E. T. Lovatt, of New York:

I move the report be received and printed.

J. Newton Fiero, of Albany:

(Carried.)

Mr. President, I move that we now proceed to the discussion of the questions embraced in the report of the committee, with regard to Code Revision and Statutory Revision.

The President:

(Carried.)

The meeting is now open for discussion of the second and third questions considered in the report. I should be very glad to recognize any one who will open the discussion. Mr. Fiero will open the discussion.

J. Newton Fiero:

Mr. President, I should be very glad indeed if some other member of the Association would open the discussion, but, as you have requested me to do so, I will offer a resolution which will put in concrete form my views upon the subject, and which is a substantial reiteration of the views expressed by the Association a year ago. It is as follows:

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Resolved, That the legislature be requested to provide for the completion of the work of revising the statutes, and for full examination and proper action as to the revision of the Code of Procedure by a commission to be selected by the Governor, the members of which shall serve without compensation; and that this Association earnestly recommends that no action be taken with reference to code revision until the subject be fully examined, and the proper recommendation made by the commission so to be appointed."

I want to detain you a moment by a very brief reference to the manner in which the present commission was appointed, and as to what it has accomplished. I am under the impression that very little is known by the bar generally with reference to the manner in which the commission was first appointed, the reasons for its continuance and and the progress of its work. The necessity for statutory revision has arisen by the lapse of time since the enactment of the Revised Statutes, which went into effect about 1830, and formed at that time the most complete and systematic body of statutes in existence. Very many of these statutes have been repealed, a larger number amended and new statutes enacted relating to other and independent interests, entirely destroying the symmetry of the plan upon which the Revised Statutes were enacted, and rendering it difficult to determine what laws remain in force, these conflicting enactments by different legislatures being scattered through the session laws of the last sixty years. No official edition of these statutes has been issued for a very long period; although it was attempted by private enterprise to engraft the amended statutes upon the Revised Statutes, thus creating great confusion. This state of affairs became so serious that in 1889, by chapter 289 of the laws of that year, the Governor was authorized to appoint three commissioners to report a plan for the consolidation and revision of certain specific general statutes, with authority to report other statutes which they might consider most in need of revision. Under that act Charles A. Collin, Isaac H. Maynard and Eli C. Belknap were appointed such commissioners. This commission was continued from year to year, and its powers somewhat enlarged, appropriations being made from time to time for the carrying on of the work. The personnel of the com

CODE REVISION AND STATUTORY REVISION. 195 mission was changed by the death of Mr. Belknap and the resignation of Mr. Maynard. John J. Linson and Daniel Magone were appointed their successors in January, 1891, and the commission as thus constituted, Professor Collin remaining one of its members, continued until 1895, when the present commissioners, Messrs. Lincoln, Johnson and Northrup, were appointed.

In January, 1892, the commissioners submitted an elaborate report to the legislature, consisting of four volumes of proposed laws, with very carefully prepared notes. They also gave a schedule of the chapters required for a complete revision according to the plan adopted by them, intended to embrace all the general laws of the State, fifty in number. So early as that date the commissioners say that, "Nearly the entire available time of the commissioners during sessions of the legislature of 1890 and 1891 was occupied by consultations with committees and members of the legislature, in drafting and revising various bills upon their request, and in hearing and considering questions and arguments regarding bills reported or in progress of preparation by the commissioners." They add, "The legislature of 1891 also charged the commissioners with the reprint of the laws of the Colony of New York, which will be made the subject of a separate report. Had it not been for such interruptions, the commissioners would have been able to report to the present legislature the revision complete."

It will be noted that at this early date almost the entire work of the commission as planned had been carried to completion in one form or another, only six chapters remaining for revision. (Report of Commissioners, page X.) Some of the statutes reported, however, were crude and incomplete, and very many of them were not acted upon, so that the work of the commission continued

and by chapter 24 of the Laws of 1893, additional power and authority was given to the commission by a section added to chapter 8 of the General Laws. (Legislative Law.) This section is as follows:

"Section 23. Duties of Commissioners of Statutory Revision. It shall be the duty of the Commissioners of Statutory Revision, on the request of either house of the legislature or of any committee, member or officer thereof, to draft or revise bills, to render opinions as to the constitutionality, consistency or other legal effect of proposed legislation and to report by bill such measures as they deem expedient. (Added by L. 1893, chap. 24.)

In carrying out the scheme entered upon as detailed in the report referred to, there does not appear to have been either enacted, or presented to the present legislature, six chapters of the fifty intended to complete the work, viz.: "The Political Divisions Law," "The Enumeration Law," "The Personal Liberty Law," The Civil Service Law," "The Assignment Law," and "Law of Wills." These, consequently, remain for revision.

This is substantially the same number of laws, although not the same laws that were reported as remaining undisposed of in the hands of the commissioners in 1892. This fact does not indicate that the commission has accomplished nothing during that period, but seems to show that the legislature has been exceptionally slow in adopting the results of its labors. Much of this hesitation may reasonably be attributed to the fact that very many radical changes have been made in the statutes as they now stand, which have not, in many cases, met with the approval of lawyers and legislators.

The Political Division Law and the Enumeration Law are necessarily brief. The Assignment Law has lost much of its importance by reason of the enactment of the Bank

ruptcy Act by the Federal Government. The Civil Service Law has been amended and revised independent of the action of the commission, leaving as the main topic for revision, the Law of Wills. In addition, however, to the laws provided for by the plan in 1891, the commission has reported chapter 44, the Benevolent Orders Law; chapter 49, the Lien Law; chapter 51, The Partnership Law. Of the General Laws forming part of the fifty chapters of the original plan, the Tax Law and the Game Law have been drafted by independent commissions, the former by Messrs. Fiero and Collin, and the Game Law by a commission to which Mr. Fiero acted as draftsman. The Negotiable Instrument Law was submitted by the commission to secure uniformity of legislation in the different States. There are, however, other statutes which require immediate and careful revision, notably the Laws of Receivers. A bill was prepared by the commission and presented to the last legislature, but failed to receive its assent. It requires careful examination and amendment as it is one of the most important laws connected with the administration of justice, and one most frequently brought to the attention. of the courts.

In addition there is the important matter of a thorough and careful examination and revision of all the statutes which have been enacted, and the preparation of official volumes which shall contain those laws in the form which shall be ultimately passed upon as final and authoritative.

There will be much labor involved in the examination of these statutes with a view to avoiding the existing conflict and repetition, and to bring about a proper co-ordination of the several chapters so that each subject will be fully treated and not trench upon any other. This work could probably be done to much greater advantage by