The Code of Procedure, or the New and the Old Modes of Proceeding Compared Showing the Necessity of Restoring the Forms of Actions and Pleadings in Cases at Common Law (Classic Reprint)
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| Partner: | buecher.de |
| Hersteller: | Forgotten Books (Greene, Wm; H.) |
| Stand: | 2015-08-04 03:50:33 |
Produktbeschreibung
Excerpt from The Code of Procedure, or the New and the Old Modes of Proceeding Compared Showing the Necessity of Restoring the Forms of Actions and Pleadings in Cases at Common Law The constitutional origin of the Code of Procedure, appears in section 24 of article 6 of the Constitution of 1846: "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, and to report thereon to the Legislature, subject to their adoption and modification from time to time." Its legislative origin is found in section 8 of chapter 59 of the laws of 1847: "In pursuance of the twenty-fourth section of article sixth of the Constitution, Arphraxed Loomis, etc., are hereby appointed commissioners, to be styled Commissioners on Practice and Pleadings, to perform the duties there specified; and it shall be the duty of the said commissioners to provide for the abolition of the present forms of actions and pleadings in cases at common law; for a uniform course of proceedings in all cases, whether of legal or equitable cognizance; and for the abandonment of all Latin and foreign tongues, so far as the same shall by them be deemed practicable, and of every form and proceeding not necessary to ascertain or preserve the rights of the parties." No one, we believe, can well help seeing that the duty prescribed to these commissioners by the act of the Legislature, is not identical with the duty the Constitution had prescribed for them. Yet we owe the Code of Procedure to this stretch of the power of the Legislature, rather than to the Constitution, or to any ideas contained in it, either expressed or implied. The Constitution means no such thing as this revolutionary or exterminating project of the Legislature. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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