The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1886-07-02

lime into Itslv In IA, same manner
il was impose d by the w. Y Oh the con-
queror in Westphalis in ~, ~ 'ne
city OF Dantzig, in the Primo, any y, u
and in Russian Pols uo "a
1908, ia Holland and in the GiNaEo
Duchy of Berg in 1902, in FIaukfo,-t
the Hansestic Deps rtments and the
Duchy of Anh8lt in 1910, 10
Baden aud in the Kingdom OF lllyria
in 1911. From all these countries IL
was expelled on the downfall OF the
power save from that part
OF the Graud Duchy OF Berg situated
on the light bank of the Rhine, part
of Baden, Holland and Russian Po-
land. 1t Is also in force in Belgium.
Codes very similar to the Code Nap
oleon have been adopted in Hayti, in
the Ionian Islands, 10 louisiana and,
as we have seen, in certain Swiss can
tons. The Code Napoleon has also
been adopted in Turkey insofar as net
inconsistent with local customs and
the precepts OF the Koran. 1t has
been cop ed almost literally in Walla-
CHA and in Moldavis. Since its adop-
ton it has been frequently amended,
but the amendments are not 80 ex-
tensive as perhaps might have been
expec ed from the length Of time that
it has been in force and the many
changes that have taken place in the
government and in the political con-
dition OF the French people.
IN INDIA THE PENAL CODE
drawn up by Macaulay and presented
to the Governor General in 1887 did
not become q law until 1860. The
code of civil procedure was adopted
in 1859 and q code of penal procedure
followed in 1861, At present civil
Gods is being prepared and various
chapters of it are being enacted. In
Japan a civil code has been adopted in
recent years and it is said that sim
liar work is in progress in China,
IN BOLIVIA
civil code was adopted in 1913. Civil
codes wtrs also adopted in the Argen-
tine Republic in 1856 l,and in Guatemala
in 1878. In 1871 a civil code was en-
acted in the State of Mexia which has
been adopted by nearly all the other
States of the Mexican Republic.
Whatever hes been done in the way
of codification in the English speaking
countries, where the common law pre-
walls, has been largely due 10 the Ia
bors Of Mr.. David Dudley Field, whose
name has already been mentioned
and who Tor period of nearly forty
wears asst past has devoted much Of
hi, time { the cauee with uDtlapgtng
energy, sustaiued by unusual zeal ana
ability. He procured clause to be
inserted in
THE CONSTITUTION OF NEW YogK or lSi(
providing for codiiic alton OF both thu
substantive and remedial law, undo,
which two commissions were created
by the Legislature, one having for 1t
object the preparation of codes OF civil
and criminal procedure, and the othe
the preparation of a code of the sub
stantive law. The code of civil pro
cedure, partly enacted in lS4S, wa
completed in 1850. The psual cod
went into effect on the 1st day OF De
cember, 1882. The civil code, Ieporte
to the Legislature in 1866, has twic
passed both houses of that body, bu
mas been in both Instances vetoed b
the Governor. On the question as t
the propriety of its adoption, the pre-
fession in ewYork, as is well known
is much divided in opinion, and it n
ours practically at every meeting
the Legislature. The civil code, thu
rejected in the place OF its origin, he
been, however, adopted in CslitoIni
and in Dakota, In Georgia civ
code, prerared by a commission con
/, posed of three jurists, was adopted
! 1882, and remains in force.
: IN ENGLAND,
{ although there has heen a world
a controversy on the subject OF II
a codification OF the common law, mott
. ing in practical way has been dol
: up to this time. In 1866 commissio
!. created by Parliament, was directed
!, prepare special digeets OF three
a lected branches OF the lsw,with vie
n 10 ultimate codificstion. Their actic
i was such as to delay the work OF I
form indefinitely, for in 1872 the mel
y bers reported that it was not advisat
> to take the proposed action in deta
i but that general digest OF the who
II law should be undertaken. Tn
Il were discharged, and their recol
y mendation was disregarded. But,
% the English iudicature act OF 1873 t
" code of civil procedure OF New 70
y was substantially re.euacted. As
/. piece Of remedial legislation that co
. NAV be considered as one OF the me
y important and successful OF mode
IA times. With slight notifications it
~ now in force, also, in twenty four
N our States and Territories, and in the
10 States and Territories where 1t has I
N been introduced its influence has be
;s such as to do swsy,in large measu
u with the unmesniug technicslit
that charac 'erizs the common law e.
TEN OF sps cial pleading, that last, M
10 persistent and damaging relic OF
IN scholastic subtleties OF the logic oil
n. middle ages.
n. CODES not REPEALED.
as Mr.. Field, in some remarks ms
he before the American Bar Associate
90 asserted that there was no instal
es. where any country had ever adop
Ia a code, and had afterward repealed
in The speaker no doubt intended
sia limit his assertion to cases where CO.
of have been voluntarily adopted; for
have seen, the Code Napoleon
,27l been expelled from several count
ID. into which it had been introduced
q military conquest. In the same '
re- the Code of Civil Procedure Of \
de YORK, adopted in the State OF FloI
lAl DUNG the period Of reconstruct
ely was siterward repealed when the
le, construction government came &c
i'm end.
led COMMERCIAL CODES
nv, Orr own country is perhaps
It'll only one in the civilized world wi
1as has no commercial code. Latt
eu some effort has been made to have
enacted by Congress under the eli
in the Constitution authorizing
on body 10 enact laws regulating the
any merce between the States. ReceI
the also, Mr.. Justice Miller, OF the
nch nreme Court Of the United State
ion a paper published in the American