New-York daily tribune., 1849-01-27
Easier Modes of getting a Remedy Ia the
Courts of Law.


The Common Law, as it is called, has much OF
mystery about H. and consists of million Of
decisions by British udicatures from time immemorsl,
and opinions or statements by old law authorities many
ofthem being OF the opposite and conflicting char
,cters With II mixed up many foios of American stat
u,e law decsriug amending repeating in part solving
doubts explaining sc. and tho practice In the Courts
IA psrty regulated by custom and and partly by
statutes often conflicting with said usage, and is some
times obscure and of very doubtful construction. IN
short notwithstanding the able commentaries OF Black
stone and Kent the Common Law Judges, here and IN
England have generally been able TO ind legal prece'
dent somewhere for any possible crime they chose to
edopt Some srest lawyers say that the Common Law
ls all written others that II isn't the NewNork Con
s,tutopa Convention resolved that three commission
ers since appointed by statute a; salary Of $500 per
annum each should revise simplify reform and abridge
the substantive law and that other three should en-
desvor g. codiy and reduce 10 order the practice in
the Courts The FIRST three have not yet reported any
thing of consequence but the commissioners OF prsc-
tice Messrs Dsvd Graham ArphsNsd Loouis, and Ds-
vid Dudley Field have proposed those vast important
and beneficial changes which the Legislature sanctioned
last April
On the Let OF July asst the Code OF Procedure, Hreme
dial system 10 Equity, came into operation in the
Courts and tie old mode of Common Law plesdings
and practice ceased to exist An act OF 39l sections d.
vid, INTO pats for the regulation OF civil actions
only. H. thus tar sdupeo Future parts VIII embrace
ri,nnsl roc, dure regulations respecting the Jurisdic
tcn OF Corr a. the rules Of evidence and s proceed
ings not actions, clsssed - specisl
some OF the alterations from the old Law practice are
follows
A written acknowledgment, signed By the party
10 be CHARGED il necessary to revive debt barred by
the Statute OF Limitations. p II extends exemptions
a,st af.~Is4 NJ
chief injury except hen the defendant 10 nonres
deut or about leave the State. 3 Ii requires Psin
"a 70 give security for defendants costs sud damages
on Supplying for order OF arrest L. II allows oe
post Of money instead OF bsl II provides that no
suit shsn sbAte by tbs death, marriage. Or other dis
sality OF party Issues Of law snd fact may be re-
ierred TO arbitration the parties may select from 'ne
community the nnsi judges OF their coutroyersics-
= All tees and restricting snd regulating agreements
between counsel or attorney sud client are soohsoeo'
but tAe successful party is slowed sn indemnity RON
MS opponent 3 Parties differing tnsy submit case
outnninr the facts siadavt the Court is 70 hear
and determine the matter, without c0sis sno
20 be entered up y A party may not Put himseil GA
the stand ss wi;aess bat as psrs may be esiea IS
witness by the adverse party snd examined snG nus
called ~ slso testify his own behalf IN the mat
Ter lncspseity OF witness from interest," = abolished
10 A. the Code allows but one form OF scuon, II pro
vides but one mode OF commencing H. - ssTctlt y
s.sra0ns 1hich pocs requiring defendant 10 serve
copy Of his snswcr On plaintiff within twenty days
n All persons having Interest In the subject OF the
ioined rs plaintiffs any person may De msde party
defendant who has any interest adverse TO psint4f
l2 The only pescings psinuh compliant defend
snts answer or demurrer, and plaintiff reply 70 the
answer IS As general rule every allegation not
controverted by the opposite party shall De taken
admitted as to the sct but not As % the legal edcct
q The complaint must clearly and plainly state the
f.r,s name. If patiess demand OF the relief wished for
sc. Is All plesopgs, except the demurrer must D.
versed By The party OF hs ssent TO- forms oi PeAo'
,r yr ~, rec6suiYsd the Court msy ~ any time
form the plesilng to the facts proved y. Iris :. e
tser bv court BY Jury or by referees - e0aseei all
issues msy be tred by referees or oy zoe o.use
merged ia the criminal 10 The lapse OF twenty yeSt'
is sde an absolute bar 10 scton on sesieo in'u
~ 10 replevn. defendant inSJ fe'S1h P''P'i''
pending the suit giving security
Codhcation Of the law with cesrness simplicity snd
per.picuiiy Of style has been earnestly recommended
by Benihsm. Broug ham. Romily. Macintosh aud our
Clinton. Thus lar. the attempt has been sosn
dAotly successful H. ;.