Weekly Trinity journal., 1860-07-14
loose Ecgis'atiou.
WEAVER CREEK. July ., 1860.

WEAVER CREEK, July ,, lSbO'
EDIroR JOURNAL In examining the Statutes
of 1850, one Is forcibly impressed with the fact
of the very basty and vague law-making Of the
last session Of the Legislature. They abound in
errors; important laws. instead of being worded
with care, and written so plain and unmstokaby
clear and Ineligible that a man of ordinary
understanding could tell what was intended, are
so vaguely expressed that even men learned in
the law utterly fail to interpret their meaning
In the Act regulating proceedings in civil ca
ses, we find that the law reads" There shall be
10 action for the recovery Of any debt or the
enforcement Of any right secured by mortgage
upon real Or personal property" etc. The whole
Act taken together-under the rule OF construc-
tion Of statutes-and substituting the words
"but one in place Of 8" action we have the
meaning of the Legislature as intended to have
been expressed. At least this is the only reason
able view to be taken Of it, Otherwise should
the law be taken as literally expressed, it would
of course be void, because unconstitutional in
somuch as no law can be passed impairing the
obligation of contract.
1t is thought that the Legislature did intend
the law just as it reads, and that it will have to
be so taken until repealed, Or rendered ineGectu-
al by decision of the Supreme Court. Under
the former practice a mortgagee had his remedy,
both by foreclosure and by action of debt, and
could institute either, or both. Substituting the
words but one action in place OF no action, .
tbo .tv 10 oil, C,r,
sure only. This would seem to be what was
intended. But the trouble. delay and litigation
TO parties Interested, is injurious we'll as eX-
pensvc-all the result Of hasty imperfect legis-
lation
Again. in the Rcvcnuc Law. there are contra
dictons and unceI tainties which, had the bill
been drawn up with the proper care and skill
bestowed even on ordinary business matters,
would not exist
And there is a law in the statutes which never
passed but one branch Of the Legislature. I am
reminded that there existed the same uncertainty
about law of 50. and known as the " HOG
Law = that we were Informed publicly from the
best authority that there was no such law appl
cable to this county ; that there was such a law
passed, but by some means it failed to receive
me Signature of the Governor. but yet being in
the statutes, we, the citizens, directly interested
rely upon that as the best evidence that thcre.is
such a law which reStrains hogs from running at
large notwithstanding we were informed from
the capitol that our hogs might roam a large
"hthersoevcr they list" O quote the language
OF our late Representatives, Now if such loose
ness exists in our system Of legislation, where,
ask is the guarantee for our safety? Such prac-
tees inict serious injury. and whether the result
OF gross carelessncss or incompctency it opens
up way of harassing the people, and might de-
feat or establish any Kind Of law that designing
men should see fit to make.
Whether such thing gs result from gross ncgli-
gehce incompetency. or design, it is high time
we had different legislation. JusrTM.
PIoCs OLD SEDCCER.-The London Post Of
May 18th contains an account of the trial and
condemnation of a Catholic Priest, at Turin, for
thirty-three cases Of seduction.