, 1880-08-08

!
and this income .gill construed the super
! structure and put in the engines as fast as
| the work can be pushed forward. We trust
| the more intelligent and rctlecting members
| Of the Council will give the subject proper
thought and arrive at wise conclusions.
!
THE REPEAL Of THE BARBARIAN Law
! OF DISTRESS.
The atrocity of the wrctches who, under
[ the protection Of the law OF this State On the
I subject of landlord and tenant, have been
! robblng and plundering 50 many hoiste-
] keepers in this city has been somewhat eN-
| tensiyely presented to the public. 1t is
! matter Of doubt whether even in the most
notorious cases there can be any adequate
punishment because Of the encouragement
| affords such practices.
There are two radical defects In the law:
III Tho law authorizes any person claiming
to be q landlord, or the agent Or attorney OF
! landlord. on his own motion and in the
absence OF any oath or other affirmation that
there is due him any sum for rent, to write
out warrant Of distralnt, aud proceed
to the premises Of an occupant and
seize and carry away all the fur
niture or other property he may ind
there, and secrete it; and the law further au-
thorlzes The man who does this to file his
warrant Of distress with any Justice OF the
Peace living in any part Of county, and re-
mot: from 4 city, and the person whose PROD
erty is taken may never hear any more of
the proceeding or Of his property, be denied
the opportunity of replevin, or Of even con-
testing the claim for rent That is what the
letter Of the law authorizes, and that is the
dujIy practice in this city. {3) The law
authorizes also the Institution of q
civil suit against any citizen before any JUS
tice OF the Peace residing in any part of the
county, compelling the persons sued to at
tend the trial OF such cases, at the most TIL
reasonable hours. twenty-five miles distant
frum their homes, or suffer Judgment
to be given by default. Under this
authority of law, gangs Of dlsrep-
utable attorneys, equally disreputable
Constables, and more djsreputable Justices
carry on large amount of this class of So
called legal business in this city and county.
The victims are mostly poor laboring men
and defenseless and frendless omen, who,
upon the Judgment being obtained, are
robbed and plundered of their household
goods in flagrant abuse Of honesty and gen.
orally of the commonest laws Of decency and
proprtety.
The law should be amended so as to render
these abuses impossible. The whole law of
distraint should be repealed 1t is relic Of
feudal times and of feudal power, when the
owner Of the land was also the law-giver,
Judge, and executioner, and when he had
almost absolute power as lord Of the manor.
This law we Inherited from our British an-
cestors, and it still exists in MANY Of the
States, including Illinois, notwiths'an.ing
its ylo; ton of every principle Of justice.
An incomplete research Of the laws Of the
several States on this subject to discover
how far the ancient barharism prevails gives
the following result as to the progress made
by the civilization and Intelligence of the age:
In Wisconsin the writ of distress for rent
has heen abolished.
In Pennsylvania the old brutal Law still
exists.
In New York distress for rent Is abolished.
In Indiana distress warrants for renrare
not allowed.
In Ohio distress. warrants for rent were
abolished long ago.
In Iowa distress warrants, co noT,ine, are
notallowed, but landlords have liens for rent
which can be enforced by attachment pro-
ceedinSs in Justices courts.
In Michigan distress warrants are not al
lowed.
In Louisiana distress warrants are wholly
unknown to the law
: This:is as far as we have had leisure to ex-
anime into the State laws Oh this subject,
but even this partial examination shows that
the spirit OF the age is in the direction of
stamping this relic Of absolutism out OF the
statute-book.
In Indiana the law requires that defend
ant must be sued in bis own township, ex-
cept in capias suits, or where there is no
Justice Of the Peace in the town.
In Ohio the Jurisdiction of Justice is lin
tied in civil suits to his own township, ex-
cept in attachment cases, or cases Of forcibie
entry and detainer; and the same law should
be adopted in Illinois. =
In Iowa the jurisdiction OF Justice ex-
tends over the county, but suits must be !
brought in the township where the plaintiff |
or the defendant or one Of several defend |
ants, resides.
In Michigan the law in this particular Is !
substantially the same as in Iowa
In New York suits must be brought in the |
town where either plaintiff or defendant re-
sides, or before some Justice of another |
town next adjoining the residence Of either |
plaintiff or defendant.
We submit that the three millions and mora |
of free people in Illinois should abolish any
barbarous, cut-throat law which authorizes [
any y'nan to write out a warrant authorizing
himself to seize and carry off another mans
without an oath rs to the validity |
of his debt, and without bond OF other Sc
curity for the property seized and carried off |
It will be seen that the right 10 sue man
in "a. remote part OF the county has been
wisely restricted in several of the States
THE St Louis and Louisville papers affect
to believe that tho census Just completed in J
khicago was not i,onestly taken. They don't t
0cIipEn x,Ff fho 4-fs, oF |