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


Thst there should be Inconvenience. resulting from
these changes, was inevitable. The former prserce
with al It's incor grues and expressions vss srisr
10 the bench and the bar Much OF i consisted Of ar
b.trary forms which clerk could use. They VINO
had mastered il In youth bad forgotten the disia'e
with which they then regarded H. and bad come 70
consider i a. something necessary and unatersole
sudden and total revolution in their art change 10 Al
their hsbitudes Of thought and practice, the double
need o; forgetting the Old and learning the new ooth
difficult best and next 10 impossible In eerisin
class Of professional men the necessity Of increased
vigilance and the harder necessity a measuring tnefn
disadvantage with others, having ess 70 IN
learn and more power % earn al these causes "ouo
necessarily make new system unpopular VIE zreal
numbers Of the legal profession and no ineonsas'ss
portion Of the judiciary.
rms, however /. not Al argument sgsinst the
change II only proves the grestness OF u II II nah
been less complete would have received ess OF cen
sure II Il had met with seners eoflnenos,ioh 's
would have proved il vslueess By showing inst y en-
countered DO prejudices s1d opposed no interests
That is revolution In legal procedure - certain shd
il equally certain that that i precisely WAT Na' re-
CURED Of the Commissioners. The ali OF man colio
not devise scheme Of s0Olishing the distinctions De-
tween the forms OF actions and between legal snd equi-
table remedies which are the very roots OF he ga pr"
csdure. without new growth from ne -shsihs
not only q change 80 radical required OIL tar
Corrrnisouers but nothing less would have Afforded
remedy for existing abuses The distinction or -'ii'nsi
ard Of legal and equitable remedies hsd s origin IN
state Of society. remote from our modern cl'li%a
ton a the modes Of the alton In our day are
d1ereni from those Of ancestors II was ume trat
the forms Of actions should psss away 10 take tnef
place " ID the wager Of law iriA BY battle eompuIsA
ton BY witnesses and the grand sssize, which we're
once important parts OF the English law 50 the forms
Of actions To resist their abolition now, IS 10 man
either that they are eternal or mat society hH not
yet reached that stage Of civilization when they can oe
safely dismissed Neither csn be maintained ~itnout
dispsragemen 10 the intelligence OF TIL. age.
The law not In ts stationary, beyond other
sciences II must change with changing manners me
q, cha "a industry and more
general intelligence That which was natural In the
fifteenth century, Is strange and uncouth 10 tnis'
The argument for a legal system "heh . iouuueu
upon ts antiquity the great names "hlcn acorn u.
or indeed upon anything but ~ Intrinsic merits ana
is anes' for the people for which Il i' framed ieai'
10 an sbsurdiy.
The Commissioners are not ignorant that their work
mas many inperfectons None, indeed, are more sen
sibe Of II than themselves for they have iet through.
o. tina, they have taken upon themselves toe painful
labor snd the no less painful responsibility OF msNng
~ rs code Of Procedure srer mad H n country hiding
he common lar u ENGLAND and OF supplsn.ing BY
new work Of their own creation that heterogeneous
mass styled practice which has been accumulang for
ages and OF accomplishing Il In such manner ~ 70
leave no case unprovided for and right abridged.
The making Of code of laws il, under the most IA
vorable circumstances an undertaking OF INFINITE DIN
Guilty. The law commissioners appointed 70 prepare
penal code for British India At the mead OF rnom vas
Mscaulsy used language not too strong, when, alter
making the beet code Of that branch Of the law IN our
language and In communicating y 70 the Government
!
task in which have been engaged msy sppesr easy
and simple But the members OF the Indian Govern
ment doubtless well aware that Il u among the
most difficult tasks upon which the human MIND can De
employed that persons, placed IN circumstances lar
more favorable than have attempted II with very
doubtful that the best codes extant II maig'
nsn,ly criticised will be found b. furnish matter for cen
sure in every page that the Ostcopous aud precise OF
humsu languages furnish but very imperfect machin
cry % the legislator that In work extensive and
complicated as ths, on which We have been employed,
there will inevitably be- In spite OF the most anxious care
some omissions and some Inconsistencies ana tha we
have done a. much "a could reasonably have been tx
pected from u.s. II have furnished the Government
with that which may, by suggestions from experienced
and iudci0us persons. be improved into good code
Mindful of these difficulties and Of their own dehcen
ces but never doubling the truth of the principles on
which their code Is founded nor the benefits which WI
finally result from It's adoption the Counissoners nave
lsbored 10 perfect their work to the utmost OF their
power Since IL became a law they have watched us
operation with the most careful attention anxious 70
amend every defect ~ remove every dinicuy ana 70
adopt every Improvement which time and experience
might suggest They have found occasion to propose
amendments TO forty seven sections, some OF which
are merely verbal, and others made necessary BY
judicial msconstructon
The few months Of trial through which the code has
passed have confirmed the Commissioners in their
opinion Of the beneficial effects which will How from Il
That II will greatly diminish litigation they DO n0tdouD'
It will make justice more certain and more speedy
they are confident and if finished according 10 the plan
upon which il begun il will furnish to the people sn
Dtelgbl body OF law for every branch OF legal pro
cedure.
The Commits si0ners with that remarkable skill, and
clesrness reasoning, which mark all their reports
proceed to answer some objections with which their
work is assailed one Of which H. that some part OF
the code unconstitutional Another t. that the work
Of simplifying the practice OF the law should have
been given 10 the judiciary. They show thst the
Judges hsd power for msny years power amou L
Dot
Il, Law nearly dormant The courts made many rules,
and at the end Of s after seventeen years possession
of the power, they made to the new judiciary
sy.tem of practice more technical more burdensome
than sny Of It's predecessors
The Commissioners next speak Of the Judicial bust
mes. Of New.York They introduce provision for an
increase Of the Judicial force that City and state that
the Supreme Court weighed down with the arrears
OF former years and that the act requiring an extraor
binary General and Special Term and Circuit Court lie
.entirey disregarded
By return from the Clerk Il appears that November
asst there were the calendar of the General term
go causes Of which ~ Disposed o. At the spe
cisl 29 of which - were heard and decided and At
the Circuit 426 none Of which tried, owing 10 the
illness Of the Judge The aggregate number Of these
causes Is l,2i6. Some Of them msy have been com |
meuccd since July last
There can be NJ doubt indeed that a. many a. |
Court in the City Of New York, commenced before |
code went into operation. on the nr.t OF July II |
these cases remsin in Court they vii not BE- disposed
of in many years Meantime the sccruing business viii
have been rapidly accumusting such state ofthings
amounts 10 denial Of Justice and for every substsn
tia purpose the Court might As well be closed.
By the act which the Commissioners recommended |
al the last session 20 facilitate the determination of
stug suits and which passed on the l2th OF April
il was expected that part of the arrears would be die
posed OF u Will be remembered mar me ACT required
an Extraordinary General and Special Term and Cir
cult Court 10 be held on the Monday Of September
and 10 BE- continued for two or three weeks 10
each subsequent, month till the fourth Saturday in Feb
ruary. his however entirely diHegAded. Why his
- quite certain thai additional Courts Asld "a that Cay
by Jasg,s Of ne sspreras C0ad snhcf 70 dspafeh ne
AREAS are % Be rpscisd M0nt moro EriaSa pro-
ris0as Than any yet Had<.
Two other modes have engaged the attention Of the
Commissioners one the creation OF temporary City |
Court 10 act a commission, for the dispatch Of the
In the Supreme Court now 10 arrears, and which
for that porposs should be transferred 20 the new
Court and the other the addition Of three judges 70 the
Superior Court with the same view. pom careful CON
sderstlon OF both these modes the Commissioner have
thought the latter the preferable and therefore
commend Il, The addition Of three judges |
to the Superior Court and the transfer 10 il Of thou
sand causes from the Supreme Court will relieve that
Court aud enable IL 10 dispose Of cases they arise
while the Superior superior Court will be able 70 hold
al the same time general term two trial terms and
AL be disposed OF within the next two years The adj
chi fffr franz ~