Uniform Law in the United States

Uniform law Background

Many Uniform Acts and Model Acts are being promulgated by the National Conference or by the Uniform Law Commissioners, a national group of law professors.

Uniform Laws

A list of the first uniform laws is provided below:

Absence as Evidence of Death and Absentees’ Property Act (1939). The Uniform Act eliminates the common law presumption of death after an unexplained absence for seven years, and invalidates provisions of insurance policies as to the effect of such absence; provides for the appointment of a receiver for the estate of the missing person and for a final hearing and finding that he is dead, with distribution of his property through the probate court.
Acknowledgment Act (1939). This Act provides the form in which acknowledgment of instruments for use in the State may be taken, both within and without the State. It presents a permissive or optional procedure, but does not prohibit acknowledgments being taken in other ways to be fixed by statute. The Act was amended in 1942 to permit servicemen to have acknowledgments made for them by officers in the armed forces, and again in 1949 to permit acknowledgments before attorneys-at-law in jurisdictions where attorneys are so authorized.
Act to Secure the Attendance of Witnesses from Without a State in Criminal
Proceedings (1931 and 193 6). The Uniform Act provides for summoning a witness
from without the State for criminal proceeding, but not more than 1,000 miles, and
exempts such witness from criminal prosecution or civil suit. The act was revised
in 1936, to extend the original act to proceedings before a grand jury and provide
for arrest, custody and delivery of witnesses to the requesting state.
Act Fixing Basis of Participation by Secured Creditors in Insolvent Estates (1939). Adopts the Bankruptcy rule as one of four possible conflicting rules governing the basis for participation.
Ancillary Administration of Estates Act (1949). The Uniform Act codifies the law of ancillary administration in accord with the philosophy of treating the entire estate as a unit and of regarding the domiciliary administration as primary.
Common Trust Fund Act (1938). Permits a bank or trust company to set up a common trust fund for its investments, in order to diversify the investments and spread the risk of loss.
Contribution Among Tortfeasors Act (1939). Provides for contribution between joint tortfeasors, and makes detailed procedural provisions including an optional section for third-party practice.
Criminal Statistics Act (1946). Creates bureau of criminal statistics to serve as a central source of information conecrning statistics on crime, criminals and criminal justice.
Bills of Lading Act (1909). Provides for negotiable bills of lading, rights and
obligations of carriers, negotiation of bills and criminal offenses relating to such
bills.
Criminal Extradition Act (1926 and 1936).s Provides the machinery for extradition
of persons charged with crime; prescribes the method of applying for habeas
corpus, for arrest and detention before extradition is demanded, and the mode of
preliminary trial and of applying for a requisition. The Act was revised in 1936
to permit the extradition of a criminal who departed the state under compulsory
process and extradition of a criminal from any state into which he moves.
Evidence Act: Business Records as Evidence Act (1936). The Uniform Act
makes a business record competent evidence, if its custodian testifies as to its identity
and method of preparation, and if made in the regular course of business at or
near the time of the event recorded and if in the opinion of the court the sources,
method and time of preparation justify its admission.
Declaratory Judgments Act (1922). Gives power to courts to declare the rights and duties of parties to contracts, deeds, ‘wills, etc., in advance of actual litigation or dispute.
Desertion and Non-Support Act (1910). Makes it a crime to abandon wife or children; upon a plea of guilty or a conviction empowers the court to order periodical payment of money by the defendant for the use of dependents.
Enforcement of Foreign Judgments Act (1948). Provides an effective procedure for enforcement of foreign judgments by registration thereof and by levy and execution procedures thereon.
Evidence Act: Judicial Notice of Foreign Law Act (1936). Declares that the courts take judicial notice of the laws of the other States of the Union and may inform themselves as to such laws as they may deem proper; but any party may present evidence as to the law of another State on notice of his intent to do so. The law of a foreign county shall be an issue of fact for the court, and judicial notice shall not be taken of it.
Evidence Act: Official Reports as Evidence Act (1936). Written reports of officers of this State on a matter within their duties shall be admissible as evidence insofar as they are relevant; but a copy must be furnished to the adverse party before trial. The report may be admitted without furnishing a copy if there is no surprise to the opponent; other party may cross-examine the maker of the report or any person furnishing information used therein.
Evidence Act: Photographic Copies of Business and Public Records as Evidence Act (1949). Provides for the use of photographic copies, microfilm copies, etc. in evidence where records are preserved this way in the regular course of business.
Federal Tax Lien Registration Act (1926). Provides for filing and indexing
federal tax lien notices by a state.
Flag Act (1917). Makes it a misdemeanor to desecrate a flag or to use it in
advertising or for commercial purposes.
Foreign Depositions Act (1920). Provides for compelling witnesses to attend
in this State under foreign depositions with the same effect as if the proceeding were
in local courts, and by the same means.
Fraudulent Conveyances Act (1918). Permits creditors to set aside conveyances
which render the debtor insolvent, regardless of intent, if there was no fair
consideration. Defines terms and specific remedies.
Interstate Arbitration of Death Taxes Act (1943). Provides a system of voluntary
arbitration between states as to domicil of decedent for purposes of death
taxes.
Interstate Compromise of Death Taxes Act (1943). Provides for compromise
between states where more than one claims death taxes as to a particular decedent.
Limited Partnership Act (1916). Provides for creation of limited partnerships,
rights and liabilities of limited and general partners, and for dissolution.
Fiduciaries Act (1922). The Act covers situations where one deals with a person whom he knows to be a fiduciary; it deals with duties of such a person with respect to notice of breach of a fiduciary’s obligations.
Insurers Liquidation Act (1939). Provides for liquidation, rehabilitation and reorganization of insurance companies where business and assets are in two or more states.
Marriage License Act (1950). Provides blood test requirement in the issuance of marriage licenses, but authorizes waiver by judge for reasons of public policy.
Negotiable Instruments Act (1896). Contains comprehensive provisions as
to negotiable instruments: form, negotiation, rights of holders, etc.
Partnership Act (1914). Governs creation of partnerships, rights and liabilities
of partners, and dissolution of partnerships.
Narcotic Drug Act (1932). Makes provision for licensing the manufacturer or wholesaler of specified drugs; requires records to be kept by apothecaries and by prescribing physicians and makes it unlawful to manufacture or possess drugs except as authorized by the Act. The Act was amended in 1942 to cover the use of drugs on ships or aircraft, to reduce the number of exempt drugs and to include the drug marijuana which had been omitted from the 1932 Act.
Powers of Foreign Representatives Act (1944). The Uniform Act provides that where there is no administration or application therefore pending in the State, foreign representatives may exercise all the powers enjoyed by a local representative.
Prenatal Blood Test Act (1950). Provides for blood test in connection with pregnancies and requires attending physician to furnish a certificate as to the result.
Probate of Foreign Wills Act (1950). Provides for a simple procedure in admitting to probate a nonresident’s will which has been admitted to probate at his domicile.
Property Act (1938). Abolishes a number of feudal rules regarding real property law, and attempts to modernize that part of the law.
Principal and Income Act (1931). Provides for the apportionment of income
and expense, in the case of trusts and legal estates, between life tenant and remainderman.
Proof of Statutes Act (1920).22 Governs proof of statutes of states, territories
and foreign countries, and is designed to clear up inconsistencies in state practice.
Reciprocal Transfer Tax Act (1928).23 Provides exemptions from transfer
taxes or death taxes on intangibles where the decedent resided in a state which
provides a reciprocal exemption for such taxes.
Reciprocal Enforcement of Support Act (1950). Provides for reciprocal legislation between states to enforce the duty of support by civil and criminal proceedings, simplifies procedures, and eases problems in enforcing support decrees of another state.
Statute of Limitations Act (1939). Sets forth the limitations on the beginning of actions of various types.
Sales Act (1906). Provides in detail the rules governing contracts of sale,
transfer of property, title, rights of buyer and seller, etc. Secs. 32 and 38 of the act
were amended in 1922 to provide that negotiable documents of title be fully as
negotiable as bills of exchange.
Simulaneous Death Act (1940). Provides for property dispositions where
two or more persons die in a common disaster and there is no evidence as to which
died first; if one would inherit from the other, the property of each is distributed
as if he had been the survivor; if the deceased would have taken successively, each
deceased’s successors take a part of the property; in case of joint tenants or tenants
by the entirety, the successors of each take a half; however, the act does not apply
if the person disposing of property provides otherwise.
Stock Transfer Act (1909). Presents a comprehensive body of rules for the
transfer and negotiability of stock certificates.
Trust Receipts Act (1933). Provides detailed rules for financing transactions
utilizing trust receipts, and deals with rights of financiers, borrowers, purchasers
and general creditors.
Vendor and Purchaser Risk Act (1935). Protects the purchaser of real estate
under a contract of sale where the property is destroyed before he takes possession
or title; protects the vendor after transfer of possession.
Veterans’ Guardianship Act (1928 and 1942).Provides for appointment of
guardians for incompetent and minor beneficiaries, for commitment to Veterans
Administration hospitals of mentally incompetent veterans, and sets limits for
fees and commissions. The act was revised and modernized in 1942.
Warehouse Receipts Act (1906 and 1922).31 Provides for negotiability of warehouse
receipts, including matters of form, rights of warehouseman, negotiation,
rights of parties, etc. Secs. 20, 40 and 47 were amended in 1922 to make warehouse
receipts more fully negotiable.
Unauthorized Insurers Act (1938). The Act puts severe restrictions on any insurer not authorized to do business in the State; provides that no person shall act as agent in the State for such insurer nor aid such insurer in effecting insurance; transacting business in the State by such an insurer is treated as designating the Commissioner of Insurance as attorney for service of process and such insurer cannot bring action in the State nor plead as a defendant without filing bond or obtaining authority to act in the State. Contracts of reinsurance or covering risks of transportation or investigation and adjusting are excepted.
Vital Statistics Act (1942). The Act provides for the collection of vital statistics which will be useful to the census bureau and the state authorities.
Trustees’ Accounting Act (1936). Provides for inventories and periodic court accountings by testamentary and inter vivos trustees, and states the effect of court approval of accounts. Minor amendments were made in 1937 to Secs. 1 and 3, to harmonize this Act with the Uniform Trusts Act. Trusts Act (1937).

This last Act (Vital Statistics) changes common law rules regarding trusts so that:

the depositor in a bank account to pay special debts is deemed a trustee;
a thieving trustee is deemed to have stolen from mixed funds in proportion to each fund’s share of the total, abolishing the old “first in, first out” rule of Clayton’s case;
the grantee of realty on an oral trust for a third person may be compelled to return to the grantor;
a trustee can be sued at law in contract or tort in specified circumstances.