The Lancaster gazette. (Lancaster, Ohio) 1846-1852, 1850-06-21
CALIFORNIA oonREspoxDEScs.
SAs FRAScnco. March 29lh. 1850

COHrt-The Aieaide's Court The Coart Of
First LastaHee-The Profts- Lapyers- Tie
DeSpateh Of BuSiHesJ-MoHthiy Expenses.
promised in several Of my letters u give you
an account OF the manner IN which legal bu,
ness is conducted IN California. will nov do
it, merely promising that this account has partic.
ular reference 10 the Courts within the District
of San Francisco
The Mexican Government had provided three
different aud distinct courts for the adninistra
ton Of aw in this country, and ia the abscuce
Of any Territorial government On the part OF the
United States, the people still keep these courts
III existence. They consist OF | Jus ice of the
Peace .. Alcalde's Court; 3 Court Of FIRST IT,.
stance. Other courts have been provided By the
Mexican law, bit the courts enumerated are
the only tangible courts that Brother Junalhans
boys could put into operation
Our Justice of the Peace agrees in nearly every
respect with the Magistrates Court Of Ohio-
They SIMPLY have Jurisdiction in civil cases IN
der 100. 1t is seldom ever an attorney appears
IN this court. Tue claim is simply placed in the
hands oi the Justice, who brings the parties and
witnesses before him. examines both sides Of the
cause and decides according to his best Judgment
on its merits.
The AIcaIde'S court la, cuncurrcnt jurisdic
lon with the Justice Of the Peace over all causes
not exceeding $l00-has original Jurisdiction
over all criminal cases; aud is the court oi Pro.
hate and Police court The present blcade
however, does not limit his Jurisdiction, but takes
cognlzance of all cases. submitted 10 bis decis.
ion. and will as readily admit case when the
sum in dispute is $4,000 sum over which he
has no legitimate Jurisdiction, as when it is only
800.
! 1t is necessary in order to understand tue na-
lure Of this court. that You should gain lome in.
SIGHT into the character Of the presiding officers
Or Judge. Col. john W Geary. the present Al
calde, was volunteer officer in the Mexican
war, man OF excellent sense aud judgment; but
stern, unyielding and somewhat tyranical IN his
character, having no acquaintance with the law
Whatever. The lheadlngs in this cnurt are very
simple. In fact you are al liberty tp adopt any
style you may see fit. Any written statement OF
iacs will be sufficient 10 bring the trial 10 an is
sue, whether il be legally or artificiaIly drawn III
The shape Of a Declaration. Bill or Petition or
simply in the form Of letter directed to the
Alcade setting forth the facts. Upon The filing
loi such paper summons is issued for the de-
tendant who has five days to answer, aud au ear.
| ly time is ilen set for irial-sO that you m1y
Commence suil today and iu the course of teu
days the cause is heard the Judgment Pronounced.
the execution issued-the property sold-the
money made and all said and doue with Caiflr.
MIA rapidity. The present Acalde absolutely
disposes OF more impnrlaut Cases in the course
oI one week than your Court ot Common Pleas
dspuses in two terms. The press OF business is
so great tiat it is seldom an attorney is allowed
the privilege OF making au argument or any re.
marks on his case. The duties Of tie AlcaJe
are very bnrdensome. With tile exception Of
Sunday his court Is IN perpetual session. lnm
oi his decisions lie exhibits remarkable good
sense and sound Judgment and does substantial
justice between tue parties: hut il is really IA.
armlns 70 See with what rapidity an order is IS
sued and a Judgment pronounced dispOsing of q
mans liberty or property.
The Court Of First Instance very nearly re
sembles the Court of Common Pleas OF Ohio
only it has no criminal or probate jurisdiction -
This is the only Court in which tie Lawyer
have much to do +; but il they have any practice
tue rapidity with which business is here don
will keep them constantly busy. The court
cpnstAntly in session aud so rapidly has the bus
ness been increasing that tue Judge has bee
compelled To obtain Tue assistance Of five law
yers (actng as commissioners Ia assist him
the disposition uf causes. The manner of col
ductug business III this cOnrt is about as simp!
as in the Acalde's court. You are at liberty I
adopt any style ot pleading you see proper. A
good lawyers observe the old forms and in ever
respect practice according TO the rules of tn
Common Law, or according to the practice o
the State in which they lave lived. Many prac
lice according To the civil code Of Louisiana =
Most frequently however "A case is commence,
10y uetit0n which is addressed tn tile judy
setting forth HE ground Of complaint somewha
IN the style Of Bill in ChaHcery aud the issue
made up by an answer, Not mirequently
number nf issues both of fact aud law are pre-
seuled IN the Court aud Jury. But technical
ties meet with very little favor in the opinion
pronounced by our present jndges.
These courts hwever viii soon be awept ava
and give place to the ones adopted by our he,
Constitution.
The practice of tie Law here is very laborou:
bnt pleasant. In no quarter Of the globe ar
Lawyers better remuneraled for their service.
We scarcely ever appear in a case without frs
taking u retainer aud the sum would scare
western Lawyer Our usual fee in drawing ~
simple contracts is s25. We often get from S.
to SIS for drawing up Deed of conveyance
We have great many Attorneys in San Fran
cisco and throughout California and among tIeu
can be found some most excellent Lawyers.
The great beauty Of our practice here is th
days is regarded long time to determine sui
We have no appearance terms here-no dilator
proceedngs-a case goes into court and come
out like cake on the flat iron, when one side
done you turn tower and when tue other side
done you butter it and then the Lawyer eats i
The poor client appeases his appetite by snufliu
in the delicious flavor
will give you before close few items q
my monthly expenses
Boarding $50 per week. )......... $4,000
Lodging (@5 ).----..... 10000
Washing (6 e ------...... 24OO
204.00
That snug little sum would keep one Who'll
year in Lancaster, yet have enumerated onl
three items With the greatest economy. $50
will not defray my monthly expenses. A ma
must make money fast, il he wishes to live il