New-York tribune., 1890-08-31
FROM BENCH AND BAR.
GATHERED IN THE COURTS AND AMONG
THE LAWYERS


While ell the weeks of vacation time are dull there
Is peculiar lfeessncsS about the courts in the last
two weeks Of August The corridors Of the Court
House are almost deserted In the Supreme Court
Chambers, Of attorneys and clerks scarcely
Including any Of the prominent lawyers OF the city,
discuss questions of procedure. and In two hours the
calendar Is exhausted The judges at chambers In the
superior and Common Pleas Courts find even less TO
occupy their time. The questions which arise are
usually petty and tho decisions generally memo
randums. The deputies in the clerks Offices read
the newspapers, sitting back in their easy chairs with
their feet upon tho desks until some wandering clerk
asks to an old record files paper. Even the
busy Surrogate absent and the work OF his official
staff is light. The clerks in the sherfs and County
Clerks Clhces follow Charles Lambs method Of max
lns up for arriving late By departing early The floors
and stairs wonderful 10 the eyes Of the visitor who
has seen them only in the busy season. are not
deeply covered with mud or dust. Tie luncs man
retircs from business for a time and the onccent
weighing machine holds its hand motonlcss In an
upright position. finding one who cares cent
TO shake IT, The scrub-womcn come at early hour
perform their customary tasks, and the ianitor's
family roam at pleasure in the twilight through the
halls deserted by the seekers after justice.
A few hours spent in watching q Supreme Court
Justice at the varied work OF summer term in
Chambers will one TO appreciate the need OF
quick decision and a good knowledge Of procedure n
judicial officer. Questions Of small moment occupy
large part Of the days session, but most Of them must
be passed time unless the Judge expects to
be overwhelmed with a multitude OF awaiting
decision. one attorney moves 10 compel the pay
ment Of counsel fees In a divorce case where tho
parties have finally agreed 10 stop di5agrccng an
other seeks to compel adversary, who refuses 10
discuss the settlement Of appeal, to accept
certain corrections in the stenographcr's minutes.
4. nal tbc nf alimOnN
and another to set aside the service of paper ono
lawyer seeks TO secure the removal Of referee and
another desires 10 have one appointed The more I'M
portant motions are adjourned until the principal
LAWYERS interested return from their vacations While
tho call Of the calendar is proceeding OK pare orders
and papers be to before the Justice are Iald
on his desk Each one Is considered for a moment
and signed or handed back for correction. Then a
lawyer addresses the justice on matter not on
the calendar some orders are signed. Lawyers VINO
have left the with their cases apparently deciueo
bv the justice present another view OF the
cnsc and obtain more mphatc opinion The Judge
looks about. one who desires 70 bring any
matter before him and rctires from the bench Inc
VARYING manncrs Of the different Judge, makes tho
work of the lawyers harder the case may
be- Justice Patterson who sat last week In the Su
prcme Court is one OF judges especially liked by
the lawyers.
Judges spend too much time and labor over Trivial
questons should consult the reports OF the English
courts and learn the possibilities OF technical reason
Ing In a volume Of recent criminal reports OF the
Queens Bench Division for Instance, the lndeN snow"
decisions in excise. gambling and license eases anu
seldom IN more serious The 100000 Lorl 'hei
Justice and his associates at $4,000 year discuss
lcarncdly and much at length aS 20 whether an I'M
licensed huckster properly fined rev slllings by
"A pol.ce magistrate Fourteen closely printed pages
are occupied with the judges opinions aS 10 whether
snail tine properly imposed upon me'deal'f
who sold the dead bird within ten days after the day
when the shooting Of that Kind Of bird became nhaW
iul. The forbds such sale. but the judges after
much learned oogtauon decide that the law docs DOT
mean what u .nys. and that the one pound hVe was
Improperly mpoc d because the particular bird that
cnuscd ali m. al cnmmoion was shot In Russia and
wns not entitled 10 the protection which the law throws
around the good I'm glish songsters. few thousand
words suffice give the OF tho learned lusoes
for not enforcing the payment Of a fine by London
pottery manufacturer who tried to obey the law re
curing manufacturers to adopt smoke-consuming ap.
nllarces but who found that his chimney would smoke
OF course. when 80 important question arises as
whether \ woman who marrics a second time after her
dr husband has been abscD for seven years has com
nitted hgany We may expect some agitation among
the hr rhly priced judRc. hut the amount Of discussion
which is necessary before the decision Ii reached Is
really appalling TO the reader.
Holders Of old mortgages should read with the
law which goes into effect this week IN reference %
ding notices with the register or clerk Every mort
eagcc or assignee who holds mortgage Is required
within one year pror 10 the expiration Of twenty
years from 'hc date OF ccoydlng the mortgage or OF
.uhseauent twenty years nls with the clerk
notice that the mortgage Ia still In force The clerk
or register makes a index entry Of the mortgage
with d reference however the old record and also
makcs a memorandum on the margin OF the original
! entry of the filing OF the notice. Persons holding
mOrtga dating hack u 1912 may give the notice
| REQUIRED By the act at any time before January l.
| 1893 The pegaly which may attach for violating
his law will sem to many holders Of mortgages 100
severe The law saws that n the required notice Is
no, given the MORTGAGE is not valid against ppr-
| cha.er who has notice OF ts existence ana VINO
pays the value Of the property twenty years ai'cr INC
mortgage Is due. This assimilation Of the legal IRE
II a mortgage TO that Of Judgment VIII undoubtedly
! be Of benefit " searcher, who fear that some old
! mortgage may DO unearhcd which their Aeon eyes
! .ayc failed 10 discover.
LAWYERS. when convicted Of crime seem to have
more Confidence than other criminals IN tlcIF escape
| from The state Prison penitentlary through tc
technlcalltlos Of the law. Alexander H. Reavcy VINO
WIS convicted several years ago Of dcfauding client
ppead his case 10 the highest court and by receiving
stays Of proceedings remained In the Ionbs for nearly
two years. As the conviction was finally aIhrlrcd nc
was compelled 10 serve the further term Of Two years
and sx months m the pentcntlary ahd so rcmaihod
n prison twice 40 long II he had accepted tue Vcuct
~ the iury AS final. Abraham suydam. the lawyer
who took Reavcys cast to the Court Of Appeals ana
was himself convicted nearly "A year ago of grAhu
larceny In the first degrce IN receiving money on
! contract 10 sell property which he hah no HS"O !"
offer for sale is pursuing similar tactics. lie sue
! crcdod In obtaining several postponcments OF the
uassp of sentence after he had been convicted ana
was finally sentenced last March to hve years mpFiS-
onmcnt in the state Prison. lie has since secured
stay of proceedings and remains In the Tombs while
the appeal Is In progress through the appctI-- ---
=, enc docisop of these courts Is unfavorlblc u,
the time of his Imprisonment will be graIly lonfthened
by his refusal 10 begin at once thc term 10 wcn ne
| ,.as .crtenccd Many convicted men, among whom
! WA, (,cors, H. rell, have much lees falth IN tlle
uroba,llty Of obtaining rovcrsals on appeal Peli IN
listed ON beginning his torn In the State Pris0n SO
thai if the appeals are unsuccessful tic une me hdS
snent i'm prison will count a. part of the poilally