274

THE GREEN BAG

PARTY. In this country the costs follow the event, and the unsuccessful litigant is obliged to compensate his adversary for the expenses which the latter has incurred in the litiga tion. This includes not merely what in America may be called the "court costs," but the expense of employing counsel and solicitors. The judge at the trial and the Master in all interlocutory proceedings, award or withhold costs as seem just in their discretion. When the case is finally determined the successful litigant presents his bill of costs which, as stated, embraces the solicitor's costs and the fees of counsel. The costs are usually taxed by a master who sits for that purpose. He allows in his dis cretion the various items, sometimes grant ing fees for three counsel, but usually the amount is hardly sufficient to compensate the victor for all of the expense he has been put to. The fact that if defeated he will have to pay his opponent's costs undoubt edly deters many persons from recklessly bringing frivolous, vexatious and specula tive actions.

The English system of procedure and the practice that has grown up under it would be impossible here or anywhere if it were not for the character and quality of the judges who enforce it. The County Court judges are selected from the active workers at the bar. The High Court judges are, with but few exceptions, taken from those who are the acknowledged leaders among the advocates. Most of them have had from twenty to twenty-five years of active, busy practice which required them to be proficient in the drawing of pleadings, familiar with the varied details of procedure, always ready with precedents and authori ties and daily upon their feet in argument or addressing juries. The Appeal judges are promoted from the best of the trial judges, and therefore they, as well as the whole body of the judiciary, command the respect and willing deference of counsel, solicitors and clients. LONDON, ENG., March, 1905.