The morning star and Catholic messenger. [volume] (New Orleans [La.]) 1868-1881, 1870-07-17
Costs.

| Va Wi SoeCAupOIbI1C6 SOME GAYS since
published tax bill, in which an original
amount, of perhaps ten dollars, had swollen.
by means of advertisements, etc., to sone-
where near one hundred. As outrageous
as this is, it is BY no means an exception.
One has but to visit the sherff's Office and
ask for look at the tax bills to see thou
sands of such instances. Nearly every
small suit in a Justices court will furaish a
similar one.
Suit is brought against poor man or
woman for say five dollars, Judgment is
obtained, and some property seized. If the
seizure has been made in the first instance.
and the suit drags out through an appeal,
very often the constable's bill of costdfor
storage amounts to a great deal more than
the property sells for. At any rate, there
is an enormous bill for printing the adyer-s
tisemeat Of sale, amounting to pefhaps i've
or even ten times as much az the debt %
be paid. That is to say, the plaintiff must
be paid the five dollars for which he sued.
and the printer must be paid twenty or
thirty dollars for advertising the sale.
Now we will ask what is intended to be
the use of this advertisement Simply to
benefit the defendant by causing his pro-
perty to sell higher than it would do other
wise. This is the theory, but how is it
borne out in practice where the cost of adj
vertisement amounts to more than the
debit
The manner in which constable's costs
run up where the claim is small ia eauallv
absurd, and amount generally to a denial
OF justice, for it is principally very poor
people who have such suits to bring.
servant is defrauded of three or four dol
lars at the end of the month, or a laborer
OF as much at the end of week, and in
nine cases out of ten each will submit to
the loss from inability to enforce his rights.
4 ee these persons can as badly afford to
lose small sums as rich people can large
ones. Why should Justice be denied them
ana even though litigapts be rich, why
snouid the expenses of suit be absurdly in
contrast with the amount involyedq IT
may be said that this will repress LITIGATION.
The object Of law, however, is not To re.
press just litigation but to reward it with
success.
The remedy of these evils appears to be
very SIMPLE. First, justices of the peace
ought to be salaried officers, like all other
judges, and, secondly, newspaper adver-
Using ought to be done away with for their
courts. 1t would be easy to give publicity
enough to sales by forcing the constable to
have fixed hour and place for making
them. This would ensure larger attend
ance than any amount of advertising, while
parties In interest could be sufficiently
notified by announcements written and
posted.
OF all the expressions, wrongs and ex-
'ortions that exist in any civilized country
We are satisfied that none can exceed. or
perhaps equal, in proportion the scandalous
expense attendant upon small litigation in
'ur courts. The amount may not be verv
treat in itself, but relatively to the interest
involved in it is enormous. Our Coming
legislature might occupy some of its yaiu-
'ble time quite advantageously by amend
ng the existing law SO as to remedy this
lisgraceful abuse. 49,