The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1873-01-15
EIGHT DOLLARS A YEAR.


people.
ote below only few OF the many palpab'e
defects OF this code, as adopted and pfnted:
]. There are numerous clerical errors, such as
words omitted. proper change not made and the
wroDg sections referred to.
q. The COSTS which are provided for are enor.
mously laT2e aud. In the PROBATE Court, they
actually consume small estates TO satisfy ih'n.
8. The Limitation OF acrions ts, In most cases,
BOT sufficiently restricted; for instance, twenty
years awe se possession Is necessary TO Give ono
good title to land.
Too many notices are required in the conduct
OF actions
6: The preparation OF appeals is too Intricate
and laoorlols.
9. The lien Of judgments is so restricted that 9
creditor can extend Indulgence to his debtor only
at his own peril.
T. The cole establishes In this State the pro.
bate law OF Massachusetts, without incorporatn
the statutes Of Mass ichdsssts 10 give 1t efficiency.
8. he whole system OF appeals from th. courts
OF trial Justices ls involved In ooscurlty;
9. The demurrer to complaint. as therein re-
quIred, that "do not state facts sufficient 70
constitute cause OF action, u Is, 10 most cases
trap to cato the un airy, and as whole, Is
nlscnievous contrlvance.
10. The effect OF decisions by referees ig not
well dehned. nor their legal force stated. a.,
II. rhe whole sss'em OF referees IL unneees.
sary, and amounts Only to an experimental
to pay their money.
IL. The cases IN which appeals may be taken
are TOO limited.
Is. The costs attending appeals are so great ss
his right to appeal.
IA. While it follows the Now York Code gener-
ally, 1t 80 far dlverges from It as seriously 70 I'M
pair the efficiency OF the portions retained; there
be Dg numerous omissions OF provisions whiou
are necessary TO make our code complete whole,
as Is It's profes ed prototype.
is. Numerous amendments to tho code have al.
ready been made and should be intelgently EN-.
m I'D m N honorable
bodies to retain Il IN use 10 our courts.
TIE glarlng faulIs Of comEll ,sion: aud omission
that mar the general harmony and uselolness OF
the 'oode OF Procedure" are 1tly suopl. mented
by the "Revised statutes" OF the state, which
form In the main, large bundle OF legal tncon-
gruIties and conrct VII b the plal lest provisions
OF our state constitution.
Iinstanos, as an illustration OF pslpable vio-
latiOn OF q constitutional provision, which is an
esse tial safeguard Tor the rights OF citizen &c.
cu,ed OF any offence before the law, the follow.
ing from ~. 81 a Ss
upon thegroupd OF variance between the In
dlctment and the proof, or upon an exception TO
the form or substance OF the Indictment. he may
tried anG convicted for the same offence, notWtth.
standing sucn former acquittal.n
This Is IN direct conflict with the State constitu.
ton. which declares. in article lst, section ls, ho
per-on. after having been once acquitted Dy 9
jlry, shall again or 'he same offence be put ID
Jeopardy OF his life or liberty.n
These statutes contain much that LII redqnaant
and long since properly obsolete, and much that
present advanced stage OF civil i2ation. ... .
For axamrle, according 10 chapter ~. mar-
rage In public church between persons OF law.
ful age freely oonsentiog thereto, and celeoraea q
In due religious firm, is NOS 20 be cons dered law
full unless followed by an acc which ls usually im-
possible OF judicial proof.
Id-ern il proper siso TO call yonr attention TO
the fact that the General Assembly OF lS1lCI1
"a N ti,un afi0Ns
tlon of sections 10 aud S3, Chapter IL, OF jtee
Geuer, !, Statutes, as revised, by the provisions OF
which sections changes have oecn mace I'M tne
legal darie5 OF c3rtaiu counties IN the St8te.
rue General Assembly have no power 70 cnange
the boundaries Of these eouoties. Their bounds-
nv lines mus remain as theg were when the Con.
stltiiun OF the State Was adopted, all changes
In them nsinx expressly 10 ss,,an ~ e s sra
"rhe judicial districts shall hereafter be desig-
mated as counties, and the boundaries OF mo sew
eral counties shall remain as they are now eatao-
lished, except the County OF Plckens."
A prOviso iu the same section authorizes taa
General Assembly to organize new counties Dy
changing he boundaries OF any OF fne oid .enas:
prov son, not beiog Incident TO tne ofgaoiaaslon
In Sccordance with the wishes Of the people on
this lnportanJ subject, nf which am reminded
ny the daily receipt OF letters from ali par OF the
slate, recomm tnd that the General Assembly
provide oy Jaw for The appointnent OF three per
sons ..learned In the law" whose duty u sn6u pg
TO revise and simp !fy ths Code OF Procedure and
Ihe General Statu, es. and to renner them more u
accord with the peculiar needs OF our people tnan
they are at present. ! recommend tnat !cr tao
,ymeut OF Tn. salaries or these commission 'rn.
and for The liquidation OF tne contngeas
at. enIaut upJn the performance VI thelr Wotk'
the sum OF fifteen thousand dollars ba appropfie-
tsd; Provided That their laoors Dc tG,ly compie'
ted, anu q epurt thereof made 20 the General AZ
HI lin frnn
Tie costs attendant upon the administration Of
Justice. as between mau and man, arc simply
enormous under our presenr Zee Dill, SEo are
r.pl.Ily conveying the erroneous Impression that
under our boasted form or Resub loan govern.
mens the poverty Of our people has been enarsy
forgotten.
INV request, by Mr. James A. Dunba', the en-
Oh mt assistant in the o1lce OF tho attorney-gena.
raj quote The following:
"Under the old system In aiG oIdlnasy sSu9ns eos
where the amount sued f1r exceeded $8s I the
ta1eJ costa up TO judgment anc execution MeSo
Sll; when the cases were ilttgated these Sosts
amo nted to not less than SIG, and seldom moro
than $40.
costs did not ordinarily exceed 93.
s.Under the code, In ordiDsry acuons, Wnete
the amount sued for is 500, or more, the sa1ea
COSTS amount tn between $a5 and $40. up TO trial,
aud after trial from 500 10 $40, a. tue case may
be. To say that the COSTS under the code are
from three 70 tnree and half times as great, Al
tney were under the old system, is TO express tpo
ratio uf increase In moderaIe terms.
"Upon the subject OF appeal, tne code requires
the appellant to give on Undertaking IN ooupie
the amount OF the decree, or jnigmen. appeaeo
from. This seems to be 8 hirsn proVlsloa ot e1o
code, for this reason: while the appellant, ID
nearly every case could readily ontain an unoet.
taking to indemnify the appellee for any damage
ne might sustain Dy reason OF suca appeal, Las
undertaking required oy the code makes tno
suretls, OF the appellant responsible ior Inc ente
in-tunces rendering IL utterly impossible Tor tne
party desl. ing t. appeal to procure the required
bond. rhe result OF tnis H. that many caaes oi
appeal from unjust and illegal DEGREES ana )oos-
mems are abandoned 80 .,. re~~
FOR the projection OF the rlgnts OF t1s-foSt
man. VINO should be especially cared Ior oy tne
SLate I recommend that an act be passed pro-
yininr for the bringing before The cour OF clvll
antinns in forma paup iri5-Ihat IL, when sultor
IL really unable, by reason OF bis poverty, 70 pay
costs beforehand, or TO enter iuto oond !or tne
payment of the same, snould ne be "cas" IN tae
artidayiL before the proper o1icer OF the court.
tnat such poverty renders hun unable e.tnor 70
nav costs beforehand or to give BOND LOT tno pay
ment thereof.
Encouragement to Manufactures.
IL ia q matter or vital aud gr0wiog importance
rhat the General Assembly should encourage ano
6,.ter Lbe establish nenL OF ali casS-s OF usetul
maUufectories In the state. Fspecialy IL o.
.euii.l to our material prosperity taat tae many
| facture Of cotton goods among us snouio w
| speedily and largely increased.
the more varied the industries Of peoplc G1'
the more gene al Is their prosperity; by a,
yersiCy OF Occup atoms all kinds OF por.suppy
are utilized, and thus employrnent ~ ssen so w
thousands Of med, Womea aad a n onV ssnef,onj