The Commissioners have thus laid before the Legislature all that they have been able to prepare within the time fixed by the act under which they were appointed. They have submitted those parts of a general and complete code of procedure, which relate to actions civil and criminal, and to prerogative writs, with some provisions respecting the organization of the courts. There still remain, as the Legislature will perceive, other parts necessary to be written, before the code can be completed. These are, the jurisdiction of the courts, proceedings in surrogates' courts, the functions and duties of judicial officers, including sheriffs, coroners, referees and clerks, the discharge of insolvent and imprisoned debtors, the enforcement of liens, and the law of evidence. Before the code can be put into the hands of the people, in that completed state, in which they have a right to expect it, these parts must be written, and the whole code then arranged in one volume, with a convenient mode of notation, and of reference from one part to another. That being done, the commissioners confidently believe, that the people will not be disappointed in their expectation of receiving a real, complete and lasting reform in legal procedure. All which is respectfully submitted. ARPHAXED LOOMIS, DAVID DUDLEY FIELD. Albany, January 30, 1849. [THIRD REP.] 2 AN ACT Further to simplify and abridge the Practice, Pleadings and Proceedings of the Courts of this State, and facilitate the determination of existing suits. The People of the State of New-York, represented in Senate aad Assembly, do enact as follows: GENERAL PROVISIONS. § 1. This act is divided into four parts. The first two correspond with the two parts of the Code of Procedure, and relate to the same subjects. The third relates to special proceedings. The fourth to jurors. § 2. The subsequent sections of this act are to be deemed hereafter part of that code, and construed in connection with the crresponding portions thereof, where such corresponding portions exist. PART I. OF THE COURTS OF JUSTICE AND THEIR JURIS DICTION. TITLE II. Of the court of appeals. V. Of the superior court of the city of New-York, and the court of com mon pleas for the city and county of New-York. VIII. Of the special judge in the city of New-York. IX. Of tribunals of conciliation.. TITLE II. Of the court of appeals. § 3. The books belonging to the state, contained in the libraries of the late supreme court and court of chancery, shall be subject to the order of the court of appeals, and may be distributed in such manner, from time to time, for the use of that court, as the court shall direct; the expense of which shall be paid out of the treasury of the state.. § 4. If at a term of the court of appeals, proper and convenient rooms, both for the consultation of the judges and the holding of the court, with furniture, attendants, fuel, lights and stationery, suitable and suf ficient for the transaction of its business, be not provided for it, in the place where by law the court may be held, the court may order the sheriff of the county to make such provision, and the expense incurred by him in carrying the order into effect, shall be a county charge. TITLE V. Of the superior court of the city of New-York, and the courts of common pleas for the city and county of New-York. 5. The superior court of the city of New-York shall, from the first day of May, 1849, consist of six justi ces. 1 § 6. Three justices of such superior court, in addition to the justices now holding office, shall be elected by the electors of the city and county of New-York, at the annual charter election to be held in that city, on the second Tuesday of April next. § 7. Such justices shall be voted for, together on one ballot, which shall be distinct from any other ballot at the same election, and deposited in a separate box, marked "Superior Court." The votes shall be canvassed and certified in the same manner as votes for the recorder of the city of New-York, and a certificate thereof shall be filed with the secretary of state. § 8. The justices so elected shall, immediately after the votes are canvassed, be classified by lot, to be pub |