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

rights of the parties can be better determined
and enforced by Judgment and decree IN
equity, the court may upon reasonable Terms,
strike out the pleadngs at law, and require the
parties to plead in equity in the same cause,
and may hear and determine the cause III
equity.
SECT, 2.-When in any equity proceeding in
the Supreme Judicial Court, it appears that the
remedy at law is plain adequate and cOmplete
and that the rights of the parties. can be fully
determined and enforced by Judgment ana
execution at law, the court may upon reaSona,
BILE terms strike out the pleadings in equity, and
require the parties to plead at law in the same
cause and may hear and determine the cause
at law.
SECT. 3.-NO attachments shall be ahected by
proceedings under this act
SECT An all proceedings in the Supreme
Judicial Court, when there appears TO pc any
conflict or variance between the rules ana prnl-
cipleS of law. and those of equity as to the same
subject matter the rules and principles OF equity
shall prevall
Further reflection has satisfied me that
the principle of the bills is correct, and
that. with some notifications, legisla-
ton in this direction would be wise. l
hope that some measure of this kind, but
perhaps dealing more in detail with the
whole subject, may be presented by the
bar association to the next legislature
for it's action.
Did time permit, should be glad to
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which this association can perform i'll
the way of bringing about greater uni
formity in state legislation relating to
wills, descent of property, probate, III
solvency, marriage and divorce, CONNER
cial paper, acknowledgment of deeds,
ETC., where the diversity of the laws OF
the various states of the Union upon the
subjects in question cause constant and
unnecessary perpleXity, uncertainty and
wasteful litigation. This subject has al
ready engaged the attention of the Amer
lean Bar Association, which has recon-
mended the appointment of commission
ers by zach state who may meet in con-
vention to consider and report what leg
islation is expedient. Commissioners
have already been appointed by New
York, Pennsylvania, Massachusetts,,
Michigan, New Jersey and Delaware, and
1 hope that action will be taken by this
association in favor of the necessary
legislation to secure the appointment of
commissioners from this state to coop
crate with those from other states in this
important matter.
am aware that the field which l have
opened up is large one, and that have
done but scant justice to many OF the
TOPICS. but enough has been said to indi-
cate the important work which our aSso-
citation has before it, and the many mat
tiers which may wisely engage its consid-
Grafton. Some of these matters seem to
me to be of an urgent nature, and in all
that concerns the constitution and pro-
cedure of the courts, the voice of our
profession should be heard. We owe it
to ourselves and to the public not to be
laggards in whatever tends to make
the law more efficient and rea-
sonable in it's operation. Whatever
changes are needed, as a profession we
should take the lead. 1t is a work in
which a bar association can lend most
valuable aid, and by acknowledgements
Of professional opinion, secure the