The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-01-14
LANDL ORD AND TENANT.

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TIE BencA DcclininG - Enforce rho Preseut
Oppressive Landlord and Tenant Law-Ne
Wriss sf Ejecsnsas from shs Court - Gem
| eRal Sessisns o. the Marine Ceurt-How tho
| Law Operates and Upeu Whsm.
The action Of the new Incumbent Of the once Of
City Judge, Cunning q. Bedford, Jr., in announcing
his determination not 70 entertain applications
| for warrants for the disp0ssesston Of tenants
under what are familiarity known to tho
legal profession a. summary proceedings"
has excited considerable comment and elcited some
criticism and larger amount Of commendaton, not
only among the profession but the community In
general The many hardships resulting from the
eviction Of tenants from and the restoration Of pos
session OF premises TO landlords, under these pro.
ceedlngA nave been many times the subject Of much
condemnation, and numerous efforts have been made
fol the repeal or modification Of the more rigorous
| features Of the law.
The statute was enacted for the purpose OF anord
ing to owners Of property summary method Of re-
l covering possession Of their premises where the
tenant has neglected omitted to pay the rent due
or continues to hold possession Of the premises after
the term OF his lease has expired without permission
Of the owner or agent. In respect to the officers
| by whom this remedy" may be administered the
| law is not quite 80 clear as it might be-
II provides that the delinquent lessee 'Inay be re-
moved from such premises by any judge Of tho
county courts OF the county,. &C.. Or in the city OF
New York by the Mayor Recorder and Justice OF the
Marine Court or any Of the Justices OF the dis
| tTfct courts OF the city of New York." &c. The
Laws. Of 1868, chapter lso, page 1928, modi-
nes the latter clause quoted above 30 a.
| to confer the power upon the justice Of the
| district In which the premises are situated
and revokes the jurisdiction over the entire city
which they formerly possessed The act OF the
n tho uf
for the city Of New York provides that the incum-
bent shall hold ONCE for four years, and that all
| judicial powers vested by law IN the Recorder are
| conferred upon the City Judge and he IL required
| to discharge concurrently all judicial duties
| imposed on him. This act Of course did
| not abolish the once OF Recorder which
| was pre-exstent Whether therefore, the law
| makes 1t incumbent upon the City Judge does not
fully appear inasmuch a. the statute governing the
disposscss process" enacted prior to the creation
Of his once, provides that its powers "may be ad-
ministered by the Recorder, while the act Of 1850
vests In the City Judge all Judicial powers vested in
the Recorder and clothes him also with the concur
rent exercise Of all judicial duties imposed on him.
The authority being 'judical," Is necessarily, &C
cordng to the usual Interpretation Of that term,
| discretionary power.
One thing, however, is certain in connection with
the question, and that IL that the exercise Of the
power OF granting these warrants Of dspossesson Is
within the scope OF his prerogatives. and that he
has declined to it. although it is well known that
were he 80 disposed he might derive handsome an
| nuai revenue therefr0m. TOwnshend well known
authority on the law and practice Of proceedings
ejectment says-"We are not certain as to the jur-
isdiction Of the City Judge OF New. York. It
city to exercise this jurisdiction and wo are not
aware that any City Judge OF that city has ever ex
ercised this urtsnictonn But Townshend wrote this
Il DfODOSe0 q
pement to his work might modify It 50 as to re-
Prior to Judge Bedfcrds accession to his present
distinguished once the jurisdiction referred to was
exercised In the court over which ne now presdes,
and vast owing to certain existing circumstances q
that It was the enforcement in An imperfect manner
the statute book Of this State The chief reason why
| It was doubly unjust was that, owing to the fact
General Sessions being very extensive ana absorb 5.
ing almost All the time OF the City Judge, he could
sy
and deserved. This class Of practice In not ranked
nigh IN the Legal and !; termed
Also In spite OF the fact that 1t may be made to yield
nch emoiuments In fees. The "fees," therefore,
cupidity are not petty That IL has been exer.
cised In the Court Of General Sessions Is matter be-
You'd cav and incontr0verble; and that It has been
exercised o source OF em0lument. rather than as
the medium OF acquiring judicial proficiency. emf
disagreeable duties or branches OF adjudication none
could be more repugnant to sensitive judicial mind
While the criminal business Of any court must
necessarily be OF 2 very painful nature, this
view Of the matter is tempered by the fact that
against men convicted Of crime. Criminals generally
attain their unenviabe position through the wilfIl
perpetrati0n OF Offence But in nine-tenths OF the
Cases where process OF eectment is invoked s force
ia directed against persons who have had control
| over the circumstances which have made them
amenable to the law. In general they are the vic
tins Of misfortune, and that misfortune, poverty
been beer pronounced by many crime. Az 1 least
| IL leads in too many instances TO the commission
Of crime, and often entails the misery and unhappi-
| ness which should only pertain TO crime when the
| crime itself has not been committed. No one can
| OF course for moment assume that landlord Is
premises and 1t would be idle to assume that be-
| cause he is rich he should wait certain time to
srrearsee as stretch Of this rule would soon
| make all rich landlords poor themselves.
@ rigorous law i oeness e1orces o
execute IT. but simply because the poor are least
able 10 pay any pecuniary obligation. They are the
class who earn least who are oftener out Of
employment and who rarely have q reserve
month even, and landlords, In common with other
| men, seldom like 10 trust them In debt for the
seldom earn more than enough s 70 i've upon pom
Taking these facts into consideration, together with
dered at that Judge Bedford shrinks rom its exc
cution, and burynR all thought OF the measure or
pecuniary rec0mpense, contents himself with the
| honorable salary pertaining TO his position. Had
he chosen to transact this business he had both the
law and precedent TO sustain him In doing 90; but
| putting himself upon the ground that the heavy
criminal business OF his court demands all his atten-
tioD he states that he does intend 70 these
odtous warrants.
Yesterday Judge Curtis, Of the Marine Court. In q
letter published In the HERALD warmly endorsed
the action OF Judge Bedford, ana also respectfully
aud In dignined manner informed the bar that ne,
himself never had since hts accession ~ the bench
ssued dispossess process and did not intend now TO
| do So NsE
The law which both OF these gentlemen have thus
| declined to participate IN the enforcement Of will
| now revert to q channel IN which u moro
| certainly belongs, and where II viii have all the
| attention II requires The District Courts are
| numerous enough for the transaction Of all
this business. and Il win not interfere there with
other interests. 10 In civil process. aud the dis
trct courts purely civil courts and the criminal
and higher civil courts are, Is well known fully