Delaware journal. [volume] (Wilmington [Del.]) 1827-1832, 1829-01-23
JVo. SO.


have considered the language employed in the va
rious constructions, Of which it was susceptible to
guard against Inconvenience from this source. have
had no Of elegance of language but have
spared no pains for language to express the meaning
certainly and plainly. | have considered and la
bored many provisions, which have ultimately re.
jected as liable to objection. have written every
provision repeatedly and many of them many times.
| make these statements in confirmation of my re.
mark, that could not have taken greater care than
have think every one on reading bill will say,
that subject to few exceptions specially noticed,
it contains the law as it is understood in practice,
and therefore that the revision has been faithful in
this respect There are occasionally new prov.
sions but they have always, believe, been point
ed out; they are IN strict connexon with the sub
ject, aud they have been generally suggested by
facts.
One difficulty in respect to any provision Of law
is, that sometimes see it operate hardly in par
ticular relation and condemn it, when its general
operation is Just and useful. Thus have heard two
Collectors condemn the provision, which prohibits
their leaving taxes with Justices of the peace Tor
collection. 1t might be convenient Tor them to be
saved from some disasreeabe measures bur the
operation of collecting taxes by proceeding before
Justices would be very oppressive, The legsla-
ture were forced by this very oppression to adopt
the principle complained of 6, vol 5o7. have un-
derstood that Justices complain OF the trouble they
have under the act providing for the recovery of
small debts. BIT jurisdiction over all debts OF lilly
dollars and under, conIers great power, over people
very liable to be oppressed, and there ought to be-
careful regulations respecting us exercise. 1t IS
complained that the assessment oil property once III
twelve years permits improvements to pass too long
without taxation. A case or two OF lncorfectness
may occur But probably to adopt the law TO these
particular cases would cost ten times more N the
operation, in assessors fees &C. than all the taxes
on the improvements. One OF tie reasons, which
| influenced the General Assembly in extending tA9
! time, that improvements should De encouraged
not discouraged 1t is iliberal, il not UNJUST. when
a person has expended large sums IN improvements,
to lay hold at once Of his improvements, and make
what has been Of great expense, an immediate oc
casion of burden. have noticed these things to
introduce the remark, that are often dissatisfied
| with regulation because every human regulation
must have an imperfect operation when any other
regulation would be necessarily attended with
greater evil. We see the inconvenience produced,
but we have no thought of the evil remedled
| With view to report to the General Assembly
the English statutes in force in this State pursuans
10 the restitution Of February 5, 1897, | have ex-
amined this subject. To aid me in this examination
have taken the report o! the judges Of the Supeme
Court of Pennsylvania in the appendix to the Sd
vol. Bnney's Reports, sos, 626, aud have cunsid-
cred tile statutes therein mentioned we have
adopted some English statutes not contained IN this
report because these statutes have been supplied
in Pennsylvania by their own acts OF Assembly. and
have not been supplied by our acts OF Assembly.
There are several statutes contained IN this reports
which apprehend, never in force IN this state,
for | do not see how they could be applied. But
generally presume that from the similarity OF our
condition with that of Pennsylvania under the pro-
priearv government and the general similarity ot
our laws, great reliance may be placed on this report
in determining what English statutes belong to our
system of law. The advice OF the Judges OF the
Supreme Court Of Pennsylvania 49, that many OF
these statutes should be incorporated with their laws.
To this course in this State there are, think, great
objections 1t would swell the volume of our laws.
Many of the statutes would be uulnteigtblc for
> they concern matters, that are obsolete re know
nothing Of the things by the nan'es. III some Q, the
statues it will be enough TO say they are IN force 70
wit--tle statute " de donis" in which estates tass
have their origin. We know the effect ard no one
ever wishes to turn to the statute so OF tlic statu
, les concerning fines and common recoVeries. Gen.
erally the provisions should be supplied by our Owe
acts and the statutes excluded from our system
The uncouthness Of the language frequently requires
this Besides our practice. a,;ho taking lis origin
from statute, frequently varies from IT, Our pro-
{ visions should conform to our practice Tor II rs
adapted to our convenience. Ia the bulls, WhIca
have been presented tor the consideration OF the
General Assembly many Of these statutes have been
Isupplied or rendered unnecessary. Ihus several
of these statutes concern real actions for the recov-
cry of lands and tenements. 'Fhc bill making the
action of ejectment remedy for the trial OF all le-
cal titles to lands, sc. will, if passed render these
statutes unnecessary. The bill concerning defects
IN legal proceedings will render it safe to exclude
the statutes of Jeo fail and Amendment, which are
numerous for their is English statute for almost
f every kind of mistake it will also supply the STA
tutes concerning special demurrers. The bill con'
corning costs supplies several English statutes Tor
the law on this subject in England grew up by de-
grees under several statutes. The blli concerning
conveyances supplies several sections OF an Eng Eng
lish stnnte as ,unu &c several Of own acts. Ihe