The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-11
THE NEW CIVIL CODE.
David Dudley Field Considers the Pro-
posed Changes PerniciOus.
DEMANDS FOR A COMPLETE REPEAL.
Innovations Introduced which Seriously CON-
plicate the Legal Procedure.

rleu ~ MS residence IN Fark avenue last evening ior
the purpose of obtaining his views of that part of
the Governors Message relating to the Code. The
following interview took place.
"AIr. Field" inquired the writer, shave you seen
what the Governor says in his Message about the
new Code of Civil Procedure?'
"Yes"
'what do you think Of it?"
81 like it very much. The Governor has way Of
expressing strong thoughts in strong words"
what is the objection to the new Code?"
'There many that If were to specify them
all they would fill more than page Of the HERALD
I will give you two three of them. however. In
the first place the work was useless and wasteful
expenditure of public money Under pretence Of
revising the statutes the revsers undertook to re-
model the Code, which undertaking has cost the
State in direct expense more than s25o.oo0 and
the people much more III the expense of their law
suits every part of which expense is sheer waste
because the coders had already completed the Code
and submitted the complete work to the Legislature
long ago 1850 Another reason is that the
work thus presented a rcmodelled Code abounds
in intricate and vexatous details. The thirteen chap
ters now in force are full OF them and the nine
chapters which the Senate committee have just
recommended for passage are most of them so many
steps backward in the path Of REFORM"
MANUFACTURING OPINION.
"Have you seen q circular and postal card just
issued soliciting recommendations of the new Code?
Eyes; they were sent to me to-day. and at the
time received two letters. which 1 will show you,
and of which you may take extracts. Here is one
from lawyer in of the river counties. in which
backed by the unanimous sentiment of the Bar of
the county. The other is from lawyer in central
county, who says:-I interested in the
effort to prevent the adoption Of the
manning nine chapters Of the Code Of Civil
Procedure and to procure the repeal Of
the thirteen chapters in force that
take the liberty OF enclosing to you circular and
postal card which received to-day. 1 assume that
the circular and postal card sent generally to
members Of tho profession throughout the State, and
ii so there is danger that such systematic effort
may show an apparent feeling in favor OF the
Code that does not really exist. These letters" con-
tinued Mr. Field, "are but specimens Of many that
have been received and they show that the assertion
that the profession is in favor of the Code
y the merest pretsnee should be glad to
That however, does not appear to be agreeable to the
persons interested in forcing upon the Code.
the chairman of what is called the Law Re-
form Committee reported that though the committee
had had no meeting. he had written to the mem
from seventeen signfyng that they in favor of
the nine chapters, with proper amendments. and
another member of the association, in order to
get these proper amendments moved that
committee Of the whole Bar Of the State should
report them. such committee consist of two from
each Judicial district to be appointed by the presi
dent of the association. The motion, however,
lost by VOTE IS being for and "a against it, This
does not show any great confidence in the favorable
opinion Of the Bar toward the new Code, nor de-
cided willingness to have them properly amended be-
fore passing. Proper amendments indeedI am
in favor of passing these chapters with proper
amendments, but my amendments would con-
and inserting better ones. You have heard of the
pedler who urged manufacturer of steam engines
to buy sewing machine he was told that at, It was
can make steam engine out OF it with proper
THE LAWYERS DISSATISFIED
'.Do you think there has been any change in the
opinion Of the Bar since last year in reference
IL do not think there has been any change In its
favor. There may be some lawyers who think that
opposition is hopeless in the face of the apparently
determined persistence Of the Senate, but do not
think that spirited Bar will submit to the enact
ment continuance of bad law IL they can prevent
IL, anu .ae~ 9c.on n with anytnlns IKE uhanmty can
yers sent memorials to the Legislature against the
enactment OF the nine chapters and for the repeal of
the thirteen Ii the members OF the Bar in this State
were polled am convinced that great majority
would repudate the whole workat least such is the
information that receive"
You have not given your opinion of the postal
card and circular considered by themselves?"
mo; have too much respect tor some OF the gen.
tlemen whose names appear as approving the resolu
ton contained In the circular to suppose that they
had carefully examined the nine chapters which they
chapters were submitted to the Legislature the
9th inst and the circular is dated the 3D. The book
itself is large volume of more than seven hundred
pages, containing 1861 sections. 1t purports to be
revision oi the bill vetoed at the last session,
and to the objections OF the Governor. and
have made various other changes from the original
bill. Now 1t would be very strange il these gentle
men-s sixty OF them-had all examined this
book before it submitted to the Legislature read
all the sections and considered the many amend
ments. They may have done So however, and IL any
one of them will say that he has will beg his par
6nn IN ma irpv Qc{I ln hnv hat
they can approve what is IN that book. You
would weary OF me If to mention q
hundredth part of tho objections to it.. will
mention only three. One is that the revisers
have underworld to fost back into the practice the
actions Oh electnent anu replevln with more techni.
effects OF this it needs lawyer to tell Let give
you an illustration. IL the client of one OF these
gentlemen happens to have claim to q block OF
ground in this city against who holds it under
forged decd. and the lots forty OF them, all
built upon and occupied tho client must bring suit
for each lot. forty suits In all. under this new
Code, whereas under the completed Code
which the codiiiers prepared. one suit
eide the controversy, there being no disposition
disturb the tenants. but only to overturn the claim
OF their landlord. Another instance to be mentioned
and which shows the necessity of examining this
book with its amendments, IL to be found In section
l,6Ss There were two sections in the bill of last
year, ono being, The action of detenue has been
abolished. and the other The writ of repevfn, the
writ OF withernam, the writ of second deiiverance
and the writ of return have been abol-
shed-' These were laughed at. and SO the COM
mittee have now put In their place section $685.
which reads an foliows:-.AlI common law writs and
all other proceedings in action to achatte
except prescribed ia this have been
This is jumping from the frying pan into the fire.
What before was ridiculous has now become intol
CRADLE II this section should become law no per-
son can recover his goods and chattels by any suit
whichever except according to the provisions OF this
| most technical and hazardous chapter One more
specimen OF this act will suffice Tor to-day. Section
oC3 declares that In addition to the sums specified
In the last three sections the Surrogate upon
ing decree In contested cause may, ia his dis