The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-03-07
win the Governor Approve the New
Code

The passage of the supplementary por-
ton Of the new Code of Civil Procedure by
the Assembly brings this important meas
ure again before the Governor, who refused
To approve il last year. We see no reason
why ne should change the views he has al
ready Expressed on the subject. They have
been repeatedly justified by the experience
of the courts with so much Of the new code
ne we already have, and there IL abundant
ground for the belief that the new part will
work even worse. IT, rejection by Gov
RonISsoN will prevent the establishment of
n formidable barrier to the prompt and cill-
cicnt administration Of justice in this State.
Mr. DAVID DUDLEY FIELD has been very
prominent and earnest in his opposition To
the new code, and his enemies now rejoice
over its passage and would have the public
believe that it has the approval of almost all
other lawyers of distinction in New YORK.
EVENT. This were the ease, Mr.. FIELDS disap-
probation alone might justly give rise to the
gravest doubt as to the wisdom OF the meas
are. What other man in the country has
done a. much as he to reform and simplify
the practice of the law? The years of study
he has devoted to the subject, the practical
success Of his Codes not only in our own
land but In many foreign countries and his
recognized ability as Il Jurist, cntitlc him TO
be- heard and needed. But it IS nm entire
mistake to assume on assert that objection
comes from him alone. Mr.. pREsCorr of
Utica stated In the Assembly ON Tuesday
that the bar Of Oneida county was opposed
TO the passage of the supplementary portion
Of the new code. and certainly there is no
"a. I'm in mr. ipn Ia N A.
entire State. The very last memorial pre-
scented TO the Legislature, praying for n
restoration OF the old CODE and published on
the day the bill was passed, is signed by
THEODORE W. DWIGHT L. l.. FANCuER,
ETHAN ALLEN. BENJAMIN ID. SGLLIMAN. j.
W. GERARD, and +. +. MARBrRY. These
names are tolcrably well known, and alone
furnish a sufficient contradiction to the
statement that influential opinion in this
city Is all in favor of the new code.
But Gov ROBINSON will doubtless be
urged to yield to the judgment of the Leg
isaturc as expressed in the passage of the
bill after a consideration of the objections
which he male in his message. II does not
seem possible, however, that he will give
any weight to the opinions Of Senators who
actually refused to hear the bill read.
Then, although this second part of the code
was bad enough as 1t came from the Com
missioners. the Legislature made it worse
When reported by the revisers, in 1877, sec
ton 32sS read as follows:
THE aggregate amount OF the fees including commits
dons percentages. any other compensation for ~'r
Wees OF the sheriff Of referee. OF any other officer
upon the sale real property. pursuant to Judgment In
action To foreclosc mortgage thercupon. oc sloec
| my dosi1ra"
! This provision was proper enough, and In
accordance with recent construction OF
existing laws. Why was IL changed by the
Legislature so as To increase the fees OF
referees on foreclosure sales five hundred
per cent? In its amended form 1t reads
| thus
Tho fees Of referee appointed 10 se real property
pursuant 20 Judgment IN an action must be fixed by th
Court such a II deems u reasonable cOmuenS,
ton Tor his services mo- ercsffg ho.ed and mn 10
| dun
This Is the sort OF law reform which thu
Governor is now asked to approve. w,
think It is worthy only OF fiatfootcd con
domination.