Lancaster gazette. [volume] (Lancaster, Mass.) 1828-1830, 1829-02-17

provides that an action commenced by a
single woman shall not abate by reason Of
her marriage before judgment, but that
the husband may come in and prosecute,
&c.
On Thursday many petitions and orders
were introduced aud referred. Several
bills were also reported. The committee
on the Judiciary reported against the bill
for the more speedy decision of civil ac-
tons. This bill provides that in civil &C
tons in the Court of Common Pleas, where
not more than 500 are claimed, the
Judge shall, when both parties consent,
decide tie case without the Intervention
Of jury. An interesting debate ensued.
The principal argument in favour of the
bill was, that it would diminish the ex-
penses Of litigation and render the decis-
ion of cases more speedy. On the other
hand, it was thought it would interrupt
the progress of business, that it would
bring the Judge too much in contact with
the feelings, passions, and prejudices OF
suitors, constituting him mere referee !;
that 1t would be minging provinces hith-
erto kept distinct; that of the Judge, as
to law, that of the jury, as to fact; that
this principle lay at the foundation of our
system of justice, &c. &c. The argu-
ments were much enlarged upon ON either
side. Finally the report of the committee
was rejected, as also were various amend
ments that were offered, and the bill pass
ed to be engrossed. 1t will probably be
rejected in the Senate. The same bill
last year by MIR. Austin, of
Charlestown, then passed the House and
was lost in the Senate.
On Friday several bills were intro
duced among them one to enable aliens
to purchase and hold real estate. and one
in addition to an act providing for the re-
lief, &c. Of the poor also bill relating
to State paupers.
On Saturday bill from the committee
on the Judiciary was reported on the SUBJ
ject ofsecuring more impartial trials by
Jury.
| now proceed to give you some gene
raj account of what has been done touch
ing the railroad resolves. 1t must be ge-
neral and brief, as have already written
to the limit of my own patience, and prob
ably far beyond that of yourselves and
readers.
The subject was first taken up the week
before the last, on the four resolves re-
ported by the committee, which you pub
ished in your paper of the Sd inst. The
first resolve was in substance that the PRO
posed railroads could essentially promote
the great interests Of agriculture, COM
MERGE, many features, and the arts through
out the Communicable. This was mere
abstract proposition, committing, perhaps.
no one, and passed by almost unanimous
vote. The second resolve declared that
ought to be made by law for the
construction Of sach railroads By the State.
While the second resolution was under
an amendment was unfortu-
nately introduced which tended to DELAY
the consideration of the resolve, and had
an uiavourable bearing on the main prop
Asltlon. 1t provided that our pubhck lands
IN Name, together ss.4I the nrofts INT
mag be derived from RAILROADS, ssss..1 :. !, j
pledged, and be the only pledge, for the
Of such loans as shall be made for
the purpose, together NTH fee per cent.
interest thersupon. Upon this amendment
a long debate was commenced last Tues
day. 1t was generally considered that
the vote on this amendment.would test the
opinions Of members on the general ques-
ton, whether the State should undertake
the whole project. And probably this was
so.
The debate was continued on Wednes-
day. Under the proposed amendment the
whole subject was generally discussed.
Another amendment was offered, viz :
that If the loans made should only be
sufficient for the construction of a
certain portion Of the road, then IKE
portion only Of the lands, together Nth
the profits Of the road, shall be holden for
the reimbursement Of the loans SO made.
This amendment was rejected. The first
amendment was opposed by some who
were willing to make the experiment by