The duty thus charged on the commission was completed and the Code of Civil Procedure 99 was filed in the office of the secretary of state, July seventeenth, eighteen hundred and seventy

seven.

To the session of eighteen hundred and seventy-eight the commission reported nine chapters supplemental to the Code of Civil Procedure, which were passed, but returned to the legislature by the governor without his signature, and not again taken up. The commission also reported an act relating to fees, salaries and other compensation of officers connected with the administration of justice. Their final report was accompanied by the draft of "Part IV., relating to crimes and criminal procedure." In this they made extended use of the "Code of Criminal Procedure," reported in eighteen hundred and fifty, and the Penal Code reported in eighteen hundred and sixty-five.

The term of the commissioners expired by limitation and the revision of the statutes again came to an end.

In the legislation contained in chapter four hundred and fortyeight of the laws of eighteen hundred and seventy-six as amended by chapters three hundred and eighteen and four hundred and sixteen of the laws of eighteen hundred and seventy-seven is comprised the practical results of the labors of the commission of eighteen hundred and seventy. The only work that survived, as a law, was the Code of Civil Procedure, usually called the "Throop" Code, which replaced the "Field" Code of eighteen hundred and forty-nine as the practice act of the state.

After thirty years of effort to carry out the provisions of the constitution of eighteen hundred and forty-six, the only legislation that resulted from the able and exhausting labors of the various commissioners to revise and codify the substantive and adjective law of the state, was the adoption of the " Code of Procedure " in eighteen hundred and forty-nine, which was superseded by the "Code of Civil Procedure" in eighteen hundred and seventy-six.

In the year eighteen hundred and eighty, by chapter one hundred and seventy-eight of the laws of that year, chapters fourteen to twenty-two, inclusive, were added to the Code of Civil Procedure, since which time the code has continued substantially unchanged (L. 1890, ch. 95; L. 1897, ch. 419) for nearly thirty years, until the removal of substantive matter was effected by the board of statutory consolidation in nineteen hundred and nine.

The "Code of Criminal Procedure," reported in eighteen hundred and fifty by the commission of eighteen hundred and fortyseven, not meeting with the approval of the legislature, and the "Penal Code," reported February fifteenth, eighteen hundred and sixty-five by the surviving commissioners of eighteen hundred and

fifty-seven not proving acceptable, both remained in abeyance until the session of the legislature of eighteen hundred and seventy-nine. At this meeting, the two Codes, after a careful revision by David Dudley Field, James Emott and Benjamin K. Phelps, passed both branches of the legislature. They, however, did not receive the approval of Governor Robinson.

In the year eighteen hundred and eighty a bill was introduced in the assembly constituting James Emott, Benjamin K. Phelps and Augustus Schoonmaker commissioners to prepare and report to the legislature, at that session, a Criminal Code. The failure of the bill was foreordained, two of the commissioners named having been concerned in the revision of the codes, which as above stated, failed to receive the governor's approval.

In the year eighteen hundred and eighty-one the two codes came again before the legislature. The Code of Criminal Procedure, which had waited at the gate of legislation since eighteen hundred and sixty, passed both houses and was sent to the governor. He approved it, and it became chapter four hundred and forty-two of the laws of eighteen hundred and eighty-one. The Penal Code passed the assembly by a large majority, but on reaching the senate was tabled by a tie vote. It finally passed, and on reaching the governor, was approved. It had remained on the waiting list for sixteen years, had passed the senate twice and the assembly three times, and had once received the disapproval of the executive before it became a part of the statute law of the state as chapter six hundred and seventy-six of the laws of eighteen hundred and eighty-one.

On May fifth, eighteen hundred and eighty, an act was passed (L. 1880, ch. 170) whereby the governor, by and with the advice and consent of the senate, was authorized to appoint three persons as commissioners to compile and revise all statutes of the state of New York affecting banks, banking and trust companies. which should be in force at the time such commissioners should make their report. The following year, the time for making the report was extended to eighteen hundred and eighty-two. The compilation and revision contemplated by these acts was submitted to the legislature of eighteen hundred and eighty-two, and was passed July first, eighteen hundred and eighty-two (L. 1882, ch. 409). At the session of eighteen hundred and eighty-three the legislature, by concurrent resolution, reciting that William Dowd and Willis S. Paine, commissioners appointed by the governor to revise the banking laws, having made their report and revision, and such revision having been enacted, conveyed the thanks of the legislature to the commissioners named for the services rendered.

The seventh edition of the Revised Statutes appeared in the year eighteen hundred and eighty-two and the eighth edition appeared in the year eighteen hundred and eighty-nine. Both of these editions were private publications under the editorship of Montgomery H. Throop.

In the year eighteen hundred and eighty-six the Code of Evidence, a lineal descendant of a part of the proposed "Civil Code,' came before the legislature. On the adjournment of the legislature, this code was one of the three hundred and fifteen acts left in the governor's hands for final action. Opposition to the act had been strenuous and unceasing, and every advance made by it in the legislature was contested. The governor, before acting, gave a hearing to the advocates and opponents of the bill, James C. Carter and others arguing against it, while David Dudley Field appeared in its favor. The action of Governor Hill was against the code.

Under the authority of chapter five hundred and twenty-two of the laws of eighteen hundred and eighty-eight, Howard Crosby, Daniel G. Rollins, Gallus Thomann, Denis O'Brien, James S. Smart, Frederick W. Kruse and Max D. Stern were appointed, as commissioners to revise, simplify, arrange and consolidate all of the statutes of the state in any way relating to the disposition, use or sale of ale, wine, beer and intoxicating liquors in force at the time when the commissioners should make their final report.

In the year eighteen hundred and eighty-seven (L. 1887, ch. 124) the governor was authorized to appoint three commissioners, two of whom were to be judges or ex-judges of the supreme court, and one of whom should be an attorney and counselor-at-law of twenty years' practice, whose duty it should be to examine the Code of Evidence submitted to the legislature the previous year and to report the same to the next legislature, within ten days after its opening, incorporating therein such changes, alterations and amendments as, in their judgment, might be deemed essential and proper.

Under this act Justices David L. Follett and William Rumsey and David Dudley Field were appointed commissioners. Justice Follett remained a member of the commission until the first draft of the proposed code was prepared, and then resigned, owing to the demands made by his duties on the bench. In the year eighteen hundred and eighty-eight (L. 1888, ch. 99), the time of the commission was extended to the fourth Tuesday of February, eighteen hundred and eighty-nine.

On the submission of the proposed code to the legislature, in February, eighteen hundred and eighty-nine, the joint judiciary committee gave it a hearing and reported it. It passed the legislature, but died in the hands of Governor Hill.

Under the title of "The Revised Statutes, Codes and General Laws of the State of New York" in the year eighteen hundred and eighty-nine, Clarence F. Birdseye, also the author of a chronological table of the statutes of the state of New York, issued a private compilation of the general statute law of the state, adopting an alphabetical arrangement of subjects and captions.

The use of the title "Revised Statutes " in the various private editions above mentioned led to confusion and uncertainty. Not only was there a multiplicity of citations, but the name ceased to have a specific meaning. At the time Judge Edmonds began the preparations of his "Statutes at Large," the "Revised Statutes " contained numerous instances of confusion, uncertainty, incongruous legislation and ambiguous arrangement. Commenting upon the condition in which ambiguous legislation had placed the statute law, as contained in the " Revised Statutes," Judge Edmonds says: Within the thirty-two years which have elapsed since the Revised Statutes went into effect, acts have been passed that do, in fact, but not in terms, repeal some parts some that repeal in terms and enact a substitute which is not made a part of the Revised Statutes some that repeal what is inconsistent' with the new enactment some where the Revised Statutes are altered as to certain localities, extended to some new place or some old place exempted from their operation many instances where by subsequent events portions are rendered inoperative - some where the titles say the enactments are in addition to, or amendatory of, the Revised Statutes, yet those, Statutes are not even alluded to in the enactment and, frequently, alterations are made without any reference to the former law."

STATUTORY REVISION COMMISSION OF 1889.

The confusion and uncertainty of the statutory law referred to by Judge Edmonds as existing at the time of the publication of his "Statutes at Large" in the year eighteen hundred and sixtythree increased from year to year thereafter and the legislature of eighteen hundred and eighty nine, sixty years after the enactment of the original Revised Statutes, becoming impressed with the seriousness of the situation, upon the recommendation of Governor Hill authorized the appointment of a commission to consolidate and revise the general statutes of the state.

Under the provisions of chapter two hundred and eighty-nine of the laws of eighteen hundred and eighty-nine, Governor Hill was authorized to appoint three competent persons as commissioners to prepare and report to the legislature bills for the consolidation and revision of the general statutes upon the following subjects:

"1. Conferring powers of local legislation upon boards of supervisors, and the local authorities of towns and villages, and prescribing the rights and powers thereof.

2. Providing for the organization, government and control of corporations except banks, banking and trust companies, and municipal corporations.

3. Providing for the collection and assessment of taxes, and the exemption of property from taxation throughout the state. 4. Relating to the poor."

The commissioners were directed to submit a printed report to the legislature in the month of January, eighteen hundred and ninety, and were permitted to prepare bills for the revision and consolidation of such other general statutes as they might consider most in need of consolidation and revision.

Under the law Governor Hill appointed Isaac H. Maynard, Charles A. Collin and Eli C. Belknap, commissioners, and they began their labors June fifth, eighteen hundred and eighty-nine. The general plan adopted by the commission for the work in hand was:

1. To embody in a single chapter, or series of chapters, all the laws relating to a single subject, so that the entire law relating thereto might be easily ascertained, and that each chapter, or series of chapters, might stand on its own merits and be separately considered.

2. To fit each law into a clearly defined system, so that a continuance of similar work upon the general statutes would not involve a reconstruction of the work previously submitted, but that all should be parts of one consistent whole. (Senate documents, 1890, No. 24.)

The name "General Laws" was adopted for the complete revision as being capable of easy abbreviation and to avoid confusion with the Revised Acts of eighteen hundred and one, Revised Laws of eighteen hundred and thirteen and Revised Statutes of eighteen hundred and thirty.

Other members of the commission during its existence besides those above named were Daniel Magone, John J. Linson, Charles Z. Lincoln, William H. Johnson and A. Judd Northrup.

Under the authority of chapter ten hundred and thirty-six of the laws of eighteen hundred and ninety-five, Governor Morton appointed the statutory revision, commissioners then in office, Messrs. Lincoln, Johnson and Northrup commissioners of code revision.

This commission, having previously been authorized to report such measures as they "deem expedient" became vested with all the powers of former commissions appointed under the constitution