Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1846-09-09
LEGAL BOOK KEEPING.


Every one knows that we have in this
country, two distinct styles os English Ian.
gudge, which are used in the conveying oil
ideas; one is the style used in the common
correspondence and business affairs of life
the other is the style employed in express
inng things legally, generally denomnated
the language OF the law. Suppose our mer-
chants should give up then present form Of
language in their business transactions, and
adopt the law method Of expressing things;
what wordy world we should live in, what
voluminous correspondence, what ponderous
books FOR keeping accounts. A merchant
sells an orange; the buyer does not pay for
it, and the seller enters the charge on his
book in accordance with the fact. Now
suppose the merchant instead ofthe ordina
ry method Of stating the fact, should make
isentry according law language; it would
then read something as follows
a'' 81 do hereby sell all and singular, my in
tcrost, right, tile, claim and advantages Of
and in that orange, with the rind, skin,
juice, pulp and pips, and all rights and add
vantage thereto, with full power 10 Jite,c
suck, or otherwise eat the same, as fully
and cnectually, as |, the said A am now
or sell the same, with OF without its rlnd,
skin, juice, pulp and plps, and everything
heretofore or hereinafter, or in any other
deed or deeds, instrument, or instruments,
Of whatsoever nature or kind soever TO the
contrary in any wise notwithstanding"
e.. Who does not see that the adoption Of
law language by the mercantile community,
would introduce a wonderful new era in the
business world Hundreds of clerks who
are now spending their time in idlencss,
would speedily be sci 10 work; paper ma.
kors would receive increased orders, and
book binders would be more than ever busy.
Besides, mercl ants, would most likely soon
belong 10 the learned professions. But
again, suppose the merchant when he takes
a note, instead ofjus entering in his bill
book the makers name, date. amount, and
tine when payable, should just write it out
as tue lawyer does, when he draws a decla-
ration upon it; then the oulin csof ii,would
read pretty much as follows: THAT the
sa ID maker was indebted for money had and
received, etc.; for money paid, laid out and
expended, etc.; for money lent and advan-
C d, etc. tina, the maker promised well and
faithfully to pay, etc. and that though often
requested, etc; that he would not, etc.
This form Of entry on the book, might be
extended from ten 10 twenty ioljos,aS might
suit the pleasure ofthe book keeper.
Now as general rule, there can he dic-
fereHt ways of stating a fact, but the right
way, must he legal way. The legal way
is that which has been pprovcd 10y those
learned in the law, for more than dozen
centuries, and by judges and legal tribunals
FOR many ages. But we cannot at This time
pursue the subject OF legal book keeping
iur,hor; we will only advertto the proprely
OF using law language in stating common
occurrences. Suppose two individuals
meet in the street; angry words pass be.
tween them, the one strikes the other with
his cane. Now the common vulgar way
of stating the fact would be thus: "Tom
struck D.ck with his cane" But Chitty,
the Immaculate father Of pleadngs, would
never countenance such plain, blum, state,
men,. In the refined language of the law,
the story would Ian something aGer this
sort:
"And whereas, the said Tom, in the year
and day aforesaid, in and upon the body Of
the said Dick, in the peace Of God and the
State, then aud there being, did make a