New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-08-26


half past three IN the afternoon instead Of 9 and
NJ srErHn.x ALLEN Of y Y again IN Ms seat and ap
paren;y IN exceeut health offered Tor adoption article
for the new Constitution differing from NJ Murphy aud
from the Majority Report Of Committee 70 "a FOL
lors: he seemed TO doubt whether the =abjec, would
BE- reached By t.- Convention.
.M,nicpa, Coypor0tloy-
20 special FOR incorporating any city or Village
-s ae granted nut tie Legislature sha Fa-s genera.
and 20" ofote- and yilases including the following
prOrl-ians
:. Forrhe opening widening or Offering streets ana
avenues ia Incorporated cities and Villages the consent Of
iaOlnty OF I. p-~-0,- for each opening
widening or afi -ia .t atce--h anu l!g a--t--iieii
for SUCH Improvement seal ' cop!nr 10 the street or
avcu. 10 be- opened, gidcucd altered; mud -lc
es-lg snail exceed my per cent at tie value OF Tue land
lsse--rd.
IS No city or village corporation -lill borrow money
~" c.odit liability fuct c ,isee or lend their
rec,on and other urposcs, except hy ;he uuHnmc.
consent Of every member elected 70 ihe Common Council
Of cIIir or OF eTer meIH"tr elected Z" ih BOARD OF rus
Villages aud ai.o unless h ~ act of tue Leg.Iu
proof Of such unanimous consent. which act shall
SPECIFY e Object d siich r' ana 7Au4 provide h" 'tl>
and means by directing i5c of The principal
suoh debt, be annually assessed and collected from
tie estates real and personal, in such city village
snkiu fund Tor the redemption Of such deb liability :
but such corporations may nevertheless make temporary
10 any one wear twenty-five per OF such rcvcEue,
for u longer period Than Xix months
Mr. Kirkland presented memorial from the Trustees
of Clinton Grammar School relative the Literature
Fund Mr. Bascom memorial from Chenauso on
County Courts.
Picaiimgs-RemedieS.
DR. TAYLOR proposed the following invaluable i'm
provc,ncnts in our Judicial and Legal systems
y hope he will look 10 their being put to vote. Who
would not weary 1t thcs" perpetual references and
nothing done:
a. The Legislature shall have discretionary power TO
provide 10y av for abolshng the distinction between suits
II and EqUv md shall 10 Time
necessary revise the forms Of proceedings IN all
Court. OF Justice with the viev 30 reject from them all
useless matter 10 promote simplicity and further justice
.Et rom nisconcev,d his action or The form OF
In. remedy: but il shall be the duty the Legislature 20
provide for amendment of proceedings in cases where
nluy he neces sHry TO save the rights Of parties
Mr. WATERWAY proposed the election OF q -u.
prone Judge by the people whose duty it should be
simplify the peRdines nj Law anu Equity and BRING
about a unison Of proceedings III the Courts. Mr. Mann
also has in his mind the blending OF the Judicial and
Legislative functions He l. for the elective principle
hui would employ the Chief Justice dictator, 10
prescribe forms und rulca OF practice IN the supreme
and all subordinate Courts.
TO mike laws rules Zone and the same thing Is
no, the duty OF the Judiciaryit Tie duty OF the Lee
rislaurc. Commissioners may form system OF rules
to regulate the proceedings OF the Cour,s aud the opin
ION OF the Judges may be taken these res hut is
the Inv making department and no, the Judiciary or
Executive who should provide and prescribe them
10 the Judiciary article providing Tor the revision OF the
practice pleadDgs ana proceedings OF all The Courts OF
Law with the reform thereof by the l-csI-la
;trr, also.
for De election of three Commissioners revise the
pruccc pcHdiugs md proceedings m all courts OF justice
uh cpor, 10 tie Legislature such reforms therein as
shall be- calculated To promote brevN. cehre-s ana SIM
phcity such pracce pleadng@. TO lessen lie expense
,,lN DELAYS OF litigation
Mr. Cn,rfIE1D never had looked, and never would
look the Judges or reforms in the proceedings OF the
tribunals
NIL J. TAYLOR believed that the Courts We're not like
" to do what they ought in The mater OF smpnc9non
OF the practice OF the law He approved oil w IHy
lor'- propositions. given above
priv TAYLOR wanted 10 see the experiment tricd
md lLt Legislature enabled il it chose to abolish the
dist.uc tioI. between Law aud EQUITY
Mr. Neon sni that the Committee on codIiylns the
law Ind embraced the nbovG reforms including code
OF procedure aud the whole body OF the law.
MIR lAaGARI proposed that the Legislature shoulCibe
required to abolish the distinction between Law and
Equity
Mr. McerN laid on the table proposition
That The reports the several Committees on ncorpoa-
uer than banking aud municipal on currency and
banking nd on The or.nmHaHon ana powers OF cue au
incorporated villages, hc considered III Com
nil,cc the Whoe, uumcda'eN aiier Tie report 81 me
Committee on Canals Internal Improvements and fHo-
lie Revenues. &c snail le disposed OF
MIR Stow introduced resolution
That the Controller be- requested to report Tie annual
.N pcudiurcs Tie Government tctAer ian Tor e par
poses OF Gu,> and railroad u"d 'he toNue' t, sv
vil from including the 1917, mp o und ncud!nS
lNi1 dtiN it>o Nlh1tlltut sHN'iE S"' A''
sourccs The money thus expended va uci5NeN >iSGAyime
the arnounis s"cc'd and expended IN each year nnd gen
eraly the obi purposes for which such expenditures
The Convention then went into Committee oil the
Whole ON the Reform OF the Judicial system. and
Nh STRONG proposed his plan OF jurisdiction Tor the
Justices Courts with other appeal than by another
trial OF the case in the same town Or one adJoinins
Mcssrs Nicholas, Ward Kirkland and BrundAge ad-
pr w TAYLOR liked tie idea OF Courts OF Concila-
ton ~ OF stopping litigation lie stated case
of man who had S65 IN the Court OF ChanceTy wnch
could NOT get he employed lawyer 10 Stt rom
the ClignccOr'- hands who got = IL the course oI
year and presented the owner with bill OF >I"oi0r col
,ctu1 ,b SO bn huNlly consented 10 accept The $40
tor Inc trouble III collecting H. Another case ne mon
Toned that 81! gentleman WHO was loint AeiF OF
Ue lot OF land in syracuse and Who went % a lawyer
20 as,i, him IN getting partition 81 the lot Inc law
yer sad II would Sil-inicht be as much ~ So
rorli mon exceed that The lot was divided and TIL
lswv,, pr,cntrd the with bill 81 >2eOio what
onrt 10 have been done Tor so From such system
as tins the Convention ought 10 relieve the people
MI Mann prrp0scd 10 amend the 10Th section rtia
I'VE 10 Justices 81 the Peace by giving thcm exclusive
civil jurisdiction OF $50 and under ana concur
zen, up 10 $3.50:
Ia an civil suits or actions brought 10 eof' 81 record
the lGn,iN bringing any such suit for The sum ci or
less shall no, be euted 10 any greater amount 81
costs !o the Defendant ;hsu could have eccn recovered
ir, o the before Justice OF TIE Peace
appeals in such cases, by either party from
n>tces CCio Court OF Record, or from otie Sout' o
record 20 higher one amount OF costs shall Nc
such trial OF appeal
Ate: dinner, MI VAN ScHooNHovEN Of Rensselaer,,
u Senator ana Counselor Law said he believed
that the decisions O; the Court OF Errors the Senate
and several Judges added had always met the sppro
bstou OF the people lie protested against those who
found ,sul. with the Court OF Chancery There had
hee, 20 difficulty Ubou; that CoUr; eXcept,ha; too much
MOVE, had been LEI, IN the hands OF rnsn-ulore
work than he could DO Il the Court OF ChsnecTy had
bc, constituted - he Supreme Court Is there would
have tcen no complaint, lie would have been tot
,uir. IL II t, country could have controlled ltbut
he cons ier that j, o: l:tlc importance whether
The Cour; OF Chsucery stood Tor NO; @ Thai me Conveu
ton took care 10 retain Equity department IN the
supreme Court sbo0i 10 be constituted lie was en-
;:rsy opposed to the blending OF Law and Equity N one
Cour;-5ut had no objection 20 continuing the Court q
ChSnccgy under the illc Of supreme Court co;iiohso
wi;h another jurisdcuor-n this be approved o; ne
Report OF the majority o; tAe JUDICIARY Coun'tee-i'
dd net propose 70 blend Tie Jurisdictions livery
gentleman would sc; the united Court. :hey 90
INTO the present gu; thci would " the tedious
delays the dscU!Jy ;ae sane embsrraSSinen:s
;hst now exist NJ difference Until the pesiin-s and
The practice o, the Courts Were s.rphcd. (anG why
could the Convention make essential reform y
there could be no difference. he Gid hope hist the
Convention wsi,i put something in operation tina,
would reform these matters. Tic well knew ;hst ii
;he<, matters lett 10 legislation, half century