Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1846-08-14

work, he invited tourite with as in our DELHI
erations.
Civil Practice IN THE COUNTY CoURTs,
NoRrH CAROLINA, &C.-RALEIGH, lS46.-This
is the title of a work that has lately made its ap
pearance at the Bar. 1t has not been long enough
in this breathing world of ours yet to make
very extensive acquaintance and the fact Is, 1t is
probable that, coming no one knows whence, and,
driving one scarceg knows whittier, without name
or security for costs i: will long enjoy most IN
enviabe obscurity. The truth is, we can tolerate
no such equivocal offspring. To entitle law
work to share the company of Coke and Black
stone, or their more voluminous successor, Gritty,
It must carry name on its face. In our day it is
stupid afftctaion to publish ones bright ideas to
the world, and deny their paternity A law book,
particularly. should never be anonymous. Fleta
emily succeeded by chance, and that was in age
Of barbarisn and stupidity. Nobody talks from
Fleta now. The simple truth of the matter is,
that unlike any other science, you in law de-
vclope an author, no new views, disseminate no
new discoveries. Stare decisis is the maxim of the
author, as we'll as the Judge, so that the compost
ton Of law work amounts at best to no more
than a compilation The best law books are those
produced by the hardest student. No mere advo.
cate ever yet made law book-it requires sterner
stuff Hence, in purchasing treatise upon any
branch of the science, we always consult the char
acter of the author not merely his moral charac-
ter and literary abilities, but his standing as a
welI-read professional man. In the present in
sahce all these resources fail, and the consequence
will be probably fatal to a production of some
merit. There is one singular innovation or de-
parturc, as it may be called, which strikes us as
being particularly original Thc learned author
does not choose to follow in the beaten track, and
like cautious soldier, fortfy he goes along, ev-
cry new position. He chooses rather to give his
authorities, all in lump, and in separate place
in the beginning Of the book. Like our modern
generals, he sends them as scouts in advance, and
gradually comes up with his main body in sec,
lions. We should pre- fer finding them placed like
baggage, in the rear, or being altogether unavaiIa
bic for any practical purpose, they might be omit
> ted altogether.
Pafcularlydo these considerations apply wher
we reflect upon the subject upon which the bool
proposes to treat. The civil practice of the Ceun
"a ty Courts of North Carolina! Why, who eve
5 heard or more rickety good for-rothins sys
tenn, if system that can be called, which has no
single relieving trait of uniformity distinguish
= able in member, joint or limb" Whose Judge
D cause Of the wisdom and learning which the
. display, but merely worthy citizens, selec
! ted by the authorities with the necessary ad
. vice, and capable, at least, Of ordinary discre
l.. ton, In the judgments they are called upo
3 to pronounce" Introd, Pr, These worthy cit
n Gems sometimes go most singularly astray, whe
h no analogous can be found in Iredell. Lik
e benighted travellers, they grope and founder r
9 diculously. 1t were pity the whole system wer
= not exploded, and single judges properly quafe
y and with enlarged jurisdiction, eeeted by the 1t
n gis allure, to supply their place. Worthy citizen
do the public more service in the jury box. Ever
o man to his trade, say We, and a straw for iude
who is lawyer. There is no other way of accoul
II, ting for the multitude of petty cases in the Count
Courts, which properly belong to the Magistrate
bench. The facilities for litigation are too numerou
q unfortunately too generally exercised The san
il" question occurs in different form every sessio
6, and the consequence most delightful uncertai
in ty. The good natured author with navete of sty
reminding one constantly Of the tender mplici
ne of Peter Parley's tales, attempts to reduce tn
es stubborn mass of heterogeneous materials to Il
S. level of the humLest capacity, and succeeds abo
II as we'll as Sergeant James Thaddeus Graeff' i
to with the Datch mitiamen.
We must say, though, in all candor tho boz
en- viii probably prove useful. If what rumor spca
L. be true, it has ilustrious origin. If the auth
th would come out, the book would SELL and one st
on towards respectable State jurisprudence would
m attained. The only way in which it can be
th service now, is in its adoption by all the Cou
on OF the State, and an anonymous legal products
by is not likely to ensure such general sv1npathv