Press enter after choosing selection

Cost Of Law

Cost Of Law image
Parent Issue
Day
24
Month
March
Year
1845
Copyright
Public Domain
OCR Text

No onéwonld suppo.-c now, on nn exnmination of our stulute bock, lliat íi would tuke fiulf so long, a it ronlly doe?, lo procure a :lcci?ion in a court of ! uv, m any given cnse; inJ lie conlil nevar divino tho reuson oí" tlio ' luw'a delay, f he was not initaled uto the secret that the courts and thc bur, in referenoe to proctice as it in leclmically callc'cl, Icgis'ate in a great measure for themselvo.s bj nieans of whaíaie denomina: cd Ruies of Court. But for tlie purpose of Bho'.ving tbe practical operation of theevstem, we wil suppose ihat A the plaintifF, commences a suit ngainst adefendont B on tljc 20ih of December 1842, for $110, balance due on a noto of hand. The suit has to be mude returnable on the firstduy of llio May tenn of ourCircuii court in Iü43. ■ PlnintifT A must filo a declarntion in 60 dnys , ofter that session is closed, B must plead in 30 days, and he mny picad the general iesue, whether he has any defenco Bguinst the . its of the sur er ntí. ííut wo will suppose he affect s to believe a liule more should have been endorsed on the note. Tne repheation, rtjoinder, sur-rejuinder, rlemurrer, similiters fcc. fyc. occording lo the present rules of court, must follotv one unotlier onco in ten davs.. so thnt al! can be gUen through with by ihe next tenn, thotigh ihe written pleadmgs be as long hs the Old Testament. It is now rendy for trial in Nov. 1 8 43; but the absence of a witness puts off the suit until May 1341, when it' a word or letter bc mis-staied in A's voluminous papers, which are a snare from their great length nnd uumeaning particularity, he must pay all tiie costs. and commenee aucw; but if every t.'iing be right ho gets a verdict. Thc execution issues 'to he reiurncd by the next Nov. two years after commoncingsiiit. But is this theend? PerLapa not, for B may tuke up the case to the Supreme Court, BUting in Jan. 1845, on a writ of error, ut which time he assins errors, and A joins issue in this court; nnd the ceuse is set down for trial at the next session of the Supreme Court, in Jan. 184G. On this trial the couri finds nn error of facts, whieh must be t ried by a jury, and sends it back to be t ried at the Circuit Court in Mtiy following. The Circuit Court finds thot there íf, or is notan error, which it certifiesto the Supreme Court, before which the ense comea in Jan. 1C47. - If there be an error, of fcr, the Supreme Court reverfCó the decisión be.'ow; nnd A, at the expiration of more than f. ur years, can conmence a new ftiit. But if tliere be no error of fa et, then the Supreme Court cenfirms the Judgnient below, onc! A can havs aue.wcution ogainst B cplurnabio ín Jan. 1C48, more than five years afler commencing his snit. - Bui now perhaps the sheriil returns the execution without the mor.ey, though B is well knownto bc rich.but iiis richps are in stocks, mpney on doposit, Bonds end Mortgagos,notes, &c &ir. With a!l these the sheriff is powerle.-s. Wliy it is so, you, the people, who moke the law?, I suppose can teil. But why you wi'l not trust ihe circuit, or suprertie court to rnoke the moncy out of thesn ullects of B, is more than I can divine. But so it i?, and A must now go into tho Chnncery Court ani file what is cull d a ereclitor's bil!, to get at B's properiy. What kind of u pnrsuil he wil have, iti mure timn l shull aUeinpt to til you but nis jnnrney through t'.ie mazea of tbis court, will not be Jikely to last Jess than Uvo yeare, and it inay be five or even more; hu this ogain is not necessari.'y finul, for nn appe;il ciay also be takn, ut the end of the pro ceedings here, to the Supreme Court, anti un otherdelay qccafjoned of two or :hrce yerri rnore. Tlus will occnpy ten yearp, at least i'rom thc commencement of the suit, und i the Supremo Court now confirm the di cisioi in chancery, this may bc.an end of it; but if i reverses the decisión, it goe; b#ck,again into the Chancery, to remaiu perhops until thc Millennium. Now wo have carried ihis suit forvard, will os u.uch lepii ity, as tho picsent fjum wil p rmit. We have m-ide no nlluwancc fur delnys on account of defect in the plcadmgs oC either party, or the court not reaching tie case ut the term assigned to i1, or dcloying a decisión ovrir one term, or the dewth of ono o r the other of lbo parties to the suit; any or all of which cvents mighl hapjpjeiy oml eacli adel years to the delay . Novv if we suppüso A to be poor, or in moderate circumstoHcea (no unccunnio thjnj in thís country;) airiiié prppe.rty involved in sucK a suit w;is 11 he wns worth, the dolny itself would é ruinous, say nolhiug about Üie o.vpense. iu t. the lca.t expense tltat could attend p'cli a auit would be enlirely bevond thc mnins of a man in moderate circumstnnccs, wlü'ííi is saying in elllct, th:it our couuiry (J..OS not provine justice for ony but tlje weajrliy; and heicun vxlort juticc Jrmn otlicrg, but din sel it al drfinnci', ijttuisclvea. b protects the rights of tlio strbug, bul Icavjs thc weuk lo thó tender mcrcies of the powcrfui:

Article

Subjects
Signal of Liberty
Old News