, 1859-01-13

uAS JOAl uAAl Ii ul!StlAah oGAA'S
10 the cause ol Law Reform. We have, at !
various times, indicated particulars III which |
the pleadings, evidence aud proceedings in
our Courts, arc utterly ut war with the CON-
mon scnsc aud the progress Of The age. sepa-
rate jurisdiction Of courts OF law md equity
a sy6tem within system, each distinct, indc-
pendent, often iaharmouious and conflicting
q eensclcss, slavish and prcposterous scrrility |
to form, at the peril or sacrifice Of substance,
merit., apd justice coustitutin. our system OF
plealings, and rules O! evidence whish ex-
cludc or suppress truth and justice, all to-
gcthcr, make Our existing legal procedure
complicated dcyice Of subtleties, snaEcs and
craft, an instrumcntality often OF wrong,
generally Of delay, and, always OF expense.
Many Of these hoary abuses and consccrated
shams Of tue law have been jgnominiously
extinguishcd in England even; and, iu many
Of our eis,eu Etatcs most Of them have been
utterly abated as intolerahte nnisanccs. But
these retinemcnta Of moulderea judges, these
inventions Of forgotten lawyers, these !ormu'
las If nameless writer's o1 distant ages md
rude society, still survive III I'LL their grim,
may, and Antiquased barbarity in the courts
Of Illinois. We believe it is time for us to
redeem ourselves from The reproach and folly
Of these useless and mischcyous relics. 1t
may be that 10 very general aud radical in
noyations eau lie established until we huyc
new constitution which shall iuaugurate
different system. But there arc grievances
which the present Legislature may and ought
to tcrminate. It could be done without the
entire Eubrcrsion Of tie system from which
they have grown. Doubtless, there are lib
cral and enlightened lawyers in tue Leglsla-
turc who would themselves MD in striking
down some of the more insupportablc Of
these grievances. By - doing they would
honor Themselves, and incidentally serve
their constituents. LIT US indicate some
changes which would unquestionably put
IN end to somc glaring defects Of the law
and these changes only in pleadings and cvi-
dcnccs. We weull suggcst them for the rur.
pose Of terminating the ascendancy and
importance Of form.
I. Thut special demurrers be abolished,
and defects or error in form he corrected
on motion, and, If not 80 corrected, to
he taken as waived, and that demurrcr* he re-
strlcted to defects Of substance alone.
II. Facilitate and allow amendments liber-
alls. Permit q pleading to be amended by
either party, Of course, before the pleading is
answered, and afterwards by leave Of the
court, Oh payment Of costs Of amendment
alone. The party amending 10 pay otbe1
costs only when the amendment causes della,
during part Of or to another term. Then
provision that no cause shall ke delayed o'
aceount Of m amendment, unless The oppo
site party shall show, by affidavit, tha: be tn
been prejuliced in his preparation for trial b
the amendment.
III. Abolish The doctrine Of r1riant<s, I,
providing that no variance between the ALI
cations in pleading and the proof is to l.
deemed material unlcss it hare actually mi.
led the adverse party to his prejudice j
maintaining his action or defence On th
merits, which facs OF prejudice must be show
to the court on the affidavit Of the party a
legiDg he has been misled. Then authori7
the court, when the variance Is not materla
to direct the fact to be found according to Il
evidence or to permit an immediate a1ncn'
nent.
". Authorize The Court ut any time in j
discretion. and upon such terms ss ii dceu
%" best for tue 1urthcrance Of justice, to strii
out Or add The name Of any party, to CORE,
mistakes, to insert or strike out any mate,I
allegation O. modify 1t 70 conform the plea
ings to the lacts proved.
. These simple changes in the practice wou
nearly reroluionlza, mud for the better, o.
Legal proceedings. They would put IN e,
70 much Of The miserable qalbbling, pctt
Jogging and technicality which to o1ssru
and Disgrace the administration of The III
.- md would wonderfully expedite tle busine
Of The courts
We would also with to .scc;, ae1rnces !,
eqdable grounds, as in the Eagish Cour
:; :, permitted in actions ut 1nw:'. Above Ill;
change In the rules Of evidence il aemandt