New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-09-22


We had cheering news from Albany by ieie
graph Yesterday Mr.. Nicholas Hill Jr has re-
signed his appointment as one Of the Commission
ers to Revise the Legal Practice Of our State e~-
pressy on the ground that his colleagues Messrs
David Graham of this City aud ArPhaxad Looms
OF Herkimer. are too sweeping Reiormers, ana
contemplate recommending an entirely new and
much simpler system Of Legal Practice instead OF
merely tinkerine and patching the Oh one.
Wbereupon Mr.. Hill asks to be excused from Tar
ther service on the Commission and, although we
do not recognise the validity OF his reasons, we
hope his request will be promptly and unanimously
acceded to- We say this with profound respect for
Mr. H. whom we know as good lawyer, and who
has doubtless acted as he deemed right but we
have strong conviction that his colleagues, not
Less able and sound than himself not only mem
right but are doiag right and that the ieryent good
wishes OF nine tenths Of the People who have ever
thought on this subject with them and VIII sus
tain them to the end. From Mr.. Hills letter aud
other sources we understand that the essential
differences between the majority and minority OF
this important Commission as follows
/. Messrs Graham and LOOMS hold that the pro.
vision of our Reformed Constitution which aboiisbes
the distinction between Proceedings in Law and
in Equity is to be aud may be carried into iu'i e'-
feet ia the Reformed Practice OF our state Ihey
contemplate a system in which there shall be not
merely no such diversity of Tribunals as hitherto.
but no such diversity Of Proceedings either but
Law and Equity be, so far as human imperieetlon
will permit, one and the same thing.
Q. Messrs Graham and Loomis propose to do
l..
into several species classes distinguished b the
terms coreaant, ossHmpsn, tort, t'essPass, f'0rsr
fysspnss on the case. sc. Sc. Under the present
svstem. one man sues another for n sum Of money
Justly due him. bu, is defeated in his action and
subjected to heavy costs because be Tor his lawyer
has called his action by one OF these names aud
the Court rules that he ough, to have called It by
another In some cases, the first Courts ruling on
this point is overruled by the next above, and that
in turn by the next and ON TO the highest
where. il the original form of action happen To be
sustained. the creditor will have been kept two or
three years ont OF his Just due and spent 1t all in
getting il and, if his lawyers mode OF procedure
be overruled, he will have lost his debt and good
deal more.
Instead OF the foregoing the majority OF the Com
mission contemplate one simple form OF action with
declaration setting forth concsey and simply the
amount and nature ofthe claim--how the debt was
incurred, and the refusal or failure to make pay
ment To this the defendant is TO reI0in as
simply aud directly. stating the ground OF defence
and To what extent, if to any, the claim OF The
plaintiff is admitted. The issue remaining to be
tried will Toe simply what is affirmed on the one
hand and denied on the other
OF course, there will be some temporary IN
convenience to lawyers either way. in consequence
OF the changes required by the New Constitution
but it 10 believed that there will be less under
new and simple system than under patchwork
the old and the new. We hope at all events INA
the Commission will proceed promptly and Vleo'
ously to perfect the details OF a Reformed PRAGUE
-on the principles already settled and that te he
Commissioner 10 be chosen IN place OF Me- nm WI
be prepared to cooperate with heart and hand
the good work 90 auspiciously originated