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TO THE LEGISLATURE OF THE STATE OF NEW-YORK.
THE COMMISSIONERS ON PRACTICE AND PLEADING: have the honor to submit herewith, their complete Report of a CODE OF CRIMINAL PROCEDURE.
In presenting the result of this portion of their labors, the Commissioners deem it not inappropriate to refer to an objectic., which has been taken to their consideration of the subject embraced in this report. It seems to have been supposed by some, that the regulation of the modes of procedure in the civil courts, was alone within the scope of their duties. A recurrence to the constitutional provision under which they were appointed, furnishes, however, an abundant answer to this objection. That instrument declares, that it shall be the duty of the Commissioners “ to rerise, 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.” The same language is also used in the act under which they were originally appointed, as well as in that passed at the last session, extending the Commission. The term, 4 courts of record,” clearly embraces the tribunals in which criminal, as well as civil justice is administered. „Used, as it is, in the constitution, as a term of description, åt comprehends the courts of oyer and terminer and sessions, and the mayor's and recorders' courts possessing criminal jurisdiction, and plainiy impo