Legal Reform

In our last n nicles on this subject, we presenled some considerations on 'the Technicalities of the Law, sfiowhig 'how unnpcessary, nbsurd and exponsi'vemaríy of them are, and how much tyould be gained to community by dispensing with them. We now proceed to offer some remarks on THE DELAYS OF THE LAtV. One principal object of legal proceed'ingis s to dispense justice to the injüre:!. This is what the i nj ure-u man needs. - "Ñow suppose juslice is promised to him by the legal tribunal, nlthough it be not dented, yèt a perpetual delay is equiyailent to a deninl. It matters not very uiuch to the sufferer whether justice be plumply refused to liim at once, ór whcther he have the prtfmrsc of it, and it never comes to him. Dut a jmriial delay, wit h its attondant evils may be a greater damage to the -sufferer than a refusal to entertain his compiaint at all, as, in the lattcr case, he wouid not unsuccessfuüv spend time, labor and means tó'oUtiin it. We wishour readers would answer t!is question to their own satisfaction- ÏfW need tfiere of legal delaijs? Everv one knovs that when a note for -$10 is insuit befbre a justice of thepeace, vhafever questions mny be raised concerning it, the whole matter is disposed of ut the longest within 90 aya. We never heard ftTiy-onecomplain that that period was too short for (-he disposal of such a claim. - N-ow if rhe note read tbr $110, or for $40,000, why can it not be adjtulicated toithin that liine? Are not the principies pon which the legality of anote of.Iiand rs decided ontirely irrespective ot' the amewit? The sarne question may bc as justly asked rrspecting suits on book account, and claras of all ether kinds, But in -the highest Courts the lawyers are the -solé practitioncrí, nnd in -cases whero rao real defence ís iïitended, the phvintiff is often obliged to wait two years befure Iré can bvin'g the case to an issue. The practical working of the pfesent sy.tem is Unís stated by a mernber of The bar in thé LeLh.lntive Report to which we have before referredi "A-,the plamtiir,-co'ivrffirence'Sïi-siiit ngainsl B,defendant,ion the óth December, 1842, for $110, balance diré on a note of hand; the snit has to be made returnablc at ihe first day of the May'tofrñ of our circuit court, in 1843. PlainUfF A, then must 61e a declaration in 60 days, (this will be after that session isclosed;) B. must plead in 30 days, and he may plead the general issue, whethêr he has any defence on the merits or not. But we will suppose he affects to believe a little moreshould have been endorsed on the note. The reph'calion, rejoinder, sur-rejoin der, similiters, &c, according to present rules of courts must follow one another once in ten days.so that all can be gotten through with by the nict term, though the written pleadings be as long as the Old Testament. It is now ready for trial in November, 1843, but the absence of witness puts off the the suit until Mfy, 1844, w hen if a word or letter be mistated in A's voluminous papers, which are a snarê from their great length and particularity, hs tnust pay all the costs and commence anew; but if every thing bo right he gets a verdict. The execution issues to be relurned bythe next November, two years after (fcmencil)g suit. - But is this the end? Perhaps not= - for B may have taken up the case to the supreme court) on a writ of error, sitting in January, 1845, at which time A joins issue in this court, and the cause is set dowh for trial at the next session of the suprerne court in January, 1846. On this trial the court finds an error of fact, which must be tried by a jtfry, and sehds it back to the circuit court in May to be tried. The circuit court finds there is or is not an error, Which it cei-tifies to the supfeme court, aild before whom the case comes in Janliary, 1847; if there be an error of fact the supreme coürl reverse: the decisión below, and A, at Ihe expirationofmore than four years, can commence a new suit; but if there be no error of fact, then the supreme court confirtns the judgment belov, and A can have an execution against B, returnable in January 1848, rnore than five years after commencing his sUit. But now perhaps, the sheriff retüriis the execution without the money, though B. is wcll known to be rich; but hls richee are in stocks. money on deposite, bonds and mortgages. notes &c, Ssc. ; with all these the sheriff is powerless. Why is it so? The people, who it is said make the laws in this country, we suppose can telK But why they will not trust the Circuit ör supreme coui'fj tb make thë monby out oí these effects of B5Si is more thab your committee can divine; but so t is, and A must now go into the chancery courtj and file what is called a creditor'sbill, to gel at B's pfoperty; What kind of a pursuit he will have here is more than we shall Httempt todesöribe; but his journey through the mazes of this court will not be likely to last less than two yëars, hnd it may be five or èveh more; but tlüsagain snot iinal, for an appeal may be taken at the end of the proceedings here to the supreme courl again, and another delay occasioncd of two or three years more.Tliis 'vïll have oceupieö ten yerfrs at least, fronv'-the commeneemeirt of rhe-suit. and If the suprèfne court confirm the decisión in cha'riceryihis rtmy 'ts n'n end ofit,' but fit reverses 'the 'ilecisidn, itöesback, again iriló cïiMicery to rerhain pcrlmps until the milienium. Now we have carridd this shit fortvard, with fis much rnpidfly as the present system will pcmiit. We have made no nllowancc for delnyson account of dcfeets in. tbc -pleadmgs of either parly. or the coort'nót reaching the case nt the term asshgned tö ir, or ils delaywg a decisión over one term, or tho death üf some one on cifhersider, who might ben party to the suit, or the repeafed abspiwè. ofa'n imporiant witness; any or all of whicli ovents might happen, and each add years to the deky. Now, f wesuppose A. tobe poör bf i'v. moderate ciïenmstances, nnd the property involved in snch a su ir, was all lic was worlh, the délny itself ivoaïd bo róïnous, say ïïothing'of'thc exper.se. But the least expense 't lint could altend such a suit, vvould be entirely beyond the mcans of a man in moderate circumstance, which is sayingin effect, that our country does not provide jostice for nny but the weahhy, and they can extort jnsiice f rooi otilar?, bv.t can set it at dofinnee themselves. It pro. tects the rights of ihe strong, but leavfs; the weak to the tender "niCrcies of the poverfW." But the re is one most flagrant provisión in our pVesenl systèiii tiurt shnnld be aboli-lied, whether the reui.iinder be rclniued or nof. li hns boen fdtfri'd by examining the record of ihis couniy, tiiat llio mum ber of suits conimencpd ih tho Circuit Court averaged 358} lor ench ycar, fi mbur years, ending Feb;, 181'2: thnt of theso 76 were enrly M'ithdrawn. leaving 282 standing cases on lliedocket: o." these, Q'onlv 28 cases each year went lo a jury, leoving tico hundred nnd fiffy-four cases in which no defence wha'tetrer was m(tdp.c=Jl) Th us in 92 cases in every hundred, the defendants suffared the 'cases to be bruight into court rnerely on nccount of the delay. And they obtained tlirvt dday. Pavmeiit in each case was probably postpoued, on nn nverage, two years or more. Buf this delay was not obtained without pnying or it. Lnwyers were paiá probably $10 or 820 in each case for getting 254 cases per animm di:layeo. Vet tlve reader benr this in mind. Thísaitíount Was not paid Tor def onding the case, for no dufence was ever made. The dèfendant being unnble or unwillihg to pay, hired the lawyér to keep the credtor'out of his duo for two years. Some superficial thinfrer Vilay sny, "Well, f the derendant had the use of the money, and kep't his creditor out of t. it is no more thaiï just tta t should pny something fórsmaM n'.onèy."' Admitting this tóbelo, who shoulJ recefte the smart money - the crediior who suiïers by the non-paytnent of the tïebt, ov the Iawyer whosc tradfi it is tó keep imn oit of it o long as possible? h is ihe mtter wl)o pockets all the costs of i3elay, while the creditor does hot receiv'é a tielil íor the dnmnge he susVains by 'tho delay. Now what we say is Uiis': if hesft delays in the payment of acknowlodged debts be for the public good, 'they shöukl be had without expense: if they brj fioï for the public. goód, they should be ábolisheil altogether. In cVery suit, the defendnn! should be called to statte immediately whether n had ahy dölenóe, tind if so, prccisely whal St wasi nnd if he had none. as is thecas'e in threfe quarters of all the suits in higher coarte, judgment should be rendered forthwith for thé plaintifl - Tten, if it be deemed best that the creditor wait two years longer, let the defendant give feecurity for the ullimate pay ment of the debí, and let the creditor wait. The whole matter, för a trifling expense, could be forever put to i'esi in an hour's time. We appeal to the com mort sense of our readers whether il is wise to employ at a heavy Expense a whole fraternity of lavyers rnerely to delay the collectioli of debts, when that dtílay can jusi aswell be had without lawyers and without a twehtieth part of (he expense. But the delays in criminal cases are till more unjüst in théireilects. The accused shoUldah'vays be Bfought to as speedy a trial as can be,' coíisísíently with thfdispehsatioh of justice. liui, as in civil cases, il is üsually an object with the defciuKinf, if guilty, to delay llie tl-ial a long as poséiblé, as ihe laj)se rtf titilo lessens the chance nf proving lus crimes 'ipon him. 'Vhc witnesses rhay dic,or go to Ibreign lar.Js, or Ibrgef, or tlie prisoner may esdape from cohRnemeht, or public sympathy Ihay becomo enlisted for him, (i an innuerice may be secured fór his final pardon. The iuiliy acdiSed is thus a gaihér by ihe laW's delay, rindoften escnpes, Vhilé the fcounty paysthé cdsls. - f Ie, therefore, ought to bë spfcèdily tried. Rut he who is unjustly accüsed df crime ought alsb td rèceive ;i spëedy trial. - Whilé he is lying" in jail six mdnthso'r a year, he is in corrípafiy with real felons, nnd has opportunity and temptation to learn their vices: his reputation suffers: he loses his self-respect, the witnesses by whom he might prove his innocenco depart, or die, or their memories become dimmcd by time, Bt their prejudicescome excited agninst him: nnd after a long nnd disgraceful imprisonment, and ilie paymcritof lieavy fces to counsel, hè is "léela red nn innocent man, nnd walks otít of court wiihdíít Yhe lent recompense for al! thc damage he ñas sustained i n 1) ís expenses, time, personal sufiering, and loss of charnela1. All these losses, to a great ex'tent might have been 'pr'evented hy a speedy triol. But delays a'so often oceur from thó nccunuilation of cases on the docket which are nol reachod at the first session of the Court afler their commencemeni,and thus are put over lili the ncxl term, at a heavy expense and great inconvenience to iho part Fes. Iii he Slate of Nev Vó'rk, tho Albnny Patriot óf a late date says: "At tho Inte lenn of the Sïiprome Ccrart, thero tvere more thon six hundred cases ready for trin!, büt of them all in th ree weeks 'of hard work, only about one hundreá could get a -rroaiDg! That calendar wili jstring along for five yenfs to come, witfi accumulating costs to the end of the chaprtcr!" The stifn of our argument is this: thnt in all Kuils uot contested, which are probably tliree-quarlers of ihe whole, judgment should be rctidered W il kout any de- Ictij wluitcve.r: and in contesled cases, they Ishould I)p decidcd as soors as the necessai ry tostitnony could be procn'red, whicH webeliëVè niight be done in ftvery casé within six Tnths ñrom the cominence ment of ihè suit. X)ne thóught hiore: if stay Iaws are tó !)e rolíiíned, the slny should be made tó lake eiïocl from tlio commeiiccmcnt of the suit. and not from the time of rpndering jüdgineut. i lliiö way there will be nrt femptátK)h lo thé deféncTatit t prolonglitIgition for ihe sulii of gaining more tiine lor ihe payrrtent of thedebt. Tlio readers öf Shakespeare Vií I re ineinber that l{hc Lrw's delayu as ónÖ of thoae evüs which letnpted Hamlet io commit suicide, h has ündoübicdíy caus ed the suiride 'vC iriany, and t!ie poverij', tvretchednfcsS and ruin of multitudes. - The evil can be caSily reformed, if thé pcopie will liut lay 'their hands on it.- The proccedings of the Circuit and Supremo Coiirís can be made ns expeuilious ns those i!" a Justicc of the Pon ce. BÖt it is not to be ex peded that a class of ííren whose professional business it is to delny l he progre.ss of suitá will bexery forwafd m reforming their proceedings of that düfttonnéss whi'il) ís and eVer has bè'eh the principal sourcë of íht5i pröfits find èïiiol' üments.Tiie iboli ItnüJtj o' Phü:t(ielhi;i stole t#d of ilie svu! I? Iwvfi {ltin;t} ol Mr. Kirklium, t!ie invncr n' Pryiona, ulule liB wi 'm thnt ciiy. Tiit' arr (iiornlly ü .'Omlijst enoogh to .-leiil on il ng.-Jackëah Patriot. T!s as?erlinn of tlP Pnlriot is iiüerjy ibis We challenge thu Jvliinr to produce cingle uit-ttocé in whjch un abulitionist ever lol Ü KÏavct. To eteal ia to tahe oh'd 6'riffi' awny 'lie prnporty ofanothor u jtli a viciv io ioh.erl i: to It's oten iis. When did an Aholilionist fever do ihir? 'J'Iie pfreoriH lieW es Blüftes rightfully bilonjiffl lo tlecnselCT. Biit e vvuiilil rfmii.d the Patriot of a ureater cri'ie 'lian lielpii) n t-luve te rpg;;in hia lhcrty.-= We reler liim to such men as Polk, Calhoonf and ollir Drmocats t!iat we could nttnic; wjici nro Btenlere nol ol'slnves bu! tií fret men. liare the Patriot dptiy this? We will demo1, .-irate thftfact n Di -mocnitic principien: ltA men are bom iruennd rqnal:" the Patnot AiH acluiowlcflfic ihis. Tlien, iha slavej bom on Mr. Polk's ' plnntation werebnriifRBRl 'le P.irint will not deny Uiis. Nrxt, Mr. Pi Ik claims and Irents these mpi wlio werd confessedly bom Tree as hs slavee: conscqnenlly, Mr. Polk steals free men in a state of hellesa inrancy, and reduces ;hem to slavery. Is tliis Dnnucraifc, Mr. Patriot? Abolition ists !ip!p tho'sc d'ho vvere born fee to regnin lieir lost freedomi Mr. Po'k and his brother DemncrnlH rpdlice free born men to slavpg; hd ihe Patriot siands reody to jocti'y them in doincr ■": WhiiSh of the three is the most cii:nmin(l:ible abt occording to the Democratie creed? Wül.the Patriot nnswer? Parlrt's Nkv GiiOGKArnv, for Beginnerg. New Vork: limi.mgton t& Savagc. lfi-15. Vluè ís a rp'Vi.-ed 8 iriiprtíved ëdilioö of "P.ir'eys nmthod of telling aboot Gecjrraphy for Childrpii," wliich has beeij in tisefbraboul fifi een years. The present worlt is gol up wit h b hiirh degroö of íyprtjrraphicál nëatneds ind taste, and contains oihtcen rÜnpö ritid one hnndred and fifíy fiigravingá. The piali tíf incorporal tlië mapa Hito the Geográplij iisp.lf i. pref'emble io iearriing ('rom a sepárale mlíis, rt'hile thé nnrriëroiis p'latës of Ihe oñmal-, f;ishiotJ3. view.--, Sic., of ÍTerent codhrie- luutl to exc'tlfi atleniïon and int'erest. Iii Hipst; reönPCiH ihere has been a vast improvenn-nt Vi;l!u a few yenr9. We do hot -ffe how Gfi'iihjill} can be tttade ensier ir pieafdtltèr to bpgrnners. The work can be had at the I5dokstores. OCThe N. Englund Wliigs i ave tlo notion of gniti. intothe npxi Presnental election wnh a lúvcholder for candidate. The Lowell Courier having d clared that the truc poliè'y' of the Wlii;s was to let rhe matter rest a ypar br two, Ihe Boston Mcrcantile Jourhtl rpplies, ''This miy be very well sn far as nn relate to tw name of an individual. But the irroiind cnüiioi be too early assiltríed tHnt thö iiext cindidate of the Whipo fvr ihe Presidoucy mu6t be a citizen of ofiè of the free Stutea.1' (tT3 A steamboat blow up at New Öflenn, July 1, jüét os she was leaving the whnrf foi' Cincinnati. 30 ór 40 of the passengers and crew were killed an'd woiitided. Both boilers bürst at once.-Nobödy was to blarrte, of course.