The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-10-16

simple principles Of practice to be
laid down in the statute.
II provides that thereafter the
Judges of the courts shall make and
amend the practice rules. and that
the Legislature shall keep its hands
off the practice act. except that. at
intervals of not less than five years.
the Legislature may appoint a COM
mission to consider and report what
changes, IL any. should be made in
the law and rules governing civil pro-
cedure. 1t requires the Legislature
to act upon the report Of any such
commission by n single bill. and the
Legislature is prohibited from other
wise or at any other time enact
ing any law prescribing, regulating
or changing the civil procedure In
the Court Of Appeals. Supreme Court
or county courts. unless the Judges
or Justices empowered to make and
amend the civil practice rules shall
certify that in their opinion such leg
islation IL necessary.
The civil practice act reported by
the Board Of Statutory Consolidation
contains seventy-one sections. TIE
court rules reported with II are 4O0
in number. The commission which
framed this report consisted OF the
Hon. A. J. Rodenbeck and Messrs.
John G. Milburn. Adelbert Moot.
Charles A. Collin and. until his death,
the late Judge Hornblower. A mere
recital OF these names and a refer
ence to the admirable work they did
in the preparation OF the Consolidated
Laws affords a presumption that their
report should be adopted.
The prohibition against annual
amendment by the Legislature vii
protect their work from the fate which
has befallen the Consolidated Laws,
now so encrusted over with amend
ments that the original is scarcely
recognizable. Cn,ess the revised Con-
stitution be adopted the work OF the
commission will have been In vain.
for the meddlesome Interference OF
subsequent Legislatures a be pre-
vented only by means of constitutional
prohibition.
Provision IL also made in the new
judiciary article for the appointment
BY the Appellate Division In the First
and Second Judicial departments OF
Supreme Court Commissioners. who
must be members Of the bar Of not
less than ten years standing. and who
shall devote all Of their time TO the
duties OF their office, receiving a COM
~pensation to be fixed by the court with
the approval OF the Board OF Estimate
and Apportionment. These commits
sioners are. first. TO determine the
compensation to be paid whenever
private property is taken for a public
use in the judicial department or dis
trict for which they are appointed, ex-
cept when such compensation is made
by the State. Secondly, they may act
as referees whenever issues are prop
erly referred to them for determina-
ton or report. and thirdly. they shall
perform such other or further duties
as may be devolved upon them by
special order or rule OF court. by the
Appellate Division or by the civil prac-
tice rules.
A great abuse Exist In the method
by which the value OF real estate
taken for the public use IL now ascer
tanned. At the present time about 22o
commissions are engaged in fixing
the value OF real estate which has
been taken by the city Of New York
Tor some public rurp- So. These Com
missions are usually composed Of
three persons. They hold weekly.
sometimes bi-weekly. sessions, seldom
Of more than three hours duration.
Under existing statutes the title to the
property taken vests IN the city before
the proceedings to fix It's value are
begun. and in many cases property
owners are subjected 10 great hardship
in being deprived Of their property and
! all income from it until the slow tedi-
Gus and expensive process OF deter
mining values before a commission Is
completed, always requiring months.
and sometimes years. before the final
award is made.
An act passed n the last session OF
| the Legislature in recognition Of this
| hardship authorizes the Board OF Esti-
mate and Apportionment Of the city
| Of New York to cause not exceeding
| sixty per cent. of the amount estimated
| BY the city's experts as damages in
| Cured by the taking Of property "a
be paid to the owner in advance of
| the final award and on account
thereof. This is, however, wholly OPP
| tional with the city authorities.
An amendment to the Bill OF
Rights embodied In the revised Con-
stitution provides that whore pro-
ceedings for the condemnation of pri-
vatcly owned real estate for pubIf
use are instituted by a civil division
OF the State compensation therefor
must be paid before possession of the
property is taken from the owner, un-
less the Supreme Court after hearing
because OF pubic necessity, shall
otherwise direct. The exercise OF
such discretion by the court, OF
course, may be conditioned upon the
city making a substantial payment on
account 10 the property owner before
he is deprived OF the possession OF his
condemned property.
The proposed amendment further
pl Divides that the compensation to he
paid when private property Is taken
for a public use, except when taker
by the State, NAV be a~scertained, In
the First or Second JUDICIAL depart
ments, by one or more supreme Cour'
| commissioners. These commission
ers. having no other occupation thar
To discharge the duties of their office
can sit continuously as n court woulo
do and ascertain and make an award
for the property in "A very mucf
shorter time than under the present
system and at much less expense.
The provision that they may also
discharge such duties as shall be de-
| yolyed upon them by rule OF court OF