New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-04-16

\ charta- CO.. rryu mi-rt he nj lel 70 L---'l
Blackstone. containing the ate Improvements il
the Jaw introduced by ,he Code.
T. ,ae fst place. pieaa.n-s are 20 be "l4o
rs-o csi -1sr..e --7-r. .f.c-t p. r'i'.'r ...a
ist rte 70 p r-rssa 4 c1ra' 'a 'rst17f.a-.
T. rl.-tt have been wei % have c1ac,clthat every
person shall have common 1utc-'tant'u-. bat
tbs W. doubtless BE- say. sd D. q .-l-e revision
0. ,te Code. Tho --u.ss.c- say in tatir r'-
,.,-t o. the Legislature sat tacy have succeeded
b. reducing tre w Ho.r practice oi tne .2w O q ~
standard of .ersri-uity that 'ft7s 70 nothing u
ftr cote -tirt 1rg person n primary fH'c' -rrc.
All ,f.-lI5a c5anIf a.llrt1ui Bgtlt seems
unfortunately tlat they have Lot sufficiently had
.1 view tie capacity % ou- C7Hr's because u ther
notes % O.. Code "a r0w submitted g. the Le-isil
tsre. tnev complain that the Jld-cs ~ many DO
rI.r, have rlt 40 r. understood me provisions of
i.er.stlr, Cote-wh.ch trey say has arisen from
au attempt by che Judges O. eons'rae these Prov
.,o,s ..,.. whereas tbes should have construed
tbens Itrr4l, H. So as % make the law Apply accord
in- % the circumstances OF each case. There U.s.
however. q difficulty which even The Code can
hardly ob,iqfo In order tJ carry cat these henl-l
vi-,ys of the Commissioners the Judges must cx-
arriss df,rret1H-in the last revision OF tie Code
j. presc1h.d that Il must be q n1t fsrre'07,-
whereas l. is known tia. some judges have none
AZ ALL
Iris sati.factc-y however. 70 know that a.l other
persons except the Judges sill understand the
new practice u being set forth 10 such A manner
as the Commissioner say 3D." nat Ho ptrs0H Hc,t
kgrr occasion ~ rrtHess Iegqf preceding. rr9f %
Dlcg}ing 0r fenI,r rffIflt Hf meaning ~ rhhh
g, daes uot c7mprtien Whether there may nor
be- an occasional exception may perhaps admit of
doubt. but according O. the OLD axiom NOD we may
be permitted to refer To- thin-s that are row obse-
!eteI the exception proves the rule Thus Il ap.
pears that there j. a new proceeding which. as it
might be inferred from rs name % belong rather 10
M,dca science than 20 Law, it would NOT be- eN-
pected should b. Ineligible 10 persons of common
UNDERMINING ualess 'hcv had also attended DR..
Franciss lectures. refer % the II'ut ~ DIR
erance" pom careful examination Of the sub
isct however. IL will be- found that this writ has
nothing to 10 with medical practlce-it : in isct
intended for the delivery of any person out Of the
hands OF a Court or some officer thereof who may
be- exercising restraint over the individual apply
iag r he writ end answer the same purpose Tor
which what was called the HQtc1s C0pH, has
been heretofore used bat the nature Of which
lsst-meutoned writ no one could understand the
name. not being English although u has been used
by the English people in their law proceedings
more than i've hundred years.
Scientific alius0n. perhaps even terms C art,may
b. properly made use of IA the new practice. pro
vided they have never before been used ~ Ia" of
lega proceedings
There is authority for this in Litileton. WHO once
quoted two Latin verses, upon which Coke re-
ma Ks " Here Litteton citeth very aptly two yer.
SEES for it is truly sad that Auth0rfHes ptto.0-
ptorp0i, medic2rpDi ~ Docfpm sVHt o.. c01tss 0hc.
gaHdac # feaendDc' The meaning ol~ hich IS that
philosophers. physicians and poets are good au-
thoriics ID lsw
Some other important changes n the law might
be noticed, but for the present as Coke profoundly
remarks. this little taste shall suffice
HARBOTTE GRINsT0NE.
20 We have never pretended, nor has any
body else to our knowledge that the Code was
perfect. without fault or bemish and therefore
have 40 objection to the wit Of our correspondent
falling on any weak point he may discover in it
Indeed, il is by means Of criticism and experience
that such Deficiencies or errors will be brought 10
light and corrected. Bat If Mr. Grimstone or any
Of bis friends should attempt 10 argue that because
flaws can be picked in the New. the inioerable
abuses Of the Old ought to be preserved forever.
we fear that they would only lose their labor. 1t
Is impossible bat thst the law should be reformed
and it is at least in our view, and that OF the ma
,or,y OF the people indsputable that the Code -
great advance in the way OF that necessary work
I'd. TubaAe