ustry; and thus carrying his cause, established his reputation as a
pleader.
Abbott was a lover of fair play: when one of these gentlemen stated a
cause, he expressed a wish that the other side could be placed in as
clear a light. Willing to show how well he comprehended the case, the
agent for the plaintiff set before the court what the defendant might
allege; and Abbott, admitting its force, determined in his favor! The
equitable judge decided that the plaintiff should pay the defendant the
unsought balance of his bill.
On such a primitive plan were minor rights protected. Although the
decisions were often grounded on imperfect proof, the substantial equity
of Abbott's adjudications was rarely questioned. In cases under L5 the
court received no fee, but in higher causes a small sum was paid. The
agents obtained what they could, as the recompense of their professional
toils.
Major Abbott continued to preside as deputy judge advocate, until his
office was abolished. After visiting England he returned to Launceston
with the appointment of civil commandant. He died in 1832: the
inhabitants spontaneously honored his funeral. He was esteemed as a
person of a generous nature and upright intentions. Major Abbott entered
the army at the age of thirteen: he was in the service of the crown
fifty-three years, forty-three of which were spent in the colonies.
FOOTNOTES:
[Footnote 77: 14 Geo. iii. c. 83.]
[Footnote 78: "Whereas it may be found necessary that a colony and a
civil government should be established, and that a court of criminal
jurisdiction should also be established, with authority to proceed in a
more summary way than is used within this realm, according to the known
and established laws thereof." The court, described as above, is then
authorised, to try "outrages and misbehaviours, as if committed in this
realm would be treason or misprision thereof, felony or
misdemeanour."--27 Geo. iii. Nothing is said of legislative power.]
[Footnote 79: _Collins_, vol. i. p. 32.]
[Footnote 80: _Bigge's Jud. Report_, p. 34.]
[Footnote 81: Holt has left a graphic picture of a justice, which must
be received, perhaps, with some reservation;--"I was walking with
Barrington, the most accomplished pickpocket: he was arm-in-arm with
Richard Atkins, Esq. I wished to have some conversation with them. A
bottle of rum was produced, and some pleasant conversation about Ireland
passed. At length I wished to retire, and Mr.
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