Each
county has two justices of the peace, who are elected by the people.
And I cannot but remark
How much better the practice is to elect or
appoint a few justices of the peace rather than to allow the office to
be degraded by wholesale appointments, as a matter of compliment,
according to the usage too common in some Eastern States. The justices
of the peace have jurisdiction in civil cases where the amount in
question does not exceed $100; and when the amount at issue is over
$20 either party may demand a jury of six men to try the case. But
there would be little demand for juries if all magistrates were as
competent as our enlightened friend Judge Russell.
Special pleading never flourished much in the West. It was never "a
favorite with the court" out this way; while the regard which the
lawyers have cherished for it has been "distant and respectful." It
has been laid on the shelf about as effectually as bleeding in the
practice of medicine. The science of special pleading, as it is known
in these days and that in some of the older states exists in a
mitigated form from what it did in the days of Coke and Hale. The
opportunities to amend, and the various barriers against admitting a
multiplicity of pleas, have rendered the system so much more rational
than it once was, that it is doubtful if some of the old English
worthies could now identify it.
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