New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-12-26
INV Escforl,n in EmaInnd.

We noticed the other day the progress Of
Law Reform in England and referred to
the position of the London Times on the
question as one evidence, among others, Of
the advanced state of public opinion in the
Kingdom. We find in the Daily Macs
one of the foremost rivals Of The Times
an article even more sound and explicit,
the chief part of which we copy. 1t is
from the Editorial columns Of the Daily
Neacs CT Nov. 25
Enlightened Despotisms and enlightened De
mocracies are prompt in the adoption OF ascer-
tanned social improvements what the genius OF
the ruler or the good sense oil the people has once
perceived to be right the unimpeded force OF the
Government molds instantly into law The en-
liehtened Desp0tism of Napoleon gave France
CODE the enlightened Democracy OF New ork
has inst abolished its Court of Chancery, estab
lished one supreme tribunal for the trial OF all
causes of every description, and dgested for It's
use. into the compass of two slender octave vol
umes one uniform and simple system OF PRACTICE
pleading and evidence.
The code of procedure thus originated By the
State Of New York, and now in a course of rapid
adoption by many of the most important States OF
the Union, is in every respect deserving OF the
closest attention of English law reormers. We
may indeed, reasonably despair OF seeing any
thing so complete and mastery introduced IN our
dav into the legislation of this country, where
everv abuse has its constituted DEFENDER and
every class interest its appointed representative
But good must surely result from seeing what
our kinsmen on the other side otthe Atlantic nave
been able to achieve in the way OF holding into
form and order the crude and lndlgested mass OF
that system of procedure which, until the other
To tO M
land we NAV not be able at once to take such
stride in legislation as our less shackled brethren
of the Ango.Saxon race; but the steps we do
take may be in the same right direction, and
though less rapid ought at least to be equally de-
cided. We cannot hope AS yet to abolish our
Court of Chancery, but we can and we ought to
do what in substance will amount TO the same
thing. namely, abolish the technical forms and ar
ti6ciaI methods of our common law procedure
and establish one simple system OF pleading oy
which all causes shall be tried on their merits and
thus in effect all our tribunals be converted IN the
true and not in the technical sense into Courts OF
Equity -.
The rapdty with which the Americans have
accomn)isbed their task is no less remarkable to
the English law reformer than its completeness
in 1877, the three Commissioners, Messrs' DaVld
Dudley Field, David Graham aud ArpnaAed
Ioon7is were appointed, in 1919 that portion OF
their code which abolished the separate juflsdc-
tim of Chancery and Common Law was present
ed 70 and adopted by the Legislature in April,
1s4o. some further notifications were introduced,
and at the commencement OF this year the com,
nleted Code of Procedure was ready Tor the maj
sanction OF the State Government.
Another point in which this Code IS especlauy I
admirable is The clear and lucid breyly o! ITS pro-
visions: that portion OF it which IN It's modified 1
INN, became law in ls4S is contained in one octa-
yo volume of large type and ample margin "hlch
consists of little more than 200 pages, and con
tains less than 500 brief articles or clauses me
jenppege adopted is clear. precise and universally
4SlIigible-wbolly free from all technically and I
from MI verbiage The Code Napoleon has apPg-
rertlv heen the model on which, as far as style IS
concerned the Commissioners have worked ana
il is not saying too much to affirm that III com
hined terseness and comprehenslvenesS they have
oIGacbed as close 10 that model as the different
genius of the two languages would permit AS
trIkinc illustrt ton OF this excellent brevlty, 1t
r,av he stated that the whole OF the Rules OF hvl
dno1ce The discussion OF which in our last and
shisst textbook on the subject, tha, OF Mr. Pitt
Taylor. occupies exactly tlreire hundred and
Il,Its.eEe closely printed pages, IS tally and most
admirably digested by the Commissioners INTO SO
nsces OF 26 lines each.
So much for the manner o! this New FORK Code
It's matter is at least equally admirable one uni
forr, rrinciple pervades and animstes its whole
frame Namely, that no torn De suffered TO sH5sISt
rBJrI has nat f0r Ms object the single RENT Of en-
obifae causes 10 be tried upon their substantial
nfi}S ruth Tie greatest possible chsopneSs and the
,,f,y1sf 1ttaiHabie SPEED, All technicaties which
would interfere with this grand object are wholly
event away all reasonable forms not inconsis-
tent with it are retained.
For the information OF those who ARE really Ia
terested N the great subject law reform, and
with especial reference TO tho proceedings OF the