The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1892-02-18

MUM to desperate defences and pro-
tracted litigation. Those who dance, in
court, do not pay the fiddler, as many
successful plaintiffs have discovered;
revision of the system in the direction,
adopted by many of our sister states, OF
more nearly making the successful party
whole, so far as actual necessary legal
expenses are concerned, would, | believe,
have beneficial results in checking unnec-
essary litigation. A proper judicial sys-
tenn should offer strong reasons for the
prompt payment of debts rather than IA
vor postponement until Judgment and
execution have been obtained. This
evil does not exist in the English courts
to anything like the extent to which it
exists here. The larger question of how
far it is desirable to codify the general
principles of the law and thus bring
them into shape readily accessible to all,
is one which the limitations of the occa-
sion will not permit me to discuss, al
though in passing l may say that Eng
land has again set us the example, hav-
ing already adopted code in certain
branches, and that more than half of the
states of the Union are now code states.
As has been well said, ''the great diff
Guilty at present arises from thinking OF
the law as consisting of the common law
alone, whereas it consists of equity and
the common law together, and the for
mer requires attention more, if anything,
than the latter Wherever equity has
established u different rule from that
of the common law, the rule of equity
is the law. The. difference between the
two systems is largely one of procedure
and nomenclature and does not preclude
the administering of them concurrently
-, N.1e -, 10,
This is view which is forcing itself up
on the attention of members of the pro-
fession. Lawyers who were members
of the legislature of 1889, will remember
two bills, embodying some of the chang
es above indicated, which emanated from
members of our Supreme Court. These
bills were referred to the Judiciary COM
mittee, who sought to learn the opinions
of members of the bench and bar as to
their merits. 1t was found that a wide
divergence of views existed in the mat
ter, and the committee, feeling that the
time was not ripe for the change, report
ed Fought not to pass The object
aimed at in the two bills can best be
shown by reading of them.
AN ACT to simplify procedure in civil causes,
Be it enacted by the Senate and House of Rep
rese,etatives IN Legislature assembled, as
.folloWs:
SECTION Ali courts which are vested with
jurisdiction, both at law and in equity, may
hereafter, to the full extent Of their respective
jurisdictions, administer legal and equitable
rights and apply legal and equitable remedies
in favor of either party. in one and the same
suit so that legal and equitable rights, OF the
parties may be enforced and protected, in one
action prorided. that wherever there is any
variance between the rules of equity and the
rules of the common law, in reference to the
same matter, the rules OF equity shall prevail.
AN ACT in relation to suits at law and in
equity in the Supreme Judicial Court.
Be it enacted by the Senate and House of RIPE
rese1atatiUes IN Legislature assembled, as
foII0Ws:
SECTION 1.-When, in an action at law in the
Supreme Judicial Court it appears that the