Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-01-21
HOUSE OF REPRESENTATIVES,.

Mr. BULLBN obtained the floor and
Senate took 8 recess until 2 p. a.
HOUSE OF REPRESENTATIVES,
TUESDAY, Jan. 10, 1858.
The journal Of yesterday was read.
REPORTS PROM COMMITTEE
Mr. DUNLAP, from the Committee on Ways and
Means introduced bill (No. 393) TO better secure
the collection Of the revenue, and define the duties
Of Judges and Chanoeilors Clerks, Trustees, and
Attorneys General which was passed the first read
Mr. NEWMAN, from the Committee on Internal
improvement returned Senate bill (50} to authorize
the building Of the Mount Pleasant and Hampshire
turnpike road, with amendments amendatOry Of the
charters Of Bersheba Springs and Tracy Turnpike
Company, Spring Hill and Lewisburg Turnpike
Company, and Alexandriaand Red Sulphur Springs
Turnpike Company, with amendment, adding
these words: provided nothing in this act shall be
so construed as to grant State aid TO any Of said
roads"
He also returned sundry petitions with reference
to these roads, and asked that the committee be dis
charged from their further consideration
cnEBoKEE TREATIES.
Mr. GRIFFITH submitted petition Of the heirs
of - Wylie, against the claim Of the heirs OF
James Mcdaniel the title to certain India grants
of land; which read, with his joint resolution
by way of memorial to Congress in relation 10 the
Cherokee Indians making provision fer the relin-
punishment Of the right in Zee simple to the children,
and reservation .dower of the widows Of heads Of
families taking reservations under the same; which
| lies over.
CLERKS AND ASSESSORS.
Mr. EWING introduced a bill mo. 894) directory
to Clerks and Assessors; which passed the first
reading.
LAW REFORM.
The House now returned to the consideration Of
the special order of yesterday-Mr Thompson's Law
Reform bill-the question being on Mr. CARTER Of
Carters motion to indefinitely postpone aud the
yeas and nays being demanded ordered, and taken
thereon-the House refused to postpone.
Mr. KENDRICK now withdrew his amendment
Mr. SHREWSBURY submitted bill in lieu, IS
follows
l. Be Il enacted, &c, That hereafter the plaintiff
in the Circuit Courts in this State, instead of de
caratiOn as heretofore, shall flea petition In which
the cause Of action shall be set forth; and the de-
PENDANT instead Of his pleas, as heretofore, shall
either file his demurrer or answer in which he shall
stste his grounds of defense.
2 Be Il further enacted That the court trying
said cause shall have original and concurrent juris
diction with the ChaDcery Courts Of this State to
determine the equity as well as the law in the case;
and no person shall be turned out Of said court to
seek redress in any other eourt-said court shall
have full power TO justice to be done in the
premises.
g. Be Il further enacted That the defendant may
file special pleas in abatement fortified by afdsvits
Mr. s. tstated that he was in favor of the princi-
pie Of the original BILL but there was too much of it.
Ne should not cover up ideas with words The
object was to simplify the law practice. lie would
be at greater loss proceed with suit under the
original BILL than under the present system Of prae-
tice 1t was common weakness in legislation TO
attempt too much He objected to the technical
iingle' Of the original BILL and sought 10 avoid all
in his He DroDospd that M ms should he
turned Of cnOrt for want of form, and that the
court should try the upon the equity well as
the law of the He proposed no change in the
forms Of pleading.
Mr. TURNER, of Sumner, conceded that we should
have strict regard TO simplicity; but he could not
think the object sought would be attained by the
mode proposed by the gentleman from Henderson.
That bill would have to receive numerous amend
ments, before it could pass this body. Il with
out details and its constructions would be va
rous as the minds of the lawyers practicing under
it. He believed that the original bill would not be
found too long and too complex for uniform prac-
tice With regard to the modification of the statute
of limitations which had been objected TO- he would
not strenuOusly object to removing those provisions
from the bill, which constitute, perhaps the third
part Of the proposition. He hoped the bill in lieu
would not be allowed to pass, and invoked the asss-
lance of gentlemen on both sides for the perfection
of the original bill.
Mr. ST. JOHN gave his views. He desired to 60
Mr. THOMPSON followed in commentator of
the original bill the draft of which he attributed to
hehead of the gentleman from Sumner. He proceeded
at length reply to the objections and the speech Of
yesterday by the gentleman from Madison Mr..
Bullock J He also gave his views Of the principle
upon which the bill proceeded, and would 90 even
further and abolish the Chancery Courts, but that
was impossible-sO difficult was it TO legisate men
lChancelIors, Clerks and Masters, and Attorneys
GeneraI out of Office. It was not prudent to at
tempt too much This what defeated the Law
Reform bill Of the last session; but he alleged his
belief that even the destruction Of the Chancery
Courts would be effected, if this reform put of
till another session. He made earnest appeal
against the sanctions of ancient forms, and in avor
OF those more accOrdant with the simplicity and d.
rectness of our institutions and common sense. He
proceeded to sttae and defend the several provisions
of the original bill; and insist that it provided |
for the exercise of that constitutional right of every
to make pleadings before the courts in his own
case.
Mr. SHREWSBURY replied so far as TO restate the |
provisions of his bill in lieu The object was to
combine the practice Of both the Chancery and the |
Law Courts. The rules of law and practice were |
distinct matters. The statute of limitations was |
stl another distinct matter, and should be made the
subject Of a separate bill
Mr. BULLOCK demanded the yeas and nays on |
the adoption of the bill in lieu, and the being
ordered and taken resulted-yeas SO, nays 8O--as |
follow:
Tsas-Messrs Algee, Anderson, Bate, Benton, |
Bicknel Brazelton, Bullock, Carter Of Carter, |
Carter Of Hardin, Cooper, Davie, Dodson, Dunlap,
Ewing, Cannon, Griffith, Hamilton, Holiness Ivie, |
Kendrick, Keeney, King, Lackey, Lloyd, NeWberu, |
Randolph, ROulstOn, Renshaw, Rowles, Senter, |
Shrewsbury, Williams, White Of Hamilton, White OF /
Knox, Wood, and Yaughn-36
Ndys.-Messrs Bayless, Bentley, Blackburn, /
Bradford, Caldwell, Copeland, Davidson, Dobson, |
Estes Fulton, Harvey, Johnson, Lamb, Lowe, Maris,
Mickey, Newman, Rose, St. John, Saunders, |
Schmittou, Smart, Stovall, Summers, Taylor, /
Thompson, Turner of Roane, Turner of Sumner, /
Wilson, and Speaker DOnesOn-30.
So the bill in lieu was adopted.
ABSENCE.
On motion by Mr. CARTER of Carter, Mr. Roberts
had leave of absence till Thursday.
LAW REFORM.
Mr. ST. JOHN moved to strike out from the bill |
adopted in lieu the provision to give the Circuit |
Courts concurrent jurisdiction with the Chancery