, 1860-03-24

w" XV4A LIZ A1AAs
e<mss 4uesftsn@- C'odt or EfSLE Ptat1tekf |
ImppriAaf fhsforn.s-.7hs1es 8 Capitol lIattd-
5aS,' 4uts5tos.
Correspondence Of tie P1cas and Tribnne.1
DIS Metszs, 1o#a, March il; 1e6o.
Since my last. the Senate has bad before it
the Code of Criminal Practice reported By The
Code Commissioners. 1tproposes no very ma
terial amendments to the present practice, ex-
cept the giving the of closing argument to tue
prisoners counsel-a provision urged With
great zeal by the criminal lawyers, and resisted
by all true lovers Of" tie peace and dignity Of
the Shate. After day spent on the report, the
Code was passed by the Senate, substantially
as it came from the Commissioners, by d large
majority.
The " Whisky question" hrs been up in the
Senate again The House passed the bill re-
pealing the Law Of last session allowing the |
manufacture and sale Of wine, beer and cider in ]
the State from products raised therein. When |
this bill went into the Senate, that body, after
considerable political sparring, sent the bill to
a Committee, with instructions to report back |
a License Law-which is just the Law the House,
a few days since, indefinitely postponed. So
here ends all legislation on that subject for the
session.
Yestardav was t,oo1,v nossod tho coda or1.;vi,
prsct;ce Heretofa,o wa have hoar 1,bor;,o
under practice Of the most IL glorious iipcer-
tainty" and incomprehensible uncertainty pos
a;b,a IN conca;vs Tba o,d fon,n,,r r.. pr,c.
tire VIVA aho1;shp1 in 1s57 and in Tho h,;ef snare
of soma tvonty-Ero no.os ,n a,t,raiv nar
FNe.s o
pfaet'ce 1of Law and equity proceedings was
sought to be elaborated with such simplicity as
tn mt the o}d nract;ce tn ,,t3er shame The re-.
~ :. .,1
suit WAS tne lnaugofat1on OF pfaetace tna1 no
lawyer in the State ever really pretended to un-
derstand. and which was xefy differently con-
et,,,od =, a;aa.a.,t a;o.u;.t. n. -. H.
s's..a - olns'ens u's''ic's' ~ fe"euy 'oe
commission was created OF the Commissioners,
r. r T,orv;, t7so IF p,r,;,ot,r ,,os .ss;,.n.d
A7a.' - ~ "1a a'stGns'
tue task OF preparing Code OF Civil Practice
For the past two years he has applied himself to
The tael and In fac;,;+.ta b,a 1ahnra grst ,,o1-
lee'eo I'LL 'ne pr1nc'pal P'aet1ce "cfks, Doth OF
this country and Of Europe, with the comments
nf the hest writers an The suh;ec+. TT. naxt
49, "a ....a1.o.a .r;.,> .,.s~,.. -.
- - ~ &C., ~ 49, .,a;u z;s,,.' ~ -
Je' ~ '"e o.a'e'aA0 ~ .4e'l views " 'ns no'e
important features OF practice, and also with
| the most eminent lngyers and {udres Of the
| states md of Eurone From, thu inflammation
!.
derived from tnese sources ne concluded ihlt
completion or perfection Of Code Of Practice
| was deman1ad rather than a retprn ia the f,on.
=. w. 00"t
mon La" fractlce* ine resoi' oi LIS 1"o years
labor is now before us IN the report Of q Code
Of Civil Practice. coFeriue some iGt paees. with
| ahnut the same number Of pages Of remarks On
the history of Practice, embodying the general
course Of DECISIONS on the subject. and the ouin-
ioIs Of some Of the most learned writer's on the
subject of the present uee, Tllis code. so round.
| ed in and completed with two wears study and
consnltation. has now been passcd by the Cen
eral Assembly. and becomes bepceforth the Inv
of the land. But few amendments have been
rnade. ard fhose mostly unon consultation with
tha commiss,on: "a that the comn!etcness ofthc
wnr, ia hit slightly mnrrcd witt, Legislative hisr
o;nnNa oanni7et lint ali renorts Tnnst mas ap;,
f,sS w;th6nt fatal wouuds >'' p'''''"AN
FroIn tI,s cnr4ory examination of +ba ,vort- 7
hare u1a'ie It sr.ns tn me Ike n,a;nest vt
,,no+ cnmnrahons;re of anv I,aGe E,,sts,n hssre
~ saan II ia romr1ateness If d.Jo;i - sao,,s
Il nror;;le for almost every concciyahie nnas.
t;op IF Pract;ra That can ar;sa, and ,,nds~fsr;n1
| y ;s theory wh;cb at oncc cnmman1. ;1sc}f II
| tha iudgmcnt becausc hasaS nnon n raason ~ ~
Smndat;on tI,af ,r,>;.-orr r,;1as ~ tnn ~,