New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-06-26
THE CODES AS AMENDED.
CHANGES MADE BY THE LAST LEGISLATURE

THE CONSOLIDATION oT-JURoRs-APrEALs-
NorARlEs-CHANGEs IN CIVIL AND
CRIMINAL PROCEDURE
.u,x limo o5 (speciaI.-Thc general run OF bills
A.. $50 through the judiciary Committees OF the
LEGISLATURE Is Of little interest to the average r'er
INT ills year the bills were not "ny important, 'hes
.r. decidedly interesting especially To the CITY OF
vsu York some OF the bills. however, went TO the
committees Oh Cities because they were amendments
a. ,,. consolidation Act. and they must form part
:, summary Of what the Legislature did that was OF
.,.ost N the legal fraternity. The Consolidation
a., ,,os amended in the following particulars: Pro-
x,e,pr an Assistant Corporation Counsel Tor the
.nn.yed District allowing the Assistant Corporation
1uns 10 act as counsel providing for the reasonable
c,nn.nsatiop o. justices Of the supreme Court from
o.hor districts who hold court IN the first district
~couI,inr a fee Of ~ from each person appointed
ormssioner OF deeds for the city and county OF New
y,,k These amendments failed to pass Aholishng
the ONCE OF Corporation Attorney and transferring
the duties to the Corporation Counsel; providing
that legal notices shall be published In The Cl'y
Record only: making ira the Judgment OF 'he
Court OF Special sessions relative TO convictions 81
s..sorderly persons forbiddiag police justices 10
act otherwise than In an official capacity; providing
that except on Sundays and legal holidays. there
shall be daily sessions Of the District Courts from ~
a. m. til the calendar Is disposed of: reducing the
number OF police justices from fifteen to eight ana
making their salaries $1,000 wear instead CT $1,000
A law was passed providing for indexing, re-
indexng and compiling OF taxes. assessments
and water rents In the Finance Department. ana
couycyanccs mortgages and other Instruments In Ia
Office Of the Register and County Clerk Dill allow
ing eighteen deputy shcrfs failed to pass. The Sur
rcgate OF NewYork County Is allowed 70 appoint two
or mere terms Of his court to be held at one um'.
A Judge OF the Court Of Common Pleas In the Guy
and NJ
from final order IN default Of the payment OF rent
TIE CODE Of CIVIL PROCEDURE.
In regard TO jurors. the code amended. Sec
ton sO4 so that they must be drawn not more than
twenty before the opening OF the court, ana III
the presence OF the Judge and the Sheriff or his dep
uty. In Erie County notice OF the drawing must
be- published at least six days beforehand The
names Of thirty-six trial jurors shall be drawn An
effort was made to allow a bcremptory challenge Of
six ON each side I'm courts OF record and three In
courts Of record The attempt 10 strike out the
limitation OF Jurors to male citizens did not succeed
neither did the exemptions Of EDITORS editorial writers
reporters and honorably discharged soldiers and sail
or; OF the late war.
As 10 evidence the code WAS amended. Section $40,
SO as TO admit the testimony OF attorney who was
n witness to o will. and OF a physician or surgeon
who attended patient In hospital. II the patient
sues for damages account OF personal injury. sec
ton $50 was amended so that the testimony OF any
witness who has died, become Insane after former
trial may he read upon subsequent trial subject to
legal objections. A bill failed providing that. In
section 800. when a person IS incompetent TO tes-
tfy the husband wife OF such person shall also be
incompetent. section 3.347 was amended as to the
application OF various portions Of the Code. section
csC9 amended to the jurisdiction OF Justices
IN towns adjoining cities. as 10 prevent resident
OF city, after being sued. from going into an adjon
ing town to defend. An amendment TO section ~.
that In
Court and Court Of Oyer and Termner. may he held
IN two or more parts whenever In the opinion or the
Justice. business 10 he done shall require H. In
Section 223 + provided that the justice In the Cen
eral Term who has served the greatest length OF time
shall preside In the absence OF the presiding justice
A bill authorizing. in secion sSo the taking OF eN
dence by commission In special proceedings failed to
pass
number Of important amendments were MAJ" 10
the Code OF Civil Procedure In regard TO appeals the
following chief: Section 1910. providing that
landlords in suits with tenants sha have no right
In eject until the appeal has been passed upon ;
eection 1.340 providing for appeals to the General
Term from nterlocutory judgments entered upon the
report OF n referee: Sections 2934. 3o63. 1908 and
3 O65. allowing more prompt appeals from justices
cour.s IN Kings County. The Governor vetoed amend
men,s TO Sections 992 995. 09s and o07. relating to
exceptions and appeal. allowing an exception
TO be- taken TO any remark or comment Of presiding
Judge during trial. and providing for review there
Of APPEAL.
Tie Code Of Civil Procedure still further
amenid by adding. Title xiii, Proceedings 10 com
pei the delivery Of books to public oic"r. An
amendment made to proceedings 10 change III"
name Of individual or corporation sections
234s, 2351. 1856. 1856 and 1888 were amended
as to releases and nchOate right OF dover. In Sec
lions 1859 and 2.354 II is provided that any trust
company authorized to act general guardian Of the
estate Of an infant without giving bond may be ap-
l0in'ed special guardian without bond section
$3.50 amended that the petition for sal" OF
an undivided interest Of infant or incompetent per
son must state the value OF tn property Of which
the sale Is asked. The petition OF guardian for a
judicial settlement OF his account section 234o must
pay that the securities in his official bond, or their
legal representatives may be cited 10 attend the set
tlcmen,. Section 1852. relative to the distribution
~ unclaimed moneys In partition sales. was amended
so as include the next Of kin and all other persons
interested, and 10 exempt the state TREASURER from
liability under certain conditions. In section 2,'2o
an executor administrator may ask for settle
nent Of his where year has elapsed since
itters were issued TO him. or where notice requiring
Gains and vouchers TO BE- exhibited TO him has been
Published according 10 law. The amendment to sec
ton 2.7D3 provides that any person having right
OF tenancy by courtesy IN the surplus may elect TO
take a gross sum IN satisfaction of such right IN
fection 1855 II Is provided That The allowance by the
executor or administrator Of claim shall DE- deemed
establishment thereof. unless objection Is made by
u party TO the special proceedings.
The supreme Court reporter, sections 2f9 and 80,
Is allowed TO report all cases that he deems OF s'i-
Gent Importance and be may publish advance sheets
ut not 20 exceed 30 cents volume. In section 80,
stcnogrphcrs shall not alter their notes OF judicial
remarks and comments. OF exceptions without tho
consent Of the parties who made them Several
attacks mnde npon Section 30, relating TO "x-
animation for admission u the bar III was pro-
posed 10 establish a state Commission OF Examiners
that. tl.f hoG laan n
the Legislature for sessions shall Dc admitted
10 the bar, on motion. without examination section
5s was amended 50 as TO cxcmp; from the stated
lcrOd OF clerkshlp graduates OF the law school Oh
the University Of Buffalo and the New-forh la"
School. II they produce their diplomas
CRIMINAL CODE CHANGES.