New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-05-05
THE BAR ASSOCIATION.
THE ACT TO AMEND THE CODE OF CIVIL PRO-
CFrURE-rTs OBJECTIONABLE PROVISIONS
A CouMrTTrE OF RENoNsTRANCE APPOINTED.

SoSiation was held last evening, hb ~ "oo'
seventh-st, the Hon william NJ. Evarts in the chalr'
The meeting called by the Executive Committee Tor
the purpose OF discussing the bill before the Gov
| ernor, entitled "An Act to amend the Code OF Cyil
Procedure" The statute, three four columns In
length, was read amid frequent sarcastic interruptions
by those present The following the most objection
able sections:
SIC section Of the entitled amend ar to ,mend
the Court N my s s sss. We Trsse Ps' . s0 az. 'Ss
thereof and supplementary tle /. HEREBY amended By striking
SECTION . 81 said Get hereby amended BY aiding to the frs.
toe Nor except that in the City and County Of SeTYot
shall te trongh n The supreme Courl"
Mr. Nieon explained that this section deprived the
common Pleas and Superior Courts OF Jurisdiction In
u9 or. OF foreclosure and partition; -
providing that the action
co Of onS, AP s Sso brought IN s sGPeo oS1 or p,
been brought the supreme any
Supreme S on tie %SoS Of party os
Amend: . S1 "a Of q. Code b. .S1s Dat Acton,
@ s q s 81 2, Il. Ss. p c. Of s d,
before lore a%sa X. % 4, ' ssr s : .s y s
ndan the suit Section amends section 23 similar
SIC 10 Amends section 2a of the Code BY providing Sheriff,
$ The s s &c sS &c sssp! Es GO
h f ps gPsa an ~, sSn. 1000 AMI taxes away the
sEc Il gives the Sheriff additional fee Of 2 50 defendant
. sse T. amend; oS ~ q The cS4s s ..hofss al
Ss P9str Of appointing receiver Of the properly 70 dispute without
me6 section SO Of Il. code b. ssss ;ppsa tn. Gen.
Mr. Sico explained that this greatly enlarged the D.
peas to the General Term while the appeals from the
General Term we're by previous section a. largely
ssc !. amend, Section 800 ., N. Code provide. that parties Pc
'sss se % q , he G.g s. a3 PsYs ;S,%;s,e
oi party Sefor. .hs p oTsd xSn a' il spss
, I T91 not be sose. on s ' nor shall 51s ssm
wShd rot n allowed to extend upon The trisL" ,,,,,.
| re kn""n a. ute sixteen as follows;
EVER Cont ever Judge Court
justices thereof pod At Common S to punish as for con;cPt
Courts Of OF Judge or justice thereof cs At common law
eeas for contempt shall be bad and cnuete
Court Judge Justice shall erect and the punishment wh may N
Corr or Judge 81 Jaee eore shon the proceeding a And all
eeord ad Judges Justices thereof are concerned repealed"
SIC p provides thst this shall apply to SC ions and proceedings
take sfee. mmeiaeI.
Mr.. Mccarthy asked if it known whether this had
received the signature Of the Governor, and was IN
Mr. Emott said that the fact that the changes intro
duccd by the bill affected the rights OF citizens
apparent TO all 1t increased largely the patronage OF
the Judges Of the Supreme Court which was the great
and evil Of the present system, aud which de-
bauched and demorllizei the administration of justice:
II vested very large discretionary powers in the General
Terms and stripped the Court OF Appeals Of its whole
| some control the action OF the Supreme Court.
Now they fci that Injustice were done ny the Supr me
often substantially di~posed OF they had redress in
feature the extraordinary power OF removal Of
from the Superior Court and the Court Of Com
Pleas. They might be aware that In some l6 SUITS
involving over sl0OOOJ. against persons whose names
were notorious, Judge of the Supreme Court had
attempted TO exercise this power. He male the Order
and made II IN such way AS to be stay. On tue ap
peal. Judge Iugriham lad promptly written clear and
convincing opinion denying the power his associate had
iii djs,eHIA In the scrnd District the power had
been promptly denied II singular fact that alter
that reversal there attempt to take an appeal
and inmations wero thrown out that they would ac
|
item in that state mind The provisions OF this act
explained that lLlugiterl lie supposed Their
proper to be- by suitable representations 10 pre-
sent 10 che Governor the welcomes and folly OF TINS
lie gi,ature He moved that Committee he appointed
t. submit 70 the Association resolutions upon which they
C. NJ smith asked II there was a difference between
common law c0nLempts ana statutory cOutempts. -,
for what / nave said Tonight. fLaughtcIl.
The motion was carried unanimously, and the Presi-
dent appointed as sneh COMMITTEE exJudge Eno't Jas
C. Carter aud L. Curtis, WIN retired.
coutenpts under the common law, ana pointed out
the notifications 10y the Revised Statutes restricting
both the Glasses OF cOutempts and the character
punishment. by the common law. the punishment, both
in fine aud Imprisonment, Was unlimited, ana they were
undoubtedly liable to bOtn for what thcy had said To-
night, without limit.
Mr. Nicol read the notes by the revisers of 1870,
showing their intention TO- hg The powers OF the eonrI
ana one knew VINO introduced 1t.
". ". MacFTland asked the President If he knew tho
Nj Eyaris-Ir the father of the bill is known to any
one PR sent hOic h. will state H. 10 i doubtful II the
Legislature knew they Lad passed 1t. Lughterl TIE
hclr was from Judge If the Court Of Appeals, VINO
communicated it 10 lawyer here. lie communicated
something OF II 10 newspaper, which was the first tie
TIE Committee returned and offered the following reso
tons:
olr,d passed by both Hou'e Of The LEGISLATURE
the Close Of the last session Tor the s duen Of the Goa OF Procedure
eunempr ~ ays 81 cr1ctr 80 extraordinary
ja.fy the mos seo areae ms not ONLY hat G s.o.ent
most important be practically impossible but that the andA
Heoef Tnst the said ball eoItsls among other things The follow"
provision requiring all in the Cit, and Comfy of
HesIOrE for the foreclosure Of n"ssge, fpd We PlINGn
pfiie he Superior q Common Pleas Of 'her ord-
jurisdiction and swelling tue already enormous patronage
Po5on Knitting Judges of III. suprems Court in the
CS County Ses-YorE into thu Con upon mo ion at
superior OF the City and aHy Of ke"'io or the Court Of
81 go5on prohibiting apy s,o,khrsr corporation who
have ea winged o. dersdl by tue Of the corporation from
sHg bis redress "a 90, other Place Than in ons sp or
witch The principal Offices 10 the City Of he"-loG
Poqa st eauss qe a and d g apt r.. ne ts
pr ges appeal Count ADeat iron toe decision OF OeneA
provision dep,ins pre. privilege enOysd Of ehOo.
ing b. eouens ami e'ng TIE D'meH Of all referees IN
ir"sn utterly Ia ing svs7 night have inspection Of
the SSO, Or pp ss ss e 10 Re dissection Of JSe. to deeno
what questions may adverse party on a. examination DO
provision oppresvey increasing the fees Of shera' executions
precision unknown in the administration o. lo,es iof
the apo Of receivers Of tie SUBJECT matter huSanoA pDns
- no. PROVISION restoring criminal con,emPs as eIissd il
Jon OF The judicial proceeding and the eondiei o.
Judicial and The pub eauoh without o. s
jncial proceed made criminal ml
snd imprisonment
m thln ion Of the Coart or jorge ana shH FhOu n
l.epe6 Of M bv Jury he pnyi ge OF sP cal 60.
o,f Th powers 90 the judges OF the suprem. ,oui
ursc 81 the Suprrme Court sn
Conn o Common CITY Of New fors IL unnecessary as wei
IL unw1se and Offensive VIC
cot ~, ~ arAnkx NJ supreme oart
,g T.f will he 20 largely reresss
Al rover affecting not only personal rghs hu
,e IN, L swell the patronage u te gnsss OF tne
It 10 remove Of control b. the Court Of as' re
~ over the orlnary procse actions often Of NE bsss.
~ .n Ri acct 10 JUICES Of the supreme 'Ou hs
na po on nights but Of the liberties Of IusAA SS '