New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-03-11
GRIMSTONE ON CODIFICATION- HINTS AS
TO TIE COMPARATlVB UTILITY Of
CODES AND DIGESTS.
r. "a. la,.o, Of TIE n. Y. Tyibuas.

r. u. Ia,to, Of 7ns N. Y T'itua"
SIR: TIE recent notice Of bill in the Legislature
for the appointment of Commissioners to complete the
codf, ing of our laws, has revived in my miod some
views which occurred to when the subject formerly
atr, cted public attention, and which think would
Tow be well timed.
The idea seems to have taken the minds ossso ne
pertons that our laws need reforming. the work OF
re-Ofganzipg our courts and establishing new prac
tice hsv pg been accomplished, ii seems only to have
roused up an energy Of reform that requires more
expsI ded action and more massive materials upon
which to lay out its strength. Nay, Unsuitable is it
that for want Of greater scope il like Saturn Of DID,
devour what il had itself created tina. is 10 say,
refoi ing what it had already reformed ard il might
be well TO initiate the device of Saturns wife, who
substituted stones in place Of his children, to satisfy his
yoIsci'y.
The Code of Practice h.s been annually the subject
ofrtvisiou Our Legislature do not give the new sys
tsm tin TO settle but nier much c0Lhict Of opinion
and an spproach to an a ustmeDt Of deb.ted points
ore coLiibuAIy interfering With nev ensctme MS,
which 10 their turn mutt undergo the process OF ne
'.IneLaiiop. But i, no. our purpose TO hnd sui!
tn what bas been done in respect to this par o. our
judicial system. Reform was needed, and II could not
lie that leg saton should in The first nstacce
be pertcl The put lie Unders aud very little the gen
raiye prccess BY sb ch the sy.tem OF practice such
- i'is bss been produced. The Code as hrst re-
IfTfed. IN Aurilc On StrrlOn Oi iuc richCu ~"
Of Practice ard foaliy converted into something
more be- meg eneous by tbs labors Of Legislative Com
t..s bu, sre esIecislly by the supt vision OF an
II oiyidua whose meme is associsied With all the sub
,isriis changes of our laws for the l'st iye-and-
w. MY year,.
Bu, W. hsye row a proposition for the oOdfying OF
ne vboIe h dy Of cur lawr-Iot a. Gas done In isol
end 1913 end more completely IN 1890, the conpla'
ton Of the statutes ard reducing them TO Dcy
but 10 re arrange ell t,at hsve in the Reports
&C D, cisons and in Eemebtsry works a. vel az CHAT
"a cop'aipsd In statutes OF the Legislature snf 10
make al E1egesis OF the whole uLder tiles and sec-
ii.rs similar 10 WHIST hes been already done 10 the
Code Of Procedure in respect 10 part Of the system
Attouah 10 action has been taken up, the project
s. tie present sioo Of the Legislature, nor n likely
10 be We may expect the renewal OF the subec. az .r
aid sgsip, until peitsfs the public mind shall b.
yon over TO tie belief ID ii have sJme Trtb0t1'
IN org Who can compact cur las into a slnp'
siuotnIe that shs superede al the lore OF pas, q -
Ell Ietd DO ail OF legal Learning hereafter.
We Gre no advocates fer q rigid retention OF ADJ
thing Simply because it has been 90 the contrary W
hold, in accordance with TIE maxim Of Bacon test 10
povsiion is required 10 Greer TO nsbtsia scuDd coo
di ion If things bu. that should in our ion1yadon
initiate the example Of time, "rheh iHfeef, una
r0t<tA sreoy bat quietly, and By desrees, 'eITee'y
" be pen ctirtd
IN thi, matter ef the completion OF cur laws Into
code there is something foreign to our habit AZ ea,
the Eng.h usage which We Inherit, sni Ssi,a - 10