, 1873-01-25
HURD.S REVISION.
Part Second.



ed. another partial list Of defects and omissions
which have been observed in the eo-called :. re-.
vision Of 1872. That revision was first publish
ed in May. 1t soon became subject Of criti~
cism, and from tmo to time; in various public
prints, one after another OF it's numerous imper-
fections was exposed and discussed.
Before long it came to be- known, all over the
State, that these scattering criticisms we're
but the indications Of strong condemnation
which the profession, both on the bench and at
the bar, had pronounced upon the "work." So
we'll WIS this conclusion undsrstood, and so
thoroughly has it bean respected, that, up to
this hour, no man (savo the, reYiser himsel) has
had the courage to como forward In print over
his own name, and. avow himself its friend aud
advocate. Two or three anonymous and i1Te-
sponsible writer's have been its only champions.
The First Part Of thus review was published about
the middle Of October, and then the .reviser
who, up to that time, had preserved an ominous
slence-cana forward with his defence It is q
long and 1abored document and probably has
been widely read. As reply to the points
which have been made against his revision, it is
signal failure; as an accumulation Of epithots
against his reviewer, it is q remarkable success.
Ono thing, however; is settled; No amount of
personal abuse will be sufficient to divert this
discussion from the only subject wherein the
public hare any fnterest-the inertia OF the re-
vision 10 that important inquiry the attention
Of the reader ia now invited
There is now no law to authorize q defendant
who has been sued to make a tonder Of tho
amount actually due and stop the costs. Tho
old law. simple and explicit. had been in
force: for many years, end worked admirably.
Statutes, vol l, P SIG, 81. But it has
been expressly repealed. Statutes, vol 2, p. 29a,
S177.>~ -
There is no law requiring Clerks OF Courts to
keep 4 book Of fees, showing by items the costs
accruing In eacl, Particular suit, by whom rnede,
ae e sataep ao SS q Inns bssa
expressly ropealcd. Statutes, vol. Z, p. 293, s
1T. That provision in the now act referring
to fee-books is entirely different thing in its
acope and purpose, as may be seen npon e1-
animation. statutes, vol. 9, P. 1s4, 1s2:
bill Of costs with each execution; but he may
collect his costa without keeping any record Of
the items. The old low on this aaject lstatutes,
vol: !, ?: So, s. s. and, 57: has been nao ex-
III. The came 'tepsl also, takes away. the
penalties which tho former lawimposod for dis
obedience OF it's requirements
So also TINT portion OF the old law which made
the fee-booke Of the clerla part Of tho record.
Statutes. vol. i, p. .515, $ IS, It il expEesa-
~ repealed by the revision (Statutes, vol 2, p.
293, ; IT'D and not re-enacted4
Interpreters shall be Rworn truly to inter-
pret when necessary" This was the language
Of the law as long ego as when: Illinois was
the Jones revision Of 1907. In each succeeding
revision it has been ro-onacted without tic
change OF word. But the reyisor Of 1872 could
not let it alone. He takes it from Practice
cI.A1- II
stood andisturbod Tor m m near tl9sse-qaarters Of
century, and carries it to Evidence and Deposi-
hons. There he locates it undera sub-head,-
"Psrpetuatng Testimony, and alters it to
read. as follows: Interpreters may be
essary in taking depositiona." That il,
dispositions required in ''porpetuating tostimo-
n.y." Statutes, vol. 2, P. 1865, 93. No other
section in Hurd's revision refers to interpreters.
The consequences Of this blunder aro very seri-
ous. No oral testimony OF any character, III any
civil criminal case, can now be received through
au interpreter. Because it must be observed
that in ali cases Of repeal Of old laws which are
not afterwards re-enactel, the omission to re-
that arising where no such Law has ever existed
For then tho power to swear AZ interpreter might
perhaps, ba inferred from the general powers Of
tho Court But by repealing cnd not re-enact-
ing, the Legislature makos the positive declara-
ton that though such was the law once it is not
the law nov. And hence, powera which might
have been inferred in the absence Of any law,
are thus afRr1natyoly denied.
The revised garnishment act is 80 worded I
{statutes, vol. 2 P. 1s3, 1a) that if tho gar
claimants right rests, the claimant cannot |
prove theml He is only permitted to appear
aud provo such facts as are "not stated nor |
denied By the garnishoe." This il q fair sample
Of the ability Of tho revisor to prepare now
legislation
Formerly, the Law respecting the exemption |!
Of personal properly from execution, etc., al I
lowed to g mechanic his tools, "not exceeding
s1oo IN value and to professional man big
800 in value" Statutes, vol i; P. 3s4, !
80, clause !. This was Just and equal. But our I
regiHer has riod his improving hand, and ''re-
writes" the law. Tho result ia that 9 "pro4es- |
sional nan"- whatever that may be held to in
If $100 more than any other person. Statutes, |
To1 e p. 226 n 13, II, and Is. The last Of these
sections is new, aud provides that il the debtor
las not my Of the specific articles, ho nny se- |
structions must be- adopted either that tho
professional man ia to havo more exemption
han others, or that every debtor is entitled
g slco IN other property, in plaoc Of the i'm
elements or library" Of . professional man
which be does not have. How il it.?
And while this law is before US, suppose ne
Examine and see how large an amount OF per- /
'onal property can be held exempt by debtor,
ludor usual and ordinary circumstances. Lot
lie family consist Of tho debtor, his wife, aud
ITO children. Say that the fa1nilyis not keeping |
louse but boarding, and therefore the debtor
las none Of the specified articles which tho low !
flows him by name Lookat the List Of t
'ERsoyA1 PROPERTY EXEMPT USpI.n THE REVISED
Laws OF 1LItSo1s: FAMILY or FOUR PERSONS.
I. Necessary wearing apparel. I
II. sowing machine.
Z Tho cheapest Il worth {ssy>...........$ G5.00
H. Furniture, tools and implements.
Amount liked By Law. 1OUpU
~. Professional library C)
Amount fixed by law. 1c0c6
Y. Materials and stock.
= Amount fixed by faw. w......-...-....-. 10000
:. VI. Neceasary beds, bedsteada and bedding.
Two beds Ut 80 each. ...,...-..xl0
Two hcdsteads at sl0 each.... A.00
Bidding for two beds at SO
=. eacA. 200V |
':- - 5000
VII. Two stoyee and pipe.
oas family cook stove. .$30.03
One henttng store-.-.....,.... 1880
Pipe At s. for each ..-........, .C.Go
VIII. Household furniture.
Amount fixed by law.......... 10000
! IL. 0aa COW and two hog5.