The Washington union., 1857-12-04
THE PROPOSED DISTRICT CODE,

THE PROPOSED DISTRICT CODE
i've give below criticism upon expression in
recent article in the Union concerning the law, and
the practice under it, in this District We expressed
the opinion that in no place in the Union were the
law and practice unsettled as here. This opin-
ion we believe to be literally true, and had our cor
respondent been quite familiar with both in the sew
eral States he would probably have arrived at the
same conclusion. We have the common law, not as
it now stands in England or Maryland, but as it ex
listed in both at the date of the revolution. Every
lawyer knows that this system has changed since
then in many particulars and is continually chang
ing so that recent decisions in either do not declare
the law as it exists here. Many English statutes
not re-enacted in Maryland, and all the statutes of
that State 'as far as applicable are in force here
Which are and which are not applicable and in force
here has always been doubtful and matter of dispute
Probably two-thirds of these statutes are inappl
cable, but it would, we suspect seriously puzzle
our correspondent to tell which. Maryland had
chancellor and chancery system, but much of the
machinery of that system is napplcable to the cir
cult court of this District the jurisdiction and powers
of which are matters of much controversy. Much of
the criminal and penal code of Maryland, and the
mode of action under it. inapplcablc in this Dis
trict. The town and county regulations almost
wholly inapplicable, e a as3at sa.@sa
Men are bound to know and obey the law, but
of the two enormous quartoes containing the old
Maryland statutes which were in force when they
were extended over the District no ordinary citizen,
and only portion of the lawyers, tell what por
tons binding. Even the laws of Congress are but
little better What is in force and what not is vehe
mently disputed, as all must know who understand
the matters in controversy concerning the banks and
the issue of bills by unincorporated companies able
lawyers both in and out Of the District entertaining
different opinions. mtal ta rslah q
The fees that the clerk may retain, and the
mode of collection, are matters of controversy In
dictments can be found for common-aw offences,
some of which are wholly unsuited to the present
times, such as those for scoldng and Furnishing
women by duckng for that offence The extent
of the circuit court jurisdiction over federal Off
GERS is still an agiated question. The powers and
duties Of magistrates and constables not clearly
defined. To what extent tobacco is by law, meas
ure of value, in certain cases. like holding to bail,
and for certain fees Of office is not free from ques
ton. Whether, in any case, under the Maryland
statutes the President can perform certain duties
that they devoved upon the executive of that State
is still an open question 1t is also unsettled whether
the marshal of the District can perform every duty
which a Maryland or English sheriff might As
There is end to doubtful questions growing out
of the anomalous condition of the law in this District
The practice of the courts is equally uncertain, and
even more difficult to learn. There is not book of
forms or work on practice wholly applicable to the
District. Some points were disposed Of in Cranch's
Reports, but everything else, except fortysix rules
rests in recollection and is constantly matter of dis
pute. No study find it out Those who have
been long at the bar and have memory enjoy advan
tages thatno learning and talent can secure. prac
tico which does not result in formal Judgment rec
ord in every case finally adjudicated may well be
termed loose ifnot unsettled. The same may be said
where, without written direction from the party the
clerk enters appearances, pleas, demwrrers, &c. It
is said that when magistrate renders judgment
in favor of party he gives it to him on paper
and he takes it away with him. and whenever he
wants an execution he can call upon any other ma
gisrate in the District to issue it. and that there is
no Office where the debtor pay his debt and be
discharged. Ifthis is so, a remedy is needed. r
Our correspondent will learn by inquiry that both
the bar and the public desire such changes in the
law and the practice under it, as will give the pco
pie of the District the advantage Of all the improve
ments made in both in the different States within the
last sixty years, few Of which have found their way
here. We are for improving the law and the prac-
tice as FAR as il can be done. We do not think that
either came to perfection during the last century
any more than the implements Of industry. If