New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-06-14
OF INTEREST TO LAWYERS.
ENACTMENTS OF TILE LAST SESSION OF THE
LEGISLATURE
UNUSUAL AMOUNT OF LEGISLATION THAT Az
FEoTS THE LEGAL FRATERNITY LAWS
EXPLAINED By MEMBER OF

JUDICIARY COMMITTEE.
Albany. June l3 (speclaD.-The chairman Of one Of
the Assembly Committees on the Judiciary. speaking
In regard "a legislation that Is Of particular interest,"
TO the legal fraternity said that much larger mum
Der Of bills Of this sort were introduced during the
session tnn been the average for many years
past. lie said
"The most important legislation of this sort was
the enactment of several more of the bills from LAC
statutory Revision Commission. There were heiri'
twenty of them altogether Amendments were 'nSAe
the general railroad law 10 the gsnera 'orpo'""oh
law. to the stock corporation law and to the pushes
corporation law The laws from the commas on
were these Constructing the general statutes, reans
70 the boundaries and the sovereignty OF 'he e''''
relating 10 Indians. codiying the election laws re"s
to public offices. relating 10 legls alton relating % eh
ecutive officers relating TO silt springs rciaune 10
municipal corporations. relating TO COUNTIES reiauns
10 hanks relating 10 Insurance compan c' AM amend
Ing the Penal Code generally. An appropriation OF
$4,000 was made 10 continue the work OF the COM
mission. outside OF the commission The Legislature
codifed the game laws and the dentistry laws. An
ether movement in the direction was made by Il
reapproprlation and extending the term OF once OF
the Commissioners for the Promotion of Uniformity OF
Legislation In the United States"
"Wbat was done In regard to what might lie caied
the machinery OF the cOurts9'
a very important law passed amending Ger
tain sections of the Code of Civil PROCEDURE as to
administrator of all the funds paid Into any court Il
record and his powers are also enlarged in regard u
designating the repositories Of such funds. The Jus
tces OF the Supreme Court in the WITH District may
fix the salaries OF stenO.raphers at not to exceed
ST. 200 per annum. But the Governor vetoed a III
providing that the Surrogate of each county, except
Ncw.York and Kings. may appoint and at pleasure
remove "A stenographer from his conrt who shall re-
ceive reasonable perdem compensation I'm every case
in which he takes notes of testimony and also com
pcnsa,ion for transcripts OF testimony IN iohghano
the amount In each to be determined ny the sur
rogate, such compensation TO he pald by the CouhN
Treasurer and a transcript of such notes in lonslhnd
10 be made and filed forthwith in the once OF the
surrogate and any person shall be entitled to make
copy thereof"
"wcre the jury laws amended
"secton go OF the Code OF Civil Procedure was
amended so that the issues TO trial by jury must
be moro distinctly and plainly stated: and secuoh
2e97, so that the Justice may direct constable 10
draw from an increased number OF tnlesuen.
GIVES anv change made in regard To n0taries
publica"
THE only change was In taking the sckno"ieos
ment Of deeds and other instruments by persons IT,
siding out of the state Of New-fork The amend
ment provides that such acknowledgment Shall
be valid unless the officer taking the same shall know
or have satisfactory evidence that the person making
such acknow g1nent the individual described IN
and who executed the said deed or instrument AT
tempts were made 10 legalize the Official ac's OF
notaries performed between March 80 and October
l. 1884; also to allow County Clerk TO receive nall
CT a notsry's fee, and requiring him TO furnish
notice OF the appointment without an addition8i fee
but these failed together with bill confirming all
official acts Of notaries even II they had filed no
certificate from County Clerk
"what was done IN the way Of amending the sew
eral coolest
"No LEGISLATURE of recent years. has had so many
bills seeking to amend the codes. There must nave
been nearly 300 Of them. and only the most I'm
porant OF them can be considered. In regard 10 the
Code OF Civil Procedure, the following laws were
passed Providing that the surety or sureties or the
representatives Of any surety or suretcs upon inc
bond Of any trustee, committee guardian, assignee
receiver or executor may present pctf'loh 70 the
court or Judge that appointed him. or that approvca
or accepted such bond praying to be relieved from
further liability surety or surcties for the acts OF
omissions of the trustee committee, gnardian' as
sgnee receiver or executor occurring after the dae
of the order relieving surety surcteS ana that te
principal on the bond be required to show cause
vhy he should not give suretes, and that
thereupon the court Judge must issue tho order
10 show cause accordingly and may restrain such
trustee committee, guardian, assignee, receiver a.
executor from acting except to preserve The trust
estate until further order; amending the section re-
latinc to lis pendens 50 that In judgment creditors
action the court may, at any stage OF the pro
ment creditor to be affected thereby, direct That
notice OF the pedency thereof cancelled upon pay.
ment into court Of the amount OF the Judgment OF
judgments sought to he enforced In such actoh'
together with accrued interest and snch SUN N add
ton thereto as the court may deem Sufficient 10 cover
interest likely to accrue during the tendency u
the action and costs allowing judgments for
the prevention OF waste or injury to property to
be obtained against corporations; emitting the
party to whom costs awarded in an action the
right TO Include stenOgraphers fees for minutes Of
testimony before court iudge br referee, copies o
opinions and charges Of judges; providing that any
receiver assignee. guardian trustee. committee. ex
ecut0r or administrator. required by law to give
bond rs SUCH nav include as part Of his lawful eX
penses such reasonable sum. not exceeding one per
cent per annum upon the amount Of such bond paid
his suretes thereon. such court or Judge allows
The chief amendments to the Code of Civil Procedure
that failed were these: Declaring that the supreme
Court has jurisdiction Of action for an injury u
real property situated In another state or country
where process In the action is served personally within
this State this apply 70 causes Of action which have
heretofore accrued providing that an action against
q municipal corporation fof salary or wages must be
brought within one year, but this shall not affect any
action, cause Of action proceeding pending giving
the court or judge the power 10 continue injunction
upon and during the pendency Of appeal providing
that judgment other than a Judgment for u sum Of
money may be questioned and avoided and the validity
or effect thereof may he mpeached for want OF
Jurisdiction or for fraud coluson In obtaining the
same IN any action special proceeding in any court
Of record declaring that cnse Of action for mis-
feasance non-feasance sounding IN tort, shall not
be deemed have abated by Of The death Of the
party against whom such cause OF action accrued :
compelling referees appointed to sell real property
where there arc infant parties TO the action entitled to
any Of the proceeds Of the real estate and in all other
cases. when any other interest TO the action. entitled
10 any Of the proceeds from the sale OF the real
property Judgment which is lien thereon, 10 give
sufficient surety IN the action approved by The court
declaring that execution cltnV be issued In an
action OF tort against the person Of defendant not
specifically found by the judgment to have been
personally guilty OF the tort, providing that the
peope 81 the state may be made party defendant