New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-03-12
Law Reform.


then a venal press, under their influence, con-
tinuo to abuse our Code, aud successive Legis-
ts.ures have been so rems. IN not acting upon
the complete system proposed By the Commls-
sloners, It is satisfactory to know that the work
began here has been taken up and carried ON
elsewhere. Several of the States, as our reaoers
have been already informed, have ADOPTED the
system. and It is there working satisfactorily.
England was the last country where we sup
posed so great reform could De carried, Dat
even there 1t really seems as II 1t were about to
be undertaken in earnest. As an evidence Of this,
We find the following report, which we copy en-
tire. Let it shame our backward legislators
SOCIETY FOR PROMOTING THE AMENDMENT OF
THE LAW.
THIRD REpoRr of the Specia! Commute fAs p'iicy
OF the distinction beltreen LGo and EqaHy pro-
cedure.
The following reference was made TO tins
Committee Tolnqulre whether the principles
of Law and Equity can be administered IN the
same Court and by the same form OF procedure;
and, III making such inquiry, TO have regard TO
the provisions and operation OF the New-lerk
Code
In their two previous reports your Committee
have shown the evils of the existing distraction
between Law and Equity, and have suggested
the outlines OF a scheme by which they believe
that this distinction may adyanIageously be
abolished. In their present Report, they propose
to deaf with what may be deemed the admins
tratlye part OF the question, and TO show by
what means the desirable object OF iusng Law
ana Equity may most efectua.iy and speedily be
carried out The preparation OF code OF procedure,
wlihou. which Is OBVIOUS thar system OF fusion
could no. be made 10 work, must OF necessity con-
sumo much time, and Will require great labor, dill
gence, and skill Unfortunately, there never was an
occasion which called more imperatvely for DIS
patch for unless complete reform IN the pro-
ceGure OF the Superior Courts be at once CON-
melced shere is TOO much reason to fear that their
Jurisdiction Will yery soon De sosOfOei by the county
Courts. Should this most disastrous, but not I'M
likely event occur, the county Will De visited by
the grievous misfortune ofseeing the administration
OF justice transferred 10 tribunals whose PROCEDURE
is very imperieclly rg4nizeo, and 10 Judges, OF
whom II is no dIsparagsment % say, tina. however
competent they may be 10 clschaTge their present
Outies they are quite unequal TO she task OF under
taking the summary administration of the whole
Law of England. There IS, then, not moment 70
De lost IN commencing this great WORK and II IS
nortlyiDg to reflect, In SO great an emergency how
much lime and talent have recently been wasted IN
the researches OF learned commissioners into the
separate departments OF Law and Equity, when II
Is manifest, that they might have been so much Bet
ter employed in preparing code OF procedure,
which might even yet preserve Westminster Hall
from the formidable competition OF the County
Courts.
cooperation OF influential members OF both Houses
OF Parliament should be earnestly sought, IN order
10 bring the question as soon as possible, and In the
most impressive manner, under tue serious con-
sldeIaion OF the Legislature and they turtner sus.
gest, as the most effective mode OF proceeding that
steps should De taken to insure IN either House. the
moving Of an address to Her Majesty, containing
resolutions to the following effect:
FIRST That the principles OF Law and Equity
cught to be administered IN the same Court aad un.
der the same system OF procedure the equitable
rule in cases OF conflict consolDg the legal
Second: That paid Commission ought TO be forth
with APPOINTED TO prepare Code OF Procedure for
the purpose Of carrying out the above reform.
Until such CODE can be prepared, your Commit a,
jurisdictions should not be attempted as they be-
lieye that 1t would be highly vexaous to introduce
system Of prolrs'ona! procedure, which would OF
necessity be extremely imperfect, and would, more
over be liable to be swept away just as Il was be-
ginning to be understood. Still there Is no reason
why Law Amendment should stand still during TINS
period OF preparation for there are many importan!
changes OF procedure which are sure TO be adopted
any system OF fusion, and which, without intro
cucing any embarrassment, could not fail TO give
much pre- sent relief to the suitors
Such alterations might be Immediately effected by
a number Of short bulls, which your Committee sug-
gsst should be introduced into Parliament as early
as possible after the recess.
The folio ing are some of the bills referred to:
Fust: A bill 10 require all pleadings, whether AZ
Law or IN Equity, to be verified ON oath, and 70
abolish all objections a. to the form OF peadnss'
barIass or misiead.
Second A bill to substitute b all cases. Uiud voce
examinations for written interogatoIles, ana the
inteIroga!iDg part Of the Bill in Equity.
Third: A bill to enable Courts of Common Law to
grant injunction and discovery, and to appoint
receiver
Fourth: A bill to authorize Judges at Common
Law to try questions Of fact without the interven'
ton OF juIy, unless either OF the parties TO the
action should require such Intervention, and 70
authorize Judges In Equity to Try questions of fact
with the in eryp n "A
TO the suit should require such Intervention.
Fifth: bill to abolish motions IN arrest OF Juds.
nent and ObsfGnte Ueredtcfo, and 10 enable par
ties who have demurred, and have had judgment
ss all 81 them, TO plead over.
Sirth: A bill " empower defendants In Courts OF
Law to set up equitable defenses.
Sertnfh A bill to enable the parties to any action
or suit az any stage OF the proceedings, 20 agree
upon any question or questions ekhsT OF law or OF
fact to be submitted to Court Jury, Is decisive
OF the merits OF the cause.
Eighth: A bill to consolidate and amend the law
as applicable 10 commissions and mandamusss TO
examine witnesses.
Ninth A bill to direct that the evidence which,
under the present system IN Chancery, IS taken BY
the Examiners OF the Court, should henceforth DO
tab en- before the Equity Judge.
Tenth: A bill 70 abolish the rule in Equity respect
ing the non-publication Of evidence.
Your Committee feel persuaded that the altera-
lions here proposed would, In themselves, be ma-
terial improves ents In she present system and
further that they would operate most bsnefcialy IN
imOo,hlDg the way for the ultimate establishment
Of fusion.
NuBicipal Elections.