Evening star. [volume] (Washington, D.C.) 1854-1972, 1879-11-29
The New Civil Code for the District.

The New Civil Code for the District.
NEW METHODS OF Law AND PROCEDURES PRO-
POSED.
Mr.. E. C. Ipgersoll in transmitting to Mr..
Riddle, the attorney of the District Of Columbia,
the revision of the law sends letter descr bling
the work "a volume Of over 100 pagesl which
1t is proposed to introduce in Congress In the
form OF bill for consideration and enact
ment After describing the arrangement of the
work he says thai "chief among the suggested
changes are: that every proceeding for the en-
forcement or protection OF private rights and
the redress and prevention OF private wrongs
snail be by civil action instituted by plain
I'm by ming statement of claim that rights
OF CIVIL action except for wrongs affecting the
character, shall not abate. but survive to proper
representations OF deceased party the law to-
Gay In TINS district being that personal action
for wrong dies with the person. and no right
OF action in such case surviveS-a relic OF bar
barism that has been swept away by legislation
In almost every state or country where the COM
mon law prevailed.
General rules of pleading are proposed which
1t is believed Will have the effect of calculating
the issues between the parties, in fact and In
law, instead OF obScuring them as hitherto at
law, or ignoring them as in chancery; liberal
provisions for amendments at any stage of the
action are proposed; actions begun in the SUI
preme Court Of the District are to be endorsed
Claw" equity" probate" &C. according to
the fact by the party or pleader, according to
the nature Of the action with reference TO its
consideration in the first instance by the court,
and the different heads of jurisdiction. law,
equity, probate, admiralty, ETC., are enumerated
In Chapter III, Article ~; but a party who has
Improperly assigned his action to one of the d.
visions of the court shall not thereby lose his
action, but the action may In a summary way
be transferred to the proper division of the court;
equitable defences may be pleadedin any action;
the court Shall administer 'all such remedies
whatsoever as any of the parties thereto may
appear to be entitled to in respect OF any ami
every legal or equitable claim properly brought
forward by them respectively, in such cause or
matter; so that, as far as possible all matter so
in controversy between the said parties re-
spectfvey, may be completely and hnally de-
termfned, and all multiplicity of legal proceed
ings concerning any of such matters avoided
mentioned. in which there is any conflict or
variance between the rules of equity and the
rules OF common law with reference to the same
matter, the rules of equity shall prevail
Every action must be prosecuted by the real
party in interest; an assignee may sue in his
own name, &C.; additional safeguards are pro-
vided in the taking of bond in all legal proceed
tngs prescribing qualifications of surety, just
| f1cat1on, &C.; attachment, injunction and APP
| pointment of receiver are made provisional
remedies in aid OF any action where the facts
shown warrant the additional relief: provision
| is also made for counter-bon by def andanC in
| replev1n, for proceedings before referees, sup
| Elemental proceedings In aid of execution. aud
| summary proceedings against an insolvent
debtor who, by transfer or any device makes a
fraudulent preference in favor of creditor, &C..
| for proceedings in the sale Of mOrtgaged real
estate to protect the rights of all parties In in
teTeSt, &C.
| An examination in detail of the whole work
| Will alone furnish the necessary information as
| to what is proposed 1t is confidently believed.
| however, that the adoption OF the proposed
code will secure to the sutton, in whatever court
he may appear, and in whatever form he may
| choose to commence his action. the complete
and ehectual enforcement of all his rights legal
and equitable-a significant advance over pres
ent methods"