The Civil Code of the State of New York

be made by those whom they elect as legislators, rather than by those whose function it is, according to the theory of the Constitution, to administer the laws as they find them. Hence, the idea of a Code has taken such hold of our people that they have made provision for it by their organic law.

Besides the changes to which attention was particularly directed in the preceding report, relating to the rights of married women, the adoption of children, and the assimilation of the laws of real and personal property, there are others, of less importance, which ought not to be overlooked. They will be found, with few exceptions, in the following sections:

30, 32, 89, 90, 97, 135, 136, 139, 151, 170, 176, 182, 243. 331, 390, 392, 394, 395, 396, 397, 398, 399, 422, 486, 621, 623, 625, 626, 627, 628, 629, 647, 673, 705, 709, 713, 717 720, 723, 735, 741, 743, 755, 781, 785, 830, 831, 832, 833, 836, 862, 864, 886, 887, 924, 941, 943, 977, 990, 991, 992, 998, 1013, 1065, 1071, 1109, 1140, 1141, 1162, 1166, 1198, 1213, 1263, 1296, 1301, 1302, 1315, 1352, 1353, 1376, 1401, 1406, 1416, 1422, 1439, 1608, 1620, 1623, 1632, 1641, 1643, 1646, 1648, 1651, 1652, 1660, 1729, 1737, 1750, 1751, 1752, 1759, 1762, 1768, 1779, 1781, 1783, 1789, 1791, 1793, 1817, 1847, 1852, 1893, 1901, 1928, 1931, 1936, 1939, 1940.

It remains to take notice of what there is novel in the classification of the subjects treated in this Code. The reasons for the changes in this respect are generally set forth in the notes. It will be observed that there has been some departure from the ordinary arrangement, resulting

principally from the desire of the Commissioners to confine each title to a single branch of a general subject, and not to permit the repetition of a principle once stated. In the first part of the third division, that which treats of obligations in general, many provisions are placed, particularly in respect to the extinction of obligations, which have generally been referred to contracts alone. The subject of bailments is not treated by itself, but under different titles, as deposit, loan, hiring, service, carriage, trust, agency and pledge. The matters usually treated under the title of principal and agent, are here treated under service, trust and agency. The principles governing all confidential relations are brought together under the head of trust. In the title upon insurance, the general rules are collected into one chapter. Suretyship is treated under the title of guaranty. Mortgage, equally with pledge, is treated under the head of lien, an effort having been made to clear the law of mortgage from the confusions and contradictions which have been produced by the counter action of law and equity for so many years. And in treating of relief, compensatory, specific and preventive, the general principles which determine the measure of damages, and which fix the limits of specific and preventive remedies, are so arranged as to reflect upon and explain each other.

The Commissioners take this occasion to express their sense of the invaluable services rendered to them by THOMAS G. SHEARMAN, Esq., of the New York Bar, who has been engaged on the Civil Code from its commencement, and whose industry, accuracy and intelligence they cannot praise too highly.