New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1879-01-09

Of a summons by publication. go ne to include
where the defendant is unknown his residence
not be ascertained sections J49 and 800 RESTING 10
orders OF arrest, 40 az 70 provide that where the
pla0'ih procures order Of arrest in an a.
ton contract. UPON the ground fraud n contract;
ing debt the fraud shall be deemed psr ~ the cause
Of action and the plaintiff cannot recover unless lie
proves II, the object OF this amendment being To pi an
END tO the practice OF trying the question Of frand upon
AFFIDAVIT motion yacate Jhe order 90 arrest section
20. TO allow defendant who inierpCsrs coun-
ter-caim and demands thcreupon sfiirmatv. JUDI
meut against the plaintiff, 10 have order OF arrest
injunction or attachment against the plaintiff section
II, To add 10 the enumeration OF the ul-td"e-'
etc. for which judgment all not De questioned Tie
omission OF referee 10 take OATH the object OF THIS
amendment being remove doubts which nave arisen
a. to the validity o: judgments under the provisions
Of section 1OlG requiring referee TO take an oath;
S3l. a. TO allow a husband or wife 10 De
witness for or against each ether except tnat IN an
action for criminal conversation the plaintiffs WIG J.
not a competent witness for the plaintiff although she
a competent for the defendant sections -
$50, various additional provisions regulating the
examination o. with and parties be ore trial sec
Joa 49,, 50 u allow party testimony 70 be taken
in b own behalf under commission section 1oll, So
as 10 allow a new referee TO be appointed wherr rev
trial Is granted in action formerly tried before
referee, tn referee named IN -iipu auon re-
fuses serve; section O3l, to remove an Oh
security upon which question has arisen respecting
appeals from decisions upon demurrer-; aud section
l.2i4. so a. to restrc, the provision requiring
sAcrifs or referees deed 20 name only the parry
whose interest Is sold 10 cases where that party
s particularly specified in The Judgment Inc
other bill, Quilted " An act suppItmrh I" NE IN
OF CIVIL Procedure consists OF the nine chapters Di
Vuiru ps--.u hot Houses AZ the end Of the session u
l-77, and wnrcl IL" Governor allowed On Die bV r. u,
20 ape AIS signature AID wlch passed az I'D
Is AID wa. vetoed ny tlc Governor. These am
,D,er- have been subjected by the committee M
d cent U g.
~ notes La. be,n aided showing which rClous are
new aud rrrerr NJ To the statutes from which those
vhIe. are Not new taken. The accompanF'h-
report he committee covers seventeen priuted pace
ana ses forth VT. Er a. mInutene,I thgH pr"'ee"-
Amendment. They stae tuat they hav" not Only
considered the GOV rIor- veto mc>-t-c. but ais"
he pamphlets tttacuus me bill published by Mcs-rs
David Dudley Fled and 4. p -pra-ur, 'ni tnai I'D
iect-d 10 30 various documents, they believe tut
all rs material faults nave been detected aud dScua,"
They con-dcr detail each OF the eight Secltc o.lrc
tou, c.-s,- %. ObIrcuoLa, OrOu-Lt AKA Let t1e VA
h' re EoNeIu"Flh us Nri' ur-'aEe' a. -, 3'
lions have removed hy the anendu' nl- ~ me M
except OF MINOR importance, win respect 80 "icu
Tie comm Tee tuhk hdi lLe 9i9fclloHa w. ,
upon WI-lutorw alton. Upon the very important SUD
10 which the Governor TOOK very strenuous ob"c
against The bal at the last -e-.Iou the n ua- Oet
upon allow ancc- tcie - fees ETC., A. Those pro-
visions are applicable not only 10 rouIt- ." or1.hi'
ur~4ctiOu hui 10 ~uIUEtrs c0ur,.fh,y viii pre-
ven, e t a., w., 49, ~ 80, Gs ~, a.. n,
the Vanderbilt ana stewart cases.
The committee have a.,o added new title To- CHAPTER
2lu the b, fixing the sums allowed asier- t' officer H
civil proceedings. IIry SLATE tIat the statute no" ia
force are very uncertain and obscure, many az them
having remained Unchanged since the revision ui I-j-,
ANA tuc OF lib thar Pr r. 10 t4l~
otscurly and uncertainty the .4w, nat he practice
making excessive charges hy public officers, com
plants o.! which now so rlic may De ttd'td
and Thar remedy for such excessive charges can br
cffrcjual t the is made pam, IS The committee
urOrO-e 10 make this Bill. Iur committee have
also amended bill 50 a. 20 allow Gabcas corpus ~
bring mp person 10 testify who j. confined under sen
truc for felony. IL dong they have surrounded the
issuing of writ win guards against the abuse or the
poWt the want OF which furnished the reason Tor the
Governors veto OF hl OH the subject when
passed both Houses ~ Ac last session. by the terms oi
;Lc resolution under which tul- committee wa- az
DOL'rd THESE bills take their place tur calendar
Of genera. orders they were tyoraDiy reported tE
Out >. lie standing committees,