The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-03-15

TT. " n
oi contract within the purycw Of this section? I?
hcpowcr Of great injustice is hidden IN this
scctiun II II he over enforced, and 1t may be en-
forced hv Imprisonment against the most limo.
cent party under the provision oil section 2s93
section 3.253 provides:
In action brought to forecosc n mortgage upon real
pr'%rN s,r, m ,Hr d tnS psunnpcs@, psfunph rm % bera
I.,snc ,, m , i r oe,inn thr court
NAV also in It's discretion award to any rary ur'hcr
In an action to forccio.e inortgasc, sum no, ex
tccir two and han PER centum unon the sum uue' OF
IN ANY o,cr case srccdrd in This section sum not
exceeding h,c per ccntuu uron The sum recovered or
claimed, or value oi the suhicc, matter involved
This was at one timc section 800 Of tho old
practice. SO gross had become the abuses under
this sect ion. however. that the Legislature. in
1876. interfrrcd and put u limit TO th" power of
th"court in this respect. l. srems extremely
barely rid The right OF discretionary allow
ancn is dangerous Onc to vest in the hnnds of
any tribunal and now thar the amounts in liti-
cation frequently reach many millions in n
single ease. the power of giving five per cent
toll to any party may easily become the means
" grrat Injustice and abuse. Again. section
3.2sS oi the pr sent hill provides that the fees
of a referee appointed to sell real property pur.
suant to judgment in an action. mus, be- fixed
by the court at such sum rs il deems reason-
able conn pcnsntion for his services. moi exceed
ing $3.50 The Legislature of 1876 also deemed
this subject worthy Of their attention, and by
the chapter above mentioned limited tho
total fees in such cases to $50. do not know Of
any reason Tor extending this limit. while there
petition or request for H.
Section 25GJ is as follows:
In addition to the specified in the last three
uon. the Surrus tc. upon rendering decree an
tested cause may in his discretion allow partv aud
ccntare upon nc amount estate or iun in
conirosersv hu, the entire rerccntasc allowed to all
lowed to party in an action in the supreme Court
This is new and thoroughly mschievous
discretion the power ofshaving an estate to the
extent oi 1--we per cent. and dividing the pro-
cceds at will. there has been contest over its
administration. The power thus granted in the
large cities will be enormous. The entire sys-
principle and ought 10 hc abolished
Another line of objection to the whole bill
lies in the frivolous changes OF expression
where, no chang Of meaning is desired or in
tended. Why this course should have been
minds
Nigh, so on indefinitely in the. citation Of
errors. incongruitles and evils such as these.
The act Is full OF them.
The Code OF Procedure Of 1913 and 1s49. al
though in itself model of clcarness and accu-
racy. was fixed in meaning and established in
use only at enormous expense to the people Of
the state At the cost Of many millions of dol
lars. NJ the expense OF mnny substantial rights.
II had become imbedded in the Jurisprudence of
the state TWAS understood by the courts. COM
pretended by the lawyers checked by the re-
strictlons experience had placed around il. and
afforded prompt and certain redress for civil
wrongs Its rules. contained IN q statute Of
less than five hundred sections, with some well
understood provisions OF the Revised statutes.
had W to the time of its partial repeal in August
last. fully covered the needs of our legal prac-
tlce. IL is now proposed by this bill. in addition
to the one which mas preceded. to overturn this
entire system. suppant n practice which we do
know by another OF $500 sections and l.2O0
pages which We do not know. and plunge the
whole operation Of the civil law the entire sub
Ject OF the redress OF grievances. into utter
chaos. The constructions which have obtained
f0f thirty years are TO be uprooted. Laws Of
personal rights are to be injected into the rules
Of practice. The salutary checks which have
been put upon the expenses of litigation are to
ss thrown on. and The siaggering business ofthe
riSStiOn . to DC interpret. 0' at nesS enornoas sSn
expense. a new and unwieldy system
o osob u ts saa 10 sas upon 20 the
party. L. ROBINSON.
provide Tor cleaning the streets d, New YORK. It
constitutes the Commissioner q Public Works.
President Of the Board of Health. Tor the time
being. "A board. to he known as the Board Of
Street c@lesning. @ They may rent an ONCE At not
than twenty-four meetings yearly. Within
twenty days after the passage OF the act they
than twenty-ono districts, and may. from
time to time. alter their boundaries and in
crease them, They shall make contracts for
ing to the objects Of tho bill. Contracts shall
not continue moro than three years. All
the Counsel 10 the Corporation. AS to form.
Ihe amount to be paid 10y the. C3nptrol-
Ter upon contracts is UNITED 10 s5U,Ouu in
any one year and the board shall not make
contracts to exceed that amount in any one
year.
A~semblyman DAILY introduced bill amend
Ing the net reorgan2ing the local government
Of New York. passed April 80. 1873. II creates
two legislative boards. n Board of Aldermen,
Board OF Apportionment. The Aldermen re-
main as now, excepting that they are elected
from Assembly Districts and are to receive
900 salary. The, Council Is % be composed
Of the heads OF the several departments Of
the city ,Governnmsnt. the President Of
cons appointed 10y the Mayor These last
are 10 be- called City Councillors and are 10 re-
ceiye salary Of 81 900. The other members Of
powers and duties Of each board and Of the
Common Council are defined explicitly. The
Mayor Is 10 hold Office two years and whenever
absent from Office. or suspended for more than
ten days; the President OF the Council is to
cflice the President Of the Council is to take
the oath as Mayor. uni less the vacancy occurs
the term for which the Mayor is el"cted. In
S aqr IS p%ded % @sSffh fho FsSn mayor mS5 SS
anpoint Deputy Mayor. who may
Tho Mayors appointments are TO require no
confirmation, and there are TO be twelve de-
Law. Police. Public Works. Public Charities and
Correction. Fire. Health Parks Docks. and
nance Department Is to be the Comptroller. who
shall be elected The department is 10 have
control of the fiscal affairs OF tho city.
Tho Mayor. Comptroller. and Recorder shall
appoint not exceeding five banks of deposit.
in which all moneys are to be deposited.
The hsnd of the Collecting Department is to bc
the Collector of the city, who shall receive all
moneys payable into the Treasury and deposit
the same. To this department are transferred
the several bureaus for collection of moneys
and an additional one known as the Bureau OF
Charges and Penalties. The Disbursing De-
partment is to pay all expenditures hy warrant
drawn on bank Of deposit. signed by the Comp
trolor and Chamberlain. and countcTsigned by
the Mayor. The Council in August are Ia re-
cciye estimates from the hrnis of departments.
upon which cach board shall base n general esti-
mate for the succeeding year. II the two boards
diner. the Mayor nlly definitely fix the amount.
but it must be neither greater than the largest
nor less than the smallest amount fixed 10y
either board. The total amount. however. Of
such estimate. after dcductng the receipts of
the general fund applicable to reducing taXa-
tiOn, and emitting tn" amount for the payment
Of principal and interest on city bonds. Is not
70 exceed certain sum to he heratrr ilNud.
The heads Of the Departments Of Charities,
Fire. and Health are to be one instead of three.
a. now. The other deprtmnn;s remain as now.
The Committee ON Privileges ana Elections
today reported IN favor of giving the seat in the
FIRST District Of kings. which WIS contested by
Mr. Bradley, to Mr.. Clan'v the sitting mem
brr. The report WAS adopted
Their" was Il stormy caucus Of the Republican
Assrmlymrn Tonight over Alvord's AppOr-
uunmrnt b!l! At one time there was danger Of
the cnurus breaking up in "A row, but after n
from Oh snV.rul ~ Ia.