New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-01-05

BILL TO BE INTRODUCED IN THE LEGIS-
LATURE NEXT WEEK.
NJ INTEREST TO LAwYERs-TO SEPARATE TIL
CODE INTO PARTs-LAw RELATING

OF INTEREST TO LAwYFRS-TO SEPARATE The
CODE INTO PARTs-LAw RELATING
TO PROCEDURE.
Albany Jan A great deal Of interest is
awakened among lawyers OF the State by the
hill of tho Statutory Revision Commission re-
lating 70 inferior courts. This bill, which VIII
no introduced next week Is one OF series OF
measures into which the Commission contem-
mates dividing the present Code OF Civil Pro-
cedure
The scheme of revision contempates the sep
aration Of the code into parts. one OF which
is intended to relate exclusively to Justices
courts one TO surrogates' courts. another 10
other courts Of record and that part Of the code
not specially relating to procedure is intended
TO be included in the proposed judiciary law.
Relative to the revision Of the sections of the
code embodied in the Justices Courts bill. the
Commission says:
We intend to include in this chapter. so far
as practicable. the whole law relating 10 pro.
cedure in justices courts and have attempted
here a revision and consolidation OF the wnoie
subject
Many provisions relating to justices courts
are now scattered through other parts or the
code and other statutes, and are applicaDle by
reference from specified sections of the chapter
relating to justices courts. or by other refer-
ence from other parts Of the code. and the re-
suit is that II is not always easy Tor Justices
nor for persons practising in their courts, 10 ne
termine their relation and application or various
provisions Of the code not found in the chapter
relating specifically to justices courts
PROPOSED CHANGES IN PRACTICE.
We have not intended to make any radical
changes In the practice. but some changes have
been deemed necessary for the purpose or max
ing harmonious scheme Of procedure. and with
the further purpose of making the practice in
the main conform to that prescribed for the
higher courts
relates 10 the service Of a summons on domestic
railroad express and insurance corporations
and the provision is to the effect that even
II a corporation has designated a person on
whom service may be made such service may
nevertheless be made on certain specified OIL
GERS. agents and employees.
Another change permits n defendant In an
order Of arrest to move TO vacate II on the
papers which II was granted, or on other
proof and the decision may be reviewed on APP
peal from the judgment and the order reversed
even though the judgment be permitted 10
stand.
The subject Of pleading substantially con-
forms to the practice in courts of record.
Another quite important change relates 10
procedure on the voluntary appearance or par
ties without summons. and provision Is mace
for judgment by stipulation. Under this pro-
vision the parties may appear without sum-
mons and the plaintiff may file verified COM
plant In the same cases in which he would be
entitled to serve a verified complaint, with the
summons as the basis OF a judgment by de-
fault. II. on filing such verified complaint, on
the voluntary appearance the defendant files a
stipulation with the justice authorizing judg-
ment fer the amount stated therein Judgment
must be entered accordingly. with costs. IL the
stipulation Is not filed, the proceedings are the
same under the present practice. This pro-
vision for Judgment by stipulation does not in
clude all cases but ia limited to actions on
contract
JURY LAW PRACTICALLY UNCHANGED.
The law relating to juries has been rewritten.
but without substantial change except that on
tho drawing Of jury the discretion Of the JUS
tice to set aside a person drawn. on the ground
that he lives more than three miles from the
place OF trial Is limited, and the justice cannot
act in such a case. except on the consent Of the
parties present a. the drawing.
A change is suggested on the subject OF costs
by providing for a graduated scheme OF attor-
neys fees based on. the amount recovered or
the amount claimed, to be applicable only where
the party appears by registered attorney.
BY another Important change the county
court. on an appeal where new trial is not
had in that court. is authorized to send the case
back for trial before the same an
other justice. and provision Is made for the
adjustment Of costs In such
TRANSFERS TO JUDICIARY CHAPTER
Relative to the judiciary law. the Commission
says
We have transferred to this chapter about five
and about hundred independent statutes, re-
atng directly or indirectly to the same subjects
Some provisions have also been transferred from
the Code OF Criminal Procedure 1t is intended 10
make this chapter applicable generally. 10 all
courts whether OF record or not OF record, and
thus avoid the necessity of repeating provisions
in chapters relating procedure in particular
courts The number OF subjects included In this
chapter, and the Importance OF its provisions
justify the enactment OF general law relating
to the constitution and organization OF courts the
various branches OF the subject OF evidence. the
constitution OF the jury and the methods OF Its
selection. the admission OF attorneys. reporters
stenographers. compensation OF judicial and other
officers rules of courts appointments Of terms and
various iurisdiconal matters. not necessary part
OF procedure The elimination OF these subjects
from the present Code OF Civil Procedure will ford
an opportunity for revision which shall relate
clusivey TO practice.