, 1874-01-08
THE COMMERCIAL ADVANTAGES OF Law
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dEIVAms
Tho administration OF Justice has been
1nodornized codiaod. and Bimpli1od in England
aud in some Of our sister Statcs, greatly to the
advantage, as TIC boieve, OF ofsuitors, lawyors, aud
tho courts, and in way to promote tho general
business interests of tho communities in which
these improvements have boen made. Tho par-
ticulars in which tho changes have been made
arc chiefly in
/. The process by which actions arc begun.
2. The forms Of actions.
s. Tho pleadings, or written statements Of
tho Cause Of action and Of the dofenso.
4. Tho proper Legislative means OF bringing
litigation to speedy result.
8. Tho final process awarded for carrying out
tho Judgment Of the Court.
6. Tho proper mode OF taxing the coat Of
litigation Oh tho wrongdoor.
First, as to the process. All the inconyen-
ionces, absurdties, and obssructions to business
and exchanges which result from clinglng, rs ne
do in Illinois, to tho ancient English theory Of
process would not bo apparent without oxplana-
ton, oven to lawyers who have practiced exclu-
eye1y under tho antiquated system, and still 1eaa
to merchants and buBinosB men, whoBo interests
arc prejuliced often without suspicion on their
part tint the injury is needless. Tho ancient
theory Of civil process Is the same aB still pre-
wallis in criminal process, viz: that the defendant
must be actually brought by authority Of law,
aud by MI officer Of law into court, i'll some way,
before Judgment could bo lawfully rendered
agaiust him. Therefore, formerly the defendant
by arrest or summons, but subsequent proceed
ing, ending in outlawry, wero taken against
him, as mcanB to induce hin, to appear
physically, or by attorney, In court.
On this theory, Of course, tho sum-
mona must nootls isauo from tho Court,
and made roturnable at some term Of the court
when a Judge would be- in attendance. But
when, BY later notifications in the practice, the
summons became II mere notice Of All action
being begun, and tho defendant could appear or
not, as he chose. Oh simple penalty OF having
his default taken it ho failed to appear, tho sum-
mons had no other uso than Us nero notice to
plead aud tho duty Of tho Court in issuing its
| "origiaal writ" which from tho tenth to tho
! fifteenth century was judicial one, involving
an inquiry by tho Court. OF it's clerka. into tho
nature Of the suit, bocamo purely ministerial.
formal, and essentially useless one. Tho OBJ
lection to It, practically, is double one ;
First, to tho Inconvenience and delay Of
being Obliged to obtain through a Clerk
| Of Court the issuance, aud through the
Sheriff tho service, Of O. mere "notice" which
las lost all the qualities OF writ. which COM
uands nothing md requires nothing, and Which
any attorney is competent to draw up. and my
oilco-boy to serve. During this delay, espccal'
| " in towns remote from the couuty-acat, the
dobtor may often escape service altogether
Secondly, The making this "notice to plead ro
turnablo at term OF court, WHOM u Judge will bt
present, is needlesB, as III .,on-contosted caseI
thoro is no question for tbs Judge to decide, nut
i'll contested casos series Of pleadinga and coun
tor,,leas In writing must DO aled by the respcc
tive parties before there is any iasuo requiring
Judge to hear. II 1t were d notice to pleat
Within ten or twenty days after its service, thes
pleadiugs would then follow each othe
immediately upon the bringing OF tho suit, and
by tic opening Of q torn, the cause, instead O
being merely begun, would be at issuo and roal!
for trial. But, In count!os whore only ono or tw<
termsare hold each year, the effect OF roqulrin,
this "uotioe or summons to bo roturnablo ut th
tern, Of tho court il to reduce tho period within
which auy stops can be taken in law to ono o