New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1848-03-17
FOR The Tnbnne.
Cnsie Of Procedure.

Practice ard Pleadings 20 the Legislature al I'll
aresens session at Albany.
The work contains not only plan for legal prac
sics ard pleading, but sro Commentary and Notes
m a, c practice and plesdnss 81 Ccuts. which hsy'
-. r along time the disgrace Of jasieiay hu.
- "a. come a, last and We EIs fully impressed with TN
s..f that the reforms proposed by the Commissioner
,v ali the praise which has been bestowed upon then
scs every quarter. The Commissioners have done well
"a. s.t,,r N we xerc led to believe they would DO con
...~,,. IN. circumstances with which they were sur
,r,n.rd To q candid mind we have only 70 AK tnA'
a.. nru man may be reai. snd then me ola ore CON
u~,ss ans we have no but that the new code VIII
- .<,r,ci one OF the great obstacles 10 reform hss
.r nan fsurd In the system az the JUDGES OefAs'
"a ans Lawyers taking fees or rather me pfveseo o. AZ
shese eissses getting compensation ioi tne pusne
- sw hy the number Of words they could SUI
,-, their prcreedrss We now have case ~hsfe sie
ree h,ard the cause and his fees cane 10 ABOUT Ely
as for the bearing Of the cause ana @ Of o"s spa
ara ana fly dollars By charging at the rate OF 70 cent?
,,o IN every one hundred words aud l2t cents copy
and above his fee o. my ,O ,s IND
far hearing and reporting on one csase beside clerk less
e,Ses fees sherfs fees and lawyers fees Tne attorney
snd eocnse this csuss will ger about ''nreen aos S
All their sbcr the hearing before the referee aho Inc
referee will get two hundred dollars
surn syster, needs only 10 be exposed 70 woff re-
firm While believe fully In al the REFORMS sngsss sa
- ss ss.ss viii tie belief thai Of their plans
sss Imperfect Take The case o. chapter ,, see'''H go
Nov We are not ali converts to the doctrine that
srss referees are a. 70 the the
RoIis and the Vice Chancellor, In Enfsbd can each
bold Court aPaass and pass upon millions 81 proper
daily, we DO no: how sddins two more Lord hish
Chanselors, two more Master, Of the Rolls ana W.
r,or. ycs Chsneelos 10 each bench, could ben.h ne
law or tSsir decsona One rcjsree Is sufficient TO dsode
any esHs and ~hea We pu, 90 IA Ives ms two
saers ehsnces that the report will be set aside
The ices that incompetent men are TO be appointed
rsfsrc.s ava that every Is to be lawyer by IN
,aton 10 just as absurd suppose that printer or
SO0k binder or lawyer !, to take the commsna
md hrns the shp toto action all without airy prscce OF
sxpsrsrce to suppose that every mar e TO be BIS o~
isryer He might well undertake 10 De ms own mir
ar hi, o~n shokemster, bis own baker and tailor
Oos referee is enough Ia all cases, and hs should oe
osnpsfen nsss-s man OF edues',on snu
nan of character for truth, sandor, vescy equity ana
We viii and then no difficulty in our law Gates before
referee The Comm ssionsrs have also suggested plan
Of ssbmit'iss ess BY statement OF facts ssrsea upon
This il fou nd At Sec SIS This feature is good one
eu, the csse to be first printed and contain
the original ssnsuIe Of each party before It niea VIII
The Section 10 regard plesdnss page l47 imper
feet The complaint ought to be stated by articles NO
and snd ~ many the fscts Of the case may
rsasire The of the answers 90 lhst each article
shs contain distine aud positive allegation whis
he join issue and confess demur to The
zane Then again there be possible nssd Of q re-
pliesiion the answer any fsrthe! than whs, will form
ought 70 Be made positive by the oath Of the party him
ss or come satisfactory excuse given why the 'ames
Sec. iSs appears to be imperfect in this respect.
Bee s5 to have omitted ode strons feature which
psrvpes al Codes OF Practice found cviizrd ma
;iops We slluds to The OF person contracting
aeb< In Alercs aud departing the country forever The
coeft Of Equity vii now bod saen pe9n 70 os gs
Nd guilty be both abolished and consolidated 10
he re. Code Of Practice such pcwss ought to exist
have wish imprisonment on contracts revvec
bit when party contracts debt 10 New York and then
Doss Turkey, never 70 return some power should sxs'
io secure sech demand TO creditor.
Al See M the issung OF execution sppesrs TO US TO be
IL Attorney II 10 Inst this s very loose wsS
Il doing business. i
without reference the clerk except to seal t. Now
humble alignment execution ought to be issued
~ssrs The aose.e and the CLERK also
sraht certify the 10 due mentioned in
the execution and the time no ior which the Judgment
There Is strange sruy At least in regard to the
Assistant JusceS Court In the City Of which
has jprsdictoo siyen to IL Tor only fifty dollars az com
Par with Coarts Of Justices Of the Peace 10 the country
Thee persons mostly uneducsted men. and " they
hold Jurisdiction to the extent Of svins Judgments for
,ns adsed dollars a. they now caa certainly com
pstsn for the Justices Of Ward Courts TO try suite
sdseafed to the profssou Of the law The Ward Courts
In NswYork ought TO have Jurisdiction 70 as great al eS-
i:ss :. Ia'sss Soaf, ,. tSs 20
nents Of hundred dos all cases of contracts and
sctcss srsns land while Tor the actions arising
the high the jurisdiction 10 unlimited in amount
Why this distinction II person IL assaulted in the
street with hsndspke, his case 70 far less complex than
whsa party assaulted with hsndspke on board OF
ship sea- and frequently eutsnged with the question Of
the powers and duties Of officers aud board Of
cs the
q too Assdsd and dollars for all arising on land
that II: commoS Pies. ana Superior Court. Of The City
Of NewYork have both become branches of the Supreme
81 oar Lssisaturs They oiled up with business and
sutoss eossed BY delay and the Marine Court ought
large clsss Of for tespsssss and contracts
which delay the other two Coprts-
Hitherto, when applications have been made 10 the LIE
stas 81 the sat. to sas. the JSr' ,h o. 'Ss
Of adees and osrks the supreme Circuit Superior
ana Co. %Ss rss en- ss 's NJ s hon, sS ,ss
shall have no opposition from such quarters As the
Zee system has been, on ssHr TO BE- abolished
Provision 10 made Sections 237, 24s and onwsrd, by
the proposed Code to reach the Indebtedness o. third per
soss 10 Judgment dektcT This provision Is entirely
that the remedy Is DOT sufficiently extended Why not IN
al cssss OF suits apon prommssory notes, bills Of eN.
sssA .at when sworn TO By the painti as well Ia sc
tons fer goods wsres and sod and delivered
fssdsaf In the suit be summoned and made party TO
and pay the amount Of his Indebtedness to the
"a sssinst the defendant We need sseh provision TO
collect dsbts and speedy aud ehsetus one IL would be
tsskmsnt 10 our Lesslsturs they will find many pro
visions in that treatise which would be OF practical aud
sssfal application to our laws
Theirs b fcuad Sec IS OF the code provision IN
regard 10 the OF actions for the recovery Il
real property. We sorry that the Commissioners
soopsd with the Law In this particular they found it,
my psrt Of code needs reformation 10 that part
snd assertion Of the Revised Statutes Chap part 81
wherein declared that the people OF this State will
- Or tnpsad sny person for and In respect TO any lands
teDsoenss, hsredAmsn,s for the ssues and prods
thessos By Of any sbt title Of the said people
80 The ses unlsss sueh right title shall have
nn twenty years before any suit other proceeding
Tor the ssns sha have been commenced
We DO pet believe In tie doctrine that b.eaus, man
sha nave oen sncs bsiorsaf TO the State that he hss
than he he's the fifth tcah aer he cot hem into bis
anlswu; possesson 10 opinion and we never have
zen any samsnt to the sontray that such person on
he twentisth ssr.enuy 10 twenty es big thief As
y the krst after he got HE unlawful
Ass and lspsth Of possession 90 no: bar the wrops OF
,seAt not TO- and do not hslisve 10 the doctrine of
imi ting the rieht to invessifste mans eriEDes
The Commissioners have made very rapid sdes 10 their
sDorf against the old abuses Of the suds sysems
pFsscs and laws handed down to us BY our Norman
Tho notss their report are not the least vaes
lie ysrt Of H. We hope and believe the revelation
lasleious, begun will not 70 backward We have great
oso4sses In the Intelligence and good sense OF our pre-
ent Leeislaurv. Tn das has yossd for honen people
. esf tksv dsss I. part al isasf KENT.
KIDsAPpKR TAKrS.-A man named Elishs
kfkmAn sold negro boy OF II Is years Of age. re-
oat,v Al Wiiminxtop q for a325 Tbe boy had been