The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-12-14
The New Code OF New York, In "a English
Point of View.

From the London Chronicle, Nov. q
OF all social reforms, the amendment of the law
is that which is most ardenty coveted by the pre-
sent generation. The rghtful injustice that Is per-
petrated by the technicalries OF the common Law;
the ruinous and heart breaking delays which are
occasioned by the cumbrous proceedings IN equity;
the manifold and manifest abuses which are engen-
dered by the obsolete forms, the exclusive privi-
leges, the nepotism, and the mummeries" OF our
them. TOPICS which no man can undertake TO dis
cues in public without hnding himself surrounded
by pn approving and an eager audience. Whether
the evils Of the existing system Of law be calmly
exposed, or wisely censured, or conit mptuously
denounced, or plsyfully NEUTRALITY-SUSPICIOUS. the
artist be Romilly, Broughsm, baltimore, or
Dchens-the language OF condemnation, be II
grave OF gay, or lively or severe cannot fail to be
re-ecboed throughout the length and the breadth
Of The land The wise and the foolish, the cauti-
Gus and the rash, the thoughtful and the thought
less are mali in this matter one common cause;
and, being all interested in the subject Of Law
form-for who is there living that has not suffered
from the existing abuses they are raising one
JOINT and unmists keabe cry that something must
be done, end that, too, quickly. II is impossible
20 examine the statute book for the last few years.
or even 10 review the proceedings Of the LeRisla-
tUre during The last session alone, without being
forcibiy struck with the prominent position which
has been awarded, as were by universal consent,
TO the subject OF law reform and II coming
eveots ever do cast their shadows before, snail
incur no risk of being denounced as false prophets
" we venture TO predict, that--so far at least az
the common law rules OF procedure, ana prac-
nee, and pleading, and evidence are concerned-
twstpug end radical, but witbal most sslutary,
changes arr Ut hand. The commissioners appointed
lest summer by the government to investigate
and report upon these subjects, are, unless we
greatly mistske the men, hut little inclined
TO shrink fom their duty; and even were they
ANXIOUS TO do so, they would find IL no easy
matter, IN The present state of the public mind. to
b,lsttr up a rotten syslem by few alterations in
detail To abolish forms OF action, TO admit par
ties to The record Witnesses for and against
tn, mseves. TO prohibit greatly restrain special
demuuers for mere formal defects, to entitle par
ties wbo pnsuccessfully demur 10 plead over to the
facts, 10 snnihilste the general issue, and permit
any number OF replfcshons TO plea, TO put stop
TO ell motions Of course, 10 sweep away motions IN
arrest Of Judgment, and for Judgment r0~ obsta-te
tuedico, 10 abolish the antiquated forms OF audita
gseeid and demurrers 10 evidence, 60 strip the re-
cord Of all needless verbase, and to enable courts
of law TO enforce the production 81 documents |
whenever courts Of equity would compel a dis |
covey-these are come Of the more prominent |
amendments which we are persuaded must be in |
troduced By the commissioners, n they hope to |
saiisfy the public that they are really N earnest,
and that they are exertns their best energies 10