By the existing laws, the number of circuits and special terms in the several counties, is determined by the judges of the supreme court, not to be less than two circuits, and two special terms in each county in a The above table shews the number of those courts, as establishyear. ed by the judges for the several counties for the year 1848. With the exception of the cities, (and of Syracuse and Oswego, about to become cities,) they have established the smallest number of each of these courts, allowed by law, in each county of the state; hence it will be seen, that the number of courts is now virtually fixed by law. The county court judges also determine the number of terms to be held by them respectively, and designate so many of them as they may deem necessary for jury terms, not less, however, than the number of jury courts as established by law for the late common pleas. Whether the number of jury courts has been increased, we have no means of knowing, but it could not be diminished. It was therefore safe, for the purposes of the above table, to take the number of jury county courts under the old system, as within the limits, and in that way it has been compiled.

As the law now stands, equity cases are triable at a special term before a single judge, and actions at law are triable at a circuit court, to be held at a time distinct from the special term, before a single judge. Actions, both at law and equity, are triable at courts of common pleas, (now called county courts,) at other distinct terms.

The whole number of these courts required to be held in the state, in a year, including common pleas of New-York city,) is 474.

We propose to combine these trial courts, and to have the circuits and special terms held at the same times, before the same judges, and to require the issues in ordinary actions now triable in the county courts, to be also tried at the same circuits, and by this means, to reduce the whole number of trial courts in the state, from 474 to 227.

We, however, require the county courts to hold six terms a year; but without a jury, except, when in a special proceeding, a jury shall become necessary. These cases are of such rare occurrence, that it was deemed best to allow a special jury, to be summoned in analogy to the present practice in cases of insolvency, lunacy, &c.

§ 61.

ERRATA AND AMENDMENTS.

Add at the end-" and except also that in the city and county of New-York a judgment, the transcript whereof is docketed in the office of the clerk of the county, shall have the same effect as a lien, and be referred in the same manner as a judgment in the court of cemmon pleas for the city and county of New-York."

§ 222.

§ 225.

§ 233.

§ 236.

§ 191. Strike out "a judge of," in the third line; after "brought," in the fourth line, insert, "or by a judge thereof," and at the end add, "and when made by a judge may be enforced as the order of the court." Second line strike out "by," after "filed," and insert "with." In note under this section, strike out "159," and insert “227.” After "202,” in the parenthesis insert, "and by section 337." First subdivision, line second, strike out "thereof."

§ 237.

First line, after "roll," insert "upon a judgment.”

§ 243.

Strike out “Only,” and insert after “issued,” “to any county within the jurisdiction of the court."

§§ 247 and 248. Exchange places with each other, and strike out "thus taken" in the former.

§ 267. Transfer the last sentence that is, "and hereafter no fee shall be paid for any service of a judge of either of those courts," to the end of $ 41.

§ 281.

Insert "of the" before "order," and make last "order" read "direct."

§ 283. Add at the end-"such undertaking or deposit may be waived by a written consent on the part of the respondent."

§ 290. Add at the end, "The sureties must have the same qualifications as bail, according to section 169."

§ 299. "Supreme" should read "same."

§ 324.

Second line, insert "the" before "appeals," and after "appeals" add, "mentioned in this chapter."

§ 350. Strike out the last "as."

§ 360.

§ 390.

Strike out "or on an attachment for a contempt."

Change "389" to "390;" insert "that" before "where," in last line but two, and in the next line for "title" read "section."

Page 251. Strike out the first "it," and insert instead, "if his testimony be wanted

in another."

Page 261. In the second bracket insert "the court at," before "the next;" strike out of the court," and insert instead "thereof."

Page 262. Remove the note "N. B." to the bottom of page 261.

Page 263. In fifth line from the bottom strike out "first," and insert "second;" at top, remove "judgment roll on failure to answer," and place it before " mons," on page 262.

sum

Page 264. At top in brackets, strike out "summons," and insert "complaint." Page 269. Under reply, strike out “defendant did not pay the note mentioned in thecomplaint as he," and insert, "charge published was not true as the defend ant."

tate of New-York.

State

IN ASSEMBLY, MARCH 31, 1848.

Resolved, That thirty times the usual number of the amendments which were made by the Senate, and which have been concurred in by the Assembly, to the bill entitled "An act to simplify and abridge the Practice, Pleadings and Proceedings of the Courts of this State," as reported by the Commissioners to the Legislature, be printed for the use of the Legislature; and that the Printer to the Legislature be directed to print the same in document form, similar to the original Code; and to bind the same at the end of such numbers of the said Code of Procedure as have not yet been delivered to the Legislature. By order.

PHILANDER B. PRINDLE, Clerk of the Assembly.

IN ASSEMBLY, March 31, 1848.

AMENDMENTS,

Made by the Senate and concurred in by the Assembly, to the Code of Procedure, as reported to the Legislature by the Commissioners on Practice and Pleadings.

Page 2. Amend § 2, to read as follows:

§ 2. An action is a regular judicial proceeding, in which a party prosecutes another for the enforcement or protection of a right, the redress or prevention of a wrong, or the punishment of a public offence.

Page 3. Amend § 8, to read as follows:

§ 8. This act is divided into two parts.

The first relates to the courts of justice, and their jurisdiction.

1