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ten years. Its trade increased in an equal ratio. The transportation business on the river and canals became at once an important feature in its commerce, and, in course of time, conferred wealth upon hundreds, and a competence upon thousands, who began life as wagoners on the Great Western Turnpike, as drivers on the canal, or as cabin boys on the North River sloops. The construction of the State Basin, which was completed at the same time with the Erie and Champlain canals, added incalculably to the commercial facilities of Albany, by enlarging the area of its docks, and affording a safe and commodious harbor for every description of river and canal craft.
In 1834, the value of all the property delivered by the canals at tidewater was $13,405,022. In 1847, (an extraordinary year, in
consequence of the great foreign demand for breadstuffs,) the value of all the property delivered at tide-water was $72,365,986. The following facts, in relation to the immense transportation business transacted in 1847, on the canals of New York, through the port of Albany, are derived from official sources :
Amount of four received at Albany, 2,376,675 barrels ; of wheat, 1,296,625 bushels; of corn, 2,995,563 bushels. Tonnage of property delivered at tide-water, (Albany and West Troy,) 1,708,933 tons; being an increase of 346,614 tons over 1846. The up tonnage for 1847 is estimated at 287,000 tons. Aggregate, 1,995,933 tons.
The value of property delivered at tide-water in 1847, is $72,365,986; an increase of $20,860,730 over 1846. Estimated value of property cleared from tide-water on the canals, in 1847, 893,000,000. This would give an aggregate of $165,365,986; an amount greater by $18,820,347, than the value of the entire imports into the United States for the year ending July, 1847; and greater, by $6,717,364, than the value of the entire exports.
Port of Albany. The number of vessels arriving at, and departing from the port of Albany, during the year 1847, was as follows :44 steamboats...
10,574 131 freight barges.
20,358 358 schooners..
27,330 15 SCOWS...
823 337 sloops..
87,019 The tonnage of this port has increased very rapidly during the last ten years, as will be evident from the following table, copied from the customhouse books : 1838 ..tons 36,721 | 1842.....tons 49,356 | 1846.....tons 71,011 1839. 40,369 1843....... 55,354 | 1847.
87,019 1840. 39,416 | 1844. 65,057 | 1848.
77,983 1841... 50,797 1845.
70,987 Increase in ten years more than 100 per cent.
From the foregoing, it will be seen that from 1838 to 1847, there was a steady yearly increase of business on the river, and that during 1847 the ratio was much greater than any previous year. This, it will be remembered, was a season of unusual prosperity; there was a great demand for breadstuffs from abroad, and everything in the shape of a water craft, that would float, was brought into active service. If this year is thrown out, our table will show a steady, healthy increase of river business from 1838 to
1849. But we are content to let our figures speak for themselves. They tell a good tale for the business of an inland city.
The freighting business done on the Hudson River is immense, far exceeding, in the aggregate, the computation of many who have for years been engaged in this business. The entire receipts of the three canals, viz, Erie, Champlain, and Oswego, and their branches, are brought to the Hudson, and are then scattered along the sea-coast. In return for the products of the West, the merehant receives the manufactures of the East, and of foreign countries, which, through the same medium, are transported to the various shipping points on the lakes, and from thence through the entire West.
From the statements above made in relation to the trade and population of Albany, it will be evident that her career must be one of prosperity, so long as the country shall be prosperous. Placed at the outlet of those works of internal improvement which connect the great West with the Atlantic, she must in a degree partake of the vast profits derived from that trade which has been shown above be enormous in amount. But her citizens are too sagacious to rely upon commerce alone for subsistence and profit. Like their New England neighbors, they are beginning to invest their surplus capital in manufactures. These investments, thus far, it is gratifying to know, have generally proved to be profitable; and although Albany may not rise all at once to the rank of a Pittsburg or a Lowell, there is nothing to prevent her from attaining, ere long, a position of the first eminence among the manufacturing cities of America.
Art. VI.-LAW OF DEBTOR AND CREDITOR IN MISSOURI.
Two articles upon this subject will be found in the fifth volume of this work, at pages 70 and 252; but as some changes have been made in the laws since that date, and especially by the new code of practice, adopted at the session of the General Assembly just closed, a notice of some of these changes may be of interest to those having commercial connections in this State.
The law relating to bills of exchange, bonds, and notes, remains nearly the same as under the code of 1835. A statutory negotiable note, if negotiated, is entitled to four per cent damages, upon protest for non-payment. (Bank of Missouri vs. Wright, 10 Mo. R. 719.) The judicial organization remains unaltered.
JUDICIAL PROCESS. Attachments against the property of the debtor may be issued, whether the debt be due or not due, in the following cases :—1st. Where the debtor is not a resident of, nor residing within this State. 2d. Where the debtor conceals himself, so that the ordinary process of law cannot be served upon him. 3d. Where the debtor has absconded or absented himself from his usual place of abode in this State, so that the ordinary process of law cannot be served upon him. 4th. Where the debtor is about to remove his property and effects out of this state, so as to defraud, hinder, or delay his creditors. 5th. Where the debtor has fraudulently conveyed or assigned his property and effects, so as to hinder or delay his creditors. 6th. Where the debtor has fraudulently concealed or disposed of his property or effects, so as to
hinder and delay his creditors. 7th. Where the debtor is about, fraudulently, to convey or assig his property or effects, so as to hinder or delay his creditors. 8th. Where the debtor is about, fraudulently, to concealor dispose of his property or effects, so as to hinder or delay his creditors. 9th. Where the debt was contracted out of this state, and the debtor has absconded, or secretly removed his property or effects into this State, with intent to defraud, hinder, or delay his creditors. Where the debt is not due at the time of attachment sued out, the plaintiff cannot have judgment until the debt becomes due.
An affidavit before a judicial officer of another State, authorized by the common law and practice of courts to administer oaths, is good in this State for the purpose of granting an attachment. The affidavit to warrant the attachment must state, “ that the defendant is justly indebted to the plaintiff, after allowing all just credits and set-offs, in the sum, (to be specified,) and on what account the same accrued, and also that the affiant has good reason to believe, and does believe, the existence of one or more of the causes which authorize a suit by attachment, which should be set out in the words of the statute." The character of the affidavit and bond will be found in the fifth volume of this work, page 256.
Imprisonment for debt is abolished. The writ of capias is allowed only in cases of tort, and the only action in which it is directly authorized is that of detinue.
By an act passed at the last session of the General Assembly, our whole code of civil and chancery practice is altered and changed. The code of civil and chancery practice made our practice as simple as that of almost any of the States, but they did not do away with the want of knowledge and skill on the part of the practitioner. The new code, called an act to reform the pleadings and practice in courts of justice in Missouri, is a combination of the new code of civil practice in New York and our own code of chancery practice, and a curious mixture it is. It will increase the labor of the members of the bar; increase the amount of litigation, for the practice under it can only be settled by a series of judicial decisions which will require years; and more, will much increase the bill of costs; and mind, the only taxed costs in this State are the mere fees of the officers of the courts, each party being obliged to pay his own attorneys and counsel. It is to be hoped that the act will not have a long existence, before it is repealed, and a better substituted; or so amended as to simplify what is so cumbrous and expensive.
The act takes effect from and after the 4th July, 1849, and does not apply to any actions brought before that time.
As it is frequently necessary for persons residing out of this State to know something of the practice, so as to advise counsel about the bringing of suits and the collection of claims, an abstract of so much of the act as bears upon these subjects is given.
All distinctions between the different actions at law, and between suits at law and suits in equity, and the forms of all such actions are abolished; and hereafter there will be but one form of action for the protection of private rights and the redress of private wrongs, called a civil action. The parties to such actions will be known only as plaintiffs and defendants.
First, of parties to civil actions. All civil actions must be prosecuted in the name of the real party in interest, (choses in action are now assignable,) except in the following cases :-An executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue in their
own names, without joining the parties for whose benefit the suit is instituted. In case of an assignment of a thing in action, the action is without prejudice to any set-off or other defense existing before notice of the assignment; but this does not apply to bills of exchange, nor to statutory negotiable notes ; the law of set-off remaining as at present. Any persons interested in the subject of the action and the relief demanded, may be joined as plaintiffs, excepting as above stated. Any person may be made a defendant who has an interest adverse to the plaintiff's. All parties united in interest must be joined as plaintiffs or defendants ; but if the consent of any one who should be joined as plaintiff cannot be obtained, he may be made defendant, the reason therefor being stated in the petition. (This last is the well established rule of chancery proceedings.) Persons severally liable, including the parties to bills of exchange and promissory notes, may all, or any of them, be included in the same action, at the option of the plaintiff; and where severally liable, an executor or administrator, or other person liable in a representative character, may be joined with others originally liable, at the option of the plaintiff. Actions do not abate by death, marriage, or other disability, or by transfer of interest, if the cause of action continues or survives, but may be continued by or against the representative in interest; and in case of any transfer of interest other than that caused by death or marriage, the action may be continued in the name of the original party, or the party to whom the transfer is made may be substituted in the action. When the cause of action does not survive, the action abates only as to the person deceased, and the survivors may proceed without reviving the suit. Suits are to be revived as provided in the chancery code, by scire facias or publication.
It will be seen that this new code revives the old common law rule, that all parties united in interest adverse to the plaintiff, must be joined as parties defendant; a rule which had been abolished at law in this State, for as all contracts were joint and several, a party might sue one or more defendants and take judgment against such as he saw proper. By the present code, judgment may be given for or against one or more of the several parties, and may also determine the ultimate rights of the parties as between themselves. Second,
of Pleadings. The plaintiff must file his petition, which must contain, 1st. The title of the cause, specifying the name of the court and county in which the suit is brought, and the names of the parties to the action, plaintiffs or defendants. 2d. A statement of the facts constituting the cause of action, without repetition, so as to enable a person of common understanding to know what is intended. 3d. A demand of the relief to which the party thinks himself entitled ; and if money be demanded, the amount shall be stated, or such facts as shall enable the defendant and the court to ascertain the amount demanded.
The only pleading on the part of the defendant is an answer or demurrer, and must be filed within six days after the return day of the summons, except where the suit is upon a bond, bill, or note, for the direct payment of money, when they must be filed within two days after the return day of the
A demurrer lies, where it appears upon the face of the petition that the court has no jurisdiction of the person of the defendant, or the subject of the action ;-that the plaintiff has not the legal capacity to sue ;—that there is another action pending between the same parties and for the same cause ; — that there is a defect of parties, plaintiff or defendant ;-that the petition does not state facts sufficient to constitute a cause of action. The demurrer
must specify the grounds of the objection, or it may be disregarded. If the demurrer is sustained, the plaintiff may amend ; if overruled, the defendant may answer.
If the matters for which a demurrer lies do not appear upon the face of the petition, the objection may be taken by answer; if objections be not taken by demurrer, or by answer, they will be considered as waived, except the objections of no jurisdiction over the subject matter, and no sufficient cause of action.
All and every kind of causes of action may be joined in the same suit. Excellent, truly! Had our predecessors no wisdom, who separated causes so diverse as trespass for assault and battery, and assumpsit on a note ?
The answer of the defendant must contain, in respect to each allegation of the petition controverted by the defendant, a specific denial thereof, or of any knowledge thereof sufficient to form a belief;-a statement of any new matter constituting a defense, in ordinary and concise language, so as to enable a person of common understanding to know what is intended. The defendant may set forth as many grounds of defense as he has in his answer, but each defense must be separately stated. If the defendant set up a set-off, the plaintiff may demur or reply; the reply is governed by the same rules
With this exception no demurrer lies to the answer. No other pleadings are allowed than the petition, demurrer, answer, and in cases of offset, a reply thereto. ·
Every pleading must be subscribed by the party or his attorney, and the petition, and answer, and reply to set-offs, must each be verified by the affidavit of the party, his agent or attorney, to the effect that he believes it, and the matters therein as stated to be true. But such affidavit does not make any greater proof necessary on the opposite side.
It is not necessary to set forth the items of an account exceeding twenty in number; but if they be not set forth, a copy of the account, verified by affidavit, must be delivered to the opposite party, or filed with the pleadings; and if not so set forth, filed, or delivered, the party will be precluded from giving evidence thereof.
It is not necessary to plead specially the performance of conditions precedent; but it is sufficient to state generally, that the party duly performed all the conditions on his part. All allegations in the petition not denied in the answer are admitted. If either party rely upon any record, deed, or other writing, he must file with his pleading an authenticated copy of such record, and the original deed, or other writing, if in his power; if he cannot produce such deed, or other writing, he must so state in his pleading, together with the reason therefor, and if the reason be sufficient, he may file the best evidence of the contents of such deeds, or other writings, in his power. All deeds and other writings so filed, must remain on file for the inspection of the other party, until allowed by the court to be withdrawn, and then copies, attested by the clerk, shall be substituted by the party withdrawing the original.
This last rule is outrageously oppressive, both upon clients and their attornies, in ejectment suits, when confirmations, surveys and deeds, in long array, are relied upon to prove the cause of action, or the defense. It will be found so oppressive in practice, as to call for its repeal when the Legislature shall again meet.
Third. Suits must be brought in the county in which the defendants, or one of them, reside, or in the county in which the plaintiff resides, and defendant may be found ; and where there are several defendants, and they re