Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1849-03-01
FSea ID .gsa Fitunc
Easier Modes Of ge / Remedy
\ in The Courts wv.

ss,rssaSvs1seV aboot itlsan,I IA d million .Ss
~, ~ - 5 j lludiaelsTas
tones ainiera5l "a, and opirl. Nj statements n
old law authosiees, many j 1Apn being othe
most opposite apd conaiotiu eFacters. N5th
IT'S e,ixeaa up many folips nerican stataaei
law, dectaFlags amending, ru lng in part, solFSi
ing doubts, eSplgning, &e}ra practice IN
the courts d s fegae byscnstoa a..
usage, and partly 81 statdP tlen conflicting
with sad.usage, andis soini Pc scbscnFe and
of very doubtful coussmct& In shorb not
outstanding the able sem tsriss Of Black
stone and Kent, the CD no Judges, here
and in, England, have gol4 y been able to
find a legal precedent sou for any POS
sible crime they choose to- ~. Some great
lawyers say that Common " is all written;
others that it isn't ;Ahs New TX Constitutional
Convention resolved, that, e commissioners,
since appointed by statute SALARY Of $4,000
per anum, should revise, Pity, reform and
abrdge the substantive la ind that another
three should epdeayor to cod ~ reduce to order
the practice in the Courts. pc first three have
not yet reported anything consequence, but
the commissioners of pracx Messrs. David
Graham, Arphaxad LoomisNd David Dudley
Field, have proposed those kst important and
beneficial changes, which Legislature sane
toned last April. -
On the LIST of July last, pde OF Procedure
a remedial system in EqdS ame INTO opera
ton in the courts, and the node OF Common
Law plcadings and practic sea to exist An
act of 30l sections, divideaHEo two parts, Tor
| the regulation Of civil actQkon'y, IS, thus tar
/ adopted. Further parts wllgenbrace criminal
procedure, regulations respedlig the jurisdiction
) of Courts, the rules of EVIDENCE and all proceed
mos not actions. cassed as Tocial.
5 Some ofthe alterations from the old law prac-
g tice are as follows:
l. A written acknowledgment, signed by the
5 party to be charged, "a usxsssafy to revive
= debt barred by tho statutePt Limitations.
Y b It extends exemptions rom arrest and i'm
S prsonment to cases Of tort mischief, injury,
1 except when the defendant is nonresident, G
S about to leave the State.
# 3. 1t requires plaintiff to lye security for &c
d PENDANTS cost and damages, on applying for a
S order of arrest.
S 4. 1t allows a deposit o. money instead
n bail.
/. 5. It provides that mo suit shall abate, by tn
n death, marriage, or other disability of a party
u 6. Issues of law and fact ihNy be referred
l. arbitration; the parties may select from the con
v munty the final judge,of tter controversies
II 7. All fees, and restricting and rogulatr
Y agreements between counsel, or attorney an
a client, are abolished, but DE successful party
y allowed an idemnity from - opponent.
e g. Parties differing may submit case co
If tanning the facts, on affid the Court Is
y hear and decide the matt without costs, al
e judgement to be entered up
/ o. A party may not put himself on the stal
n as a witness, but any party may be called as
l. witness by the adverse party, and examined, a
n. thus called, may also testify on his own beh'
ID in the matter. lncapacit9sof witness from
a torest is abolished Fl
L 10. As the Code allowdbut one form of Q
m ton, it provides but onSi isOf commencing
n by service of summons, k is a notice, requ
:, ing defendant to serve Nf his answer
N plaintiff within twenty daJlS
= 1lfAii persons having Il interessip the 81
teI jesesfthe action, and ii sltlng the relief
M maSded, may be joined a. hintifs any, per-