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Code of Civil Procedure section 340(a)

Derived from former: Code of Civil Procedure section 340(1) as enacted in 1872; and Uncodified section 17 of the Civil Practice Act of 1850 as added by Chapter 127 of the Statutes of 1850

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Code of Civil Procedure section 340 was added in 1872 with the enactment of California's first Code of Civil Procedure.  (See Exhibit #1)  The enactment of the Code of Civil Procedure was part of a huge undertaking to codify existing law in California into four different codes: Civil Code, Code of Civil Procedure, Political Code, and Penal Code.  The effort was generated by the appointment of a Code Commission the late 1860s by the Legislature.

A review of Exhibit #1 shows that some of the California Code of Civil Procedure sections were simply enacting New York provisions.  This does not appear directly to be the case with Code of Civil Procedure section 340(1). 

Prior to the enactment of the California Code of Civil Procedure in 1872, the State Printer published a proposed California Code of Civil Procedure in 1871.  It is sometimes referred to as the “rejected edition” of the new Code.  Although it was presented to the Legislature, the code was not enacted in 1871.  (See Exhibit #2) 

It was then followed with an annotated publication of the new Code by Commissioners Haymond and Burch in 1872.  (See Exhibit #3)