Fairhaven herald. [volume] (Fairhaven, Wash.) 1890-????, 1893-01-15
Report of the Committee on Legisla-
ton Discussed
NEW YORK PRACTICE ADOPTED
Abolishment OF Verification OF Proceed
ings Recommended Other
Changes Proposed


for amendments TO the existing law
affecting procedure and practice. In
the absence Of President Cole Vice
President II. A. Fairchild presided.
Secretary Hadley read the minutes Of
the preceding meeting, which were
adopted.
The meeting was devoted to
the consideration Of the report Of the
committee, consisting Of II. A. Fair
child, $. M. Bruce, J. =. de Mattos, II.
f.. Hadley, G. w. DoT, S. A. Calvert
and A. l.. Black, appointed at the
meeting of December 81 to draft recon-
mendations for amendments to the
present law. Following IL the full text
Of the committees report:
To the Honorable Bar Association of
WhatcOm County:
Gentlemen:-YO Your committee appointed
| TO make investigation and 10 recommend
TO the delegation OF Whatcom county in
| the legislature, such changes iH existing
laws affecting procedure and practice, as
they deem advisable, have had the matter
under consideration and beg leave 70 re-
| port TO this association, as the result OF
such Investigation, the following recon
mendatiOns:
! First.-We recommend that each and
| every one Of the several suggestions pub
| llshed In the report Of ana recommended
/ by the supreme court Of this state 10 the
governor be recommended as the sense OF
| this association, and that this association
unite In commanding and advocating the
passage and approval OF laws carrying
| Into effect such recommendations
| Second. Your committee further deem
| IL eXpedtent and proper TO make the fol
lowing special recommendations. namely,
! that rulings on motions granting new
trial be made appealable. The radical
change that this statute would affect
would be 70 make a cause transferable
| into the supreme court without passing
td final Judgment, aud II would be appii-
cable oi course only In cases wherein new
trla. should be grunted. leaving the prac-
tlce remain as at present where motion
for new trial IN denied, and In that con-
nectton 10 allow the clerk Of the superior
or OF the supreme court 10 iK the amount
OF the bond 10 operate as a sHpersedeas.
Third.-That appeal bonds from the
superior court 10 the supreme court fby
which we mean the three hundred dollar
statutory bond required under the present
statutej, be abolished entirely.
FOurtn-That the notice for motion
for new trial be also abolished entirely.
We have been unable 10 discover from
any source what function this notice per-
forms In our procedure, and deem 1t the
Il most useless aud senselrss Diece OF legis-
iatiOn upon the statute books.
| Fifth-We recommend that actions be
| begun and process served pursuant 10
what ls popularity known as the New
York system OF bringing actions, aud that
the time for pl, aiding on the part OF the
defendant be limited 10 ten days II served
A. aH
and twenty days II service be made out OF
the county.
SiAth-That actions OF forclble entry
and detainer be begun on process, de-
iivered 10 the sheriff, proceedings 10 con
form as near a. may be 10 actions 10
repleyin Of personal property. That is 70
say that the plaintiff deliver 10 the sheriff
a bond sufficient 10 indemnify the defend -
ant against all loss, such bond 70 be ap-
proved by the shelf, and unless the de-
fendant executes an indemnfying bond 70
the plaintih within three days the sheriff
shall dlsposscs- the defendant and place
the landlord or plaintiff In possession, 4,
after which, unless issues Of fact are
formed necessltatlng a trial upon the
merits, the action will be discontinued,
and N issues are formed, upon the plead .
ings delivered 10 the sheriff being filed
with the clerk OF the superior court, such
case shall DC deemed at issue aud stand
Tor trial In its order.
Seventh-We recommend that verl6ca-
lions OF pleadlngs be abolished, except In
such special proceedings where cause
must De shown 10 obtain process, or an
extraordinary remedy II invoked and IN
no case shall one party be required 70
verify his pleadlngs unless the pleadings
OF the opposing party are likewise verf-
lied.
EIghth-That nine Jurors be author
lied 70 render verdict IN civil cases.
! Nlnth-That legislation be had com
pelling courts ~ keep a docket, a. nJw
required by statute, and imposing pen
atty upon failure 20 do 30.
Tedth--That the rule OF property ure-
yailiDg IN this state, commonly called the
community law and estates IN commun-
ity, be abolished, and that In lieu OF that
system husband and wife be made ten
ants In common In all real estate acquired
by either after marriage, where such ac-
qulsitlOn does not accrue by descent, de-
wise or gift, and that IN case OF judgment
Of judicial sale upon Judgment rendered
against either spouse, and the interests OF
such spouse being sold, or In case Of death
OF either spouse, the other spouse shall
be entitled 70 have his or her molety set
apart in seyerallty, and such interest
shall thereafter become and remain the
separate estate OF that spouse 10 whom It
may be set apart.
| Respecting ihe sixth recommendation.
the committee do not wish 70 be under
stood a. Implying that the sheriff could
perform judicial functions, or that Iurls E.
diction 10 such matters could be vested
elsewhere than In the superior court, but
they believe a bill may be drafted that
would be constitutional, carrying out the
Ideal suggested, and that sucb a practice
would be the most simple and lDex xpensIye
that could be- devised
i CThe committee was not nnaDimOus re-
garding the seventh and eighth recon-
mendatlons, but there are no minority
feports.D
The consideration Of the report was
taken up section by section. The