New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1849-01-31

The Legislative Act appointing Commissioners
TO Revise the Practice and Peadings in the Courts
OF the State of New-York provides also that the
commission shall cease on the LIST OF February,
1888 but the Commissioners, finding their work
unfinished, recently requested extension of the time
bill In accordance with this request passed the Sen.
ate brought up In the House and referred to the
judiciary Committee of that branch OF the Legislature
majority OF this Committee of whom Hon. BERNARD
BAoLEY Of Jefferson Co. s Chairman. have presented
able report which appears in the Aib0ny Ereniss
Josnal The Committee of the opinion that the
Convention committed mistake 10 directing the organ.
ixation of two distinct Boards. OF which was to
have charge Of the whole body of the State
with authority to recommend alterations and amend.
menis therein, and another Board to take charge of
part only Of the same body Of laws, with the like
authority reform and simplify IT," The laws them
selves, and the OF giving the laws effect being
90 insepsrsbly connected the Committee contend that
changes either could be introduced wthou, having
. marked influence upon the other. Practically it has
been found that the Commissioners upon the Code
unable to get until they knew what proposed by
the Commissioners on Practice and Plesdings
The Committee farther dissent at much length from
the change already introduced by the Commissioners
on Practice and Plesdings The Report Gays;
Your Committee believe tina, they represent the
tmenu OF the great body Of the people Of this State
mey are confident they do that of vast majority,
amounting almost to unsnimy of those classes OF per
eons who from their previous requirements are most
competent to form an opinion ON the subject when
they cay that very many II not large portion of the
provisions contained In The Code of Procedure are in
expcdient injadieous, crude imperfect unnecessarily
destroying well known and long established rules and
usages OF busness-renderng the practice more tech
n,cal than IL ever wss-introducing confusion and
pcrplexity-snd thus far producing rich harvest OF
litigation 10 those who may engage In II aud OF
course an accumulation Of business that utterly dehes
the utmost capacity Of our very judiciary TO
overcome.
The Report concludes with the following recommen.
dations;
Resolved Thai the bill nom the Senate entitled 40 act 10
continue 10 ONCE The Commissioners Practice and cad
ings, b. indefinitely possponeo.
Rossd Tnsi The Commissioners OF the Code be
Cd select nom the existing code Of
hereafter be reported BY The Comm ssioness on
Prscuce and Peadtngs sueh portion their Judgment
may DO useul, and 10 recommend such aud
altsrs lions and farther appear them
pedien contnng themselves much possible TO gen
ers provison and providing for the formation Of ia es Of
practice and pesdnss by the atges q The preme Coar
or Nv one from each Jaoieia District aud requiring peri
oticsi revision Of sucn rulcs and thai the said Conms
siooers port dsael bills The paris and relating
Revised statutes In the form % amendments vita the
cessay causes repeang specnesy any exsng provision
Inconsistent with the bills 90 reported
Resolved Thai The Commssione OF toe Code be request
ID TO report 20 House whether increase in their
oube necessary enable them 10 comply with the fore
,ils reported by them dafing The present session
eToKer / CORNELL, A u sAILki,
rs SWIFT JOSEPH BoV6hroS