The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-12-14
simplify, abridge, consolidate. and cheaper law

simPhfy, aondge, eonsoAldate, and cheapea law
We say nothing here of the reforms that are re
quired in chancery practice but those whose at
ten,on has been specially directed to thar most per-
the commissioners Of the common law, they study
with care the code of civil procedure OF New York,
and attend TO the very valuable testimony in its
favor, which was furnished by Mr.. Dudley Field,
TO the Law Amendment Society, at the beginning
of this week, and which was published in our
columns on Tuesday last. The history OF that
code liz very remarkable. Up To the year 1877, the
courts OF justice In the State OF New YORK, mo,
delled upon those of Great Britain, were divided
into courts of law and courts OF equity and In
these respective courts, separate syste ms OF pro-
cedure prevailed, not unlike those existing In this
country, and open TO the same objections AT
common law, iechnicality, quibbng, and sharp
practice were permitted, as in Westminster Hall,
to defeat substantial justice; while the Court OF
Cbancery, encumbered with the machinery Of the
Masters Offices, and embarrassed by written in
terrogatories, was utterly swamped with the accu-
mutation q hGslness, and the sin of father in
bringing N edony suit, was there visited, as with
US, upon the children unto the third and fourth
generations. The door, too, of both classes of
courts, but especially that of equity, closed 10
all suitors who had not taken the advice of Iago,
and put money in their purse.
At length the abuses reached such pitch that
the people would submit 10 them no longer, and
convention was appointed to revise the consttu-
ton of the State. The legislative body met ia
lSi7; and, stimulated by the advice Of Mr.. Field,
SKI itching the rough outline of the reforms required
they dete nmned that the Court of Chancery should
be abolished; that one supreme tribunal should be
created TO administer all the laws OF the land, whe-
ther at law or in equity that the forms of action
and pleading al coInmen law should be abandoned,
and that in their place one uniform system OF pro-
ceedmg in all cases, whether ofeauitable or ofegal
cognizsnc should be adopted, and that testimony
should be taken, whenever the witnesses were with
in the jurisdiction of the State, pira uoce. Three
commssioners-Messrs. LOOMS, Graham, and
Fied-were medately instructed to carry out
these alterations, and their first recommend atians
were presented IN in February, and became law IN
July, l84S. BY this portion OF the code, the differ
ent forms OF action and pleading were abolished,
the distinction between legal and equitable rene.
dies was removed, and one uniform and simple
course of procedure for all kinds OF actions and suits
was established Additional portions of the code
were prepared and passed durlng the year 1872 and
the last day ofhat year the commissioners closed
their labors. Their final suggestions have not yet
been adopted by the State, bul those most valuable
provisions IN the code, which compel the utvd poee
examination of witnesses, and enable parties to the
record to examine their opponents on oath, have
been for considerable time In active operation,
and they have met, II we can place reliance on
Mr.. Field, with signal success. Such are some
Of the leS1ng principles embodied in the code
of New York; end although the evidence of Mr..
Field in Its favor should of course be received
with some distrust-for, being the parent of the
measure, he must regard il with parents eye
yet those who heard him on Monday night explain
end illustrate its practical operation, and who noted
the ry end clear yet mode 81 manner in which,
while admitting It's imperlections, he pointed out
the benefits sulting from it, scarcely fail to
have left the meeting with firm persuasion that
the State of New York had achieved very great
work. Indeed, the best proof of the subs antal
merits of this remarkable production is found in the
fact stated by MIR. Field that il has already been
copied, either wholly or in great part, by the
States of Missouri, California, and Mississippi
while conventions for adopting it are on the
point OF being held in Kentucky, Iowa, Tennessee
and Massach usetts. We may add, that one of
the ablest judges in America, who has himself
administered the law under the code from the
time Of its first adoption, does not hesitate TO
assert that the leading principles embodied in IL
are such as no government which has once adopted
them, will ever relIpquish and that the provisions
for abolishing the distinction between law aud
equity, end for snnihilating the different forms
and there a single, If not a singular, exception
commended by the entire judiciary and bar of New
York.
In thus drawing the attention Of the public to
the praise worthy exertions OF American law re-
formers we DO not mean to recommend that all
the principles Of the New York code, and particu-
larry that one which breaks down the barrier
between legal and equitable claims, should be
hastily adopted on this side of the Atlantic. The
fusion Of law and equity might possibly in this
country, work confusion. On this subject we
p-. what do rcntuS- with confidence 90
commend Is, that the code Of New York should be
carefully and candldly examined by such persons
as are competent 10 form opinion on its merits !;
and that III ose portions OF the work-and they are,
doubtless, many-whch challenge aud demand
unbesitatIng approval, should be embodied without
delay 10 the law OF this land