The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-05-04
REMEDIAL JUSTICE.

CONFUSION AND ANNOYANCE CREATED By LEG
1sLAr1vE BuNeLINa-A DEMAND FOR THE
REPEAL OF THE NEW CODE BILL
To THE EDITOR OF THE HERALD
The failure of several the newspapers oil this city
to appreciate the recent action OF the Legislature In
reference to the law regulating the practice and pro-
ceedings in the OF this State possibly due to
the tact that is difficult the lay mind fully APP
prehend tho far-reachng effects Of such legislation.
For the purposes OF article only IL will DO ad-
mted that the new code Is wise measure, and that
the best interests OF the legal profession and the peo
pie generally will be subserved by It's enactment into
law. Now, what was the situation few days SINCE
when the Legislature allowed 10 60 into effect a law
that repealed large portion Of the Code OF Procedure
and left the balance OF II In force, so that to-
day the practice Of this State Is conducted
under tho fragments OF two codes-one old
and one newS On the I'd day OF June, 1876, tue
Legislature passed thirteen chapters OF tho code,
providing however, that they should not 60 into sf
feet until May l. 1877. During the past year these
thirteen chapters have been thoroughly examined by
the Bar Association OF this city and the judi
CARY Committee OF tho Senate The Bar As.
ISOLATION proposed sixty-two amendments, and
tho Judiciary Committee 275 In the course
OF tho debates In the Bar Association, early IN
the winter, 1t urged that 1t would DO exceedingly
unsafe allow these thirteen chapters TO become law
the LIST day Of May, 1877, as tho new code would
consist OF Al least twenty chapters, aud would be
perilous experiment 10 conduct the practice OF this
State, even for short time, under portions OF two
codes THIS argument was met by the statement that
long before May l. 1877, the remaining chapters OF the
new code would become law, and the completed work
would be placed III the hands OF the profession. This
statement proved TO be erroneous and tho chapters
necessary TO complete the new code have not yet
bcen acted upon by both houses Of tho Legislature.
II the State OF New York Is to DO subjected TO radi.
cal change OF It's Code oil Procedure two propositions
would seem 10 be scif.cvident.
ts-Thc legal profession Is entitled to be put In
session q sAs sns aew code Should b. allowed
completion Of the codc to enable lawyers 10 become rca
sonably familiar with It's provisions.
Tho senate socm have been unmindful Of the 6rs
proposition, but were OF opinion tina! the thirteen
chapters OF tho new code should not 60 into effect
until October l. 1871. Tho Assembly, having due
regard for both propositions Of OPINION that tho
thirteen chapters snould not 70 into effect until May
J. 1878, thereby giving the next Legislature an oppor
tuuty TO complete tho new CODE This tho situs
tion OF affairs week ago, when legislators were
called upon act in tho premises. Their duty was
plain The highest legal authority In tho State had
declared tho thirteen chapters should be amended.
These amendments were radical involving questions
OF the gravest import Both houses had agreed on
the propriety OF pSsponement II was perfectly ap-
parent 10 the ducst member OF the Assembly that un
less proper was taken the administration OF JUS
icc The state Of New York was 70 be conducted under
pronounced imperfect by competent authority, and ad
mltted 10 be so In many respects by its authors Yot
notwithstanding the gravity 81 this situation, the two
houses Of the Legislature under the influence OF per
sonal feeling, allowed the thirteen chapters OF the new
code in their unamended condition TO become law
thereby placing In jeopardy tho millions oil property
involved In the actions pending In tho courts oil this
STATE and imposing upon judges and lawyers untols
annoyance, anxiety ana labor AS piece 2,
this state II deserves the condemnation OF an en-
hghtencd press and the united circumstances Of IN
Bench the Bar and tho army 81 suitors VINO are com
p'''s- EDWARD I. BARTLETT.