Page:Revised Codes of the State of North Dakota 1895.pdf/5

Rh reported to the legislature of 1872 four codes, the civil, political, penal and civil procedure, and the same were adopted March 12th, 1872, after having been revised by a joint committee of the legislature. "Adopt the codes and amend them afterwards," was the motto of the commission and of the legislative committee. The codes were to go into effect January 1st, 1873. In June, 1872, a commission was appointed to examine them and propose amendments for the consideration of the next legislature. Stephen J. Field, then a justice of the supreme court of the United States, was appointed one of the members of this commission. The commission organized at once and worked steadily at their task until October, 1873, when they reported to the governor what is known as "The Report of the Examiners of the Codes." This consisted of a draft of four acts, one to amend each of the codes. Their proposed amendments to the civil code covered eighty-eight pages, to the code of civil procedure one hundred and eight pages, to the penal code twenty-three pages and to the political code twenty pages. These amendments were adopted in 1874. The codes as thus amended, are the ones which are now familiar to the profession in this state.

In the early days of the territory of Dakota, the legislative assembly was as active on the subject of codification as the most ardent reformer could ask. Hardly a session passed during the first ten years-and the sessions were then annual-in which one or more codes were not introduced and adopted. These codes were taken either from those prepared by the New York commissioners, or from other states in which codes based on the work of the New York commissioners, had been adopted. The following is a record of the various enactments of this kind:

A code of civil procedure taken from Ohio was adopted at the first session of the legislative assembly in 1862. In 1868 this code was repealed and the code of civil procedure of New York adopted in its place.

A code of criminal procedure was also passed at the first session of the legislative assembly in 1862. The code thus adopted was repealed in 1869 and replaced by the code of criminal procedure prepared by the New York commissioners. This code was again amended and re-enacted in 1875.

A justices' code was adopted at the first session of the legislative assembly in 1862. This was repealed at the next session of the legislative assembly in 1863 and a new code adopted in its place. This again was 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. It was repealed in 1865 and the penal code drafted by the New York commissioners adopted in its place.

A probate code was adopted in 1865.

The civil code prepared by the New York commission was adopted in 1865, taking effect January 12th, 1866. The territory of Dakota was the first English community to adopt a codification of its substantive law. It has been quite generally supposed that California took the lead in this matter. This is a mistake, however, as the civil code was not adopted there until 1872.

All the above codes were adopted by the legislative assembly of Dakota without any revision by a commission and with only such adaptation to the other laws of the