, 1879-01-26

organization; the differences between law and
equity exist no longer, equitable rules having
secured a precedence over those Of law; forms
Of action technical and legal fctious
no longer hare place in the laws of England
Even the work OF codidcation Is being pressed
with all speed consistent with proper e1ecu-
tiou OF the work. The new trlmlna! Cote pre-
pared by Sir James Stephen, one OF the most
radical measures ever submitted to Legislative
boiY was introduced anu Endorsed by the At
torney-Geueral, aud its enactment at an early
day is conceded. This will undoubtedly be fol-
lowed bv the codifcatlon OF the other branches
of the English law.
The first movement towards codifcation in
any American State, OF which have any knoWl-
edge, was made in Massachusetts in 1855. Com
missioners were appointed bv Gov. Everett un-
Instructed TO "take into consideration the
praeticabiity and expedieucy OF reducing to
written and systematic code the common Law OF
massachusetts, or any part thereof, anu to re-
port thereon to the next Legislature; subioln-
ing to their report plan or plans OF the best
method ~ which such reduction can be At
complished-" The Commissioners consisted OF
tue tue Hon. Joseph Story. the Hon: Simon Green
1,,o1 1eal, 1he Hon. Theron Metca1f,, Charles E.
foroes, Esq., aud Luther 4. Gushing, ESQ.,
1 names familiar now to every American lawyer.
The report Of the Commission, FROM the pen Of
Judge Story, is distinguished for its candor,
thoroughness, and ability. While the Commis-
sion was OF opinion that q perfect coue for So
clety in tile transition state was impractieabe,
it was declared to be both possible aud
desirable to reduce the settled principles and
rules to . systematic statement. The move
ment produced reforms In pleadinrs and prac-
tice similar to those adopted in England ia
1853 and 1855, us we'll as q more systematic
statement OF many branches OF the Law. The
work accomplished, however, did not realize
the hopes OF Story and his associates.
Nx.tt FS1fi- hYr pn1cf tS1tfr
ed in 1916 required the Legislature to appoiut
Commissioners, s:whose duty it shall be to re-
wise, reform, simplify, and abridge the rules and
practice, p1eadings, forms, aud proceedings Ut
thereon to the Legislature" The Legislature
OF lS47 complied with both requirements Of the
Constitution. Some of the members OF the
Board, charged with the duty OF reducing the
whole body uf the law to systematic code,
died, others resigned, aud none 1snn made any
was abolished In 1851 it was re-
modelled, aud, as reorganized, was
vas composed OF David Dudley Field. William
Curtis Moves, and Alexander w. Bradford In
compensated labors, . Political Code, Civil
Code, aud q Penal Code. For fourteen years
these reports have laid upon the tables Of the
two branches Of the General Assembly, and but
little Il any progress mas oee% maze IN tnee
composed Of David Dudley Field, Arphaxad
Loomts, and David Graham. The several re-
ports Of this Commission we're enacted IN 1850.
The Commission observed both the letter and
spirit OF the constitutional requirements. The
system OF practice by then reported and b. the
Legislature enacted has since been perfected by
judicial construction aud Legislative revision.
Its principles constitute the basis OF systems OF
practice adopted in q majority OF the States and
gland.
In 1870 the Legislature OF California directed
the appointment Of Commission which should
be charged With the duty Of preparing code OF
laws for that state to be reported to the Leg1s-
appointed were tie Hon. Greed Haymono. the
Hon. john c. Burch, and the Hon. john H. Nc
Cune. The codes reported BY Field, Noyes, and
Bradford, OF New York, were adapted to the
statutes and decisions then in force in California
that Is, made to conform to the existing laws
Of that State. The report thus made was re-
vsed, the Advisory Board consisting Of the
Hon. Charles a. Tuttle and the Hon. Sidney L.
Johnson. Thus perfected it VAS enacted, and
contains the body of the Law OF that State to-
day. examination Of the California Code
shows that it is much more complete in detail
than the one upon which it was modeled.
Deiarare, MARYLAND, Virginia, Iowa, and seV-
eral other States hare adopted codes in which
the statutory law was arranged on q 1ogfcsf in-
stead OF an alphabetical plan, but in none OF
these has it been attempted to incorporate the
entire body of the settled law, OF reform the
settled and complicated style Of composition
which has been created BY the exceeding great
caution of the lawyers.
A writer In the IS Encyclopedia Britannica y
questions the ability Of popular Government
to frame code. It is true that the codes OF
Theodosus, justinian, Frederic, and some Of
the Others mentioned, were the productions ot
Imperial Governments, and that the Code NJ
poleon was PROMULGATED by q Republic don,t-
mated By the gecius Of one man. 1t must be
however, that the rc@olut1oo III
France, which made law reform possible, was
the popular movement of the age. The
English Government is monarchy III
form, Republic in reality. In Englal:I
the whole Of the common law is being reduced
to concise aud systematic statements as rapidly
rs the magnitude OF the enterprise will permit.
The California Code Is the production of Re-
publican State
The objections to codifcation Of the com-
mon law and the distractions which lie in the
way Of the work will be hereafter considered.
but it may be remarked now that it Is difficult
10 discover in them anything peculiar to pop
ular Governments.
That which is being accomplished In England
md has been in California ia practicable In 1llt-
lois ".