New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1849-02-07
NEW-YORk TRIBUNE.
code Of Civil and Criminal Procedure.

sxoerienceG iurists 70 improve the La" "-' ~
,glv Judicial Practice. Nothing can be clearer
,bsu that the more you increase the scient'nc
nary without labor and trouble TO manhinoj %
me methods whereby abstract law is app"ou ~
the Judge 20 each recurring case that comes Oe''''
,.,, the more YOU increase the value oil every
,,n.s rrooerty. The Commissioners on ffac'oe
- PLEADING keep this great object stesniiy 10
,ey. Their first, second, and third hepol's' anu
.e Code of rules which they have pfoposeo 10 'ne
legislature. show that they have carefully ioo"eu
;.,o particulars, examining the modes IN "n4cn
- g administered in various countries anil me
JU.oferpense By adopting the inductiye plinc'-
Il. IN their Investigations they discover important
r,,e,sl truths. and prepare society for warfare
su.ios, the mysterious. diversified and very tj0l.
~ mo5esof administering the Law which prevail
non, Courts. Ifany one mode now muse Is night,
are not the others wrong Why should there be
.we,tv WAYS Of doing that which is common TO
every Court il the method laid down by the
Commissioners is scientifically correct the other
methods are certainly wrong and one conse-
oience Of using them is to lengthen lawsuit and
sxe bill Of costs, protract case, harrass all de-
,oodent on the final result, and often times to en-
able keen knavery to employ unprncip!ed and
needy talent, wherewith TO battle justice and fair
dealing.
Among the four reports OF the Commissioners for
this State, there is one ON Criminal Practice, with
scomplete Code OF Criminal Procedure, which 1t
will be the duty OF the Legislature at Albany TO
consider, adopt, amend, or reject for cause this
Winter This Code marks an era in the science Of
the Law. If what is done is well done our State
will have conferred an inestimablc benefit upon
the civilized world. Already the British and Com
tnental journals, and leading European law re.
views. are considering and commenting upon our
proceedings Of last year, and It is proposed IN Lon
don that Board Of Commissioners be sent here 90
witness the effect Of our improvements, and to
report thereon.
The Commissioners On Pleodings have divided
their proposed Code into eight parts, embracing
lin a6l sectionsD general definitions aud provisions
relating to public oicnces-the Courts having orr
cinal jurisdiction OF civil actions-the prevention
Of public proceedings IN criminal actions
prosecuted by indictment-proccedings m the Pc
Ice Courts-special proceediugs-and costs IN
criminal proceedings
.tbe whole course Of criminal procedure now m
operation, to supply It's defects, to correct its er-
rors and abuses aud 10 substitute for the existing
system Of practice one which, while 1t should be
Inst in It's principles and simple IN ITS details
should emb0dy the entire regulation Of has br0nch
sot prac zee. whether founded upon ancient aud
'unwntten usage, or governed by statutory en-
actment. Following close upon a quarter OF a
century in our State annals filled with the recorded
uiumphs Of sordid monopoly and political mlsrule
IL will rebound 20 the honor OF the Wings OF New
York that they were instrumental IN originating
and periecting real reforms IN the Courts-the SIM
pliiylng of legal practlce-improvements IN winch
the example of New y ork will be speedily fol
lowed on both sides of the Atlantic. Who among
us but must have bushed, some years since, when
Mr. Recorder Morris, in the City Hall appealed
to the unrritten lac as his authority for certain
memorable judicial acts, while the Attorney Gen
eral, up at Albany, declared there was no such
unwritten law to appeal to- and when the matter
came before the Senate, the Democrats to a
man. justified their partisan, while the Wings,
with like ediiying unanimity condemned him
Ignorant, foolish, prejudiced or unprincipied
Judges, will give bad decisions under all conceiva-
bic forms OF procedure, but the rules OF practice
have everything to do with the practical eiiicien-
cy of Courts, ,cith the time occupied and ruth the
money syeaf IN each preceding and those again
have great dealto do with the value of the prop
erty of the entire community Hitherto young
LAWYER has had to 60 into tins Court and that, and
SIT down from day TO day to observe how they get
along; what is the usage, the peculiar practice,
the mode, allowed or prescribed by the Judge, OF
doing business-no written rules could guide a
tyro As well might polite Christian endeavor TO
find out the ceremonial at 81. Patrick's Cathedral,
by reference to what he had seen at the Greene ST.
Meeting house or the Jewish Synagogue, as a
lawyer who had practced only IN Chancery
Court, find the analogy to its movements IN the
doings OF the Supreme or Superior Courts. Even
the Judges themselves have been constituted by
law into boards OF rule manufacturers and the
more they multiplied their unsoientihc precepts
for the guidance Of the Profession the more trouble
and confusion did they bring into the Practice.
Now 5 the time for a remedy, and every lawyer
who is Justly proud Of the high standing OF the
Empire State. should read the Code carefully
point out tItNIs IT SUN NuNAN oANf 49,
rendering this great work as perfect as possible
The Buffalo Commercial approves OF the suosu'
tuition OF English Synonyms for the Norman French
and attn phrases commonly used In legal pro-
ceedings, but would except the writ hGbcas corpus,
Awen known preoept for delivering person nom
false imprisonment, or removing him from one
court to another SC. which the Commissioners FOL
loving the practice OF Lsvoisier Fourcroy' and
modern chemists generally IN their nomenclature
have described in such language as would give the
dearest possible idea OF their nature. They woa'c
call IL the writ OF deliversnce.
As the words h0bcas corpus are good Ensisi
wide Websterl, and as the glorious struggles
during coo years for the rights secured oy theu
precep, thus named aud known' are recorded u
history purest and brightcstpaSes, We would lS'
70 see this one exception made to rule whicl
eannet be too strictly adhered 20.
The American lawyer. with some rare eNceptot'
Of the few who have relish for antiquarian resee' On
(ssys our Buffalo eote mporary) II Norman trenenl
only knOwa by such phrases ron dire csai Cue Ns
and the Ike which with host OF Latin phrases, arr
how doomed 10 destruction. We have not one wore
say 10 bthslf of such Latin ds hOsc repSStGn DC
The whole tribe OF d. bfnc qafrt cGa