THE CIVIL CODE.
The Senate resumed the consideration of the bill [S. 171], concerning procedure in civil cases, the Clerk reading as on yesterday only such sections are proposedto be amended by the Committee on Revision in its report.
Mr. URMSTON moved to amend Section 328 relating to a jury view, by striking out the words "with the consentof all parties." He cited instances in which these words would be productive of mischief.
Mr. VIEHE favored the amendment.
Mr. HENRY opposed the amendment, thinking the section, as in the bill, proposes a proper and just amendment to the present law.
Mr. TRAYLOR referred to cases where the amendment would work hardship. He hoped it would not be adopted.
Mr. URMSTON considered the Senator last upon the floor did not have justice given to the case he described. The party that has committed the trespass will always object, and it is better to leave it with the Court to decide, as has been the custom for many years. Observation will teach more in five minutes than three hours of testimony.
The amendment was agreed to--yeas, 30; nays, 10.
