The Perrysburg journal. [volume] (Perrysburg, Ohio) 1853-1861, 1854-01-16

meet the interest on the public debt is an
nually diminishing, and the temporary causes
that now tend to keep up the taxes, will
soon disappear. The Banks can therefore
gain but little by a perseverance in their
present course, while injury and final ruin
may be the consequence. ...
The duty of the General Assembly is plain
and unquestionable. The requirements of
the Constitution must be carried out. In
this determination the people and every
branch of the State Government are united,
and will sustain each other by the most
cheerful cooperation. The Banks should
look beyond the legal issue. No one should
desire to live among an industrious and
heavily taxed people, without bearing fair
and equal proportion of the necessary bur-
dens Of the state.
The new Constitution made three impor-
tant changes in the Judicial department, re-
ferring to the manner of electing the Judges.
the organiza ton of the Courts, and the mode
of proceeding in the administration of JUS
tice.
The fourteenth article requires that the
General Assembly shall provide for the ap-
pointment Of three Commissioners to revise,
reform, simplify and abridge the practice,
pleadings, forms and proceedings of the
Courts of Record of this State, and as far as
practicable and expedient, provide for the
abolition of the distinct forms of actions at
law, then in use, and for the administration
of justice by uniform mode of proceeding,
without any distinction between law and
equity.
These Commissioners were appointed, and
on the 18th of January, 1853, made their
report to the General Assembly, then in ses-
sion. They reported Code of Civil Pro-
cedure, which has gone into operation as a
statute Of the State.
The changes made by this Code are radi-
cal and thorough, and seem to fully meet
the requirements Of the Constitution.
The actions at la " heretofore in use are
abolished and justice is to b. administered
by mode of proceeding without reference
to any distinction between law and equity
Technicalities and fictions ia pleading are
no longer required. The parties, in stating
their claim and defence, must tell the truth,
and in ordinary and concise language.
To discourage unjust claims and false de-
fences, to dispense with unnecessary proof,
and to prevent recurrence to formality and
fiction, every pleading of fact must be veriti-
ed.
To get at the whole truth in every case,
the parties to the action, and all other per-
sons, with few exceptions. are allowed to
testify.
These changes put an end to the old sys-
tenn of practice, and aim to substitute for it
what the people have long demanded, a sim
pie, ineligible and economical mode of
procedure for the administration of Justice.
The new Code went into operation on the
second day of July last, and sufficient time
has not yet elapsed to test the wisdom and
practicability of all its provisions. That
most if not all of them are real and impor-
tant reforms, have no doubt. 1t is to be
that in the beginning they will
give rise to some embarrassment, but it may
be chiefly the embarrassment of change.
In view of the importance of this subject,
and of the untried condition of this law,
consider it proper to recommend great eau
tion in any further immediate legislation
upon it. 1t seems to me it will be wiser to
wait for the notifications suggested by ex-
perience, than hastily to adopt those of mere
theory
1t will be observed that the requirement
of the Constitution referred to, applies as
we'll to the Criminal as to the Civil Code.
The Code reported and enacted relates only
to civil procedure; and the term of office
of the Commissioners heretofore appointed,
ended by limitation on the first Monday Of
March last. You will, therefore, consider