The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-01-11

The session OF the Legislature is too
short to admit of legislation OF COM
prehcnsiye nature. requiring careful and
extensive investigation and elaboration,
and preciDitatlDg lengthy debates. These
matters must be provided for In some
manner that will allow moro time for
elaboration. We shall omit, therefore,
all such topics from these suggestions,
and conflnc ourselves TO those matters
that the Legislature can consider.
Procedure.
The first topic that will suggest itself
to tho minds of many lawyers is that
OF procedure in actions at law The
number OF statutes involved. the Diff
cultiea Of the subject, and tho great
difference OF opinion among lawyers
as to what. II anything. the Legisla-
ture should do. at once places the sub
jcct In tho prohibited list. But the
Legislature can render very material
service to those who desire simpler
mode OF procedure. without In anywiso
imposing burden upon those who are
content with the present system. Sec
ton 3211 OF the Code was originally
designed to simplify procedure, hut 1t
was 20 limited in Its application that
1t found little favor. and was seldom
used until changes were made In re-
cent years. adapting IL to present con-
ditions. and now Its use is very COM
mon In actions on contracts to pay
money. But It's application Is stiil
quito limited. Efforts have been made
from time to time TO extend its appll-
cation, but these have proved only
partially successful Some Improve
fnent was made ny tho last Legislature
but II Is susceptible OF a much wider
application.
II the procedure thereby provided
has worked well in its application to
contracts for the payment of money
why not at least try 1t In it's appiica-
ton TO torts? IL can do no great harm.
and II 1T proves Injurious can be
readily repealed. While tho action OF
trespaH5 on the case lies for all torts
direct and Indirect, there Is no set
form or declaration in such cases In
each case the facts must DO stated and
" tho declaration contains sufficient
matter OF substance for tho court to
proceed upon the merits OF the Gauge
II is good no matter what its form may
be This much at least would he re-
CURED OF the notice. Tho defendant IL
entitled to know In plain English sub
stantia!ly what liz charged against him
and this IL all that the present statute
requires, but notices are supposed to
he the acts or the parties and not OF
their counsel, and the courts arc moro
liberal In constituting them than they
Is this liberality Of construction that
constitutes the chief advantage of the
notice. No matter what mode of proce-
duro ia adopted. the plaintiff must ser
sorth sufficient matter OF substance 10
be fairly comprehended by the defend,
ant who Ia 10 answer IT, tho jury which
i: TO try the Issue, and the court which
rs TO render Judgment. Less than this
can never be demanded II the bar
thinks this can be as we'll. or better,
done by a notice than by a declaration.
why not try TT We are content with
the present procedure and apprehend
that laxity In the preparation of no.
tccs VIII lead 10 hasty amendments at
the bar. expressed In inapt language
and VIII cause the undoiug or many
plaintiffs on appeal. but that Is no rea-
sen why those who entertain a differ
Cnt view should not be allowed the OPP
portunity TO test tho practical opera
ticn OF their theory.
With this end IN View. VIC hav.
prepared such draft OF section 1911
az We believe the Legislature might
safely adopt; repeating. Of course, in.
consistent acts 1t Is intended to mako