New-York tribune., 1877-05-04
THE CODE or REMEDIAL JUSTICE.

STATEMENT BY MONTGOMERY VI. THROOP
Montgomery II. Throop, chairman of the
commission to revise the statutes returned from Albany
last evening. and furnishes the following statement in
relation to the Code OF Remedial Justice and the
present position of the law relating legal procedure
There are several prevalent in relation 20 the
statute Of 1876 consisting Of the first 3 chaDers of the
proposed Code of Remedial Justice which wish to cor
/ rect at the outset OF this statement.
First That the act Of 1876 crude. On the contrary.
1t consists OF careful review OF printed drafts when
have boon long since distributed To the judges and the
which very carefully reviewed in the Light OF those
suggestions by the commissioners who reported the act
The Legislature. These consisted OF Judge Alexander
:. IhnSon Mr.. CavernO of Lockport and myself The
commissioners expressly stated in their report that all
OF them had carefully and critically reviewed section by
section each portion OF the former draft, when is in
cudcd in this bill The amendments subsequently pro,
posed do not irye ai the act was crude or was deemed
10 be crude by those VINO proposed them, will pres
Neeond That the act Of 1876 was pecemeal produc-
tou not intended 90 into operation unti The remain
ug chapters were completed On the contrary, 1t was
iun law separately in advance Of the subsequent
CHAPTERS To be prepared by the commissioners Accord
m-y, III reporting IL. the commssiunrs recommended
Ia, IL should go INTO operation on Jqy l. $50 ana ID ID
commissioners said that the chapters presented to the
LEGISLATURE may IN their opinion be conveniently and
adyanlageously enacted together before the
completion of the entire revision " and in another part
o their report they said that these chapters const
tu'-d we have already stated, system which,
although not complete IN MI its details ls sufficiently
perfected TO be safely aud conveniently put into mme
third: That tie new code constittses new system,
radically in rent from tue one In operation before Nay
l. lS ON the contrary the COle oi EeihedAI justice
coates into one book all th' former provisions Of Jaw
concerning the subjects % which relates, preserving
all the essential features OF the former system ana hat-
ing such changes were necessary 10 remove de-
ecs, simplifying unnecessarily Ilcatel procee ug5,
removing Ihc"hri' r auu ihs "
ccs, adapting old Stcs to the modern practice rem
dcrlug the yarous dscorant, mcOhercnt, yarOlsy ex-
pressed statutes coIsis'hl anu hoDSr@cois @ III st' ~,
and otherwise 10 iul the duty deEOYcd uDDn them Dy
law 10 "reysc, simplify, arrange. ana consolidate the
statutes ~ such manner as 10 Iecohcl.G tLc coidlc
uOnS, supply the omissions ana amend the imperlectons
scoms q superficial observer to constitute new
tom this result proceeds chiefly from the glrb in
which statutes clothed and the arrangement
wEch the process Of consolidation required lquDie
from me AUdHy Lac Journal Of Dec 3 1876 as follows:
" Tne Code Remedial Justice cOmmcnds lts'f 10 our
Judgment "A comprehensive, exhaustive coherent, and
ethodical system. The radical changes are few. II is
years Standing and Ordinary common sense can master
Toe entire work in the leisure hours Of one week
Fourth That il passed without examination by
@ o ~ ~ tt tey cyucred thai il sbould not take effect
until numerous changes had been made This statement
~ g. 10 e5c ui bni NOT Of tSe stnaie on he contpary
/ thc senate judiciary Committee held the bill fully
months. during which time they submitted II 70 careful
eyamiuaton aad frequently appeared before them to
discuss ana explain It, It was re0urted by them favor
aliy with full OF tner possibility IN SO doing
! When Il was IN general orders the chairman Of the
very charge. Tne date fixed at May /, 1871 partly
from excessive caution nut chiefly order To enable the
remainder Of that work be enacted aud to 20 into
/ operation at the same time. All cOnccde that such "a
result would be highly desirable. II we have failed to az
tain this year tht result is chiefly owing 10 the machi
/ nations Of Mr. David Dudley Field. At the time when
he made his appearance at Albany, two or three weeks
AGO il WIS understood that majority Of each house
would vote in favor Of the AL work going into operation
| dViIull members Mr.. Fiel succeeded in persuadng
enough members Of re Assembly 10 change their Sides
to produce tority of iat BODY IN aYor of pospohhg
the work 10 MAY l. ISIS. The Obect or ms persistent
abors was not apparent At ms nist Fsl' pug last Neeh
ne acknowledge openly th"t hIs "DI1Gt was 10
get the next Legislature 10 repeal tht acJ OF $50 ana
to substitute m It's place Mr. Fields code Of civil pro-
ccdure reported 10 the Legislature IN lS0O ana con
temptuous!y rejected then aad on various subsequent
now proceed briefly what reception the cO6e
of 1876 experienced from the profession nj irge II has
been warmly, may say enthusiastically approved Dy a
ar-e number OF the most able and eminent Judges and
! LAWYERS do not think it any eNaggerat0n TO
pefent LAWYERS who have carefully studied the act of
ls76I approved of It as it stands III the statute
i'm minor matters next come to the 90 amendments
made by the Senate Judiciary Committee, which have
been incorpora cd INTO the act OF 1870 o|g 20 ne
dis ,grrcmcnt between the two houses. Tue committee
spent nine weeks IN the examination OF the entIe
been enacted. They were rather carried away DN lher
cnthusa,m for aud Interest in the PROPOSED re'lol
sesscs peculiar fascination for able and accomplished
lawyers liI, the members of the commit tee, ana tEey
consequently committed the mistake, as think they
Themselves ackuOw ledge 1t Ia nave Dren' oi tEit"
inc fnc work p, her a il they were the rcy'ers instead
OF Judges Of tha reysrs Ihs consequence Is tat
Of their 20 amendments, con'ldtraDt huhDtr are
trivial being mere alterations in style or phrJscOlOgy 10
suit The fancy ot the committee. AYth,
"a considerable number OF the amendments CONSIST GA
cbauges i'm The law that say Of substituting differ
ent rnc OF law for one previously existing, which mad
been reproduced by the commissioners In near every
instance ncse changes Improvements, Dat j. hecd
less 20 that they are not essential 70 the WORKING o
tho sysjcu. .,.-, - , ~.
fl was al first determined that the act OF 1876 and the
bill Of 1877 should uiO ,hccs together on thG Iht Oh
August of this year. The time was then changed upon
consultation to lSt OF September, ana hnhy ~ 'e
/ last moinrnt-n some way VIII ch have never cedili
under,nod FOR WAS then absent from Albanyrthc lst
uf October was upon just the hrst Dl Wa3 pts9
ing the Senate As have already stated, Mf f.ed sue
ce ded in stirring up mcmbtrs OF The Assembly 10 ue
maud POSI- pJuemeut until May !, lS!S. Inc SIhai.G
wthst0Od this 'hani' partly Dec1l'e hS eiigst ", III
be 10 throw away the long and valuable laDrs oil the
Judiciary Committee AID par ~ to save the LtSi,latIe
OF e7S from the infection OF having 10 HSien 20 MY
Fields argument n favor OF his often rejected cOo 'H
tine consequent embarrassment IN pa sing that portion o
The revision which the COMMISSIONERS intend 10 present
to tae session Of ISIS.
IL H. in my opinion idle to expect anything ike re-
peal Or ssreu5on Of the act Of 1876. That ms become
'nr Ia,y of tuc Inl III nothing OCcurHtO sur up
any bitterness have doubt that some Satisfactory
arrangement viii be made in the course 0I lew utl 70
grut - Sennt. amendments and to enact the supple
mcuiary chap!els-il To 20 into operation Whn Iea
sJuhle time. Bat those wnO practice under lht OOe vi
Remedial Justice IS II now stands may ne SUR hOtIl-
m the new amendments viii Inyadate any OI then pio
iIgtoa