in the community, have been found ready to relieve their associates in crime, by a ready resort to perjury; and the records of our courts are filled with evidence of the fact that it has escaped the scrutiny or eluded the detection of the public officers. To provide an effectual remedy for this enormous abuse, has been regarded by the Commissioners as one of their highest duties; and in the provisions which they submit, (sec. 631-686,) they have faithfully endeavored to accomplish that design. They will not undertake, in the space which remains to them, to review the dedetails of the system they propose. While they have not imposed upon the lesser class of crimes any unnecessary restrictions in respect to bail, they have provided that in all the cities of the state, bail shall not be taken in cases of felony, but upon ample notice to the prosecuting officer, of the names of the bail and their qualifications, wtth a description of the property in respect to which they intend to justify, and a statement of the incumbrances upon it. Upon the justification, it is made the duty of the public officers to examine nost thoroughly into the sufficiency of the bail. The magistrate is required to hear additional testimony on the subject, if necessary,―to 1 ke in writing the depositions of the bail, by question and answer, -and where he may deem it proper, to adjourn the examination to a Tord a further time for scrutiny. The court is invested also with the power, where the bail die, become insolvent, or remove from the state, a any time to recon mit the defendant to actual custody, or again to a 'mit him to bail. Provision is also made that, instead of bail, the sum fixed may be deposited with the county clerk, with the same effect as if bail had been given. This is but a brief outline of the system proposed by the Commissioners, in respect to this subject, but they confidently believe that the details, by which it is carried out will, if faithfully enforced by the public officers, be found, if not wholly, at least in a great degree, to have remedied the abuses of the existing practice. The remaining title of this part, comprises a great variety of provisions, arranged in appropriate chapters, respecting the incidental proceedings in a criminal action, prosecuted by indictment. (Sec. 687786.) A particular reference to them in this report, is deemed unnecessary; from the fact that the principles they involve, are sufficiently explained by the provisions themselves. 6. Proceedings in the Police Courts. It has been already stated, that these courts are intended to supersede the present courts of special sessions. Their modes of proceeding, which have always been the subject of statutory regulation, have been carefully revised, and the most ample directions have been given, to guide the magistrates by whom they are held, in the performance of their duty. (Sec. 787-861.) In no material respect have the statutes governing the courts of special sessions, been varied except in the one which will now be referred to. In all the counties of the state, except New-York, those courts have heretofore had authority to summon a jury when it wa demanded by the defendant. In the city of New-York, however, th it power has not existed, and the court alone has tried and determined the case. To guard against an infringement of the constitution, in res, ect to the right of trial by jury, it is provided by the statutes relating to that city, that if the defendant appeal from the conviction a the time of sentence, all the proceedings before the special sessions shall become void, and the case shall be remitted to the court of gener sessions. To remove the incongruity of permitting a judgment once pronounced, to be annulled by the act of the party himself, an at the same time to preserve to the defendant all his rights, the Commissioners have provided as a substitute for this awkward expedient, that a jury may be demanded by the defendant upon his being brought before the court for trial, and that, in that case, the magistrate shall proceed to examine the charge against him, and hold him to answer at a court of sessions, or discharge him, as in other cases. Instead also, of the present system of appeal from the court of special sessions, the Commissioners have provided for an appeal to the courts of sessions, very analogous to that which is contained in the Code of Procedure, in respect to appeals from justices of the peace to the county courts. (Sec. 838-861.) 7. Special Proceedings. This Part embraces coroner's inquests and the duties of coroners,search warrants,—the outlawry of persons convicted of treason,proceedings against fugitives from justice,-regulations in respect to criminal statistics,--and provisions applicable to criminal proceedings generally. (Sec. 862--948.) These heads embrace subjects which are already regulated by statute; and in respect to them, the Commissioners have only to observe, that without essentially departing from the spirit of the existing law, they have supplied many deficiencies, and endeavored to provide greater simplicity of detail. 8. Costs in criminal actions and proceedings. The Commissioners have, in this part of the code, (sec. 948-954,) pursued the same general plan adopted in the Code of Procedure;that of providing, where it could be done, a distinct compensation for the services required of public officers, not in detail, but according to the stages of the proceedings. They have endeavored to adjust this compensation, (as such a scale only can be adjusted,) by adopting a fair average, based upon the fees already provided, and furnishing a just rate of payment for the services actually and necessarily rendered. The Commissioners have thus, at much greater length than was their intention, reviewed the leading principles and the more important details of the code of criminal procedure, which they have now the honor to submit. Their design, in this report, has been to present in a more convenient form than could have been afforded by the examination of abstract provisions, the outlines of a system, to the per fecting of which they have devoted great labor and the most patient and untiring care. In submitting it to the legislature, they will not pretend to assert that it is free from omissions or defects. But it is due to themselves to say, that they have spared no effort to make the code a complete substitute for the existing law regulating criminal procedure. In the performance of this duty, the Commissioners have been sensible of the great responsibility cast upon them; and in submitting the result of their labors, they have resolved, so far as they were able to present such a system of reform as they believe is demanded, not by senseless and unmeaning clamor, but by the popular judgment,—well considered and deliberately expressed. Sustained by the consciousness of integrity of motive, and of implicit obedience to the constitution under which they act, and to the law which so clearly defines their duties, an obedience not reluctantly rendered, but in entire harmony with their own honest convictions, they repose with confidence upon the indulgent consideration of the Legislature, and upon the justice and wisdom of the people. All which is respectfully submitted. ARPHAXED LOOMIS, DAVID DUDLEY FIELD. Albany, January 30, 1849. |