New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-02-03
The Completion Of the Code. .

From tn Evening Post
Il the code were completed according 20 tnS
rlsn recommended by the Commissioners It would
he IN good degree safe from the peryersons 10
rvbich Il is now subject. Many Of the miscon'
,,,rct,ors which il has suffered, are owing to an
;r,rs,fact comprehension Of its principles, 70 the
,to,,nlstsness of some of its parts, and 20 the
iesving as much of the old law in force Tue Two
Iatter causes will cease 10 operate wneh the "orA
Is CONNECTED. and the first will gradually dle away
There are, it is true, some mtscohs ru0e'ous "
which IL il difficult 70 assign 90 charitable cause
!, - indeed no secret that many OF the judges
end some think majority OF them, have ielt rom
The beginnips a repUgnRnce to the code, wnlch II
;s essier 10 explain, than 20 defend and that IN
some instances this repugnance mas lea 10 per
versions OF manifested itseh IN language, "1icn
aid not become the bench. Much may Dc lot
Given TO the disappointed preJuGlSes o, Su .
Gfs but the line which separates the Legislative
end indioial departments of Government Is, IN
theorv AZ least. SO we'll understood, that when we
sea Iudge denouncng from the bench acts OF
tbe LegisIature. which he iGsworn to administer
snd for which it is his duty to incuicate resPec"
we are apt to think that he has forgotten DIS once,
and also that he is not toe best teacher Oh Ie6au
TO- that law under which he holds bis station nor
the best example to those who may DC Drought
to his bar. .;..
bsrs the various instances OF misconstructlon,
a hich the code has suffered The par IS iamlll%
u tn them. and if they are not known to tue pup
lie, il is only through the torbearance oil thoSe VIZ
are most concerned. One instance only VIII DC
siven rs an example. the name of the Judge being
omitted ,;;o-
On the 4th of June last, the following decision
yxps reported in the newspapers OF THIS CITY
"Wbep Judgment has been recovered against
several Joint debtors, and he who was not orlSt
nellv summoned, ia summoned under .. 80 oi tue
80 ,rfl nnf hA
nv the Judgment it would seem, that no Judgment
can be rendered against him on such proceeolng'
unless be shall put in an answer--the proceeding
bsjng in dcrOgdtt0R Of Uncommon laT, and atmH'g
M 59nder4ng Indictment against party E'thout
Byingtng a sut against hlpl, tie Court c0Rta"e ?"
potce by innpfc0,t0n.'
There are six actions Of the code applicable to
the subject. 5. 315 allows the summons So"
prescri6es it's form S. 37s requires an alhdaYt 70
accompany Il; S $40 declares that upon such
suumors the party summoned may answer WITH
In the time specified therein, denying the ludg-
ment OF setting up any defence winch may nave
arisen subsequently and IN ADDITION thereto, II
be be proceeded against according to section 3'5,
he may make the same defense, which he might
have originally made 10 the action, except the
statute Of limitations" 5 3eO-"The party Is
suing the summons may demur or reply TO the
ensW er, and the party summoned may demur 10
the reply, and the issues may be tired, aud yudg'
IHeIif DC EffeH IN the bhLe mhAlicf ID III ah
action and enforced by execution, or the applica.
ton Of the property charged 20 the payment OF
the Judgment may be enforced by attachment,
necessary" s. 467-" The rule Of the common
I01r that statutes IN derogQii0n Of mat IAN are 70
be strict construed, has no application tothtS act
OF course no legislation can efectualy guard
sgainst such misconstruction as this; but 1t can
do much, it can help to give the code fair trial,
and that is what its friends desire, and what
they have right TO claim.
The preceding observations have chiefly regard
cd the Code Of Civil Procedure. There are a6un-
dsnt reasons also why the Code OF Criminal FRO.
cedure should be passed, most Of which VIII
readily suggest themselves. lt IS time that the
forms of indictments forms which, with their UNI
couth pbreseology and their technical nlcetles,
are a reproach 10 our civilization, should be re-
formed, and new system OF pleading adopted
that the duties OF the officer who arrests, and the
rights of the person who is arrested, should DO
better Defined that the means OF Injuring the
innocent and of releasing the guilty, which now
to some degree exist, should be wholly taken
away; and that there should be put into the
hands of every magistrate-and OF every citizen
indeed-a manual, sanctioned by the highest
authority Of the State from which he may at all
times know his duties and his rights In relation
TO crime committed or charged.
In closing these srticles, should not omit to
mention, what perhaps 1 should have stated at
the outset, the strongest motive OF all for the
prompt action OF the Legislature, that the clause
Of the Constitution under which the Commission
to report the Code was organized, evidently con-
templates that the Legislature shall act upon their
reports. Itrequires the Commissioners to "report
thereon TO the Legislature, subject to their adop
ton and modification, from time to time" The
reports are made they are subject to the adoption
and modification Of the Legislature; but can the
Legislature refuse to act upon the subject Can
they render futile the provision Of the Constitution
by declining 10 carry it out Can they nullify it
by remaining inactive Il is not to be supposed,
indeed, that they have any disposition to do so;
and trust the session will not pass without their
decisive action They will be engaged with plans
for developing the resources and increasing the
wealth and power Of the State but may they not
forget meanwhile that the noblest work in which
a Government can engage is he melioraticn Of
its laws. D. d. +.