Year: 1872




tions-Clogging the Wheels OF Justice


Petition OF the Bar to tho Common


Council.


The Marine Court in this city, held In the old
old brown stone building abu.ting both the park
grounds and Chambers street, is at the present
time, and beyond all comparison, the popular trt-
bunal OF the citizens OF this metropolis 1t essen
TALLY the judicial requirement OF the times Beyond
all other judicial tribunals Of the city and county 1t
has grown In Importance and extended Its juris
dictlon with the growth and population OF the CITY,
Established in 1880, and "run" by one Judge, Its
Jurisdiction extended only to suits for the recovery
Of $25; this increased to $5o In ls47 the uris
diction Of the Court increased to $l0O In 1852
to $3.50; In 1858 to $780, and by the law OF 1870
to $1,000. A few years from Its establish
ment an additional judge was added; but
az the demand for extended Jurisdiction went on
increasing another Judge was added, making the
Court consist Of three judges. The Legislature Of
1870 however, recognizing the Importance of this
Court, and the necessity 1t had become to the citi.
zens and to the legal profession some Of the most
eminent OF which practice therein, and who would
oftener be seen practising there but for its out OF
the way location, and its far more Objectionable
miserable accOmmOdati0ns-the Legislature OF 1870
passed an act extending the Jurisdiction OF the
Court to $1,000; and In view OF the enormous
amount of business created thereby, gave three ad.
ditional judges to 1t. The Legislature OF 1872. act
OF May TO- took still more comprehensive estimate
OF the value OF this Court, not only to the bust
ness community from whom the great bulk OF the
practice OF the Court comes, and the members or the
bar at large but to the higher courts OF the city and
county, and declared that the Marine Court shall be
vested with all the powers and jurisdiction con-
ferred upon courts Of record, making the practice
under the code on all questions Of It's !urisdcton, o.,
applicable to this Court. Under this new law all
judgments OF the Court are enforced under the
same rules and practices followed In tho higher
courts of record. The Jurisdiction OF the Court
now Includes in TACT ali actions on contracts YER
bal under seal; actions for damages for injuries
to rights or persons TO real and personal property
actions ON bonds and undertakings, and, II the
bond be taken In Court, the amount for recovery
Is unlimited actions on judgments; confessions OF
in the exchange OF real or personal property !;
actions for libel, SANDER, false imprisonment,
malicious prosecution, criminal converse a
closures OF mechanics liens, on onicial bonds
OF the Marshal for the taking and detaining
tons established under or by the laws Of the State
Under the new practice Of the Court summonses
are made returnabe at the residence OF defendants
six days from the date of service Where plaintiffs
are nOn-resdents summOnses are made returnaDle
in two days. The result Of the latter practice ia,
of prompt action on the part OF the Court ana the
officials connected with 1t, and that ON amount OF
business is thus disposed of which, In these days OF
halting justice, Is truly WOnderfu.


l-~ TRANSFER CASES


from the other Cou Is are frequent to the Judges
OF the Marine Court and entail very large amount
OF extra work. The jurisdiction Of the Court from
which any cause Is transferred follows the cause
into the Marine Court and except upon appeal
judgment is conclusive.


THE ACCOMMODATIONS FOR THE COURT


for transacting business judicay or officially are
on very diminuendO scale from the work done
and to be done. What served three judges as to
rooms for holding court-parts one and two and
chambers-must now suffice for SIX judges, noid,
ing, they propose to do, four parts for the trial
OF Jury and non jury causes, and special term and
chambers. TO enable them to do this and to work
the machinery Of the Court to the eii'
greatly enlarged accommodation must be AFFORDED
them by the city authorities. During the last win.
ter not one of the judges escaped Sickness brought
on by exposure on the bench; nor was this all-the
lawyers themselves let their hang over month
after month In preference to endangering their own
Court. Independent OF any action that may be
taken by the judges to secure accommodation for
the holding Of the several parts OF the Marine
Court, the lawyers practising befojc them nave Pc
titioned the Common Council In the premises. A
committee Of the Board OF Aldermen visited the
court rooms and offices q few days ago, and
they fully recognized the pressing want OF
the accommodation sought for, ana declared
that the Common Council would gladly concur
in resolution authorizing the transfer OF the
in the CITY Hall, but they feared that Comptroller
Green would not pay the cost OF fitting up and re-
mOval. This ought not to be so, and 1t Is to be
hoped that whatever action the Common Council
may take to meet the public want IN this mportant
gladly support it by paying the necessary outlay.
The sooner this is done indeed the better Tor
thousands of ltigants are to-day awaiting that
judicial attention in their suits which, under the
circumstances. the judges cannot give.