Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1885-08-14
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obsolete Laws.

Under the above caption, tue Baltimore
Sun has been discussing the necessity OF
so revising our laws as to get rid of many
principles which may have formerly served
their usefulness but in the changed and
more progressive order of things which
now obtains are no longer adapted to their
subject matter. 1t instances the case OF
the estates in land in that city known as
ssground rents" in which lands are held
upon long leases renewable forever, upon
a mere sominal annual rent. These inter
ests, though amounting in effect to fee
simple estates in the lands, are yet in con-
temptation OF law regarded as mere chat
tel interests and subject to the same rules
of devolution and transfer as personal pro-
perty. The Sun instances a case in which
it might happen that this property which
is in effect realty would go in different
direction by reason of the technical dis
tinction of law.
There is no doubt much force in the
point thus raised. While the case in
stanced is one of only local application
and easily remedied by statute, there are
many other obsolete principles existing in
our jurisprudence which, if pruned out by
the hands of judicious and discriminating
Legislatures would add greatly to the
symmetry and logical unity of our legal
system. This is more especially true of
our criminal jurisprudence, which presents
chaotic mass Of discordant principles
wnro,.-Iu 10 reo.f a,---,. .----oi'. in
very intelligent administration of that
branch of justice.
Experience has shown, however, that
the average legislator who now finds his
way into the halls of Legislation, is gener-
rally so poorly familiar with the existing
laws as a whole that the statutory amend
ments are frequently found to add further
confusion to the legal system rather than
simplify it. Blackstone says that in ord'r
to properly engratt atutory amendments
upon the legal system known as the COM
mon law, three things are necessary to be
taken into consideration 1.-The nd law,
the mischief and the remedy" lnfamiil-
arity with the old law on the p.rt OF law
makers gives them confused idea OF the
mischief and, by consequence, of the rem
edy.
!, In the State of New Y,rk there exiss a
complete system of legal practice which
has been formulated ,y the State Legisla-
ture and embodied in the State Code to
supercede the ola common law practice.
This it was thoight would 50 far sinp. ify
legal learning as to greatly diminish, as
we'll as expedite litigation and save the
| appeIla,e courts much business. Ii is con-
teud>d, however, that litigation and the
dcckets of the appellate courts, have been
greatly increased and enlarged since the
code system went into operation, and ibis
result is attribues1 by the friends of the
common law method r>>the effectiveness
of the code system. Thisr~crease Of bus
mess may, however, be due e>increased
r prosperity ana more AMER
cial interests of the Empire State. -
$ While undoubtedly there are many oh
a solete principles in our Maryland juris
e prudence, and especial y tbs crimin. laws
in ths.presens deyconstitutes NOR.
r Bill, a.~~.e.ces .I-.-saoaid te IL
equaLE.a--~---prun
s>'n ffe ss~sru De placed only IN skill
I ngands, lest some of the vital arteries
POI the healthy system be severed by lis
t2aangling application. The Judiciary com
mittees of our legislative bodies should
be composed of the ablest lawyers in the
State and all important legislation should
pass under their careful supervision before
it receives the sanction of the law making
power.