New-York tribune., 1876-11-22
REVISING -NEW-YORK LAW.


1ooV ,rtsox IT-soMR OF IlIE PRINCIPAL CHANGES
ruaop1zD IN II-AaYSDMESTB PROPOSED BY
THE BAR ASSOCIATION.
Conversations with many lawyers snow tha'
It is doubtful II any large portion OF the par OF 'n o
know the full importance OF Chaptor 42o oi iio "o
the present year. 1t s an act OF l4Vo secuCns' a"
fans many alterations, some merely verbal OTHERS i
portant affecting the mode OF the administration VI
usce IT is more than substitute for the present Code
of Procedure
fin 1923 revision Of the law made. known now as
the Revised Statutes" II touched the substance OF the
law rather the practice Of the courts IL has Ueeh
overaid with amendments In 1S46 now Constitution
WAS adopted the Court Of Chaneery WAS abolished ana
new revision of the ordered Tho revisors re-
solved on five Codes, Political Code, Ciyu Code
Penal Code, Code of Civil Dpcedure, and Code OF
Criminal Procedure The Code of Civil Procedure alone
became law. It confessediy Imperfect IN the ao
sence of the codes 1t has been like s
the Revised Statutes oyerlad with hostile rulings an"
amendments good, bad. and contradictory Tho oiaer
codes were prepared but received legislative nc
tiOu.
In ls7Oa new commission was appointed 10 re'lso
the whole law. OF the three commissioners thcn appoE
ed only Montgomery II. Throop-who is Withdrawn III
some measure from active practice by deiect Oh near
ng-has continued TO act TO the present day. lie rea"9
comedies to associates their share III tue "orh "
the labor has been, and the responsibility is' on NM
A was,tbe case with the previous comnissiOn inc
proceedings ciyil suits to have irst AIre'o" e
attention of the commission lt took M "ha' 'i''
Tbr,oy calls the Code of Remedial Justice which Is
intended TO contain II chapters ony 10 arc eont"N
in the act the four not having been completed III
time 10 present them to the Legislature 1t Is broader
than the Old "COde of Procedure" III coh-
tains three chapters relating to the officers as
well AZ 60 the Jurisdiction OF the co"uS
The old Code contains only few sections on the 'a
subject While the "Code of Remedial Justice covers
the questions OF the time which and the place "herc
actions may be brought rules OF pleading provisional
rrmede. c IA arrest attachment, aud Injunction the
mode Of procuring evidence. the trial Of causes 'e eh9
of Judgment and the Issuing OF cxccntlon-ln other
words all the steps ordinary action In court Vi
record-coyerng in respect to these things inc sHie
ground AS the old Code il takes In other snoeeIs'nc
right, Of Door persons TO without cost the duties OF
sheriff when an order is issued to him; The contFoi oil
moneys paid into court the preference Of cause'j Tue
law Of evidence as well Of the methods Of obtaining
IL; the Jury laws. including special jury laws ior hs
County and Yew-York, aud law Tor struck or spceia
iures the laws 10 property exempt from checuhon
npd ,he law a. to what property in doubtful cases Is
subject to execution; the law as to tie redemp
ton Of property sold undor execution anu
the law AS TO executions against the person
On tine other hand there matters contained or re-
ferred to in the present Code which are not IN he'e !"
chapters such rs she costs of attorneys IN suit Inc
fur chapters yet passed contain also pfoNSos ioi
courts; the practice special proceedings, snciias man
dau,s oo rardnfo repleYin the determination OF hte
10 real property, eviction, and other special ana oeca
siona proceedings II is thus impossible TO compare the
new and the old Code they are not IN any way cole
rntnous.
The present act IL admittedly only part, ana there-
fore imperfect As an instance of Its hnperieeuon III
the absence % the 18th chapter not yet passed. the act
as it stands will apparently impose on tho minor courts
the ponderous machinery Of the courts designed 10 aus
pose OF more weiehty cases The giayest 0plectIon'
however arises from the changes proposed by IT, Most
Of these merely attempt TO state precisely "ha'
is believed tho law for instance In the see
ton defining cases OF contempt of court Is Included
this; g. Publication OF false grossly Inaccurate
report i,s proceedings But court cannot punish Us
contempt the publication OF true, full and fair re
por OF a trial Argument, dccison or other proceeding
therein"
Tentyseycn sections are devoted to the qualifications
Of An atorney aud his duty 10 tho court d his client
One Of thee is as follows: See II. An attorney or
counselor who williuy delays his clients cause with
view 10 his own gain willfully receives money or an
allowance for or account OF money which he has not
injured treble damages" Other sections make mon"
sfnyent rule foFd@ag an attorney 90 purchase OF
lated he duties Of scnognphers, making Law Of their
rr. .ent Gu tom "a 20 their notes.
la the porlou relating 20 the proceedings IN an action
there are changes from the oid y -tsn one
LAWYER said recently there were 5000 changes ~
ihe 40 SECTIONS II tie act. follow them m detail
II 81 impossible, but lev may D. Lo,,u IuS
r1gh married Woman 10 sno has been ENLARGED qnu
I'm most cas,s she bring suit alone, but
ease arises which there h doubt - To sncn ugi MS
doubt b. swept away 10y Inc iuh""mR piohl-luh -
tion $50. In an action or special proceeding matI'
apps,irs, lrosecutes, "t "sisnus lo, "t lo'h
with another as n sne wen single p"Nis'"h when
probably takes away alsO the uIht OF The Cou' IN Ger
laiH To compel husband lo aplSti 4"i II7 we
IWO other cgscy colhtctuH ,u''-e9 i"l ~ l".i, t
The different forms o summons now ia use are uboi
i.hed aud form j. substituted In the peadines
broader power 0l uniting different cau-rs of action in
complaint OF coul;eIeidn u ~ .iu W..
his demands IN tIr alieShi''e. section 81 pro
NiIes Tor tlc determination oI qnoat!1ua bciN"th
two dyicudtIts when lhcii rifha IN" h"-llie
10 each other as well hostile 10 t5c p.ainin'
vhoa, delaying the plaintins ighi- Other sections
,alitabe snD Is now issued. Try 10 settle the doubtful
rule as 10 what evidence shall discharge prJysiOnal
claimants 10 property which Tie shrnH iryics. Ia
brief words. the act though maiuly cod,Gcaon Of
existing law il C0dlcdlun not 0f The statutes hut oil
the law rs interpreted by The courts, aud where tue
courts differ seeks to settle e difference at horitautey
II adds many provisions 80 meet ditcuties when
haNo arisen an thc practice.
not thoi enacted into consideration AMI appointed
committee OF - 10 examine them Twelve Ul The com
mittGe acted. They reported 81 amendments. They
I'm their report: "Tbe work Is an honorable monument
Of tbc industry ana ability Of te commissioners Many
existing legislation removed and many doubtful iants
In practice and the application or remedies settled, and
existing remedies enlarged ana extended; and as
whole (ubcct to the proposed amendments and changes
hereinafter suggesL-dl the comniiteo recunmend
Ing to simplify. harmonic aud improve that
department of the la" OF the state to whcnn
They condemn, however unnecessary changes OF
elninology barge proportion of the proposed amend
meuts verbal, the most important relating to tue
rules OF evidence the discharge provisional wTts
One sweeping amendment proposes the substitution o
NeTYGrk for The NeW-lOrk jury Jaw proposed by The
Commissioners. Another strikes out section permit
Mr. TnrUop Eas himself accepted many these amend
menis and has drawn Law cmbodyInk 40 amendments
The whole question came before the Bar Association