New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-02-14
Thoroueb I.euaI Rcforn,.

article, developing mis- ideas Of Judicial and Lega
Reform. We make room only for the concluo
ing half OF his letter developing his own letter atte
he has sufficiently objected TO all otbers The clos
inp sngces,ion he borrows from Mr.. Looms we con
slider one Of great merit He says;
To secure an organization in accordance with the
above suggestions propose the following plan.
Abolish all our Courts as they now exist retain
ing Justices OF the Peace, only with criminal ia
risdiction such as they now possess, and the power
OF issuing civil process returnabe al other courts
Let there be County Court, possessing law enc
equity jurisdiction composed OF a Chief Justice
and one or more Associate Justices, as the eHten
and business of each County may demand each Il
be paid salary Sufficient 10 command the best ia
dclal taent-and no lees or perqulsies TO be allow
ed them.
Let each County be divided into as many districts
as il has County Judges and Judge 10 reside il
each district.
Let the resident Jud &c hold stated terms as offer
az may be necessary in each in his district
be called Municipal Circuits. 10 be Courts ofRecord
the Clerk of the town 10 be the Clerk of the Court
and at such terms said Judge 10 possess and exercise
all original jurisdiction in law and equity restricted
by certain territorial limits all claims OF every
description and amount.
Let Attorneys Justices OF the Peace and Clerks
of Courts have power TO issue process, returnaole
az some one Of these Circuits In judgments by de
Judgment entered end dockeied there. Let ell the
headings be done in that Court, and all issues o.
fact or of Law, be there tried or heard, and iudg
roent or DEGREES thereon entered and docketed sub
iect to revision by the Courts above.
Let all the pleadings and proceedings ofthese Cir
cuts be as simple and as summary as may be con
sis,ent with the ends Of justice.
Let these Judges possess all the powers ex
ercised by Surrogates, and attend also 10 that bust
ness of these Circuits
Let all issues of fact be tried by the Court unless
the parties, or one of them, request lury-such re
quest TO be made on the first day Of the term which
the issue is trable. Such jurors TO be selected anc
cmpanneed in q similar manner as now provided IL
the higher Courts The Districts and the times snt
places of holding Courts might be regulated by tn
Board of Supervisors Of each County. All non-enu
rnerated business might be done al these Circuits.
Let the County Judges hold stated terms in thei
Counties to hear on bills Of exceptions, cases
appeals. &c which may arise at their several CIR
cults and also to exercise all criminal jurisdiction
now possessed by Courts of Oyer and Ternline
and General Sessions of the Peace.
Divide the State into three Judicial Districts witt
three Jude TO each District, to be called Supreme
Court Judges, 10 hold stated terms and TO posses
and exercise all law and equity powers in correct
ing the decisions of the several County Courts II
their District
Leta Court for the Correction of Errors be com
a stated term once in each year in each Judicia
District.
Instead of person 10 act as Reconcler OF Dl
ferences az you have proposed, | should prefer tn
plan in,rod uced by Mr. Looms, in bill before on
Legislature few years since, which required IN
Plaintiff to endorse on his declaration what amour
he would take in satisfaction, by way OF an offer
| If the Defendant paid that and costs TO tbs
time, there was an end OF it. If he chose not 10 s
pay, he was required TO endorse on his plea II h
| put one in, what he would give. if any thing. b.
| way OF an offer II the Plaintiff elected TO accep
the Defendant offer, he could do so and have cost
| 10 that time If not and on the trial he got NOR
than the Defendant offered. he had to pay all cost
which accrued thereafter think this mode woulC
accomplish the desired object as well, and would bt
less expensive and less liable TO abuse. 1t woult
not be az likely TO irrtate the parties, and eacl
would be prompted by selt.interest to make con
cessions, so es 10 litigate safely and in that way
they would settle the matter OF dispute. Let al
actions be commenced before the Municipal Cir
cults; and when the declaration or bill was not tht
| original process make it necessary that it should bt
| served al the time with the original precept
and the plan could always be conveniently applied
Abolish the Lawyers Fee bill and in the pac
OF i, let the prevailing party recover costs Gel
tain per ccntagc, varied by just discrimination
based upon the amount contested and other circun
stances. This would secure the Ingenuity an
energy Of the Bar on the side of simplicity an
brevity in pleadngs and proceedings.
An organization of this character would not be sui
iect TO delay by the accumulation OF business, a
the number of Judges could be easily accommoda
ted to the labors required.
1t would diminish litigation, because it would re
move two strong inducements TO unjust controversy
viz: the incompetency OF Justices Courts, which
renders contest there sometimes amaiier ofchance
in which right and wrong enjoy perfect equality
and the delay of cur higher Courts which lead
many 10 litigate merely 10 obtain that delay.
In many other respects such an organization
would be- better than any other. But this commu
nicaton has now been too much extended and mus
terminate. A. b.