Speaking of the Code of Procedure of 1848 Throop said: "It was a prominent feature of the plan of this Code to convert special proceedings into actions, so far as that could be done without impairing rights or weakening the efficiency of former remedies." The special proceedings that remain in the present Code of Civil Procedure are relics of the old practice and the practice in them should be made to conform to the practice in an ordinary action. It is as confusing to have several kinds of proceedings each adapted to a particular form of relief as it was under the common-law practice to have SO many forms of actions from which the practitioner was bound at his peril to make a selection for his particular case. In the English jurisprudence a mandamus is an action: "The plaintiff, in any action in which he shall claim a mandamus to command the defendant to fulfil any duty in the fulfilment of which the plaintiff is personally interested, shall endorse such claim upon the writ of summons." (Yearly Practice of Supreme Court (England) for 1912, Vol. 1, Order 53, Rule 1, p. 746.) The English practice act provides: "All actions which, previously to the commencement of the Principal Act (Judicature Act, 1873), were commenced by writ in the Superior Courts of Common Pleas at Westminster, or in the Court of Common Pleas at Lancaster, or in the Court of Pleas at Durham, and all suits which, previously to the commencement of the Principal Act, were commenced by bill or information in the High Court of Chancery, or by a cause in rem or in personam in the High Court of Admiralty, or by citation or otherwise in the Court of Probate, shall be instituted in the High Court of Justice by a proceeding to be called an action." (Yearly Practice of Supreme Court (England) for 1912, Vol. 1, Order 1, Rule 1, p. 2.) The recently adopted practice act of New Jersey provides: "There shall be but one form of civil action in the courts of common law, which shall be denominated an 'Action at Law,' but this shall not apply to proceedings upon Prerogative Writs; provided that subject to rules, a writ of mandamus may be awarded in such an action. The process and pleadings in all actions shall be according to rules of court." (Practice Act (N. J.), 1912, § 3.) Specification b Joinder of Causes of Action The practice should provide that any cause of action or counterclaim may be set up subject to a direction by the court for a separate trial of any issue where it may be deemed expedient or necessary. The Code of Civil Procedure provides: Joinder of Causes of Action and Counterclaims "The plaintiff may unite in the same complaint, two or more causes of action, whether they are such as were formerly denominated action, so as to enable the Court to pronounce a final judgment in the same action, both on the original and on the cross claim. But the Court or a Judge may, on the application of the plaintiff before trial, if in the opinion of the Court or Judge such set off or counterclaim cannot be conveniently disposed of in the pending action, or ought not to be allowed, refuse permission to the defendant to avail himself thereof." (Yearly Practice of Supreme Court (England), 1912, Vol. 1, Order 19, Rule 3, p. 222.) The recent practice act and rules of New Jersey provide as to joinder of causes of action: Joinder of Causes of Action and Counterclaims "Subject to rules, the plaintiff may join any causes of action." (Practice Act (N. J.), 1912, § 11.) 66 Subject to rules, the defendant may counter-claim or set off any cause of action. He may, and when required by the court shall, issue summons against any third party necessary to be brought in; but, in the discretion of the court, separate trials may be ordered, or if the counter-claim cannot be conveniently disposed of in the pending action, the court may strike it out." (Id., § 12.) Joinder of Causes of Action (U. S. Equity Practice) "The plaintiff may join in one bill as many causes of action, cognizable in equity, as he may have against the defendant. But when there is more than one plaintiff, the causes of action joined must be joint, and if there be more than one defendant the liability must be one asserted against all of the material defendants, or sufficient grounds must appear for uniting the causes of action in order to promote the convenient administration of justice. If it appear that any such cause of action cannot be conveniently disposed of together, the court may order separate trials." (U. S. Equity Practice, Rule 26 in effect February 1, 1913.) Specification c Joinder of Parties The joinder of all parties plaintiff and defendant claiming an interest in the subject of the action, whether jointly, severally or in the alternative, should be permitted subject to an order for a separate trial as to any party and to suitable penalties in the discretion of the court for misjoinder, and no action should be defeated by a nonjoinder or misjoinder of parties and new parties should be added and parties misjoined should be dropped by order of the court at any stage of the case as the ends of justice may require. The following are some of the provisions of the Code of Civil Procedure on the subject of the joinder of parties limited by the provisions relating to the causes of action and counterclaims that may be joined in an action: Joinder of Parties (N. Y. Practice) "All persons having an interest in the subject of the action, and in obtaining the judgment demanded, may be joined as plaintiffs, except as otherwise expressly prescribed in this act." (Code of Civil Procedure, § 446.) "Any person may be made a defendant who legal or equitable, or both, where they are brought to recover as follows: "1. Upon contract, express or implied. "2. For personal injuries except libel, slander, criminal conversation or seduction. "3. For libel or slander. 4. For injuries to real property. 5. Real property, in ejectment, with or without damages for the withholding thereof. 6. For injuries to personal property. "7. Chattels, with or without damages for the taking or detention thereof. 66 8. Upon claims against a trustee, by virtue of a contract, or by operation of law. 9. Upon claims arising out of the same transaction, or transactions connected with the same subject of action, and not included within one of the foregoing subdivisions of this section. 10. For penalties incurred under the forest, fish and game law. 66 11. For penalties incurred under the agricultural law. 66 12. For penalties incurred under the public health law. "Eut it must appear, upon the face of the complaint, that all the causes of action, so united, belong to one of the foregoing subdivisions of this section; that they are consistent with each other; and, except as otherwise prescribed by law, that they affect all the parties to the action; and it must appear upon the face of the complaint, that they do not require require different places of trial." (Code of Civil Procedure, § 484.) "The counter-claim, specified in the last section, must tend in some way, to diminish or defeat the plaintiff's recovery, and must be one of the following causes of action against the plaintiff, or, in a proper case, against the person whom he represents, and in favor of the defendant, or of one or more |