Evening star. [volume] (Washington, D.C.) 1854-1972, 1857-11-21
WASHINGTON NEWS AND GOSSIP.
The DISTRICT CoDE.-The new Code is pre-
faced by the following note from the trainers,
Messrs Guild and Gross: t-& a. = =


Messrs. Guild and Gross AGs -. = -
NoTE-The undersigned, commissioners aP-
pointed by virtue of ssAn act to improve the Avs
OF tue District of Columbia, and 10 codliy tne
the result Of their Iabors The Trainer of that act
was the Hon. Henry May, formerly chiIen OF
this District who, from an extensive practice In
our courts, was made fully aware OF the Evils
u.s. The people of this District will, in a great
degree, be indebted to the exertions Of that gen.
tleman for any benefits which may result to them
The commissioners were required - to revise,
simplify, digest, and codify the laws of said Dis
trict, aud also the rules and principles of prac-
tice, OF Rieadings, of evidence, and conveyan-
cling" The Code itself Is the best commentary
on the manner in which that duty has been dis
charged. The laws which II was made their
Duty to revise and simplify" consisted, in the
OF such Of the English statutes as existed at the
time OF the frSt emigration to Maryland, and
I" which by expe rience have been found applica-
bic to Local and other circumstances, and Of such
others as have been since made in England or
Great Britain, and have been introduced used ,
and practised by the courts of law and eauity;''
also OF the declaration Of rights constitution, and
statutes Of Maryland passed prior to the 27,h day
OF February, 1901. modified by the constitution
and laws Of the United States
Our statute law thus flowing from three dis
tinct sources, Is almost necessarily inconsistent
In many of its parts. Much Of it Is also obsolete
Much or Ii Is dishgured by the prejudces of
past age. In many cases, the circumstances hat
called forth the statute have since passed away,
or been materially changed But perhaps the
best founded complaint Of all Is the entire alb
sence OF any statutory provisions in relation to
matters which, in the progress Of time and de-
velopment Of society, have been made the SUBJ
jects of legislation in almost every other civilized
community.
Deeply impressed with these views, the CON-
missioners have endeavored in the preparation
OF this Code to give to the people Of this District
{ he benefit of provisions which, in many cases.
have even been adopted by those from whom we
have derived our present system In no instance
where there has been a departure from former
law has any principle or provision been intro
duced which has not the sanction Of modern,
and, as we believe, enlightened legislation.
The law of March g. 1855, required that this
Code should be approved by majority Of the
board appointed to consider the same The
members OF that board have certified to the Pres
ldent OF the United States that they have consd-
cred the provisions thereof, and do unanimously
approve the same. In further pursuance of said
law, II is now submitted to the people of this
District for their consideration.
RoB'r OuLD,
WASHINGTON CITY, Nov, 1857
We perceive that the codifders, instead of
following the old form of framing statutes,
have, by preliminary rule of construction,
shortened and simplifed the various sections.
Instead of inserting in each section the words
Sc he, g she' or they" or the words "per-
son" or persons they have wisely adopted
ageneral rule, which applies to the entire Code,
as follows:
Every wosd importing the singular num-
Der only, may extend and be applied to several
persons or things, as we'll as to one person or
thing and every word importing the plural num-
Der only, may be applied to one person or thing
as well as to several persons and things; and a
m m
extend aud be applied to females; and the word
person. may extend and be applied to bodies
polite and corporate as well TO individuals >,
An the arrangement of the Code, we observe
that when a subject is once treated of every
thing relating to that subject, as far as possible,
Is then and there put down. Thus, for instance,
the Second Title, between pages thirty seven
and forty -four, relates to Offices, and, accord
ingly, every thing appertaining to appoint
ments to office, to vacancies in Office, and to
paths of officers and official bends, is there
treated Of
The Fourth Title relates to officers and their
tees. The duties and responsibilities of, and
remedies against various officers are therein set
'orth In detail. Under our present system the
Clerk Of the Circuit Court is Recorder of Deeds
and Clerk Of the Criminal Contender the
Code this arrangement is changed. Sepa-
rate persons are to occupy the positions of
Clerk OF the Circuit Court, Clerk of the Crimi-
nal Court, and Recorder Of Deeds. The latter
g to be appointed by the President, for four
years, and the two former by the Judges of the
respective Courts, during pleasure. 1t is be-
ieved that the fees that are specifically set
orth In this title as compensation, will amply
remunerate the different persons who may hold
these ofices. The same or q lower rate else
where, where there is not more business trans
acted than in the Courts of this District has
been found 10 be full remuneration. A yery
considerable reduction has been made in the
tees OF the various officers. Under the table of
fees as provided by the Code, the fees of the
Clerk Of the Circuit Court in an uncontested
Ease will not amount to two dollars; under the
present system we understand they are nearly
i've dollars. This difference results principally
rom provision in the Code which dispenses
With the necessity of recording q Judgment
which has been obtained, and for which the
Clerk has been allowed three dollars and sew.
,nty-fve cents-in an uncontested case the en-.
are fees, independent of the attorneys, will
aos onount u any tnlnS ike a. much as the
solitary item before referred to-
We find the following provisions as to fees of
Jurors and witnesses:
FEES OF JURORS.
Sec ii. The fees of jurors shall be as follows
Every juror shall receive in the Circuit or
Criminal Court, to be paid out Of the United
States treasury, two dollars per day.
Every grand juror shall receive for his services
a. such TO be paid out Of the United states treas
ury, two dollars for each days attendance.
Every juror for attending trial before a Justice
Of the peace shall receive fifty cents for each day
of his attendance to be paid in the rst inst nee
by the party directing the venire, and to be taxed
with the costs Of the action.
Every Juror sworn upon a coroneI's inquest
shalt receive two dollars per day for his attend
ance.
Every juror sworn before the marshal or other
1ficer, in pursuance of law, shall receive two
dollars per day for his attendance, to be taxed
with the costs Of the action or proceeding
Talesmen shall receive the same amount per
day az jurors, to be paid in like hammer
FEES OF wITNEssKs
Sec. II. The fees OF witnesses shall be as fol-
lows:
For each days attendance In the Circuit Grim
NAL, or Orphans Court, one dollar and fifty cents
Tor each witness.
For each days attendance before justice Of