New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-04-28
ALBANY.
THE CODE OF REMEDIAL JUSTICE


IT WILL co INTO EFFECT UNTIL MAY /, 1873
IpRoM THE REGULAR CORRESPONDENT OF THE rRrBuv,
ALBANY, April 27.-1he time when the Cod.
of Remedial Justice shall 20 into effect was the subs
Of long and somewhat acrimonious debates in the sen,
and in the Assembly. The need Of instant action In ~
matter by the Legislature was great Thirteen ehsptsn
OF the code according to law passed by the last Lea
lature. would 20 into effect In May, During the Whit.
the Senate Judiciary Committee has drawn up z7s
amendments TO these chapters. They were put In bin
amending the law Of last year. and the bill was recent,
passed by the Senate Among the amendments was oss
postponing the time when the code should 60 into es1
till Oot l. 1877. Yesterday the Assembly passed n.
bill containing tho amendments, but changed that so,
corning the time when 1t should into effect from Oct
l. 1877, to May 1873 Upon the bill being returned h
tho Senate to-day Senator Robertson moved thai N.
Senate Don-concur in the amendments made and that
conference committee be appointed Senator Harris A
moved that the amendments be agreed TO- Asaa
amendment to this motion Senator Jacobs moved thai
the Assembly amendment In relation 10 the date 4.
agreed to- Senator Robertson said no should consde,
such act discourteous TO the Judiciary Committee
Senator Harrs-The motion for the appointment OF
conference committee Is strsegem 10 avoid taking the
sense OF the Senate on the subject think the Judiciary
Committee ought recede from their They
have from the first urged that this code should 20 nts
effect before the profession throughout the State desire
judiciary that approves Of the action Of the judiciary
Committee.
Senator Gerard-I am In favor OF the notion The Ju
dietary Committee seek to force this code upon the pro-
feson before May I, 1873 II their adopted child
They didn't like IL at first and shrked the care Of il last
year This year they fondle and cuddle II and
shrek. whenever any attempts to amputa
Hasty legislation Is had legislation. believe that ts
code when perfected will be amagnifcent work. Yoa
not going to perfect anything in the dark however
In view OF the fact that the lawyers will only have FIVE
months to study 1t before II goes into effect IL 1t does IN
Oct /, 1877, think that it ought not to till MayI
1878. Why should there not be delay There NAV
be little mperfections needing amendments WIN
should be considered for several months longer
The whole professional world is waiting most anxiousy
for our action
Senator Wagstaf-If postpone IL another year Tia
lawyers will be equally unprepared They never read,
proposed law, only ono that has been passed.
Senator Loomis-The Assembly having by a decided
vote said that the code ought not to 20 into ene. m
May l. 1873. think the Senate should In ik 40
ton. The code OF last year not published for six
months that if the last chapters OF this code 90 into
effect OH Oct next the judges and the lawyers will not
have an opportunity TO examine 1t before 1t goes into
effect. Tho Judiciary Committee, by making 27S
amendments to the original chapters, acknowL
edge the serious defects in the code Ths
Assembly, it seems TO me, is inaexible In.
less recedc from our position the defective cOds
passed last year by the Legislature will into effect On
Tuesday next. Are the Judiciary Committee wllingto
lose all the valuable amendments they have made that
code2 appeal to them to refrain from making fur
ther obstinate resistance.
Senator Woodn-The only question before Us u
whether we shall have a conference committee me
the Senator from the XXth oomis In regard to
the Assembys action. II surprises to hear him say
that the Assembly has taken stand and will not eceds
and that therefore the Senate ought TO surrender a
once. What if should say that the Senate had taken
stand and would not recede. The Senate may he con-
WINGED by argument that it is There ought DO
a conference committee, that can learn why 10
that the Assembly insists upon May l. 1878, as the day
when the law shall go into effect.
Senator Harrs-I had idea that my motion would
be treated as personal aront by Senators, and
therefore withdraw my motion, and hope tie Senator
from tie lid JacObs will do likewise. No ha
been given why the date should not be postponed TIL
May /, 1873 The only reason OF resistance to pest
ponement till that date that tine next Legislature nay
repeal the code Now, when we have the Court Of APP
peas unanimously and thousands Of lawyers in favor Of
such p0stpOnoment, think that Senators should heed
their opinion
Senator Jacobs-I don't think it any diseourIesy,
but withdraw my motion. The motion OF Sen
Robertson that the Senate nOn-cOncur and that
conference committee be appointed was then adopted
pointed such committee.
When the Assembly was Informed of this action, Speaker
Sloan appointed its committee Messrs. iIogeboom,
Gilbert RUgges, Alvord, and IL H. Rockwell Before
the Conference Committee met Senator Roberson ol
fere0 bill containing ono section only deierring the
time when the code passed last year should gol enc,
the Legislature ample time 10 consider the code before
acting upon it, He probably argued that the eslsalnS
would yet be in session several weeks and IN the interval
the code could he thoroughly discussed, ana needm
amendments QncudinR that IN relation 10 tle u ,ns
when il should go into efeco could be made. The bl
by unanimous consent was ordered to thlrd edahS,
read third time, and passed, al within ten mhuleS
was then instantly sent to The Assembly IN UfieL III
terval before 1t could be acted upon by INC Asseog
tie Conference Committee met II was soon dlscoyeea
that there were such differences OF opinion thar wou
discussion. The committee accordingly adiouFned .
meet haif an hour later While the AFsemDly members
OF the Conference Committee were absent the Nv
Senate bill for postpOnement was announced, READ
returned while The vote WIS being taken. -, 40.
Mr.. Alyorl and Mr Hogeboom, upon learning the ma
ture OF the bill urged members to vote aSsnsu ~,
sage Other members who had voted with TIE inalnry
wdich the law should 90 into eject also pleaded ylta
fellow members not to vote in favor Of The e e ne
vote OF 81 70 60 The senate, UPON learning ths ac-
ton Of Inc Assembly instead OF adjounng an Monday
IL had purposed took recess mi o'clock:
Mr. Fish gave notice toby that on Tuesday next hs
would call OF the Assembly. This IS for the pur-
pose of securing full attendance or members when
Yoe rs taken on the Omnibus bill. which Me- Fish thinks
will be reached on that day.
Both Senate and Assembly adjourned I'LL Tomorrow 10
await the result OF the meeting OF The Conference Com
mittee on the Remedial Code. The committee, after
four hours discussion failed to agree, and will report
TO the legislature OF the joint committee favored
having the Code 40 into effect Oct l, 1877, and four
that il should go INTO effect May l. 1879 Tue friends OF
the first named date refused it is said to make any con-
cessons in regard it, t those of the latter offered to
compromise OH March /. 1873. Finally the friends oil
MAY 1873 offered 10 consent that four chapters OF the
original thirteen and two chapters OF the ad1iton NJ ~
Shonld 90 into effect Oct L. 1877 II the other chapters
should be allowed go til May l. l<S, before e-
coming a law. Tins proposition the itrierds oil tue
ters which they named were included This WAS not