The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-04-13
SUPPLEMENT TO
CODE OF PRO CED u e.
TEMPORARY ACT.

TEMPORARY ACT.
To The Legislature efthe sfofe of Neg York
yhr commissioners practice end pleadines veg leave
harcvith TO rubns The draft Of temporary sot. ds
signed facilitate the despatch OF the busnts wncn y
now psnsirg In the courts OF which may ne commenc-
cd b,e;rs the code az pre- sdure shall go Into effect
In the h-st report which they had the honor to pre-
sen, to the Legislature the commissioners promised to
submit such ac. the code itself having reference
II wa. their intention into the TEMPORARY
act so much of the should TO be sbe
10 pending and It appeared dersbe therefore tn
await tia action Of the Legislature upon the code that
T. might be whst shape IL assumed in its final
ssge II having now passed both houses the annexed
rct Immediately submitted to the consideration Of the
The t-o most proninsut features Of tha former re.
relating tho sboIticn OF the common law
forms OF action and to the union of legal and equts-
Bile remedies IN system.-are. In thir nature
npplicsbls only to future actions and II -rs deemed
beat IN order to the harmony and unity OF the
class of cases; hut by . subsequent to make app
cshl TO existing suits such parts OF 1t NJ would not IN
tefre with the forms Of action and as might DO Deem
ed heusGeisl.
Every lawyer and judge ergsged in the admidis
raiop justice in civil acions after the nrse Day or
with tho pew system The courts will be organised
under It, and there be neither economy nor conve.
canss. and another for the next, when the same ire
equally applicsbls to beth.
The gr,a DELAYS Of Justice Of which the people com
plain exist chiefly in the nrst Judicial district With
The exception Of this district and possibly the rd the
arrears arc not very wing oct Of view the
~. sOmmion:rs hav. reason to Se.v.
that other districts the supreme court has
nearly despstehsd its business They wish 4 gre =.
but they oonstrsined to say that IN the rst dis
trio. tds ae.ys amount almost to denial Of Justice
To adequate idea of the state Of the husiness
there IL only to refer to the returns made
to commissioners by the clerk of the city and county
YORK aoS the s
h. 81 thus shown be added the cases now
pending before the chaucslor and ths former supreme
court which will remain undecided the first day OF
July next and be returned upon the hrst district there
will be- to nothing Of the current litisaon sn az
grega,s of business which the present judicial force
there concentrated would not dispose Of In several
years
Il snd,spensabl. tina. that this ofarrears should
be cleared away both account Of the parties concern
ed In It, to make way for the future business What
may be the causes Of the delays they should be
oos hand moro judge, are necessary, they should be
supplied IT, on the other the present judges are eufh
oent IN number but unequslly distributed, or other
wise unable TO dispose of the busnts the proper
medy ,hculd bs applied.
Among these csuses the commissioners think the
transaction OF the business Of the district This is ow
Ing psry to the neglect Ct the supervisors to provide
being too few courts assigned to IT, special terms and
circuit courts have bssn appointed, which have fallen
through fer want Of suitable rooms Aud there 10 but
general term appointed between now and july and
but two for the rest of the year
great portion Of the litigation Of the State carried
naturally d. TO 1t contracts and relations far
numerous .aEd important then would accrue 10 the
zane snsu.s q population in Other parts q the Ssss
ton should be rather In the ratio Of business The
force actually givsn however fss far short OF this pro-
portion
It ia also known that the courts in the fret district,
for csuse have not bsen enabled to transact
amount Of business proportional 10 that which In
csmpshsd in other districts For this result variety
may DO assigned, into which the commits SION
srs do nat deem It necessary now to enter One how
h~sn I'D n M nd ia fhpQ
that by OF want OF readiness on the part either
Of the parties their counsel prccaed with the trial
withou. having tried sny Of ths causes upon what
termed the day calendars Some OF than are passed for
the day taking thar places upon the n;Ss days cssn
SAN. term, or 70 another term Thus 1t has rot uure-
quepy happened, that for days together TO progress
has been made In placed upon the trial calendar
Out OF this OF facts Of Inconvenience
have arisen frstthe courts havs been obliged for
time to rensn isle end second parties whose causes
were the calendar, have been obliged to wait
the convenience Of the parties in the earlier causes
The csmnissiSners hay: called upsn the s IN
Der of esch days trial calendar Of the circuit
superior court and common pleas In that oty since
ths nber postponed each day for the erm or to
another day Ia the term; and tho number called
and passed, or marked down" on each day. They
have an yet received no rsyy to that CALL except from
the clerk Of the superior COURT whose statement Ia
psxed marked By this, it will bs seen, that by far
the y eater portion the called for trial.
passed either for the dsy for The term II tried at the
terg they take the plaza OF causes Of younger
issue which thus driven of from to term hie
IL court were conssany occupied In the trial Of
and the not ready deprived OF their
priority they would probably bs tried at the fret
the utmost, vt the eocona term Ga each subsequent
TERMS calendar they retain their priority Though call
cd at previous term and passed through the mere ne
TO obysts ,bi. sections le and II arc proposed By
deprvius thus parsed Of their preferences unless
for good the court ohervise isaues
will be speedily disposed Of and tbs courts will be
constantly occupied
BY the 20.h section of the judiciary act of Msy last
re- esrirg the general term is allowed in Of
equitable COG nizsDoe, determined ct special term 1t
appears tho that there should be
CO. ok and discrimination Ia this respect and that
when the proceedings security Ehould be
qared IA IL there Ia what there is IN tact,
appeal rom the decision. This is provided for By
Some meds Of reviewing an order male az special
tern ,houie be provided sections and 10 are prepared
with that view II such provision be not made, great
Injustice VIII sometimes happen
10 shorten the delays and remedy the Inconvenience
thus explained and TO give to the parts Of the State
which most reed it, such portion Of the uaical force
can be- tpsrd ON other paris have been IN pert tie
objects Of The commissioners in the act herewith sub
United. Ga .r
They are aware that his act will Increase the abors
Of che judges but it will BIS temporary only Ia Its sp
pcnon, ana they ace 20 alternative, by which it can
b. avoided short of q denial Of justice.
Ali which Is respectfully submitted,
"a ARpHAXED LOOMS,
DAVID GRAHAM,
DAVID DUDLEY + ED
ALBANY, M,rch 81, Is4s.
An Acs to Facilitate the Dctermiua Ion or
sxIstints Suits IN ,he Courts OF tuIs state.
The Ps0pi Of the sac # N,w foIk, rsprts,nfd in
seaots and 4sstnbiy DO eraci as JJtttws:
Sec J. The set 10 simplify and sbriiso tbs practice,
blessings ont proceedings OF the courts OF ts STATE
passed nc thn present sfsion OF tue Legislature is here
In d, slgnsi-d as the Code OF Procsdure.n
TITLE 1.
pRovIsIoNs RELATING TO COURTS GENERAL
Chap S,cticps of the Code OF Free dure referred
to snd applied to existing suits
H. Other provisions rels,ing 10 existing suits.
CHAPTER /.
Sections af the Cod Of Procedure fired TO and ap-
pied 10 r'siing stts
Sec 2 TEs pro itiops OF the Code OF Procedure
teued in the following sections thereof hereby sP
ped far os the sAmo ere applicable TO future pro-
ceaainfs la civil suits whether AZ law Or n equity
pending whSn that code shal take feet "a folows-
Sections, 05, loi las 10 lbl, both incus We 270 3fl
md 34l proceedings in actions in the supreme court
Ia the county courts la this superior court Of the city
of Now York In tho court Of common pleas for he city