Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1893-05-28
GREAT LAW REFORM.
REPORT OF THE COMMITTEE READY
FOR MEMBERS OF THE BAR.
A simple System Of Procedure Suggested
~ Q Possible Basis for . Better
Plan-Ths I'm portant Changes.

At its last session the Bar Association.
by decided majority. adopted o resolu-
| ton in favor OF O reform in legal procedure
by which law and chancery IL to be merged
and all causes OF complaint asserted by o
single form of action. Tbereupon the SUD-
;ect was recommitted to the special COM
mittee with tho addition of Hon. .. II.
Tucker and MIR. X. 4. Barton to its men,
bership. The committee thus constituted
was directed to prepare and submit more
perfect form of procedure than that tnere-
tofore reported. A. ,
At the beginning OF its WORK the com.
provision of the Constitution which re,
auIres that no statute shall be amended
with reference to its title, out the act
revived or the section amended shdH De re-
enacted and published al length"
Now. as the commoD-law and equity pro-
cedure is referred TO in at least Z3o sectlons
of the Code. besides O. number OF iuli
chapters and acts since the Ioce wen. in,o
effect, and the adoption OF the new system
would be an amendment of all OF those
sections. chapters and acts, II was evident
that 70 adopt the new procedure Will re-
ouire practically a new Code, with all tne
labor and expense Of q revision. In view
OF the so recent adoption OF the Code OF
1887 the committee was unwilling 10 re-
commend another revision.
REPORT A POSSIBLE BASIS.
The committee, with reservations on the
part of nearly all OF its members as TO the
wisdom OF all the parts of the scheme. re-
ports q system of procedure as posi-
be basis upon which 10 build better
MAN. With this scheme IS an elaborate
set of notes explaining the sources from
which the different provisions were de-
rived and the meaning and reasons Tor
their adoption. They can only be fairly
understood and appreciated by reading
carefully the report itself, which Is being
published and will be generally distri-
buted to the members OF the bar ana the
press.
But the committee felt that while tho
Constitution stands in the way OF the
adoption of tins one-action plan. without
new and complete revision OF the Codc,
II Is vet in the power of the Legislature by
the amendment of a few sections OF tho
Code and the adoption of a few lndepend-
ent acts TO afford to the public ana the
profession nearly. If not quite, all the re-
lief which the advocates of reform de-
mand. As this. too, can be Afforded IN
such a way as to preserve the old names
and TO large extent the old modes OF
practice and forms TO which the bar mas been
so long accustomed. and from which they
are so 10th to part, it's thought by many
that this mode of reform would be much
more satisfactory 20 ali shades OF opinion
and quite a. eifectual in simplifying pro-
cedure as the sinGle-action plan.
TEE IMPORTANT CHANGES.
Hence the committee recommends the
following plan:
1. That the Legislature amend section
1916 SO as to make any declaration which
states the real case fairly and fully good
QeclaratlOn and where the action is on
a contract no demurrer can be sustained
because of the form of the action. ms
makes the actions of assumpslt. debt.
and covenant synonymous actions, and
anv case which could be asserted under
either of them may be maintained under
any one of them.
2. To amend section 1901 so as to do for
trover and detinue what that section does
now for case and trespass.
The effect of these two amendments IS
to reduce the forms of personal actions
from seven, as now, &c three, and to wipe
away an immense amount OF technical
difficulty.
3. TO dispense altogether with the SYM
bOllcal phrases of "HOH-dSSlnnpSt," not
guilty." M! debef," &C.. by so amending
section 1868 as TO provide that all pleas
shall be in writing and shall state the real
defence. This gives the plaintiff at the
very start notice of what is the real de-
fence, and yet the amended section Is very
liberal in providing for amended pleas
when the other party Is not thereby sur
prise1 70 his disadvantage.
4. To amend section 327l so as TO compel
all grounds of demurrer TO be In writing
and TO state plainly the real objection III
law.
5. To repeal section 3257 so as to dis
pense with the provision for differences
between conclusions TO the country y
and with yerlfcation," the necessity
for which has long ago ceased to exist.
i. To amend section 326S so as 10 SIM
pity the law about rephcatiOns; to let u
party demur and plead at the same time
10 the same action; to make anV reJolnder
of issue as good as If there was formal
replication, 0nd 10 require special rept-
cation only when new matter Is intro
duced.
7. TO amend section 1896 so as to make
it applicable to any action on contract.
instead of. us now, only to an action Of
dsSumpsH.
8. TO amend section 1912 by emitting
the latter half of 1t, winch IS rendered
useless by the amendment OF section
327l.
Q. To amend sections 27l7 and 2734 so as
plicable to the actions of Unlawful De-
tainer and Ejectment.
10. TO provide by an independent act
that when so required by either party the
Judge shall sum up the evidence to the
Jury, subject to all just exceptions. This
practice is almost universal except In Nlr-
GINA. IL is everywhere found to be de-
sirable reform and to remove many Ot the
objections to our system OF Jury trial.
70 nrntyt1a ~ nj rl anan1aut apt for
the application OF equitable principles TO
common-law trials, for merely transferring
to the law docket a case brought III chan
cery when the proper remedy Is law. in-
stead. as now. wholly dlsmisslng tae suit,
and of transferring case from the law TO
the chnncery docket when 1t appears that
complete relief cannot be administered at
law. Full provision is made for such
amendments as TO p!eadingS or parties
| which such transfers may make necessary.
In Richmond the transfer will be from the
Chancery TO the Circuit Court and u.oe
rerSG.
This important section. 1t is thought.
will meet the fullest demands of the advo-
Gates of reform and do away with many
obstacles which stand now III the way of
reaching the very merits of case.
In this brief summary II IS impossible to
give fair or Just idea of the reform pro-
posed. That can only be understood by
reading the report itself. which makes a
pamphlet of thirty-four printed pages.
| As, in accordance with the wise provision
of the Bar Association, the report is dis
tributed two months in advance of its ses-
SION there is no reason why tho members
may not fully possess themselves OF the
! subject and be prepared at the meeting on
August 1st TO consider and discuss the
whole subject intelbgently.
The object Of this movement tor reform
| in procedure is thus conclsely stated by
the Committee Ill its report, stripping
| litigation bare 10 ITS merits. so that law
yers and courts may spend their time IN
considering the justice and right of the
case. not wasting their energies IN Its
forms aud ceremonies"
The report is signed by Messrs. s. s. p.
Patterson. Thomas s. Martha. w. NJ. Lille.
II. 4. Barton. j. K. Tucker. and Il. I. w.
Duke.