PLEADINGS IN CIVIL CASES.
Mr. Bradley's bill [S. 43] to facilitate the making up of civil actions was read the second time.
Mr. SCOTT moved that the bill be indefinitely postponed. It proposed to introduce a system of practice which he thought could not prevail in the State. Our circuits are so large, that a judge would have to carry his onus around with him, in his hat, or, like a country Justice of Peace, take his docket with him when he went out hunting or to cut wood. He believed it impossible to put the system into successful practice upon so small a bill as this, and that a great many imperfections would be found to exist in it. The dockets would be filled every term with motions to set aside entries made by the Clerk in vacation. It might work if there was but one Court in a county, so that the Judge could come in every morning, or twice a week, even, to decide upon pleadings filed. Under the present system he believed it would have a tendency to increase, rather than diminish costs. The object of the bill seems to be a good one, but it is so imperfect that he could not vote for it.
Mr. BRADLEY declared that this bill was prepared by two of the best lawyers in the State of Indiana, and he was understood to say he hoped this motion to postpone was not made to retaliate on him for making a similar motion, when the bill of the Senator was up a few minutes since. He then gave reasons why this bill should pass, and attempted to show that the objections urged against it were entirely groundless. He said the Senator from Vigo [Mr. Scott] was mistaken in regard to the judge having to carry his docket around with him in his hat. There is no requirement for disposing of a pleading, judically, during vacation, unless by agreement of parties. It simply provides for filing pleadings within a certain time, and if it is such a pleading as requires a response, requiring that to be filed within a certain time. The Clerk has no judicial authority whatever, beyond entering up a default.
Mr. SCOTT asked who was to be the judge, if not the Clerk, whether the proper notice had been served.
Mr. BRADLEY replied that the face of the papers would show this fact.
The motion to indefinitely postpone was rejected by yeas 18, nays 18the Lieutenant Governor giving the casting vote in the negative.
The bill was ordered engrossed for the third reading.
