New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-02-03

That there is still need OF greater simplicity.
both in statutes and in the practice OF the courts
is evident from reading such criticisms those In
n single number OF The New York Law Journal
Tho editor calls attention TO the Mechanics Lien
act OF lss, amended by subsequent onactments.
Provisions extending the act have been inserted
In the original statute until ~ Is difficult To make
the meaning Of some Of th' sections. This
law Is not alone In its complex composition but
THE Law Journal" says: This method OF amend
mcnt is constantly rcsorted 10. win the eject Of
distending and overwhelming the original text 50
that the mrrc reading OF law Involves very
serious mental exercise" correspondent In the
number Of The Law Journal" seeks for en-
Nghtenment to the proper course 10 pursue so
10 raise on appeal al desired questions IN ca"s
the nernapve rcgucat to go to thS jury is to be-
made. The courts, not always "A technical as OF
old have In this matter made the practice eN-
ceedngly difficult by rcfusals 10 decide questions
which the council desired TO raise. because motions
made too late or In an irregular manner.
lawyer frequently prepares his case carefully and
his client on appeal by failurr TO conform with ne
exact requirements OF the courts In making the
proper motion for requests when the taking 81 the
evidence on The trial is completed Tn necessity
OF great simplicity in practice so that Justice may
be subserved In spite OF technical errors Is APP
parent
Austin Abbott in The University Law Review.
discusses the proposed revision OF the code OF Cvil
Procedure Of which J. Newton Fiero T. the most
prominent advocate. Mr.. Abbot, makes several valu-
able suggestions. rccommo ndng especially COM
parison Of the provisions OF the New-York code
with those Of other STATES having similar methods
Of procedure. He refers TO the table OF Cole he
erences' contained In "Byants Code Pleading,
illustrating the means by which provisions or he
10 aid In showing necessary changes in tht New
York code In the laws Of many states there are
well be embodied In the code II any extensive re-
vision l. TO be mad me iaw Journals ahd oc ,ne
Ing satisfactory results by public discussion Of TINS
important subject
The PENNSYLVANIA Supreme Court has recently re-
vcrsed a Judgment accoun; Of the tone and ex-
preston Of the Judges charge. although there were
few particular sentences which could be pointed out
as conveying incorrec, statements. Judges fire.
quently think that they cure any expression OF
opinion on the facts OF "A case by adding but, or
course that Is matter for the jury. paper signed
by the plaintiff. Mr.. IIeydrick. was introduced IN
evidence 10 aid In showing the regularity OF a tax
sale under which the defendants claimed title. Judge
Taylor. IN the Court Of Common Pleas, In when
the case tried. talked to the jury IN this man
ner: There might be come question whether the
man signing paper like that would know whether
he owned land anything else. There IL only one
excuse and that would be they were both so drunk
they didn'; know what they were doing. or. per-
haps, as Mr.. Heydrlck says. he was very much
bothered and didn't know what was In H. Meh
ordinarily in their sound mind don't make a paper
that would wipe out their title to hundred acrss
OF land unless there H. come reason. and. far as
that IL concerned, In NY opinion of course. II IS
Tor yOu-Dut III my oPihioh' JrhN'"e 49,"
Itself Il would look az II Patterson. the collector:
mad got into a scrape. and ne came TO Mr.. Heydrick
10 get out OF II. and he says. without knowing
what was In II he signed IL II Will be pretty hari
for YOU TO find what II means when you look az
IL There are all kinds OF expressions used. but IL
TAX collector after he presumed he was getting INTO
troube and that paper was procured 10 reriiesc
him from that difficulty II II the only way can
NM n construction upon that paper ana the conuuCt
nf the parties, II they were sane. but II 10 LOT
vnu" IN spite Of the frequent use OF the expression
81, L. for YOU" the Supreme Court decided thatt
The Judee had expressed too plainly his opinion OF
the testimony.
The inequalities OF sentence In the English GRIM
inaI courts strongly criticised in the Ehsis"
i.w Journals. The Law Times, the most inhu-
initial of the English law periodicals. Is p"ohs".
,,o , series OF articles the criminal law ana
90 administration and in recent number gives
,ho on,nions OF Justice Hawkins. the best-knowh
,,,,ral Judge Of the country. lie believes tha'
200, care should De taken In considering me
49,, history and the surroundings OF each pr,,s-
pner before sentence Is pronounced Thoush ne
I, ns opposed to foggng. and never imposes
rcni some OF the Judges approve the lash as
- means of furnishing criminals accused OF aot =,
a. .'ioence but OF the Judges believe tnat
po lille efficacy He says OF the duty OF Judge
M a,inistering the criminal law: Let MN cor
a,dar well before passing sentence upon Pis.
oner Lei him consider the nature OF the ols i,v
oi'ea,nn,,,ted the injury to individuals and society
rosmliing from the offence. and then. win even ven
i,s,ice having a regard to all surrounding CT
Jsss,a noes and the previous history OF the cih