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Civil Practice Act, Civil Practice Rules and Consolidated Laws
PREPARED BY THE
BOARD OF STATUTORY CONSOLIDATION
JOHN G. MILBURN
CHARLES A. COLLIN
J. B. LYON COMPANY, PRINTERS
Simplification of the Civil Practice by the Board of Statutory Consolidation
To the Legislature:
We have the honor to submit herewith a revised draft of the Civil Practice Act, Civil Practice Rules and Consolidated Laws, reported to the legislature April 1, 1915.
This report contains the legislation enacted since the previous report of the board including the legislation of 1918 and brings the report down to January 1st, 1919.
The principle of regulating procedure by a short practice act and rules of court recommended by the board in its previous report has been approved by the State Bar Association, the Association. of the Bar of the City of New York, the New York County Lawyers' Association and by other bar associations of the state.
The intermingling of substantive and adjective law in the code of civil procedure and the intricate, ambiguous and obscure phraseology of its provisions makes impossible a satisfactory revision without the rewriting of nearly all of its practice provisions.
The evils inherent in our present system of practice and the defects of the code of civil procedure cannot be eradicated by a mere shifting of the provisions of the code and a patchwork amendment of some of its provisions.
An actual revision of the practice along the lines proposed by the board with the removal of substantive provisions to consolidated laws is absolutely necessary to a complete reform.
The board prepared a rearrangement of the practice provisions of the code in 1914 and found that the material was only useful as the basis for working out its present plan.