Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1864-09-07
ro, The 4aysrtiser.. /. .
clerks Of Gourss. ..Law. Reform.

years to obtain from tho egislature of our State
the enactmsnt of ailaw authorizing the Clerks Q
Conrts Of Common Pleas to take the tsstimon
of witnss,ss in civil causes, between the terms
Court, or, in legal phraseslogy, ".during vaca
tion,, have been persistent in this matter froI
the belief that such measure would bo gseatl
beneficial both to the people and the bar, in OBJ
tanning for the ore speedy, certain, and economi
cal justice, and in relieving the ether from th
unjust and irrational crininstion 50 frsely lay
ishsd by, the ignorant and uureaecting.
Some of the most eminent Judges in,the Stat
hare highly approved of the project, and nesen
Of them more heartily than the late lamsates
Chancellor wARpIAw:.- But the fate OF tho. 'ap
plicaii0ns, like that Of most measures OF useiu
reform, has been tealed on every occasion, SJ
the judiciary Committee of >ls; General Assem-
bly,, and. our Legislators have INDUCED then
constituents with the; passage Of absurds and nm
constitutional. acts, rather than improve them Oy
Highly beneficial legislation.
have been SO deeply impressed for many ~
years win the value Of such an act thatl oroue0'
the matter to the notice OF tho Grand jury at
Fall Term 1860, and induced presentnent IN
its favor, which may,t te seen hereto suejolnsd.
am disposed on this occasion to bring the sub
jset directly before the People, thst thsys may
advise with their representatives. in The prsmisss,
If the proposition should be deemed worthy Of
their approval. =s1,.e
AS the law now stands We are compelled to ex-
amino witnesses in open Court, save in the ex:
csptiOnsl cases of parties living beyond srsaler
di.tspce than. oue hundred miles from the Court
House,-partiss about to remove from the State
-or aged, sick and -infrm. Many years may
and often do slapse between the Issuing of writ
and the trial of the cause by continuancss, de-,
and important witnessed may:dis in the meantime,
and their testimony, by which perhaps, q cause
is mainly to be supported, thereby.irretrievably
lost. The defect Of system which produces
.uch disastrous results Is obrious to the most
caaual observer. The mccarthy of producing .
witness in open Court, and taking hisse1amina-
tion :" rira voee," is in many instances denial VI
justice; 1t places the power in tho hand, OF
cunning party Plaintiff, whore case has no merit
whatever, to procrastinate 3 trial until Defend
ant is wearied into defeat, or compromise, by
death or absence Of material witnesses, or by
WEAKNESS Of the contest in which he is engaged.
1t enatles-a party Defendant, not, possessed of
any msritorio1s defence, to delay the trial Of q
cause by c0utinuances and other legal machinery,
until TIE cause Of the Plaintiff is destroyed by
tbs loss of material testimony. Can such dis
peusa,ion of jn.tice1e satisfactory 10 the people.
or any other than q farce-a mcrS mockerysof:
justice
But the most annoying Fature Of the present
mode of trial before juries, consists in the ex
psnss to the State, to osuitors, jurors and wit.
nesses generally. COniinuances delay the trial
Of cause from term to term, and net only in
crease the .izs Of the docket at each term Of the
thersty causing the extension Of the sit
.inss of tie Court, delays, iDcenveniences, and
e1psnzes, hut compel all parties interested to at
tend torn after term. exposed to tao annoyance
of leaving home at the most unreasonable periods
Of the year. Tho present system may snd Goes
extend the sitting Of the Court to two weeks,
when the business might, under different rssu-
latiop, be administered in one. 1t is BOT difficult
TO calculate the saving to sailors, aud WITNESSES,
and even to the Judges, by the curtailment Of
the term to one, instead Of two weeks.
The remedy by which prorosstS eOuntcraet
all these evils is sipply the enactment of law
auth orzing CLERKS Of The Court to take the tcsti-
msny Of Witnesses in civil causes, during tho
Internal between the terms ef Court aud immedi;
atsly after tie Issuing Of the writ in al civil
causes. BY the operation of such a law there
never would be any danger Of losirg r0taaIle
testimony. There would DO less chaacS for lido
Lent, OF ienaran. attcrnies to obtain contipuarces
at the expense of the industrious and energetic,
for judges would refuse to grant them except
upon strong and truthful showing, and upon
state of facts which would Lot often exist The
terms Of Courts would he shortened, because tas
business Of each t.rln would be Inishsd at its
proper time, and not continued, and would bs
conducted with promrtness aud despatch. The
personnel attendance Of witnesses in Court, wtuld
be in great measure dispensed With, because
their testimony in writing could be deposited IN
tho Clerks Office, ready to be used upon :he call
Of the cket. Justice would be more S9ually
measured out to parties, because jurors might
carry into their roc the derosi,ons of witnesses,
andthers calmly read and weigh tie testimony,
without trua,ipg to their memories for confused
aad imperfect recollection Of the contradictory
statements of witnesses made upon "rire rOee,
or open Court examination.
These are only some Of Che. advantages to ac-
croe from the proposed change change which,
whist it Gords all;of the benefits Of new sys.
tenn, will retain the privileges Of thsTresent oDe
by still .nowip ths examination Of witnesses in
civil eases in open Court. when either party de-
sires it 1t does not compel any one to adopt The
practice, but only permits him to do so If dis
posed, ito insure the preservation Of bis stcstimony
and the safety Of his claim. Eminent Judges
as ! have cbsvs stated, have'exprcssed their con
victions of the. importance and utility Of suci
an act, and it had only been disfsyorsd BY Judi
ciary Committees, because il vas" an innovation
on the cid fogyisia Of osr legislation" All re
forms arc, Innovations, and it is'a sad oommenta
ry nnon the wisdom of our General Assemble,