Abstract

American legislatures rarely succeed in framing rational, comprehensive codes of statute law. The New York State legislature, in adopting the Consolidated Laws of 1909, is a prime example of this failure: by first framing a fairly comprehensive recodification of the prior body of statutes, coupled with the repeal of pre-existing legislation; and then enacting a rule of statutory construction that, in essence, resurrected the pre-existing statute, making the new consolidation at best a subject index of the prior body of statutes re-entered by it.

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