The Portland gazette. [volume] (Portland, Me.) 1818-1824, 1821-02-12

Iue CONSTITUTION "a TIE sStdtt FN'iAs OIFClt
duty. and The Legislature Is bound q see that
g right and justice are administered freely and
without price. completely and without denial.
promptly and without delay" Should Il ~
shewn that these great objects WORLD 5e pse-
noted by the proposed change The bill ol9h.
10 pass. But from lhe consideration he had
been able 10 give ibis subject, snd from his
acquaintance with the course ct judicial pro-
ceedings, he was led 70 a contrary conclusion.
lie believed the delay Of justice would be n-
creased by establishing nisi pius terms, and
limiting the law terms 70 one ID year. Al
capita; offences, motions and petitions Tor new
trials, which must be supposed ~ be numerous,
when the right Of appeal i taken away, ap-
peals from he Probate Courts, questions III
divorce, and al questions Of isw and stale
mens OF facts, can then be tried ~ one
term ID year; but AZ the Cours are now
constituted, there are two terms ID each year
at which these cases may be tried. From this
Cause the delay instead Of being diminished.
will probably be doubled. That such worl5
be the result, may be made TO appear by ilac-
ING The regular progress OF an action ID Court
under the respective systems. Suppose an
action l. commenced Of he April term oil the
Common Pleas; should there be no appear.
ance, it will be defaulied and ended; should
there be defence il may be tried at the tirst
term, il the parties 50 insist, but probably II
may be conliuued TO August term, al which
there will be a trial. Vi either patty j. dis
satisfied he may appeal to the Supreme Court,
which sits ~ September, where he may have
second and final trial and even il ques-
ton Of law should then arise, the Court might
al the same term, in ordinary cases, decide H.
The action is thus carried through but three
Courts, and the parties have two trials, and
the law decided in the space Of about FIVE
monlhs. Let o. suppose on The other hand
that the proposed system should 20 into ope-
ration, an action Is commenced at The April
term Of the Supreme Court, aud the parties
not being ready, the cause Is continued. as
was supposed 10 the former case but the
next term Is the law term III May, anu The
cause must be continued 10 the next term In
August Here the parties may have first
tTial. But not being satisfied, He petitions Or
moves for new trial aud we cannot sup
pose a principle viii he established in this
country, that in civil cases one trial shall be
final and conclusive. The action Is then con
tinued on this motion to January term, but that
! not a law term, and The Judge cannot decide
the question; for the same reason the cause
must be continued at April tenn. Al Nav
term Tie full Court are ia session, and H..
motion for new trial may be granted But
there Is scarcely possibility that the action
could be tried by the Jury al that term. be-
cause the questions OF law criminal trials. &c.
would take up the week that is allowed them.
The case i therefore continued to September
term, when The parties may have second tri-
al, and The action, after having gone through
seven terms, and been pending ia Court for
year and halt, Is disposed of, unless ques-
lion OF law should arise, in which case il must
be continued ID Court Tor nearly year longer.
his y The probable course that actions which
are defended, would take; by which il ap-
pears the delays Of the law would be much
more than doubled, by the proposed aItera-
lion.
In proportion e. the delay, viii be the ex-
pence attending law suits. In other respects
also could the expence be increased. The
immense quantity OF business transferred TO
The Supreme Court, would require that Court
70 De much longer ID session than i at present
necessary. He said he did GOT know the pro-
portion OF business done IN The Supreme Court,
md in the Common Please, throughout the
Stale. But in the County OF Lincoln, out Of
100 actions not more than obout fifty upon
~ average found their way 70 The Supreme
Court. The proportion could not be througbt
essentially different throughout the State. All
their actions which are now finally disposed
Di IN the Courts OF Common Pleas, must be
1endIng ~ The Supreme Court, and witnesses
md parties in action when trials are expect
ed, wall have TO he in attendance frcm day 10
lay, and from week To week. before their
,ase could have its turn, and 10 one could
calculate the day in the week on which the
:ase might be tried.
such are some OF the evils that will arise
rom The proposed alteration ID the system of
,ur Jurisprudence III England, 4 ss.iem
similar Is established But this
Stale would not, he believed be willing 70 fol-
low their example, and be subject To similar
expenses aud delays in the ad ninisirat.on OF
Justice. Nei her said Mr.. :. can II be expect
M that this system viii render the decisioh
4 causes more correct. Tie vast accumula-
non OF business ID the S0preme Court, will
encrease The iabors Of tie Judges b. weeks
81 close aud intense application 10 the causes
That are tried before then they must become
and exhausted. Previous 10 the
iIme OF our separation from Massachusetts,, we