The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-04-26

was not completed until about one year later The
penal code completed in 1910 and the code OF pro
cedure in 1906 / have not been able to ascertain
how many commissioners were employee in preparing
these three codes. at what time their lapors COM
msnced nor have na 1ne I, as nentionea ceasa
OF the French law But from the unfayorabe opinion
expressed by Lerrninier infer that they bear no COM
parson, in point of merit, TO the other TWO codes
Spain has a code of commerce, adopted in 1922 which
was prepared by commissioners In ABOUT mteeh
months but in compiling they had the benefit OF the
commercial code of France as a model although many
OF It's provisions are variant The last revision o ln'
statutes of this State, occupied the commissioners eh
In framing code for this State very little assstance
can DO obtained from any OF the foreign CODES as @
common law differs from them in so many impor,ens
particulars The only essential aid therefore wien
the commissioners of the code will have from the aposs
OF Others on the subject will be frem the partial
cation of the statute law as contained IN the revssa
statutes of this Satea work highly credtaoe 10 those
who engaged in its formation, either as comms-
Upon full examination of this subject, have salts
fled myself that it would be impossible for me TO per-
form my part Of the labor of forming such code a:
should consider it my duty attempt to compile, in
less time than five six yearsdevoting twelve hours
day to that business exclusively and that Is a.
much mental labor the human intellect ~
generally capable of enduring for any considerape
length of time The different parts OF the code prepar
ed from time to time and which arc susceptible OF Ill
vision may be presented to the Legislature for ADOPTION
as they completed by the commissioner
But to frame code that the different parts thereoI
will harmonise with each other 1t is very desirable, II
not absolutely necessary that those to whom its prepa
ration IL intrusted in the first place shouu po continues
In Office until the whole work Is completed If praotcs-
ble and those engaged in the labor should DO required
to devote their whole time and attention TO that opecS
alone A compensation should, therefore, DO allowed,
which will induce members of the bar who are in iuli
and successful PRACTICE to give up their professional %
sness entirely, while engaged in the discharge OF TINS
duty that the whole work may be completed with the
least possible delay and the course pursued in rea
ton to the civil commercial codes Of France OF sub
hitting of the different parts of the code to tho
Judges the superior courts for their examination ana
thereon and thon revising the draft before
it was submitted to the legislature for adoption mad
been directed by the statute have no doubt 1t would
have added greatly to tho value Of the work.
One objection to the law organizing the commission,
which related myself only understand was promptly
obvated by the Legislature soon rs 1t was suggested
Others however remain upon which the Legislature
have expressed opinion and which cannot ask them
to change have, therefore, thought 1t my duty TO
signify my intention of declining the ONCE ut once to
enable them to supply my place in tho commission d
ring the present session. contemplated by the consul
tuition Permit me- however, to say in conclusion that
though have thought proper to accept this stua
ton which has been rendered to me with such una
nimy by both branches of the Legislature shall ever
retain grateful remembrance of this renewed evidence
Of the confidence of that portion Of my feowctizens
am with respect and esteem,
Yours, &C.,
II. Fl. WALWORTH