f "It is to be feared that the constitutional provisions relative to the judiciary will not permit it to be expanded to meet the public wants... Something must be done for the public relief." Marcy. 1836. A. J. 59:10 Changes in the judiciary and in judicial procedure recommended by the commissioners appointed for the purpose. Marcy. 1838. A. J. 61:8-9 g Faults in the judicial system and changes suggested. 1840. A. J 63:17-18 h i j k m n Р 605 a b Seward. 1839. A. J. 62:16-18 Some progress made, specially in reducing fees in Court of Chancery, but much need of further reform. Seward. 1841. A. J. 64:21-22 "The administration of justice has become more efficient." Seward. 1842. A. J. 65:1001 "I would enlarge the present system so as to meet public wants.". Bouck. 1843. A. J. 66:31 1844. A. J. 67:12-13 Proposed that Constitution be amended to add 3 associate chancellors to the Court of Chancery and 2 justices to Supreme Court. Wright. 1845. A. J. 68:40 Judiciary system is to be reorganized under the new Constitution. Young. 1847. A. J. 70:11-14 1848. A. J. 71:30 "Present operations of the judicial system seem inadequate to the speedy administration of justice." Fish. 1849. A. J. 72:22-23 Judiciary system: amendment of Constitution. Fenton. 1867. A. J. 90:14-16 "In making appropriations for the judiciary a saving could be effected." Odell. 1901. A. J. 124:27-28 Supreme courts Court of Appeals: means to relieve the pressure of business. Fenton. 1865. A. J. 88:16-17 Court of Appeals. "No appeals should be authorized to be taken to the highest court of the state from mere investigations or arbitrations." Hill. 1885. A. J. 108:679-80 608 Judges a "Frequent changes in the judges of the Court of Appeals tend to prevent the dispatch of business with the necessary rapidity and certainty." Morgan. 1860. A. J. 83:36 609 a b Intermediate courts For officers and judges see 647-94. See also 373, Pardons; 855, Court of claims Submitted to Legislature whether additional judge of Supreme Court of Judicature is necessary. Clinton, G: 1789. A. J. 12:36 Judges of county courts or other responsible officers should be given power to appoint road commissioners and inspectors and issue tollgate licenses, with right of appeal from their decision. Tompkins. 1816. A. J. 39:12 "Propriety of placing jurisdiction of courts of sessions, in the counties, on same footing as that of New York." Clinton, D. 1819. A. J. 42:20 d Report on special Circuit Court held in Niagara county, and extra expense thereof. Throop. 1831. A. J. 54:27-28 Repeal recommended of laws allowing judges of county courts to interfere with supervisors in appointment of commissioners of deeds, county treasurers and superintendents of the poor. This has been done with good result. Seward. 1840. A. J. 63:16 Seward. 1841. A. J. 64:22 f "I recommend the subject of improving the Court of Common Pleas and reducing its expenses, for renewed action." g h Bouck. 1844. A. J. 67:13-14 "County courts should have a more extended jurisdiction." Hunt. 1851. A. J. 74:25 "I recommend the creation of an additional judicial district of the Spureme Court." Clark. 1856. A. J. 79:113 j k 645 a Courts of record: revision of rules needed. Hoffman. 1871. A. J. 94:50 "Two Legislatures having duly passed an amendment providing for the election of additional justices of the Supreme Court, it will be the duty of the present Legislature to provide for its submission to the people." Hill. 1891. A. J. 114:16-17 "The new judiciary article requires the Legislature to divide the state into four judicial departments in each of which is to sit a branch of the new Appellate Division of the Supreme Court." Morton. 1895. A. J. 118:19-20 Inferior courts "Statutes for limiting number of magistrates, extending jurisdiction of inferior courts and restraining abuses in practice of law have been attended with salutary effects." Clinton, D. 1819. A. J. 42:20 Recommended that towns be allowed to provide buildings for minor Clinton. D. 1825, A. J. 48:9 b courts. Justices of the peace Complaint as to delay of trials in courts of justices of the peace in As mode of appointing justices has been found faulty, it is recom- 1826. A. J. 49:16 1827. A. J. 50:11 Results. "The jurisdiction of justices' courts has been extended to cover cases not involving over $100... Jurisdiction was originally limited to £5 or $12.50." Seward. 1841. A. J. 64:22 Municipal and police courts "I call the attention of Legislature to a need of the reorganization of the inferior criminal courts of New York city." Morton. 1895. A. J. 118:1586-88 657 a b 659 Court officers Recommended that authority be given to compel testimony of witnesses in case of sheriff, clerk or register removed by Governor. Clinton, D. 1826. A. J. 49:16 Fees. Salaries a 668 a b For fees and salaries of particular court officer see that head Judges Inadequate salaries of chancellor and judges of Supreme Court. As duties of the 5 judges of Supreme Court have for some time been performed by less number, adequate compensation is recommended. Clinton, G: 1802. A. J. 25:6 C Extra compensation for Supreme Court judges in New York city is warranted by increase of business. Tompkins. 1808. A. J. 31:8 d e f g h 669 Recommended that inadequate salaries of Circuit Court judges be increased. Recommended that inadequate salary of chancellor and judges of Supreme Court be increased. Van Buren, 1829. A. J. 52:18 In matter of charges against Judge Inglis of the Court of Common Pleas of New York city, the Governor holds that there are no grounds for his removal. Seward. 1841. A. J. 64:50 "Every incumbent of a seat on the bench of the state should be provided with a commission under the seal of the state." King. 1858. A. J. 81:130 "A continuance of some reasonable portion of the salary of a judge removed for physical disability during the balance of the term for which he was elected should be provided for." Notary public Cornell. 1881. A. J. 104:25 a "It is my opinion that the number should be diminished rather than increased." Cornell. 1880. A. J. 103:800-1 b "I should be glad to approve a bill reducing the number of these officers and providing for their appointment by some local authority. Cleveland. 1883. A. J. 106:724-25 Recommended that in absence of district attorney, court be authorized to appoint substitute and in cases involving life of prisoner, an assistant, to be paid in same way as district attorney. Yates. 1823. A. J. 47:8 b 691 "I suggest that the allowance of fees to district attorneys for successful prosecution of indictments and the suing of forfeited recognizances would tend to strengthen the arm of justice." Fenton. 1866. A. J. 89:19 "The legal expenses could be greatly reduced if the compensation of the attorneys was fixed by statute on a percentage basis rather than left to the discretion of the Comptroller." Sheriff Odell. 1901. A. J. 124:20-21 The armed and disguised men who murdered the sheriff of Columbia county have been arrested by the cooperation of neighboring states, at the Governor's request. Clinton, G: 1792. A. J. 14:6 b Improvements in administration of cívil and criminal justice. Clinton, D. 1820. A. J. 43:14 "Such further legislation should take place as is necessary to provide that civil remedies...should be prosecuted under a general method of procedure." Seymour. 1853. A. J. 76:20 c "I recommend the repeal of the partial code which went into effect on the 1st of September and the reenactment of the code which was in force up to this date to be amended from time to time." d 699 703, 705 Robinson. 1878. A. J. 101:29 New code. "I recommend that you refuse to pass it." Robinson. 1879. A. J. 102:30 Commencement of action Place of action. Jurisdiction Need of amending act relative to trial of causes to amount of £10. Summons. Process Report on the calling out of militia to protect the sheriff of Albany county, in executing process of the Supreme Court in regard to rents of Rensselaerwyck. Seward. 1840. A. J. 63:18-19 717 Evidence. Witnesses See also 246, Perjury "To declare by statute that the testimony of no person without qualification who has witnessed the commission of an offense or is knowing to any circumstance connected therewith shall be received in evidence because he has lodged information of the crime committed is a violent and dangerous presumption." Cornell. 1881. A. J. 104:1928-29 723 a 735 a 738 a 739 749 a Oaths Statute regarding oaths is pleasing to those citizens who have scruples against them. It is hoped that this principle will be maintained. Clinton, D. 1822. A. J. 45:15 Judgments "A law passed requiring judgments designed to affect real estate to be docketed in county where situated. This has relieved alienation of onerous charges and inconvenience." Seward. 1841. A. J. 64:22 Court funds Recommended that sums of money above a certain amount, brought into Court of Chancery or Supreme Court to await issue of suit, shall be deposited in New York or Albany banks, subject to order of court. Jay. 1799. A. J. 22 pt 2:25 Special actions Injunction restrictions suggested: (1) no injunction to be granted ex parte; (2) no injunction to be granted except where injury would be irreparable or when apprehended wrongdoer was insolvent; (3) security be required for payment of damages in case the process be improperly obtained. King. 1858. A. J. 81:129 b "I recommend a law forbidding the granting of injunctions or the appointing of receivers in cases affecting moneyed and other corporations on ex parte applications." Hoffman. 1870. A. J. 93:22 750 770 772 774 a b ADMINISTRATIVE LAW Finance. Public property See also 2237, School finance; 2550, Local finance Domain. Property Public lands See also 2240, School lands Recommended that law for raising troops by bounties of unappropriated lands be revised and small additional money bounty be granted, to secure recruits. Clinton, G: 1781. A. J. 5:5 Survey of waste lands has been completed and grants of those allotted as bounty to troops may be issued. Clinton, G: 1790. A. J. 13, pt 2:3 Product from sale of waste lands is deemed sufficient for govern C ment expenses. Clinton, G: 1792. A. J. 14:6 |