New-York tribune., 1895-12-22
FOR THE CODE RETISION.
RECOMMENDATIONS BY THE COMMISSION.
TEGRITY AND PROVIDE AN ELASTIC
scIEME EROcEDL-RE.


SCHEME OF PROCEDURE.
The Commissioners Of Code Revision appointed by
the Governor to examine the code OF procedure of
this and other States and TO report to the Lesis-
lature in what respect the NewYork Code can be
revised, condensed and simplhed. have made their
report. 1t is dated Albany. December II, and is
signed by Charles 4. Lincoln. William II. Johnson
and A. Judd Northrup. Commissioners. After CIV
ing a historical review. they make the following
recommendations
With view Of attempting the preparation OF a
code Of civil procedure which VIII embrace an me
code OF civil Procedure" and embracing all the
dcton OF courts the functions and fees OF otfcers
OF courts, and OF procedure in all actions ana spe
the code several subjects and statutes which are
now ndependent bun watch clearly embrace mat
ters OF practice. such code cannot be condensed
into few sections. 1t must necessarily be some
what extended. because it will embrace large
body of law. But avoid the Inconvenience result
ing from an attempt 10 embrace in one act all pro-
cedure tAnk it will be feasible to divide the code
into parts. each to be Independent OF the others:
the sections in each 10 be separately numbered and
each part TO contain separate INDEX; ana there
should also be general index Of the whole code
BY the separation Of the code INTO parts in the man
ner indicated, different subjects may De separately
treated and each part may De sep%rately Papn5ns1 @
ton 10 particular brances OF practice VIII nave tne
rules relating thereto in book by itself. ard thus
avoid the loss OF time and annoyance caused by an
examination OF numerous eXtraneous ana ihue-
pendent matters which would be required II all the
have an appropriate title be referred to readily
in amendatory statutes. in briefs and opinions,
and no confusion need result from sucn separation
BY THIS arrangement the code be published as
a whole with a general index. or II may be pub
sired Fox a general classification we suggest that
Part contain me provsons reathg gd, 10 tne Or 1,
dS ibe conrs the salute Of limitations and other
subsidiary matters relating to courts, but not form
ing 4 part of general practice. This part may em-
6rsee q ara & q 69 9 hspar 5sssn fSae % res ana
iatng Inc mode OF selecting drawing and procuring
the attendance OF trial jurors In ordinary cases;
general provisions relating to, and the sums al
lowed as fees contained in Titles and OF Chap-
ton contained in Ttie Of Chapter p, and numer-
Gus provisions properly embraced IN ths Glassca si
statutes
Except Title OF Chaper lO); Title Y OF Chapte:
L: regulating suppiementary proeeednss' GhaPfer
several subjects now included in independent stat
part should probably embrace Chapters "A, Is, 16
II Except Tide ~; Sections 32i to 52i6. inclusive;
Chapter %. relating TO proceedings for the con-
meat ana distribution OF portions OF the chapter
other parts OF the code. and also certain subjects
certain actions by Tn, State insolvent debtors. in
cludng general assignments; proceedings TO dis
charge mortgages Of record. liens on vessels me
OF infants real estate. liens OF railroad employees
proceedings In the Board OF Claims, procedure re
actions and proceedings not now included In the
code.
Part should embrace Chapter IS relating to prac
tice In SurrOgates courts. and we think IL snould
also inc.ude most Of the substantive law OF Wits,
execution and revocation. and the capacity 10 make
a Wild. and also all OF the aw relating 10 the set
tlement Of estates. including the descent and dis
ributon OF personal property. While this classlcd-
ton Will require the statement OF substantive Jaw
in this part Of the CODE think such arrange
ment suggest will be found convenient in
practice In framing laws consistency must some
times yield to convenience, and We think that
Surrogates code should embrace all the law and
practice incident questions involved in the settle
ment OF estates. that active practitioners. well
others who have occasion to consult this branch
OF the law will not need 10 consult any other stat
ute either for substantive law procedure.
Part should include Chapters 10 and 20 OF the
present code, and some other similar provisions
In general statutes, so As to form justices court
code and 1t should he entirely Independent OF other
parts o. the code that IL WI. be complete
scheme OF procedure in the lower courts.
We think that this proposed division and arrange
ment will preserve the integrity of the code and
the time provide ample and sufficiently
elastic scheme of procedure, distributed that
parts not necessarily related can be used indepen
denty OF the others.
TO what extent actual revision should be under
taken viii be subject OF consideration after sat
isfactory arrangement and classification COM
pleted We think that proceedings In various forms
OF action, well special proceedings should be
harmonlzed and made as neary uniform practi-
cable. and that this result be accomplished
without seriously disturbing the general rules OF
practice now in force.
As already suggested. II is not practicable at this
time to enter into detail to various lines Of re-
vision which will be feasible upon the basis of the
proposed rearrangement. We hope to he able TO
submit our revision to the Legislature of 1897