The true Democrat., 1856-01-29
For the True Democrat Law Reform.
NO. II.
TOR TRUE DEMOCRAT

EDfToR TRUE DEMOCRAT
 Why does this great reform drag it's slow length 50 far behind the useful pro- .ress of the age? Why are the people so read y to rise and strike down, by legislative action aud otherwise, every species of tyranny that alflicts and expresses them, and still permit th odious judicial tyranny, under the old con- mon law system, to oppress and delay the rights of person and property, upon the uncertain wave of its fine spun technicalities and un- meaning subtleties?
 In many of the States which have recogniz- ed the authority of the common law, the law yers have been in the habit of bringing three or four, and sometimes over half dozen, sepa- rate actions on a plain note of hand, when there happened to be on such note as many endors- CTS. The same action applied to bills of ex- change A separate suit was instituted against the drawers, against the acceptors, and against each endorser; and separate bill of cost ren- dered in each case. If this branch of the common law system ever prevailed in this State, it was abolished by the statute of 1887. All attempted reformations of this kind meet with opposition, but when once carried, the opponents themselves, not only acquiesce, but very often become the advocates of reformato ry me asnres, which have heretofore been vio- len sly opposed by them. It was Dewitt Clin- tor who advised the Legislature of New York 70 .,1, of and the repeal has saved the people of that State many hundred thousand dollars in costs, fees, etc.
 Previous to the year 1888, the common law practice prevailed in such cases, in the State of Mississippi, and by act of the Legislature of 1898, different rule was adopted, and many hu ndred thousand dollars saved to the people, in the shape of costs and fees.
 That class of lawyers who opposed the above named reform, will oppose the reform now sought; but among its advocates in our own State, I hope to see our most enlightened judges and lawyers, the pride of our bar, and honored of our population. The simplifca ton of our code of procedure, pleading and practice should be directed by our next Legis- lature; the great work should be assigned to our ablest men, those of acknowledged ability, experience and integrity.
 It has been said, that in New York, the ben efts of the new code procedure have already been very generally felt and highly apprecat- ]. q. =, kb Er, oo1o of Ia in a country holding the common law of Eng land, and will confer honor alike on the State and tie learned compiers. It must, gradually, greatl v diminish legislation, for plain and straig 1t road to justice, is less tedious than a crooked and intricate path of ten or twenty years standing.
 The writer of this article filed his bill on the chance,y side of the docket; it was kept over ten years in court, on plain questions of fact proven beyond all measure of doubt or contro' versy; questions that any judge of ordinary capacity could examine and decide as well in two hours as twenty years; yet the rules oi procedure to which the case has been subjected uQ0 IlOLlOuS Ot hioO duN SO oOOh, oho NOioy the common law supersedeas obtained by t he artful special pleaders always found ready to take advantage under the miserable system; the efforts of ingenious counsel to mislead the strong minds of judges on irrelevant issues, is but single. example of many like cases over the country.
 Practical men are aware of frequent instan- ces where judges have been so fettered and welded to the common law usages, as to refuse motions to amend in cases of simple misnomer Get id .omne genus, excuse me, reader, for these four words of Latin, for I shall complain much against ancient legal terms, before have done,, notwithstanding our statute of jeofails, and thus causing party 10 suffer unjustly nor shit. with the burthensome additional expense of a new trial. Ought such a State of practice to be longer endured by an enlightened peo pie?
 Abolish the old common law forms of prac tice and pleading; make justice more speedy simple and certain; supply our people witt 1 plain and intelligible law for every branch O