The New York herald., 1850-01-05
The Code Of Criminal PA Ocedure.

bors the Com deem not inappropriate to
confederation Of N. subject embraced in this report
II to have supposed by some that the regu
latiop Of the 81 procedure in the civil courts
was alone within the scope OF their duties. rscur
renee to the provision under which they
were appointed furnishes. however an abundant au
49, 10 hi oh;er,ip rhatinstrumsnt declares that IL
shall be duty ot the revise reform
simplify and abridge the rules and practice peadng
forms and Of the courts Of record Of this
state aud report thereon to the Legislature subject
to their adoption sud modification from time to time
The lapgusss Is sSo used in the act under which
they originally sproiuted we'll as In that passsd
at the lsst session. extending the commission The
term &C curts Of Recnrdn clearly embraces the trihu
mails In which Grim well civil justice IL ad-
inistered Used IL is in the constitution term
of description IL comprshepd the Courts Of Oyer and
Terniner and Sessions and the Mayors aud Recerfers
Courts possessing criminal Jurisdiction and plainly i'm
poses upon the Com ns.ionsrs the duty of revising,
siu plypg and shrdgipg the pleadiug and practice
in those courts snd ss necessary consequepc that
Of adapting the proceedings Of other judicial and sd
inierave officers to such reforms in the parctice as
fall literally within their expressly prescribed
powers.
sented at the sesscu the Commissioners took
eon to say that they had weighed with great caution
every view which had suggested itself to their minds,
ss wen In respect 20 principles upon which they
should proceed 20 the details, even the ninutes BY
which those principles. could be successfully carried In
10 srsctiee. IL wa. however with them . matter Of
regret that owing the pressure OF time by OF
The approaching expiration of the commission they
unable to all the subjects which that code
should have insluded ar 10 accompany their report
with such expanstion' might tighten the labors Of
IL
In the code rhch accompanies this report, they
have obvated these difficulties and while they have in
respect departed from the principles OF that for
mery reported they have comprehsnded the subjects
which then omitted and have embodied in the
code now presented ample explanations Of the prn
eli pies spd details which it contains 1t IL so far
the Commissioners have been able to make 1t.
tire body Of crmius procedure, and in their judg.
ment will prove n T. should be adopted, convenient
substitute for the present regulations whether ex,st
irg law by statute in respect to the sub
iects to which IL relates essary in this
port, to make particular reference either t. the po
eples the details embraced in the proposed code
Those will be found explained in the provisions them
selves and in the by which they
brief reference however to the general plan Of the
code, is perhaps net improper.
1t Is divided into psrts; the first OF which
lates 10 courts bsviog original jurisdiction Of criminal
actions: In thi. part sre embraced the same provi-
Eons which included In the code Of civil procesur
respecting the organization and jurisdiction OF the
courts Of original criminal Jurisdiction rhs.
code being deeieps5 among other things to embraces
the functions Of all the Judicial tribunals Of the State
necessarily includes those which relate to the criminal
order to make It u complete guide to crimiusl pro-
eaure. and to dispense With reference
from the TO the other while by the brevty of the
provisions Themselves the code is not venieuty
extended.
TIE second part relates to the prevention Of public
efs subsct which. with but few exceptions, has
cen left unregulst~d by statute and In regard to
which the Commi--i deem system Of practical
regulation OF h- rights and duties OF the private ct
gen as well % Of the public ocer, both convenient
and necessary
The third part relates to judicial proceedings the
removal Of public ocsrs bv impeachment or othsr~ie
In this respect sfo the coda supplies what the CON-
nisioners de~u an important defect in the existing
statutory regulations This part is confined the
moysl of Judicial csrs and their clerks and provides
uniform practice 10 this respect Tor the wan, .t
.zticb great subsrrss-u epts have been experiences
especially In the proceedings for the removal OF justices
Of Inferior courts
nal actions prosecuted oy indictment aud comprehend
the local jurisdicon ct public offences the tms of
con msncing criminal actions the information anu me
proceedings thereon e. the commitment inclusive tine
proceedings after ntmept and before ,udic'm-nt
the iEd,c.D.n.-the procsedioss on the indictment
before trial trial the proce.1-s sfer trial ard
before judgmert-the Judgment aud execution. and
appeals sud embraces also. under tue head OF mi-e-l
lsneous proceedir h-il-eompeling the Attendance
cf witnesses examination Of witnsssrr coaditionaliy
examination OF vitne commission In luirv into
the irtsniiy Of tbs df.ndso before tr or after con
yetion-comprcziing certain public offences by leave
of the 1isss ~ IN. action before after IN
1ctment, for want of peosscuon, or otherwiss r.
Initipg the pnri In certain eases proceeiinxs
against corporation. sbttng sfhdssits-ersoss and
mistakes in pl,adings and Other proceedings disposal
q property stolsn or smo-Msd-and rspneyes c1m-
The lnh part relate. tn proceedings In the polios
courts, which suosiuted In place Of the prescott
courts Of specisl sessions.
The sixth par. r-istes to special proceeding. Of
criminal nature. and embraces coroucrs inqu-sts anl
the duties Il eofonetss,arah warrau.stha outlsvry
f psreons convicted " treason proceedings against
fuaiyes IRON juses proceedings respecting persons
htld to labor " egviss ~ state or territory of the
United States aud escaping into this state proserd
ings respeetipR bastafd, proceedings respecting Va
erants- proceedings respecting dsorderly psrspns-
proceedings respecting masters. aopreDtees aud ser
wants criminal stsiitc. sDd miscslisneoas prosi-
ei0ns.
The seventh part rsla,, co.ts In crmios actions
and In proceedings n "a Binsl nfture
10 these y added az sppeedix, eontainiss n'st
forms 81 indieimtnis IN conforn.ity with the pron
sicns of this code.
From this sbumsr,'l,n - the subject, embr.sst in
the cede N will D. percsived that ~ is 90 extensive
With the wholr q cfininsi practice There M
branch of Judicial procedure. Which, by the com@on
cess0n Of tn pc pi- this State demands ~ ths
bands Of the Lsr isiare a m ore searching aad thp
EcUsh exsninsiicn. or more conpete ana sti.,' isl
refcrm. than the principles spd details Of ninsl
practice Deps ndiax society does for its safety.
the one hand, tn- mrst rgprous enforcsn-n u
the law for ih- pfnventicu Ani of criu.e
aud the other for jut protection 70 thu life snI
liberty 81 the czsn N sui readily n. perceived that the
tack ofadustipE the sa.l.ep cfth- State =. &, .sc
suAte the object ~ bout undue uaies 20 the
cher is one of essy sroompli hmsut ~ VII there
fIe not be srihpisd to sl.- profession OF di
the part of the tom nissoners TO cay. that ~hle
they have approached the performance of this duty
With determiB@'ioo 80 FAR ss they we're able 20 az
tain both thee objects they have st the tins
realised the dslicacy aud dmouy Of the work In hs
dlscharge Il that duy th.y have not been unu sdul
ceeduEs q crinpsl nature should be most thorough
~ protected. ~hils On the other they have
gotten TIA, h. usrsts of public justice should he
unmesning tectnicslities by shch t has been
Sludsd
In th, code the Commissioners have departed from
the rau ~ the execution ~ their duties contained
IN their report II code ~ EVIL procedure la tbat
report they % act dsem 70 necessary 70 90 farh-r
into the dsss ~ the practical steps required In ths
ecnduct of csuss than essential e. the successful
cauyirs ont of the principles shich they propose
TIE russ tfers prsrcribsd mainly designed fof ne
rorernUrnt OF - cyl juriciistoo, embracing
body o. iItsliig rce sud learning ugou shen tne
cen miss ioners fle safe reliance be placed not
merely for faithful execution OF the las bat Tor IN
futslgsnt aud "a cftmiEstnf application ot w. pte
yisiobs 1bey a. sefigu-d also for thst class Of ihs
prosesson whose practice 10 those cOuft- and whose
perisnce q the rues governing legal PROCEDURE ahord
Is the Comms-iouer believe, a Just assurance ths.
rirutsrcss of detail eoud rather tend g. cpufase tbs
TO all them In the application n Principe which
they hope esssd eith su sent el-srn-ss ant
which VI that hope b. veil fuBd.d Os readily snd
hrehcisly redHcsd o. pfacucC Upon that opn irhfe
Ney wiirz to -ls tar 80 the code ~ cth pro.
cedure Is concerned not doubling that when ts pEo
visions Rave become more "a niisr by practo- All ~
defects no.pecusr t1 ttis more than 20 aoy oher hu
nan undertaking shai have been retnedi-d either BY
legislation or b. beItn ildicsi construction it VII
be found TO result n gra benefit to the people and
sti higher degree of moral elevation g. The fsa rr
ssfsioN
In the code Of criminal procedure ho-evcr, mert
detailed syeem a rfguiacnts " tDdispsn sni- in ths
rule. which it prascribee rhcsld found guide 30 ta