Code is a revision of the Prussian laws, published by Fredericlc the Great 1749-51, and revised after 1780, but not in force until 1794, was intended, according to its preface, to obviate the difficulties of the Roman codes, the disputes of the commentators and the contradictions between Roman and Ger man law. It has been subjected to many changes.
Codes in the United The first in portant experiment with a code in the United States was made in Louisiana, which State, originally a French colony, afterward ceded to Spain, ag-ain returned to France, and subse quently acquired by the United States from France, has had many changes of law. After the United 5tates acquired Louisiana there arose a strong demand for a code, owing to the great confusion of laws. In 1806-08 a code was adopted, but only to supersede the ancient laws when they conflicted with it. A complete civil code was adopted for the State in 1824, which had for its basis the Code Napoleon, although some provisions of the common law were injected into it.
The most important code ever undertaken in the United States is the one which was pre pared for the State of New York many years ago under the guidance and supervision of David Dudley Field. This code, although pub lished, and having forrned the foundation for many of the codes adopted by the various States, was never accepted by the legislature of New York. As early as 1839 David Dudley Field advocated and urged the adoption of a code by that State. The revised constitution of New York (1846) ordered the appointment of two commissions: one to reduce into a system the whole law of the State, the other to revise and simplify the rules of pleading. Both commis
sions were appointed by the legislature in 1847. The commissioners to revise and simplify plead ings and practice made a report on 27 Feb. 1848, which contained an incomplete code of civil procedure and practice in the courts of record. This report was immediately adopted by .the legislature, but the complete codes of civil and criminal procedure were never adopted. On 6 April 1857 the legislature cre ated A new commission to prepare codes. The commissioners named were David Dudley Field, William Curtis Noyes and Alexander W. Brad ford. After some eight years they reported a code—or rather three codes—which was never adopted, although reported favorably by the committees of several legislatures.
The code of civil procedure of the David Dudley Field commission formed the founda tion, and was largely adopted in the codes of Ohio, Indiana, Missouri, Wisconsin, Iowa, Minnesota, Kansas, Nebraska, Nevada, Cali fornia, Oregon, North Carolina, South Caro lina, Washington, Montana, Alabama, the Da kotas, Wyoming, Utah and Arizona, and it is the basis of the present codes of civil and crim inal procedure in the State of Nevi York, which are codes of practice and pleading, as distin guished from a code of substantive law. The principal feature of the Code of Civil Procedure as adopted by these States was the fusion of law and equity and the simplifying of the written pleadings.
Lams P. CLOVER.