The principle underlying this report of the board and its earlier report, of a short practice act and rules of court, is that along which procedural reform is being carried on in the states of the Union where the subject is under consideration.

In presenting this report the board reaffirms and emphasizes the two fundamental principles upon which its former report was based, to wit,

1. The regulation of procedure by a short practice act and rules of court.

2. The separation of procedure and substantive matter and their regulation by separate statutes or rules.

The time when the civil practice act becomes operative if adopted, to wit, July 1, 1920, has been placed sufficiently far ahead to enable (1) the proposed convention to revise the rules and (2) the legislature to revise the distribution of substantive matter in the consolidated laws before the new practice takes effect.

The civil practice act does not apply to courts, actions or proceedings regulated by other statutes, but the act can be extended to such courts, actions and proceedings whenever the legislature shall deem it advisable to so provide.

Reference is made to the former report of the board for explanatory notes of changes made in the practice.

In the preparation of this report we have had the assistance of Mr. Justice Rodenbeck.

We respectfully recommend the adoption of the report and the enactment of legislation necessary to give it effect.

JOHN G. MILBURN, Chairman,

ADELBERT MOOT,

CHARLES A. COLLIN,

Board of Statutory Consolidation.

Dated February 1, 1919.