The times. [volume] (Richmond, Va.) 1890-1903, 1891-07-26
LAW AND EQUITY PROCEDURE
Tho Bill Which Till DO Discussed BY The
Lawyers
III THE BAR ASSOCIATION TUESDAY,
uhc Majority OF the Lawyers from Richmond
and virginia VIII Probably be NJ tine
white-Good Work of the Committed

Whitc--Good WORK OF the Noh'"''sN''
The third annual meeting of the Virginia state
Bar Association will DO held on Tuesday al
White SULPHUR Springs and II is expected thai
a majority Of the lawyers OF this city aho
from elsewhere will be in attendance.
Among the various subjects Of general IN
ter.st - be discussed at that meeting will be
the re,.ort Of the 81 ecial committee on law re-
form on the following resolution. which had
been presented At last year meeting;
Resolved. That Il is the sense OF this As.
sociation that law and equity procedure should
be consolidated. 50 that legal and equitable
rights can be administered IN one form OF
action"
The resolution was referred 70 special
committee consisting Of Aessrs. ). ). p.
latteson. K T. w Duke. Thomas S. Martin,
George NJ Cochran and Robert Nj. Hughes.
The report which is 10 be submitted at
tuesdays meeting, begins as follows
'Messrs Robert NJ. Hughes, Thomas 3.
Martin. George VI. Cochran. X. T. W. Duke.
and s. S. =. Patteson constituted the commit
toe as originally appointed The mover OF
the resolution called meeting, which was AZ
tended by all tho members at the Hygela
Hotel N the afternoon of July g. 1880, except
George NJ. Cochran, Esq.
TIE COMMITTEE.
AT that called meeting 5. s. Z. Patteson
was elected chairman. Mr. Hughes resigned
IN the spring Of 1891 and William Minor
Lie Esq. Of Iynchburg. was appointed IN
bis place but never attended meeting. A
meeting was called for June 2 1891. but no
ono attended except the chairman and
Thomas 5. Martin. the signers Of the present
I'm order to show the growth the idea Of
consolidating law and equity procedure they
have deemed it best TO print sections "a and
q Of the famous English supreme Court of
Judicature act Of 1873. 36 and n Vic, chapter
81, which is referred 10 as the Principal act,
and the Connecticut Practice act of
1919. bill embOdyng these
ideas adapted TO the Virginia Code
of 1857 prepared by this committee, is also
printed herewith Some Of the rules Of court
and forms are appended 10 the several acts,
and tho reasons tor the recommendation Of
the consolidation Of the procedure of law and
equity into one form OF action follows"
THE BILL.
The bin. as prepared by the committee. is
rather lengthy one and has the following
title.
An act to simplify procedure in civil
causes and 70 unite legal and equitable RENE
dies in the same action, and 20 amend and re-
enact sections 1923, 1918 and 1879 of the Code
of Virginia 1887 and 10 substitute the word
complaint" for the words declaration or
bill in equity wherever they occur III the
Code Of Virginia, 1887.
THE REASONS.
Among the reasons gwen for the framing Of
the bill in question are the following:
THE bill offered for the consideration Of
the association is, Of course, merely tentative.
The members Of the committee who have
signed this report are in earnest in their efforts
D. put Virginia in line with the rest of the
civilized world. and while they are convinced
that the reform Of the pleading so as to con
solidate law and equity procedure Is absolutely
necessary 10 her progress as a great State
they DO not mean 10 say that the bill offered
by them is the best possible form ii could as
sumo But this bill contains all of
the principal features Of the reformed prOce-
dure The codes of procedure have met
with tho most violent and unreasOning oppo-
sition. but they have overcome all prejudice
wherever they have been adopted. No State
has ever tried the code system and thon re-
turned 70 the common law and equity plead
ings which emanated from the wisdom Of
our ancestors" Whatever is established is
sacred with those who do not think close
and careful nyestiga the origin ofancient
laws and customs causes any one u turn with
81 feeling Of relief 10 the judgment which he
may be able TO form by the sterling honesty
OF his own intellect.
PERSONAL SERVICE.
''Sir Henry Sumper Maine the greatest
English law reforIner since the days of Jeremy
Bentham, tells us that the founders Of feudal-
ism copied the precedent of personal service
for the use Of the land from the Romans.
Along the Rhine and Danube the frontiers If
the empire were separated from the barbarlans
by succession of strips of land, the agr
lilnltrOphl which were occupied 10y veteran
soldiers of the Roman army on qualified terms
Of ownership. They were allowed to cult
waite the soil. of which the Roman State
claimed to he the landlord and were guaran-
teed IN the possession as long as they held
themselves ready 70 be called out for military
service. whenever needed IN border warfare.
The peoples of the Germanlc race seeing this
example for several hundred years, initiated it.
and from this beginning sprang the whole
system of feudal tenures.
The origin of the system is interesting to
show how custom and habit can create things
that are suited TO the age and the time in
which they came into existence The feudal
system was we'll suited TO the times in which
ii held full sway as part of the social system.
To-day 1t Is of no further use except 10 show
that vigorous and active nations have sought
80 strengthen themselves by adapting their
laws 20 the needs and spirit of the times,
rather than by servlle imitation of those
which are venerable only because hoary with
age. No community can be great with its
ideals fixed in the nadir of the past More
than two thousand years ago the Greeks
met the Romans at the battle of Pydna in
$hNSVl'hlos III Nhio blthb poNblO bnc Af1CChe
were the last civilized people who confronted
Rome in the field on a footing of equality
Their phaianx went to pieces before the Ro
man legions. For hundreds of years the sam
people have occupied the land, and though
they have been the petted nation Of all the
civilized nations. they have never, for one
moment even. been able TO excite in Others
moro than feeling of pity The traveller
who now visits Athens goes to gaze upon her
temples and her monuments of former great
ness The fate OF the Greeks has
proved beyond the possibility of a doubt
shat i. no nation can accept freedom
and liberty as a gift, from even a generous
conqueror, and remain great. nations life
its laws, its power must meet the needs of
every age. II should not only touch elbows
in the march of progress with its neighbors,
but it should strive 70 lead the vanguard
The people of Virginia AREAS bold and
manly to-day as when they gave States and
statesmen TO the Union. But in order to pre-
serve their civilization they had to fight
through an irrepressible conflict. which has
made them neglect many of the problems
which more fortunate communities have in
some Instances solved.
COMMON LAW.
"A majority of all English speaking conpu-