Excerpt from The Law Magazine and Law Review, or Quarterly Journal of Jurisprudence, Vol. 28: August, 1869, to February, 1870
The general system and character of the Code will appear from the above review. We have next to draw attention to the mode in which it deals with former Penal Statutes, which is somewhat remarkable. These Statutes constitute, of course, a vast mass of legislation, which is superseded by the Code. Yet there is no general repealing clause, such as we are accustomed too see in English Acts of Parliament. Indeed few, if any, laws are expressly repealed at all. The reason given by the Commissioners for taking this course is, that, in numerous cases, penal enactments are so intermingled with provisions relative to civil rights and remedies, that there would be great danger in attempting to disentangle them. They have therefore adopted the following course. They provide by sec. 2, to be quoted below, that from the time when the Code takes effect, no person shall be punished criminally, except as provided by the Code or by some Statute, which the Code expressly specifies as continuing in force. Then in sec. 786 they enumerate the Statutes (mostly of a Special or local character) which are intended to be continued. The effect is that, while other Statutes will remain unrepealed and in full effect, so far as civil rights and remedies are concerned, courts of criminal jurisdiction will be forbidden to enforce them, in so far as, before the adoption of the Code, they authorised criminal punishments.
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