, 1873-01-25

es5s51 But in revising the law Of Judgments
sni Executions. this act VAS also repealed, and
nothing Of the sort has been Observed III tho ro-
vision
ness and severity here displayed in obtaining
judgments and issuing s.ecutions, y with that
wonderful liberality whicl. has exempted more
ihan $4,000, to an ordinary {amily, from all sorts
et sasa s 9dr Rss e9a ef pe then wisdom es @
bodied in this boastea "revision." by such
comparisons, that unity Of plan and harmony o.
detail, for which, 1lr. Hllrd claims 20 much
praise, becomes clearly apparent.
In order to make the securities OF an ADMINS"
traitor Or an executor liable, the common law re-
uuires, i. A judgment against the administrator
or executor as such. z. 4 second suit, also
against the administrator or executor, ana Hel.
dict of derasfapit therein: that is, tndlnR that
tho administrator or executor Has Mass9a IL sn0
vertei the sa,no to his own use. s. After there
two suits have been carried through to
the end, then, and not till thon, are
the eecurties Of an administrator or an executor
liable to be eued- These principles we're long
a9o declared to be the Inv in this State. Biggs
et ii. '. PoSlch,caite, Dre. 154 q93) and cases
there cited. So also in Greenup ct al. =. Hood
,norh~ B1c. 179 (o32), and Same Y: Ero'cn, Drc.
1a3 1851. Those cascs were M decided before
1soe In the revision Of that year, two new soc-
tions were prepared and enacted Tor the express
nurposa Of removing those difficulties. The first
d;speuses With decdstarit iu those few caEes
where the Probate Court orders the payment Of
money: See Statutes, vol l, p; 823 !, 1872. The
SECOND dispenses with q deUGstaru in al
other cases. statates, vol l, p. 825, s IFS.
formed part Of the law But. b.
the extremely careful and judicious revision Of
End not re-ouacted. Tho reeult is that in d very
large class Of cases. ne:f1y all that usually
occur, the securitios Of an administrator OF au
executor aro subject to- no Liability. whatever,
until after two suits on tue same cause Of action
have been brought against their principal, md
both have been successfully prosecuted to the
end. In support Of this proposition, tile reader
IS refe1rod to The People V; Muller, Scam. 49,.
Ths law formerly provided tEht the securl-
ties Of guarlian might apply to tho court for
danger of suffering by tho u1ismanagenont Of
such guardian aud authorized the Court, to
giant that relief statutes, vol. l, p. 3l5 8.
Mr. Hnrd has '1 rewritten" this law, aud made
samii.is::rnto-s- S>s:rtca, vol. 2, p. 461, 5 81.
Eat IS to the securities OF ;yua-di.us-the very
c.1G o. ro:5aus for whose benefit tho act waa
nriggiuail; I4ssod-his revision ropoals this Law
md dogs cot enact il
Foznu1T, tho law provided that where the
Ea1 of t1at2.o- failed to dispose Of al his es-
1s.r, TIC T. a1aos11d bo administered upon by tho
u1sc7:cr O. administrator with the viii
g Ezna21 s!asu51a, vol !, P. ao5, 5 45;
fre seas ns' gsa !a sn e a'Bpio Bs un49o asn9d 4s
1::jen 1rE9ea's tac foregoing section, end doea
III 1cc1=ca5 t. SILL ii ts,ia mero I'll the Court
night Jct &c q, IN tbs old Hay, by virtue o. ita
C=nGzl Fcz7sE1, znd appoint an administration to
&c E::mcr Tzae:icc- En: tharo is an "inpro7e-
En5" q Mr. Hual which chectun11y prevents
szaa proceeding. $40 administration sl,nl in
m9 cs@ Be gEoted unM aa.isfact1y proof be
1a,d2" that sho dooeasod ~ died intostate-'
t:==-atsz, rol P; 45o, 51s- Ba.u the deceased
40: do .iE.cEta.a," md such proof is not pos
size Tho Ics1E is thatno such estate can over
+ ta5lee, bccss1se tho Property not covered by
Ia VII caaaos bo administered upon st all!
sn1 silbcr to work out OF to pay his poll tax,
LS> 1ogiscd Road lsu provides no remedy what-
e7Ez- AL th75 can b, dono is to bring civil
sais him for tho azuout Ct his tax, take
iaoFrJ caa 10 found, that is the end OF tho
ET- s:z5ntes, Vol. P. ss7 131- Under
tso cid toxnship organisation road laws such Q
I=lic4nsEs wao fined, and in default of payment
r1::ts;;:5s hc sent to jail Modal revisionl
1o7moriy, tho hH provided for proceedings
csga!7s. Sheriff or Coroner who neglected Or
reIa-sl to return ane1ooution- Statutes, vol. l,
+. 5l6 s 60. After notice to return, the off,
ccT might other be adjudyed in contempt or
compelled to pay the execution himself. But
- D4 tA1c lCAaluLESs
sol 2, ?. 293 s177 note y, md not rs-enaoted.
Tuc1c is now no remedy.
So, also, tho Law formerly required Clerks to |
enter in q book kept for that purpose, the re- !
turn Of Ill executions. Statutes, vol. !, p. Sig
sG1. This is repealed by Hurd's revision and |
not rc-eaacted.
The revised Road law first declares that ''au
suits FOR the recovery OF any penalty under this
ac1 shall be brought in the nauo Of the people,"
Statutes vol 2, P. ss3 81. A Inter section in1-
ra11nffv asrai0st rarf4i nffinarE and
thorizes suit therefor in the "na,ne Of the in |
former" Ibid, p. s95 s 1870. Suits for poll tax |
are to be brought sometlmes in the 'sname OF
tie town, and sometimes in tho ssname Of tho |
Commissioners OF H'ghvayB-" Ibid, p. 339
1871. Harmony and simplicity!
Fines under the revised Road law are all to be
p:;d to the Commissioners OF Highways and ex-
pended onroads and bridges. Statutes, vol 2, p.
Ss3 95. But under the revised School law,
made by the same reylser and passed at the
eame session, all fines whatever go to the school
fund Statutes, vol 2, p. 423 259. Harmony
eGain /!
!: But it is time to stop for the present. II 1t
shall appear that the 1eviser is not Jet satisfied
If he thinks the Indictment against Hurd'a Re-
vision is not yet established by the evidence-if
be desires 10 see another array Of its omissions
sad blrnders and unauthorized changes spread
before the public, his wishes can easily be graft
bed The materials for further criticism are in
exhaustible-
It is not worth while to waste much time On
Ii; rambling apologies and point1ess EXCUSES
tle-ed By the reyiser. Called to account for his
readleEs failure to cooperate with his associ- I
2;es, Tor Lis indolent omission to do any work
ios hls wilful and reckless disobcdience Of law
= the manner Of presenting his report and OF
a.klng lnoTn his ch2ngeb and additions,-what
as as he be- to say? Nothing. Absolutely moth.
10 charges made against linn, or to
oCtrDvert fi,o avidanca already of7f1rcad in aur t