CODES Or PuocEntRE. The embarrassment ex perienced as a consequence of the technical char aeter of the common-law procedure led to various attempts at reform by legislation. The earliest, of these was directed toward a simplification of the system of pleading, and has been referred to under that title. In IS4S the Legislature of New York adopted a civil code which was intended to be a complete codification of procedure both in law and equity. The New York code served as a model for similar legislation in many Other States, while most of the remaining States, though nominally not code States, have so tar revised their systems of procedure as to have systems substantially like the codes of procedure. ()wing to the inherent difficulties in acceptably codifying a system so complex as the law of procedure. the codes have required frequent amendment and revision. despite which they are still found to have perpetuated many of the faults of the eonunon-law system.
The following are sonic of the more important changes effected both by the codes and the various statutes enacted for the purpose of reforming procedure. All formal distinetions between the procedure at law and in equity have been abol ished, and while the methods of trial in the one case by a jury and in the other by the court have been preserved, the same court sits both as a court of law and a court of equity. Inter locutory or provisional remedies have been cre ated by which in certain cases the plaintiff is enabled to procure a preliminary writ of attach ment directed against the property or person of the defendant pending the litipation. Provision
is also made for various motions to correct or amend the pleadings and for examination of witnesses and parties before trial; and• the law relating to injunction and receivers is frequently regulated wholly by statute. Various provisions are also made to aid in the enforcement of usually by way of supplementary proceedings for examination of the judgment debtor and the appointment of receivers to collect sums due to him and apply them in satisfaction of the judgment.
As already suggested, most of the States have adopted codes of procedure or a reformed pro cedure substantially like the codes in which the law and equity system have been amalgamated and simplified as far as practicable.
Consult: :Martin, Ciril Procedure at Common Law ( 1809) : Clark, Science of Lam and Lau, Making: Daniell, Pleading and Practice of the High Court of Chancery (6th Amer. ed., Boston, 1894) ; Shims, Equity Practice in. the United States Circuit Courts (241 ed., 189S) ; Henry, Admiralty Jurisdiction., and Procedure (1885) ; Bishop, The Late of Criminal Procedure (4th ed.. Boston, 1895) ; Elliot, Criminal Procedure 914 England and Scotland (London, 1878) ; Elliott, Appellate Procedure ( Indiana pol is,1892) ; and the woks referred to ander (_'on.ioN LAW; EqUITY; CODE; ADMIRALTY LAW; PLEADING; etc..