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TO THE LEGISLATURE OF THE STATE OF NEW-YORK.
The Commissioners on Practice and Pleadings, beg leave to pre sent their first report.
The general duties imposed upon the Commissioners, are declared by the twenty-fourth section of the sixth article of the Constitution, which requires the Legislature, at its first session after the adoption of the Constitution, to“ 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, and to report thereon to the Legislature, subject to their adoption and modification from time to time.”
In the act which was thereupon passed, creating the commission, the duties of the Commissioners are more explicity defined; the eighth section declaring that they shall “ provide for the abolition of the present forms of actions and pleadings in cases at common law; for a uniform course of proceeding in all cases, whether of legal or equitable cognizance, and for the abandonment of all Latin and other foreign tongues, so far as the same shall by them be deemed practicable, and nf any form or proceeding not necessary to ascertain or preserve the rights of the parties.”