The times. [volume] (Richmond, Va.) 1890-1903, 1892-07-15
LAW REFORM.

LAW REfORm.
The State Bar Association at Old Point
has voted for what is practically adopting
the New York Code of Procedure as a sub
stitute for the course Of practice now pre-
ysiline in this State. So far as we know
not single lawyer favoring the change has
had any practical experience under the
Code. Their information concerning II is
gained from reading. which is an informa-
ton, as every lawyer knows. very different
from that which comes from actual ex-
perience. We venture, therefore, 10 give
the results of practical experience under
the New York Code. and to offer the con-
illusions derived therefrom 10 the profession
for what they may think them worth.
The advocates of the change declare that
they have two objects IL view. TO simplify
procedure and 10 combine law and equity
into single system. If they succeed in
having the Code adopted they will find that
they have made no advance in the direction
of simplifying procedure. They will find
themselves confronted with hundred COM
plications to every one they meet with
now.
The simplifers of procedure seems to
have chiefly before their minds what re-
lates to statement of cases, but the Code
procedure has no advantages Whatever over
the present Virginia practice in this respect.
The Code is just as rigid as any practice
can be in requiring all the elements OF a
true case TO be stated. and, with the VIZ
GINA statute which allows amendments at
any time. we do not understand how the
Virginia practice can be- held TO require
anything more. We submit that declara-
ton drawn in the identical words Of New
York complaint will be held by Virginia
court TO be perfectly good declaration.
In respect to the second ground, there is
no more blending of law and equity under
the New York Code than under the Virginia
practice. They separate from the nature OF
the controversies. Under the genius of all
institutions coming from the Anglo-Saxons,
all controversies between parties are to be
tried by juries if they be capable of being
30 tried But many controversies being
equitable only cannot be 40 tried, and these
must be tried by the Judge. This radical
principle cannot be wiped out by adopting
the New York Code. The distinction would
| have to be observed after it WAS adopted as
fully as it is observed to-day, and it is aotu-
ally observed in New York as completely as
| here.
| When cause is ready for trial in New
| York the plaintiffs attorney gives the clerk
| an order to place il on the calendar of jury
causes or on the calendar of equity causes.
accordingly as it belongs to the one or the
other and if he mistakes the character Of
! his cause he will be sent from one court to
the other, just as happens here. The courts
are divided into courts called Equity Courts.
which sit without Juries, and courts called
Common Law Courts. which have juries.
| There Is but one distinction between what
| happens in New York court and what
happens in Virginia court In New
| York court the Judge tries the equity case
with the witnesses brought before him and
| examined before him ore tenus. In Virginia
the testimony of the witnesses is taken by
written dispositions and the Judge never
sees the witness The New York practice
is far better than the Virginia practice in
this respect and we would do we'll to adopt
| il, though we do not need radical change
of all procedure to do So 1t is much more
expensive. however, than the Virginia prac-
tice. because amongst other reasons there
must be regular court stenographers to take
down the testimony.
Under the Code procedure everything IS
done on paper. If there is to be a converse
ton between opposing attorneys. which is
TO have any bearing on the case, il must 60
in the form of a written notice that an order
will be moved for at certain time and the
order must be obtained. The result is that
the cause brlstles all along with collateral
controversies, which are settled here by dis
cussions between the lawyers in their Offices
In these controversies there is always a
| judgment for si0 costs against the losing
side. which breeds gang of shyster attor-
neys always watching out for their costs.
OF course we would not be compelled to
adopt this feature. but it is mentioned as
an Objectionable feature OF the New York
Code.
The Code may be bensfcent institution
In population like that Of New York, where
no attorney 10 trusted IN anything by an
other attorney. but everything Is required to
Be in writing. Amongst our people. how.
ever. oil the business PERTAINING 10 CAUSE 10