The weekly standard. [volume] (Raleigh, N.C.) 1869-18??, 1870-03-23


lie haminess or prosperity The OLD ~,
!. ten OF procedure in civil ae,l9ns W.. -
: ~ ~ IN - ~ I11l a. h l.llI!!.!
there was no means 10y whicifa private con
troyersy could be determined or an &C.
knowcdgcd right enforced the State was
practically without law. -
Sensible Of the danger urisng from this
state OF things, in IL very few months the
Commissioners presented to the General As.
sembly Code of Civil Procedure which
met your sanction. II was, we humbly con
cuiye, the best that could have been framed
in obedience To- the Constitution. At first
this Code was unacceptable to the bench
and to the Bar, as all changes must be- bat
we believe II has gained in the favor of both.
For over eighteen mon Ii, Justice has cen
administered under it in civil actions with
out complaint. While we ourselves candid.
ly admit its imperIections in some Respects
we think its greatest enemies will admit
that 1t has some merits over the former
system. However, whatever may be the
merits or dement's OF tue new system, all
calm men must admit that a return to the
OLD is impossible The only resource is to
Improve and amend the new. We believe
That duty can he much better performed by
the Courts than it is likely tn To he hy the
Legislature, and therefore with the cxccp-
Tons oil some corrections of misprints and
clerical mistakes we have not presented to
the Honorable General Assembly amy pro
posals for substantial amendment of the
Code of Civil Procedure.
AS an essential complement Ia the chung
cs made by the Constitution we have pre-
scented to your honorable body ut this srs-
siOn. II Code of Crimes and Puni4hments 49,
The subject is one of great Importance the
lives OF mefrnXay depend on - phrase We
have given ii Great consideration hut in
view of its imp1 Prtancc we do not recon-
mend to your Snorable body its adoption
at the present slession We prefer that it
shall await Thea Iiict and repeated consider
alton Of hose competent to pass on its
We ha,yksovn t this session submitted a
Code OF Cru thal Procedure. Generally, It
is a mere disvast of the present law Us shown
by our statu es 1pr decisions; the few clnng
Is made in III resent law we think impnt
tunt. We rrcdsigmcnd the carly passage of
this most mlc liant hnr st statute ,i We h1yc sui
,nittcd it to IL oar OF the State and 80 tar
have receSred criticism upon one point
unIy. viz Me authority of the SoIicit%F tn
untay a mol kros. The Solicitors dc.lfc to
retain inc ssythority. The opinoyur the
bench and the bar il agTr-< Than,
and confirms our proposition in ths3 ,t,ndr
We have therefore to ask the cur rn,inn
OF your onorable body to tlyHvSS nm%
- : iIil a e.,
the duties of the various public gv5crs
throughout the State, met your approhrion
and is part of our law. ~
These Acts, with many othrSsuch as
those concerning tho settlement OF the cs-
iates of deceased persons, guardIH and
ward, landlord and tenant, fences, Nraning
low land Nc prescribing justrulcs and con-
vcnicnt modes of procedure in all these i'm
pnrtnnt subjects. form body Of law, the
enactment OF which will, for Mt least Il cen
tuiy to come, mark an era in our history
We may be FeEmittcd Ia believe that tins
lody OF law, kthe certainty and economy
il has iptrol ID into the administration of
Justice has jed, and will save, millions of
dollars whii would otherwise have been
spent in N ccssary legislation, and will 90
far to cd,spK-ate the people OF North Car
olinn Tor ali thrT losses of prnpcrty IN the
late disastrous vkr. This General Assem-
bly, may apprA q, those statutes rs vlndi-
cation from amy Charges that may he mnie
against it bcuau OF prolonged and cNp'n'
siyc sessions,
IL is said OF a certain obscure and badly
drawn English statute (nt iraudsl that
every line of I, has cost the people oi ENG
land u mlllian nf pounds in getting II IN
interprc,cd nv tho courts If this General
Assembly Ind done nnthing clsc but to en-
act thos. statutes, we feel at liberty tn say
that IN our opinIun. the work would have
been worth the whole cost of your sessions
1t will be n source Of pride to you, IN which
we may he permitted To share, that your
names are forever connected with such Just
lint two riho great subjects embraced
within our Iulic, remain untouched Il gen
emf corprr,tion law. aud one defining the
nn,,c,s If ,n,rr,rI women over their spar.
atn ,r,n,r,y Reside, that the Constitu
NV P,"p"'N .,,,,,,,rL. tho Hr,r. il, ne
W." pVs'th',! W,,"l, ,,f the linn, ot the