, 1875-03-14
NEW YORK CCDE AND LAW REFORM;

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place.
NEW YORK CODE AND LAW REFORM:
Lecture by Prof. Denslow.
Prot. DeusloW delivered the Saturday public
lecture before the College OF Law yesterday, On
the New York code Is compared with the Illinois
system OF practice. He began by saying that
the Illinois system is compound OF three sys-
TENS OF codes. FIRST, there is 50 much OF Chitty
as haa been adopted, retained, and not modified.
Secondly, there is the Practice net, forming q
code in itself nore subTersive Of English psac-
tics in some features than the New York code !;
and. finally, there Was m oral code
to be learned only BY prachce in the courts,
comprising customs which might hare come from
Kentucky or Virginia, but which we1e unknown
to the common Law. Such is the custom OF CIV
ing three speeches to each party on the trinl, in
stead Of two Of making motions in arrest OF
Judgment and for new trial before the single
Judge Who tried the carse, instead Of before The
other Judges in banc, aud many others. The
Practice act is series of indepeal-
ent and disconnected amendments, frHnsed
by different minds, and having
no necessary harmony with each othoz or with the
system they are deEig igned to fit into. They are
tho shot-hoies left by Granger and farmer legis-
lators in the venerable edidce OF the common
law.
The Mem York code is not OF this character,
It was drawn by David Graham tho author of tho
ahlest work on common law pleading and prac-
tice ever published in America, by David
known st the West Its insp:ration. hor-
ever came from Jeremy Denthan1. Sill Samuel
Rornilly, aud Lord Drousharn, whoae speech OF
A;n 1a1r Ian FAf rty1 n
sets forth all the charges contained In the Now
York code of 1913, exactly twouty years later.
The American Encyclcpa>dia IL in error in ST.
tlibutang Drouehanl's laoors 10 law reform to the
Nav York code. That code is itself the result
Of his labors.
Tho code differs from onr system chiefly in its
greater efficiency il bringing abou: q epeody de-
Termination Of causes, and in making the Ear
sergiceahle in collecting. debLs+ for wnicb pnr-
poee tue speaker regarded ths Bar OF ILLINOIS ns
eficicIt 1nstruu,ents to work With. In New
Yors tho party judicia:ly dater:niaed to be
in the right could ALWAYS make tho wrong
doer pay tho costs OF tne litigation Here
defendant would always save mo2es
the wrong or not This discouraged the bring
ing OF sui:s white it encouraged Tbs defending
Of every suii brought Hence tho merchants
maxim, 'tNone but fools over sue and none put
fools ever pay wlen they are sued" Tho Bar in
the lons run woula 10 employed only in propo7-
ton Us the weapon they handled, viz. the la1.
was efficient. Those mho SUPPOSE mcrs moaav
can be made by thwattiug justice than br cbsain-
ing 1t, are mistaken.
mopses, not tie Court, and, # no defense wero
intcrposcd in collection cases. w1ote mp the
Judgment 1t the end Of twenty days, whether
tho Court we're sitting or not; whereas, here In
many counties Of the State, where courts sit hut
tw,ce q year, delay OF half ayear is involved.
II this IL good, why not maze claims
sndA'A1 aud rive T tho debtors . still 1onge:
millennium? In New York, the defendant bea:lDs
the costs. Offers promstiy to Let ludE1nent 10
the plaintiff can recover. The plaintiff accepts
It it ne Gnu, knowing thrt If be does not re-
cover more the ccsts so against him. These
coats for single trial at country cu~
eu. are geneaslly aeoat 81 sa sssons ~
trial they may amount to S30a. varying With the
apnouut involved and services rendered. In
dropping entirely the bill Of attorneys costs we
have lost IN essential pais Of tho English eJs-
TEN.
e,ence. the substitution of truthful 10: fAlEe
pleadiuga, tho substitution Of ! brief personal
examination OF the judgment dect at Cham
be1s for our .cunl1ons Creditors Eli IN Chan-
cery, and various othor Of tue festtres OF the
New York code, the united effect Of nhlch he
thought would render the Bar OF Illinois many
times more eHocslro than uor az 81 aid in tbs
collection of debts and tao DISCRIMINATION OF
controversies. Over forty Of Lord Erouehans
bills relating to various law reforms had been
adopted and were DOW the law as far
almost rs the English language is spoken.
In 1928 he recommended that parties
shorld be Witnesses; that the Legislature should
enact brief forms OF conveyance as re beyo
done in nlrois that rag1stries Of land titles
should bo made, which tho English hare SO OBJ
5tinate19 opposed :; aud that legal or equitable
relief should BE- given IN any action ~ tho c,se
inais the privilege Of council Wh1ie he was ono
OF Enslands greatest lawyers. he was also one
OF her most inspil ed statesmen End her most
philosophical ju1ist. Now that ENGLAND herself
had swept away the eTils be a1raigned, toey
coutd not haYo 3 very long duration in Illinois.