New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-04-04
NEW PUBLICATIONS
REPORTS OF cAsEs ARGuEp Asn nrrr.

Of the Court OF Common Pless, by the eide AZ 4.
Supreme Court, So one Of the highest Cour. a, =.
nal jurisdiction known 10 the laws Of the Sta.
It's character as An appellate tribun.l, BY sh;eA
decisions influence the Judges and prac,itione,, -
lower Courts-aHd on the fac', that, with the .,.
ton Of a small vo.umA is'ued by EDWARD L,r.s
sroy in 1903, no regular reports Of the Coar, has,
ever been published. The work contains re,or, !,
cases decided between me year 1880 and Jsuus,
1853, with he addition OF several csse. u evl.
dsre al those relating 10 TIA subject Of Ian 90 TO N
cerber 1884. The reputation of Mr.. SSIrH . Il
able Counsellor, is guaranty for the diligence AZ
ssgsoii! with which he has performed his task vi.
It's technical merits must be EFT TO the Judgment
the plof, ssion
A certain degree OF popu interest, ungssl ,
volumes joicing in " hgs,-colored sheep, isSrs
70 The work, by an elaboiae historical casa, \,
Judge DAILY on the judci organic ation Oflhe S,,.
frsn tie time OF ts FIRST set lsment by the Du,A,
1913, TO the adoption Of the Safe Constitution 4
1896 This essay wss propar,d With special ree,,O.,
- the Court Of Common Pleas; bat il also inclsIs
ucid exposition OF toe administrator of iu,tce |,
TIE various II buDas of the Sta'e. from the essss-
period Of lis colonial existence. Ga his point Of 4.
history Of New.York, there has heretDiore been,
great deficiency The colonial times have rsGsSaS
in Gin obscurity SMITH hur'ies over that e,och "a
few pages-GRAuAs merely cCpies Sn.th--s,i
il deed fince the tise Of hat h.s Oman, n, srera
has been MADE thoroughly % investiga'- the sa9st
The resesrches OF Mr.. BR0DHEAD in the state ORcs
at London snd a, the Hague have brought 70 liz
mspy vausblc manuscript cOcumens which, VII
the juc cious arrangement and classification Of d,
OCALLAGHAN, are preserved, in Oh accessible form
10 the State De, srtmen; At Albany. These sa,aOr,
ties have been freely u,sd by Judge DAILY 10 p,e
pairing bis esssy, ard their most important rescla
en- bodied in a clear and syste naic narrative. The
lover of antiquities wall end in it many curious fa,.
illustrative lot only OF the state of jurisprudence,
the early age of the Colony, but OF the social con
oiton of the people. OF the old Dutch tribunal,
during the administration Of SrUYyEsisT Juiss
Day remsrks:
"Ths proceedings of This tribunal, Or a. il VS. DE-.
rominattd 1.-The worshipfh Court OF tns SchOgt
Bur omsster ard Scoetens, were all re 'oriei by
their Clerk or ) crstary; snd, 80 eyerJ tiig that
took pl-ce before 1.-THE nature Of the CLAIM or Of
the oftlse the staemen's OF tho parties, tue proof
and The cecisiou OF tue Court with the reasOos -.
sicptd for it-sas carefully noted cad written
down, these records supply full account Of the
esrinc exposition of rhe habits ami man0ers Of to
people Upon peTusing he H. il ID inp )Ss'be not 10
be tt uCs with toe comprei ensive kuOFlodgs they
sisplsy Of The prLcipe Of Jufi.prude0ce aud sitl
the cTeotres- and simplicity with which legI nyss-
LEGATIONS were couCucted In Tact, "a VI &.
o.rauirg huib, sId Of doing sObstsAtl, justice
their II ore ct proceeding was infinitely "a psror %
the poIe teohhic,l add sriicial sys,em in'roigcei
by heir English successors. None OF tiess Mas.
tIafes were Of the legal profession. Tnsy were al
engaged IL agricultural, trading, or other pursuits,
and u. they appear Ia have been well sed 10 hs
Dutch law bnO "a have ben th)roushy &C IA datd
WITH the commercial Usages custom add municipal
regulations of the city Of Amsterdam. Thi. s he
more remarkable, as a knowledge OF the ID Aich ss
NJ II of period gas by no means Of easy scqui,dn.
tn. u. the principles and practice Of the eiyl lv
prevailed ~ HOLLAND, II Srs greatly 0odiied BY
az Gil utsges; some of III of iedial Oriss Others
te retult Of free institutions. sh'ch hal sri,sd fen
re earle period; and II had engrafed upon i =
humber OF puDi'c regulations or ordinances, emsn.
sting from The oibsront provinces a. dis'iysS sod
partly IN pendent soyfr' lgDties, which Nv. ors-
mated either ~ cuta privileges sprunZ up during
Spanish donu GrCD, or were the result OF Tho long
stTug. le ana macy political changes which the Low
CCuItifs had 6s ed through before tbs geoefi
estsilishreDt Of tree nstiu,ons. 10 every and
yllsge IA Holland, moreover, There existed ussges
ara customs peculiar 20 'te place, which mad the
force OF lN~ and were not only different different
towns, but frequently directly opposite rhs Dltca
which Eight be found al the principles sell the
cetnis OF moot enlightened system Of jurisDradeNe
but in form 70 cobtu-ed 80 10 make It .X'esdiGgg
difficult 10 meser It. That these Ma sisu tes shogt
have BAG any general or practical scquantshce sfh
such system RI all, was scHcely 10 have b3en e.
yecie0 but that tbey had j. spptr,nt O1ly fnoa
The manner ia which they disposed of the o,dinrI
COT iroyei sizes that cane before them, but IN tnei
treatment Of difficult questions IA t0 tho rights Of
sbsDeeTs their familiarity with the complicated 4rs
Of Inheritance snd the Knowledge they dis played o.
the maItiue law while sitting Court OF Admir-
atty. The Amss rctm Chamber sent cot 20 them ms
necessary be oks to guide them 10 the pr Icuces
the Counts OF Amsterdam; and w1en the province
pssseo Into be hords OF the EDglish there $50 a.
tschsd 10 the Court small, but very select, lbry
Of legal works, msiDly in The Dutch language
Coming Gown to tie period Immediately antsrr
70 the Revolution, We find several interesting pt.
soDa sketc res drawnu, With jus, discrimin ,tion I'D
character aud often with great felicity OF Language
Az specimen, we take the folio wing, devoted 70 a
eminent Colonial Chief-Justice:
JAMES Delaney.
"DelsDcey, who G led the Office for twentyseyea
yesrs, was tie most prominent, and perhaps ths mH
oit ting usbed. He the son OF French IA
guenGt who had ams-std large fortune IN Ne
CooDy. Having received = Uniysrsi'y edac,roa
abroad, be bsosns at Al early sge, Al active esis
in public esirs, ard coni uec until the close Of h
life TO oceupJ spubiic station. la lea Al learning %
was Inferior TO several prominent, lawyers Of 10
time but be had remarkable ,tur Al abilities upon
which he depended, as 40 read but lit,s, sOd y.
very syerse 70 wiring Upon the bench hs sppei
himself lCseIy TO the matter before hun, ADD hsspg
very reteD,iye memory, acute perceptoo ard
sound judgment he wss nzbled 10 DISPOSE of eison
s'e cares with great rea iress and to ths general
ss,hfactioD of the Bar. Whatever be ma resd q
had acquired in The way Of legzl e,roIng, in no
course Of bis experience, he could produce, upon no
instant Having al bis kno Elecge thus promptly a.
command, auo. with e. mind 20 constituted, mat Il!
loe s force or lie grasp of subject 10 propofton IS
he delay I'd 10 deliberate be vas generally fe"y ::
act st ouc.-bis fret thoughts being a. way. inc oss
-eIpre sn hiDself, whslher from The oeneh, os ~
the halls Ct legislation with clearness bfsyIiy su'
toint. As a political nnansger, he wss Intrepid.