New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-02-04
The Completion of the Code %. No ".


Another, and the fourth reason, for urging the
completion Of the Code, as matter Of interest TO
the State, is the number Of independent provisions
contained in the new portions, and necessary 10
the perfection Of our remedial law. Among the
subjects ofthese are the following
l. The Courts Of Observation-Disclosures Courts
are recommended and all but enjoined by the
Constitution. Their establishment is a favorite
idea with many Of our people, who are disguised
with the prevalent spirit Of litigation. A plan for
their organization was contained in the Commits
sioners third Report and repeated in the present
complete work. Ii should seem now, four years
after the Constitution took effect and two years
after the plan was reported by the Commission
eTs to be high time for the legislature 10 act up-
on the subject. No good citizen can fail to de-
sire that the spirit ofhtigatisn should be represssd
Let him then ask himself, whether it be not pos
slble 10 prevent strife, by interposing the Offices
OF learned and discreet magistrate between
those who are about % enter into law suit IL
he think L possible, let him look about for such a
magistrate, and he will very likely find one at his
hands IN the County Judge; an officer whose DO
stion requires character ard insures respect. and
whose duties leave him leisure 70 act as conciia.
tor. Even they who think that the experiment
must Tall can hardly object % its being tried since
the tris is easy, and the machinery az hand cost
Ing nothing, Make the tia with that class of
cases where there IS greatest likelihood OF sue
VS. ti'Nl - HuCtC TIC arises rom tenn
per or Misunderstanding While ycu are provid-
ltg tie most abundant mesns OF deciding law
so's' when they s,ise. provide also st least. one
neaIs;o prevent their arising In some other
countries tribut az ofcorciati1r have been tried
ioE acre ihan ninety years, with signal success
iti - make tesinn.ug with them here. and If
we tial- as believe We shall not. we shall vet
have cone cur duty.
q. Snnrg0ry Judgments o. CERTAIN ss-,frts,s-
To TIE proyislors en- tbs subject | Ru disDosed
70 attach great importance. in priaciple they are
lot new, Tor IN most Of the states of Continental
Europe, there are tribunals Of commerce. which
administer very summary Justice on Commercial
securities As we have 10 tribunals. and alI cases
on these securities have to 20 before the ordinsrv
courts, It cannot be very dangerous to allow tbe1,
more summary judcmeut than in other oasss
Summary proceedings are not a novelty to us.
" c have them already 70 remove tenants bols;n-
over ard 10 ioreclose mortgages by advertise.
uent. The same principle applies TO these cases
II tie necessities Of the landlord will not admit ~
the slower method Of recovering a iudrment
sganst bis refractory tenant SO neither will me-
camille necessity ard mercantile credit admir- ~
the same delay In recovering upon bill Of ex.
change. as upon an ancient deed or a DISPUTED
hiil The only points ior consideration are tbsss-
Does mercantile security whore the parties
have put their hands 70 q written instrument for