Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-10-21

proper index. all statutes and parts Of stat
utes in force In the said District. and relas-
ing to all such matters a. would properly
come within the scope Of a civil and GRIM
inal code" II there Is to be any further
legislation in regard to this matter before
this work OF compilation is completed and.
reported, beg to be permitted to make the
Following suggestions for the consideration
OF all interested In the subject:
l. We need a compilation Of our laws
which shall be to a certain extent q reyis-
ion. If members OF Congress will examine
the collection Of British statutes found In
Alexander's compilation. and which are ap-
pncabie IN this District. they viii see how
inappropriate and inadvisable would be .
wholesale importation Of them into our
CODE In their present form. Yet with no
greater authority than ito compile ar
range and classify, "the Commissioners could
DO no more than make a literal transcript
ton OF these laws. But, a. before observed.
nearly all or the more important OF these
statutes have been re-enacted by certain
or the Atlantic states. and these re-enact-
ments might be profitably awaited OF by the
commissioners II their authority should Be
ehpenoeo in that respect. Thus we would
avoid much that is euperfuous In those
laws, yet preserve the integrity OF our
present system.
2 When the whole material for cosnpila-
uoh Is gotten together. IL should he ar
ranged In chapters according TO subjects.
ana then divided into paragraphs or sec
uons numbered consecutively from first TO
last In the style Of the present revised
note In bold-face type indica ting It's con-
tents. The Maryland statute relating TO
personal representatives, In force here
contains lSl paragraphs with nothing to
snow the contents Of each, so that a person
unfamiliar with them must examine them
seriatim before he finds his law unless he
snail reach IL sooner by accident There
should be, also, marginal notes showing the
daf -
references to decisions Of the District ana
maryland courts in which they have been
considered. L DO not understand that the
power TO compile, arrange and classify"
Wouio lnclude theSe particulars. At the
same time there can be no GOOD reason for
excluding them, except upon the score Of
economy. since they would effect no change
In the body Of the law.
The compilation of these statut.s a. NJ
mean Undertaking. and cannot be perform
ed by clerk at 81 or IS per diem, inyolytnr. .
as IL does. the determination OF what laws
are applicable in the District IL IN tr,,e
that much of the labor will be clerical. hut
py rar the reater part requires much legal
knowledge and skill in legal literature A
careful clerk with some knowledge Of law
can 60 through the Maryland. District and
United States Supreme Court reports and
make q record Of each case In which a
British or Maryland statute In force
In Maryland on the 9th day OF
and he may DO other se sDissees
work which win materially assist in the
compilation. but the real and responsible
labor consists in the careful consideration
Of each case and statute. and the final DIS
position thereof, and in the orderly arrange
ment and classification OF the whole. And
II revision should be to any extent hereaf-
ter directed, the responsibilities and iabors
OF the commission would be greatly In
creased, and very high degree OF legal
education and experience would be re-
CURED for the task. l should observe here
that II is not herein intended TO express any
want OF confidence in the abilities Of the
gentlemen to whom this work has been
intrusted by the Supreme Court 10 per-
form that duty in a perfectly satisfactory
perform it. The object OF the writer is 70
urge an enlargement of their powers In the
particulars mentioned. which, II Is believed,
do not come within the terms OF their COM
mission.
Antique Laws i'm Force Here.
cannot close this paper without stating
several features Of the law Of real proper
ty existing in the District They have
long since ceased to be law in most Of the
states, and will doubtless prove a surprise
to those accustomed to the modern rules
respecting the creation and limitation Of
estates.
l. Words OF Inheritance are necessary for
that IL land be conveyed to John Smith
without mentioning his heirs he will take
only an estate for his life.
Estates tail special exist: that Is to saw
that If land be conveyed to John Smith and
the heirs Of his body by his present wife
Jane. the heirs described win be entitled 10
that land on his death, unless he has dis
posed of 1t by deed In his lifetime. which.
by statute. he is allowed TO DO: but he cam
not dispose of the land by will
. A widow is not entitled to dover IN an
equitable estate; that is to say IL John
smith should mortgage his land TO secure
a u-ffn sra-
and there should be a surplus after "a rtxSv
Ing the debt by foreclosure his wife would
not be entitled to dover In that surplus Nor
IL he should purchase land In his lifetime
ahd pay the purchase money In fun, ana
ran TO take conveyance thereof before his
that land.
The purchase of pretended titles is pro-
nipited; that is to say, II John Smith should
buy land from one who Is not In Possession.
and take from him q deed of bargain ana
sale. no title passes
s. The right of survivorship between joint
tenants exists: that is to say. II John Smith
and William Brown buy land and take a
conveyance to themselves, and one of them
dies, the whole goes TO the survivor as his
absolute property.
6. The rule in shelley's case Is I'm force.
that is to say. II land be conveyed to John
smith Tor his life. and after his death 10
his heirs. the latter take nothing under the
will. and John Smith has the absolute own
ership OF the land. and may dispose Of il
as he pleases.
T. A particular precedent estate rs neces-
sary TO support a contingent remainder:
that Is to say, IL land be willed to John
smith Tor life, and after the death of his
Wife to go to their children and John
smith should die before his wife the chill
dren would take nothing under the Will.
and the land would go back to the tes-
tator's heirs
A judgment is not q lien on equitable
estate; that Is to say, IL John Smith re-
covers judgment against William Brown
and causes IL to be docketed he acquires
no priority thereby over subsequent judR-
ment creditors, as to lands owned and paid
for by Brown. but OF which he has received
no conveyance.
Lastly. Neither q lis pendens nor at
tachment Is required TO be docketed an
against subsequent purchasers or creditors:
that Is TO say, If John Smith buy land OF
william Brown at a time when a suit
against Brown to recover that land. or TO
attach IL for his debts, is pending the land
would be liable In Smiths hands 10 such
judgment or decree might be rendered
in the suit, though no memorandum of the
suit and its object other than the mere title
thereof, be docketed or recorded.
These are only few Of the particulars IN
respect Of which the District OF Columbia
may be said to live In the last century. In
most OF those recited- and in many others
beside, the state Of Maryland and Great
Britain, from whom she derived her system
have departed from her, and have left her