Wilmington daily commercial. [volume] (Wilmington, Del.) 1866-1877, 1872-11-15
OUR SYSTEM OF STATE LAWs-ITs ANON
ALLIES AND INCoNGRUITIEs - REVISION


NEEDED.
Wepropose to consider, in this and further
articles the true condition Of the laws of our
S ate, aud the urgent need which exists for a
til trough and radical reform of the whole syf-
ten-if indeed, our legislative enactments can
properly be thus designated.
Various causes have contributed to impede
a progress in the improvement OF our Statutory
/ VIZ The extremely limited jurisdiction over
itch the laws Of Delaware obtain, and the CO n
s,luent infrequent recurrence Of similar ques-
TONS; tho fact that the systematic revision and
dgesting of our laws, by individual enterprise.
a. in some of the largest states, could not, from
Ie small size Of our State meet with a sufficient
improvisation feeling largely entertained but
seldom expressed that legislators arc chosen to
protect certain interests only, and that they have
n further duties incumbent upon them and
tn, further TACT that too frequently, legislators
Ill to regard the Jaws which they aid in passing
part Of system, and do not duly consider
their effect upon existing enactments are some
Of these causes. We sincerely hope that the
Legislature recently chosen may 20 proceed that
heir State may, at the same time, be just to it.
self and be proud of them.
Let this be clearly unde! stood: The question
M Ter discussion is not simply the adyisability
OF new codidcation OF on laws; the object is
10 awaken the people Of our State to the fact,
nat the substance Of our statutory law is much
mlre defective than its form. That the materials
ON which the Code Of 1872 was composed, re-
c5,,ed careful handling ard we're well codi6ei
W, may admit, but the avowed object Of the
co nmissioners of revision was to avoid if posi-
Die, either adding to. or taking from, the then
existing law. In the interim from 1852 to the
present, many new subjects, demanding legisla-
ton, have presented themselves to the people
NJ our country, and our State, many reforms
hive been demanded by changed condition OF
fairs, but legislation advisable for the protec
ion of our now interests and the encouragement
Of new industries within our borders has been
sally neglected. To Illustrate; We hive no
method by which an industrial asso'i ICON may
bee Incorporated, save by the taldy aud .
Gee lngly expensive method Of special legis
ton; judgments against delinquent debtors
or redress for injuries received, can only be ob
ia ned, under the most favorable circums .ances
even though the debtor, or ll-loer, has no de-
e zee to offer, once in six months, excepting il
few cases
Nor were the laws which existed in 1882, ant
rom which the Code was made up, so perfect
--s~asiYA % t"onty years eNpen
el'e, no improvement can be suggested. Illrs
trations OF their defects may be found in the
procedure for Divorce, and the imperfect guard,
established against granting letters testamentary'
%: Of administration under improper crcumstan
res
again, the unsystematic amendment OF oll
la Sc presents this anomaly: That while a none,
interest in the event Of a suit OF the value Of
single cent ID sufficient to exclude the pures
and nest truthful man from tes,ifyng in rcia
hon to it, yet oil the mere er pdrie affidavit oil
L landlord suggesting fear that his claim fo
rent MT yet dae, b'a subsequently, To dccn,a may
be lost, an attachment will issue, and by holdin-
the goods Of the tenant, On some instance, the
whole Of his crops,) deprive him of the very
means by which he honestly hoped to raise the
money to pay his rent
Ilese are not fancy sketches or oyerstrainet
statements they by no means embrace tth,
u the faults that are pinchipg US, dali, an.
which demand early and effective treatment. We
60 uotfequire the addition OF few mole patche.
to our tatered and torn Josephs coat. but new
system made truly Of small and we'll favored par
'c.cs, with new ones chiseled into shape and
luNnty, and old ones re lressel and all 50 arran-
sei. - to present graceful aud seemly means
Justice.