New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-08-13
a u1sn Tor being


reduction England re Court OF Aii
cerv hai very limited Jurisdiction. bat such have been
Il erc-csrElss trst :. = very G-icElt no" 20 "a:
waI II ! II va.ca II aas rot Jurisdiction So zoo pre-
cisev a-it> jurisdiction = nov Ia mere eN;e!'e
than :; 80 YEAR L : nov tac most ti;cu-t
ting tel where chsRcery jurisdiction ends and law
W O'Conor referred 10 a case in II and II ~ Wen
del-E.raenio-tr = Harris. The Court OF Common
Pleas New YorS sad iast Common Ls~ Court could
give relief Seven wear. after, this decision was reversed
BIZ tns Supreme Court; which affirmed ms; he claimant
must seek remedy IN the Court OF Chancery Perhaps
hc not very wealthy for ne suffered the case 10
sleep Tor o;her 10 yea-s Soi-it years rom INC
ils when The litigation common ced;hs Court o. Errors
decided that Supreme Court ignorant OF the d.
tlac:on between Law and ECl.y jurisdiction tIiat
Judge Irving OF the New YORK Common Pleas right
n ;rst-ari that the supreme Court wrong. Alter
seventeen wears litigation. a. >L10 OF costs the
lanca hsd the consolation OF being assured 1y the hugh
a. authority that II hi law Journey a. had a least
started night
! man sued a wealthy corporation u the Superior
Court was alleged thai ]; had jurisdiction that
he must apply 70 the Court OF Chanccry-but arcr
layt OF some seven eight wears the Court OF Errors
decided mat MS ACTOR should re nrou-At ~ court c'
Common Law. he went back, recovered $4,000 by
Judgment but all OF n sudden the counsel for the defence,
discovered that be had called his CLAIM deot when It
should have been named acton on corsTa7i .
This stayed proceedings. and plaintiff VIII have 70 BE-
gin again ami probably BE- delayed seven or eight years
VIVA, could be more unjust mi>chievous tantalizins
and pernicious than system OF law Ike this
HIS argument; was, that one method was sufficient to
al the ends OF justice The Two forms OF redress
mschievous in the highest degree.
Where i the difficulty OF saying, according 70 the plain
and clear practice OF the civil LAW IN the OF note
OF hand that made the note, and tha &. D. +. and
mad endorsed IT, and plainly stating the nature OF the
redress wanted What could 5e more simple
he admitted that equity jurisdiction could not be dis
penscd with but he asserted that under THESE FORMS
We could 60: Justice What ! the difference between
luw and equity Merely in THE Is there AM
difference II the elementary principles Of law and equity
None whatever The only essential difference i N the
form manner OF getting into the courts
IL delivering their opinions the Court OF Error', on
aupea. case- Tie Chancellor and Common La" judges
give the same decisions, in the lsnEuacc-no one
could know by their mode OF delivering their opinions
tina; the one was u judge OF equity court and tlc
others OF courts OF Common Law
The Court 81 Caancery = as much bound by prece-
dents and past aGudcgtous OF the courts A. any court
o; cumaon aw-the justice dispensed l. me very same
The mode however different in these respects-n
Chancery the testimony taken in private and IN W.T.
ting and no; openly and By the judge who tIed the
cause:hc equity Judge sal without JURY and he gave
{ specific relief
IL egc,lieas ProDo>al 5y Campbell F. IVhHe.
The following Resolution was referred 20 The Commit
tee OF the Whole on the Judiciary
Resolrod That Judicial system should be provided
embracing the following principles =
That equitable relief be administered IN the same
courts in which legal remedies enforced, without q
separate Court .; Chancery.
That provision De made for the enactment within
specified tune Of q code OF procedure by which me
distinction between common law equity Jurl-dlc
ton sha! bc abolished aud justice administered IN
all civil IN uniform mode OF pleading and Tsc
icc
3. That the judges OF the supreme or superior Court
OF original jurisdiction, be- elected oy the People IN dis.
tricc, tor 0t years.
l. T'ha; the County Courts, Courts OF Common
Pleas be retained and reorganized IN such manner as TO
give them more efficiency and usefulness.
,. That The SurrO.ste- jurisdiction be retained aud
united 10 the County Courts.
The I'trce Millions CkGaccry
,-ia, md rpip
employed the discussion Resolution reported oy
Judge Rusgcs, from The Judiciary Committee in favor
OF getting the information from the Chancellor OF the
under the contro. OF MS Court ana C!crSr
who they belonged and in whut way invested; and II
really amusing to see how unwilling no" very un
willing many OF the lawyers in the Convention
ha; the secrets this sacred and Ser tribunal should
be disclosed and known 10 the Convention and the GU
zens They absolutely seemed forget that II was
public Court open to every citizen, Court universally
complained OF and sought by many 10 be abolished
Judge RuEges though nc reported iavoraDly by order
Of majority his Committee. evidently DESTROYS
pat buck all inquiry and tomorrow VIII be the tnlId
day OF argument on the question whether the useful
aud proper Information asked for by the people moved
tor IN Convention and reported iavUraby on by the prop
er Committee.
scndns to one Committee struggled hard this morn
nr prevent it passage by moving 10 lag II on the Ia
bic Mr. RuGGLEs was quite ready 70 vote tor the Teso
uIion II the Convention would ask the Chancellor NOT
10 send the information the Convention but 10 the
next Legislature and Mr. TAGGAET moved that the
Chancellor do report WITHIN TEN DAYS after Ilc
meeting OF the Legislature Oi course, ne must
have forgotten that the Constitution would prOoa
bly, 20 into operation irst and MI Wawortha ministry
be closed. Mr. NIcoLL inquired whether the lniorina
non could not be obtained without publishing The names
parties inerestedthe parties whose affairs mad been
in ChaHccry. think i'm "ho moved 10 refer the
resolution ONCE a Select Committee. Mr.. 9fM
MONS never could the utility OF this inquiry.
Mr. O'CoNoR Yesterday. objected that the CouYen
non was not t-that the very delicate-and
wished the resolution 10 lie on the table e" day. ION
ger III has been weeks the table already The in
quiry would the clerks much trouble and labor
and might be announcement. The Convention mad no
business he thought 10 inquire how much money De
longing 70 4 B. and C. D. was held By that Court or IL
officers He wished place himself on record a. voting
against this nGury-hs could mischief likely TO arl-.
out oft Il there funds N the custody Of the Chan
Gerry Court OF which no one knows anu II IN. Legislature
has neglected or shall neglect 10 maze inquiry ABOUT
them the Convention mgk eIy0u TO inquire "hatuon-
eys are in controversy lie did not desire secrecy IN the
OF this Court or OF any other he was not -
champion but this information not needed, and Il
the resolution from the Judiciary 70 be pressed he
would demand the Ayes and Noes on it.
Mr. MANN. 1t wa. pretty generally conceded that this
Court to DC abolished
NJ. WoRDES No. =ir
Mr. MANN. There Is very large sum-three millions
placed BY its clerks in trust companies banks mort
gage bank stock, &cne wished 10 know that II was
saie-snd how it had been invested and whether IL had
been discreetly administered Large mad been IN
the chars. this Court tor 80 ~ yearsthe rightiul
owners were dead and the heirs knew nothing OF the
the Constitution, by which It proposed 10 place this
vast treasure the charge o: the state. and when
could there more IL tle Tor INQUIRY or upon what
principle could y oc resisted
Mr. WOODEN admitted that the present Court would
De abolished out the equity jurisdiction l ne
Three Million Fund does belong 10 the state nor
ought the Legislature interfere Trust Company
In SeYork manage the Funds, winch was perhaps nor
the bes; way In England The Accountant General Kept
record OF all Chancery Moneys OF wnicf the paTtcu,
a,s could De 20, n any by paying zee II "ouid
be ve-y difficult for the Clerks 70 give u4 tn!s N
formation before We dispose OF The question connected
with il and II We mad i the only oeneHI would We 20
inlpre. mems mird- how necessary u Is 10 nave
-uch vast property taken care OF
III PATTERSON We might a. vel! ascertain "nofn II
belongs TO- very large and valuable library mad Deem
purchased from me Unca-G Tor income Arising cu' OF
I'M. private fund by Of the Legislature instead
OF MS they ought ~ directed rae publication OF AL
the unca!led iu- moneys Win tae names &c "nca
would sg. enabled ne tue 70 claim tEeir funds
Last War gentleman deposited II BANK heee large
.u:r2 OF .oney-went the lines ana was AIlea n oat
s-for rrsv vee-s h. heirs were ignorant Of THIS de-
lsit-bpt recently the Legislature nad ordered the