The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-03-20
TIE COURT OF COMMON PLEAs-Irs INcRrAs-

The CouRr OF COMMON PLEAs-Irs kcREAs-
mo DUTIES AND ITS ANCIENT ORIGM.-A petit
ton was recently presented in the Senate,
signed by all the leading members of the bar
of New York, without distinction Of party, call
ing for the passage Of bill which would place
the clerkship of the Common Pleas upon the
same footing as the clerkship Of the Superior
Court. The subject was referred to o commit
tee of the Senate, who Immediately reported
bill, which we have already published, and
which, it is confidently expected, will pass.
This measure has become indispensably neces-
sary; the business of the County Clerks Office
has become SO unwieldy from having added to
it the clerkship Of the Supreme Court, in which
are embraced all the records Of the late Court
of Chancery with the clerkship Of the Common
Pleas that it can no longer be managed
with satisfaction. The records and papers of
the Common Pleas are consequently in state
of the greatest confusion, which not only OBJ
structs the daily transaction of business in that
court but is attended with still more serious
consequences, as the title to real estate depends
upon the regularity of many Of the proceedings
of the courts such as the partition of the estates
of infants, and sales of land ordered by the
court.
In investigating titles, important papers re-
lating to such matters are asked for, but cannot
lie found, and papers of the Court are continu-
ally missing This state of things has existed
for some time, and is daily growing worse; and
although attempts have been hitherto made to
correct the evil, by separating from the Office
of the County Clerk the clerkship of the Com
mon Pleas, and limiting it to the clerkship of
the Supreme Court, and the various other du-
ties appertaining to the county, the County
Clerks, who have great pecunary interest
together with considerable political patronage
in keeping up the present regulations
managed from time to time to stave off the &C
ton of the Legislature. But this cannot be
done forever. Lawyers and litigants have
borne with those annoyances for long time,
and they have at last become SO thoroughly
aroused that they will endure it no longer
Political influences will no doubt be brought
to bear against this desirable change, and
though the present Legislature is wing, we
have no doubt that the needed reform will take
its course. The system maintained in the Office
Of the Clerk of the Superior Court is admirable,
and we have no doubt that similar arrange
ment in respect to the Common Pleas would
be highly advantageous to that court where an
enormous amount of business is transacted. 1t
appeared by the statistical tables which were
published in the HERALD on the lst of January
that although composed of but three Judges
the Common Pleas did more business during
the past year than Lother courts where the
judges are more numerous. This, however,
may be attributed to the popularity of the
court, and the fact of its being the final appel
late tribunal from the Marine Court, and all
the other inferior courts. 1t is, moreover, the
oldest court in the city-its records extending
back to the days Of the Dutch dynasty, when it
was presided over by burgomaster and
schepens, in the days of the redoubtable
Stuyvesant. The English afterwards gave it
new name, the burgomaster being changed into
mayor, and the schepcns into aldermen.
The bill now before the Legislature will &C
complish what is necessary to ensure the full
and efficient despatch of the business OF the
court, and as movement of convenience and
AGILITY to lawyers, Htigants, and reporters, we
wish it speedy passage.