Spirit of the times. [volume] (Ironton, Ohio) 1853-1858, 1853-01-18
Jurisprudence in ohio.

SPnnDly Is engaged III tnc revision, OIL
the statutes that regulate the ursdic.
ton, and TO some extent, the practice Of
the Courts. We have no knowledge of
the precise character ofthe changes and
provisions they are making, but presume
they are trying 10 form and adapt the
statutes to the new consitution, and TO
the "code Of procedure"--a task that
can neither be put by, nor be performed
with clumsy and unskillful hands.
We have supposed TINT commission
of able and experienced men for the pur-
pose, with plenty of time given them
for the work, would be more likely to
succeed in drafting, amending, AMI Il.
dapting the laws 10 the new constitution,
and to hat system of practice which it
contemplates, by "code' that abolish
es, the dis inctive forms of action, and
unitcs Law and Chancery in the same
proceeding. than the General Assembly
will be likely to do, during the short
period that it will be in session.
The labor from its very nature, must
Of necessity. be performed, by but few
persons, and with their limited time; i, is
TOO much TO presume that they will pro.
duce system Of statutes, that will in
all respects, harmOnize, either with the
constitution, or with the code.
The first thing to be done, is to define
and settle the jurisdiction of each court.
We are no friend to concurrent juris.
dction, especially in cases that involve
the titles of real es ate, because it pro.
duces confusion Of records, which stand
as evidence of title to land; either the
Probate Court or the Common Pleas
should keep complete record of all
judicial sales.
There is one other matter that demands
the attention Of the Legislature; we al.
lude to the frequent interruption and
arrangement of the business Of the
Court of Common Pleas, by the inter.
vention of State trials. All who have
had suits in court, or who have been
much about court houses, must have no.
ticcd it.
The evil is indeed serious one, and
we see no means g! removing it, while
the Grand Jury is connected with that
court. Clerks in setting their cases for
trial, can never make any accurate cs
innate Of the time that will be needed to
dispose Of the State business.
II there are persons in custody, for
offences, they have right to be tried, as
soon as they can be arraigned, but the
number of such cases can never BE
known, until the adjournment Of the
Grand Jury, when all civil business is
obliged to stop until prisoners ore tried.
II is often the case that there is enough
of such business TO detain the court,
from three TO four days; during which
time, those who are concerned in prose.
cutting or defending civil suits. are oblig.
ed to wait with their witness, Or get their
cases put off, or be liable to submit to
non suit We have of.en known men
who we've ready for trial, "yea standing
for judgment" leave the court house and
60 home in utter despair Of getting their
complaints hcarl, in consequence of
these Interruptions.
With the cause Of those frequent de.
lays. most people arc not generally &C.
quainted, and unjustly throw the blame
upon the court and its officers. To o.
void this evil it is proposed to connect
the Grand Jury with the Probate Court,
and from that cour. certify up such in.
dictments as would be tricI in higher
tribunals.
Such an arrangement Of the Grand Ju
~ would remove from the Common
Pleas Courts, one Of the worst com.
plants made against them. and would
place both criminal and civil business |
in regular order
An other embarrassment in the Com.
mon Plsas, arises from the manner in
which suits are brought into that court.
For example, A. sues B. on common
note, the week after adjournment of the
fall term Of the odurt. although B. is
served with process, he is NOT legally in
court until the next term, which comes
in the Spring, and in no event can judg.
lnent be had until the term after, which
generally comes in the summer. In these
various ways is justice deadened and
soured in its administration.
Ifths General Assembly docs its du. I,