New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-07-05
OF INTEREST TO LAWYERS.
/ CHANGES IN COURTS AND PROCEDURE
MADE BY THE LAST LEGISLATURE.
A MEMBER OF THE JUDICIARY COMMITTEE EX-
PLANNING WHAT WAS ACCoMPLsHED-THB
COMMITTEE TO REVISE THE STATUTES
AT WORK WITHOUT AN
q APPROPRIATIONS.


q APPROPRIATIONS.
Albany July "A member Of the Legislature VINO
has served on the judiciary Committee OF his House
for many years. speaking OF the new laws oil interest 70
lawyers, said
4Tne recent Legislature passed an important amend
mont % section G7 Of the Code Of Civil Procedure In
relation 10 the suspension OF attorneys This PROVIDED
thst an attorney counsellor who is guilty OF any
deceit malpractice, crime or misdemeanor' OF VINO
is guilty Of fraud deceit in proceedings oy WHICH
he was admitted to practice as an attorney or couh
scllor Of the courts Of record Of this state may DC
SUSPENDED from practice, or removed from once, Dy
| tbe sunreme Court at General Term thereof An
unsuccessful attempt was made TO amend Section 90
Of the Code by requiring applicant for admission
10 the bar 10 be resident OF the judicial department
for six months before his admission; and to snow by
affidavit his residence and occupation Tor one year
This would have prevented notorious characters oil
New-Yorb and other cities from entering departments
when they were not known and imposing upon the
courts II would also put stop to the present abuse
whereby man can 90 to Brooklyn over night, claim
his residence there receive diploma and come back 10
Ncw-York with it, Another futile attempt was maze
IN amend this section that could be admitted
to the barr
"Was anything done relating to the Court OF
Appcalsl'
THE pIan devised by the Constitutional Commission
for improvements in the lower courts did not pass
but a concurrent resolution has been filed with the
Secretary Of state making the number Of judges
in the Court Of Appeals fifteen. The next Legs
lature must pass this before 1t reaches popular vote
We're the lower courts affected by any OF the
new lcgislatiOn?'
"Thc code of criminal procedure was amended so
that the judges of the Court Of General Sessions in
the city and county of Ncw-YorI1 now called
Justices The Legislatures of 1883 and 1889 passed
n constitutional amendment increasing the number OF
Justices OF the supreme Court, but it was drawn so
incorrectly that il gave the voters In the lst ana
I'D Judicial districts the power to elect the justices
in the other districts. An attempt 10 correct this
failed this year. Two bills Of great importance failed.
The first declared that the supreme Court has jurls-
dctlOn Of IN action for the recovery OF damages lot
n respass on, an injury 10, real estate situated
I'm another state or country in all cases where the
defendant any one Of the defendants against Whom
A separate judgment be entered resides or Is
personally served with summons within this state.
The second provided that action or special pro
cecdng shall be placed preferred cause upon the
calendar of any Circuit Court any special term OF
any court in cases where the right to preference
depends upon facts which do not appear in the plead
inCs or other papers upon which the cause Is TO be
tried or heard"
"What was done In regard TO proceedings before the
courtsl"
Poor persons in nearly every case, with
ont giving security for costs. sections 755 and 757
Of the Code OF Civil Procedure were amended so
that special proceeding, after June l, 1891, may
survive Section Al amended so that tho court
may in its discretion, where the parties to an action
file a stipulation that the same be tried mt place
within the county where said action IS triahe, other
than the court house. adjourn the term to such place
for the trial OF said action. Section 1926 was
amended so as to require additional security for costs
and section ,335 to make more strict require
mcnts for the qualification Of surctes. very inn
portant amendment made restricting a physician
as a witness. This provides that a physician or
surgeon shall not any trial or examination, except
when he may be a subscribing witness 70 last will
and testament disclose any knowledge or information
as 10 the mental or physc condition Of such patient
which he acquired while attending such patient profes-
sionay and at the time Of such trial examination.
but at no other time, such patient may waive the
provisions of section s3f of the Code of Civil Pro
ccdure but if such patient be then dead such waiver
can only be made by the personal representatives
of the deceased section Sal of the Code of Civil
Procedure has beer amended relating to presumption
death Of unknown heirs in actions Of PARTITION also
section J52 relating TO the distribution Of unclaimed
moneys from sales Of real property I'm actions OF
partition; also sections 1929 and 1897 relative to the
appointment Of a committee of an incompetent person,
50 as to provide explicitly for the notice and the
executor or administrator Of deceased executor,
administrator guardian or testamentary trustee may
voluntarily account for of the trust property which
to his possession, and upon his petiun such
successor or surviving executor administrator
guardian or other necessary party shall be cited and
required To attend such settlement; also Section
2,615. relative to persons who must be cited upon
petition for the probate of will. The time has been
reduced from three years 10 year where in actions
TO compel the determination Of a claim to real prop
ery person has been in possession Of such property
and the part of the code applying TO testamentary
guardians has been amended that guardian APP
pointed by will or by deed may present to the sur
rogae's court written petition duly verified. praying
for a judicial settlement OF his account and a dis
charge from his duties and liabilities in any
where a petition for judicial settlement of his &C
count may be presented by any other person as
prescribed. An amendment made to Section 3d. of
Article l. of Title =, Of Chapter l. Of Part p OF the
Revised Statutes, relating 10 infants estates. Another
amendment made to section s. Of Title 4. of
Chapter T. of Part . Of the Revised Statutes relating
to personal estates Of infants"
"Wcre any amendments made TO the jury laws ?"
"An amendment TO section 1,176 of the Code OF
Civil Procedure passed providing that until the
trial Of issue Of fact Joined in a civil action In
court of record each party may peremp)ry challenge
no. than four and in n court not of record each
party may peremptorily challenge not than
two Of the persons drawn as jurors for the trial.
Another amendment to section 071, relating TO order
for trial By jury. directs all issues questions to be
Of ,tinctly and plainly stated. Sections 1.131, JAG.
LA, LIS and 1850, relating to Commissioner OF
Jurors. give that officer more power and Section
go relating to order for trial by jury. requires the
order to be more explicit
Was any change made in the law relating to
stcnogaphsrsl"
a law was passed allowing stcnoGraphers in the
SurrOyates' courts OF NcwYor and Kings Counties to
charge fee Of 10 cents folio for copy Of testimony
required be made In any proceeding for the records
Of the surrogatc's Court
Are any more OF the old Session laws TO be re-
prlntedl"
1.-THE laws from 1777 20 1902 have been reprinted.
The Legislature Of this year appropriated $4,000 to
rpubsh. verbatim, preserving the original spelling
and punctuation the Session laws of this state from
1902 10 1914 both inclusive. The republication is O
be I'm octavO VOLUMES Of not less than 600