Store Research
Code of Civil Procedure sections 431.30 and 446
As enacted in 1872
Some bill research does not include the Governor's file because at the time we researched the bill, the sitting Governor had not released his chaptered bill file. If the Governor's file is not included with this particular research, please contact our office (1-530-666-1917 or quote@legintent.com) and we will be happy to provide this file at no charge if it is available. Please Note: Governor files did not exist prior to 1943.
Enactment of two Code of Civil Procedure sections in 1872 was accomplished as part of the original adoption of the California 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. (Id.) The effort was generated by the appointment of a Code Commission in the late 1860’s by the Legislature. (Id.) Because so much of this codification effort has little direct impact on understanding the former and current sections, we include only an overview of the code effort and a listing of documents that are available pertaining to the codification process which do not shed any particular light on former section 437 and current section 446. (Id.; see also Exhibit #12)
As indicated by this overview, some of the California Code of Civil Procedure was simply enacting New York provisions. (See Exhibit #1) That was the case with former section 437 and current section 446. (See Exhibits #2 and #4) The New York Code of Civil Procedure provision in 1852 for former section 437 was section 150, and for current section 446 the New York Code of Civil Procedure provisions were sections 156 and 157. (See Exhibit #4, pages 166 and 171) To assist your understanding further of the New York provisions, we include a Report published by the New York Code Commissioners, excerpted for this area of law. (See Exhibit #5)
The annotated history for both former and current Code of Civil Procedure sections indicated that their language can also be traced back to California origins. We have enclosed copies of the chaptered laws setting forth this history for your review. (See Exhibits #6 through #11) Please note that the main former uncodified code sections making up the historical derivation of former section 437 and current section 446 referred to former sections 45, 46, 49, 51, 52, and 55. (Id.)