New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-01-30
Nttu:lork DAILY Gribn,te
LETTERSFROM THE PEOPLE.
LEGAL REFORMS-NEW-YORK CONVEY.
ANGLING.

To ne Editor Of TIs ~ Z. Tribune
SIR: read with great satisfaction in your paper Of
Saturday last report OF the Committee of the Assem-
by upon the Code of Criminal Procedure and the pro-
posed amendment in the form Of an indictment for
murder. The proposed amendment ia good specimen
of the saving that may be made by substituting
plain. common sense statement tor the wesrisome pro-
li1ty Of our old forms Of proceeding. An indictment
occupying l07 Of your cose, smalpnted lines, is re-
duced TO seven lines, and yet everything material Is
stated in the new FORM But there is matter in which
asimar reform is needed of more equence to the
public at large. Indictments for murder are rare-ln-
stIuments Of conveyance are making by hundreds a
day. The cumbrOus verbosity which seems 10 have
been much the delight of the old lawyers, and which
has been discarded in the improved legal proceedings
of The present day to have retained its ground
in the common forms of conveyance in use in this
State. hope you may have space TO publish one that
your readers may have an opportunity OF comparing II
with the simple forms used in SOME other states, ana
see what q waste Of words is made IN 1t. have be-
fore me blank Of the common form of warantee
deed which contains about 700 words exclusive OF tue
dating part and the IN testimoR'u as called; Whie
smother, of an Eastern form, oil which nave used
hundreds, contains us words and 1t answers all pur'
poses quite a. wei as the most prol1 form in use
You will observe that this Eastern form Is copied
almost exactly from the old English form OF deed OF
feofment used 800 years ago. when English deeds
were written in Latin, of which annex copy from
Blackstone. This FORM emitting the same parts as IN
the NewYork deed, and the reference to oeedal SER
vices, contains seventy-one words ms very simple
and elegant form came 10 be metamorphosed into the
terribly prolx ones since used by the continuance OF
lawyers to evade the necessity of livery of seizure or
delivery Of possession the and-by the establish
ment Of trusts-by the contests between Parliament
and the lawyers the former endeaverng to abolish the
secresy and facilities for fraud produced by the trust
conveysnces. and the latter contrvng-and always
successfully get round and evade the enactments
of Parliament.
The Massachusetts form annexed contains some
words more than the Latn-anda few that could as
vel be omitted. Yet every phrase has lie own mean
ing established by repeated decisions, and each OF the
four covenants has it, known and Determined oo-
iect and effect.
But the simplest form know of il that made use Of
in Virginia. and made effective by statute; this with
the exception Of the dating, contains AZ worda-aoout
a. many as the dating part and N testi"ontsm OF .
Newly ork deed. BY putting in after the word war
rant" the words with general warranty" 1t makes
a full warranty against everything By using instead
Of these words the words " with special warranty,
il makes warranty agant all acts ot the giantor and
oil claiming under him
Now what Is the use OF using seven hundred words
when fifty viii the purpose. LIT any one con-
slider bow many thousand deeds are constantly MAKING
in this state, how much time OF Recorders ana Cierks
Is taken up in copying this useless veroosty the num-
Der Of book. If records required 10 contain H. the
greater extent and cost Of reproo. buildings required
10 contain the books the greater space IN nfepr0Ii
ssiss required 10 contain the deed- and he VIII De abe
TO estimate something of the saving that might De
made by the of simpler forms. have sai hpthh
Of the extra time wasted by every one who Il Obliged
read the deed every time it read, nor OF the great
danger Of some mschevous error creeping In among
tie complicated folds of the volumnous pnaseoiogy.
The object could be attained by statute IKE that
in tie Virginia Code giving form of deed and pre-
scbing the effect 10 be given to the different phrases
used in il. know of but one objection oft. Tie
ample sheets Of the present form give raiher nagn
cent air 10 the document, and enable the lawyers 70
charge CT fifteen dollars for whet would be ~eif
paid for by one tso.
IT, the kassachusftts form ahrexFci have il-f-'@"