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ed. To give a single instance, the system of listing and taxing property at present in use is obviously grossly imperfect, deficient and unfair. The whole subject, which is a very important one, ought to be thoroughly investigated and a new departure taken. This cannot be properly devised or accomplished in the course of a single session of our biennial legislature. Time must be taken to do the work. A properly constituted commission should examine the subject and make a considerate recommendation. This commission may be clothed with the legislative sanction, or perhaps it may equally as well be volunteer. If our association should take the initiative in this matter, and select those of its most judicious and experienced members, with the suggestion publicly made that they would like to consider the subject of taxation and the grand list in conjunction with representatives to be selected from the farmers, merchants, bankers, manufacturers, and other leading interests in the state, a movement would be commenced which could do no harm and might result in great good. This idea is thrown out rather as a hint respecting the powers for usefulness which are within reach of our association if we will seize and pursue them, than as indicating any recommendation for present action which I am prepared to make. The influence of an organized body of intelligent citizens, agreed in mutual effort to forward and promote the welfare of our commonwealth, cannot easily be over-estimated. Let us endeavor to use our position and our new solidarity for the good of the state as a whole, and not alone for the personal gratification and benefit of the members of our own profession.
The system of rules for the county courts of the state which I have the honor to suggest is respectfully submitted with this report.
ALDACE F. WALKER.
RULES OF PRACTICE AS ADOPTED.
ENTRY OF CAUSES.
1. All causes shall be entered with the clerk on or before the second day of the term. No cause shall be thereafter entered without special leave of the court, and after notice to the adverse party or his attorney. .
"NEW ENTRIES” DOCKET.
2. The docket of new entries shall be called on the fifth day of each term, or at the conclusion of the civil jury trials, if before the fifth day, at which time new causes shall be disposed of for the term, or assigned for trial, if triable. All appearances shall be entered on or before the third day of the term ; attorneys, in entering appearances for defendants, shall specify upon the docket the name of the party or parties for whom they appear, if there is more than one defendant in the cause. When either party fails to appear, the clerk shall make such entry as the party appearing shall be entitled to and direct.
DILATORY PLEAS AND MOTIONS TO DISMISS.
3. All dilatory pleas, and motions to dismiss of like nature, shall be filed on or before the third day of the first term ; and twenty-four hours shall be allowed for filing each subsequent pleading until issue be joined.
"NEW ENTRIES,” WHEN TRIABLE.
4. The following classes of new entries shall be triable at the first term, to wit: causes standing upon dilatory pleas, or motions to dismiss ; petitions ; divorce causes; appeals from courts of insolvency and criminal causes.
All other causes, except collection suits, shall be continued at the first term, unless defaulted. But in actions of account and book account, judgment to account shall be entered—unless the state of the pleadings shall prevent—and an auditor shall be appointed ; and in all cases requiring the appointment of commissioners or committees, such appointment shall be made.
"COLLECTION SUITS” DEFINED.
5. Every action, original or appealed, declaring specially upon a promissory note, order, bill of exchange, check, draft, acceptance, jail hond, judgment, decree for the payment of money, recognizance, account stated, award of arbitrators, replevin bond, accountable receipt of assumpsitor trover on receipt for property attached, bond for the payment of money only, of ejectment upon a mortgage or for nonpayment of rent, or action under $ 23, C. 46, Gen. Sts., scire facias against bail on mesne process or to revive a judgment against an officer for neglect on execution ; and also every action in which the declaration contains the common counts in assumpsit, where notice in writing by way of specification of the plaintiff's claim, stating that the plaintiff will claim judgment only upon some one or more of the written instruments hereinabove mentioned, describing the same, and setting forth a copy. thereof, shall be served with the writ or filed with the county clerk at least ten days before the term when the action is entered,—is to be deemed a collection suit.
COLLECTION SUITS_HOW DISPOSED OF. 6. In collection suits the plaintiff may file a new or amended declaration for the same cause of action on or before the third day of the first term. Demurrers in collection suits shall be filed on or before the fourth day of the first term. And collection suits may be continued at the first term, provided the defendant, on or before the fourth day of the term, shall file a written motion for continuance, accompanied by an affidavit, setting forth that a good and sufficient defence to said suit is believed by the affiant to exist, and stating the nature and grounds thereof. Unless such affidavit be filed, and accepted by the court as made in good faith and sufficient, the plaintiff shall be entitled to judgment at the first term.
NEW DECLARATION. 7. In all causes not disposed of at the first term, the plaintiff may file a new or amended declaration for the same cause of action at any time during the first term, or within one month after that or any subsequent term.
DEMURRERS. 8. After a demurrer has been filed, and before hearing thereon, the opposite party may amend the pleading demurred to, upon paying the demurrant his costs pending the demurrer, and taking no costs during the same time if he shall finally succeed.
Upon a decision of the court overruling a demurrer, the demurrant may replead upon terms as last above provided. But the court may enforce judgment upon the demurrer if the same appears to have been pleaded for purposes of delay merely.
PLEADINGS. 9. All special pleas, including pleas of the general issue with notice, and pleas in offset, shall be filed within two months after the first term, or after a new plea or amended declaration is filed. One month shall be allowed for filing each subsequent pleading until issue be joined, to be computed from the filing of the pleading which it answers.
Upon the continuance of any action on which no trial has been had, either party may change or amend his pleadings within one month after the rising of the court, to be followed by subsequent pleadings within the last foregoing provision, if required.
At the time of filing any new or amended declaration, demurrer or other pleading or specification, the party filing the same shall furnish the adverse party or his attorney with a copy thereof, either by personal delivery or by mail.
No pleading shall be received by the clerk subsequent to the time provided for the filing thereof, without the written consent of the adverse party or special order of the court. In case of such filing by consent or order, the adverse party shall be entitled to a continuance, unless he shall thereafter reply to such pleading, or set the case down for trial by jury.
GENERAL ISSUE. 10. If a cause be continued, and no special plea or plea of the general issue with notice be filed, the general issue shall be considered as pleaded, and either party may proceed to trial thereon.
The similiter and joinder in demurrer shall in like manner be treated as filed when required.
SPECIFICATIONS, ETC. 11. Specifications, oyer, and copies of all written instruments recited or referred to in any declaration or other pleading, shall be filed with the clerk or furnished to the adverse party or his attorney, within forty-eight hours after notice therefor, if in the term time, at a term when the cause is tria