New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-01-21
LEGAL REFORM.

| -
| consequence of the enormous abuses that
now exist, ought to receive the prompt
attention Of our Legislature. The Code
of Practice which now prevails does not
| appear to be sufficiently comprehensive IN
relation to the details that enable suitors
to obtain speedy and prompt action from
| the courts wherein they seek redress.
It is crying evil that there is no reg
rldr OF we'll defined moderate rate OF
charges for services in orr courts. Serious
objections have been urged against the
present Code OF Practice and Civil Code,
and majority Of the members OF the bar
Of this city consider that there should be
a change made in the system OF practice
pertaining to the conduct Of suits IN the
courts OF this State. According to the
present arrangement there is very little. if
any chance, afforded to poor s1:i:ors against
the more wealthy wrong-doers. to obtain
that re dres which they should have for
any injustice which may have been done
this. attorneys and counsel have little
knowledge o: what becomes OF the docu-
men.s connected with their cases eS-
cept from information derive! ::on
the clerks Of the court in which the suit
nay have been instituted. IN New FORK
and other States al the Documents,
papers ana notices connected with
cause are carefully prepared. and copies
are kept II the Office OF the attorney and
counsel in whose hands case may have
been placed for prosecution CT defense.
In this way the counsel is enabled to
study Up and prepare his case. before it is
presented to {: judge for adjudication.
The evidence IS also We'll considered
and arranged in order. before the adTo-
cate appears IL court TO try the cause be-
fore a court or jury. There is no use for
clerk, except to tie the papers or judg-
ments IN :. cause before . particular
court, and .oc these services he receives
the fees usually fixed by law.
The Sheriff. may or may not be REQUIRED
to serve the summons and complaint, Or
citation and petition, as they are called
here. Ill the necessary rrelim.na,ies.
from the commencement OF a suit 70 the
trial Of G. cause, are conducted Under the
eye and supervision Of the lawyer en-
ployed 70 prosecute the cause, and his
Office is the place from which al! necessary
notices and papers emanate.
There IS nothing dependan: upon
the whin G. caprice O: clerk OF {. court.
and for which he is 70 receive ices ae-
cordins 70 the system il vogue here.
The c!erl. q 6. cour: under me New
YORK system has no power % call
npon >u.tor io- deposit. as
the lawyer IL !. given case does he work.
eithes by himself OF his clerks. :or which.
according 20 a Ihera! fee bill, lie receives
compensation: ty a recovery from the
party mllc:ed, and added to the Judgment
which may be rendered in the case. n q.
: majority Of eases. . liberal allowance j.
granted by ne court or Judge before
whom a cause IS :.ied, III addition 70 the
costs. which. with the latter. makes q far
; and reasonable compensation: :oI the
services rendered.
/: lis sad that here clerks o; courts often
! tines impede the business OF s7..:ors b: q.
refusal 20 perform some trivial C-.y con-
! necte9 viii. TIE cause. fo. tie want o.
funds O. :. deposit. ";tho'.: informing
: the attorney n the case, which O. en:i.nes
unnecessarily delays the interests O. par
ties who desire :. speedy determination
! Thereof. according TO the system Of con
duc:irc c.ses as regulated By th. Kew
York Code {. Practice. there is nothing
loose and 1.2defnei IL the preparation 0:
! pleatl.nss, or .nterlocu:ory motions OF
! proceedings, as IS the case under the sys-
tenn which prevails here. All the papers.
such as complaints. answers. aitid.Eits.
motions an! documents o; every nature.
contain al tie facts. clearly and specific
ally Sc: forth, from which the court 0;
Judge is enabled to CLEAN the t~re nature
Or state of the case upon whic,rit is called
to determine and ad;udicate. The cases
, OR bills Q: exceptions are made
W. By the s.enosrapae:. who
takes accurate minutes OF testimony
and all. tie points. rulings. speeches and
charges or prose c'1tions Of law which the
Judge is requested to charge. SO that there
need not be any error o: statement IRON
the beginning to the end. Of trial at MS
.i.c. The proceedings supplementary
70 execution 70. tie discovery O.. C. deb.
or's property, '!rder the New York plac
tee, is far more .uumery and searching
FOX The collection OF judgments than tex
garnisloe process Is here. ~ respect t.
the former method. the examination i
personal and T!nGe. oath. while under Ii,
system. here there IS very li.t.e. il any
hope OF recover. e the debtor makes {
fraudulen. disposition o: his property
intending 70 ciea. a., creditors.
! The loose anG imperfect manner tina
pertains to :he ,:e:2aration OF rules. a
they are called, 10Y the trial Of oll motion
and Other :nter,osr.o:y proceedings Incl
dental 20 causes i. al the courts OF til.
State. lead to :rivo'ity and irre!evanc,
that often .,..:2e . ..u:culous..si ~
worthy -. solemn consideration Of
court. CT this a;2sur;lits o. practice. tha