Proceedings and Committee Reports Volume 32

Proceedings and Committee Reports Volume 32

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 edition. Excerpt: of legal evolution. While the most strenuous advocates of the Code theory were unduly impatient, and the opponents of the Code theory were unduly conservative, the work of embodying commonlaw principles in the written law, was steadily going on, but in piece-meal fashion, which is the only practicable and wise method. The enactment of the three Codes, the Penal Code and the Codes of Civil and Criminal Procedure, was perhaps all that should have been expected, and they stand as a worthy monument of the great man who was their chief sponsor; but he attempted to accomplish in twenty years what should be the work of a century. The Field Codes, so called, were not the only revisions reported. The period from 1860 to 1890 is strewn with the wrecks of revision commissions. The reason for their failure is now apparent. They attempted to do too much at once. In the meantime, however, the necessity for a revision of the remaining body of the general statutes outside the three Codes, already pressing in 1846, was becoming each year more urgent. The natural struggle for revision, barred in its regular courses, had been working by devious and circuitous routes. Single acts to revise and consolidate the laws upon single topics were becoming the fashion. The Assignment Act of 1877, the Banking Code of 1882, the Mechanics' Lien Law of 1885, the Prison Law of 1889, are familiar illustrations of a semi-unconscious effort on the part of the Legislature to meet the necessities of the situation without a complete and formal revision of the statutes, which had been despaired of and apparently abandoned as a practical impossibility. In 1887, a special message of Governor Hill to the Legislature concluded as follows: " The system or abuse of...
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Product details

  • Paperback | 198 pages
  • 189 x 246 x 11mm | 363g
  • United States
  • English
  • black & white illustrations
  • 1236972937
  • 9781236972934