The times. [volume] (Richmond, Va.) 1890-1903, 1898-07-07
A Spicy Debate Over the Resolution
Recommending the Change.
Mr.. CRUMP'S PAPER
Duties, Liabilities and Powers of The
Guardian Ad Litcm"-Thc Even
ing Session Devoted tothc Read
ing of Memorials To Deceased
MeElbcrs-Somc Of the
Late Arrivals.

OLD POINT COMFORT. VA, July g.
special.-The touch OF that Cuban rainy
season. which Virginia has been eXpe-
riencing for the past thiriy-six hours has
not decreased the number Of arrivals az
the session Of the State Bar Association.
Many new faces were seen this morning,
and the attendance at night reached high
water mark. The members OF the Asso-
citation are now the owners Of the hotel'
eclipslng temporarily the gayly Uniform
ed army and navy officers
IL cannot be doubted that larger fac
tor in determining the great success OF
this meeting IS the excellent location Sc
lected. The courtesy OF the management
OF the Chamberlin is wel-inown, but IN
arranging for The comfort OF the Asso-
olation they have broken all records. The
ball room where the sessions are held,
is airy and pleasant. and one finds seat
there 50 cool that papers, addresses ana
reports must indeed be dry 20 induce him
20 leave Hence It Is that the meetings
are more generally attended than usual
The proceedings Of the morning session
opened with a report OF the Committee
ON Admissions. This report recommend
I'd the election of Messrs. John j. stew
art. OF Abingdon, and f. F. Causey OF
Hampton as members of the Association
which was done.
The president then announced that the
main feature OF the morning meeting
would be the reading of the paper pre-
pared by MT. Beverley II. Crump, OF
Richmond. entitled "Tho Guardian Al
LItem. President Petit stated that Mr..
Crump was too wei known 10 require
any Introduction 20 an audience Of Nir-
ginia lawyers. and then gave way to the
speaker Of the morning.
MIR. CRUMPS PAPER.
Mr. Crump. after giving an enter
tanning account Of the origin of the po-
sition and title dwet upon the duties.
liabilities and powers of this guardian.
The trend of legislation away from the
early idea OF pecuniary liability OF the
guardian ad litem. was traced and lne
Virginia cases on the subject arranged 10
show the present doctrine governing such
4 guardian. This makes the paper one of
value % the profession and 10 is consld-
cred "a desirable addition 90 the records
Of tho association.
In his Introductory remarks Mr. Crump
stated that In order to trace the origin
OF the guardian ad litcm he found be h2d
oeeu Obliged to go back - the misty be-
eiuuines OF the old English law. While
the subject might appear % Doe one re-
curing chiefly dealing with matters OF
practice. yet the guardian ad litem would
remain with lawyers for all times. as IN
fants would certainly continue 90 come
and go. a guardian al item was de-
fined TO be person appointed by the
court whether az common law or IN
rI
osts OF AN infant defendant I'M proceed
inss 20 which the infant has been made
q party either because of his interests
in the property involved. or because or
some specific complaint directed against.
GUARDIANS UNDER FEUDAL LAW.
The speaker then sketchcd the various
kinds OF guardians under the old tsudal
law. and showed how they were appoint
ga aludlng to BuctOn aud Glanvillo and
other of the earliest writers on the Eng
lish law. The guardian. in the olden
time. it was stated played an important
part as the infants person and property
was 10 Doe cared for Ina order that he
might be- able 10 render the services OF
chivalry upon attaining majority. The
right 10 appoint guardian OF any sort
was AN ancient prcrOgative OF the old
kings Of Britain. growing out OF the
theory of the feudal law thar the king
was the parons patriae. the father of the
country.
TRACED IT'S ORIGIN.
Mr. Crump then showed from ancient
authorities that the guardian ad Item
was tracoable 90 this theory OF the king
right of the persons and property of inc
fants The courts acquired the rlght 10
appoirt such a qua dian. because they
exercised their juri dictiOn in the name
frrfs. uHu
off tine earlier practice of the courts IN
this respect.
Mr.. Crump stated that Il was only
in comparatively recent times the spe-
cal guardian appointed I'm suit
Was designated by the words ad itcm or
Tor the suit II was then shown that
as the ch.tncery court grew IN import
ance. tho lawyers practicins I'm that court
paid much attention 20 the Roman law
and from that source drew many forms
for their procedure as well as legal prin-
ciples The words ad litem applied 10
special guardian assigned In "A suit were
10 Dee found for the hrst time In the
Code OF Justuian. which was cited. and
ft WAS doubtless from this source that
the English lawyers derived its use.
4 brief statement was then made as 20
tba Inter practice Of the English courts
Mr. crump. In this connection. narrated
an amusing case in which a young lady
un1ar age had brought a suit by her
Guardian against her former lover FOR
breach OF promise The verdict went
og,inst the youns lady. and as she would
moi nay her attorney for his services. the
attorney brought a suit against the in
nocent guardian. and he was compelled
20 pay.
THE LAW IN VIRGINIA
The statutes. regulating the appoint
.rent of the guardian ad Item differed
"a much that 10 was impossible 20 enter
upon general statement as 10 law upon
MS subiect I'm America. For this reason
the sneaker said he turned TO the legis-
lotion ana decisions In Virginia. lie
then entered upon an historical review
of the statutory law Of this State upon
his subject from he earliest statute down
10 the present Code OF Virginia. Many
decisions OF the Court OF Appeals Of Vir-
ginia were cited. showing how the. stat
utes relating Ia the guardian al ltem
have been from time 90 tine Interpreted
Under the present law Of Virginia the