New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-02-04

the payment Of a certain sum Of money, IN Ger
tain time and II al events, diner irota oIner con
49,. - 1tber canses of actions and II It do, then
Is the proceeding to obtain summary Judgment
mon Il discreet one If il be safe to remove a
tenant by summary process It must also &c s1e
10 take Judgment, by the same summary process
against the acceptor Of bill oil eAsuAuss W.
refuses its payment. One thlDg b. ieas' = &c.
tain the psoule have asked for cheap and speedy
i,vr. ,bet, have here the cheapest and sPeediest
that wss ever known; If they will not accept II,
let them no more complain that they nave not
what they asked. w..
ALREADY as has i1st been SAID, the foreclosure oy
advertisement. This IS detective n some IS
spects. which prevents its being generally USED,
particularly in TIE large cities The provisions OF
the CoCe are designed 70 remedy these defects
and 10 make the foreclosure BY summary process
80 simple and ct the same time 50 safe, inst toere
shall never be need Of excuse Tor resortng 70 the
more diatory and expensive ordinary process
4. The enforcement Of lieAs.-The mechanic
lien laws il IS proposed 20 extend 70 al tne ctles
and Incorporated villages Of the state, and %
make the whole proceeding safer, and ye' more
simple and more comprehensive.
5. In so1rencieS-There IS now great want o.
some simple aud efficient means OF taking tae
property Of Gn iusolyent out Oh DIS hanls alu uis
tributipg il among his creditors. Inc nights OF
creditors require it, and the interest OF debtors no
1ess TIE provisions Of the Code in this respect
vrere drawn with the view Of meeting this want
and if adopted, will, an confident, lead to great
creation in the making Of contracts, and better
Observance Of them, when made.
c. Assessmenfs.-The system OF assessments IN
cities rs il has been heretofore pursued IS one OF
the erossest abuses of our time. The title OF the
Code, in this matter, was drawn with great care
10 put a stop to these abuses, and there IS lttie
hazard in saying, that if they had been edopteI
the Last session, they would have already saved
10 our citizens more than the year expenses Of
our State Government
The Erpe9fiug Of Cause.-The delays in some
Of the Districts are even yet excessive, and lead
10 accumulated expense. But the only obstacles
20 the rapid dispatch Of causes are the haots oil
the Bench and the Bar. These habits must be
broken I'D at whatever cost. There IS Judlclal
force enough to do the business promptly and II
must do IT, On this point the public should be IN
exorable L must be made q cardinal p9iK 1Hh
ersrv Can't that SITS an tie STATE, that q irlH not
75iorrp until II has disposed of erery case np0n It's
calendar The remedy is with the Courts upon
them, therefore, rests the responsibility, tor which
they should be held to strict account. Inc spec
tscIe now constantly presented In some OF the
Districts. and 10 which years ago we became so
accustomed that It ceases to surprise as, oil courts
adiouruing term after term, leaving more than
half Of the cases untouched, is one which ought 70
be permitted 10 longer SO far as the habits OF
the profession interfere Win the pIOAPb ulSP
Of business the Courts must control the profession,
and the public voice, acting through the Leglsla'
ture and at the election of the Judges, must con
troll both There are various provisions IN the
completed Codes designed to insure the dispatch
of cases as fast as they arise; and until they, or
others equivalent are passed, the Legislature will
not have done all that it can do to lead to that
result.
:. Eridence-This is the portion OF the Code,
TO which the repugnsnce Of the Bar Is strong.
est, and which will encounter from them the
greatest amount of opposition. And yet upon
The enactment OF this than any other depends as
should SEEM that other question: most important TO the
people Of the Stale, whether shall have written and
systematic Code OF all our law II this be enacted the
compilation and Of that sure TO follow; II
this be rejected there will hardly be better reason for its
rejection make bold 10 say than that IS Code o. the
unwfiuen law No doubt there persons, who object
altogether the principle Of admission which IN place OF
the old principle ofexcuson is the prominent AZURE OF the
work but the majority Of enlightened men at this day must
surely be found the side Of admitting all persons 10 est
~ parties strangers 10 the end that Judges and jurors
may have all the light which human testimony can afford
The principle OF admission being conceded the other rules
OF evidence contained IL the Code nearly concdent
with those now in our sanction by legislative authority,
other than thai. which has already been mentioned and
which is in reality though words that the sanction OF
legislators and mat courts more competent awgers
than the Senate and Assembly. y u. =.