New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1849-02-01

Progress of Law Reform st Albany.

Many years ago the lawyers Of this State were
in the habit Of bringing three or four separate &C
tions in the Supreme Court note Of hand a
bond. or other obligation 20 pay sum OF money
and also Of making out as many bills Of costs ore
against the accepter, one against each endorser,
&c. De Witt Clinton advised the Legislature TO
pass law providing that all parties liable to pay
bill might bring in their deienses under one ac-
ton: and this statute has already saved to the
business public several millions Of dollars That class
of lawyers who now ssssl the reports Of the Commits
sioners on Practice and Plesdngs attacked Governor
Clinton with degree Of bitterness seldom equsled
but ne enactment uasHer0 rtpealtd
When the state Convention proposed law reform In
earnest in 1876. The Tribune was among the presses
which sustained the movement, which hsd among its
advocates many Of oar most nguished lawyers the
pride and glory Of the bar Fortunately the smPlih
ton of the Code Of Procedure fell into good hands
Men of acknowe ged ability experience and integrity
undertook the task the Legislature Of ls4s, deeply i'm
bued with the split Of the age in which we live sus
tanned the enlarged views of the able statesmen who
framed the Constitution and already the benefits Of
so much of the Code Of Procedure as has gone into ei
feet begin to be very generally felt 1t will be the
fret Code of Procedure made In country holding
the common law of England, aud will confer honor
alike on the State and on the learned complers 1t
must greatly diminish litigation for plain and straight
road 10 Justice Il surely less tedious than crooked
path some twenty years length it will make justice
more speedy and certain and when completed, it will
supply our ciiizeus with INTELLIGBLE body OF law
for every branch Of legal proceedings OF course there
10 opposition up Albsnythe gains of the craft are
assailed and Great is Diana is their war cry but
is not the Wing majority Of well chosen representa-
tves on the single District system that will mark the
year ls49 by flying 10 the fce Of the requirements OF
the supreme law and stopping the progress OF real re-
form. The r0rk ptH go on.
Let the reader his eye over the enum GRAFTON OF
gross abuses In the Courts Of this City, set forth IN the
Report the delays the absolute densls OF right and
Justice and let him also observe and consider how
carefully the fitting remedy is proposed to be applied
Yet there are those who would thwar the design oil
the Convention, though approved by vote OF the peo-
pie by closing the Commission next April
The part of their work embraced in the third report
relates to the Statute Of Limitations applied TO real
estate the delays and denisls of justice revision OF
the law as to prerogative writs-absndoning law Latin,
and substituting plain English instead wrs OF dev-
erance and provisions for insuring more equal ds'ri
button Of jury duty among the citizens.
The second report embraces the draft OF an act add
ing to end amending the statute Of last Session The
fourth report have not contains their Code OF
Criminal Procedure and occupies 263 pages. The enc
mics of law reform propose to evsde farther amend
ments by transferring the continuance Of the duties so
faithfully performed ty Messrs. Graham, Field and
LOOMS TO Messrs Worden, Anthony L Robertson snd
another with private instructions, is presumed, to
use no greater degree of haste than has marked the
PROGRESS OF the Substantive Code.
The parts OF the Code Of Practice yet to be written,
are the jurisdiction Of the courts proceedings in sur
rogates courts the functions and duties Of Judicial
officers, including sherfis coroners, referees and
clerks the discharge of insolvent and imprisoned debt
or the enforcement Of liens snd the law of evidence
Before the Code be put into the hands Of the people
in that completed state In which they have right to
expect IT, these parts must be written, and the whole
Code then arranged in volume with convenient
mode OF notation and Of reference from one part to
another. That being done, the Commissioners believe
that the people will not be disappointed in their eS
pecistion OF receiving real complete and lasting re
form in legal procedure
The Commissioners recommend the addition OF three
Judges to the present Superior Court also the cleo
ton of Special Judge to preside Court Of Con-
Citation In this City.
Annexed is an official picture exhibiting the snslise
pace Of the Courts with thousands waiting from year
TO year TO be heard in City thst they msy seyeTAy
re, q decree for their right
CLERKS OFFICE, CITY AND COUNTY or NEwioAx'
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