NEW CODE OF PROCEDURE. 287 



entire revision of the code of law and of procedure in 

 the courts of justice of the State. In the amended 

 Constitution of the State of New York, adopted by 

 the electors on the 3d of November 1846, it was 

 provided, (art i. 17,) that &quot; the Legislature, at its first 

 session after the adoption of this Constitution, shall 

 appoint three commissioners, whose duty it shall be to 

 reduce into a written and systematic code the whole 

 body of the law of this State, or so much and such parts 

 thereof as to the said commissioners shall seem practi- 

 ticable and expedient.&quot; And again, in art. vi. 24, 

 &quot; The Legislature, at its first session after the adoption 

 of this Constitution, shall provide for the appointment of 

 three commissioners, whose duty it shall be to revise, 

 reform, simplify, and abridge the rules and practice, 

 pleadings, forms, and proceedings of the courts of record 

 *of this State.&quot; 



In consequence of these provisions of the Constitution, 

 the two sets of commissioners were appointed, and began 

 their labours in 1847. The commissioners on practice 

 and pleadings speedily matured a u code of procedure &quot; 

 in civil cases, containing many alterations, simplifications, 

 and amendments on the ancient practice of the courts. 

 In particular, it did away with the distinction between 

 Courts of Law and Courts of Equity, combining the two 

 jurisdictions, as is the casein the Scotch Court of Session. 

 Much learning and ability were displayed by the Com 

 missioners in this code, and in the notes by which the 

 alterations it recommended were explained and defended. 

 It was adopted at once by both Houses of Legislature, 

 w r ent immediately into operation, and the Commissioners 

 turned their attention with equal energy to the prepara 

 tion of a code of criminal procedure, in which I believe 

 they are still engaged. 



In a work like this, intricate at once and comprehen 

 sive, errors and oversights could not fail to be made, 



