CODE, CODES - Legislation. Signifies
in general a collection of laws. It is a name given
to a collection of such laws made by a legislature.
Among the most noted are the following:
UNITED STATES CODE - Contains the
statutes of the U.S. government, the federal laws.
It is usually abbreviated as 'U.S.C.' and is divided
into more than 40 Titles, each dealing with a general
subject area.
LES CING CODES - French Law. The
five codes.
These codes are; 1st. Code Civil, which is divided
into three books; book 1, treats of persons and of
the enjoyment and privation of civil rights; book
2, of property and its different modifications; book
3, of the different ways of acquiring property.
- 2d. Code de procedure civille which is divided
into two parts. Part 1, is divided into five books;
1. of justices of the. peace; 2. of inferior tribunals;
3. of royal courts; 4. of extraordinary means of proceeding;
5. of execution and judgment. Part 2 is divided into
three books; 1. of tender and consignation; 2. of
process in relation to the opening of a succession;
3. of arbitration.
- 3d. Code de Commerce, in four books; 1. of commerce
in general; 2. of maritime comraerce; 3. of failures
and bankruptcy; 4. of commercial jurisdiction.
- 4th. Code d'Instructions Criminelle, in two books;
1. of judiciary police, and its officers; 2. of the
administration of justice.
-5th. Code Penal, in four books; 1. of punishment
in criminal and correctional cases, and their effects;
2. of the persons punishable, excusable or responsible
for their crimes or misdemeanors; 3. of crimes, misdemeanors,
and their punishment; 4. of contraventions of police
and their punishment.
Henrion de Pansey, late a president of the Court
of Cassation, remarks in reference to these codes:
'In the midst of the innovations of these later times,
a system of uniformity has suddenly engrossed all
minds, and we have had imposed upon us the same weights,
the same measures, the same laws, civil, criminal,
rural and commercial. These new codes, like everything
which comes from the hand of man, have imperfections
and obscurities. The administration of them is committed
to nearly thirty sovereign courts and a multitude
of petty tribunals, composed of only three judges,
and yet are invested with the right of determining
in the last resort, under many circumstances. Each
tribunal the natural interpreter of these laws applies
them according to its own view, and the new codes
were scarcely in operation before this beautiful system
of uniformity became nothing more than a vain theory.'
CODE HENRI - A digest of the laws
of Haiti enacted by Henri, King of Haiti. It is based
upon the Code Napoleon, but not servilely copied.
It is said to be judiciously adapted to the situation
of Haiti. A collection of laws made by order of Henry
III of France is also known by the name of Code Henri.
CODE OF LOUISIANA - In 1822, Peter
Derbigny, Edward Livingston and Moreau Lislet were
selected by the legislature to revise and amend the
civil code, and to add to it such laws still in force
as were not included therein. They were authorized
to add a system of commercial law and a code of practice.
The code they prepared having been adopted, was promulgated
in 1824 under the title of the 'Civil Code of the
State of Louisiana.'
The code is based on the Code Napoleon, with proper
and judicious modifications suitable for the state
of Louisiana. It is composed of three books: 1. The
first treats of persons; 2. The second of things and
of the different modifications of property, and; 3.
The third of the different modes of acquiring the
property of things. It contains 3522 articles, numbered
from the beginning for the convenience of reference.
This code contains many inaccurate definitions. The
legislature modified and changed many of the provisions
relating to the positive legislation, but adopted
the definitions and abstract doctrines of the code
without material alterations. From this circumstance,
as well as from the inherent difficulty of the subject,
the positive provisions of the code are often at variance
with the theoretical part which was intended to elucidate
them.
This code went into operation on May 20th, 1825.
It is in both the French and English languages; and
in construing it it is a rule that when the expressions
used in the French text of the code are more comprehensive
than those used in English, or vice versa, the more
enlarged sense will be taken, as thus full effect
will be given to both clauses.
CODE NAPOLEON - The Code Civil of
France, enacted into law during the reign of Napoleon
bore his name until the restoration of the Bourbons
when it was deprived of that name and is now cited
just as 'Code Civil'.
CODE PAPIRIAN - The name of a collection
of the Roman laws promulgated by Romulus, Numa and
other kings who governed Rome till the time of Tarquin
the Proud. It was so called in honor of Sextus Parrius,
the compiler.
CODE PRUSSIAN - Allgemeines Landrecht.
This code is also known by the name of Codex Fredericianus
or Frederician code. It was compiled by order of Frederic
H. by the minister of justice, Samuel Cocceji, who
completed a part of it before his death in 1755. In
1780, the work was renewed under the superintendence
of the minister Von Carmer, prosecuted with unceasing
activity, and published in six parts from 1784 to
1788. The opinions of those who understood the subject
were requested and prizes offered on the best commentaries
on it. The whole was completed in 1791, under the
title 'General Prussian Code.'
CODE THEODOSIAN - This code, which
originated in the eastern empire, was adopted in the
Western empire towards its decline. It is a collection
of the legislation of the Christian emperors, from
and including Constantine to Theodosius the Younger.
It is composed of sixteen books, the edicts, acts,
rescripts, and ordinances of the two empires, that
of the east and that of the west.
