Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1852-04-23
THE JURISPRUDENCE OF VIRGINIA.

L.
Ms.rs EJi,nrs your report of April 6th OF the pro-
edinps Of the Virginia Legislature there IS 10 DC iounu m
following resolution: "ResUved, mat seiec co,', We
nine be appointed enquire into the expectancy OF aoo
ny all special pleading and cchncaliies al Jaw, au 81
amending changing or agunaing law and chsnccry maj
one suit between the parties liliSan shall oecdG all
matters Of controversy; making the laws plain TO AT ana re-
During oa tbs the plaintiff and defendant as In ~ ON and
other States; 10 save the parties much Houoe u ca
pcnse 10 insure speedy and final DECISIONS anu 10 enquire
The proprjey OF changing thu statute OF Imitation or amend
ing said statute The object Of this resolution Is
more easily understood than the mysteries OF Inc Ia" Me
is intended reveal and render intclS!oe oul "ieer
h INNOVATIONS will be beneficial in their results or
not is extremely doubtful The abollslins o speel pean.
ing and tecncai'ies ut law Is mrs, o Names are
tapcd of convincing he Legislature oil the Improperly ana
folly of such alterations and changes II may NOT De OUT VI
m call ia attention ltcss tempt oil ike ma
ture on previous OCCASION IL was proposed AZ .c
of the Legislature assembled 'r Inc purpose o re-
vsing the Code Of Virginia. 10 abolish all speca pleading
ut law il reported al that time by the
Committee OF Revision that special pleading and echncal,
ties law Of great Importance in ecctng nppy nno
impartial administration OF public justice; anu p -
would be nwise and improper 10 Abolish hct feaong Vi
every kind must be attended with delays, but who can deny
that such delays are productive of happy results IN deermn
ina ny cause is therefore, hoped that the present Lee
psalure approaching as it does wise and perfect system
Of u,spt udncc will adopt tho chnnges and Innovations
proposed in the above resolution me resolution next pro-
poses abolish all technlcalltics OF ana SUBSTITUTE IN
Mace thereof the term expressed in English as is done in
The State OF New York The absurdty OF TRANSMITTING The
legal tccnicacs Is TOO papa5e not To De seen by every
.urdy let any lechnicaIty be compared with its English
translation in the late revised statute OF New York. the
writ Of me exeat regnum is translated writ OF mo go
and can any doubt for moment which OF the two terms
is The more expressive and Inleligble?
The solution then proceeds TO propose an aalgamatoD
of law and cquity and in this light views equity in contra
distinction law If The determines according to the
spirit rule and according 10 The stricness of the
letter. aud The other according the gor OF the law with
any regard justice forgetting the first maxim of the
law ''ratiunc cessan lex psa cessa Equity, in It's true
and genuine meaning is the soul and spirit OF all law Positive
law is construed and rational Law is made by ii and in this
sense alone is il anonymous 10 justice; and every definition
and illustration which draws line between the two Jursdc
TONS BY settling law and equity in opposition 10 each other
will he found either totally erroneous or erroneous certain
degree To explain and simplify the law 10 be understood
by every for whose benefit and protection il Is eSab
shed will be found ~ BE- mpractcabe as unnecessary
nor was expected by the founders of LEGAL constitution
that the intricaces Of the law would be generally
The Jurisprudence of Virginia is founded upon the accumn
lated wisdom of ages and al present, presents system OF
remedial law Inferior any in the civilized world 1t Is
TO be hoped that The Legislature in its wisdom will throw
around the present system of jurisprudence in Virginia The
acgs of its protection and il from The deporabe and
much be iamentcd condition in which The tendency n the
times is opposed TO place il. CAuSlDlCuS.