its expression, unnecessarily and dangerously minute as to unimportant details and wanting in accuracy and adaptability as to ordinary and important matters of every-day practice.

A serious difficulty is the attempt to codify all the laws relating to remedial justice under a single head, and designate them as procedure, thus obliging the lawyer who consults it upon the simplest question, to

an action for words imputing unchastity; and still another section undertakes to regulate what shall constitute the common-law action of libel. Yet another section of the same article gives a cause of action for bringing suit in the name of another person without his consent. These are not regulations as to the remedy, but matters of statutory and substantive law which no person would, under any circumstances, expect to find among rules of proced-examine a statute giving minute regulations as to ure. They are among the most flagrant, but by no means the only examples of the kind. Iteration and reiteration of the same subject-matter under different heads is frequent and inexcusable. On the other hand scarcely any provision is found in its natural sequence and logical order, while continual violations occur of the rule laid down by an eminent authority upon the subject of codification, who says: "Ordinary good sense suggests the adoption of an arrangement by which that which is common to a number of topics should be treated by itself and apart, and that which is peculiar to each of the topics should also be treated apart."

As an illustration of the lack of logical arrangement attention need only be called to the article regulating proceedings to foreclose a mortgage in which the first section regulates the provisions which shall be contained in the final judgment. A like state of affairs is found under supplementary proceedings where the second of forty sections provides for the manner in which an order made in the proceeding can be reviewed. The minuteness of detail in the provisions relating to attachment, orders of arrest and replevin is such as to make them impracticable and dangerous to the suitor and inconvenient and troublesome to the practitioner, while the procedure in partition is unnecessarily cumbersome, unwieldy and expensive. The law as to contempts is in such a condition that it is utterly impossible to determine what the practice ought to be in criminal contempts and how far it is assimilated to that in the so-called civil contempts. But illustrations of this character to the practising lawyer can only be wearisome. I speak of the Code of Procedure from experience as a practising lawyer, in attempting to Obtain a construction of its provisions in the courts, from observation of its study while a lecturer upon the topic in the law schools, and from examination of its text and the decisions under it, in attempting to collate the authorities on one thousand of its three thousand three hundred and ninety-seven sections, and I do not hesitate to characterize its arrangement as illogical and unscientific, its style verbose and redundant, its subject-matter illy-digested and difficult to be understood and applied. It lacks clearness, precision and conciseness. It fails in that it is faulty in construction, inordinately diffuse in

the machinery of courts and their officers, mixed with the details of procedure in inferior jurisdictions and mingled with such portions of the rules of evidence as the commissioners deemed it convenient to place among the regulations for carrying on litigation.

The law of remedial justice should provide for the organization of the courts, making necessary rules and regulations for their subordinate officers, and determine the rights and duties of those officers, but this is a matter of administrative detail and should not be thrust upon the active practitioner who desires to examine the rules and regulations of practice affecting his cause of action or proceeding.

Nearly all of the first three hundred and sixty-one sections of the Code relate to details as to ministerial officers, clerks, sheriffs, stenographers and the like, the admission and duties of attorneys, extent of the jail liberties and kindred topics. One hundred and seventy-two sections are occupied with directions as to drawing trial and grand jurors, mainly relating to New York city and Brooklyn. One hundred and thirty-four sections contain regulations as to evidence useful and necessary, but most of them not properly injected into the rules of the court. Again, four hundred sections are occupied by Surrogates' Courts; three hundred by Justices' Courts and one hundred by local courts. So that we have in the Code relative to courts and juries over five hundred sections, one hundred and thirty-four sections relative to evidence, eight hundred sections relative to practice in local courts, none of which should be contained in the body of a Code of Procedure mainly regulating actions and proceedings in the Supreme Court.

A code of remedial justice should therefore consist of four parts. First, a code of administration regulating the constitution of all the courts of the State and details of their organization; second, a Code of Procedure, proper for the use of the practising lawyer, governing matters of practice in the Supreme Court, the County Courts and the Court of Appeals; third, rules of practice in other tribunals of local or inferior jurisdiction; fourth, rules of evidence, so far as they are well settled and proper to be enacted by statute, which is an open question, together with provisions for taking depositions.

These may be better formulated following the plan of the revision commission, as: First, the court law or code of administration; second, procedure law or Code of Procedure; third, practice law, relating to inferior and local tribunals or code of practice in inferior courts; fourth, evidence law or Code of Evidence. All these could be collectively desig

nated as the law of remedies.

There are, in addition to these objections to the Code, many other reasons for its examination and revision. To instance: three trials in ejectment is an anomaly in our practice and should be abolished, since there is no reason why a controversy over a plot of ground of little value should be heard more frequently in the courts than a litigation over personal property involving very large interests. Again, the rules and regulations with regard to redemption of real property and sale under execution are cumbersome, inconvenient and unnecessary; so also as to treble costs and damages for certain actions relating to real estate and against public officials. Certainly the damages which are to be allowed should be assessed once for all by the proper tribunals, while the amount of costs to be allowed should

to accomplish the object for which they are intended. This is not true with respect to the early days of the Code, nor was it true at the time of the enactment of the Code of 1877, or for several years thereafter. Every lawyer of experience must note the fact that during the past few years there has been a most decided tendency on the part of the profession and the bench to recognize the desirability and necessity of so construing the rules of practice as to avoid technical difficulties and objections and enable the practitioner to bring a cause before the court and obtain its final disposition in the simplest and most direct manner consistent with fair dealing toward his opponent. This spirit would result in fewer technical decisions and in a broader and more liberal construction of enactments relating to practice.

We ought no longer to be obnoxious to the criticism made at a recent meeting of the Virginia State Bar Association, where it was said by one of the members in a debate upon procedure: "The modern demand for reform is set forth in the English

Code, in the Connecticut Code, in the Massachu

gating what is useless, simplifying the complex or determining what is doubtful, nor attempt to stave off an immediate pressing difficulty by a patchwork scheme of modification and extensions, but let us consult for posterity in a comprehensive spirit of legal philosophy."

setts Code. I find the New York Code full of danThe objections to a thorough and gerous pitfalls." be adjusted in accordance with the rules in other complete revision I fully understand and appreciate, cases, since the trial of an action of this character and no one is disposed to give them greater weight involves no greater inherent difficulty than other than myself; yet, weighing all the difficulties and litigations. In the olden time real estate had a embarrassments of the question, I am satisfied that peculiar value and importance. That time has now the time has fully arrived when the profession gone by and no reason exists why the rules with reshould protect itself in this matter, by insisting upon gard to real estate should be assimilated to those revision, condensation and simplification of the Code relative to personal property. Again, the law rela- of Procedure, and that for once throwing aside contive to receivers requires speedy revision and reservatism, they should follow the sentiment exenactment. This matter properly belongs to prac- pressed in the passage of Hallam: "Let us not be tice and procedure and is in great need of adjust-deterred by a clamor against innovation from abroment. The same is true as to the statute relative to general assignments which is properly part of the Code. Both these measures have been taken up by the revision commission and in their place form new chapters to be added to the Code. In a revision they could be given their proper place, which is now impossible. Moreover, the time for a revision of the Code has arrived by reason of the numerous decisions upon its different sections, which, instead of simplifying the work of a practitioner, cause him additional labor and difficulty. Where there has been an interpretation of a provision, that section should be so amended as to follow the rule laid down by the court, unless for any reason it is desirable or necessary to change such regulation. would save an immense amount of labor wasted in the examination of authorities with reference to questions of construction of the various sections. Again, the time has come for a revision of the Code, because the courts are now disposed to treat statutory provisions with regard to procedure in a liberal spirit and to construe them in such a way as

This

v.}} LEGISLATION.

In view of the well-settled policy of the association to interest itself only in matters of peculiar interest to the profession, I call attention to some of the topics for legislation which I deem proper for its

consideration.

Admission to the Bar.

By reason of the efforts already made, and the measure of success which has attended them, the adoption of a uniform system of examination for admission to the bar takes the foremost place. This question is yearly becoming of greater importance, since, during the past year, eleven hundred and

sel.

Revision of General Laws.

twenty-four certificates of commencement of clerk- upon it substantially the duties of legislative counship have been filed with the clerk of the Court of Appeals, as against nine hundred and sixty-one for the preceding year, showing a very large increase in the number of students of the law.

This subject was brought to the attention of the General Term in the Second Department very recently by the board of examiners, who say: "By reason of the increase in population in the department, the number of persons presenting themselves for examination is so largely increased, and it is impossible to give a satisfactory examination to the applicants within the time limited."

The report of the special committee having this matter in charge shows a degree of progress which justifies the belief that the Legislature will act in accordance with the recommendations of the association at a very early period, and such recommendations should be continued and enforced.

Law Reporting.

The matter of law reporting deserves to be brought to your attention. Although the Legislature failed to pass the bill recommended in the form in which it was presented by the association, substantially the same results have been brought about, and we now have an official series, not only furnishing the volumes at an early date, but placing the opinions of all the courts before the profession in weekly parts with promptness and accuracy, and including the Session Laws, at a reasonable subscription price. A digest of these reports is announced to be issued weekly, to be reissued quarterly and annually in connection with the combined series, thus completing fully the original plan recommended by this body. This is entirely the outcome of the efforts made by this association, and the result of its persistent and continued agitation of the subject.

Careless Legislation.

For a long period the chaotic condition of the statutes of the State not only caused infinite annoyance and embarrassment to the bar, but gave rise to inexcusable uncertainty and unnecessary litigation. For many years no edition of the Revised Statutes has been issued by authority, and it has been impossible to determine in many cases what statutes have been amended or repealed.

The commission appointed a number of years ago to undertake the work of revision unfortunately devoted itself to the Code of 1877, and neglected the duty imposed upon it, to take upon itself one at that time unnecessary, and which was performed in such a manner as to work great injury to the methods of procedure. In 1889 another effort was made to remedy the great and constantly-increasing evil of piling statutes, like Ossa upon Pelion, without regard to construction, symmetry or convenience, by the appointment of the present commission of statutory revision, which at once, upon entering upon its duties, formulated a plan for the complete revision of the general statutes of the State, as set forth in their first report.

This revision of the General Laws has proceeded gradually, but carefully and effectually during the past year. The scheme at the outset was carefully considered, and met with general approval. It has been improved upon from time to time, and the work is progressing in a most satisfactory manner, and with most excellent results. Very many of the more important laws are now upon the statute book, revised, amended and much condensed. But it is only when the work shall be completed that its benefit as a whole can be fully appreciated. There is occasion for just criticism, since the work is far from perfect, but it is almost impossible to understand and appreciate the infinite detail of this matter and the patience and painstaking requisite to collate the mass of our illy-digested statutes. It is admirably executed, in view of the difficulties of the undertaking. There should be no question as to its continuance and completion, and the Legislature should take such action as will most certainly give us at the earliest reasonable moment, but yet without undue haste, a complete revision of the general statutes of the State. No considerations should enter into this matter except those of the general welfare, and the association should spare no effort to insure proper legislation to further this work in order that the bar and the public may be relieved from the doubt and uncertainty that must continue to exist as to the statute law of the State until the General Laws shall be com

Despite all that may be said upon the subject, the number of bills at each session of the Legislature steadily increases, and it seems useless to say that by far too much legislation is indulged in, and that it is almost impossible for the practising lawyer to keep informed upon the changes by way of statutory enactment, to say nothing of the numerous local and special laws. However, it appears to be impracticable to suggest any measure which will materially lessen the number of laws, but the association has been effective in bringing about a plan by which the quality may be, and doubtless will be, improved to a marked degree. This is embodied in the authority given by the Legislature at its last session, following immediately upon the action of this body, under which the commission of statutory revision is given the powers and has imposed | pleted.