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CODE OF CIVIL PROCEDURE SECTION 351
AS ENACTED IN 1872 - CCP 351
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Enactment of Code of Civil Procedure section 351 in 1872 was accomplished as part of the original adoption of the California Code of Civil Procedure. (See Exhibit A, #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 section 351, we include only an overview of the code effort and a listing of documents that are available pertaining to the codification process that do not shed any particular light on section 351. (See Exhibit A, #1 and #6)
As indicated by the enclosed overview, some of the California Code of Civil Procedure was simply enacting New York provisions. (See Exhibit A, #1) That may have been the case with Code of Civil Procedure section 351. (See Exhibit A, #2 and #4) The New York Code of Civil Procedure provision in 1852 was section 100. (See Exhibit A, #4) Two years earlier, this same language was proposed in New York as section 584. (See Exhibit A, #5)
However, it appears that the language of section 351 was derived from section 22 of the 1850 statute of California known as “An Act Defining the Time for Commencing Civil Actions.” (See Exhibit B, #3) A review of the 1850 statute reveals nearly identical language between the 1872 and 1850 enactments. (See and compare Exhibit A, #3 with Exhibit B, #1, page 346)