§ 13. (General Survey, Sec. 13.) Purpose of this

chapter.

(Note: This chapter is concerned with the subject of the form which the law, in its expression, takes. If it is thought desirable to study unwritten law' before studying 'written law' (as many believe to be the more logical) of course that can be done.)

§ 14. (General Survey, Sec. 14.) Written law.

Case 11. Blackstone's Com., Cooley's Ed., Book 1, Sec. 3, page 85.

"Let us next proceed to the leges scriptae, the written laws of the kingdom, which are statutes.

*

*

The

though

oldest of these now extant and printed in our statute books is the famous Magna Charta doubtless there were many acts before that time, the record of which are now lost.

*

* Statutes are either general or special, public or private. A general or public act is an universal rule, that regards the whole community. Special or private acts are rather exceptions than rules, being those which only operate upon particular persons and private concerns.

*

"Statutes are either declaratory of the common law or remedial of some defects therein. Declaratory where

the old custom of that kingdom is almost fallen into disuse or become disputable. Remedial statutes

*

*

are those which are made to supply defects, and abridge such superfluities in the common law, as arise either in the general imperfection of all human laws, from change of time and circumstances, from the mistakes and unadvised determinations of judges, or from

any other cause whatsoever."

*

Question 11: (1) What is a statute? A general statute? A special statute?

(2) What is the relationship of statutory law to the common law?

(Note to Case 11: Written law, so called because it originates in written form, includes not only statutes, but any written document having the force of law, as treaties and constitutions. Written law is the law made by a lawmaking body or power, as distinguished from common law, called unwritten law, the origin and nature of which is explained in following sections.)

§ 15.

(General Survey, Sec. 15.)

Codes.

Case 12. 37 Canadian Law Times, 177 (1917).

"The term 'Code' has various significations even in jurisprudence. In Roman Law it is used more particularly with reference to the great works of Theodosius and Justinian. It was Justinian's ambition to make unnecessary any reference, elsewhere than to his own work to ascertain the law. But the Books of the Roman Emperors were not codes in the sense in which the term has been used since the Napoleonic Code was promulgated in 1804. This definition of the word is given in the new Oxford Dictionary 'A systematic collection or digest of the laws of a country or of those relating to a particular subject.' This definition is wide enough to include a revision or consolidation of statutory laws. Yet the term is used generally, I think, in late years to indicate not only a systematic but exhaustive collection of laws and involves the ideas of concisement and simplicity. It is in this sense and with these modifications, justified by

usage that I employ the term. Mere revisions or consolidations of statutes are not codes or intended to be such. Our Criminal Code, though called such in the act, is not a code, but a compilation or consolidation."

Question 12: What was the famous Roman Code? The other great historical code? In what two ways is the word "code" employed? What is the correct meaning?

(Note to Case 12: The advocates of codification in the correct meaning of that term believe it adds certainty to the law and discourages litigation. This is at least doubtful. An attempt at codification may impede the development of the law rather than help it. This is particularly true of subjects not well developed when complete codification is attempted. The English and American law has developed by judicial interpretation and not in statutory codification.)

§ 16. (General Survey, Sec. 16.) Uniform laws.

(Note: Origin, Nature and Scope of the National Conference of Commissioners on Uniform State Laws, as set forth in Vol. XLVII, Reports of American Bar Association, 1922.

"The National Conference of Commissioners on Uniform State Laws is composed of Commissioners from each of the states, the District of Columbia, Alaska, Hawaii, Porto Rico and the Philippine Islands. In thirty-three of these jurisdictions the Commissioners are appointed by the chief executive acting under express legislative authority. There are usually three representatives from each jurisdiction. The term of appointment varies, but three years is the usual period. The Commissioners are chosen from the legal profession, being lawyers and judges of standing and experience and teachers of law in some of the leading law schools. They serve without compensation and in most instances pay their own expenses. They are united in a permanent organization under the constitution and by-laws, and annually elect a president, a vice president, a secretary and a treasurer. The Commissioners meet in annual conference at the same place as the American Bar Association, usually for four or five days immediately preceding the meeting of that association.

(Note: The following Uniform Laws have been adopted by the states indicated at the time this volume goes to press.

Domestic Acknowledgments Act: Iowa, Louisiana, Massachusetts, Michigan, Minnesota, Montana, New Mexico, North Dakota, Tennessee, Alaska.

Execution of Wills Act: Kansas, Louisiana, Maryland, Michigan, Nevada, Utah, Alaska.

Probate of Foreign Wills Act: Louisiana, Massachusetts, Michigan, New York, Utah, Washington, Wisconsin, Alaska. Negotiable Instruments Act: All states and territories except Georgia and Porto Rico.

Sales Act: Arizona, Connecticut, Idaho, Illinois, Iowa, Maryland, Massachusetts, Michigan, Minnesota, Nebraska, Nevada, New Jersey, New York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Dakota, Utah, Vermont, Wisconsin, Wyoming, Alaska.

Warehouse Receipts Act: All states and territories except Georgia, Kentucky, New Hampshire, South Carolina, Hawaii,

Bills of Lading Act: Arizona, California, Connecticut, Idaho, Illinois, Iowa, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, Vermont, Washington, Wisconsin, Alaska, Philippine Islands.

Stock Transfer Act: Connecticut, Illinois, Indiana, Louisiana, Maryland, Massachusetts, Michigan, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, South Dakota, Tennessee, Wisconsin, Alaska, Philippine Islands.

Partnership Act: Idaho, Illinois, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, Pennsylvania, Tennessee, Utah, Wisconsin, Wyoming, Alaska.

Limited Partnership Act: Idaho, Illinois, Iowa, Maryland, Minnesota, New Jersey, New York, Tennessee, Utah, Wisconsin, Alaska.

The following Uniform Acts have been adopted in some states: Foreign Depositions Act; Migratory Divorce Act; Family Desertion Act; Marriage License Act; Child Labor Laws; Marriage Evasion Act; Foreign Acknowledgments Act; Cold Storage Act; Workmen's Compensation Act; Foreign Probated Wills Act; Land Registration Act (Torren's System); Act for Extradition

of Persons of Unsound Mind; Flag Law; Fraudulent Conveyance Act; Conditional Sales Act.

The following Acts, among others, are in process of being drafted: Act Relating to the Status and Protection of Illegitimate Children; Uniform Fiduciaries Act; Uniform Incorporation Act; Uniform Mortgage Act; Uniform Aviation Act.)

Case 13. Extract from Address of Henry Stockbridge, President, 1921, National Conference Uniform State Laws. Reported 46 American Bar Reports, page 715.

"Within the past few days a suggestion has been made of rather a revolutionary character. The purport of it is that the name of this Conference, and the scope of its work is too limited; that it should be in place of a Conference of Commissioners on Uniform State Laws a Conference of Commissioners on Uniformity of Law, and if this Amendment is adopted to our constitution, it is then further proposed that the Constitution of the United States be amended so as to put it within the power of Congress by a general act, to regulate the matter of Negotiable Instruments, Warehouse Receipts, Bills of Lading, and other subjects which have always been regarded as falling strictly within the domain of the legislative power of each state. Immediately upon the receipt of this suggestion from a member of the Commission, the subject of such an amendment of the Federal Constitution was referred to the Committee on Scope and Program. There are some things which can be said in favor of vesting this power in the Federal Government, but much more apparently in opposition to it. It would be the biggest step toward a centralization of power that has been known in this country since the adoption of the Constitution in 1789; it will take away from the states a large proportion of their power of self-government and will render the further existence of this conference absolutely useless."

Question 13: In your estimation would it be a good plan to have the National Government pass National Laws on Commercial subjects similar to those laws now known as Uniform Laws?