The Penn's Grove record., 1914-10-09
The PENIS Grove Record
FRIDAY, OCTOBER 9, 1914
The Circumlocution Of Law Procedure

FRIDAY, OCTOBER 9, 1914
The Circumlocution of Law Procedure
The case Of Hates against Gibbs in
Salem County Court this week from
Penns Grove over the equity in a right
of way has been in use for fifty years, is
a fine illustration of the circumlocution
of New JERSEYS Anticipated legal pro-
cedure. 1t was copied from the old
English system which Charles Dickens,
the famous English author, held up to
ridicule in more than one of his famous
novels and led TO several changes in
laws and procedure OF trials in Eng
land.
1t is time such vas done in New
Jersey in order that the litigants may
receive a more speedy verdict and be
saved much unnecessary expense.
To some Layers, and to some lay
mems minds not versed i'll the techni-
calities of law, it would seem to be a
case of equity whereby an injunction
was necessary, because neither party
has committed any misdemeanor nor
suffered any great financial loses. So
far it has been only Inconvenience
which have been met by Accommodations
of kind neighbors.
An application was made to the
Chancery Court and the attorney was
referred to the District Court, The
cas- was presented to the District
Court Judge who ruled that the name
in which the s was stated should
have been the names of the Obstruc-
tiOns, the words ''fence and garage"
instead of the name of the persons who
put these objects i'll the long accostom-
way Of travel. To an ordinary citizen
it would appear to be only necessary to
cross two words off, the name of the
person. and write two words in, the
names Of the objects, then proceed
with the trial because the court officials
attorney and witnesses were present
and ready.
The County and State had been to
the expense of paying the officials and
jurors and both litigantsto the expense
of lawyers and witnesses, but that
would not be in accordance with the
technical procedure of the legal cir
cumlocution offices established by long
old English customs, in New Jersey
courts.
AS a consequence a technical error
in wording according to some former
judges ruling, a new trial will be start
90 and the county and litigants will be
put to the same expense as last
Tuesday. Possibly nominal damages
may be received. Then an appeal to
Supreme Court may be made. After
these specific distractions are removed
others may possibly appear. More
circumlocutiOn legal procedure may be
necessary. Some Of the litigants may
be dead or be as fast in debt as those
who were detained in the debtors
prisons of England for years on small
debts as are described in Dickens,
Little DOrret" or in in the case of
Jarndice vs Jarndice."
There may be shoals of official Bar
nacles on litlgants. highly versed in the
sublime dignity of the great legal art
Of "How not to do 1t. "and the circum-
locution offices necessary to go through
before litigants may reach a verdict
after long waiting. New Jersey has
the legal circumlocution offices to
perfection did the high priced Judges
galore whose business it is to hand
down the old English legal lore in q
wise and digniGed way to the common
people who have to pay dearly for it in
their Watchful waiting, in taxes or in
person.
we do not mean to criticise the
action of any Judge or lawyer whom
we believe is following the rules of
New JERSEYS legal circumlocution
offices, according to the constitution.
statute law or the rules established h.,
t he courts. We do not mean to decide
the case after making a statement of
facts which all neighbOrs know. altho
W 9 believe the case could be settled out
out of court by the spirit in the elev-
enth commandment.
We do criticise the State consti-
tuition, the statute laws and rules
established by the Courts, which
greatly need revising in New Jersey in
order that citizens may get their cases
settled more speedily and at less ex-
pense.
Such a revision was proposed some
years ago at a constitutional election. |
but because the people did not approve
nor understand some other proposed |
amendments all were voted down.
How to remedy it is a deep PROPOSE
ton to solve. The lay minds do not
know nor have time to learn. They
only know "There is Something Wrong
The legal minds who
get in to the legislature do not concern
themselves because they profit by it.
Their principal aim when in the legis-
lature seems to be to throw bouquets to
personal or political friends of the legal
fraternity in the form of more offices or
higher salaries, at the expense of the
taxpayers.