The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1870-04-24

z. ?
The Now Codc---An Absuraiiy and or,
~ 3s % Abortlon. 4~t -
Tho legal Ola Podrida, called the
.'Code," Hhioh is bringing about the
direst confusion throughout the State, is
practical illustration Of the absurdity
Of attempting to force upon one State
fhat which may answer very we'll for an
other: That is to say, New York law and
practice for South Carolina.
Senator Corbin having determined to
rid himself and others, in like situa-
ton, of the pleadinga and practice in
this State, (of which he is supremely ig-
norant, and Which, perhaps, he never
conid have understood has culled here
and there, from the New York laws, GER
tain forms more fit for the practice of
the magistrates and inferior courts, Ito
Whloh, IN all probability. his practice had
Deen exclusively confned.) with the in
tention OF applying them to South Caro-
lima.
The folly of such an undertaking is
already apparent. Instead of simplify
ing the practice, the code of over 100
pages, passed ut enormous cost to the
State, renders it decidedly more complex,
more uncertain, more expensive, and
more indefinite. Instead of two papers.
to institute an action, the number re-
CURED now is at least four, accompanied
In most instances by bond, in such a
penalty aud so conditioned, as tc pro-
clnde the possibility of its execution by
poor man.
For example, farmer in moderate
circumstances (as the great majority of
them now are) owns but one horse, with
which he has commenced his crop. A.,
b.. or c., takes possession of the ani-
NAL, and in order to institute suit for
tue recovery, the owner must enter into
bond in penalty Of double tie value
of the chattel, with good surety, to be
approved by the sheriff, before he can
proceed with the action. Now in this
simple matter, are many apparent and
gross mistakes in regard to the condition
OF our people. First, it is well known,
in the impoverished condition of the
Southern country, that such an under
taking as bond with surety, is next TO
an impossibility; in fact, that our most
responsible men dare not ask their neigh
'Oors to sign any paper whatever as
surety, and that q poor man, in the case
above stited. is actually denied Justice.
by reason OF his inability to comply with
the requirements of the Code. In the
second place. the costs are nearly five
times rs much as heretofore Indeed,
the costs upon sum. pro. before the
passage of the Code, scarcely ever ex-
ceeded ten dollars; now the amount is
seldom less than fifty. Thirdly. the
whole of the proceedings, had before
Inferior and Circuit Courts, are required
TO be printed before the appellant can
have his cause docketed in the Supreme
Court. thereby entailing suoh expense
as to deter tho needy from this last re-
sort or court Of justice.
Why. then, this change? It tends
neither to simplify legal practice, nor to
assist that very class of the community
which the radical party pretend to love
and protect. The negro, now freed
man, and invested with all civil and legal
rights, is nevertheless poor, and how lie
ID to assert those rights under this ex-
pensivce, complex and exigeant code, is
beyond our apprehension. Besides
this, the delay necessarily attendant and
consequent npon the service (by the re-
spectivo officers of the court, whose
name is legion) of the numerous papers.
bonds. notices. &C., reminds us forcibly
OF portion of Hnmlet's soliloqny, here
tofore not fully understood by us-.'the
laws delay" Moreover, wherever this
modern Solon attempts to alter the
phraseology of any law or statute. from
which he copies, and to apply the same
to this State, he commits the most
egregions blundera. Through such acts,
it might be truly said, you can drive q
six-horse team ut full gallop.
We have neither time nor inclination.
at present, to notice further this abor-
tion in the shape of code. Indeed, we
are satisfied that the freedmen them
selves will soon see the folly thereof, and
force its repeal ut the earliest possible
moment. -EGge5ield Advertiser.
SUDDEN DEATH An old colored man.
named Rritton J.nkips ottondaa ohn.t