, 1859-01-06
Legn1 Reform.

Another Of these small matters'' to which l
| wish to call the attentlon Of our lawmakers at
this time, is the necessity for the passage of IN
act giving to Justices Of the Peace Jurisdiction
in actions Of ofreplerin, in cases where the value
! Of the property in question does not exceed one
hundred dollara Such is the law now in large
number Of the States, and has always been tound
t to be beneficial to the community in ita opera
tions; and ! will venture the assertion, that
wherever Justices Of the Peace hare such juris-
d'c1ion, the roz popula is always in favor of it's
continuance. Indeed, it hl8 always been DUE
| zle to me why our Legislature has not long since
| given Justices Of the Peace Jurisdiction oyer
cases OF thls kind. It cannot be because the
question OF the right to the possession of tan OF
| even one hundred dol1ars' worth of personal
| properly iB Of too sacred character to bo de-
tezmiced in our "iuierior courts'-because in
cur courts OF record that question is one solely
| and exclusively for the jury, and with which ,hs
| "Coutt has nothing whatever to do Neither
can it be because the "RepleEiu 1aw'' is of 50
intricate character that ita administration csu-
| not be Gs safely intrusted to "Justice OF the
| Pence" as to the amnsense legal dcumen Of q
"RecorGer,''
Tl,r reusons why dem the passage Of an act
# this kind Of great importance at this time nc,
| First il would relieve our courts Of record {al-
| ready over hurdend, from tc consideration and
trial Of large number Of petty ''1epleyin suIts'
Thai from time to time eacunler their dockets to
| llt ttIay and Inconvenience of heavier and more
important causes, and thus tend TO promote what
should be- the Object and aim Of all our coorts, the
speedy administration Of Justice, and this would
mt only be the tasdency Ut such an act upon the
aetua! resultin MI this clss OF c,ses The whole
QUESTION being disposed Of and settled in tie
course Gf tcl or fifteen days, whereas at present
it canndt {uudsr ordinary circlmsEances) be got
*'oif the Gockrt" sbo!: Of es iuauy 1aontl.s Ny
second reassn is fl!at it would it would give 4
speedy, easy anil "atta!na1!e'' remedy to Urge
class III comm. nifty that under the present system
have 10 other alternative bat 10 submit 10 what is
really 4 moHstrpus wrong from those who are ca
| pab1c Of taking advantage If the slows defects"
Instances are not u'frequeut where property
known to be ''eSempt is taken Oh seyccution'' or
''u.1acEtnt'u or distress Of rent, 'and often
without my process At all, only bcc:ue the cr ditoT
| Knows that it il impossible tcr the debtor 10
lind bis security, pay his court aud sheriff costs,
aud fec his lawyer, TO prosecute his suit for the
recovery Of biz property IN court Of record.
| And even should he be able 20 to do, that it
will cost him more to recover his property, than
! that property ia worth when recovered, and
| that therefore be will quietly submit to be
stripped Of the pittance the law says shall not,
uader any circumstancca, be taken from him
and his family, rather thin contend for bis just
ri9hts; when the contest involves 90 much time,
end IL SO very expensive. Oar "e1ecutiVe
Law is poor enough ct tho best; il leayes but
little, under any circuustnucc* TO the family of
the debtor; end in this cisy, were it not for the
''sixsy dollars worth Of cthtr property" clause
| in it, it would be entirely useless. Nnw l do
not wish to be understood Gs advocating or con-
| demn!ag the policy Of this or any other e1emp-
ton Law; with that question have at present
nothing TO do; but while we do hare such
low defective though it may bel, tsose for
whose benefit it was passed should, ia all fair.
ness, have that benefit, and the remedy for the
violation Of any of its provisions should be
speedy, uod, SO far aB costa nre concerned.
within the reach Of tho poorest and the
humb!cst- That is evidently not the case now;
for, in addition to TIE time spent in witt
ing, The fees paid to the court aud its off.
| GERS. the suitor is "per force" obliged to
employ m attorney, aud no attorney can afford
| to prosecute g "replevin suit y in Que Of our
courts Of record for less than twenty dollars, no
matter how small the Falne Of the property mny
| be. Therefore. if the value of the property is
small. no matter Whit the debtors rtyA!s may
! be, would make money" to submit peuceabIy,
pocket his wrongs, and "keep out of the law
Nov, it cannot be seid that thin - Extended Ju-
rlsdict!on y would give any undue o. unfair ad-
vnntage to :tle debtor, for it is as much to the
interest Of the man who aeeks to snake bis
money" out Of his debtors property to have the
"queston Of rights speedily and cAeaply SET.
tied as it is the debtors. have none ot that
Nnd Of philanthropy that would pro:tct the
debtor merely because he vas in debt All
waat is that the laws she'll BE- 80 framed thut
they may be cheoply and speedily Administered,
und THAT the remedies given mey be within the
reach Of oil. LRx Loci.