Queen's Bench, for the years 1861 and 1862, and the average The amount of the chief proceedings in each of the three superior courts on the plea side, for the years 1861 and 1862, is shown in the following summary. An increase had appeared in 1860, as compared with 1859, under every head, except those of writs of capias and causes referred to masters. The increase in 1861 in the number of writs of summons issued was 17.1 per cent. over the returns for 1860, and amounted to no less than 324 per cent. upon the number for 1859. There was a decrease in this item, however, for 1862 of 10.3, as compared with the corresponding return for 1861: Total amount of fees.... £24,271 17 0 £16,883 13 6 £26,495 13 0 £67,651 3 6 £74,761 5 0 ... 292 Matters :: Heard. 43,036 Process Matters | Heard. Process Matters Heard. Process Issued. Matters Heard. 201 10,628 15,936 11,423 103,564 582 27,643 36,166 25,737 114,301 549 ... ... 29,100 41,297 30,523 It is not a little strange that the Court of Exchequer still maintains its old ascendancy in the favour of the profession; the Court of Common Pleas, on the other hand, is still avoided. Formerly a higher scale of costs attracted the profession to the Court of Exchequer; while the Court of Common Pleas, being virtually a monopoly of the serjeants, was avoided, in consequence of the high fees it thus entailed. But at the present day, when no advantage is to be gained by a resort to any particular court, it is singular that the force of old habits continues to prevail to such an extent; and what is still more surprising is, that the proportion of judgments to the whole number of cases in each court, is highest in the Court of Exchequer, as if in very deed its old advantages, where a suit was fully litigated, existed at the present day. When estimating the relative merits of courts having a concurrent jurisdiction by the standard of their popularity (a case in which, above all others, one would naturally be disposed to rely on statistics), we should therefore take care that the manifold condition implied in the phrase cæteris paribus, is complied with before we institute an experimentum crucis. For we find that courts, the condition, government, administration, and circumstances of which in no material respect differ from each other, nevertheless meet with very unequal favour at the hands of the profession. A comparison of the real merits of co-ordinate courts taken with reference to their popularity, it thus appears, can be safely instituted only in cases where these courts were established on the same footing at the same date without having had any previous existence. If they had their respective originals prior to their induced uniformity, their antecedents may long continue to affect their career. In reasoning upon statistical data, therefore, if there be any discrepancy in the originals or circumstances of the things compared, we should take it into account, and make due allowance not only for these obvious disturbing influences, but also for the prejudices, habits, passions, and associations to which the discrepant elements may have given rise. The anomalies we have just noticed, must, indeed, gradually disappear. Else we should abandon all faith in statistical philosophy. Their continuance, however, shows that a reform in legal procedure, however ultimately beneficial, will not necessarily at once bear fruit. In the Irish courts we may observe a most unexceptionable course prevails, which was prescribed by the Irish Common Law Procedure Act, 1852. The writs are filed in batches of four in each court in rotation, so that no one court can have over its fellows a greater number of incipient cases than the number mentioned. We are disposed to recommend a similar improvement in our procedure. The Judicial Statistics for 1862 contain an item not given in the Blue Books for preceding years, in the shape of the number of bills of costs taxed in the preceding twelvemonth. Those taxed in the Court of Queen's Bench were, as between party and party, 6,218; as between attorney and client, about 824. In the Court of Exchequer the number taxed, exclusive of bills taxed under the statute, was 8,324. No return under this head is given for the Court of Common Pleas. The writs of summons issued in 1862 were less than those issued in 1861, by 10.3 per cent. The total number of causes entered for trial was, at Westminster 2,225, and at Nisi Prius 1,366. The total of trials was 1,025. These returns vary very slightly from the corresponding numbers for 1861. We need extract only a few items regarding the nature of the suits. The most numerous class was on promissory notes, bills of exchange, &c., 185. Next in number were those for goods sold and delivered, 169. Next come those for breach of contract, 151. Next are actions for work and labour done, 100; for compensation for injuries under Lord Campbell's Act, 69; trover, 56; ejectment, 42; trespass, 35; assault, 24; infringement of patents, 14; slander, 27; libel, 20; life and fire policies, 13; for breach of promise of marriage, 4. The number of suits tried on each circuit was:- -Home Circuit, 240; Midland, 106; Norfolk, 43; Northern (excepting Lancashire and Durham), 125; Oxford, 122; Western, 121; North Wales, 42; South Wales, 23; County Palatine of Lancashire, 125; County Palatine of Durham, 20. Total, 1,059. This portion of the Judicial Statistics is not without its interest to a barrister in quest of a circuit. The total number of judgments in 1862 was 36,166; in 1861 it was 41,297. Of the former number, not less than 15,936 were entered up in the Exchequer. Of the contested suits the plaintiff obtained a verdict in 1,515; the defendant in 370. The total of executions was 25,727. The number of motions for new trial, &c., was 579; in 1861 the corresponding return was 105. It is necessary that we should here caution the reader against applying statistics to cases to which they are unsuited. Statistics are the data of general laws only. They are the elements on which averages are calculated, and are, indeed, the sine quâ non of all important cases of abstraction or generalisation. But they do not at all apply to individual cases. If the proportion of successful plaintiffs in past years has been considerably higher than that of successful defendants, this only proves that this proportion is likely to be maintained in future as regards all plaintiffs viewed collectively. But no particular plaintiff could, with any show of reason, estimate his chances of success according to this proportion. Such an application of statistics would imply that every plaintiff was more likely to succeed than his opponent. A like observation applies to the probable result of a particular motion for a new trial. No survey of the judicial statistics of past years could be of the least use in determining such a question. Particular cases bear no more intimate relation to the general averages of success in litigation than those qualities of a simple substance do to a compound, in which, though constituting part of its elements, they no longer appear. To the 103,564 writs of summons issued there were only VOL. XVII.-NO. XXXIII. D 37,654 appearances entered. Nearly three-fourths (73.4 per cent.) of the suits commenced were therefore uncontested. This proportion varies but little (the report observes) from year to year. Of the cases in which appearances were entered, only 3,621 were entered for trial; and further, of this number only 3,204 or 2.1 per cent. of the suits commenced were actually tried, and of these almost 9 per cent. were undefended. The following are a few of the more important items relating to the business in judges' chambers for the last two years. The total of summonses in 1861, was 45,814; in 1862, it was 43,434; common orders, 38,876 in 1861, and 37,030 in 1862; special orders 12,820 in 1861, and 12,334 in 1862; affidavits filed, 22,065 in 1861, and 20,505 in 1862. The proceedings in the Court of Error Exchequer Chamber complete the summary of the business of the superior courts of common law, and were as follows for the last two years, These returns are in a more simplified form than that in which they were issued in preceding years. |