New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-09-02
upon which large percentage of the passengers
Americans and Irish to spite John Bull"
THE NEW CODE IN OPERA17

FEW DELAYS CAUSED IN THE POLICE CouRTs-T1IE
PROVISION IN RESPECT TO BAIL WAIVED FOR
THE PREsENT-ExTREME CONSTRUCTION OF
CERTAIN SECTIONS.
Comparatively few delays were caused in
getting the new Code OF Criminal Procedure into opera
ton in the police courts yesterday The statute had
been pretty thoroughly studied by the justices and the
clerks; the blanks had been prepared, and the OFF,
had been instructed to any changes that
necessary in the performance of their duties. There
FORE while of the provisions that consd-
cred faulty pointed cut and commented upon the
general course of business iE these courts speedily
completed without embarrassment. Much additional
work Is ut first OF course required of the clerks and
some OF the Justices that additional clerical
force Will be required The section that received
severe criticism from the magistrates the di-
recng notice of two days to be given to the District
Attorney before bail is received for prisoner, with
discretion the part Of the justice to shorten the time
to few hours This requirement, it is argued is wise
one in many cases, where the crime charged serious
but in the of persons charged with petty offences it
will wonk great annoyance and perhaps undeserved dis
grace III such person Is taken before the court in the
morning it may he possible for the committing magis-
rae to inform the DistricAttorney in time to allow
bail to be taken in the afternoon But if the arrest is
made in the evening viii be for the prisoner
to be locked up night An effort is being made to
effect arrangement with the Distrct-Attorney by
which the Justices shall be enabled to allow bail to be
given in petty without long notice to the District
Attorney Then the next session of the Legislature
eral oiIefs tGat arc being gradually discovered '
Assistant DistricAttorney Phelps took the RESPONSE
blity yesterday, in the absence OF DisrictAt
Rollins OF sending notice to the police justices that this
provision OF the Code would be waived for the present
He said he thought that Mr. Rollins his would
approvo this action. He thought that in petty
such requirement would not only work injustice to
cnsed PERSONS but would also entail UNNECESSARY work
oil the District Attorney.
"A number OF Interesting QUESTION: as to the relative
Jurisdiction OF the Courts of Special Sessions and
of General Sessions in this city have arisen
already under the Code and will have to be settled
by the Supreme Court. The clerks OF the Justices
Coris took the extreme view of the meaning of sections
BOB and 205 yesterday. They considered that these
sections only provided that prisoner II he elected
so to do, coud have secret examination before the
magistrate and have the dispositions kept from the pub
nc; hut some OF the clerks took the position that
they were forbidden to give information to newspa-
per reporters to the dongs Of the courts the par
tculars OF charges made against prisoners. These
tons under their mdest INTERPRETATION have
vigorously condemned by lawyers judges and laynen
but so extreme construction these clerks made Of
their duties under them had been suggested.