New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-02-14
political civil and penal and to them the Commission

Of the state and the political rights and duties Of n
persons subject TO it, Jurisdiction; the SECOND d'hneu
the territory Of the State and us riv % ~"
the functions OF its pnbc officers us puDc way s
general police and evil poty ana the ionrib real "
TIE local government 81 c0uhlieS. ci'vs WV
villages The draft having been made. WAS distributed
nony the Judges and other competent persons 'or e2
animation; and after that the Conmssione's recAah'
ined their work md considered sHeh SieEes'oh, Il,
had been made them and the whole ~ iliaIy agreed
upon by them reprinted and distributed 10 the
aud other officers before beng presented 10 INC
legislature The political code mus dr1"h nIu ~,
yised wns presented 10 the Leg slaurc on the IOih 81
few vs. aterwurd, by an act passed on the 10th OF
Anil 1860 they were requested to prep re- Door o'
ferns adapted 10 the code OF civil procedure. lhis
outy was peI formed BY Them and the required forms
were submitted to the Legislature on the Both OF March,
le6l
prepared the draft of the Civil Code, distributed II to
lie Judges and Others for examination and On tie I'd 81
Alr lt6i they In ike manner. dist bnted the dIaIt
of The Pencil Code Having reexnmiHed these Two
codes and considered such suggestions M had been
mad, they have finally revised and agreed upon them
The Penal Code is he ewith laid upon the tables Of TIE
members Of the Senate and Assembly the Cyil Code IS
~ the lands OF the printer md viii shortly be cr1n.
p,e'ed and in like manner ni nslrd to the members Oi
TIE two Houses Tut rs the tenn ofoil Of the Commits
sinners viii expire before tie close OF the present SC son
&C The Legislature IL j. not possible Ia make the required
distribution among tie judges. Surrogacs and Cunt,
Clerks IN time fur the more formal rfesentiion 81 tho
Civil and Penal Codes 10 the Legislature for adoption.
The Penal C,de thus prepared defines all tie Cimes io
which according Ia the law ~ a is State, rersons can
be Iunishrd aid the puDs neI ior tie sane. IL pie
paiiuE II the COMMISSIONERS Kept tie following objects
view tIft. IN bring within the compass 81 single
volume the whole body Of the law Of crimes aud punish
n ents; c0nd To suppl, Deficiencies and correct errors
in the present definitions Of crimes third f. make tho
relative degrees of punishment mere nearly equal to
the relative degrees Of crime; ana OuiA. 10 celnc ana
punish acts deserving Of punishment, Tut not punish
abe ~ tie existing law.
TleCy' Code Was required to embrace TIE laws OF
personal glts md relations Of property ard o "a
10 1t las four general divisions the fist relating
TO persona he secotd 10 properly tie third 10 "hifa
tons erd tns fourth containing general PROVISIONS re
ntnr 10 these a.lrTrt GuhcCis. In tie execution 81
lis var, undeTthh luz he Commissioners lave oudca,-
ped 10 bri ogeilnr and arrange IN order al tue
grgral rules knuwn tuOD law upon the SUBJECTS con
iel with. tles score ~ Nch code, TeIcc NJ thosc
hch IA obsolete or unsnttDte 10 our piesrnt condl
IN and AIDING such Others ns tppHred hrc'fsnh OF
irsirale The first division II VIII he seen' dehhes
civil condiiinn Of different persons III me Sihte
,lphs min, T.. reitnus OF unsuund mind, ana Indians;
rr,.,,,s th.if pcr,nLg iigts; dee.afes their per
onI rclailors NICER tie various tnlFs 81 u"lrii1c
iiyorce. husbau0. Hlfe, parent cru eu1I"lnn
b ard master ga servant IL" recon" -, MN = :"
ans = lows respecting Ir1lerJ real hid p itpnh,
c various inter- - cttrtr- t'ftiu. TIE uuurs Z,
icaui,itiOG by otcupsLcl accession transfer M;n or
tccSsior tie r,siiictions on alienation ana eftuhu.
alton tie conditions ana QUALIFICATIONS % cUnershf.
iscs and powers the making. erpctaion ri eSrcu-
ion If wills ard vafinns spsci provisions rIiilns 10
a!p raiints copyright slinpinS ana tie rul's oi na'i
.aton. The una division tmhT1cts tIc Nh'' hutg''t
4 uhiirltipns whether rtslng from co tract OF Tue
,persi on # Iag their definition inrpTrttuon tTlhF'
cr md extinction. whether hy performance 'hrr oil
peri ru3ncr, prevention O. leI'im.Lcf "I
rb act pud confederation ui cOutiactf the parties
rrrf, a.. tier consent. whriirr ilrriN gwen ol
,ltlu,d by dntess. cnace. fraud undue aurhce or
mistake. ana after & csc fcutTr suiyti-. u' p'Hlc'-
lar subjects considered OF lr r@cb'A,r' 1'pN'n'
"a hiring, employment. ferric', enrinTe' ,rs''
agency partners ~. Insurance, indemnity sllrits ",
i',ds iuoftg re lien aud coamer' "a! per- De
VISION specifies the different kinds "i ftil'l hh"l'
ior the violation of rrate rights aud The uoar' o
securing their observance waiter oonP,I'sd'p'E'
.nrcfc or lrcycutite, and the mceslfr 81 dhhni'''
compensation Is the rule Tbs di'ls 'h c'n'Hh
l-u prov sIon' concerning the specih reli'i'hi .,
debtor aud creditor. and Concerning nn-hncrr anu
NUM- rates and expl1nn various m.f'Is :" lttis
lluaeu-' In all this immense range of sublecit Nhhr
has been ID" general purpose oi the
Ia give tie law II exist, they have Kept ~ nlh
re Injunction of the tonstiiuuon u sp"tiiy tuch
alterations and amendments therein NJ they shn jeen
pfuper.' Ia Incidence u tins communal oi Tue organic
NV they have SPECIFIED various alterations and amend
ment.. which they consider proper to lc adopted
Those are mentioned IN tie notes 10 TIE an rent zee
tions where tie iea-os Tor irco"'ronont 'nsa h,e
ye 10 refer 10 the notes ~ cnsrycs. To dcini th'm
here would swell his report "a m Procurement lyh
and therefore three ouly Will be mentioned. II TIE
hr.t division the Conn itsoncis have enocaFwtG 10
rrgrr the equal rights II married women an rep 81 Z"
heir children ana their properly. adj h'hs ~ tbe
same time both dover ana cuitcsy ana th.t Lafc III
tfotuccd an article on adoption by WHICH Ihcl nave
D,oyidod that tue substituted parent may hhNo al tue
Iicbts and be subject 20 oil the responsibilities 81
he real one. who having once VoIuhtHriy ieHoihc'
n rental rights should not ne permitted Ia resume
,n non the AFFECT ons nave into tie new icla
ton In the second division The Commissioners have
AIMED at an asslraiion to the utmost extent possible
Of In. laws of real sud personal properly! DY icducny
,b, law Of real estate To the sin plcitt of eToha
a hrver il could be done without the distdl bH &C OF
eI .tins rights, establishing l0r both tic sao rules OF
Succession.
TIC Commissioner, will not presume 10 think tlat In
the Of the Codes they have "Irsron ali the
cases which can sriso IN the nudrous aiia rs 9" men,
or that thcy have even collected all the geIeIbi
rules which have lecn announced rom thr
bench in the past history 81 our hw' ''otne may
lace been overlooked; some may nave Deeh
omi,ted from o mistaken belief that thry
we're obsolete inappicable ~ our present conan ION
or contrary to other rrl,h 81 greater InpO'e,
that ought 10 be retained Al thai the 'Ohiaaouc1b
u,oiss that they have endeHyored Il collect ttor
General rules known - our law which ore Hpphcio 20
our present circumstances aud ought TO be continued
They Tust tnnt they have arranged these Inie' ~
manor which will he approved by the scientific student
vii c il will help u lawyer and the citizen 10 AZ eHs,'
IL not better knowledge OF The law. And they hn'ter
that fI the unforeseen cases which are GER
ain "a arise there are general principle fueb oi IN
tcrprctation and snalOgcs. which VIII serve w guie
for Judicial decision. 1T, .
o,e,,ion between written and unwriiten law. That
ths was ever debatabe Is one of the most Tenarkabic
iacts in the history Of Jurslrudrncc II ho dN Is
ng To- b. ooeycd il is tlin, to bo Known. and INT -
to be known sierc be no better not 10 say no "tLef
method OF making it known than by writing and pub
fishing it, liza written Constitution is dtslfaDc 80 are
written laws TAe sauio ieasons which aieci te one
affect alfo the otler. 1hOTe may be couDir"e
Ahere the conflicts between the different orGels 5
in the Sat. render written definition "'
their relauye rights dilheut or an lnlpos
slble task and there. Of cour,e. written cons,i'
tuition is not likely to be stempted and because writ
ten constitution is No; thought desirable. written laws
y, .,n,.c cd ia be undesirable These reasons, hoG.
ever have no application ~ this country. We have 10
orders in The s,sc cla OF society clasLins WIN
each other Tue will Of the people IL the supreme ia"
that will u fifty exproJscd ~ u, Srtten t9Isuin'
to1 and heir written laws /. should Eeeui. Indeed, to