Year: 1862

foreclosure, containing the usual orders for the
sale Of the mOrtgaged Premises.


Each decree directed the Sheriff to advertise
the property in the Nevada Journal. As soon
as they were signed, requested the County
Clerk to prepare the orders of sale for the Sher-
If and place them in his hands without delay.
/ then handed the Sheriff written order to
advertise in the Nevada Journal and proceed to
sell as soon as possible.


On Friday morning one Of the orders was
prepared and delivered to the Sheriff by the
Clerk. Upon examination, however, it was as
certained that the direction as to the place OF
publication had been deSignedly omitted by the
Clerk, as will be shown in another connection.
On Saturday 1 received a notice that on the
Monday following the Sheriff would move the
Court to modify the DEGREES by striking there
from the direction to publish in the Nevada
Journal. When the time arrived, objected to
hearing of the motion for the reasons, First:
That the Sheriff was cotGm non JUDGE, and
not entitled to be heard; and, Secondly: That
the notice of the motion was not such an one
as the law required. My objections were
disposed of somewhat cavalierly. His Honor
remarked that when the DEGREES were signed
he did not know that they contained an order
recurring the Sheriff to advertise them in
the Nevada Journal; and that if he had known
this fact, he would not have signed them. lie
announced that in case Of this kind, was
not entitled to the statutory notice Of FIVE days;
that he did not desire to hear any argument,
and that he had made up his mind upon the
merits of the question. Upon my insisting
that it was within the range OF possibility that
n citation of authorities would iRduce him to
change his opinion, he graciousiy consented to
give me hearing on Tuesday or Wednesday.
| z understood his Honor furthermore to state
that these were the FIRST decrees that had APP
neared in our District Court designating the
paper in which the Sheriff should make publi-
cation. If the Judge will take the trouble TO
examine the archives Of the Clerks office he
will discover that ne has delivered an opinion
| er cathedra in reference to point OF practlce
wnon which his information is decidedly jejune.
The premises considered, infer that fallibility
| is perfectly compatible with bigh Judicial sta
! tion. and that an fortunate elevation to the
Bench does not necessarily purchase an impu-
nity for the violation of the ordinary rules of
rhetoric, photography and syntax.


! Several weeks ago one Of the decisions of our
District Judge appeared in the columns of the
! Democrat. What may have been the object oil
the publication l can not certainly determine;
but believe it was designed to reflect dispar-
aoingly upon the legal firm of which am
member Thus believing, | trust the erudite
Judge will pardon me II, without any asperity
of feeling, and with no desire to dispute with
him the palm of scholarship, / remind him Of
the fact that in the decision aforesaid, as pub
hshed, there are more than twenty errors of
class that wOnld condemn the composition Of a
school-boy.


About half-past eleven on Monday inquir-
ed Of the Under-Sherif whether he had sent
the papers to the printing Office. He told me
he had not. for the reason that they were still
| in the possession of the Clerk. / then went to
! that Office and asked why the papers had not
been delivered to the Sheriff. He gave me two
reasons; FIRST, that he had been so busy he
could not prepare them; and, Secondly, that in
one of the DEGREES date had been omitted ,and
| he thought it unnecessary to go any further
with that one until the omission was supplied.
| | then sat down and waited until the deputy
Clerk had the papers prepared, when l took
them to the Under-Sheriff, and asked him what
length of time he would require to get them
ready Tor the cOnpOSltOf' Iue ahsWek was
ga very little while" inquired whether he
could prepare them by two o'clock, and he told
me he could. Thereupon, | requested one Of
the prOprietors of the Nevada Journal to call
upon the Sheriff at the hour above named, and
procure the papers in order that they might be
published in that days issue Of the Journal.


Accordingly, Mr.. Vanderhoef went up, but
came down without the papers.


Again repaired to the Sheriffs Office. In
the meantime the Sheriff had gone in, and was
engaged in conversation with his man Friday
when entered. inquired why the papers
had not been prepared, and was told by the
Sheriff they were so busy in the office that they
could not attend to them.


then asked whether he could have them
ready by six in the evening, or ten o'clock at
night and was informed that the papers would
be ready Just as soon as they were copied, and
he did not know when that would be. believ-
ed at the time that the alleged pressure of bus
mess in the office was a miserable pretense and
contemplate subterfuge, and on Tuesday
morning became confirmed in that opinion,
for upon calling once more at the Sheritf's Of
hee to ascertain the status of the papers, was
informed by the Sheriff that he did not know
when he should advertise. but that it would
probably be at some time within the period
prescribed for the return Of the executions, to
wit: sixty days.


On Wednesday morning the District Judge
modified the DEGREES by striking out the di-
rection to publish in the Nevada Journal.
The papers yet remain in the hands of the
Sheriff, and for aught know, may do so for
six weeks to come.