parrot I had become.
âI was already beginning to feel extremely small, particularly after the exhibition Iâd given to my client in the train as to what I was going to do with this judgment debtor. Here I was, just repeating what he was feeding me with. But even that wouldnât have been so bad if it had been right.
ââNonsense,â said the judge. âYou canât commit a man for non-payment of a fine unless you can prove he has the means to pay. Do you know what is meant by an argument in a circle?â
ââI think so, Your Honour,â I said.
ââA good example,â said the judge, âis the law relating to judgment summonses. If a judgment debt isnât paid, the debtor can only be sent to prison if you can prove he has had the means to pay. Usually you canât do that unless heâs present to be cross-examined about his means. If he doesnât obey the summons to appear, he can be fined, but you canât do anything about the fine unless you can prove he has the means to pay it. But he doesnât come. So you canât ask him questions or prove anything. So youâre back where you started. Of course, if heâs got any goods on which distress can be levied, itâs different, but then youâd have tried execution and wouldnât have bothered about a judgment summons in that case.â
âMeantime Iâm standing there, getting red in the face.
ââWell, Mr Hepplewhite, what would you like me to do?â
âSomeone in the row â a barrister or solicitor â whispered to me. âAsk for a 271.â
âAgain I did as suggested.
ââWhat on earthâs that?â asked the judge.
âWell, what could I say? The chap next to me might have been pulling my leg. I didnât know. I didnât know anything. So I said so. You can hardly blame the judge.
ââReally,â he said. âThis is too bad. Summons dismissed.â
âMy client said something to me about looking up the rules another time and added that he wouldnât be coming back my way. On the way home I started looking it up â and, blow me, if there isnât a thing called a 271. The chap was quite right. It was the only thing to do. Even the judge didnât know it. Itâs certainly a lesson to look up the rules another time. But it takes it out of you, a thing like that.â
âIt must have been awful,â said Roger. âBut you canât look up everything before you go into Court,â he went on. âHow dâyou know what to look up?â
âWell, I suppose,â said Charles, âif you have a judgment summons, you ought to look up the rules which govern them. And I suppose, too, one ought to visualize the possibility of a man not turning up and find out what you can do then. I shanât forget 271 in a hurry. I feel like writing to the judge about it. After all, he ought to have known it.â
âWhat is a 271?â asked Roger.
âItâs an authority to arrest the debtor and bring him before the Court if he doesnât pay a fine within the time heâs been given to pay it. So it isnât an argument in a circle. You can get the debtor there. Funny the judge didnât know.â
âI suppose there are things judges donât know,â said Roger, âHenryâs got a case in a County Court tomorrow. Dâyou think it would be a good thing if I went with him? He said I could.â
âI should. Youâll learn a lot from Henry. And, apart from that, heâll tell you stories on the way. Heâs got an unending fund of them. And theyâll all be new to you . I expect thatâs one of the reasons he asked you to come.â
Roger spent the rest of the day reading the papers in Biggs v Pieman and the case about drawing pins. The evening he spent with Sally.
âItâs amazing to think whatâs going on and no one
Kat Richardson
Celine Conway
K. J. Parker
Leigh Redhead
Mia Sheridan
D Jordan Redhawk
Kelley Armstrong
Jim Eldridge
Robin Owens
Keith Ablow