Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1857-01-17
For the Standard.
THE PRACTICE IN THE COURTS OF NORTH
CAROLINA

CAROLtNA.
MEssRs. EDIToRs: While our representatives are
busly engaged i'll schemes of State or individual
policy-nOw and them advertng to the law of the
land for the purpose Of making innovations and
sometimes improvements in it-allow an humble cit
izcn, through your columns to bring TO your attcn-
ton one OF the crying evils connected with the adj
minlStrat;on of justice i'll the State. None can
deny that our laws-which consist of the common
law SO modified and enlarged as TO suit institu-
tons and the progress of the age by wisdom, expo
rcnce and justicc-are nearly perfect the
nature of thingswill admit Yet in spite of this pal
pabe TRUTH those concerned in the administration Of
justice throughout the State al from week to wcdk
dishcartened and perplexed by the announcement Of
repeal and innovation in laws 10 which they can find
no objection, unless it be that law cannot bend TO
suit every individual case. The consequence is that
the pursuit Of justice is embarrassed and impetlcd,
and courts arc reproached with ignorance of laws,
when, perhaps the first notice they have of their
istence is their repeal.
To one acquainted with the proceedings and prac.
tlce Ut the Courts, the Of this unraSincSS
Der existing laws is at once obvious. The fault is
not in the law. in the ability fidelity of those
whose duty it is to administer the law but it is clear
ly and almost solely in the prnctice IN the courts.
Our Legislature has not, in deed been entirely re-
gardes OF its duty to prescribe rules of practice for
The courts. few rules, almost indispensable 20
proceedings in court ofjusicc, have been enacted !;
but they have been spread on our statute book only
to be d'Sregarded by the courts. Certain forms of
proceeding not authorized by law ; not sanctioned
by the example Of the common law courts of Eng
land, OF the federal courts, those Of sister
otatcS, and not even supported on the ground of
convenience or cxpcdiency-thesc have been allow
ca to take the place of the meagre rules prescribed
ny the Legislature: because no doubt, the latter
are SO insufficient and incomplete. Hence arises
that dcpora5le truth-that North Carolina. with all
her proverbiat honesty and integrity, with all the
0I0r
silcu learning and lustre her bench has the most
confused, the most irregular, the most unmcthodi-
Cal common law courts in Chrstendom. Take an
example, The defendant is notified by the capias
that he must answer the plaintiff of plea of debt
he appears at the proper time, and probably with
ont Knowing the exact nature of the claim he is to
answer (fOr, strang. to say, the court does not
quire declaration to be fled his attorney enters
halfa dozen pleas (hcy not filed as they should
oe); the plaintiff not knowing what plea his OPP
ponent VII rest the case summons al his friends
that know any thing about the matter, land the
defendant doth the like" At the trial term all the
evidence connected with any phase of the case is
brought forward without any issue in particular,
the case is submitted to jury, who decide upon all
It's merits whether questions of fact law equity,
dhd their rerolict constitutes the Judgment IF the
| court. An. appeal is carried up to the Supreme
Court winch is to decide, upon inspection of the
| whole record. What record is there? The names
of the parties and the action with few other for
! NAL entries. There being regular question Of
| law arising from the record the counsel frame one
which often consists of multiplicity of issues, both
of law and fact. and the decision of the SUP RENE
| Court is called for.
| Such facts these call for reform. We must have
better, more scientific and more methotca code
of practice. Let the Supreme Court, or the Judges
of the Superior Court or select committee, be au
thorizcd by the Legislature to draw up a code of
practice; let it be made specially ahpa:ory the
courts to it carries. into effect. Then, and not
| TIL them %Ll commence in the science OF
| Jurisprudence in North Carolina. Then will suito.s
longer give up their rights for fear of the delay
| expense and uncertainty Of the law; and then the
lawyer will no longer have s.nded in vain the pa
| ges If Chttv, Stephen and Tidd.
This work will not bc d fficult. All ready te
confess its absolute necessity and great Importance
There are no long established rules to be set aside
| it will be necessary to establish order and method
where confusion and disorder have long prevailed
individuals have attempted sngle-handed to reform
the evils alluded to- and one+ has laid the State and
especially the bar under lasting obligations for his
dsinterested labor in this behalf; but Legislative
sanction is needed 10 give authority to the laudable
efforts Of individuals, and trust it will be no lon.
| ger withheld. NJ.
*Mr. Attorney General Eaton. -