The present age is one of reform,—it is progressive. The whole fabric of jurisprudence must be torn down and built up anew,—the codes of practice must be altered, special pleading must be done away with, the forms of action must be simplified and reduced in number,—so that lawyers of a collegiate or liberal education shall not be able to possess any advantages over others less favored. All legal proceedings must be made as intelligible to the layman as the lawyer and so as to place the practice of the law within "the comprehension and capacity" of every one both in and out of the profession. The digests and reports of cases must be improved upon. The system of indexing must be altered so that a lawyer, who perchance may happen to have a dog case on hand, may at once be enabled when searching for a dog case decision to find what he is after by looking under the heading of dog cases; so with a cow case, a horse case, etc. An abstract of the history of the different cases should be given in the index, instead of the abstracts of rulings and decisions. The experience gained by your correspondent in his publishing-house has induced the suggestion made, and he feels sure that were it carried out, the digests and reports would prove to many lawyers as "eyes to the blind." It has, however, been a matter of surprise to him to find lawyers frequently undetermined as to the kind of action to be brought,—actually hesitating and being undecided as between larceny and trover and conversion; and between assumpsit and covenant. To them, the finding of a case reported, the facts surrounding which have a semblance to their own, seems to be the only guide as to procedure; while at the same time it is very evident that they are unable to grasp the real legal points at issue in the case decided, or to distinguish the difference between them and those bearing upon their own case. Your correspondent does not exaggerate, but speaks forth facts. In order to save valuable time, and to preclude the asking of numberless questions, as well as for the purpose of teaching lawyers who have not had the advantages of a student's curriculum, to think for themselves, and to become experts in finding out precedents for their cases without the assistance of law-book publishers or editors, he has prepared the following rules which he has had pasted up in his establishment, and which have already proved serviceable,—in fact, working like a charm, viz.:—
If you have a dog case, look for the owner of the dog.
If you have a cow case, look in the high grass.
If you have a dye case, look in the dye-sink, or in a barber-shop.
If you have a portrait case, look in a bar-room.
If a mule is stolen, the proper writ to issue is a habeas corpus.
A man in Chicago had his watch driven down his throat by Parson Davis; in an action of a similar nature, always look for the watch-case.
Your correspondent feels that these rules might be improved upon, but he fears at the same time that you, Mr. Editor, may pronounce them not only "useless" but unentertaining. In his doubt and uncertainty, he appeals to you for some remedy which may not only prove useful, but of a practical value. How can the desired knowledge be conveyed to the class of lawyers referred to?
Apropos of the portrait of Rufus Choate, published in our July number, we are reminded of a story of that great lawyer.
A certain portrait of himself having been submitted to Mr. Choate for his approval, he gazed at it attentively for a few moments, and then exclaimed: "It looks like the Devil, but it is like, very like."
LEGAL ANTIQUITIES.
The term "common law" is thus accounted for. When the Saxons had conquered a great part of the island of Great Britain, and had set up several kingdoms in it, they had their several laws whereby those kingdoms were governed, as the West Saxon Law, the Mercian Law, the Northumbrian Law; and afterwards the Danes, prevailing, set up their laws, called by them the Danish Law. These several kingdoms coming to be united, and the name of England given to the new kingdom, and afterwards Edward (called the Confessor), being sole king thereof, caused new laws to be compiled out of those several laws, and did ordain that those laws (of his) should be common to all his subjects; and in those laws of King Edward the Confessor the term of common law first began being used, in respect of those several people that before lived under several laws, to whom those laws were now common; though in respect of the author they were called King Edward the Confessor's Laws.
The Gothic nations in Europe were famous of old for the quantities of food and drink which they consumed. The ancient Germans and their Saxon descendants in England were remarkable for their hearty meals. Gluttony and drunkenness
