Evening star., 1898-12-20
A CODE OF LAWS
Printed Copies Of Judge Coz's Work
Ready for Inspection.
At TIE BOARD OF TRADE ROOMS
The Author Explains the Scope and
Character of His Work.
G r. E AT UNDE ERTAKIN G

Printed copies of the code of law for the
District of Columbia prepared by Judge
| waiter 3. Cox, were received today from
! the printers at the rooms of the board of
| trade. These copies can be consulted by
| those interested at the board rooms, 141O
| G street northwest. AS stated on the title
| page the code was prepared at the request
| of the Bar Association and the board of
! trade. 1t makes an octave volume of 9S1
| pages. In the preface, to which is at
| tached the name of Judge Cox, there is an
| explanation of the plan and arrangement
| of the work. 1t says, in part:
L was heretofore invited by resolution of
the board of trade of Washington to under
take the preparation of a code for the Dis
trict of Columbia, based upon the existing
| code of the state of Maryland The Bar
Association of the District at the same
time extended to me an invitation in gen.
eral terms to prepare code.
L dld not unders tand the work propose I'd
to be the construction of an entire new
BODY of law, but, rather, the systematic ar
rangement and classification of existing
laws, with some alterations and amend
ments as will modernize our system and
assimilate it to those of the states, in
which many reforms and improvements
have been made, and especially to that Of
our neighbor the state of Maryland, from
which our laws were originally derived.
The Divisions.
THE code is divided into two parts The
first only is of immediate interest to our
profession and litigants. Excepting the
first chapters in the two parts, l have, for
the sake of convenience, followed the ex-
ample of other codes, in discussing all the
SUBJECTS in the alphabetical order, without
regard to their character. l propose now
10 give some general idea of the changes
m mlT hyv t-
number of the subjects treated in it, Com
mencing with the judiciary. l have first
sought to remedy the present and anomal-
Gus law of trials by jury, before justices
or the peace, by giving to the justice the
power of instructing the jury as to the
law, and setting aside verdcts and grant
ing new trials, and to the parties the right
of excepting to his rulings and appealing
to the Supreme Court of the District and
to the latter that of overruing the justice
and giving new trial, TO be had IN the
court.
Il have enlarged the powers of the
Equity Court, but made more important
change in the Orphans Court. 1t is to be
styled the Probate Court; is elevated to the
same footing of dignity and authority as
the other special terms; is to have the
power to try will cases, to sell the real es-
tate of the decedents, for the payment of
debts and Iesacies, to have jurisdiction of
the whole subject of domestic relations.
questions between husband and wife of
divorce and aiimony and the like the rela-
ton of parent and child, guardian and
ward and the control of the property of
infants, 1unatics and even drunkards. with
the power to appoint guardians ad litem
and issue commissions therefor, and to is
sue commissions to take testimony, and to
exercise many of the same powers row ex-
ercised by the Equity Court. L have also
abolished the office of register of wills as
wholly unnecessary. and transferred his
duties to the clerk. This is not only ap-
proved but recommended, by our present
most efficient and excellent register.
More Changes.
"To avoid the delays occasiOned by the
common law technicalities as to the forms
of action and the mistakes of attorneys and
the necessity of amendments, l provide
one form of action for all money claims
arising out of contracts with the right to
join in it all such claims of every descrip-
ton and similar rule as to torts with
the right to amend in every respect, even
by the dismissal, admission or substitution
of parties, without any pOstponement or
delay Of the trial unless the court shall
deem it necessary.
1T is provided that administration of the
estate of a decedent shall extend to as
much of his real estate as is necessary for
the payment of debts and legacies. and
thus the delay and expense of a suit in
equity to make his realty available, is rem
dered unnecessary.
"A law of New York as to arbitration is
adopted, which gives to the referee ap-
pointed in a case, by the court, the same
powers as Judge, his Judgment to he en-
tered as that of the court, with appeal
from 1t to the court of appeals; 50 that, to
the relief of the court, when its business
is congested, member of the bar or a re-
tired judge may act as a referee judge
THE common law is changed as to as
signments of chooses in action, and the
law made strictly to assignments by in
solvents, so that even a confession of iudg-
Continued on Ninth PageJ