The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-10-29
NOTES or LEGAL BVENTs.

convention OF the Justcas OF the Appelate
Division OF the Supreme Court was held at
Albany on Tuesday. to consider proposed
amendments to the General Rules Of Practice.
Section 015. OF the Code Of Civil Procedure
was amended by the Legislature OF 1899 so
as TO require that the general rules should pre-
scribe regulations for the examination OF wit
nesses in this State. whose testimony Is to be
taken here for use In litlgatons pending In
other States or in foreign countries. 1t was
necessary that the judges should meet at this
time In order to frame the additional rule thus
required. and this was done by reoastinR Rule
II OF 1896. which merely authorized the court
to direct that an order for the, inspection OF
books and paners might operate as stay OF
proceedings. The amplfed rule provides In
d etail for the procedure in taking the testi-
notice. and directs the manner in which such
Witnesses shall be prosecuted Tor eontempt.
Justice Hardin, OF the Rochester Appellate
Division. and Marcus 4. Hern. the state
Supreme Court Reporter. acted As secretary.
An important change In regard to the time
OF tho service OF notice of motions at special and
trial tarms was resolved upon by the Appellate
Justices Of the Supreme Court. at the conven-
ton to amend the rules OF practice. which met
on Tuesday at the State Capitol. Section $50
Of the Code OF Civil Procedure declares that
where special provision is not otherwise made
by law or by the general rules OF practice. IL
notice OF motion or any other proceeding In
suit before court or Judge Is necessary. 1t
must. II personally served, be served at least
eight days before the time appointed for the
hearing. Heretofore, the power to provide for
a different period OF notice by rule OF prac-
tlce relating to the subject has not been exer-
cised by the Judges in convention: but they
have now determined to require a notice OF
Ave days only. instead Of eight days. where the
same city. This is a wise change, A notice OF
eight days is so generally regarded as 100 ione.
in II" the same locality. that good deal OF labor
Is imposed upon the Judges In signing orders
to shsw cause by WHICH the time Ks, Is sn1p1enedi
applications for such orders.
The Association OF the Bar OF this city has
| unanimously adopted a resolution approving
! the proposed constitutional amsndmen for the
relief OF the Court OF Appeals. which is to be
submitted to the people OF this State at the
| general election this year. This measure em-
! powers the Governor to designate four Su-
preme Court Justices to act as Judges OF the
| Court OF Appeals until the calendar OF that
| tribunal Ia reduced to 200 cases. when these
| temporary m EN- bers OF the court Of last resort
are to return to their work in the Supreme
| Court. 1t may be conceded that tho Court Of
| Appeals requires assistance In order to keep
up with lts WORK. "ithout admitting the WIS.,
dom OF iesseninR 'he nunloet oi oupren'e
| Court Justicss ior tho purpose OF suppUing inc
needed aid The speedy administration Of JUS
| tce is impeded by decreasing the number OF
| Judges available for the trial OF cases in tho
| first instance. quite as much as it is prom ote
| by a temporary increase in the working force
OF the highest Appellate Court No one who is
familiar with the debates Of the Constitutional
pss Waa t can is to
realize that this am endmsnt would have been
pnbc @en The Tact that i is SUPPORTED by
me court c W hppeaIs. nOMeVer, AM Uy tte
auopton anu ho, fmGe.s vii nr0SsbIx We
SELECTED BY the Governor for service on the
! Court OF Appeals bench
-. w ~ -, 49,. oa,,h. 80,
a. 80. Ss,,t..i -, E.oi.o .o,,,ht -
tne s.a'o .'"t s.In 80 y.
ii ~. I.i. 1T. Cn,,n
! ' ~ =, ,, 49, 80 :
| ",I,i. - n.,I -. 20
| rLI", go. aE0 t..t oa,t =, ThirJ .vanu.
| n,., -, i,o,.S +. ,.hoi,a, ,ha onn,i
,Ion 49, w., oarroro,ion had ,orf.Itsd ia
e SsNn,a 80 rrI,;,aea. undsr tbe cartiecsts nv
anIi,n 80 si,ss.. ~ h.sr NOT at the n,rticu,s
,S.an a.siana,sd Int IN ano,hsr mart ~ ths
80 -. th.or. =, ,ha nros.,vtior h.,ro ,h,,
I'D ! ha all Of int i
such aee.t'ne"'e permi''eu 'ne 'n'e VI ih'oAi-
cants only at one locality within the enclosure.
The Appellate Division O, the Supreme Court
,a;s,tad thi. ,h.orv =. rnr.,son,bIo NJ
reIec'ou 'mIs theo'' do uiit e" q, ~
Justice Cullen pointed out that IL a restaurant
were restricted to the service Of liquors at the
/ ho.o,Ir M ,-ir. oo,,Id h ..ryad 70 n ,ra.,
Dar ohiy. no vino cou,a pe Seryea 10 d Eu Tn
WIN nv iheal ~ stphIa III h II nIH' n1 ~,
nsni. Rrisn tb,t IN sin es. ~ trafict IN
In liquors in a park or public pleasure ground
comprehend not only the right to sell at q
wsiters 70 H. nstrons ~ he pnhc nIoea Wbers
the bar il located" This is a common sense
Interpretation OF the law.
rLo e,., -, AZ. ;,,u-u. l., .,o Nav
-. 80. ,'. ',rrniso - - 49, ~
~ p.tar,a ~ - sane5o,t th.t ~,
800. ~ 80 c., -, -. - dao,di., a.
W Wv 80. " 49,, ~
-, "a' ''.Ai $3.50" 49, ,,.i,,
-, ah..sot.n -, ~. .a.,.d ouino 80,
,,N WV 49,. 49, -,
DOoh'' was iS"so' s"''s" VIZ '''' o"NeS' ~