New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1878-04-08
THE COURTS.
.rrrNn1NG THE NEW CODE.
DEFENDING THE NEW CODE'
oor,s ANSWER TO The GOVERNORS cRITI-
CISMs.

III
nm THRooP's ANSWER TO The 0o'Ai-''
CIsMs.
,ontcomery H. Throop has written pliel
,Ts ascending the Code prepared by him ana MS
ooainst the structures on II made py the "o'
he calls attention TO the fact that what INC
itonsrs had TO DO was 20 make new REVISION VI D
.a,,es and in doing so they treated the ola CoNe -
- enc .ta,utes lie says: The statement I'D 'ho wv
sage that they set about an entire upne"'"i " 80
Teal proce1ure proceeds from the 1oVeino, 49,! ,I
:" tie without ever reading the new Code nse 'uS
INSCRIPTIONS ialslhchlonS VI A
unon his credulitY." ~, h,,
THO ohiectiou that the bill was not READ III iui' ou'
, nv tile he says would be fatal to nearly cNoi! ~
portout bin on the statute book, lhc'uuiis 'lo 80,
1915 He defends the alterations IN lhouoS VI
an, "a either mere Qualifications OF t4is'nS !" W. IN
lhS a. ~, 10 already the practice. Inc ChahSts ~
!hs ocdings In justices courts 40 MOI eniaIsC ~,
noets of arrest but assimate the proeeoy nv
poN., 80 record The chapter on SirlOgatcs pOCVtu
tnSs has been approved, even by 0ppohehts ol ot ~
parts Of The newCode As to the dreaded s ~
acient time has elapsed to prove by acllca nv
that the fear that great expense ana uc H 6ov
imsSInery The thirteen chapters nave now petn iioo
% n,, on ms i'm actual operation; their provisions
Slsta the everyday business Of practising attorneys
,nSs of the questions which arise upon them are oi her
character that controversy tDeIeuon mus , T T ~
,1od AZ epecal Term, at Chambers or at lrla letln
either without notice or upon not more lhan edSu NY
notice. This new Code, at the very % fewer
cntroyerted questions of practice, than w0uid nac
been presented in the tune by the O IOde a ~!
thirty wears of judicial construction ana legis"'o
amendment .,,o,, ,or tho rencol of
As 10 the Governors recommendation Tor the [epe,l ~
,be thirteen chapters already passed, MI 1nIooP %
M course the Governor mas not gwen any ga ~,
,honcht 10 The consequences OF arepeal, or ueNSe d
,ss to nreyent tneiD from becoming, as they MO"u p
IRIS ADVICE was followed, very disastrous ILs lhTeo
aToneous idea tnat upon repeal OF TIE new NoC ,0
ia Code could be made take its place, l. Ddseu uV
the suppostlOn that the former Is mere suDs1tv
nv ampfcaion OF the latter; whereas IL Is ~ run
csvsi6n Of ali the statutes of the state fegmins W
snbiects TO which il relates, of which the Su G0
is Snly one and but small proportion on INC in
Tbe thirteen chapters Of the now Code, winch coma
dGf sections supeTsede 1,SOl secuohs' y! a. H.
1900 Contained In Bauks's sixth edition OL Which t
oIG C66e supplies less than 800" lie lneA PouS Uu
bat nnder lie new Code new rights nave ilstn, 49,
son-ndes as follows: The thirteen Cn% %Pronf
pSnEot be repealed by this Legislature, MlsH xor
Sadinr 10 consequences ruinous that even Ie 80
Tersei language OF the veto message would not y. &
eTonriste t0 describe tncm because thcTe is ~ IN
snorI hefOre the close Of the session, 10 pursue to
sefe 1nethod of repeal This Code was lrepalS Ia
reat labor so as to slide in and take the pace oi '
hhne vitbout lar or disturbance Of any klhd p. %'
made IN STAY in not to slide out! us 10 De
he nrocess by which il enacted hust NC S .,
Tally repeated that i, an adequate suDslue MI be
must be made ready to take its place Wheh u s"i ~
removed"