New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-09-27

do NO, hese 10 express our conaenoe that thsrs are
very f-s In the legal profession. however vrrposs>ssed
sysssrn who VIII not agree with q eass in The thst
tncs- dtcultes and EMBELLISHMENTS ofteu pfoduc
i've OF The most garng INJUSTICE In the dessrminsnoo Of
legal controversial
The learning With which cur booAs are nllsd H. In .
great messure made Up OF aseusso.s OF qsesoss very
remotely II they can be al all considered - bearing
upon The real matter In dspu,r and thousands OF re-
ported esses AZ. nov Pr,ented Ia the lawyer and ID.
student - the solrces 10 which With the aid II eem~u
tsy works and dts,-,s, he resort ~ be would
cure "a, y, ds rs'sndins Ill 10 Say nothing u thor
oosn ooc oil The rus by Which be govern himseh
In the meie formal business VI suit OF the ysss mum.
ber OF contradictions tn Judicial nstson upon
these subjects which continually pres-bt the mselves
both toe Oar 400 esncn seerevrr the stem prevss
hsve united 10 loud and bitter compsiot Tie kxssia-
i've power has been over and again exefed " re-
move The evil and hundreds Of sssues have be- psased
modifying amending or serosssios poruoos Of The eye
tenn These turn. have led TO r~nescd discasssoes
and 70 new constructions not always IN harmony With
the spiri, Of the legislative will and what 10 more. sos
Away eonsist-nt with themselves
We feel assured that NO op~ no 10 In the ie~ss fsat
liar with the subject will contradict what We have said
and vet there many ~hose opinions ere not - b.
lightly regsried. who suppose that revision and COO
denssuon OF The branch OF lrsa learning and r~doc-
OF its principles % series Of rulrs psin simple
snd u,rhslbe In language and arrangement and con
veprnty accessible IN icru 10 work attended win TOO
much danger TO justify the sempt-snd that syssrm
OF amsHsmeai Is the only vice or practicable eourse
The conclusion OF our minds has become otherwise.
With becoming respect for the opinlons VI hoss who
differ from can discover neither WELDON nor sx'
p~repce IN the ises that smplncston OF the existing
stem can be effected by introducing into serics VI
di.oic,sd amendments or alterations. The experience
OF tho past sbundsnty s5mouishes us that such course
would but add a. the confusion which undeuably al
ready sxsts The amendments would necessarily call
for judicial construction. The discussions upon them
would OF course involve % oil the existing
learning on the subjects comparison OF the ancient
rules with those OF more modern or'sin-lesrned and
abstrus, nyesgs TO the evil simed at by the 10
gi.l.urr and of Judicial decision which. uf the
practice OF the past furnishes any ground Tor spccus
ton as the fu,ure) may not always BE- found 10 ec
cuusistent with the statute with itself
la these observations discsim any Intention 20
redec, either upon those who have occupied. or who
now occupy high Judicial positions but Al the ssm"
time ieel bound cay that there have been Jadses
who have Effected 10 regard sny legislative Interference
With established forms as neither ~ise nor expedenl
aud have felt themselves usned In Swing the mar
lowest construction and the slightest possibls effect 10
slAutes smendstofy OF - they have been sometimes
called drosaiory of the Common Law such course
of action lbs result Of long association with insuiu.
ons which have derived their chief srsctveness from
thclr antiquity and of = generation Tor forms with
which they have been made familiar by long OF
legal training and experience II tendency inseper
able from the character OF the human mind, and OF
which VIZ cannot be charged Nth dsspect In speakog
a. We have when have the high authority OF Sir Met
thew Hale for its existence and its peroicous operation
By oug and custom that Judge.
especially that are sged and have been long edu.
Gated To- profession and practice Of the law contract
"A Kind Nt rsrtOus kcusfstiou VI ptluOu Wuat
lust and reasonable They tenscously and vigorously
maintain these very forms and proceedings and pract
ces which though possibly At bret they were reasonable
and useful yet by the very change of matters they be-
come not only useless and imperfect but burdeosons
and lnconyanient and prudcia 90 tho justice
and common good OF mankind not considering that
the forms aud prescps OF law were Introduced not Tor
their sskes bur tor the use OF public lusnce aud
therefore when they become nspd useless impertinent
and possible dercsstory to the end they may and must
be- removed
asinable from the adoption IN form, ot new system.
we have the assurance oi an uniform aud hstmooious
basis OF construction Instead OF settling both the bench
and bar aiOst upon OF embarrassment such ~ Va
have suggested, from the adoption OF plan oil dmsrd
mint merely think safely promise ourselves
and IN. public some relief from at least portion Of the
existing difficulties IL To- indeed net 10 be- denied, that
any system new old. will constantly call Tor Judicial
n.ructiou for the reason that 10 will constantly
oura iudcla enforcement aud application. But II Il
furnish 40 a new should and must tts own standard
sni rule of construction and II II bs taken ny, - No
cannot doubt IL will with disposition ON she part OF
th. courts To deal with literally and isrly 10 give
iul effect and bring Il into perfect aud entire op~rs
ton ss a whole think venture tho prediction
that the pers which invariably, In theory but nor 90
universally In practice, attend every new undertaking.
will b. found Ia this Instance 10 have been overrstsd
In what VIZ have thus tar said. We have treated tho
question whether We should recommend u new system
of practice and pleading, or merely suggest amend
pen. to that which exists II Ut liberty ~
.rmns this question In the nfN Instance Tor our
selves We have done for ths that la the pro-
sess ot our discussions we ten called upon 70 'nquf:
whether tho language and intfnt OF tho constitutional
provision under which va were appointed authorized
or allowed 10 beyond system of dmsndmsHf mere
ly BY reference TO that provision We think VIII 6s
apparent without resort To forced liberal con-
,irueon but tho plain import 81 tho language ussd,
thst IN. Commission 10 not only not restricted In THE
respect but the View W. have taken of tho mode VI
/ performing our duty 10 CLEARLY cDJoned upon By
that provision the Legislature required 10 provide
tor ths appointment vi three Commissioners whoss duty
she'll los reris r|rm smPtJy aud sordss tho rules
aud practice pes1ipgs forms aud proceedings of tho
courts Ut record Of this State, and u report thereon 10
the legislature subject 10 their adoption aud rnodihcs
ton from tune o. time" (C0nst AT D, Sec "a Tbs
term, there used "rsutse reform simplify asd abrdSs
SO ar. the must com rehensvc which could well have
been adopted and II any doubt could sfss ~ 70 their
upon the most retned verbal oritcsm tho
answer 10 furnished by the action of tho Convention
In relation to that branch oi this Law which 10 not
pretended within the duties devoved upon THE Com.
mission We rer H. the seventeenth section Of the hfd
article which provides for tho appointment Of Connie
sonsrs whose duty IL IL made 10 reduces into written
and systematic code hs ~hos BODY vi tho Isw vi ths
state OF 50 much AID such parts thereof ~ thsm
sbsll seem practicable and expedent"
ID.erniDg we do, that tho duties OF that Connie
.on yoye the whole subject of r,Ss aud that those
Imposed upon have reference 10 those Of reSsdiss.
readily suppose that was the intention oil
ths Constitution provide Tor the codhcaton Of that
branch of tho law which founded mainly upon
principles OF natural Justice. and therefore moro DIM
cult VI reduction a. tho form 81 code aud ri tbs ssms
leave thG prescribed rhss of proceeding " remain
In the scattered confusion Ia which found them,
cent No thoss defects might 10 rcmeded by equally scat
tered and not less confused amendments In support VI
THIS view slsO think may confidently reior W the
sanction which tho Legislature have given ~
structon OF DUTIES BY the provision contained In
the eghth section Oi tbs act by which the Commission
ers we're appointed requiring thsn ~ provide for ths
abolition oi tbs present forms of actions sud pesdings
In c.s-s 1T common law for Uniform coufss Ut pro
ccaing 10 s .ses whether Of l~gs equitable eogBi
z.na. and Tor the abandonment of all Latin and other
foreign tongues. TAR ths shall W them bs
de.rnsd prscucsbie and Ut any form and proceeding
not necessary h. ascertain Or preserve the nights of tho
parties
For these reasons wo have come 10 ths conclusion
that Il Is duty and happy " sdd that s u
lsss our inclination " recommend tbs smplncstion u
the rules Of practice and pleading By providing new,
and Tar plain. simple and nthsioe sys-
tem 10 doing so far from Intending ~ shut our
eyes ta the light VI experiences but shall gladly avail
Ourselves Of such PORTIONS Of ths existog ssem - On
pcrencs has proved 10 be- clesry useioi or 10 other
words essential 10 tho preservation and enforce
msnt VI substantial ngbts.
The next s-p dso ussons tbs consider stion
Of IN. subjects which should b. embodied Ia the pro-
uo..d sy.t.m Upon this trsnch VI our labors, No
have not a. yet able ~ ADOPT liked order Ut
rabseent ou, prepared " say that tho follow
lng subjects wi bo acted upon in presenting
roeudaIions ~ The Legislature