Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-02-05
Virginia Legislature .
THE REVISAL.

session of the Legislature 1t is "a duty
wcowe To the people to lay before them
the reasons of the conduct of their re-
representatives..
| IN SENATE, Jan. 28.--Mr. johnson from
the committee appointed yesterday, made the
following report relative to the revised bills
which was read:
| The committee appointed to enquire aud re-
| port " What in their opinion, would be the most
prudent course, TO be pursued by the Senate,
| IN relation TO the revised bills" beg leave TO
| submit the following result of their enQui-
ry:-
| The committee acknowledge their incompe-
| tency to scan, with critical accuracy, the work
which has been reported to the general assem-
bly,, by the committee OF reyisOTs, appointed
10y AN act OF the last session of the legislature.
| They cannot, however, be insensible of the
great value OF that work, aud OF the very great
| laDOur which IT has cost (; and the defects
which they think they perceive in it, can he
| attributed only to that want of time, and want
! OF power in the revisors, OF which they them
| selves make mention in their report. They be-
| lieve that defects do exist. and that theI are
| such as forbid the legislature, until they are
remedied, to give the compilation to the pub
lie, as containing the code of our laws. The
defects which appear to your committee, are
of the following description
First-Defects in the arrangement which
may be reduced to these heads, viz =
l.. Inputting into one act, what belongs to
| z. In not putting together in their proper
| order, the different provisions in the same act,
which are connected with each other.
| ;. In not compiling new bills, formed of
the provisions on the same subjects. to be
| found in various acts as for eXample-A bill
to regulate proceedings in civil actions at
common law, to apply to all the courts of
| Gerry to apply to the superior and inferior
conrts of equity "A bill regulating costs,
to apply to ali courts "A bill for the limita.
non OF civil actions "A bill for the reco-
| To- Er
d. Innot CHASING the bills themselves, and
placing them together, in the order prescrib-
ed, by The analogy which they bear TO each o.
| ther-Ihus the bills concerning the several
| courts OF justice, md proceedings i'm courts,
| with others connected with them, might form
one class, and he placed together in their pro.
por order.
Secondly-Deiects of omission. -Instances
| OF which, may be found i'll the omission to com.
| pile INTO one act, the several acts formerly
| mace TO prevent the circulation of private
pank notes, ana tue act lately passed TO pre-
vent the circulation of the notes of uncharter-
ed oanks-and the omission TO compile or to
note tor publication, some important laws re-
| morally denominated land laws, on which de.
pend the titles of much Of the real propcrty in
| this commonwealth.
| Aud thirdly-Defects of amendment These
| defects the committee believe are very hume
rous, aud may be ciassed under the following
| heads =
l.. In rot reforming the language of the revi-
sed bills so as 10 make il suitable to the present
state OF the law-it frequently happening that
| the language of law enacted some time Since
| mas now become improper, or inadequate, i'll
consequence OF subsequent amendments
2. In not making the various provisions of
| laws, enacted at different times, and now
brought together in one bill, consistent with
| each other.
| ). In not suggesting such amendments, as
are necessary to remedy the defects of the
present system OF laws, without changing the
essential principles thereof.
| How TO remedy these defects is ouestion
on which your committee will offer some re.
| Elections To the house:
They believe II is out of the power of the
| present legislature to apply the remedy.
| tbs obvious that much time, and much de-
| nperate and critical examination of tile sub
Ject, would be necessary TO the proper dis
| charge OF this duty. This, it seems 10 your
| committee, cannot now be bestowed with the
prospect of any useful result Upwards of
ninety revised bills have been reported to the
GENERAL Assembly more than forty of them
| nave passed the House Old elegates and of them
| twenty have passed The Senate. The session
must now have arrived within few weeks of
me ordinary period of adjournment and ii is
believed, that there is enough of other bust
| ness before the legislature, to employ the
remnant OF the session No hope therefore
| remains, that the whole code can be gone
through and it is not believed, that with due
| deliberation, and with proper attention to the
| other subjects OF legislation, any material pro-
| gress could now be madewith the lie vised bills
| There are some considerations, which would
emnarrass the proceedings of the Senate upen
| this subject. Several of the revised bills
| which have passed both branches of the Iegis
| lature, are intimately connected with others
| which remain to be acted upon. Some of the
| bills, which are now before the Senate are
| probably as Intimately connected with Others
| which have not yet passed, and NAV not during
| the session, pass the House of Delegates
| And to act advisedy upon this subject, il
! appears to your committee, that all bills init
mately connected with each other, should be
| under consideration OF the same committee at
| the same time-Again; 10 facilitate the exam.
| nation OF the revised bills, the books which
were used by the revisors with their marginal
| notes aud references, were deposited with the
| clerk OF the House of Delegates. Your com
| mittee are informed that these books, which
| wouid, IN their opinion, afford great facility in
| examining this subject, ca,inet be procured for
| the use of committees Of the Senate. In add.
| ton, 1t may be remarked, that the Senate
| cannot apply the remedy to some Oftbe defects
above enumerated; they have not the power
1 TO compile new bills.
The committee of opinion that subse-
| fuent session of the legislature would be much
| more competent TO the task of acting iudici.
ously upon this subject. They hope and be-
| iieye that the revisal would be re.committed
| to the same gentlemen whe have reported il,
| and that their powers would be enlarged so as
l-to enable them to propose such changes in the
present system of laws, as may be necessary
10 arrest ITS obvious defects, without MA teTialIy
changing its essential principles that they
| should be required to class and methodist and
| simplify the system that they should be re-
| CURED to cause two sets of their books, with
marginal notes and references, to be preserv.
ed, the one for the use of the House ofDele- /
gates, the other for the Senate aud that they
should be allowed time TO perform the work |
with care aud deliberation.
The great advantages which such a course
would afford to a subsequent legislature in |
acting upon this subject, need not be enume |
rated. The classification of tile bills. itself |
besides the public benefit arising from IL |
would compensate for the whole expense of
tue revision, IN the time it would save the |