r TH % at. XXII. Ho. W>5_Wbol? Ho. **64. THE NBW YORK IlEEALD H8TA8LI8WMINT, Rartta-woM corn?r of Villon and Imm M>. JAMES GORDON 0ENNETT.TROPHIETOR. t.'lUCUtATIOM_Kl?HTY THOVIAIU. OAILV HKRALD?Krery day, Trie# I ceata pat eopy? ' tt per inuom?payable in advance. WEEKLY HER VLD?Erery Katurday-Pnce 0* end M' copy?$3 12K centa per annum? payable la advanne. HERALD KOR EUROPE?Every Steam Packet dayPnce i'4 cenii per copy?$6 par annum, including poataf* or S3 Vt. exclusive of I'oatage. sayablein advanpe Hubaenp tion* and advertisements will Va received by Meeari.,u?ll| ami, II roe Vivieune, Pari* ; P. L. iJimonda, U CornluU, and *?AN N UaL^PICTORIAlL0R ERALD?P*bli* had on th. lit of January of each year?tingle cepiee sixpence aaah. . ADVERTISEMENTS, at tlie n.nal prices?always cMbji idcHJice Advert iaemenu should t>? wntten ? aplain, lefiblt unurier. Th* Proprietor will bo( ba raaponaibla for arroif tha> mp'.tirNT:^Oe^f'all kind* executed beautifully and win Of cnmmaaietuou by mail, addressed la tbs proprietor of tlie establishment, must be poet paid, or the pott as* w ill be iledu.-md from the etibeonntKi* una** rerartted - , NEW YORK AMD HAHLKM * mtS: ANUAKi'KH THL K8DAY, JUNK loth, 1M7, in* Can will ran ai follow*, until further notice. Up trauu (fill leave the Oitr H*ll for ? , . _ Harlem k Morriaiana. Forham k Taekahoe PleaaaatrllU, i JQ A. M. Will'mi Br ge. Hart'a and Nawcaatlo 7 " 5S0A.M. White Pl'iUjBfdl'ora, I h 7 " 7 A.M. WMlliekrill* X 10 " 1# " C?DUIU Kill* ? 11 ? ? p. 14. 7 A.M. u ? i r. M. i? " * r- M. t F. M. * " i ? in r J ? H " S " J M ? Hfmrniii? JU> Nw* Tou Will 1mt?? Morriaiana kllarlem. ftrdhm. WfllMto. Tnckfhoe. ; f0 - * S- Z? ? J 9 09 " ?M " I 20 P. M. ? " ? S3 P. M. 1? .4 P. M. 5 ? * 11 ur.M. 1 ? 1 49 White Pl^i. 1J ? r.tra #i ? t ? 7 10 A M. li ? is " eoi " )l " :: n " 7 44 " iuriU H rVajantyUU. Naw Caitla. Bedford. WhiUlektjlla il IS A M. i A M. 7 51 A M. 7 45 AW ! IS V M. ? PM. (II P M. ??SPM Croton Fall*. 7 JO A M. 4 SO P M. The train* to i.-.d from Croton Fall* will not atop on Naw York liland, except at Broome afreet, and Rdatreet. A cat will precede each train ten inmates, to take up paa*eu(ara in ^Themomiuz train of car* frora Croton Fall* will not jtoj between White Plain* and New York, eicept at Tuckaho* William'* Bridge, and For dham. Kitra bain* on Sunday* to Harlem and Momiiaaa, if Dae lin?. on ^^XBF/FHOMkNK.wToRF m II At M Tft D1A>.>M??:11A 141/ 10 uroton rain i To Whitlickvill tTX To White Plain* M Jf reight train* leave City Hall at 1J M. and at 7 P. M. IUturninK, leave Crotou l1 all? it 7 A. M. and 9 " M. OONtCY ISLAND FERRY.?SUNDAY p. , aeUv " Ifc EXCURSIONS.?The Elegant and Commo-"SSSSSBSSm (lions steamer ION, will If are Pier No. 1. N. ]<_, at 10X, A. M.. and IW, P. W.s and on and after Moudar tlie 20tl> inst., will leave daily at 10 A.M., and 1 P. M.-until further notice. _ ?l?Tt*re , . - Voh NEW BRUNSWHK?At J, P. M.? r_WBlCI?AF.'re )i)i rent*?The elegant ateainer ANTE4SSSSmSBrn LOPK. Capt. Vau WickTe, leaves the fo<->t of Bobincn street. ne*t above Barclay, daily at 3 P. M lor New BrniswicU. lauding aiRosaville, Woodbridge, Totten *, Peith Ambov. and Kreiioh'b?Passengers take stages direct tor Cranbnry, (Jro*? Roads and Bpouwond. Returning, the Anielope leavei New Brunswick at }? before 7 A. M Breakfast on board. All description* of freight taken onreaann^b'e ierm?. siJO 6t*rrr KOll SHREWSBURY^ OCEAN HOUSE r Long Branch, Rnnsom Dock, Brown'* Dock >V.7Ki<0ff)idfllt Middletown and Red Bank.?The Steamboat ORUS, C. Price, Master, will ran a* follow*, frotn Fidtot Market Slip, East River :? Leave New York Leave Shrewsbury. O'clock O'clock. Sunday, 2fi, at 8 A.M. Sunday, 26, at 4 P.M Monday, 27, at 7 A.M. Monday, 2T, at 10)( A M. Tuesday, 28. at 7 A.M. Tuesday. 28. at 11 A.M. "Wednesday, ?'?,*? 8 A.M. Wedne*day. 29,atUKA.M Thursday, SO, at 8 A.M. Thursday, 30, at 12 M. ine l*we wui run iu nuwvu *r ouuaw y and Freehold. Btaicei to coavey pastengera to all i>arti of the country. .... . . N.B. All pcreooe forbid trusting the above boat on ac cooutof the Owners. J- P. ALLAIRE. 2 301 * re KCR aHRfcWSttUHY, LONO BRANCH, Ocean Hoiue. r. w. Schanck'a, Highlauda, ' 'YartMnfWl Hunsoin ir.il Hslootowii Landing- Theateam, boat EDWIN LKVV1S, apt. ilaynea, will ruu aa follows, fiuin foot of Barclay street, North river: Leave New York. Leave SKreictoturif. O'clock. O'clock. Tnesday, 28,at 9 AM, Wedtaaday, 29,at in)? A.M. Thursday, 30, at 11A.M. Stage* will be iii readme*! oil the arrival ol the boat to convey p.neuger* to all iwrta of the country. For farther particular* apply tor, ?. Hall, at the office on the wharf. *1 30t*rc " olaTKM 18LAINU ft.nni.-uii aau after Kill DAY, Sept. 10th, 1M7. the iteamrrJ&MffM* boata 8YLPH and bTATKN I8LANDKB vail make the following trips until further notice >? LEAVE WHITEHALL. .U 7, 9, If. 11, A. M., and 1,1, teii minute* put 3 aid at 4, i 6,7, o'eln?ik, '.M. LEAVE QUARANTINE. At ?, ? *. 10, II, A. M., and 1, J, I, (. f. 6K P. M. Naw York Sent. 8th. *8 JM?7 MOKNf VO "LTiVk " A i 7 O'CLOCK, ALBANY AND TROY, landing at raMMMMha Caldwell*, Wealpoint, Newburg, Hampton, Milton, ruuKlikeepiie, II v dtv, Thuradav and Saturday, at 7 lock. A. M. B rakl.tst and Dinner on board the boat, l'he low preamre fye&wb .at NIAGAKA, Capt. It L. Kelloju. wui leive t e Steamboat Pier foot of Barclay street, Tuesdays, Tl.nndi.yi. tnd Saturdays, at seven o'clock, A. M.. ernrinnir o?i ^e ipposite day*. For i>i5?iue or freight, apply on board, or to V. B. Hall, at the iimci- on rhe wharf. *16 re , MORNING LINK AT 7 O'CLOCK rw^ZjNfOK ALBANY AND TKOV, and inter iHIBWMm mediate Landing*. Tht- Ste merl'tlOY ia a third larger than any other Day Boat ; nud in puir.tof speed, aafety, and comtnodiousliM* ia actually nNo iteamerever ace _ PEOPLE'frl INlCBTUAMJiOATd JTOR I- ALBANY. Daily, Hundiys Kxcrp ed ? HWHm Through direct? At 6 o'clock, P. M., from the Pier briween Court'andtand Liberty streets. Steamboat ISAAC NEWTON, Capt Win H. Peek, will love on Monday, Wednesday, and Friday evenings, at ? Steamboat HENDRIK HUDSON, Capt. R. O. Crnttenilen, will leave on Tnesri.iy, Thursday and Saturday evenings at 6 o'clock At Fire O'clock. P. M.?Landing at intermed'mte place*? from the foot of Bare1*? street. Sieambout HOCHF.STttK, Captain R. H. Forrv. will leave on Monday, Wednesday, Friday and rtuudav a!tsrtio Hi OPPOSITION PAMAliK OKKiT,K-lo St * lb.mv, I'tic* $1 SO; Syracuse, $2; Oswegn; iWwmHmii'. Rochester. %i. Buffalo, f2; Cleveland, $1; Detroit, tl; Milwa?kie,$7 75; Chicago, 17.71; Cincinnati, $7 71; Toronto and Hamillon, II; Whitehall, $2; Montreal, ft; PltUhnrg, |7 71. Office, 100 Barclay street. Any s?cunty reiinircd will b? given for the fulfilment of all contracts made with this company. nt^ai 30t*rc M. L RAY, Agent | New York, 'MT. NOTICE.?For the better accommodation ' --,^of the public (as the days are becoming ctfflaSHBtoshorMr), the Steamboat NEW PHILADELPHIA will, on *iid after Monday nest, leave New Brunswick at minute* before 7 o'clock, and New York at 11 minatea i mi t o'olock, ttoppiui at the regular landings Th? IIARITAN will coutmue at her old houu.at 7 o clock ir'-in *1C w IH"BWIC? UHU l UTfJlw ' IHHW " York, runni-ic through without stopping. r?.?th hoKUlf.ivc from the f 'h? <>1<1 eetuMished 3uam Tow-Boat Office, No. 75 8 iith street, corner of Maiden Uiie. up stair*. The Bo*t* lay every night at tl>* foot of Orand street, E.R, and **e always in rc.>diuea? at n moment's notice. N.B ? All rwraona are fo-bid trusting tlie above boctj on arcnnt of the owner.. W.N IT.M. DOUOHFRlY, "* rc No. 7a South at. cor Maiden lane. NOTICE?SULLIVAN'S EASTERN Letter Kii>ma?Eastern Mail, t i? New flsI'jtMNM'rii. Hanfoid, Springfield and intermedial* plai.'M. Letters and Newspaper* carried on the above route* fitEE. By *t*amboat Traveller, and Hartford New Haven tnerior copprr fastened and MitUmmv ippered nhip WAVRRLY.l). fl Tmeman, masten has hand to ma * ins. Bhitandia, wdi Harruoo. Acadia, n. Shannon. Calkdiia, e. g Lon i ice ionr>team?hl)i.tDOwr building are america. NIAGARA, j r CANADA. , ? ECROPA. 1 t The v-m?1 appointed to uul from Boston i> the Britauni* October 1, 1M7 IWiiien' lauw awt U o> bowl lh? day previous to a ailing. r u* . '/AKMtLI/I*of thia ("omtany axe appointed to_s?il as , .4r/yaWM/rr~ )ljllow,;_ fT?m From 1 New York. Cherbourg. c UNION. C.apt Herbert,. ..Sept. 3D O.-t 31 PHII.ADKLPHIA. .Capt. Besson,... Oct. 15 Sept IS MISSOURI I apt. Mofin,... Oct 31 kept 30 NK.W YORK Cap*. Kerraud,..N . IS Oct- IS Pasaoge from New York to Havre $120. wiuea not included Bertha not secured uutil pnid fur. Au eiperienced surgeou u attached to each imp. These sliips having been constructed for the l" reuch Royal Navy, are inferior to ne Teasel afloat in all tea woithy qualitiea. Their cabina ate large, well furnished, and uunraally well ventilated, and their table ia unsurpassed. Winea of all kinda, and of the best quality, are famished at very low rates. Fori eight or peutiage, apply at the Company'a Agency, M Broadway. >2 Ire ?- A CARD.?The British Noah American yal Mail steamship BRITANNIA, on the sectional dock,) will leave ^ii liBMMg Boston fnr Liverpool ou her regular day, j ^^^ " Friday, Oct. 1st. IM7. D. BRIOHAM. Junr.. 6 Wall street. j N. B.?No freight or baggage will be taken on board at : New Yoik. sJ5 3t rrc_ , - ... ~ROH I.I VEHPOOL?'I'J Mil The6th Oc | tober-The new new iron steamship SA/S5lfr|WK3K?RAH SANDS, Wm C. Thompson, ouster, /^uS|??2Syyj_ will sail aa above Kor freight or passage, j having accommodations unsurpassed for elegance and convenience, apii'v to s?l 16'rc _____ HOBT KRI? MIT.76 Sonthst. r~ f? r-? KOtl LI VEHPoOL?'l'he magnificent riew steamship SARAH SANDS. 1800 Ions burthen, Captain W. C THOMPSON,will sail on ihe 6th of Oct ber. Her accr>mmodafor passengers are unsurpassed for ele g ince and convenience. A limited number of sreond cabin pasaengeis will be taken aud found. Her between decks ia larici* auer Black Ball Line of 1'acketi, MSflfcnnd Kemittancea to Ireland he. The well known favorite packet ahip OXFORD will (ail for Liverpool on Friday, the lat of October, her regular day. For terint of cabin, tecond cabin and aterngc pnsa->ge, applv to Capt. Ooedinauaon, ou board at loot oi Beekinan at., o'm the subscriber* The NEW YORK will (ail from Liverpool on lit of November; paaaage can be engaged to come from the old country by iliia ipleudid ahip, or l?y any of the packeta of the Old Black Ball Line, to sail from it ou the 1st and Ktti of every mouth, by applying to u?. Thoie remitting money to Ireland, can have draft* oa THE ROYAL BANK OF IRELAND, and on PRE8COTT. OROTE 4c CO., Banker*, London, which will be paid at the rarioui brauchea throughout Oreat Britain and Ireland. Apply to ROCHE. BROTHERS It CO.. No- Vj Fulton atreet. New York, next door ro the Fulton Bank, Only authorized patseuger agent* for the Old or Black Ball Line ot Liverpool packets, and have no connection with any other hnu.ie in thil City. ?23 re jriMc- I'OK Ll Vk.Kl'OOL?To Mil with de.natch *U|?f.ior accommodation for cabin, *ecor.l cabin and ateearge panengarn. Peraom about embarking, should make early application on board, foot of Maiden I-aue, or to J. Me MURRAY. corner Fine and Soath aireet*. Pennn* deairou* of aeudiug for thrir friend* in the OM Coui.try, can have them brought out by the above ipleuifid vetael, or any other of the rerulitr line byapplyirg. rrc PACKETS FOM HAVRE?Second Liue?The ^SVWship ST. NICOLAS, Eveleigh, Master, will lai] JBSmKbou the Ut of October. BOYD fc HINCKEN. ? lonlr U Wnll ?rr??lfitg FOR LIVERPOOL?The New Line?Re*utar WEMVPacket ?l 2ln of October ? Th- iui>erif Vovember ?23 v i?- ONLY HfcOULAJ* LINK OK PACKETS KUtt t NEW ORLEANS. The following well known, t Hb^t sailing and favorite packet ahipa liare aceommo- K Jati.ua unsurpassed for cabin, aecoud cabin and steerage pna- L aeugera, and will i oaitively aail u advertised, or paaaage free, vii The UNION. Cipt. Koater. September *7th 11 The OSWKOO. I.api. Ingeraoll, October 4th. t The UALE.N A, Capt. Deunb, October 11th. I i'er?ou? wishing to proceed to New Oneuna, will do well 0 oaeenre pasaageny either the above paclceta, aa thev are >11 Q jrat claaa ahipa, commanded by men eiperienced in the trade, i nd will aail punctually on their appointed daya. To aecura htrtha, apply on board, or to * a23 W 8c l.T. TAPSCOTT. MB-.nrhat. nkw link ok packkTb.To a>d kk .m ? aflTJt^VLlVKKI'OOL ?The aplendid fiat aailinc and 1 MifiBlbfaTorite ahipSHERID AN, Capt. (j B .Cornuh, will ? p, sititelv aail from New York on Mouday, Sept. J7th, and o from Liverpool on the ltth of November. Peraona about pro- ^ reeding to Kurope, or ihoae wiahing to aend lor their frienda, > should make early application on bo->rd at the foot of Wall atreet, or to W. k J. t. tapscotI". " a?2 rc 86 South street. * JJOP- C 4RLISLK It RIPPARD'S EMIGRATION 11 iHJK OKFIUF. in ecHMciion with OKO. RIP- 0 Mmm* PARD It SON, 134 Waterloo Hood, Liverpool ' Pa 1 tuna wishing to aend for their frienda in the old o countrv cui secure muiic in any of the following new line t of pai keta, aailiug from Liverpool on the 6 th of every month, j, rii_ ,, CONSTITUTION, l-AOO tona,Capt. John Britton. nae. ? LIVERPOOL, 1,130 tona, Capt. John b Idridge. g HOTTINOUKK, 1,000 toua, '"apt. Ira Buraley. > Geo. Rippard It Son are the only agenta in Liverpool for the c above line of packeta, in addition to which they deapatch a firat clasa ahip every week. * Peraona aending money to their frienda in larjre and amall f amouuta, can be accommodated with drafts on the Belfaat " L??iiHiiik isvmynny, nuu meir ounuyoat orwchfi in Ireland; i alio on the principal bank* in Kngland Scotland, and Wales r Apply to CARLI9LK k HIPPAR6, I Mil 5S B'.urh itrf?t, eor. of Wall, AMO*- TAPSCOTT* ~EMIGHArioN~dFFICh7M b South irft.?Pen ui wiijing b> aeod lor their JHNKe fnenda in the eld aunatry eau wear* paaaage a reiuonable term*, by nny or the magnificent ahipe " comprminc the new Line of Liverpool packet*, vix:? n CONSTrrijTlors, I750 tons, Captain John Britton. d QUEEN OF THE WEST, MOO tont. e?pt. P Woodhonte tl LIVERPOOL, 1240 ton*. Captain John Eldridge. u HO 1'TINOUER, I1J0 torn, Capt. Ira Bnraley, ? ruling from Liverpool ou the Stn of every month. Puivt Miwki aeenred by the St. George'e Line, or the Union P l.ine ol Liverpool pn?nteta, making in nil a ihip ereiy fire 11 daya from that port. For further particular! apply to t W. It J T TAPftCOTT. ai JyJ* M S.mih M'eet, New'l ork. gi ?OR 1^1 VKRPOOL?New~Une?Regular pack e >5BBVal of 36th of October.?The new and irlenHid fait- t tailing packet ahip ?MRK|('K. < ap am B.J. II. ? Traill, *ill potirively >ail aa above, her regular dt.y. ? For freight or paatage, having handsome lninuhed aceoMncxlariotti, apply on board, at Orleana wharf, foot of Wall ' t^eet, or to K COLLINS M Sooth at. 11 The pneke' thip RORCIU8, Captain Am Eldridge, will p necaed tha Uarrick. aad aail oa the M?h of Nor., her ratrnlat d?? i a?<_ (j FOR NEW ORLEANS.?Loniaiana and New * J^B^V York Line of Packet*? Poaitively the Ar>. and q flIHKaoiily regular packet to aail Monday, October 4th? The aplendid faat tailing packet thip OSWEGO. Capt. Thoa. Iiigertoll, will poaitively aail aa above, her regular day. For freight or paaaage, haviaa handtome formatted accoro- Bl modallona, apply oa board at Orleana wharf, foot of Wall u ttreet. or ro E K. COLLINS, M South et. c Poaitively no freigh' will ba received on board after Satnr- h day ereniug October 2d. H The packet ahip CLIFTON, Capt. Jaa. B. Ingeraoll, will | *an~*ed tr>? Oawegn ami "it wwpln ?fa? ajg 1 ~SSS FoRBAMBAOOil, October J from Philadelphia! tl JHWyThe regular packet hak KINGSTON, William , JMUKaBowen, maater, will aail sa above. For freight or ; uua?ge. iiavingtop-rior fnrm-lied Mate room*. apply to 11 JOHN M. SMITH It CO.. IM Broad at., cor. Front. ?: >1) I Si* rr li CHXaM EINGI5E?< 'tm inm engine of Two home " O power, eomplete, with locomotive toiler attached, all ia u good order, for tale low. R. HOE Si ' O, >1 10 Utvr *>???< II Hold irr??? w EGa.R F U EK E81 ftA N 01 EH? N o w landing at Pjer 7, w N. R.. from ahip Mary Francia. fiom Bordeaui. ti mck- ai agea ef the abovt i\rll kaowu Uraadiea. direct from the bonae it of the auher.riber in Fraae?, ri* C'oguar, "Leger Frerea " Ar a magaac, " Star," Bordeem, Henry L. L. f. hatanette and Ro- , t belle Lafai etie brand*, pale and colored, in half, quarter, aad u eighth pirea. . .... _ . . ^? . Alto. IJ quarter caaka W hit* Bruady, of anpenor duor, fir " preaervea. ... ... . . ?' Alio, in atore, entitled to debentore. a full aaaortment ol the i|, above BriuiHi??,of v^rionaviPtageilrom IMT to lift. Sain- ^ plea at the office 101 Wall atreet. mrtt ol att)it*re HIIKT LF.GER. JJ PAIN ii.'.l ?S?A umaiieolTeetion of rare ?ud good faint ini'i. b, the old ma ter?, in perfect order, aud liaudtomely framed, f.i' Mle nt 41 l.ih*rtr I'reet. Two or three line hiato- " rieal pictnrea, lindacapea, fco. May be aeen evety day from till elm t. a-.*0 1ttt?re tl R~EMOV AL ?BOULANOER haa the houoi ro inlorp the ?' public aud her pa pi I a, tlwt alie hna removed ii? No. 00 Green wich atreet, and lb"t her achool will r?-opaa the nrat ' September, Terma. the aeme u fnnnerly, pwr*kle la advuee, w yth?j>T ther ei i*a?m. vrmtei TWy^ taafjuha u w rc V YORK. MONDAY MOl PJUNCE AID PLEADINGS. Pho Report of the Commissioners. "o the Honortm.e ihi: AuiMiLf In c >mnliane*? with a >*tolntlon paaaed by youf henoahie body ?> the Hth of September inatmt, mjukrinR h* Coiniii'ntiouera on I'rao'ce mu.1 Pleading*)* r?port profcreHi'. if a y made In the dii>chwi{e of their July, ti'l at what time they will probably be *bl? to report tne ttbult of their doing*, for the onnaideration of the ituro," the undernigned, a majority of the aal>e we caunot overlook the fact, that innovation s not *1?ruya t-ynouy mous with reform, and that we are ailed ui'On by tne highest conoid-rations of wisdom Lnd pulley, not to ahrogate that whiob is known and uubrstood, wittp ut the Htrougrst assurance that a better ysteiu can bo substituted iu its place. To thia consids stion we r??"lved. from tho moment we oommaiiced our a bora, to give Its full and juat weight: and it, ia tne perormanoe of our duties, we may seem to have Ijeen less iroinpt than was desirable. in presenting oar flews to he Legislature, we trust that our delay iu tbla respect rill be attributed to no other motive than a sincere and earnest desire to render the result of our labors justly icceptable to the community. Distrusting aa we did, vithout affectation, a reliance wholly upon our own udgments in the matter, we have sedulously employed be period since our appointment, not merely iu repeated onsultationr and discussiona, and in reducing our variurt views to the form of enactments, but in resorting to very souroe within our reach by which we might be enble to profit by the experience of other States and counries, and by the reflections and writings of the bast and tisest men who have directed their attentlin to the sub entot legal reform. We have clone no, not only with tit; view of strengthening our confidence In the expedincy of the changes which we might eventually propose, ut for tile purpose of presenting as we design doing in ur future report' the suggestions and experience above i ferred to, as tending to commend those changes to he favorable consideration of the Legislature. The leading object which at the outset presented itself o us, was definitely to fix the general principles upon rhich we should proceed to the completion of the work iefore us. To this subject we have devoted much time n4 reflection, but not more than, In our judgment, its mportance demanded, l'or the purpose, as well of arefully surveying the whole ground, as of attaining be concurrence of the entire commission in the result at rhich we should arrive. In the latter respect, we regret hat after the most full and frank interchange of opinon, we have been disappointed; and while we feel a conidence that the outline s of the plan we design to pro>ose are preferable to any other which has been considred by the commission, we are compelled to admit, that hat confidence would have been greatly enhanced, if >ur colleague oould have brought his mind to the same >onclusion at which we have arrived. On our own aclount, we regret that his d!0erence from us upon the lardinal principles of the proposed system, should have ed him to the determination of withdrawing from the .ominisslon. From his /.ealous and untiring devotion to he objects for which it was created, w< have already lerived most valuable aid; the contlnuanoe of which we lad anticipated from his further oo-operation with us In >ur labors, In assisting us to render more perfect the deails of our svstem, in nresentinc to our minds difiloul lea which we may not foresee, and yet againxt which we liould provide, and in bringing to our aid the ?tores of til learning and experience. In reflecting upon and dWcussing the general princilies upon which we should proceed, the first step was urefully to examine and consider the line of duty precribed to the Commissioners by the Constitution, and >y the act of the Legislature by which they wereappolatid. and to give the fullest effect to the intentiou nt the undamental law and tbe superadded will of thu Legislate upon tbe subject. We were not ignorant of.uorooulJ v? overlook the fact, that the delays, technicalities and ixpensivenet-s of legnl proceedings, had long beeu the sub ect of complaint, not confined to oases of individual grievance merely, but aimed at the system of legal pro:edure It sell; and that notwithstanding expedient after xpedient had been adopted by the Legislature and the sourts, to remove the acknowledged justloe ot thai complaint. It still continued, not only to exist, but to insreasa. until th? framersof the fundamental law. neither lisposed nor able to resist the public sentiment, had been compelled to embody in the Constitution a dernaud upon Jie Legislature to provide for the slmplificatio as wel. if the body of the law Itself, as of t -e modes of prooeadng by which it should be administered. We were. tb*?

alarming. That It hould not be attempted without the reasonable promise f an auspicious result, we do not deny; nor do we mean o treat with disrespect the reasons which our late colsague has placed before your honorable body, as those ipon which bis withdrawal from the commission is based 1'he positlou that a proposed change is experimental, udden and general, In our view constitutes no just ar;ument agaloht its being made, if it be, at the same time ound and wise ; and especially when It refers to a body if mere prescribed aud arbitrary regulation. It may, ,nd undoubtedly should, lead to great caution on the lart of those by wbom the Introduction of an untried ystem Is attempted?but it doe* not show that the thing iself la impracticable. I may prove, according as the esult ot our labors may be, that the State has been un nrtunaie in tue selection 01 inn agents 10 W11UM nanus 0 delicate and responsible a trust has been committed ; at It would be aii unjust ntattaOM the intelllence of the agw to regard it a* ustabliahmg the conciuion that the mere machinery by which law in to be adiinl*tered?the regulation* by which the orderly conuot of legal controversies la to be governed?constitute he only exception tot ho progr?**ive power of the human liod in the improvement or every art and scicnce upon 'hioh it* energies are employed. Our individual iucotneteney to the tank, we may admit; onr ultimate failure :> accomplish it, is not improbable; but our faithful and ealbun efforts toward* It* accomplishment we are revived nelmer to remit nor forego. And we can only asure your honorable body, that should It result, upon a Miislderation of any portion of onr plan by the Legislate. that we have tailed in the object at which we aim, re khall most readily and cheerfully surrender (he comllssion* with which we have been honored, that they lay be placed in the hands of uien more able, but, we runt, aot lee* willing to respond to the Just demand* of ublio sentiment. Nor aril we disposed to regard a* undeserving of con*leraliou, the position assumed by our colleague, and the nunduess of which has been pressed upon us from many uurters entitled to the highest respect, that this end lay b? effected by grafting upon the present system uch amendme ts a* experience lias shown to be nee*stry. but in otherj^MMeaving that system entire and ndlsturbed. Bifl^^^Vto our minds at least-a sufllirnt answer to tHi^PofKsition, In the failure whioh has itherto attended such attempts, not only in our own tate, but lu every State in the Union in which that *ys9m prevails, ana in Kogland, Irom whioh it hes been orrowed. Krom the earliest age* of the law, effort* of Ills kind have been made by legislative Interference, end y au occasional determined disposition on in part of tie courts to relax a portion of the rigor ol tb- exiiting ysteui, and to make it beud to the great object for whicii . was designed And yet the expeiletice sud oliservt on of the uandid among tlie 1 egai proiession will l> >r * out in the assertion, that the result Uas been to T< .1 er what In its iucepilori wa* designed to b?, and hat in It* praotiowl working should be, merely ttiu mens of enforcing rlvht and redressiog wrong, an astute nd subtle science?technical and reflued apparently for * own Maae?and, It I.-, uot too much to tsy, in no >mail egree subversive rat On than promotive01 theeud ol its istitatlon. The dangers which are apprehended, from the attempt > embody the rules of practice and pleading in the torrn fa complete system, we oannot permit ourselves to beuve are, to any grtat extent, well founded On the ?ntrary, It is our lirm belief, that even if the principle* 1 the aid system were to be retained without alteration, would not only be desirable but necessary that they louldbe collated and condennud in a form calculated to mder them intelligible and simple. As it lio'v stands, is composed of disjointed part*, *0 widely scattered trough statutary enactments, rule* of courts, *nd a long iune of judicial decisions, both in Kngiaod aud in this , late, that an investigation of any branch ot It Is a work ' ' the utmost dlfllonlty and embarrassment Indeed, * do not hesitate to express our confidence that there r? rsrjr fsw to the legal proltoaloD, however prepoeeeet- | JJ-J.U - 1 - -JBS )RK I INING, SEPTEMBER 27, ed thay may lie in furor of it continuance of the preH?n' ftyateu) wlm will not a^rtn with tig at leaft in tbll. that I these dlfltmltle* anil uiharraiiamxiiU are often produe- i tire of thu most ifliiriuij injustice in the determination of 1 legal controverted < The learning with which our books are filled, in. in a ' i great measure, made up of dl?"U'*iong ol' question* very '< t remotely, if they caa lw at all uou?idered an bearing upon i the real uia' ter ill dispute ; and tbou'andN of reported 1 oaten are uo?v presented lo the lawyer and the student. a* I the sources to wliirh. with the aid of elementary works l and digests, he must reaort. if he would acquire any un- | derstaoding at all, to uay nothing of a thorough one, of I the rule by which he must govern himself in the mere 1 formal business of a tuit. of the rant number of con < tradlctions la judicial determination upon these tub- , j jects, which continually present themselves. both the har and thu bench, wherever tho system prevails. have united in loud ami bitter complaint Tne legislative j.uwci ...n niiu uier n^iiiu. cxtrii'U id remove I the evil, hundred* of statutes havii been passed. modify lng, aiueudini? nr abrogating portiou* of the syctein These, In turn, have led to renewed discussions mnl to ne* construction#, not ?1 *?v? in harmony with the ppirit of th? legl?iative will ami ?Uii? in morevnot always cousistent with thi-mu'lx-H. Wo feel assured that no one, who U in thelea?t fumlllar i will) the subject. will eonlrudlct what we have said: ' and yet thi-ro are many, whoso opinion* are not to bo , lightly regarded, who suppose that a revision and con- 1 densatlou of th'B brauoh of legal U uining. and a reduo- 1 tlon of its principles to u series of rules. plain simple and intelligible in language and arrangement. and conveniently accessible in form U a work attended with too much danger to justify the altempt?uud that a syelem of amendment Is the only wine or practicable course. The , conclusion of our winds has become otherwise. With a j becoming respect for the opinlous of those who diBer , from uh, we can discover neither wisdom nor experience i lu the idea that a simplification of the existing system { cnu be effected by introducing iuto It a .series ol' dls- j jointed amendments or alterations The experience of 1 the past abundantly admonishes us. that such a course j would but add to the confusion which uudeniably alreauy exist*. The amendments would necessarily call < for judicial construction. Tbe discussions upon them woul I of course involve a recurrence to all the existing 1 learning on the subject?a comparison of the ancient I rules with those of more modern origin?learned and abstruse investigation as to the evil aimed at by the legislature, and a course of judicial decision, which, Jf the practice of the pest furnishes any ground lor (peculation as to tile future,) may not always be found to be consistent with the statute or with itself. In these observations, we disclaim any Intention to reflect either upon those who have occuoied, or who now occupy high judicial positions; but at the same time we feel bound to say, that there have been judges who have affected to regard any legislative interference with as- , tablished forms as neither wise nor expedient, and who have felt themselves justified in giving the narrowest construction and the slightest possible efTeot.to statutes, amendatory, or ss they have been sometsmes called, derogatory of. lhn common law. Much a oourse of action U the result ot long association with institutions which have derived their chlttf attractiveness from their antiquity. and of a veneration for forms with which they have been made familiar by a long course of legal training and experience. It Is a tendency inseparable from the character of the human mind and of which we cannot be charged with disrespeot in speaking as we have. nucu wo ubtq kuo uigti uiuuntjr in oir 1V1HU11CW IllLLti for its existence soil pernicious operation *' By long use and custom," *ayn that distinguished judge, - men. especially that are aged, and have been long educated to the profe??!on and praotice of the law, contract a kind of superstitions veneration of It, beyond what U juat and reasonable. They tenaolously and vigorously maintain these very forms and proceedings and practices, which, though possibly mt tlrst they were reasonable and useful, yet, by the very change of matters, they become SOt only useless and lmperteot, but burthensome and In- ; convenient, and prejudicial to the common juftice and 1 common good of mankind ; not considering that the : fbruis ana prescripts of iaw were introduced, not for their own sakes, but for the use of public justice ; and therefore, when they become insipid, useless, impertinent . and possibly derogatory to the end, they may and mu?VVe removed." In ptildltlon, then, to the advantages before referred to, attainable from the adoption, in l'orm, of a new system, we hVre the assurance of an uniform aud narmonious basis of construction. Instead of setting both the bench and bar aOoat upon a ho a of embarrassments. bucli as we oare sugguRiea, irom me adoption ut a plau 1 of umend-ient meroly, we tbink wo can saf<-ly promise ! ourselves and the public Hume relief from ut least a por- ' tion of the existing dilUcultieS It id, indeed, not to be denied, that auy rysteiu, whether new or old. will con- ' stantly oali for judicial oonslruotiou. for the reason lliat it will conatan'ly require judicial euforceineut and application. But, if It furnish, an a now one should and must. it* own standxrd and rule of constructiou.aii'l if it be tak-n up, an w? ranuot doubt It will be with n itmpoeltlor ou the part <-f the oourts to deal with it liberally and fairly, to give it lull effect,And to briug it Into perf'ot and entire operation as a whole, we think we cau venture the prediction that the peril*, which Invariably, in theory, but noi no universally in praorioe, attends every new underUklng, will be l'uuud In this iuUauce to have been overrated In what we bar* thus far Mid, we have treated the question, whether We should reoouimend a new system of practise and pleadiug, or merely suggest amendments to that which exists, as if we were at liberty to determine this question ill the (lift instance for ourselves We have d>>ne so, for the reason that, in the progrees of our JiacDsslons, we felt called upon to (inquire whether the language and intent of the constitutional provision ! under which we were appointed, authorised or allowed j us to go beyond a system of amendment merely. By a reference to that provlsiou w think it wi.i be apparent, without a resort to furred or even liberal construo(ion, but from the plain import of the language used, that the Commission is not only not restricted, in this respect, but that the view wn have taken of the mode ef performing our duty is clearly enjoined upon us. By that provision, the Legislature are required to " provide for the appointment of three Commissioners whose duty it shall be to revise, reform, simplify, and a l.eidlVIt that rIIIAJ Eflll nrkf.t.iftM lll?>liinilll fl\*rr? an.l nwn cei'dlngs of the oourtsof reoorlof thin State, ami report thereon to the Legislature, subject to tbeir adoption and modification from time to time " (Conrt Art. 6, Seo. 24 ) Tbe term* there u*ed, "revNe, reform, simplify, and abridge," are the must comprehensive which could well have been adopted; and, if any doubt could arise a* to tbrir meaning, even upon tbe most reflned verbal criticism, tbe answer to it i?> furnished by the aotion of tbe i oovention in relation to that branch of the law which in not comprehended wl'.hln the duties devolved upon thin CommUalon. We refer to the seventeenth portion of the first article, which provide* fur the appointment ot Commissioners, whose duty it is made ' to reduce Into - written and systematic code, tbe ahole body of the law of this State, or so much and inch part* thereof as to them shall deem practicable and expedient.11 Deeming, as we do, that tbe duties of that Commission involve tbe whole subject of right*, and that thorn im- | poned upon uh have reference to those of remedies. we cannot readily auppoae that it was tbe intention of I he ' I onstitutlon to provide for the roditiration of that branch of the law whloh wan founded mainly upon priu- j ciplos of natural justice, and therefore moro difficult of j reduction to the form of a code, and at the same time to ' leave tbe prescribed rales of proceeding to remain in tbe scattered confusion In whloh It found tbem. except an those defects might be remedied by equally scattered and not less confined amendments In support of this view, also, we think we nay confidently reter to the sanction which the Legislature have given to onr construction of our duties, by tbe provision oontalned In , the eighth section of the act by whloh the <:omminaloners were appointed, requiring them to ' provide for the abolition of the present forme of actious and pleadings in cases at common law; for a uniform course of proceeding in all osm-h whether of legal or equitable cognizance. and for the abandonment of all Latin aud other > foreign tongues, so far aa the same shall by them be deemed practicable, and of any form and proceeding not necessary to asoertain or preserve the rlgnts of the parties Kor these reasons, we have corns to the conclusion that it is our duty, and we are happy to add that It Is no less our inclination, to reoommend the simplification of the rules of practice and pleading, by providing anew, and, so far as we can, a plain, simple, and ineligible sys- 1 tern In doing so. we are far from intending to shut our i eyes to tbe light of experience, but shall gladly avail ourselves of such portions of the existing system, as ex- j nnn?n(*fl liai rrnwml in Ka nsaful I words, as are essential to tfcu preservation and enforce ment of substantial rights The next Htep in our dUousaiona. fli the conslderation of the subjects which should be embodied in the proponed nyalein. Open this branch of our labors, we nave not, as jet, been able to adopt a fixed order of arrangement, but we are prepared to say,that the following subjects will be aotad upon, in presenting our reoommendationa to the Legislature :? 1. a revision and condensation of the laws regulating the organisation of tba courts : 2 Civil actions, and their incidents : J Irocaodlngi and pleadings In civil aotlons 4. Coats. ft. Appeals. 6. Summary *nd tpeclal proceeding* created and rt- I gulated by statute ' 7. f'rooeedlugs In surrogate's eourta : 5. Practice and pleadings In criminal eases. I'nder thesa general heads. It U believed that the the whole body of remedial law may b? comprised ; though, as we advauce la the performance of our task, li may be found neoeesary to modify or eularge them Our design, at all events, is to present iu as simple and omtrly *rrang-d a form as we oan,tha subject* embraced i' the above euuiueratlou Upon many of them we, In conjunction with our colleague, have b??:n occupied ever siucc our appointment, in the preparation of detaiKd sections , but upon a portion of then), only, have we, as yel. beeu enabled to coropleta oar proposed provisions, so far as to enable us to recommend them for adoption. We reler to provisions regulating the organisation rf the oourta. tuetr terms, tunas and plates of basinet, and to the J urladtotlon and baslnas* of county courts, the details of whioh wu bavu not fully matured ; bat wnich wo shall endeavor speedily to submit together with our reasons for raoommeuding their adoption Our labors, so far as detail la o<>uoeni?d, have aa yet naoenaarily been in some measure desultory ; oar object having hitherto been by tbia apeoln* of practical experiment, to test, to our own satistaction, the feasibility r f the gener.il ?yli iu upon which our views and opinions have siieady b? ? n expressed, by Uaviog before u* tangib.e ai 1 distinct pr< position*, designed to form the hisis rf the details of a system of legal reform By these, rur diseii"sloes and investigations have baeu greatlv laeilitated, as w?U as oar anticipations of a practicable result strength- ' ?ned and confirmed ; thoofh. for the reaaons already mated, wa ara not yet enabled to report, In detail, any portion of o?r plan for immediate legislative aotlon 11 1 -1 111 II s M IE R A , 1847. There are, however, certain cardiual principles Ijlng [ it the foundation of the system of reform Id proceedings I ind pleading* In civil c^ntroversl"*. wblch have been rurjr deliberately considered by every member of the | lommlsslon, from (lie moment of their appointment and | ipon which, aft^r the uiout earnest and patient lnvestltation and discusiion. we have wiived at a conclusion tdverae tn the opinion* entertained by our colleague IVe do not deem it out uf place In answer to ao much of lie resolution of your lienorst'l>' body a* requires us to report the progices. if any, which we have made in the performance of our duties, briefly to refer to them In this report, though we propose ut this Lime to state our riews upon tliim very generally reserving a more full ilscussion of them until we are prepared to report the provisions, in detail, by which we shall propose that they be carried out. The first of these principles is, the establishment of an uniform course of proceeding (inoluding both practice snd pleading. In all cases, whether of lej;*l or equitable oognlxanoe. As the jurisdiction of law and equity existed in tills Htate. up to the period of the adoption of the new Constitution, vested in separate and distinct Courts It seemed to follow, as a necessary oonsequenoe, that distinct modes of procedure should exist applicable to the peculiar tunctlons of each of those courts; though. In our opinion, many differences in matters of practice were recognized, which, even under the former distinctions of juriidiction, were unnecessary But as these jurisdictions are now established, there Is, in our Judgment, no longer a necessity for a difference in mere modes of procedure, in cases of the charactu r to which we refer. Keeping in view the distinction, to whloh we have before adverted,'between the rights of parties, and the mere means by which those rights are to be ascertained and enforced, the simple enquiry which here presents itself, whether a mode of proceeding common to Mil civil I'DnfrovvriiuB anil uilu..nu?u tn tV>.. i'uil in view, cm be safely and c nvenieutly prescribed. We do not Intend in any manner to interfere with the question of right between litigant parties ; nor do we intend to discuss the effect of tne constitutional provision Testing law and equity jurisdiction in the Supreme Court, no far as that provision ma; be supposed to affect substantial rights. All that we mean to say is, that we are satisfied, upon the fullest consideration.that there need be no difference In the form of proceedings loading to and consequent upon their determination.The object of every suit, so far as modes of proceeding are concerned. Is to place the parties whose rights are involved in it. in a proper and convenient form before the tribunal Dy which they are to be adjudicated ; to present their contliuting allegations plainly and intelligibly to each other and to the court; to seoure by adequate means a trial or hearing o the contested points ; to obtain a judgment or determination adapted to the justice of the case, and to effeot the enforcement of that judgment by vigorous and efficient means. This object is not peculiar to any form of remedy, whether It be legal or eqaitable, or whether it fall within any one of the subordinate classes of actions, as they now exist at law, but is common to them all That it oan be practioally attained in every species of controversy, so far as the mere formal and progressive steps in the conduct of suits is concerned, we will not now stop to prove. We shall reserve that portion of the system, which is one purely of detail, until we present the sped80 provisions designed to earry it into effeot. But it is necessary briefly to refer to some points in which the assimilation of law and equity procedure would seem to be attended with difficulty. The first of these is the subject of pleading. Tba distinguishing feature now existing between pleadings at law and inequity is, that In the former, the professed object is. by oonoise and formal statements of conclusions of fact, to bring the oause to a distinct issue, either of fact or of law,?while In the latter, the facts of the case may be stated without technicality, and with a minuteness of circumstantial detail tending to establish the proposed conclusion offaot in a manner forbidden by the rules of pleading which prevail In courts of law This distinctlou. so far aa equitable pteadiug Is concerned, has resulted mainly from the peculiar power of a court of equity In euforelog discovery in aid of the relief sought, and in the necessity which existed for minute detail, in order more effectually to probe the conscience of the defendant. At law, with some unlinportaut statutory exceptions, no such power exists, and heuee nothing hut conclusions of fact have cither been prruittud orrt<|Uired In pleading We propose to reduce the sja- , tew of pleadiug to one of allegation luurely. without reference to discovery, in the mode which will presently be I suggested; ho that the name form of allegation may lie ] adapted to cases which have heretofore been distiu^ttished as legal and equitable And in ord?r to pre* ent any prejudice which might otherwise result from the necessity now existing in equity for tho kind of pleading to which wo have referred, we shall present a series of enactments, providing that in all oases, either party may obtain from the other a discovery under oath of all facts neacssary to the prosecution or drfence ol the aoiion. The second point of difficulty In tlm way of thu proposal assimilation of practice, is the mode 01 trial ? l'he constitution has provided by the second section of article first, that " the trial by jury, in all cases in which it has been heretofore used shall remain inviolate I'ur ever; but that ajury trial may be waived by the parties In ail civil esses, iu the manner to be prescribed by law;" and by the tenth section of the sixth article, that "the testimony in equity cases shall be taken in like manner a in case> at law." Under these sections the Legislature have power to provide liberally for references in all cases in which that right haa heretofore existed, ax well in cases of a strictly legal character a- iu those of iin equitable nature which they deem can be more conveuientlv investigated iu that made. In refereuce to thu t-xerciMe of this pnw? r, we Intend to provide lor trial by jury Id alt c.ises In which that mode of trial can be conveniently adopted, unless waived by the parties The third consideration connected with thin subject in. the existing differences iu the form of judgine t and ttie means of enforcing it peculiar to the court* of law and equity. .luiguieuts in the former are, with very tew exceptions, o< mpensatory, while iu the latter, in a msjorlty of cases, they euibracc Hpecilic relief peculiar to each cane. It la a leading feature of our propoaed plan. to require in all cxea t judgment adapted to the eatabliahed rights of the parties; and we oan see no difficulty in Incorporating Into it, aa a portion of au uniform aystein of practice, a form ol? execution which eh&ii adapt itaelf to the judgment. Independently, therelore, of the expreaa declaration of the legislative will requiring ua to prorlde " for a uniform courae of proceeding in ail caaea whether of legal or equitable cognlzunce," we can see no difficulty, which oanuot be readily overoome, In the accomplishment of thia object; while in accordance with the direction thua given to us, we can perceive no just reason for preserving a distinction in the mod** of proceeding, the tribunal in either case being the same The Legislature, in adopting this provision, no donbt act upon the well known fact, that in many cases without reference at all to the merits of the controveray, parties had bten turned out of courts of equity, becauae they ahould have gone into courts of law, and out of court* of law, becau.se th?y should have gone into equity. They no doubt also correctly interpreted the constitution, which had abolished a separate court of equity, and transferred general jurisdiction in law and equity to the Supreme Court, when they Instructed ua to provide for a system of procedure which ahould obviate the evil referred to, and secure the protection of righta, without reference to uaneeessary and unmeaning forms. While, therefore, we thall endeavor to reoommend nothing whicn shall prejudice any substantial right, we shall devote our utmoat efforts to aid in carrying this object into effect, by reonmmendlng cautious | and well considered enactments. The next general feature of the propoiud system, Is the abrogation of the existing distinctions between forms of actions at law. We are not Insensible of the fact, that much apprehenaion has been expreaaed In regard to an Innovation which has been deemed so sweeping as thia. It would be tmpoaaible within the limits to which we must confine ourselves in this report to discuss tbe objections which have been presented to us, on this subjeot, and we shall, therelore, reserve them until It shall be presented In foyn for tbe action of the Legislature We cannot forbear adverting, however, to the faot, that, while these distinctions nave been long upheld, as supposed to be neoessarjr parts of the machinery of the law. *1 have not been able to discover any thing in them essential to the administration of justice. That they have been found convenient, in many respects, is, perbaps, not to be denied; but that they have been used to an alarming extent to defeat justice, is not less true There Is no branch of legal science embracing more abstruse and curious learning, than that which appertains to the establishment and retention of the forms of action. We shall have ocoaslon, In a future report, to refer to it with some particularity; but for the present we shall content ourselves with observing generally, tliat tb* practical operation of the rales upon this rulyect is, to require the plaintiff, at the peril of failure, to denominate bis cause of aotlon by some one of tbe arbitrary names by which the different actions are distinguished, and to bring himself, in pleading, within tbe technical rules applicable to the form of action which he has selected. If we could discover in the idea that these distinctions should be retained, any necessary oonneetion brtwoon them and the substantial rights of parties, we i should hesitate to recommend that they be discontinued. But wbau wt> look at tbe course of Ionization, botb la 1 Kngland and In thU State, by which, with a few exception* oi no practical Importance, every real action ba , been resolved Into tbe single action of ejectment, and many of tba personal actions wblcb formerly existed have been abolished or blended with otbsrs. and above all, when w? consider that it I* our duty, at no matter what coot of time and labor, to provide for abolishing every "ftirni and proceeding not necessary to ascertain and preserve the rlghta of the p^rtlfH, * d> uot f*tl at liberty to hesitate We shall accordingly propria thai no aotlon hereafter to bx commenced need be <1e?iguated in any procees. pleading or proceeding therein, by any name, form or distlnctien of aotiou heretofore known or now < listing; but that tbe only teat ol the right of the party o.mplaliilug to a remedy such an Ida oaae (ball entitle him to, aball ba whether In bis oomplaint ba nets forth a sufficient legal rlgbt, and a violation or withholding of such rlgbt by tha par!yooniplained agalnit Tba only remaining sutyect U which * propose to alluda, and one which we daem susceptible of moat tborougb reform, 1* tbat of pleading Tbe pleadings In n action, aa they are termed, are In theory, and lormerlr were in practice, tba mutual allegation* of tba parties They are designed to set forth tbe grounds <>f action ?.r i defence upon which tha partlo* respectively rely, and to prevent tb>-iu Intelligibly to tbe parties ,?od to the court by which the controversy Is to be determined; io tliat If | It appear that the parties dilTer|lu.their conclusions if Uw upon a stat? of facts alb-geit by the one and admitted by the oth"r, the matter may be referred to tha decision .! Ih>- coui* and that If a statement < f matters af fact be alleged by tha one which Is denied by tha other, the truth thereof may be ascertained by a Jury or other | proper for on, to tb? end, that the appropriate Judgmant ] my to* gi?an thereon Thate p!aa41?g?, aa bow used I , , 9 LD. Prim Two Cmnta. both at taw and in e.julty h?v? bacom* hy ?h? tubtle tie* of pleader* and the retirement b of eounti uotion, ?o te ohnlciil and llitrlnate a* to Ua*. rend-r-d It apparent t kit the end* ?f substantial Juntloe r-,,u,re th? V?tlr? abrogatiou of Ite pr- -*nt fy?tem. *ud the adoption of a net* I'lie ba*ed upon the principle on whi^h pleading waa originally founded and de*l*ned to apply to pleading* a* th? only r-taodard of tbi-ir fortnal ?nmrinn<>y thu tent whi ther they pi inly and intellig My preaent the matters in iMUd between thu ptrtira, whether tboaa matter* invol?e coueluaiou* of Jaw or of fact F?r t be accomplishment of thin object, we art) well convinced after the most thorough consideration of tha subject. no other adequate m?au* are open to us than to provide for Um entire abolition of thu t>vstsm, and the substitution in iu place of one which ahall rant upon, and at tha s*ine time fully carry out, tha objeot for whioh pleading la da signed. it would be impossible, without swelling thia report to a length unueceasary for our present purpoaa, to aat forth the abaurd tacbnioalltiea with whioh thia branoh of legal procedure haa been surrounded Their existence baa been admitted and depreoatad by Juat and enlightened lawyer* and judgea, l'rom tha earliest agaa of tho common law LeglRlation haa been reaorted to and ap..1f at... a V. ^ I Knt In va In * |>uru, -.? llir pur|ruin ui uuiihiu| iu? ? --?i until the system h?s become so burtbsnaome. oppressive ?nd unjust. as to demand, what w? are not disposed to believe the Legislature will withhold, the molt vigorous and warehing remedy That thin can be effeuWd by retaining the old system, tvi-n a* the bail* of a new on, we do not believe Thin mode of reform baa teen often attempted, and baa aa often failed How far tbia failure baa been attributable to the I veterate prejttdloes of court* and lawyers, against innovations upon a system to wbich they have clung with a pertinacity aim cat Incredible, we will not pretend to say But we feel it due to a sense of candor to remark. and in this we challenge contradiction, that the moat liberal system ot relaxation of its rigor, and the moat sweeping provisions for the disregard of immaterial defects in plead ing. which the wisdom ot the Legislature baa been able to devise, have been frittered away by construction, and have been in effect judicially repealed For ouraelvea, at least, we are not disposed to try the experiment of repairing the existing system. We believe that the true mode of attaining an issue between contending parties, is to require tnem to present their allegations in a clear, concise and intelligible form We believe that this object cannot be attained, until the present fictions, technicalities and verbiage, are entirely swept away. And we will not so far distrust the intelligence or integrity of the bench, as to suppose that they will withhold their countenance and support from a system, wbicb shall substitute common sense for it* foundation, and the administration of substantial Justice for its end. Tbo system of pleading, which we design to propose, will be substantially this - that the pleadings shall conxlst ot a declaration and an answer which shall set fortb the facts constituting the cause of action or defence, truly, in plain and oonnlse language, and in such a manner as to euable a person of common understanding to know what is intended. The Ingredient of truth in pleading to be attained by providing, in proper cases, for an affidavit at least of the belief that the facts alleged are true. All matters alleged on either side are not deemed on the other to be taken as true. No other pleading than the declaration and answer tp be permitted, excepting where new matter is set up in t^e answer, in wbich cose it may be denied by replication. In thus stating the general outline of the proposed system of pleading we feel tbat it la but juit to ourselves to say that its merit* and efficiency can only be touted by the details with which we propone to invect it, and which have not as yet bee* sufficiently considered to lie hero presented And we can only add, that we shall devote our best reflection and most faithful effort* to render it at least not an unsafe substitute for what in our judgment can neither b? retained nor amended. The result then of our pi ogress thus far, la a determination as soon as practicable to recommend to the Legislature the following proposition* :? 1 The establishment of a new system of practice and pleading instead of a plfui of amendment merely 'J. The abandonment, of the distinction between the modes of proceeding aud pleading, in eases of legal and equitable oognUance. aud the adoption of an uniform Hyftem, as applicable to iUl cases. 3. That the distinctions of forma of actions at law be no louger retained, and tbat every action rest upon It* own facta, aud the law of the oase as applicable to the rights which It involves;?Aud 4 The establishment of a new syst m of pleading, baned upon the principles wbtoh have just been stated. In conclusion, we beg to ensure your nonorable body, that we eball proceed us rapidly as the delicacy and dlffl cully of (he task we have assumed wilt allow, to the completion of the details upon which we have long been occupied, ferrying out tiie views and "Injects prrsented In thit report In proceeding towards the completion of our la >ors. w<- shall respectfully claim, as we uoubt not we will ruaully receive, the patient indulgence of the Legislature. Respectfully submitted. Ai.uanv, September-ib, 1847 Affairs i.n Canada.?Turn then to Canada, Mini tititrk here the change in public sentiment on maov lii'.bi-tf.',: It Is but vueterdav that the trade with our neighbouring Btate*. or the adml'don of their manufacture*, w*? viewed with jealousy. If Dot III fooling. Now, wo aru about to admit tbe production* of tbnlr Industry mil eiiterprlca on an equal footing with those of the mother country. Nor haa this change la our oommerclal policy beeu unarcoompauisd with a oorrespondI log enlargement ol friendly relation* In our *ooial fa brio. A marked improvement in hero perceptible alio, wbiob must, ftum th? nature of the cane, continue to Incraaaa. Many of our young and enterprising Canadian merchants have taken up their abode In tbe Ureat Metroj poll* .of < omuiorce," and continue brannbri of their firms in thin city Self Interest, the toucbatoue of all human action, will thus encoder a reciprocity of good feeling under tbe fostering hand and tbe golden links of commercial Intercourse old prejudice* will ba worn away, and In their stead new relations of friendship and attachment established and confirmed Thus, by da grees, and almost imperceptibly, will the cnn&nity of our new commercial relations of necessity work a change In publiu sentiment ; and within a few years, be who live* to see it. will confefa with astonishment the inroad* which " the Universal Yankee Nation1' will have mad* on our custom*, taste*, and attachment* It I* hardly necessary to remark that a progre** of event* such a* these, in a country bordering over a thousand miles on a people who thus, by dint of superior enterprise and (kill, subdue such obstacle*, must b? fraught with Important issues The question will likely be asked, How do these American* thus become the usurper* of our trade, and in some instances actually come Into (anada. purchase the raw material, and return it to u* manufactured. p*yi ing duty both way*, and sucoe*sfully competing with our own producers ? Nor will any answer to tbi* query explain others no less perplexing ?how laud on one *1 J* of latitude 4o can remain unsaleable at a nominal price of "is. to 10*. per acre, and right opposite, on the other aide ol tht* mere imaginary line, within gun shot, be In quick demand at as many pound* per acre' Our Tillage*, too. r MllUlb ??v MTM1 fc? IMIUK WVUt.sni.u. Rlo nay. that under any oiroumatancv* It require* bat n partial endurance of *ucb conflicting despotism on thin free continent to alienate the best affection* of a loyal people We *ay " under any circumstance* and ti"? numb worn an under Iboae wa have detailed. wlieo coupled with the Impediment* and mismanagement which aeem Inseparable from oar oolonlal system at home. and to which, wa lament to add, the Sordid and debasing administration of affair* bare, which for the lait few yaarn baa stained the hiatory of tba colony, and obstructed tba developement of Ita "nergleaM^ntrral vuot, Stpt. as. News from thk Pacific.?By tho arrival of the royal mail atfainer from Jamaica, the editor ot tba LHann Hr la Mar ma, of Havana, la In possession 0.'laten from Valparaiso t? tba 27tl? of July A law h u been prnpoeed to regulate the coinage of tba country upon the ilecimil lyotern, without excluding the praaeut cutulalintf medium \ yreat rarl ly of measure* have been Intr >duoed In.i' < imiOi-M Important local reform* and interval Improvetueot* I'h re ?> a prospect, too, that the *pe< ij>i prn il?tfe? of the deputies and Senators would be 1 abo.lsbej, tome >ln(io a lawa repval>d. tiew tribunal* cr*H'*