The project of the _Code Napoléon_,
however--the _code_ itself not being available in Louisiana, though
promulgated in France in 1804--was used by the compilers in the
arrangement and substance of their work; and the French traditions of
the colony, thus illustrated, were naturally introduced more and more
into the organic commentaries and developments that grew up around the
_Code Napoléon_. This evolution was little marked, so similar in large
parts were the systems of France and Spain (although in other parts, due
to the Gothic element in the Spanish, they were very different)--a
similarity which explains the facility with which O'Reilly and his
successors introduced the Spanish laws after 1769. The Louisiana code of
1808 was not, however, exhaustive; and the courts continued to go back
to the old Spanish sources whenever the digest was inconclusive. Thus so
late as 1819, when the legislature ordered the compilation of such parts
of King Alfonso's _Siete Partidas_ (the most common authority in the
colony) as were considered in force, this compilation filled a
considerable volume. In 1821 the legislature authorized Livingston to
prepare the "Livingston Code" of criminal law and procedure, completed
in 1824 (in French and English) and published in 1833, but never adopted
by the state. In 1825 legislative sanction was given to the greater part
of a civil code prepared by a commission (including Livingston)
appointed in 1821, and the French element became steadily more
important. In its present form the law shows plainly the Latin and
English elements. English law has largely moulded, for example, criminal
and commercial law and the law of evidence; the development of the law
of corporations, damages, prohibitions and such extraordinary remedies
as the mandamus has been very similar to that in other states; while in
the fusion of law and equity, and the law of successions, family
relations, &c., the civil law of Spain and France has been unaffected.
Public-domain text, read in full here on John Shaqi.
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