One of the cases which did not require this initiatory
confirmation, was when cattle could be tracked into another man's
land, and then the foot-mark stood for the fore-oath." 2
Palgrave's Rise and Progress, &c;., 114.
[4] Among the necessary expenses of suits, should be reckoned
reasonable compensation to counsel, for they are nearly or quite
as important to the administration of justice, as are judges,
jurors, or witnesses; and the universal practice of employing
them, both on the part of governments and of private persons,
shows that their importance is generally understood. As a mere
matter of economy, too, it would be wise for the government to
pay them, rather than they should not be employed; because they
collect and arrange the testimony and the law beforehand, so as
to be able to present the whole case to the court and jury
intelligibly, and in a short space of time. Whereas, if they were
not employed, the court and jury would be under the necessity
either of spending much more time than now in the investigation
of causes, or of despatching them in haste, and with little
regard to justice.
Pages:
389
390
391
392
393
394
395
396
397
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412
413