c. 77, ss. 36, 37) to try divorce cases or the validity of 
 wills. 
 
 7 4 & 5 W. 4, c. 36, s. 4. Those who live in such parts of Essex, 
 Kent, and Surrey, as are within the jurisdiction of the Central 
 Criminal Court, are also liable to serve on the grand and petty juries 
 of that court (ib.).
 
 154, ABOUT GOING TO LAW. 
 
 City of London Court. If you live in the County 
 of Middlesex you are if on the jury list liable 
 to be summoned to serve on juries at the 
 Royal Palace of Justice, at the Central Criminal 
 Court, and the Metropolitan County Courts. 
 Wherever you live, if you are on the jury 
 list, you may be summoned to serve on a jury 
 at a Coroner's inquest, 1 or on an inquiry whether 
 a person is sane or not. 2 
 
 I have done my best to explain the present law 
 as to the liability of the citizen to serve on juries. 
 But it is made up of so many Acts, which dovetail 
 into each other in such a puzzling way, that it is 
 very hard to make out what the law really is. 
 These Acts ought to be put together in one simple 
 and intelligible law ; and when this is done, I hope 
 the people will take care that those whom they 
 send to Parliament to make their laws shall make 
 it what it is not at present a just law. 
 
 For as it now stands it has very grave defects. 
 Those are exempted who have no reasonable claim 
 to be exempted, and the great body of the people 
 are shut out by a property qualification. Every 
 
 1 6 Geo. 4, c. 50, s. 52. 2 25 & 26 Vic., c. 86, s. 4.
 
 HINTS TO JURYMEN. 155 
 
 householder should be liable to take his turn at 
 the work. It is, no doubt, an irksome duty, but 
 it is an honourable and useful duty, and every 
 citizen should be called upon to discharge it, par- 
 ticularly in criminal cases. In civil cases a jury is 
 seldom of any use, as the experience of our County 
 Courts has completely shown. This experience 
 has, I am glad to say, at last led to the passing of 
 rules, the effect of which has already made jury 
 trials in the High Court much fewer than they 
 used to be, and will, if the rules are properly 
 worked, make them still fewer. 
 
 But though every citizen should be called 
 upon to take his share of such work, no one 
 should be called upon to do it at his own 
 expense. One of the most serious defects in our 
 jury system is that those who are called upon to 
 discharge the duty are practically not paid for their 
 work. 1 If you are summoned as a common juryman, 
 you must either run the risk of being fined, or you 
 must attend during the whole of the sittings at 
 your own expense. This is a grave hardship on 
 the common juror. 
 
 1 Each common juryman gets one shilling for every verdict.
 
 156 ABOUT GOING TO LAW. 
 
 When you are summoned to serve on a jury 
 the summons will come to you by post, 1 but it 
 must reach you six days at least before the day on 
 which you are required to attend, 2 otherwise you 
 are not liable to any penalty for non-attendance. 
 Even when you have not had the required notice, 
 however, it would not be prudent to disobey the 
 summons. If you are summoned on the grand 
 jury, either at Assizes or Quarter Sessions, you 
 must be present at the very beginning to be 
 charged by the judge or chairman. Until quite 
 lately no business was ever taken on the first day 
 of the Assizes, which was called the Commission 
 Day, because on that day the Sheriff received the 
 judges, and the Eoyal Commission for holding the 
 Assizes was opened and read. But recent rules 
 direct that the business shall begin on the first 
 day; the long formality of reading the pro- 
 clamation against vice and immorality is also 
 dispensed with, though some of the judges have 
 insisted on still having it read. The grand jury 
 
 1 Juries Act, 1862, s. 11 (25 & 26 Vic., c. 106, s. 11). 
 
 2 Juries Act, 1870, s. 20. This is to apply to any jury (see 
 6 Geo. 4, c. 5, s. 25, which appears to have been repealed by this 
 section).
 
 HINTS TO JURYMEN. 157 
 
 consists of from thirteen to twenty- three 1 jurymen. 
 When you have been called and sworn, the judge 
 or chairman charges you that is, draws your 
 attention to the more important cases in the 
 printed list of persons to be tried. This list is 
 called the Calendar, and you will be supplied with 
 a copy. When the judge has finished his address, 
 you will be taken to the grand jury room. Here 
 you will elect a foreman, and a succession of police- 
 men will appear with pieces of parchment, which 
 contain what is usually a short statement of the 
 charge against each person. 2 These are called the 
 Indictments. As each indictment is brought in, 
 the policeman in charge of the case brings in the 
 witnesses who are to prove it. He will do all the 
 necessary formal work. The duty of a grand jury 
 is not to try the case. All they have to do is to 
 decide whether the case is one which ought to be 
 tried by the petty, or common, jury. It must be 
 borne in mind that with very rare exceptions indeed, 3 
 
 1 There must be at least twelve, and the finding must be by not 
 less than twelve. 
 
 2 In some eases, such as perjury, it is often very long. 
 
 3 In charges of perjury and conspiracy where the magistrate 
 refuses to commit, Vexatious Indictments Act (22 & 23 Vic., c. 17).
 
 158 ABOUT GOING TO LAW. 
 
 every case lias already been carefully gone into 
 before the magistrates, who have decided that 
 the case ought to be tried by a jury. The work 
 done by the grand jury is therefore quite useless, and 
 here, again, I hope the people will insist that the 
 waste of their time and money, at all events at 
 Quarter Sessions, shall be given up. As, however, 
 you have been brought there, the best thing you 
 can do is to see that as little time as possible is 
 wasted. If you are lucky enough to have a 
 sensible and businesslike foreman you will not be 
 kept long over each case. The evidence of the 
 chief witness will usually be quite sufficient to 
 warrant your deciding that the case must be tried. 
 If so, you find a true bill. If by any chance it is 
 decided by a majority of the grand jury that the 
 case ought not be tried, they find no true bill. 
 As soon as the first true bill is found, the foreman, 
 having written a " True Bill " on its back, goes 
 with one or two others into the court, and hands it 
 to the officer who sits below the judge. The officer 
 looks at this, bill, and says, " Gentlemen of the 
 grand jury, you find a true bill against John Jones 
 for forgery." To which the foreman assents by a
 
 HINTS TO JURYMEN. 159 
 
 nod or bow, and returns with his fellows to the 
 grand jury room. The common jury are put to 
 try the case for which the true bill has been found, 
 and having work found for them which will 
 occupy them for some little time, the grand jury 
 wait until several bills have been found or 
 ignored before they return to court. When all the 
 indictments have been brought before you and 
 disposed of, you are called into the court and 
 dismissed by the judge, with the thanks of the 
 country which is all the reward you will get 
 for your services. 
 
 If you are summoned to attend as a special or 
 common juror at the Assizes or Quarter Sessions, 
 you must be there on the day and at the hour 
 named on the summons; unless you receive a 
 notice from the Under-Sheriff or Clerk of the 
 Peace that you will not be wanted before a 
 later day. It is not necessary that you should 
 as in the case of a grand juror be in the 
 Criminal Court when it opens. There are, how- 
 ever, in spite of the recent rules, sometimes 
 two courts sitting at Assizes, one for trying 
 criminal cases, the other for trying civil actions.
 
 160 ABOUT GOING TO LAW. 
 
 If you are a special juror, you need attend only in 
 the civil court. If a common juror, you may be 
 wanted in any court that is sitting. The business 
 of trying criminals cannot begin until the grand 
 jury has been charged and has found a bill for the 
 common jury to try. But the judge who tries 
 civil actions sets to work at once. Make your 
 way, therefore, into the civil court, and carefully 
 observe what is done. In some counties it is the 
 practice to take only cases for trial before a special 
 jury on the first day. In others it is the reverse. 
 In others, the list of causes is gone straight 
 through. But something will almost certainly be 
 said by one or two of the counsel, which will 
 explain to you what the arrangement is. As soon 
 as preliminaries have been settled, an officer of the 
 court, who sits under the judge, will say, " Grentle- 
 men of the petty jury," or " Grentlemen of the 
 special jury " (as the case may be), " answer to your 
 names." Then he will take a card from a box 
 before him and call out the name of a juryman. 
 " Thomas Jones, of Highmead, farmer." If 
 Thomas Jones answers, he will be told to " go into 
 the box." He will certainly answer if he is there,
 
 HTNTS TO JURYMEN. 161 
 
 and it is a special jury case, as special jurymen get 
 a guinea each for each action. If he is there, and 
 it it is a common jury case, he will probably not 
 answer the first time he is called, but wait and see 
 whether twelve other jurymen answer to their 
 names. If they do, he has escaped for that time. 
 But he is not yet safe. In due course the business 
 of the other, the Criminal or Crown Court, begins. 
 An officer of the court shouts out, " Common 
 jurors wanted in the other court," and he must 
 hurry off to find another officer calling out names 
 from cards. If you have come from a distance, 
 so that your day is lost, you had better answer to 
 your name, and do your share of the work, which 
 is quite worth doing. If you live in the town and 
 have business which really requires your attention, 
 you may if others are ready to do the work snatch 
 whatever time you can get. Remember, however, 
 that " if after being thrice called," you " are present 
 but do not appear," the presiding judge, if he finds 
 that you have done so, " shall set such fine upon 
 you as he may think meet," unless the juror can 
 give " some reasonable excuse by oath or affidavit." 
 From this it would seem that the judge may impose
 
 162 ABOUT GOING TO LAW. 
 
 what fine he pleases. Asa matter of fact, however, 
 the fine imposed on common jurors rarely, if ever, 
 exceeds 5, which is the largest fine that can be 
 imposed on a juror for neglecting to obey a summons 
 to attend a County Court. 1 
 
 Occasionally, after some parley by counsel with 
 the officer of the court, the latter says to a 
 juryman who has been called, " Mr. Jones, you 
 will not be wanted at present." This means that 
 for some reason or another, one side or the other 
 objects to you, and you leave the jury box. As 
 soon as twelve men are got into the box, the 
 officer of the court will say, "Gentlemen, stand 
 up." If you are in the court where civil actions 
 are to be tried, four Testaments will be handed to 
 the twelve jurymen, and you, with three others, 
 will take hold of one of them. You must take 
 hold of it with your right hand, which must be 
 ungloved. The officer, when he sees that you 
 have all got hold of a book, will say, " You shall 
 well and truly try the issue joined between the 
 parties, and a true verdict give according to the 
 evidence, so help you, God ! " Then each of the 
 1 9 & 10 Yict, c. 95, s. 72,
 
 HINTS TO JURYMEN. 163 
 
 jurymen in turn kisses the book. When you have 
 kissed the book sit down. The officer, when you 
 have all sat down, says, " The jury are sworn in 
 Freeland against Tomkins." 
 
 If you are called as a juror in the Criminal 
 Court, when twelve are got together, and have 
 been told to stand up, you will, as a rule, be 
 sworn separately from the others. The Testament 
 will be handed to you in your turn, the clerk will 
 say, " You shall true deliverance make between our 
 Sovereign Lady the Queen and the prisoner at the 
 bar, and a true verdict give according to the 
 evidence, so help you, Grod ! " Then kiss the 
 book, and remember to sit down at once. It 
 shows that you are sworn, and if you remain 
 standing you put the officer out. When all the 
 jury have been sworn, the clerk makes an old- 
 fashioned proclamation which has no real signifi- 
 cance. Then another official gives the prisoner 
 in charge to you, that is, he says, " Gentlemen of 
 the jury, the prisoner at the bar is charged with 
 having, on the 10th day of May, at such-and-such 
 a place, stolen a piece of cloth, the property of 
 William Wilkins." Then he tells you that you are 
 K 2
 
 164 AVOUT GOING TO LAW. 
 
 " to hear the evidence, and say whether the 
 prisoner is guilty or not guilty." After you are 
 sworn, whether the case is a civil case or a 
 criminal charge, a barrister gets up and says, 
 " May it please your Lordship, gentlemen of the 
 jury," and goes on to state what the case or charge 
 is. Where the charge is very simple, he some- 
 times calls the witnesses who are to prove it with- 
 out making any statement. 
 
 I have never sat upon a jury, but I have sat 
 for many days watching, with keen and attentive 
 interest, juries try cases. Therefore I think I may 
 safely give a few hints about the work to be done. 
 
 Every jury is supposed to elect a foreman. 
 Generally, however, I believe there is no actual 
 election or selection, but some one by a kind of 
 silent assent is turned to as the foreman the first 
 man. The only recognised duty of the foreman is 
 to deliver the verdict. But he generally is a man 
 who, by reason of his being more able and decided 
 than his fellows, leads them. 
 
 My advice to you as to the way in which you 
 can best do your duty on a jury is that you keep 
 your ears and eyes open and your mouth shut.
 
 HINTS TO JURYMEN. 165 
 
 Listen attentively to what is said, watch carefully 
 all that goes on, particularly the witnesses as they 
 give their evidence. The jury are the judges as 
 to the facts, and any juryman has the right to 
 have a question put to a witness. But as the 
 judge has the right to do so too, and as there is 
 always one lawyer there are generally two in 
 civil cases whose special work it is to get out all 
 the facts, it is very seldom desirable that a juryman 
 should put in his oar. Take care, therefore, that 
 you don't interfere unless you are quite sure that 
 something has been omitted. In any case keep 
 your questions until the examination of the witness 
 is quite finished, for it is almost certain that before 
 he is done with the fact you want will come out. 
 If it does not, and you feel sure it is important, 
 ask the judge to put the question you wish put. 
 When you are at the Assizes the j udge is addressed 
 as "my Lord ;" at Quarter Sessions he is "Sir." 1 
 Whilst I warn you against putting questions 
 unless you are quite sure that they are likely tc 
 bring out useful information, I should add that in 
 my experience I have repeatedly seen most material 
 
 1 Except, of course, when the chairman happens to be a peer.
 
 166 ABOUT GOING TO LAW. 
 
 evidence brought out by intelligent jurymen. I 
 should be sorry, therefore, to discourage jurymen 
 from the proper exercise of this right. The position 
 of a juryman is one which gives him a very good 
 opportunity for noting defects in the case. He 
 knows he has a duty to perform, and this gives 
 or ought to give him a strong interest in 
 what is said. But he is able to do this with- 
 out being over-anxious or flurried, as he sits 
 quietly looking on with eleven others to share the 
 responsibility. 
 
 When all that has to be said has been said, you 
 will be addressed by the judge. This is called 
 " summing-up." You are " not presumed to know 
 the law." 1 The judge is ; and it is his duty to tell 
 you, where necessary, what the law is. You are to 
 decide as to what the facts are. The way in which 
 the judge will do his part of the work will depend 
 upon the character of the man. Some will go 
 maundering on in a weak way, repeating from their 
 notes all the evidence that has been given, in the 
 most confusing and tedious manner. Then they 
 
 1 Lord Mansfield v. Rev. Dean of St. Asaph, 21. How. State 
 Trials, 1039.
 
 HINTS TO JURYMEN. 167 
 
 will end in this unsatisfactory way : " Now, 
 gentlemen, if you think so-and-so, you will find for 
 the plaintiff; 1 if you think otherwise, you will find 
 for the defendant. 2 Gentlemen, the question is for 
 you." 
 
 A clear-headed, intelligent, and painstaking 
 judge will state the main facts as proved, explain 
 their legal effect, and point out their bearing upon 
 the case. Sometimes, when the whole thing is very 
 simple and the facts clear, he will do what I have 
 more than once seen a most able and excellent 
 judge do. He will turn to the jury and say, with 
 a droll twinkle in his eye, " Well, now, gentlemen 
 of the jury, what do you say? " 
 
 As soon as the judge has finished, the officer of 
 the court says, " Consider your verdict, gentlemen," 
 and you turn round to consider it. One of the 
 most curious sights seen in a court of justice is that 
 of twelve jurymen discussing their verdict. In 
 most cases they are all pretty well agreed on the 
 main point. Where they are not, they generally 
 ask to retire, and are taken to a room where the 
 
 1 Or " a verdict of ' Guilty ' '' if it is a criminal trial. 
 
 - Or ' : a verdict of ' Not guilty ' " if it is a criminal trial.
 
 168 ABOUT GOING TO LAW. 
 
 question is argued out. In civil actions, par- 
 ticularly on the subject of damages, this is often a 
 matter of much difficulty. In criminal cases the 
 jury very seldom retire, as there is rarely any 
 reasonable doubt as to the guilt of the accused. 
 Where a prisoner is defended by an adroit and able 
 barrister, he will generally manage to make a 
 number of ingenious points. All I have got to say 
 about this is, don't be taken in ; don't be led away 
 from the real facts by mere suggestions. Of 
 course, if there is any reasonable doubt in your 
 mind you will give the accused the benefit of that 
 doubt, and you will never convict a man unless you 
 are quite sure he is guilty. 
 
 A great deal might be done, and ought to be 
 done, to make the attendance of jurors in our courts 
 less trying. There should always be comfortable 
 seats and waiting rooms reserved for them. This 
 is now the case at the Eoyal Palace of Justice in 
 London, and Carlyle would not have found the duty 
 quite so intolerable as he did in 1840. 1 But there 
 
 1 "These three days I have been kept in special annoyance by 
 two summonses to go np to Westminster and serve as a juryman in 
 two different courts, both at once too. The whole aspect of the
 
 HINTS TO JURYMEN. 169 
 
 are few, I expect, who when they have had one 
 turn at it will not he glad, if they can manage it, 
 to be relieved from coming again for as long a time 
 as possible. If, therefore, you have attended at 
 Assizes as a common juror, you should apply to the 
 Under- Sheriff for a certificate of such service. If 
 you have attended at Quarter Sessions, you should 
 apply to the Clerk of the Peace (he sits just below 
 the Chairman) for a similar certificate. This 
 certificate, for which you will have to pay a 
 shilling, ought to be handed, free of charge, to 
 every juryman when his work is done. It will 
 save you from being obliged to attend any jury or 
 inquest (except a special jury or grand jury) for 
 one year, if you live in Wales, Hereford, Cam- 
 bridge, Huntingdon, or Eutland. If you live in 
 any other county except Yorkshire, it protects you 
 for two years. If you live in Yorkshire it protects 
 
 thing, the maddest-looking stew of lies and dust and foul breath, 
 fills ine with despair. . . I inquired of all persons what I had 
 to do or look for in vain. There was no gleam of daylight in 
 it for me : not so much as a seat to sit down upon. At length 
 I followed the hest of my nature and came quietly away out of 
 the place, which I could understand nothing of. . . They have 
 a power, it seems, of fining me to the extent of 100, but are not 
 like to do it." (Fronde's " Carlyle in London," vol. i., p. 189.)
 
 170 ABOUT GOING TO LAW. 
 
 you for four years. 1 I should mention that you 
 are liable to be called upon to serve on a jury, even 
 though you have not been properly summoned. 
 Where at Assizes there are not for any reason 
 enough jurors of those duly summoned to make up 
 twelve, the prosecutor in criminal cases or either side 
 in civil cases may pray for what is called a tales. 
 If this is done, and you happen to be in court, you 
 may be called upon to go into the box; and, indeed, 
 if you are anywhere handy, say at your house or in 
 your shop, the Sheriff may send for you, and you 
 must go. 2 This, however, very seldom occurs. 
 
 If it should happen that there are not enough 
 special jurymen present to make twelve, the 
 number wanted may be taken from the common 
 jury panel. One of the best juries I have ever seen 
 try a difficult case 3 was thus made up, half of 
 country squires and half of common jurymen. 
 
 1 Tliis seems to be the effect of ss. 40, 41, 42 of the County 
 Juries Act, 1870, though the provision of the 19th sect, is that no one 
 shall be summoned to serve on any jury or inquest (except a grand 
 jury) more than once in any one year, unless all the jurors upon the 
 list shall have been summoned during the year. 
 
 2 6 Geo. IY., c. 50, s. 37. 
 
 3 An action of ejectment for forfeiture in consequence of breach 
 of covenant to repair.
 
 CHAPTER VI. 
 
 THE POLICE COURT. 
 
 A Word of Advice Before the Magistrate Cost of a Summons 
 Hardships of the Fee System. 
 
 IF you take the advice I have already given l about 
 keeping clear of squabbles and street rows, there 
 will be little danger of your being dragged into the 
 Police Court as a defendant. The Police Court, 
 however, is the place at which complaints as well as 
 offences of all kinds are inquired into, from the 
 most trifling up to the most serious, from a nuisance 
 or assault to a murder ; 2 and it may become abso- 
 lutely necessary that you should appear there in 
 consequence of some wrong done to you. I can 
 only say, " Don't go there if you can possibly avoid 
 it." Should your servant pilfer your things, or 
 your clerk defraud you, keep the matter to yourself 
 and let him go. Our law, no doubt, says that 
 
 1 See page 31. 2 See page 110.
 
 174 ABOUT GOING TO LAW. 
 
 criminal offences are not merely wrongs done to the 
 person injured, but wrongs done to society ; and 
 that, therefore, it is your duty to pursue the offender, 
 so that he may be brought to justice and punished 
 in order that others may be deterred from doing 
 likewise. This is quite true with respect to 
 serious offences particularly offences against the 
 person. But I feel sure that before long it will be ad- 
 mitted that our present plan of dealing with smaller 
 offences, such as thefts and frauds, is unwise ; and 
 that no one who has committed a theft is ever made 
 honest by a vindictive punishment which taints his 
 character for ever. Therefore, I say, bid the person 
 who has wronged you, go in peace and sin no more. 
 There is no moral duty, believe me, which requires 
 that you should hand him over to the law. 
 
 Where the offence is so serious that it becomes 
 a really public crime, the police will take charge of 
 it, and you will be duly informed by them as to the 
 steps to be taken, the time and place at which you 
 are to attend during each stage of the inquiry, and 
 so on. You are almost sure to be a witness. If 
 so, you will find my hints to witnesses of use for 
 your guidance, both when you are before the
 
 THE POLICE COURT. 175 
 
 magistrates and when you are called at the final 
 trial. There are, however, a great many grievances 
 besides criminal offences which are dealt with by 
 the justices in the Police Court, and where very 
 often they can not only punish the offender at once, 
 but can redress the grievance. Even here, however, 
 it is well if possible not to put the law in motion. 
 You had better, in the first instance at all events, 
 try what good-tempered remonstrance will do. If 
 that fails, go to the office of the clerk to the 
 magistrates, and tell him what your grievance is. 
 He may be able to suggest some way out of the 
 difficulty which will not render it necessary to take 
 out a summons. If you are a poor man, particu- 
 larly if you live in a town where there is a 
 stipendiary, or paid magistrate, you had better 
 attend at the Police Court on the day when he is 
 sitting, and mention your grievance to him. He 
 will almost always listen patiently to you, and 
 advise you what you had better do ; and this may 
 save you the expense, trouble, and annoyance of 
 further proceedings. 
 
 For taking out a summons costs 2s. 6d. at least, 1 
 
 1 If on oath it is 3s. 6d.
 
 176 ABOUT GOING TO LAW. 
 
 and you cannot get your complaint heard and 
 disposed of without paying at least another 2s., 
 namely, a shilling for showing the information to 
 the magistrates, and a shilling fee for swearing you 
 as a witness. 1 The same fee of a shilling has to be 
 paid for every witness, so that a summons in the 
 Police Court may be a very heavy expense to a 
 poor man. It is true that if you are in the right 
 the magistrates can in most cases compel the 
 offender to repay the expense you have been put 
 to. But here, again, where the defendant is a poor 
 man, the payment even of these costs is a serious 
 matter, often causing ' much distress to innocent 
 people. It is also true that the justices are allowed 
 to let you off from paying the fees " for poverty or 
 other reasonable cause."' 
 
 I fear, however, that the poor very seldom do get 
 
 1 Information, Is. Summons and duplicate, Is. 6d. If on 
 oath, 3s. 6d. When the case is heard a fee of Is. has to be paid for 
 exhibiting the information, and a fee of Is. for each witness 
 examined, whilst for every paper produced, a fee of Is. has to be 
 paid. Then there is a fee of 2s. 6d. for the conviction, and another 
 fee of Is. for filing it. Where the proceeding is by complaint and 
 order the fees are the same, except that the order, if made, costs 
 only 2s. 6d., instead of 3s. 6d. The above fees are taken from a 
 southern county, but, I believe, they are much the same in other 
 counties and boroughs. 2 14 & 15 Vic., e. 5, s. 12.
 
 THE POLICE COURT. Ill 
 
 let off. Those who are fairly well-to-do naturally 
 fail to understand how great a hardship it is to the 
 great body of the people that a few shillings must 
 be paid before they can get protection or assistance 
 from the law. But these few shillings are the 
 means of living of a working man and his family 
 for nearly a week. Here, as in the case of the 
 County Court, I hope that before long all fees will 
 be swept away. They are against the spirit of a 
 law which more than 650 years ago our forefathers 
 forced a Norman king to pass ; for in the Great 
 Charter it is declared that right or justice is to be 
 sold to no one. 1 It will no doubt be objected that 
 if every one were able to begin a lawsuit or take 
 out a summons for nothing, there would be an 
 immense increase in lawsuits and summonses, and 
 that they would mostly be of a frivolous and 
 vexatious kind. But if we apply our common 
 sense to the matter, we shall find that there is 
 really no ground for this objection. Taking the 
 fees away will not make going to law, or going to 
 the Police Court easy or pleasant. It will not get 
 
 1 Magna Charta. Art. 40. " To no one vrill we sell, deny, or delay 
 right or justice." 
 
 L
 
 178 ABOUT GOING TO LAW. 
 
 rid of any of the loss of time, or the difficulties, 
 troubles, and annoyance for which, as I have 
 shown, every one must be prepared who has to apply 
 for the assistance of the law. They will still 
 remain to make the lives of those who have to 
 undergo them wretched. The doing away with 
 the fees will certainly not increase the number of 
 cases in which solicitors take up speculative claims 
 against men of means ; because to them these fees 
 are comparatively trifling. 
 
 But even if there were any ground for this 
 objection, it would be met by giving the judge or 
 justice still greater power than he now has of 
 punishing with costs or fine those who make 
 groundless claims or complaints.
 
 APPENDIX. 
 
 ACTIONS MAY BE BROUGHT IN THE 
 COUNTY COURT TO RECOVER 
 
 Debts of every description not exceeding 1 50, or that 
 amount of a larger debt (the excess being aban- 
 doned) . 
 
 Damages (not exceeding 50) for 
 Assault, 
 Trespass, 
 
 Breach of Contract, express or implied, as 
 
 For non-performance of award, 
 
 For not accepting or not delivering 1 goods 
 sold, or for breach of warranty thereof, 
 
 For dilapidations, 
 
 For breach of guarantees of all kinds, 
 
 For breach of warranty of horses and other 
 cattle, 
 
 For breach of indemnity, express or implied, 
 
 For negligence by servant or other person, 
 
 For breach of bye-laws. 
 L 2
 
 180 ABOUT GOING TO LAW. 
 
 Against Agents, for not accounting, not using due care, &c., 
 
 Apothecaries and Surgeons, for unskilfulness. 
 
 Apprentices, for breach of articles. 
 
 Bailees of every kind. 
 
 Builders, for breach of agreement as to build- 
 ing, &c. 
 
 Carriers, for losing or damaging property, 
 refusing to carry it, or not carrying it in 
 a reasonable time. 
 
 Landlords, for breach of contract, express or 
 implied. 
 
 Tenants, for ditto. 
 
 Masters, for ditto. 
 
 Servants, for ditto. 
 
 Schoolmasters, for ditto. 
 
 FOR RECOVERING POSSESSION OF 
 HOUSES OR LAND, where the yearly 
 rent does not exceed 50 ; and in the same 
 plaint may be included a claim to the extent 
 of 60 for rent or mesne profits, or both, 
 down to the day of hearing. Possession of 
 a tenement may be also obtained where rent is 
 in arrear for one half-year, and the landlord 
 has a right by law to re-enter for such 
 default. 
 
 (The Fees payable on these proceedings are 
 estimated on the weekly, monthly, or 
 yearly rent of the tenement, according 
 to the letting.)
 
 APPENDIX. 181 
 
 Under the "County Courts Equitable Jurisdiction 
 Act" of 1865, the County Courts have Juris- 
 diction up to 500 in the following matters : 
 
 In Suits by Creditors, Legatees, &c. 
 
 ,, for the Execution of Trusts. 
 
 for Foreclosure or Redemption of Mortgage. 
 
 for Specific Performance of Agreements. 
 Proceedings under the Trustees' Relief Acts. 
 For the Maintenance or Advancement of Infants. 
 For the Dissolution of Partnerships. 
 For Injunctions. 
 Proceedings under "Employer and Workmen's Act, 
 
 1875." 
 Proceedings under " Employer's Liability Act, 1880." 
 
 Under " The Summary Procedure on Bills of 
 Exchange Act, 1855," now extended to the County 
 Courts, Actions can be brought on Bills of Exchange or 
 Promissory Notes from 10 up to 50; and where the 
 Action is not defended (and the same can only be defended 
 on good cause being shown by affidavit to the Registrar) 
 the plaintiff may without having to prove his claim, enter 
 up judgment and issue execution immediately after the 
 expiration of 12 days from the service of the summons on 
 defendant. 
 
 Under " The County Courts Act, 1875," where goods 
 have been sold to be used in the way of trade, a Summons
 
 182 ABOUT GOING TO LAW. 
 
 by default can be issued ; and where there is no defence, 
 judgment can be entered up without proof of claim, and 
 execution issue after the expiration of 16 days from time 
 of service. This also applies to all debts where the claim 
 exceeds 5 ; and also, by leave of the Judge or Registrar, 
 to all debts under that amount. 
 
 Where the amount of debt or damage and the 
 conditions of payment can be agreed upon between 
 plaintiff and defendant, such agreement being made 
 before the Registrar, judgment may be entered 
 accordingly, at the office of the Registrar, and the 
 attendance of either party on the Court day will be 
 unnecessary, and half the hearing fees will be 
 saved.
 
 INDEX. 
 
 Action, Trial of . ' . . . . ... . .56 
 
 Agreements, Precautions against being drawn into ... 14 
 for sale or purchase of goods of value of 10 or more, 
 
 When they are binding 21 
 
 for sale or purchase of goods to be made or supplied, 
 
 Precautions to be taken ...... 26 
 
 Objections to . .... . . . ib. 
 
 When necessary 27 
 
 Stamping . . . . 21 
 
 Altercations. How to avoid them . . . . .31 
 
 When unavoidable ...... ib., 32 
 
 Assault. How to avoid it 31 
 
 Assizes, Course of business at 156 9 
 
 Grand and Petty Juries at . . . . . 146 
 
 Attorney. The name abolished (See Solicitor) ... 41 
 Bargains, Each party to do best for himself in ... 33 
 Barrister not liable for ignorance or carelessness ... 41 
 Business, Importance of some legal knowledge for men of . 19 
 Business transactions. Rules to be observed . . .13 
 
 To be clear as to what you want . . . ' . ib. 
 
 To state clearly what you want ib. 
 
 To state terms in writing 14 
 
 - Precautions against being drawn into agreement . . ib. 
 Character. Occasions on which an opinion may be prudently 
 
 stated . ... ... . . .29 
 
 When opinions should not be stated . . . ib. 
 
 What should Ix? said ib., 30
 
 184 ABOUT GOING TO LAW. 
 
 Character of domestic servant. Facts should be stated fairly . 30 
 
 When refusal to give not justifiable .... ib. 
 
 Churchwardens. Their duties with respect to jury lists . . 150 
 
 Claim, How to resist an unfair 55 
 
 How to assert a just (see Dispute) .... 91 
 
 Commercial Contracts. Careless way in which they are made 19 
 
 Contracts. (See Agreements. Forward Contracts) . . 14 
 
 Conviction of an offence may be proved against a witness . 134 
 
 Correspondence, Agreement by . . -. . . . 22 
 
 relating to business transactions should bo kept . . 21 
 Counsel's opinion. Its value . . . . . .41 
 
 - Where not decided . . , . . ' . . 42 
 County Court. What cases can be tried there . 46 (Appendix) 
 
 trial by consent of both parties 47 
 
 - Where action must be tried ...... 49 
 
 Fees to be paid . . . . . .50 
 
 Hardship of this tax . . -. - . . ib. 
 
 Bight of each side to jury . . . . .56 
 
 Seldom claimed . . ib. 
 
 Where it should be claimed .... 57 
 
 Trial of action in . . . . . . ib. 
 
 Practical suggestions where defendant con- 
 ducts his own case . . . . 57 62 
 
 Rough-and-ready way of doing the work ... 62 
 Parties entitled to assistance of judges . . . 63 
 
 - Hearing - . .60 
 
 - Case called on , . 62 
 
 Statement of plaintiff or his lawyers . . . . ib. 
 
 - Examination of plaintiff's witnesses . . .64 
 Objections : if possible to be avoided .... 69 
 
 Should be made to the judge . . . ib. 
 
 Cross-examination of witnesses .... 69, 131 
 
 Its difficulties and dangers . . . 70, 132 
 
 How it should be done .... 72, 132
 
 INDEX. 1 85 
 
 County Court. Where Plaintiff's case breaks down . .75 
 
 Statement of case for Defence . . . .76 
 
 Where Defendant conducting his own case as 
 
 witness 77 
 
 Putting in writings 78 
 
 Interruptions by other side . . . ib. 
 
 Cross-examination of Defendant who conducts his own 
 
 case 79 
 
 Witnesses for the defence .... if 6. 
 - Plaintiff's right to reply 81 
 
 Summing-up the evidence . . . . . .81 
 
 Judgment or verdict . .* . . . . . .82 
 
 Where adverse . . . . . ib. 
 
 Application for re-hearing 83 
 
 Where judgment is on point of law .... 84 
 
 County Coiirt Judges. Importance of their position and duties 66 
 
 Their way of doing their work . . . .62, 63, 66 
 
 Right of the parties to their assistance . . 63/69 
 
 Criminal trials . . . * -. . . . 110, 117 
 
 Oath of witness / . .123 
 
 Cross-examination. Its object 70, 131 
 
 Its difficulty and danger ..... ib., 132 
 
 Deposition in criminal charges. 
 
 Care to be taken that it is accurate . . . 119 
 
 Contradiction between deposition and evidence at trial 137 
 Dispute where claim against you. 
 Questions to be considered : 
 
 Is it just? . . . ... . .32 
 
 How to make sure of this . . . 33, 34 
 - Where claim not unfounded but too large. 
 
 Negotiations with view to settlement . . 35 
 Precautions to be taken . . . . . ib. 
 
 Final offer of terms 36 
 
 Precautions to be taken . . . !U.
 
 186 ABOUT GOING TO LAW. 
 
 Dispute where claim against you (continued^. 
 
 Where the claim should not have been made at all. 
 
 - Offer to refer 37 
 
 Should provide that lawyers should not be 
 
 employed ....... ib. 
 
 Reference should be to one person ... 38 
 
 - Where offer to refer refused . ... .40 
 
 If result of trial doubtful . . 42 
 
 Defending up to certain stage . . 43 
 
 Keeping matters in your own hands . . 40 
 
 Obtaining advice of solicitor .... 41 
 
 Choice of solicitor . . , .16 
 
 Payment of solicitor ..... 43 
 
 Cases which can be tried in County Court ... 46 
 
 Trial by consent in County Court (see County Court) 47 
 
 - Where action is brought in High Court ... 86 
 Payment into court ">! 
 
 Where you have a just claim 91 
 
 Practical suggestions . . . . . i b. 
 Eridence. 
 
 - What is, and what is not ..... 57 60 
 Where what is to be proved is in writing, the writing 
 
 must be produced . . . . . . .140 
 
 Exceptions to rule 142 
 
 Memorandum made at or near the time . . 60, 102 
 
 If proof of evidence taken, it should be accurate . . 130 
 
 - Inexactness of 71 
 
 Leading questions 68, 127 
 
 - Objections to 127 
 
 Cross-examination (See Witness) . . . 69, 131 
 
 Summing-up . . . . . . .81, 166 
 
 Expert 131 
 
 Forward Contracts, Objections to 26 
 
 Where necessary 27
 
 INDEX. 187 
 
 Guarantee must be in writing 25 
 
 High Court of Justice, Parties may conduct case in . . 86 
 Difficulty of doing so . . . . ib. 
 
 Practical suggestions . - . . . . ib. 
 
 Hostility of witness may be shown . . . . ' . . 136 
 
 Indefiniteness in business transactions . . . . . 13 
 
 Judges, their duties and responsibilities . . 56, 62, 63, 67, 75, 
 
 80, 81, 166 
 
 Summing-up evidence by . . . . 81, 166 
 
 Directing jury as to law 81 
 
 Juror, Grand, Qualification of . . . - . . . . 146 
 
 At Assizes. How summoned ..... 156 
 
 When he should attend /- . . . ib. 
 
 Charge to 157 
 
 Duties of . . . . . ib. 
 
 Juror, Petty or Common. 
 
 Qualifications of, for Supreme Court . . . 146, 153 
 
 For Royal Palace of Justice .... 153 
 For Central Criminal Court . . . . ib. 
 For Lord Mayor's Court . . . . . ib. 
 For City of London Court . . . . ib. 
 For Metropolitan Coimty Court . . . ib. 
 For Assizes . ... 1-46 
 For Quarter Sessions . . . . ib. 
 
 For County Courts 153 
 
 Coroners' Inquests . . . ... 146. 154 
 
 How Summoned . ... . . . 156 
 
 When and where he should attend . 159, 160, 161 
 Fine for non-attendance . . . . . 161 
 
 Objection to . . . , ... 162 
 Oath in civil actions . .* . . 162 
 
 Oath in criminal trials . . ... . 163 
 
 Receive no payment ... . . 155 
 
 Should be paid . . . . ib.
 
 188 ABOUT GOING TO LAW. 
 
 Juror, Special. His qualification 14-0 
 
 Abuses in making out list of . . . ; .151 
 
 How summoned 156 
 
 When and where he should attend .... ib. 
 
 Fine for non-attendance 161 
 
 - Objection to 162 
 
 -Oath . ib. 
 
 - How paid . 160 
 
 Jurors. Practical Hints to 165 
 
 Are judges of the facts 165 
 
 Have a right to put questions . . . . . 165 
 
 Should not do so needlessly ib. 
 
 Should do so through the judge ib. 
 
 Should not be led away by suggestion of advocate . 168 
 
 Should obtain certificate of service .... 169 
 
 Jurors, their comfort and convenience should be attended to . 168 
 
 Carlyle's experience as a juror ib. 
 
 Jury, Grand. Their duties 157 
 
 Uselessness of 158 
 
 Jury in County Court .56 
 
 Jury, Liability to serve on. (Sec " Juror, Special," and 
 
 "Petty, or Common" and "Tales") . . . 169 
 
 Grounds of exemption . .' 147 
 
 Lists of those who are exempt ib. 
 
 How claimed 153 
 
 Irksomeuess of serving on . . . . . .145 
 
 Expense and loss entailed by it . . . . . ib. 
 
 Difficulty of explaining law relating .... 154 
 
 - Law should be amended . . . . . ib. 
 
 Jury Lists, how made out 150 2 
 
 Objections to 152 
 
 Jury, Petty or Common. Their duty in criminal cases . . 159 
 
 Giving prisoner in charge to ..... 163 
 
 Their verdict 168
 
 INDEX. 189 
 
 Justices, Applications to 175 
 
 Law, Reasons for uot going to .... ^. . 11 
 Law, Rules which should be generally known. 
 
 Agreement when its terms are in writing must lie 
 
 produced. . .... . .-:. . . . 20 
 
 Bargain for sale or purchase of goods of value of 
 
 '10 or more . . ... . . 21 6 
 
 Libel and skuder, General rule as to liability for . 28 
 
 Lawyer, Choice of . . . .V . . . . .16 
 Lawyers, This book not meant to make men their own . . 15 
 Legal training of use to men of business .... 19 
 Letters, Originals and copies should be kept . . . . 141 
 How proved where originals have been lost or 
 
 destroyed " 142 
 
 Libel and slander, General rale of law as to . . . .28 
 Malice, when it will be implied in statement as to character . 28 
 Notices to produce and admit letters and writings . . . 141 
 Oath of witness in civil cases . . . . . ' . . . 123 
 
 in criminal cases . , . . . . ib. 
 
 Provision as to witnesses (in all cases) who object to 
 
 or cannot take oath . . . . . . . 124 
 
 Offences, The legal view of . . . .-.. .. . 174 
 
 Minor and serious *>" . 110 
 
 How dealt with . ....-.'.... . ib. 
 
 When you should prosecute . . . . w * 174 
 
 When you should not . . 173 
 
 Oral evidence of written documents, when it is admissible . 142 
 Overseers, their duties with respect to jury lists . . . 150 
 
 Payment into court . .51 
 
 Police Court, how to keep out of it . . . . . . 1735 
 
 . Cases dealt with in it 137 
 
 Practical hints to those seeking redress . . . 175 
 
 " Private and confidential." When these words may be used. 29 
 Proofs. (See Evidence) . ... * , . .130
 
 190 ABOUT GOING TO LAW. 
 
 Prosecution of offences. (Sec Offence^ 173 
 
 Costs of proceedings . . . . . . .175 
 
 Their hardship on the poor 176 
 
 Power of justices to remit ...... 176 
 
 Re - examination : its object 140 
 
 Reference, offer to refer, and other steps. (Sec Dispute) . 37 
 Servants, Character of . (See Character) .... 30 
 Slander, How to avoid action for . . . . . . 27 
 Solicitor, When you should consult ... . 40, 49, 83, 85 
 
 - Choice of . . . . . .16 
 
 Obtaining his advice 44, 47, 49 
 
 -Duty of 41 
 
 Liable for carelessness or ignorance . . . ib. 
 
 Payment of 46 
 
 Solicitors' bills. Why they are large 46 
 
 Statute of Frauds 21 
 
 Vexatious litigation which it has caused ... 24 
 
 Supreme Court, Proceedings in . . . . . . . . 48 
 
 Swearing jury in civil actions ....... . . . 162 
 
 in criminal trials 163 
 
 Witnesses . . . . . . ;' . 123 
 
 Tales, when necessary ... . . - . . . 170 
 
 Telegram, Agreement may be made by 22 
 
 Tender of sum due . . .51 
 
 Trial of civil case. ( See County Court.) 56 
 
 of criminal charge 120 
 
 Verdict of jury 168 
 
 Will, How to witness a 99 
 
 Precautions to be taken . ... . . ib. 
 
 " Without prejudice." Vagueness of these words ... 36 
 
 Suggestion of definite words ib. 
 
 Witness : how you may become one. . . . .97 
 
 Caution as to becoming one 98 
 
 How to witness a will .... <<>
 
 INDEX. 191 
 
 Witness in civil eases. How you may be compelled to give 
 
 evidence 104 
 
 On payment of " reasonable expenses " . . 105 
 What are " reasonable expenses " . . ib. 
 
 Compensation for loss of time and earnings . ib. 
 May refuse to testify until expenses paid . ib. 
 When you should attend ..... 107 
 
 Consequences of not attending . . . 108 
 Oath . . . . . . . . 123 
 
 Production of letters and writings . . . 109 
 Witness in criminal cases. (See Witness in witness-box.) 
 
 Duty imposed by law ..... Ill 
 
 How enforced ...... 112, 115 
 
 Moral duty . . . -. ,_ . .111 
 
 Burdensoineness of duty . . . 111. 116 
 
 No tender of expenses necessary . . .113 
 
 Exception ... . (Note) 113 
 
 Expenses allowed only after attendance . 113, 115 
 
 Objections to this ..... 116 
 
 Scale of allowance ..... 113, 115 
 
 How evidence is got up 117 
 
 Precautions to be taken , 118 
 
 What you can and what you cannot prove 57, 60, 
 
 102, 118 
 Depositions. Care to be taken that they arc 
 
 accurate . . . . .... 119 
 
 Discrepancies between deposition and evidence. 
 
 (See Witness in witness-box.) . ; . 137 
 Witness. Attendance at trial in civil and criminal cases . 120 
 
 Ordering witnesses out of court . . . _ . . 121 
 
 who must withdraw . 121 
 
 Practical hints . . . . . . 122 
 
 Witness in witness-box. 
 
 The oath . . . . . . .123
 
 192 ABOUT GOING TO LAW. 
 
 Witness iu the witiiess-box (continued). 
 
 Affirmation by those who object to oath . . 124 
 
 Declaration by those who object to oath . . 125 
 
 Practical hints . . ' . . . . .76, 122 
 
 "Where party conducts his own case . . 77 
 
 Speak clearly 126 
 
 Stick to facts .129 
 
 State all you know 130 
 
 Opinions not to be expressed . . . ib. 
 
 Exceptions ib. 
 
 Examiuation-in-chief 68, 79 
 
 Refreshing memory. ..... 129 
 
 Leading questions 68, 80 
 
 Objections and interruptions . . . 78, 80 
 
 Cross-examination 69 
 
 How it should be done. (Sec Cross-exami- 
 nation) . . . . . . .72 
 
 Browbeating 133 
 
 As to matter outside dispute not allowed 134, 135 
 As to character . . . . . 134 
 
 Previous conviction. . . . . ib. 
 
 As to interest in case . . . . . 135 
 As to hostility to either side . . . ib. 
 
 As to previous inconsistent statement . . 136 
 Where it is in Avriting. e.g., deposition . . 137 
 
 Re-examination : its object. 
 
 Writings, should be kept 141 
 
 Notice to produce ib. 
 
 Production of ib. 
 
 Notice to admit , ib. 
 
 CASSELL AND COMPANY, LIMITED, BELLE SAUVAGE WORKS, LONDON, E.C.