New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1849-01-17
Prncfire nnd Plradins-.

.
have aid before the senate the following commu8i.
. cation
The Commissioners on Practice sad Plesiings IN
conpiisncs with a resolution Of the senate passed on
the lth OF January requesting the Commissioners
70 INFORM the Senate COW soon and % what extent
they vii b abe 70 make report OF their proceedings
70 re Legislature. and whether more time VII be re-
q1red 20 complete their report respectfully report
That ever since they presented 70 the Leg ss;gre q
the sst session their report Of code OF procedure n
civil sections thew have oeen seGuiousy engaged 10 o..
sestns and preparing provisions designed % complete
tie plan which they had aid out necessary % per
feet and thorough simp1cs0n q the proceedings snd
pleatngs 10 the Courts Of Justice OF THIS STATE. ne
code 81 procedure already adopted By the sture
sss designed by the Commissioners % accomplish the
reforms 10 legal practice coutenp sted 1y the Consutu
ton. only sr IS the time then Afforded % the Com
wssouers enabled them % present the leading princ
pies OF their psn-lesvng - another opportunity the
filing up OF TIE outline there presented snd any I'M
provemenis in is details which time and experience
might suggest
In reportin- the code now In operation the Commits
soners took occasion observe that they other
limit imposed upon them By The Constitution. and ~
the statute comforting their appointment than % make
foil provision Tor every proceeding 10 the Judicial I'll
bunas from the beginning the end Of every contro
versy and that In the performance VI this duty the
Arrangements Of the Courts Of Justice and the dess
nation Of those duties We those Of their otcers
the time 10 which actions must Be commemorative re
spective ale atoms Of the parieshe iria Of disputed
questions of fact snd OF lsv-the summonirg Of Wit
snt the manner Of their eNauinatios inclutng
the question 90 their competency enl the rules OF cvi
d. ncsl-the lig ment T. be reudered-the execution
Of the ilGgmeni-snd appeals, together with the I'M
mense msss Of special pleadngs known % our law en-
oracng prerogstye and remedial writs. arbtrstons'
the proceedings against absent Ascending anu nsot
vent debtors and the practice, pesdings and proceed
ng in criminal ca.es-Were by them regarded as en-
5rsced within the language Of the Constitution.
In this view Of their duties the Commissioners then
announced their design On the execution OF which they
have been ever since OccupiedD 10 prepare code OF
procedure which should comprehend the whole iaw OF
the state concerning remedies IN the course OF Justice
This work-the necessity, magnitude snd difficulty OF
which the Legislature can well sppFe, stes difficulty
much increased by the heavy accumulation OF business
bcqlestned % the new system by the defects and
abuses Of the old BY the dscortsnt constructions o. the
Courts and by the perseyeTing hostility Of large aud
powerful bodies Of men not only 10 the code but % the
constitution of which IL IS the 0sprng-has been with
the Commissioners a constant subject OF confederation
and actve labor and while hey have been aud VIII Dc
wholly unable 10 complete 10 within the time limited BY
their appointment they are enabled % inform the Sc
nate that they will during the present month report,
for the action OF the Legislature, large body OF pro
visions
Among these will be such provisions a. they deem
necessary 20 the successful working Of the code
Of procedure In civil actions already adopted In THIS
branch Of their report, they will cndeag0r 20 supply
deficiencies in portions OF tina, code which have been
indicated by experience. rendered necessary oy IA
dca construction. Its leading features will embrace
more complete adaptation OF the system 20 Justices
the City VI New York By the necessary increase OF the
number OF Judges OF the local Courts OF mat Cy ana
devo. wing upon them portion OF the ACCUMULATION IN
the Supreme COurt-the establishment OF Courts Oh
Cancellation with adequate powers throughout the
state IN compliance with the provision Of the COnsttu
ton-the introduction OF provisions IN respect 10 se
lions concerning lands, formerly embraced IN the &C
tons OF eectment waste and nui-suce-tne dtieffnna
ton of cona citing claims 10 real prOperty-the suost
tuition OF simple proceedings IN place OF the pres
cumbrous aud inconvenent practice respecting pre-
rogativo writs such as habeas corpus maHddmAs prun
biton quo rdrraHfo scc facias 20 repeal letters pa
tent and the ks-snd beneficial and practical system
IN respect 10 the mode OF selecting Jurors Tor all the
Courts of the state.
The Commissioners do no, deem IL Necessary to re
fer in detail 10 the reasons which have In their ludz
ment rendered full revision OF the law IN these re-
spccis indispensable. To one Of them-the arrange
ment OF the Judiciary estsolisnment-ihey WI now
ever make passing alusi0n, - Illustrating the u, ces
sitv for such revision. The Constitution declares that
there shall be Supreme Court having general lars
dcton in law and equity and that the Legislature shsi
have the powers o. alter and reguiNt" the Juns
dicon and proceedings In law ami equity they have
heretofore possessed The judiciary act provides that
the Supreme COur, shall possess the same powers,
and exercise the jurisdiction as was possessed
and exercised by the ste Supreme Court and Court OF
Chancery The powers and jurisdiction OF the late
Supreme Cour, are defined 10 the Revised statutes IN
these words The supreme Court snail possess the
powers and exercise the Jurisdiction, which belonged
10 the Supreme Court Of the Colony of York with
the exceptions limitations and additions created and
imposed by the Constitution and Laws Of this state -
and tha powers and Jurisdiction OF the late Court OF
Chancery are also thus defined In the same statutes
The powers and Jurisdiction OF the Court Of Chancery
are coextensve with the powers and jurisdiction OF
the Court Of Chancery in England with the excep-
lions additions and limitations created and imposed
by the Constitution and Laws OF this state Sucn be
log the present state the law tails head areysion
Of /, indispensable before the code can BE- deem
ed complete.
The Commissioners expect also 20 be able within the
same time TO report full and entire code Of criminal
procedure the provisions OF which are now prepared
and are receiving At their hands the most careful
consideration preparatory to presenting them Tor 'ne
action Of the Legislature.
From this review OF what they originally proposed
10 themselves what they have already done, OF ~nst
ey propose reporting to the Legislature At IT'S present
session and Of wba, must necessarily remain unnnsn
ed the senate will perceive that the time allowed 10
the Commssioner. FOR the full discharge OF their duties
will not De sufficient the entire performance OF me
tack imposed upon them by their appointment IL mas
been the earnest desire OF the Com missonefs 70 the
fu nen OF which they have devoted vast amount OF
labor 10 complete their work within thar time bur the
Importance OF the work the searching Character Of me
reforms they have designed % present. and the care
and caution they have felt called upon 10 exercise IN
every step Of their progress have alone prevented the
contamination Of their purpose
Respectfully submitted 800.
ALBANY Jan 70, 1919. DAVID GRAHAM.