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April 12, 1864.
OF THE COMMISSIONERS OF THE CODE.
To the Hon. the Legislature:
The Commissioners of the Code, appointed by the act of April 6, 1857, beg leave to make this their eighth
They have already presented to the Legislature drafts of two of the three Codes which they were directed to prepare and submit, viz.: the Political Code and the Civil Code. The former of these has been distributed, as directed by the act of appointment, and has been revised by the Commissioners, and reprinted and reported complete to the Legislature. The latter has been printed and distributed; but the revision of the draft yet remains to be completed by the Commissioners.
They now submit to the Legislature a draft of the Penal Code, the third and last of the system contemplated. It is designed in this Code to define all the crimes for which persons can be punished by the judicial tribunals of this state, and to prescribe a harmonious and just system of punishments for the same.
It was at one time thought that the subject of prison discipline might be incorporated in the Penal Code; the Commissioners have, however, doubted whether it would not be more convenient that this topic should be embodied in a distinct statute. It is their purpose to prepare a draft of such a statute before the final revision and reprinting of the
Penal Code; and it can then be either incorporated in the Code, as the last chapter thereof, or separately submitted to the Legislature, as may be thought expedient.
The Commissioners refer to the preliminary note prefixed to the draft of the Penal Code, as containing a general outline of the objects which they have kept in view in the preparation of the work.
All which is respectfully submitted.
NEW YORK, March, 1864.
DAVID DUDLEY FIELD,
STATE OF NEW YORK.
The Commissioners of the CODE, appointed by the Act of April 6, 1857, beg leave to make this their SIXTH
At the session of the Legislature held in 1860, the Commissioners were requested to prepare a BOOK OF FORMS, adapted to the CODE OF PROCEDURE, with a view to its sanction by the Legislature.
This work they prepared. and after submitting it to the examination of the judicial officers of the state, and also of many of the legal profession, they reported it complete to the Legislature, at its session of 1861, with such amendments and additions as had been suggested.
The book has now been two years before the public, and the forms which it contains have been freely used in the courts. We are not aware that, in any instance, they have been held