The Belmont chronicle, and farmers, mechanics and manufacturers advocate. [volume] (St. Clairsville, Ohio) 1848-1855, 1853-02-04


the acknowledgment of an existing La
bility or promise to pay mus, be In writ
ing, signed by the party TO be charged there.
BY" The plea Of limitation will never be
set up by an honest man TO avoid the pny-
ment Of a claim or debt Justly due. A man
who is willing TO put up his promise in writ
ing, so as to avoid the operation of the stat
ute, would never hesitate to give new obli-
gation-while he who did not intend to nav
hls debt, if he could avoid it by plea of lin
itation, would always refuse to put his prom
Use or acknowledgment in writing. If A.
owes b. one hundred dollars, and the claim is
not barred by the statute you will permit B.
to prove by witness that A. said he owed
the debt and would pay it. Why should the
rule be different if the claim is barred By the
statute, for in neither case is the debt paid
II a man has promised to pay a debt within
the period limited by the statute, or after it
is barred, why not be allowed to prove that,
like any other factl 1t is said the temptation
to perjury is too great:--certainly not so great
as IN allowing party to testify in his own
case, for which the Code provides. Our law
docs not now require the acknowledgment or
promise to be in writing, and we can see no
satisfactory reason for the change.
2. 1t provides onp. ll5, sec. 5 and 7, that
after the evidence is closed in the case, and
before argument by counsel, that the Court,
If required, shall instruct the Jury upon the
questions of law arising in the case. 1t oft
en- happens that Lawyers are called upon to
assist or try cause without time for prepar-
alton; especially is it so in our lower courts,
but during the investigation of the case, and
while hearing the arguments upon the other
side, he has time to make up his mind what
legal position it is safe to assert for his client.
The Court, who ore but Lawyers, often need
the time which is given them in the argu-
ments of the cause to make up their minds as
to the law they wish to give in charge to the
Jury. Ofall sciences the law is the most
comprehensive, the most technical, and re-
quires often the closest discrimination in its
application to the facts in given case. The
Court now after hearing the arguments and
the application Of the law to the facts, by the
counsel on either side, can without much DIFF
flcuty give right instruction TO the jury
With this we at least are satisfied.
3. On p. 1l6, sec. go If the jury disa-
gree as to any part of the testimony given in
the case, the Court is permitted to state to
them "thelr recollection as to the testimony
on the point in dispute" &c. We object to
this provision, because the jury are made, and
wisely too, the erc.usive judges Of the facts,
and 1t twelve men cannot, after hearing the
testimony from the witnesses at the stand,
recoLtect it,-it is a misfortune which ought
not to be provided against by allowing the
Court to state their recollection of it. 1t is a
power which no Court should be permitted to
exercise. Let the practice remain as it Isl
no evil has resulted from it, or is likely to-
The preservation of the liberty of the people,
and the pure administration of justice depend
upon keeping the exercise of each department
of the government within its legitimate sphere.
We should be jealous of the smallest en-
croachment Of the duties which are assigned
to the jury being exercised by the Court, and
vice versa.
4. 1t is provided, p. l64, Sec 800, "that
action for libel slander, malicious prosecu-
tion, assault, or assault and battery, for a
nuisance, or against Justice of the Peace
for misconduct in office, shall abate by the
death of the defendant" IL is an old maxim
of the law, that for every wrong there is Il
remedy. If it is right to allow suit to be
brought to recover damages for any one of tine
above causes of action, it is clearly right to
allow the suit to be prosecuted to final Judy
ment. If A. owes B. one dollar, and dies
before payment, the law makes his estate re-
sponsble for the debt, and gives right of
action to collect it. But if A. falls upon B.,
beats him, breaks his arm, or Injuries him bo.
dily in any way, no matter how aggravated,
by which he is put to great expense, and per-
haps injured for life, aud A. dies any time
before the case is tried or the damages re-
covered, no matter though suit be commence
ed, BIS remedy is gone, buried in the grave
with A. Is this just! The law protects nv
person from injury, yet by this Code my right
of action and compensation for the injury, is
made to depend upon the uncertain tenure by
which the defendant holds his life. Who
would not rather lose hundred dollars than
have his eye put out, or some other crest bo-
Oily harm done him! Yet in the former case
the estate of the man is liable, dead or alive,
while in the latter his death discharges his
estate from all liability. A. ISLANDERS B. and
b. sues him for the-injury to his reputation;
his suit is pending; he has incurred large a.
mount of costs in its preparation for trial,
and before the case is tried, the defendant
dies, and the plaintiff goes out of court with
the costs to pay, without redress This is |
called Judicial reform, administering Justice |
according to the "new Code" 1t is said this |
was always the case at common law, which |
is more than thousand years old. 1t is right
therefore to commit sin because of its ,Onq
continuance in the world! 1t is the old Gus
IONS and jargon Of the past that we are try
ng to rid ourselves of-but in any age of the
world redress should have been allowed
or personal injuries, which are greatly more
aggravated than mere pecuniary loss. Be-
tides all this, the "Code," in this provision of
t. is in conflict with at least the spirit of the
9th section of the Bin Of Rights of the New
which provides, "All Courts
hall be open. and any person, TOR an injury
lone him in his lands, goods, person, or repu-
alton, shall have remedy by due course of
aw; and justice administered without, denial
~ dalny Withont IN nynandnont ,c A. 4