New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-09-07

,,,i ie-..iou OF he Jcst;ce aid render such
oushto ays been e ysres ma
birv 20 procure the evidence before the Jrsnce Asw
Tia ous 4, 10 De granted saen Court aha orief new
srrh r..-Esr NJ snail Be provided by iavv'
WIZ i no vroposRl made 70 elect the Judges OF iae
c,,-s-o- Court y Y the Recorders OF Cites src oer
local Judges and DO away the disqualification on me
Revised STATUTES which p.ever any mai not on the rot
OF privileged Counsellor from being candidate Tor me
once Of First County Judg e D!sIc: Ar;o:reg; ana
s,v o.he- Offices None bu, one OF the privileged c!ass
can De Supreme CoC-t Commissioner AID Vha' some
OF then are the descriptions g:-en on this PlAi Hsa'
M. yJorGens Plan OF q Judiciary.
Tte-c vas plan read his morning By Mr.; Wo:dsE
OF Onts-o-soIe of which namely ths' WHICH divided
The Cs.-s for civil remedies into ec;'tE ANo common
Isx did not Eke-while those parts WHICH P!oFicsd
fo- gradual assimilation snd ua.cn OF 'he pfac'ce
DID Ike
In the ,vay OF reform !. Is hall measure
Ore @: MS propositions is Common Pleas Court oi
,-ee jutrss-i each County one OF the 70 be Pres
den: and then tie Corry Sur-osste-the Presiden. 70
De always member, and -aE 81 alone ne gCsieo
electors 70 e the President Jcd who NAY acid once
tor wears The ,vo ether Judges 70 &c cHoseA n
same way and hold ot5ce yea-s
Another i Court OF General Sessions OF the Peace
70 De held hy the Common Pleas judges 70 IT cases ae
o ,- degree OF felony and have jurisdiction OF al
crimes committed n the County and OF indictments
s.-t for .r.aI from other counties.
Hep-ovdes .as M Marin cid Supreme Court OF
Jrs-,ces one OF them 70 be Chief Justice, 20 be in
creased one Tor every $4,000 additional population
Al.o Districts OF Circuits each and supreme Court
Justice 20 he elected II each Circu-said Courts 10 be
be n ;;:c places and such tines ray b. author
z.d b law These Judges 70 hold Circuits n the sev
e Counties OF the urate and preside IN te Courts
OF oyer and Tersiner. and provision rnay DC made
--herebv Presdea; OF Common Pleas Court could
trv AZ. issue ioinci IN the supreme Court
NJ Woriea provides separate Equity Court a Chan.
csrv OF three Judges Equity Court OF Appeal and
leaves the Legislature 70 give such o:!sna! arsdc'
ton a. j; may think IT Tie 'ejustccs OF the Equity
and Srprsrle Courts u De- elected % general ucS
a. and also the side judges II Equity each OF them
hsf the state The presiden; judges ofihc comnlnn-
rea- Courts have ChaHcery ursdlction' Nothing
! SAID preventing any more OF these cclly eNurl
nations by subordinate OF the Chanctry bench from
presenting merchants farmers and manufacturers with
$500 and 5000 bills Of costs Tor examinations oi WIZ
ne-ses only IN single cause.
lie allows the Legislature 10 provide That the Courts
OF Common Pleas shall have exclusive i-!ns urlsdic
con n actions & tort wrongs md injuries and IN AL
RAJ actions and IN suits and proceedings relating 10
real estate and that appeals and suits OF error from tue
iui ,rrauf OF such courts such actions and proceed
rs shall be brought TO the Court OF Appeals " also III
all other ca=.s Now this apparently provides
but Tor one apye-di-ect from The County CoHrt. ably
Constituted 10 the Court Of Final Rcsort-and II 30.
Ike it establishing great principle Il would work
utse Court cgp,Gd 70 GS 50 constituted cS % Be co TO
,r1HsGc: 81 NE business .fTrsf % II
lie would Leave TO the County Surrogate besides
ployin- him az a County Judge. certain duties dc
yo!viu- Master IN Chancery, and IN Examiner
Mr. Wordcn also. by the following section, adds his
important testimony. "a m experienced lawyer, Of deep
10 The way Of; a-siulacng and simplifying Equity and
common law practice
The Legislature may provide, by law fpr transferring
the Tie powers and duties OF the Court
Equity, ASp AsstNiLArtSC ANo MNStSG UNIFORM
rIEADGNCs AND PRACTICE IL LEGAL AND EQUITABLE PHo
CEEnINCs; aud that the Court ut Equity shall have such
powers OF Court OF Common Law u shall be deemed
peGieni AND THE LEGISLATURE ;AY PASS LAWS LIMITING
AND REGULATING APPEALS S$o WITS or ERROR, aud for
referring piradn.s aud practice of Courts Law and
Equy aud for preventing the sHy OF Executions where
security FOR restitution given IN OF Wrii. Of Error
Appes.s."
This Is an admission that Law Reform IS wanted IA
the bond FOR restitution, II involves very important
considerations.
Final Court of Appeals to he composed OF certain
judges OF the highest The licensing of lawyers.
by lawyers. is required and Courts OF Cancellation
toned.
Mr.. WoRDES moved 10 refer his project the Judic
AIRY Committee and remarked that II the Convention
adopt the system bctor. sntanged confused.
uncertain, and without precedent and experience, an
other Convention would certainly he required in five
yeRrs
Mr. Russell said. that unless some such plan that
of Mr. Wordcn were adopted, The people would not be
satisfied. He would move 10 prin. il
Mr. brown moved the order OF the day which stopped
the debate that subject
Some of the Chancery iunctonaros have short
fulfilling the orders given them in the Revised statutes
| More that hereafter. X.
P. S.-If this Convention should prove failure this
city will gel not very good name 10 It's influences