The weekly North-Carolina standard. [volume] (Raleigh, N.C.) 186?-1869, 1868-12-23
The Code Of Civil PROCEDURE


upon this subject, which the Sentinel, with
Its usual want of accuracy, says was called
at the request of the Code Commission, was
respectable in every way, except in point of
numbers. There were present two Judges
of the Superior Courts (Cloud and Mitchell)
a few of the senior, and very few of the
younger members ofthe bar.
The principal changes which the venerable
gentlemen who complained of the Code de-
sired to make were, "Fg SO i,af st''e'
/. That all writs should be rcturnable
only in term time; that no pleas should be
put in except in term time; that the Court
should decide nothing except in term time.
2. That the Judge should be relieved of
the trouble of deciding any thing but in
term time. afifss ID ss fagy 81 All
Certainly these objections go to the very
heart of the new system; if they prevail
nothing remains oft worth talking about;
the complaints of the profession, and the in.
dignation Of the people, against the un-
certainty, delay and cost, of the old system
of administering justice, will have produced
the most contemplate of fruits; SO pitiful
an abortion will not have been produced,
since that memorable day, when in the face
of an assembled nation, the mountain
brought forth a mouse. 81 s,fn.ll
There were three great objections to the
old system: otlH 80
1. A repetition Of trials at immense cost.
O. That nothing could be done except at
regular term of Court; producing in
tcrminable and heart breaking delay; when
the business of the Courts accumulated, as
it had done in almost every county. civil
actions could not he tried at all, and the
delay amounted to an absolute denial of
justice.
8. The immense costs, principally of in
terest, of no profit to any one, which the
continuance OF causes from term to term
produced, making the costs more important
than the original subject of the suit, and
bankrupting the unfortunate loser.
These evils were attended 10y other con-
comitcnt ones, on which it is not necessary
now to dilate. The Convention undertook
to cure them all, and it did so by declaring
"that the Courts should be alaoays open for
the transaction Of all business trcept trials by
jury" --s[.. .,.... .... .,.. p il,..o.
This was the remedy which Convention
of an awakened people, dealt out to those,
long denied hearing to their complaints.
Precious lines of a noble record Happily
they stand an insuperaJle barrier to q return
to the old system.
In what sense can the mandate of the
Constitution be fulfilled; 6 that the Courts
shall he always open &c." if sutton can.
not have his complaint put at issue-cannot
have trial of any collateral matter of
pleading; cannot have a trial of any issue
of law, except on certain fortnight once in
six months, when there will almost surely
be such an accumulation of business, that
the chances are ten to one, that though he
may go to all the expense of a hearing he
can not he heard2 When the Constitution
says the Courts shall he always open
\ &c." for the Legislature to say they shall
be open only for two weeks in six months,
would be as plain and palpable violation
of it as can be conceived. 1t was no acct
dental phrase in the Constitution, it meant
the great reform which it will produce, if
the people, and the peoples Representatives,
will support it in its spirit.
We do not belong to the profession of
the law, but we have received from some
who do, what we doubt not is a faithful
picture of the administration of justice in
the olden slip shod time. A judge after
Wheeling out an asthmatic existence for two
or three months, in a state of vacuity and
Incidence that made the slightest intellectual
labor appalling, would start off to hold a
Court in some distant part of the State
The first day or two would he occupied by
delivering to the grand jury, a long and
elaborate dissertation, Copied from Judge
Taylor on all sorts of common, uncommon
and barely possible crimes. with infinite cred
it of course. from all who did not know how
hollow such an appearance OF eruditior
really was, lie would then piddle away foul
or five days more, in doing over few
misdemeanors, which live Justice of thu
81 Peace, or Mayor of City, would have
tried just as we'll in as many hours; thi
longest and most elaborate testimony ant
arguments were patiently heard, on til,
question whether the man who struck Billy
Patterson should be fined five cents o
fifteen cents, and finally when the STATE
docket was got through, as even SLOW
race must at last be finished, the iudg
would discover Gf his home was any wher,
near) that it was very important to warn
his toes at the domestic hearth. Wo t.
the imprudent lawyer! ten times wo t
the insolent chent, who dared humbly t.
hint that he had little suit about his hous,
and home, involving merely the head of hi
family that it would greatly crafty hin
if his honor would kindly please to sta,
and try. that the witnesses were numerou
J and all in attendance, as they had been 70
- the last ten or fifteen terms, that he ha,
spent in paying them already, nearly tn
original value of the claim, &C., &c. Tha
case might be tried. but the party tina
( brought it to trial aeas surelg 5eate, OF