, 1876-12-18
LAW.REFOlsM IN ILLINOIS.

In no respect does our mode OK civil procedure
copy moro tennciously tho form and terms Of
tho English commor.law system, without grasp.
lug the substance thereof, thnn III tho tnatter
Of the process for bringing the defendant
into court md fl tho arrangement Of our
terms Of court. III England the courts wero
sitting almost without cessation ut tho grand
ecntral hive Of Justice, Westminster, whence
process could always issue, to all patts Of the
Kingdom, unl to which, nftcr due service, 1t
/ could be returned, and where judgments by de-
fnu1t could always bo entered IN tho absenco Of
any valid defense being shown, II au issno re-
qutrcd trial, 1t would be sent down to the cotll,-
| ty in which the facts ot tho easo arose for
| trial. 1Ioncc, although term Of court might
be held IN given tounty but once or twice d
year, suits could be brought agatnst residents
In sucl, county, and Judgments 10 entered at
Westminster, in tho absence Of nny valid de-
fense, during every month In the year.
OUR uNLIKENEss TO TIE CoMMoN-LAw SYSTEM.
In Illinois, however, VIC laye established no
wliolo State, whence writs may issue to all parts
Of tho State, rcturnablo within, say, ton days,
and, Oh tho return Of which. Judgments may
10 rendered by default, unlesa tho
defendant, bv his pleas, exhibits q
valid defense In good filth. And yet we have
not provided for terms being hcld my oftener
~ tho various counties than was provided In
England, where the sole business Of these terms
was to try contested cases. Hence we have
provided 10 inenns whereby collection cases, *
cccdfng IN amount the Jurisdiction Of Justice
Of tho peacc, In Which there is no defense,
can be lcfalltel and Judgment rendered
ronEhoat ts yaons II,
Or twes ysas in ths county in wsh the dsend: end:
mt resides. This reduces the pcrtoa In which my
1tdk he
the year. leaving tho remainder of tho year prac-
tlcafly without any lnw for the collection or debt.
in avstc a nrneorc ,ac
s4y that Ills result, like others wc have pointed
out e pssuliat T. the cods 81 MinoIs, and thut
nothing like It ex!ssOl nj common law,
PRACTICAL 1NUoNvEAlEScEs.
II a Now York Or Chicago merchant, whusc &C.
count natures III December, wishes to suo Ills Gus
Tl|hssts jary M.,si. "a IN, Sas is%
m5nts before suing Or make ,is summons 'ie" 10.
tnfnablc December Hc1t; Of, It he makes It 70.
taf9sSs 5 M hf ssfs5 S. fsi. &. osi f., Tin , Se:
II Ill., S"as sn ?:Si' = siss ta'ss
sssan ' wsat s'ns sArns s .ay l. sSy yfn e 20 ss
fiji i snbjcc.ed, aaa generally Without interca.
mors thau twenty daya' tima without Plea; ard,
with plea, tin cauld bc put on trial befora
aans y aa % ass fGxi af S s s
fees aid inscrest would render It inexpcilcnt TO
defend In bad faith.
bc begun, y'z: by q writ Of summons Issuing m.
s served ~ h9 sff a n s5n u
that, before q court has Jurisdiction to render j
Judgment aganst . . defendant IN civil action. he
court IN person or hy attorney; which Is stil the
a aSsual theory III criminal cases hero and ln En.
WHENCE CANE OUR RED rArE1
To this ond thofc w4s. after tho Norman Con.
quest, orst' an original w!it. Of which our word,
y ws eas q Gxfks ss2 n tnatstt Sna a the
whether tho plaintiff ought to hc allowed 10 sue Ut
Oil; next there was . summons requiring tho de-
tHes followed az attachment. 5Is.iain'nx ha goods
moderately; ,thcn., n dtztsinga4, a!straining
a. hs f., 0Ssi, s,y hsn s Va, saSs pnn;t n; "a
then no jndgn.cni was rendered aEaInst dm for tio
demand sued ppon, nn!sss ta g nps,ars All th!s
theory that M Judgment won'4 be randercd a9ajnss
. party not In coWrt: hut we. In Illinois,
hayo isysssoa tai' t';.ofy 9na smp'y TsTsf
10 plva, which tho Court e m!nistcriaily bound 10
s.e # 4 ns n aaa wssh h.rG
IT, IT, wn nas tsy s. Ws II II
Tho .Court; Thera being no judicial duty. 10 bo
ep;asesG1lns u" 'oa ~ ':ne y :os
caart, but should 10 . notice 10 plead
s ss s sns W.T. Il s st Sfn'x s,s @ @Ser a @ T.
served on hin together. with tho summons, md
notifying PIN that unless he shal, p!uad within
wtii b. made At Term Of court Tor spec'ai roiisf,
according 10 tic nature 1f tic suit.
ITS rtACTtCAL EVILS.
THO disadvantages of our eYstun Ut Issuing proc
car from tlB court. apart from its Reedlessneas,
IIr1f--in Chicago and other 1arre cftIes n