New-York tribune., 1875-02-03
STATUTE REVISION.

READY AcCOMPLISTfED-WHAT REMAINS ~ DE
DoNE-NEEDs OF THE COMMISSION.
[FRoM THE REGULAR CORRESPONDENT OF rHE rRiBUSk.l
ALBANY, Feb. 2.-Atthe last meeting OF the Jddici-
airy Committee Of the Senate, Montgomery H. hroop'
Chairman of the Commission to revise the statues
addressed the Committee at considerable length III
reference to the resolution directing the Committee
to inquire whether any, and II any, what action
necessary to facilitate and expedite the work OF re-
vision. Mr.. Throop's argument. which gave the
present statistics of the work and many facts OF gen
era interest in relation to the revision, substan-
tally as follows:
Mr. Chairman and Gentlemen Of he Committee The
work OF the commission has reached very critical
stage. BY the resignation OF one Of my colleagues
which took effect the first Of January last ana Oy 1he
resignation Of the other 70 take effect on the rs OF
April next two vacancies have been created In the com
mission, which to be filed by the Governor WIN the
advice and consent Of Senate The future fate OF the
commission depends upon the manner in which these
vacancies shall be filed The drudgery OF compiling
ana drafting which has been pursued without nermis
sion since the plan Of the work finally settled, Will
be. in a great degree suspended during the coming
year, for reasons which shall presently STATE Ine
arduOus character OF that portion OF the WORK can De
fully comprehended only by those who have undertaken
q similar task Although the devotion OF the
commissioners' entire time 70 the work ia not
which the commission created and such result
was not within either the expectation OF It's trainers
or my own expectation, wnen 1 appointed. l
speedily found, when entered upon the actual drafting
Of the proposed statutes that successful prosecution
Of the work could only be accomplished by devOtng my
entire time and energies TO it. therefore gradually
withdrew from professional practice and for the Last
three years nave made the work OF the revision my
only professional occupation. When Mr. stebbns swas
tod in I advised him do the same,
and he did 80. In my opinion such course Is In
dispensabe successful prosecution OF that portion
OF work which consists 10 drafting the new statutes
But for the year the principal or at least one OF
principal duties OF the commission. will consist Of
review of work aPeady done. This work Is not IN
consistent with moderate amount OF professional
practice and there Is consequently an opportunity to
a. the two vacancies with men OF such Acknowledged
ability and eminence their profession, that they can
discharge their duties without total sacrifice OF pro-
fessional emOluments aud breach Of professional
duties which they could not make, II they were sud
denly called upon abandon all their professional oe
cupations for the purpose.
The original act OF 1870 contemplated the completion
Of the whole revision before portion Of It should
be submitted. But nlls73 an act passed (Ch 4G7 Sec
allowing the commissioners TO submit separately any
distinct portion which could be conveniently enacted
separately law, with the appropriate repeating
supplementary and explanatory acts. We have now
completed first draft OF Part together with sup
Elementary act relating wills and the care, manage
ment and disposition Of the estates OF deceden's THIS
draft. in two bound Volumes will be furnished 20 each
member OF the Legislature IN few days. IL Is pro-
posed to review and correct the draft and 70 present
10 the Legislature for action next year With the neces
sary repeating and explanatory aets. The work OF the
commission has, therefore, reached the point where II
be subjected crucial test OF ts practical utltY
II the Legislature rejects that portion which will be
submitted TO it next Winter there will be no use OF try
iDg any further the experiment OF revision. aud the
commission should be abrogaed.
The Part in question rela tes 10 courts OF justice and
civil proceedings all courts, from the Court OF Appeals
to those Of justices Of the peace including surrogates
courts and city courts. It viii supersede Part Ill Of
she ex sting Revised Statutes considerable portion OF
Part H. OF the Revised Statutes the Code OF Procedure
judiciary acts mass OF statutes relating TO
the Superior Court Of Buffalo the City Court OF Brook
Ign, the Superior Court OF tho City Of York the
Court OF Common Pleas OF the City Of New YORK. the
Marine Court Of the city OF New York, and various
other vouminous Intricate contradictory and confused
enacments Our substitute for statutes is not
new system Of law, is It codhcauon. There IL
Misunderstanding upon that subject among those who
have not critically examined our work as 10 has Issued
from the press. Il the result OF an effort 20 sys-
te4natize simplify perfect and render coherent, con
sstent uniform aud ineligible the vast body Of egsa-
ton upon tue important buUItclh III ulle
now emnenty characterized by the converse Of those
qualities"
The labor OF preparing t has been arduous, and
the time necessarily consumed has been greater than
will be required upon any other portion OF equal bulk
The difficulties encountered were stated IN our report OF
1872 and as shall presently speak or the prospects OF
completing the remainder OF the work. beg leave 70
read short extract from that report:
Since the Revised Statutes were enacted. the State
Constitution then IN force has been abr0gated and an
other adopted and the Judiciary article, adopted IN
1862 also covers the subjects now embraced in our
anors. The foundation and framework upon which
the enactments, now being revised we're constructed
ms therefore radically changed. And the
changes effected the Code OF Procedure IN all the
details 10 which those enactmeuts were adopted, we're
moi less complete and thorough. But throughout all
these changes, the Old statutes have remained uu-
repealed anu unacred ana TIC courts ana prdchclng
aTy,rs arc constantly zzled 10 determine what pOr
ions OF them repealed by implication. and
IN what manner 10 adapt, by analogy, To the
ov ~ svstenI chose which must be regarded as SIN
In force We encounter aud decide all these ques
tJus some Of winch require long ana careful study
- aiiudIcatlons; and even where 10 doubtful ques-
ons arise the necessary adaptations frequently call
for great care and GelIueratOn. Aglln many of tue
5t1tes passed suce the last fevsiun, especially the
n~re recent are that th H. meaning ascer-
ained win difficulty. These must or course, be com-
nIeIeIy rcc0us ructed. Considerable time - also cou-
ued IN merely adapting tue text OF the old statutes
IN the style and pAr4seOOgy commonly used az tue
snCt tine In general and permanent statutes care
nIlv drawn Il would be a reproacfto the STATE, ami
10 us as agents. the new revision should Retain the
cumbrous modes OF expression, which are. IN other
Sfafes aud countries, things OF the pass Indeed their
retention would require extensive caangcs Of the
rary description, IN many recent cudctmcu's la or,r
10 preserve uniformity OF expression throughout the
work.
With respect 20 modern legislation upon the subjects
embraced IN the thrn part the uuk OF it contained
tie Code OF Procedure. IL - unnecessary % pcciy,
with any particularly, the ObscurtY and confusion
which now characterize most OF the PROVISIONS or that
important statute. Drawn originally temporary AM
imuerect constituting part NJ complete
.ll which has never been adopted subjected, its
massage through the Legislature 10 alterations which
ueryerted the effect OF siOns and destroyed
lana gNafIo he nd an fltHr
amended AT nearly every subsequent session, sometime.
by more than acc ana oten IN order 10 affect the
decision OF particular cause nearly every Important
section mas no had many amendments ttcked 10 y
(which IN have been repeatedly amended. re-
nealed and restored that the whole presents taLg gc,
M the signt OF winch the student and the foreign
ImrtsI stand aghast and through which our own