Page:Compiled Laws of the State of North Dakota 1913 vol I.pdf/11

 PREFACE TO REVISED CODES OF 1905

In publishing this volume of the revised codes of North Dakota it is deemed proper to give briefly a sketch of the enactment and codification of the codes of the territory of Dakota and state of North Dakota.

The legislative assembly of the territory of Dakota at its first session in 1862 adopted a code of civil procedure taken from Ohio. In 1868 this code was repealed, and the code of civil procedure of New York was adopted in its place. At that session there was also adopted a code of criminal procedure. This code was repealed in 1869 and a code of criminal procedure that had been prepared by a New York commission for that state adopted in its stead. This code was again amended and re-enacted in 1875. A justices' code was adopted in 1862, which was repealed and a new code adopted in 1863. This was again repealed in 1866, and another complete code on the subject enacted. A penal code was adopted at the second session of the legislative assembly in 1863, which was repealed in 1865 and the code drafted by the New York commission for that state, adopted in its place. A probate code was adopted in 1865. A civil code taken from that prepared by the New York commission was adopted in 1865, and took effect January 12, 1866. The New York commission referred to was composed of David Dudley Field, William Curtis Noyes and Alexander W. Bradford. It was created in 1857 and reported to the New York legislature in 1865. Of these the penal code alone became a law in that state and it was not adopted until 1882. The territory of Dakota was the first English speaking community to adopt a codification of its substantive law.

In 1875 an act was passed providing for a commission of three to revise and compile the codes of the territory of Dakota, which commission consisted of P. C. Shannon, Granville G. Bennett and Bartlett Tripp. They prepared the revision of 1877. In 1887 E. W. Caldwell and Charles H. Price were appointed commissioners pursuant to chapter 83 of the laws of 1887, and prepared the compilation of 1887, known as the compiled laws. This compilation was in 1889 declared by the legislative assembly to be admissible in the courts of the territory as legal evidence of the statutes therein printed.

Upon the admission of the state of North Dakota it became necessary to adapt the laws then in force in the territory to the constitution of the state, and harmonize the various laws passed by succeeding sessions of the legislative assembly since the revision of 1887. Under chapter 82 of the laws of 1891 the governor appointed as commissioners R. M. POLLOCK, P. H. ROURKE and J. G. HAMILTON who upon organization appointed J. F. PHILBRICK secretary. This commission reported to the legislative assembly in January, 1893, showing in detail those provisions of our statutory law which should be continued in force and those which should be repealed. No legislative action was taken upon this report, but chapter 74 of the laws of 1893, passed at the same session, authorized the appointment by the governor of a new commission on codification, and CHARLES F. AMIDON, BURKE CORBET and GEORGE W. NEWTON were appointed as such commissioners. On organization they appointed CHARLES J. FISK as secretary. When the legislative assembly convened in January, 1895, this commission reported bills providing seven different codes, which comprised the entire statutory law of the state. A special joint committee of the house and senate was appointed, to whom all