Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1851-01-08

LAW REFoRM.-We know not hat NAV
he effected by the Reform Convention of
Mary land, in the way of simplifying law pro-
ceeLings, but a greater benefit could not be
conferred upon the people of the State than
by following the example oil New Y ork in
this respect. The New York code is being
adopted by other States Of the Union, and
is strongly recommended in the London
Daily News, as worthy of being adopted in
England. That paper says:
One uniform principle pervades and anmates
its whole frame Namely, that no tor7n be suffered
to subsst arhch has not for its object the single poiat
ofeaab!jng causes to be tried upon their substantial
merits, ,ch the greatest possible chcapness and the ut
inost aiiainabte speed. All tcchncalities which
would Interfere with this grand object are wholly
swept away; all reasonable forms not consistent
with it are retained.
We shall from time to time direct our reader s
attention. in some little detail, to the more impor-
tant portions of this New York Code At present.
we can do no more than give rapid sketch of its
principle features the distinction between Courts
of Chancerv and Courts of Common Law is, as al
ready stated, abolished all the technical ..torms
of action are wholly swept away, pleading is re-
duced to simple statement in concise, Ineligible
and ordinary language of the real grounds Of claim
or defence Court fees are put an end to- costs
cut down to the lowest possible amount the
whole law of evidence is dgested and amended
the abused exclusion of the testimony of the par
ties to the suit is at end, and the principle is
laid down not as our system of excluding all evil
dence which may by possibility be worthless, but
of admitting every species of testimony which may
throw light on the Immediate subject of judicial
inquiry, leaving its value and credlbility to be
tested by the observations of counsel, the skilled
sagacty of the Judge, and the practical good sense
Of the jury"
The introduction of this new code has
greatly facilitated the transaction of bus-
ness in New Y ork ; and, at the same time,
reduced the expenses of ll,gation-and we
can see no reason why the experience OF
that State should moi be applied to the be.
nefit Of the people of Maryland. Law is
said to be the "perfeciinn of human reason;'
but, however i, nav be in the abstract. it is
certainly very far from being in practice.
either the perfection of human reason or OF
common justice. it is encountered with
,echnicalilles which delay Justice. and too
frequently defeat it altogether. Ef'ris have
heretofore been made to reduce the laws OF
Maryland to an ineligible code; hu. they
have been only partially successful. We
hope that the Convention will require the
thing to be done, as also to simplify the
practice, for as matters now stand. few men
know what The law is, and fewer can en-
force it with reasonable time. The ad-
ministraIion ofjustce should be prompt and
efficient, or the judiciary system is radical
" defective. Tha, il is defective in Mary
land, is universally conceded; and il is in
cunbent upon the Convention to take the
subject in hand.
The whole expenses attendant upon the
administration Of justice in Maryland, Gin
GLIDING fees to counsel,) amount probably
to more annually than would pay the inte-
rest upon the State debt great portion
could be saved by reducing the laws to a
; code, and sbolishing useless forms in prac-
lice Let the experiment be ried-Bah
/ Clipper