The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-02-02

The new Code Of Civil Procedure has re-
appeared in the Legislature. II will be re-
membered that Gov. ROBINSON, in his mes
sage, recommended the repeal OF the portion
already adopted. This consists Of thirteen
chapters which went into force as law on
the first Of September last. Nine additional
chapters were passed by the Legislature
but not approved 10y the Governor. The re-
enactment of these nine chapters IL now
favored 10y the Judiciary Committee Of each
house. Thus there is evident antagonism
on the subject between these committees
and the Governor. He wants TO do away
with what we already have Of the new code,
while they want 10 complete it,
1t is not only the legal profession that has
an interest in this question. Every citizen
or inhabitant of our State is Interested in
maintaining simple processes OF litigation.
These were established by the code Of 1si9.
The great improvements which it was then
thought a code could make we're: First the
fusion OF law aud equity; second, the estab-
lishmcnt Of a single and simple form OF ac-
ton or suit and, third, the maintenance Of
regard for matters OF substance, in litiga-
ton, rather than for matters Of form. These
results were substantially attained. OF
| course, the practical working Of some pro-
| visions rendered occasional amendment oX-
pcdicnt. When the new code of 1877 went
into force, however, there was really no de-
mand or desire on the part Of the Bar or of
| litigants for a new code. All the changes
that either wanted could have been made by
| amendments to the code as it then existed,
| and these would not have been very many.
| Now, so far as the subOrdluation Of form
10 substance goes, the new code is plainly a
step backward, 1t enters into innumerable
petty and needless details. These have
swcllcd it to an inordinate size. We believe
that no Code OF Procedure in the world is SO
large as this will he if the nine additional
chapters are adopted. The new Judicaturc
acts Of England, together with the rules Of
court and forms Of pleading, constituting Il
complete Code Of Procedure, certainly do
not occupy moro space in print than the
thirteen chapters of our new code already
in force. Yet we are 10 have rs much again,
in actual printed matter, before our code Is
completed.
As the law now stands, the commissioners
10 revise the statutes will go out of Office on
the first OF May next The commission was
created in 1870. 1t has cost the State many
thousands Of dollars. The outcome of it's
seven years Of labor is a partial Code of
civil Procedure with which no one is salts
fled. Even those who now doubt the oX-
redicncy Of repeating the new code conccdc
that we should have been better oil if it had
never been enacted mt all. The practical
difficulties In the way of repeal, however,
are greatly exaggerated, 1t was tempo
mrily repealed last summer, and the old
code became operative from the 22d Of May
until the LIST OF September, The repeal of the
new code, and the restoration Of tho old
code, in this way gave littl0 trouble TO the
courts and great satisfaction to the legal
profession. We have received information
from various parts of the State which leads
us to believe that n majority OF the Judges
and practising lawyers would welcome a
permanent reGnaetment Of the old code, with