The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-01-16

took occasion to observe that they othor
unit imposed upon them by the constitution, and by
make full provision every in the judicial
tribunals from the the end of every con-
troverry and thst IN the performance Of this duty,
the arrangements OF the courts of Justice and the
designations Of those duties we'll as those Of their
oficsrs-ths time In which actions must be- commenced
tho respective allegations Of the parssthe trial az
disputed questions OF fact and Of Law the summonius
Of witpesses. and the manner Of their examin alton
QDcluding the question Of their competency and the
rules of evide nce)the judgment to be rendered-the
execution Of the Judgment and appeals, together
on1 .ne OF & to
erbitratons the proceedings against sbse mt abscond
ing and insolvent debtors and the practice psadngs
and proceedings in criminal csses-wsre by them
tuition
In this view of their duties the Commissioners then
announced their design, I'm the execution Of which
they have been since ocouped) to prepare code
Of procedure which should comprehend the whole law
of the State concerning remedies in the courts Of JUS
tice. This work-the necessity, magnitude, and dim
entity OF which the Legislature can we'll appreciate
difficulty much increased by the heavy accumulation Of
business beqneahed to the system by tho defects
and abuses Of the old, by the dscordant construc.
ions Of the courts, and BY the perssvsrog hostility Of
but to tho constitution Of which the ospring has
been with the Commissioners Q constant subject Of
been and will be wholly unable to complete 1t within
the time limited by their appointment they are enabled
body Of provisions. Among these will be such provi
sions as they deem necessary to insure the successful
working Of the code Of procedure In civil actions al
ready adopted In this branch of their report, they
will endesvcr to supply deficiencies in portions Of that
code which have been by experienced rem
dered necessary by judicial construction Its leading
features will embrace complete adaptation of the
judicial force in the city Of New York BY the nsosssa
~ increase of the number judges Of the local courts
Of that city, and dsvolvng upon them portion Of the
ment Of courts Of Cancellation with adequate powers
throughout the State In with tho provision
OF the constitution-the introduction Of provisions
in respect to actions concerning lands formerly en-
brsced in tho actions Of ejectmsnt waste, and nut
sance the determination Of conflicting claims to real
property-the substitution Of more simple proceed
ings In place Of the present cumbreus and inoonve-
n'ent practice respecting prerogatve writs such
acia repeal letters patent and the
beneficial and practical system in respect to the
The commissioners do not deem it necessary to re-
fer, in DETAIL to the which have in their judy
ment, rendered full revision Of tho law, In these
spects, Indispensable. To ono Of them the arrange
ment Of the judiciary establshment-they will, how.
ever make . passing aiusien, a. illustrating the
eisrss that there shall be . suprsms Court, hsv-
ing general Jurisdiction In law and equity, and
1.s"sts At hs
toiors possessed Juaiesry act provides that tho
exercise the same jurisdiction" possessed and
exercised BY the late Supreme Court, and Court Of
Supreme Court defined in the Revised Statutes in
these words :"The Supreme Court shall possass the
powers, and exercise tho jurisdiction, which belonged
to the Supreme Court Of the colony of New York with
the exceptions limitations and additions created and
imposed by the constitution and laws of this Stated
and the powers and jurisdiction of the late Court Of
Chancery also thus defined in the statutes
"The powers and jurisdiction Of the Court Of Chan.
Gerry ooextensive 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" Such
being the present State Of the law this head,
vision Of indispensable before the code be
deemed complete.
The Commissioners expect also to be able within the
time to report full and entire code Of criminal
procedure, the provisions Of which prepared,
and are receiving, at their hands, tho most careful
consideration preparatory to presenting them for the
action of the Legislature.
From this review of what they originally proposed
to Of what they have already DONE Of what
they propose reporting to the Legislature ct Its
session. and of what must necessarily remain unfnish
co. the Senate will perceive that the time allowed to
the for the full discharge of their duties
will not be sufficient for the entire performance Of the
task imposed upon them by their appointment 1t has
been the earnest desire Of the Commssio to the
fuHlment Of which they have devoted vast Of
labor complete their work within that time; but the
importance of the work. the searching character Of the
reforms they have designed to present. and the
and caution they have felt called upon to exercise In
every step Of their progress have alone prevented the
contamination Of their purpose.
Respectfully submitted,
ASPHAXED LOOMS,
ALBANY, Jan. 10, 1s4o. DAVID GRAHAM.