The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-05-09


chapter or two might be properly added to Punchs
Blackstone, containing the new aud useful improve
mepts in the law introduced by the Code.
In the drst place, plesdngs to be lin ordinary
and concise language, without repetition, and intel
gibe to person Of common understanding" Itmight
have been well TO have enacted that every one shall
have q common understanding; but this will doubt
less be supplied In future revision Of the Code The
Commissioners say in their report to the Legislature
that they have succeeded in reducing the whole prac
tce of the law to that standard Of perspicuty that
there Is nothing in the Code which any person OF or
binary and education cannot understand
But IL seems, unfortunately that they have not sui
fcienty had in view the capacity Of our courts. be-
in their notes to the Code submitted to
the Legislature, they complain that the judges, or
many OF them, have not understood ut all the provi-
sons of the existing Code which they say has arisen
from attempt by the judges to construe those
visions literally. or according to their strict sense
whereas, they should have construed them literally
so as to make the law apply to the c,rcym
which even the Code itself under the most careful
vision can hardly meet In order TO carry out these
benign views Of the Commissioners, the judges must
exercise discretion In the last revision OF the Code
II IL prescribed that II must be sound discretion;
but Il IL we'll known that Judges have at all
IL is satisfactory however. 60 know that all other
persons except the judges, will unierstand the ne "
practice; IL being set forth In such manner as the
Commissioners say, that no person need have oeca-
sion to witness legal proceeding read pleading OF
render verdict the meaning OF which he docs not
comprehend
whether there may not be an occasional exception,
may perhaps admit Of doubt; but according TO the
old axiom f IL may be permitted to refer TO things
rule Thus IL appear. that there is new proceeding
which. IL igh be inferred from its name 10 belong
rather to midwifery than 10 law il could not be eS-
pec;ed should be ineligible to persons Of comnon I'M
dersanding unless they had also attended DR. francss
lectures. refer TO the Writ OF Deiyerancen Upoa
careful examination Of the subject however II will be
found that this writ has nothing TO do with obc:rc al
practieei is In fact intended for the delivery VI
person. whether full grown child out Of the hands
of court, officer thereof who may be exercs
ing restraint the individual applying for the
wit and answers the same purpose for which what
was called the writ Of habea corpus has been heretofore
used but the nature of which Que could understand
the name not being English, although u has been
used by The English people In their law proceeding
more thnn Eve hundred years.
Scientific illusions perhaps even terms % art may
be properly made Of in the practice provided
they have before been used in Law or legal pro-
eeedings
There is authority for this In Littleton Who once
quoted two Latin upon which Coke remarks >
Here tleton citeh very aptly two verses for II
truly said that .7ufaoritass hosephogm sci'corua :,
po,farum stunt in oaHsfs aiLgandr 81 isnsrdr.' tthr
meaning Of which is that philosophers physicians, and
poets, are good authorities In law
Some other important changes In the Law will here
after he noticed but for the present ~ Coke prooundy
remarks, this little taste shall suffice. -
HABBOTrLE GRIMSTONE