, 1874-12-15
BUNGLINQ LEGISLATION,

4 fno specimen Of bunglng legislation is
furnished III Sec. q Of Chap. G9 Of HunD's
Statutes, relating to injunctions. 1t is proper
to soy, however, that Mr.. HunD is not re-
sponsiblo for the botch-work to Which VIC ro-
fer. Tho Supreme Court had hold that an
appeal upon bill fled for Oh injunction did
not Of itself operate to continue tic iniuuc-
tion. Accordingly, tho Legislature attempted
to remedy tho difficulty, and by the section
referred TO provided that no appeal from
decroo dissolying mn injunction should have
the elect to continue in forco tho injunction
unless the appeal was praycd for at tho en-
toring Of tho decree. And tho Court allow
ing tho sumo should so order; or, un-
less tho party praying the appeal
should, within ton days after The
appta! is allolota, procure from tho Supreme
Court if in session, or Judge thereof if in
vacation, I'M order directing tint the appeal
should have the effect to continue such in
junction in force, and that no such order
shall be granted except for good cause ap-
pearing tn tho record.
Tho clun1sincgB and the absllrdity of this
statute becomes apparent when it is remenl-
bercd that 1t is frequently utterly impossible
to procure record within ten days utter tho
appeal is alo,oea. The appeal is prayed for
and a2lo,ced at tho time of the rendition of the
decree. Timo is then given to file tho appeal
bond and tho bill Of exceptions, usually
from thirty to sixty days The up.
peal is not perfected until the bond
is filed, mud tho record cannot bo made up
until nftor tho bond aud bill Of exceptions
arc both flod and allowed, and then they are
both copied into tho record. Tho applica-
ton to the Supreme Court, or Judge thero-
of lii vacation, must bo based upon the rec
ord, ind, although the appellant may DO a1-
lowed sixty days from tho time the appeal is
allowed in which to tlle lis bill of exceptions
and bond, he is required by this laundering
statute to make his application, and this, too
upon tho record, for q continuance of the
injunction ten days aftertho appeal is allowed,
and tifty days before Ito is required to tllo tho
papers from which the record is made. But
tho statute provides that tho Supreme Court,
or Judge thereof, may, for good cause, es-
tend tho timo for procuring such order.
Until the appeal is perfected, thero is
nothing upon which that Court eau act.
The causo is not before them. It is
still polding in tho Court below, and it ia
well settled TINT Judge Of tho Supreme
Court cannot grant III injunction in u causo
pending in the Circuit Tho application for
nj extension should be malo betore tho ten
days llnvs elapsed, for the Court would hest
tate before cxtouding time which had already
expired. 1t may bo, urged Tilt, after tho MP
peal is perfected, the Judge in vacation may
grant the injunction as MI original process IN
that Court, but it is q worry serious question
whether tho section quoted does not limit
tho powers of Il Judge i'll vacation to tho par
ticulnr cases therein mentioned, md thuu
loave tho appellant entirely without remedy.
All trouble would hayo been avoided bud
tho statute provided for tho application cor
tain number of days after tletlling Of tho ap-
peal bond aud tho bill Of exceptions, Or cer-
tiflcato Of oyidenco. As it now stands, 1t is
simply absurd, innsmuch rs It roquiros that tho
application shall bo made upon the record
weeks before tho party taking tho appeal call
be required to complete tho record.
Much III NODDED Iii tho why Of "Law Ro-
form" but, until law-ma]sors can ba reformed
or improved up to point whore they will
hnvo uo,no knowledge OF tho subjects upon
which they aro logiSlatlng, and tho probable,