New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1852-12-18

ouEh overhanling. In no department are the
advantage Of the new over the old Constitution
more clsakly manifested, than in the removal Of
the restrictions on the description. number and
even emolumentso 81 our Judges
Experience has demonstrated many defects
IN our present Judicial system y
The constitution Of the Supreme Bench, BY
which contradictory judgments are frequently
affirmed, was one of those palpable plumbers
which created, from its very inception, the
strongest disapproval and no little ridicule.
Under its operation it has frequently happened
that directly opposite views Of thelaw are main
tanned. Thus, between white and black, the
four Judges are equally divided but our District
Court has decided il favor Of white; it's judg-
mentl is consequently affirmed and becomes the
Iiaw- Another District Court decided in favor
Of black which is also affirmed by the approval
ct Two judges Of the appellate tribunal, and
thus black becomes the law as we'll Us unite.
But We need not dwell on defect which is so
universally admitted and will no doubt be
promptly and unanimously repaired.
There is another error in our Judicial system
which, though quite as apparent and even more
injuriousto the cause Of justice and the inter
ests Of the public, is not 80 generally recognized
ON account of an old prejudice, which, though
not without foundation originally. has led our
Legislators into an extreme that seriously di-
minishes the value Of the improS thent aimed at.
We refer to the abolition Of local Parish and
Probate Courts The old Parish Court system.
which came down to US from the Span
ish Rule, had many serious defects, but
ii possessed some merits. The latter were
entirely lost sight Of in the hurry to get rid Of
the former. The whole system was torn up
root and branch. Its notarial powers were
| transferred to regular Notries Public; its pow
ers Of recording mortgages and registering con-
veyances were assigned to q Recorder its police
duties to . Police Jury i; and its judicial func-
| tions were divided between District Judges and
Justices Of the Peace Many inconyenienoes
have resulted from this wholesale extinction Of
the Parish Court. The chief Of these, for we
have not time or space to mention them all, is
thedificulty of settling SUGGESTIONS in District
Court, which sets but twice year in each par
ish The superintendance of the administering
of the estates Of deceased persons, is duty
which should be confded to Judge, who is al
ways present in the parish, ready to render
prompt assistance in facilitating the settlement
and distribution Of property, and preventing
those ruinous delays which involve SO serious a
reproach upon our Judicial system. There is
too, great need of such o local court, to deter
mine causes involving small amounts where the
parties are too poor to await the slower move.
No,,rf 1o,
to render speedy justice in cases Of parties
charged with misdemeanors and the lower grade
Of crime.
Such local Court, with full Probate and a
limited civil and criminal Jurisdiction would
not only afford great relief to the people, but il
would also SO reduce the labors Of the District
Courts, which are now burdened with confused
mass Of all sorts Of business, as to render one,
half the existing number Of Judges amply suf6
cient, for the wants Of the State. Such loca
Courts exist in all the States. The duty Of at
tending to SUGGESTIONS is one which in progress
| i've and prosperous community will requir
| nearly the whole time, devotion and care of On
Individual. It is expecting too much of eur Dis
trict Judges, with their multifarious duties, t
| give that close and careful attention to thi
branch Of business which its constantly pressing
demands require.
We trust, therefore, that the Legislature vii
take this subject into serious deliberation, ant
unless weighty considerations are presented
against such course, that they will amendo ul
Judicial system not so as to secure the old Par
sh Courts, but so as to secure to each parish
Court similar in character and functions to thu
| Probate Courts of other States
There are other points worthy Of the atten
ton Of our next Legislature, for which we hay
not space in our columns to-day, but hope agai
to revert to this subject, as we'll as to other
which will no doubt engage the attention Of gu
next Legislature. We have, however, sal
enough to show the difficult duties that will de
volye upon this body and the consequent obliga
ton upon the people to make careful and judi
cious selections Of those to whom such gray
trusts and severe responsibilities will be CON
mitted.