APPENDIX No. 9.

REPORT OF COMMITTEE ON JURISPRUDENCE AND LAW REFORM.

To the Georgia Bar Association:

The Committee on Jurisprudence and Law Reform beg leave to report:

At the last meeting of this Association the communication of the Alabama Bar Association, respecting a codification of the law of negotiable instruments (which communication may be found in the proceedings of this Association, at the meeting in 1886, p. 207,) was referred to this committee. That communication recommended the adoption of the English law, known as the "Bills of Exchange Act of 1882."

We regret that we have not been able to procure a copy of said Act, and are, therefore, not able to report on it. In accordance with the action of the Association, at its last meeting, (see published proceedings, pp. 49 and 50,) copies of the report of this committee at that meeting, which report is contained in said proceedings, p. 164 et seq. were furnished to the General Judiciary Committee of the House and Senate.

It has been suggested to the chairman of the committee, that inasmuch as the report of last year was acted upon at a time when the attendance was small, that it would be well, perhaps, to again call the attention of the body to that report, with a view of receiving a more careful and general consideration of the report, and especially so much of it as relates to the registry laws.

JAMES C. C. BLACK, Chairman.

APPENDIX No. 10.

REPORT OF THE COMMITTEE ON JUDICIAL ADMINISTRATION AND REMEDIAL PROCEDURE.

To the President of the Georgia Bar Association:

An examination of the published laws of this State for the years 1886 and 1887, with reference to the subjects entrusted to this committee, brings up for revision the following acts:

First. An Act approved December 24, 1886, to authorize the probate of wills made in other States of the Union, by citizens thereof, disposing by will of property in this State. A comparison of this Act with section 2434 (a) of the Code, Act of 1874, shows that said section is not affected by it. Comparing it with sections 2435 (a and b) of the Code, Act of 1878, it appears that section 2435 (a) remains untouched-that section 2435 (b) down to the clause immediately preceding the proviso, is repealed, so far as it relates to the mode of proving wills. The clause not repealed is the clause which affects wills not probated in other States. Comparing this Act of 1886 with the Act of 1883 on the same subject, it is plain that the first section of the Act of 1883 is repealed, but not the second section thereof.

The Act of 1886 violates the settled policy of this State, that real estate therein shall only be conveyed according to the laws of this State, and makes the laws of the other States the law of conveying property by will in this State. It also violates Article 4, Section 1 of the Federal Constitution, which declares the faith and credit to be given to judicial proceedings of other States. A new Act covering this whole subject of the probate of wills made in foreign countries and in other States of the Union, is much needed, and this committee, in order to facilitate this reform, has prepared such an Act, which will be found in an appendix to this report. Second. An Act to change the Constitution of 1877, by increasing the number of associate justices of the Supreme Court from

two to four—a change which will probably be adopted by the people and prove of inestimable value. We say of inestimable value, because it will produce a more thorough discussion of cases submitted to the Supreme Court, and sounder decisions, and will enable the judges to prepare opinions which will command the respect of the bar and prove landmarks in the law.

Third. An Act compelling an attorney to testify as to all matters of which he may have acquired knowledge otherwise than by reason of the relationship of attorney and client, or by reason of his anticipated employment as such attorney. This Act restores the law to the condition in which it was prior to the Act of 1866.

Fourth. An Act providing for the enforcement of special liens for rent in the same manner in which general liens are enforced. This statute repeals several decisions of the Supreme Court and dispenses with the pleadings heretofore required by the Supreme Court decisions, but not with the proof necessary to sustain the claim for a special lien.

Fifth. An Act to change the condition of the claim bond in attachment cases, so that the claimant's bond must be for a sum not larger than double the amount of the attachment levied, unless the property attached is of less value than the amount claimed. in the attachment, when the amount of the bond shall be in double the amount of the property attached. When we remember that the condition of the bond so changed had existed from 1836 to 1887-had met the approval of Judge Cone, in his revision of the attachment laws in 1855, and had been adopted by the codifiers in 1861, we may well pause to admire the courage of that legislator who attacked and conquered a wrong so venerable for its age and so repected by genius and learning.

Sixth. An Act to allow the successful litigant in cases tried before the Superior Courts of this State, to file a bill of exceptions for a revision of alleged errors committed against him, and to require the Supreme Court, if a new trial is ordered, to decide upon the points made by the successful party to the case in his bill of exceptions. The only change made by this Act in the existing law as found in the Code, section 4251, is that the Supreme Court shall consider and decide upon the points raised in both bills of exceptions, if a new trial is ordered, as well by affirmance as by a reversal of the decision of the Superior Court.

Seventh. An Act giving husbands and children, if any, the right in all cases where homicides are the result of crime or criminal neg

ligence, to recover from the party or parties inflicting such wrong and injury, the full value of the life of the wife and mother, without any deduction for necessary and other personal expenses of the deceased; also giving a mother, and if no mother, a father, the right to recover for the homicide caused by crime or criminal negligence of a child who is a minor or sui juris, when she or he receives a full or partial support, voluntary or otherwise, from such child, unless said child leaves a wife, husband or child surviving, the full value of such child's life, without deduction, as above described; also a widow, and if no widow, a child or children, the right to recover for a homicide caused by crime or criminal negligence the full value of the life of the husband or father against the party committing such wrong and injury, without deduction for necessary and other personal expenses of the deceased, had he have lived. Of this Act it may justly be said, it gives compensation for injuries beyond the extent of the injuries; in other words, it violates the general principle of law which declares that private property shall not be taken from one person and transferred to another for the private use and benefit of such other person, and that it gives compensation for injury to persons who have no legal claim for any compensation.

Eighth. An Act to provide for the sale of trust property, requiring a full report of the sale and re-investment of the proceeds of such sale, and giving the Judge, who orders the sale, a right to reject the re-investment and enforce another investment, and also giving the parties to these proceedings before the Judge the right to report any failure of compliance with the orders of the Judge. The right here given to the Judge to reject re-investments and enforce re-investments, fills an omission in the law.

Ninth. An Act to provide for the amendment of affidavits for the foreclosure of liens, which repeals, to a certain extent, section 3504 of the Code. This change in the law is consistent with other provisions of the Code which allow amendments of affidavits of illegality, and sworn bills in equity.

Tenth. An Act to allow plaintiffs in fi. fas. in claim cases, the right to withdraw the fi. fas. from the office where deposited, placing in said office a duly certified copy of said fi. fa. This Act was rendered necessary by a decision of the Supreme Court denying plaintiffs in fi. fas. the right to withdraw the fi. fas. pending litigation thereon-sometimes a most necessary step for the pro

tection of the plaintiff's rights and which could not possibly injure the claimant.

Eleventh. An Act providing the means by which a vendor of personal property, reserving the title, may collect his debt for the purchase money in the same manner as a vendor of real estate. This form of sale of personal property coming into use since the war has given rise to much legislation. First, an Act was passed requiring such sales to be in writing except as between the parties to the sale; second, an Act requiring a record of such sales as in case of mortgage of personal property; third, the Act under consideration, providing the means of enforcing these sales. It would seem that legislation on this subject was now exhausted, yet who can so affirm.

Twelfth. An Act to provide a uniform mode of procedure in civil cases, except as therein provided. The first two sections of this Act allowed all civil suits pending in the Superior Court to be tried, with reference to legal and equitable relief and remedies in the same trial, will prove valuable in judicial administration. Passing from a further consideration of the Acts of the last General Assembly, to the matters specially referred to this committee, we come first of all to the subject of improving the present jury system. We affirm that such improvement can and should be made by Acts to the following effect:

Require Judges of the Superior Court in drawing jurors, before changing the names drawn from one box to another, to make a list of the same, designating for what service, whether as grand or traverse jurors, and then to place said list in an envelope, to be at once sealed and delivered to the Clerk of the Superior Court, not to be opened or interfered with in any way until ten days before their service shall begin. At that time the same must be opened by the Clerk of Superior Court and Ordinary of the county, who shall make a correct entry of such lists on the minutes of the Superior Court signed by them, and said Clerk shall at once issue a venire facias directed to the Sheriff or his deputy for service. By such an Act the opportunities so graphically described by the lamented Judge Hall in his address to this Association for "horse sheding and pillowing," would be in a large measure removed. If the Judge of the Superior Court was required to draw, as traverse jurors, eighteen names from the box of traverse jurors and twelve names from the box of grand jurors, to be summoned as traverse jurors for the trial of civil and