The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1848-02-04
Law Reform.


Der has anot err powerful article on the sub
jet of Law Reform. 1t is review Of
pamphlet of Judge Wells, Of the United
States District Court for the state Of Mssoti-
ri. The Judge assumes broad ground in
favor Of a thorough and radical reform in
the pleadings and practice Of the courts, and
exposes the abuses Of the present system in
the clearest manner. We have room to.
day only for two heads of the Judges pam
phlet, the "Decldrdtion," aud the "sereral
kinds Of action" promising our readers that
we will give the judges remedy for the
evils he here so powerfully sketches, in our
next.
1t seems to us that when the very minis
tiers of the "hoary fabrick of pedautry and
absurdity" which we have so long been ac-
customed TO hfar called ',he perfection Of
reason" turn against it, the system must
topple. How can an active, intelligent, and
thinking people longer tolerate such ali mi.
quitous delusion? To understand it fully is
but to detest it, ond the American people,
now that they are awakened on the subject,
will ere long understand it thoroughly.
"The only proper objects, / conceive, of
a declaration, are to give notice to the de-
PENDANT Of the precise matter for which he
is sued and to put it upon the files of the
court, so that it may afterwards be known
ia case there should be second suit for the
same matter. Let US see whether the oh
ject mentioned by Blackstone or that which
] have Just suggested, is obtained by the dis
tinction in actions or the declarations usually
filed in those actions.
"I'hc plaintiff is at liberty to have as many
counts Gas they are called) as he pleases.
These cOuutS are so many different state
ments of the plaintiffs cause Of action; or
are so many different declarations.
"a suit is brought il, Assumpsit; and the
declaration states that the defendant ASSUME
ed and undertook and promised to pay the
plaintiff 800 due by pronissory note (de-
scribing it at leng'h)-also 800, for money
of the plaintiff had and received by the de-
iendant-also 500 for money loaned by the
plaintiff TO the hefcndant-also 500 for in
ierest on money loaned-alSo $500 for goods
sold an, delivered by plaintiff to defendant
also 500 orlabor done by plaintiff for de-
PENDANT, aud perhaps twenty more sums due
for other different things: many such items
are frequently embraced in the same count.
Then il frequently states that the plaintiff
and defendant accounted with each other,
and there was found TO be due another SlOU
on that accounting. These arc all stated at
al ..ith II 4
particularly. Now, if upon the trial the
plaintiff can prove that the defendant owe,
him So, or $40, or any other sum for any one
or more of the matters alledsed in the dec.
laration, he will recover therefor. Indeed,
he generally does not attempt to prove any
but single item. How does such a declar.
alton six the true state of the question Of
right" Or how does it give notice 10 the
defendant Of iii, precise matter for which be
is sued?
SIN Trcspass, also, there is the same nm
certainty as to the real demand Of the plain.
tiff; the same kind of false statements and
imaginary and iminaterial matters; and will
particularly equally useless. Thus we will
suppose that the defendant came upon the
plaintiffs land, and quarrel ensuing about
the ownership Of an axe, the plaintiff called
the defendant a liar, and thcreupon the de-
4 Icndant struck him with his walking cane
/ hurting his hat. not his head. and carried of
/ the axe in dispute. The declaration instead
of stating tho whole matter in four or five
lines, usually states it in four, five, or 81,
sometimes more! This is dread
ful affair; and accordingly the plaintiff in hi,
declaration usually makes three great divis
ions of his cause OF action. lst, The Tres
pass upon his freehold, called IrespaSs quar-
cldusum .f'egii.' 2dly, The Assault an,
Battery and 3dly, The carrying away thu
plaintiffs goods aud chattels, called 'de boni
aYoridtiS.' There are frequently sevcra
counts in each great division.
"Thc defendant on certain day and yea
(nevcr proved) with force and arms (al
though there was neither force or arms used,
broke and entered upon certain close u
the plaintiff (although there was no close q
fence of any kind and with force and arm
(there was neither trampled downthe plain
tiff's heritage and grass (allhough there wa
neither heritage or grass ,hcre,) Sc, To tn
end of these counts; all equally absurd an
false. Then come the counts FOR the SIS
saul and Battery The defendant is cha,
ged with having with force and arms &c
made an assault upon the plaintiff (statin
time aud placer and then aud there wi,
great force aud violence seized and laid hol
J of the plaintiff; and then and there wit
, sticks, slaves, fists and clubs, gave an
, struck the plaintiff a great many violcl
blows and strokes on and about his heat
; face, breast, back, shoulders, arms, legs, an
] divers other parts of his body. and then an
r there with grca, force and violence rent an
. tore and damaged the clothes and wearin
, apparel. to wit: one coat, one wais,coat, on
> pair Of breeches, one cravat, one shirt, OF
] pair of stockings, and one bat of the plaintiff
c Of great value, 10 wit: ot the value Of te
, dollars, which he the said plaintiff then woi
{ and was clothed with. by means Of whic
, said several premises, he the said planti
r was then and there greatly hurt, bruised al
: wounded, and became and was sick. sor
lame aud disordercd, and SO remained M
= continued for n long space OF time, TO wi
! for the space Of one calendar month, the
r next following; during all which time
r the said plaintiff thereby suffered and unde
o went grca, pain, and was hindercd and pr
n vented from performing aud ,ransac,ing h
5 ordinary business and affairs, by him durl
@ that time to he performed aud transacte
u Sc. Then come the counts for carryil
i away the plaintiffs goods and cha,tcls;
j dreadful array Of crime and violence; al