The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-02-29
ALBANY, Feb. ~, 1913.

ALBANY, Feb II, ls4s.
The Report of the Legal COmmisssioners--A Re-
capitalization Of several Of its Principles and
Positions-Mr. Clay &c. SC.
On Tuesday next, the Board of" Commission
ers on Practice and Pleadings'' will submit
their first report to the Legislature. When we
shall have fully experienced the benefits and
blessings which ] am strongly persuaded will
result from the projected revolution in our sys-
tenn of dispensing justice among our fellow citi-
Gems who have occasion to resort to her tribunal,
indebted for this important reform 1t is a
scheme which at its inception was condemned
by our most distinguished legal gentlemen, as
unsound and utterly impractcable. Our ablest
lawyers have, whenever their opinions h ave
been solicited denounced il in terms of reproba-
ton; they have listened to the recital of the
several propositions of the legal commissioners
with chilling disdaln and they have not hesi-
tated to ridcue the contemplated reformation
as unwise and untenabe in all its aspects.
| presume that we may safely entertain the
opinion that the powerful opposition which this
proposed legal reformation has experienced, has
arisen in great degree from the fact that one OF
The leading and most important reforms which
t proposes will rather have tendency to cut
off those prolific sources from which our legal
brethren have hitherto derived such enormous
and princely revenues. The encroachments
which these commissioners have deliberately
determined to make upon system OF Jurispru.
dence that has been the text book OF the world
for a thousand years, render It.one OF the most
extraordinary and important projects OF the nine
teenth century; but the influence and impor-
lance OF this reformatOry movement Will not be
fully seen until it is actually substituted tor the
ancient uses and abuses under which we now
live. The author and originator OF this great
reform, who Is young citizen OF New YORK,
has given new impulse to the age
eneTpe-
tic commissioners will submit TO the LeQlsla-
ture, will consist OF a simple act, which with
their notes, will make about two hundred and
lfty octave pages. This act Will be entitled - An
act to simplify and abridge the practice, pro-
ceedlngs, and pleadings of the courts OF this
State" 1t may be regarded as part of :. code
of procedure" which the commissioners design
to submit the whole of which will consist OF
tour parts. The act, after the title above noticed,
proceeds as follows-
81 Whereas it Is expedient that the present forms
OF sSd ing ,t;.aon b.twssn legal snd
equitable remedies should longer continue-and Tn
uniform course Of proceedings In Az cases shona Dc
establish ed therefore, the people OF the state OF new
York represented in senate and assembly, do enact a.
follows land here occurs statement Of the subjects
treated OF in the several sections Of the rst part OF the
sct, precisely as follows:
Section I. Division Of remedies
Q Definition OF an action.
3 Definition of special proceeding
4. Division of actions into civil and criminal
Definition Of a criminal action
" Definition of civil action
T. Civil and criminal remedies not merged in
s Subjects embraced in this act.
Part two OF this act, or "code OF procedure,
begins az follows:-
OF CIVIL ACTIONS
land here follows alton Of the matters treat
Of in the titles Of the second part as follows
Title !. or the form of civil actions
g J or the time Of commencing civil lions
" ,. o. the parties.
Ofthe place of trial
" OF the manner of commencing civil actions
" 8. or the plsadpgs.
I" Z. OF provisional remedies.
" 8. Ofthe trial and judgment.
" Q. OF the execution Of the judgment.
" 10 Ofthe costs.
{" IL. OF the miscellaneous proceedings.
TITLE Tor THE FORM or CIVIL ACTIONS
IL. The distinction between actions at law and suit
equity, and the forms Of all such actions and SUITS
heretofore exting abohed and there shall be In
State hereafter but form of action for the
orcement Of private rights snd the redress OF private
wrongs, which shsl be denomnated CIV, sr'i s
81 In such action the party complaing shall De known
the plaintiff and the adverse party as the deenuant
20 Ajudsment recovered in any court OF tsi, state
shall sot be tbs subject of action between the same
parties In the of this state but the remedy or ~
enforcement shall be limited to proceedings In the sun
In which 1t was recovered or
ia the cases where the power now exists 20 oraer
eigned issue when question Of fact not put ia issue
by the pleadngs Is to bs tried by jury en order io
the trial bs made stating distinctly and plainly th
question Of aot to b. tried and shall be the only autho
iity necessary for the trial thereof 800
Inc foregoing sections, as you VIII see, are VI
| the highest Importance. Another section oil par
Two provides that parties to a question In dine
| renee which might be the subject OF civil ac
| tlon, may, without action, submit the case lC
any court having Jurisdiction, ana the cour
| shall determine the case, and render Judgmen
thereon, as If an action were depending. An
other section OF this part provides that no persos
| offered as witness shall be excluded by reason
| of his interest in the event of the action.
Without further reference to the act, IL may
| be said that the present report proposes y
| 90 so far simply TO effect the entire apoIi
| ton of the forms OF action at common law
and uniform course Of proceeding, whether Q