1860.] OF THE HOUSE OF DELEGATES.           83

one or two of the declarations cannot be applied in practice
at all. And from the uncertainty of the scopes of many of
the forms of pleas, the law in relation to the admissibility of
evidence will in some cases be mere guess work. The whole
chapter is an unpractical contrivance to carry into effect an
impossible purpose, to wit: to make the simplified forms con-
sistent with the use of the old system of pleading, and ena-
bling the pleader to choose at pleasure, the old or the new
forms. The chapter, if made law, must, it seems to the un-
dersigned, produce in practice a confusion which can only be
remedied, by either restoring the simplified system in its
integrity, or by going back, against the command of the
Constitution, to the old system.

Though the simplified pleading and conveyancing do not
belong to the simplifiers, yet the merit of having framed
them, if merit it be, does belong to them; and it is not only
their right, but it is their duty, to present to the considera-
tion of your honorable body, the damage which the codifiers
have done to the simplified pleading and conveyancing, and
thereby exonerate themselves from the responsibility of see-
ing a scheme fruitful of mischief wearing the guise of their
work, presented, with hundreds of other matters, to the Leg-
islature for approval, without making any protest.

The undersigned, not having had the opportunity of con-
ferring with his colleagues, presents this communication to
your honorable body, on his own responsibility, as one of the
simplifiers, and asks of your honorable body the simple jus-
tice of having it placed on the journals of the respective
Houses, as a vindication hereafter of the undersigned from all
responsibility for the chapter on pleading, inserted in the
volume already noticed.

All of which is respectfully submitted to the justice and
the magnanimity of your honorable body.

SAMUEL TYLER,

Commissioner.

Frederick, Md., January 11, 1860.
On motion of Mr. Ford,

The House adjourned until to-morrow morning at eleven
o'clock.