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FINAL NOTE.

This Code is not put forth as complete. Some defects must exist in the arrangement and first print of a work of this character and extent. It is unnecessary to particularize the difficulties, patent and latent, which accompany such a codification, and from which arise some omissions, repetitions, conflicts, and sometimes faulty expression. The fact that the revisers have felt themselves under "lash and spur," to reach certain results before a meeting of the Legislature, has constituted a little of the embarrassment in revision. The Commissioners have, for the most part, worked separately. The Titles on Corporations, Wills, Succession, Homesteads, Partnership and Insurance, have been prepared by one Commissioner, and the remainder of the Code by another, while the third was engaged on the other Codes. No part of the work has passed the critical ordeal of the mind of more than one Commissioner. Many sections have been presented for consideration, rather than adoption. In a few instances attention is called by notes to different sections and points to be considered. The work is now in conditionarranged, sectionized and printed-to afford the greatest facility for a careful examination.

It is to be regretted that the Commission has not had the time to give it such examination, and more fully compare its provisions with our Supreme Court decisions. It will be observed that they were examined and noted with considerable pains-taking in the earlier part of the work, but it became evident that less time must be spent in this particular labor, or failure to make the volume ready for the Legislature must ensue. It is believed, however, that there are but very few instances in which the law, as stated in the Code, is not in consonance with the decisions, so far as they have been rendered upon the subjects treated; and in most of these few cases it will probably be found that the rule ought to be as contained in the Code.

A judicious selection and citation of leading cases under each section, from the notes and references under corresponding sections of the New York Civil Code, would give a useful finish to the work. These can be added after adoption, in the publication, if deemed advisable. Let us now turn to the other side of the question. Reasonable completeness is all that can be expected before adoption, trusting somewhat to future amendment to remedy such defects as cannot be well foreseen. Much care and labor has been bestowed upon the Code. It is very nearly completed. With the facilities now offered for a final examination, it is believed that it can be made ready for adoption before the adjournment of the coming Legislature; probably at a comparatively early period in the session. It is due to the Bench and Bar, to speak candidly of all possible defects; but at the same time, with a clear conception of the condition, it is confidently believed that it will be perfected for adoption as above indicated. Of course the degree of perfection to which a work of this character can be brought depends upon the time, patience, industry and good judgment bestowed upon it. The labor shall be unremitting until absolute recommendation for adoption can be given. A further exposition will accompany its presentation to the Legislature, showing where each statute embraced may be found, and if disintegrated and distributed to different Titles, then the sections will be given, showing where the several parts are; especially will it be so with the important statute of "Fraudulent Conveyances and Contracts."

It rests principally with the Bench and Bar to scrutinize the style, accuracy and consistency of the Ĉode, and to pass judgment upon it. If perfected and adopted, it will prove an immeasurable blessing to the present and future generations.

INDEX.

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ground for divorce.........

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of husband by wife, relieves him from duty of support.........
of child by parent, evidence of relinquishment of control......
of homestead, how only effected

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of ship by shipmaster....................................................................................
of ship, duties of shipmaster on...................

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