The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-05-06
The Merits of the Proposed Civil Code.


The Civil Code Of the State Of New York
recently passed by the Legislature but
vetoed by the Governor, is by no means the
same enactment as the new Code Of Civil
Procedure concerning which there has been
50 much discussion OF late years. Tho latter
relates solely to methods Of proceeding in
the courts. or what lawyers call remedies.
The Civil Code, on the other hand, relates to
rights. II is systematic statement in
writing Of the positive law OF this State con-
corning the civil rights and obligations Of
men as private individuals. II is intended
TO embody the existing law. whether hith-
erto set forth in statutes or only declaredby
courts in decisions applying the rules OF the
common or unwritten law TO the facts Of
particular cases. In other words the Civil
Code is designed to tell the people Of the
State In plain language, easily understood,
just what the law is. so far rs their private
civil rights and duties are concerned.
The desirabiity OF a simple statement OF
the whole body Of our law has long been
recognized. BY the Constitution OF 1916 the
Legislature was directed to provide for the
codihcation OF all the laws Of this State. A
Code Commission was appointed, which UNI
but was finally composed OF DAVID DUDLEY
FIELD, ALEXANDER W. BRADFORD, and
WILLIAM CURTIS MOVES. These gentlemen
prepared Civil Code which was essentially
tho same rs that Just vetoed by the Gov
ernor. IL 1866 II was reported TO the Lcgis-
lature, which, however, at that time was in
| disposed 10 adopt any code, aud no action
was taken upon it.
In the recent controversies concerning the
revision Of the statutes by the Commission
OF which Mr.. MONTGOMERY II. THRooP was
| a prominent member, the excellence Of this
| Civil Code was brought to the attention Of
legislators at Albany; and at the present
session n special committee Of the State Sen
ate determined TO report it as the best pos
sible revision of the laws relating to civil
| rights. This Committee made various
amendments rendered necessary by statutes
enacted since 1865. and thus amended the
code was passed by both Houses.
1t Is intended TO go into effect on May 1,
| 1850. In substance 1t is, as stated by the
| Committee an analytical and compendous
digest OF the laws OF this State rs they now
stand. There is n wise provision, however
in one Of the sections, that II there be any
rule Of law omitted from the code and not
Inconsistent herewith, IL shall continue "a
exist in the form in which il now exists.
By the constitutional provision under
which the Code Commissioners acted they
we're empowered TO specify such alterations
and amendments IN the law rs they should
deem proper. While then, the general pur
pose which they kept in view was TO make
the code statement al the law as IT exists
they proposed some changes. These wcr,
mainly in the direction OF securing equa
rights TO married women and simplifying
the laws OF real property But some q
them do not meet the approval OF Gov
ROBINSON. The Civil Code deprives tn,
husband Of all interest in his wiies real ol
personal estate, and at the same time abol
ishes her right OF dover The Governor
believes, however, that the people arr
opposed to the abolition Of the right o
dover. He condemns the privileges which
the Civil Code gives TO adopted children
though they are precisely what any maj
may now grant by will, and he objects L
the proposed definition OF actual fraud
which the Civil Code provides shall Away
be n question Of fact. His objection to TIN
repeal Of the present law of dover Is Ger
tanly worthy Of respectful consideration
but it is TO be hoped that the provisions q
the Civil Code on this subject will not pro
vent the enactment of so important a meas
ure. The Legislature can either pass Tn
Civil Code as it is, leaving it open for amend
mcnt in the year which must elapsc befor
any of it will go into effect, or can strike GU
the sections relating to dover altogether
1t is a familiar legal maxim that ignoranc
Of the law excuses no man. Every persO
in the community is presumed to know tn
law, and must govern his acts accordingly
In view Of this fact it ought to be rcgarde
not only as expedent but obligatory upo
the Legislature to place the laws before tn
people in such form as TO be accessible an
Ineligible. A praiseworthy effort TO d
this has been made in the passage Of tn
Civil Code, It's few defects can so easily b
remedied by immediate excision or futur
amendment that they ought not to stand i
the way Of its final enactment at once.
Anniversary Week.
We are in the middle OF the week whe