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in favor of it, and I hope the Bar Association will adopt the resolution suggested by Mr. Turnbull.

Mr. Turnbull: It has been suggested by one of my friends that the motion I made merely referred to circuit courts. I meant all circuit and corporation courts.

Mr. Tunstall: Mr. President, may I make this suggestion? The court stenographer may be desirable, but it is a matter that leads to debate. It is now after one o'clock. The Association's time has been broken into this year by the convention which was held yesterday, and I was going to ask if it would be satisfactory to Mr. Turnbull and the Committee to recommit this particular subject for another year. As a practical matter I do not see how we can debate any controverted subject to-day, and I offer that as a substitute.

Mr. Turnbull: That is satisfactory to me.

Mr. Tunstall's substitute was seconded and adopted.

Mr. James W. Gordon, of Richmond: Mr. President, as the mover of the resolution, I would like to know what became of the resolution about the resumption of the publication of Virginia Appeals?

Mr. Coxe: The sentiment of the Committee was that, as there had been two efforts to publish Virginia Appeals, both of which have been abandoned, and as the West Publishing Company's reports come out about as quickly as the Virginia Appeals did, no useful purpose could be served by advocating such a publication.

Mr. J. Jordan Leake, of Richmond: We felt that if Mr. Jones and Mr. Watts could not make a success of Virginia Appeals, no one else could.

Mr. Gordon: The Virginia State Bar Association has never tried it.

Mr. Leake: Do you mean that we should subsidize it?

Mr. Gordon: No; refer it to a committee to see it if can be done. I would like to move that the matter be referred to the Executive Committee.

Mr. C. M. Chichester, of Richmond: Mr. President, I should like to offer an amendment to Mr. Gordon's motion, that the Committee consider the resumption of the publication of Virginia Appeals or some similar publication in connection with the publication of a law journal.

Mr. Gordon: I want them to consider the publication promptly of advance sheets of the decisions of the Court of Appeals of Virginia.

The motion as amended was seconded and adopted.

Mr. Maxwell G. Wallace, of Richmond: Mr. President, the Committee on Legislation and Law Reform submitted another bill, to permit proceeding by notice of motion in chancery as is now the practice in actions at law. Sooner or later we will have our procedure regulated by rules of court rather than by statute. If you can lessen the separation between chancery and law, the courts can better shift cases from the law to the chancery side. We believe, and your Committee believes, that this is a step in that direction. I therefore offer this resolution:

Be it Resolved, That the General Assembly be requested to consider and adopt the following bill:

A BILL

To Allow Remedy by Motion After 15 Days' Notice, in Lieu of Suit
By Bill in Chancery.

Be it enacted by the General Assen.bly of Virginia, That any person entitled to maintain a suit in chancery may, in lieu of such suit by bill

in chancery, proceed by motion before any court which would have jurisdiction of such suit, after not less than 15 days' notice, which notice shall be in writing signed by the plaintiff or his attorney, and shall set forth the cause of the proceeding with similar clearness as in a bill in chancery and shall be returned to the Clerk's office of such court within 5 days after service of the same, and when so returned shall be forthwith filed and the date noted thereon, and shall be docketed on the return day thereof. The return day of such notice shall not be more than 90 days from its date, unless the commencement of the next succeeding term of court be more than ninety days from such date, in which case the return day may be some day of such term. No plea in abatement shall be received after the defendant has demurred or pleaded in bar.

But the notice shall not be sent out of the county or city in which the proceeding is except in those cases in which on a bill in chancery the process could be sent from out thereof. The defendant may make the same defences to the notice and in the same manner as defences are made to bills in chancery.

Mr. Hill Montague, of Richmond: Mr. President, I want to express my opposition to that bill. I see no occasion for it. I have always favored the remedy by motion in actions at law; that has been pretty well settled now; but I see no reason at all for motions in equity. I have had experience in other States in association with attorneys in those States, and I find that the complaint used in New York, Georgia, North Carolina and some other States requires far more work than our ancient bill in chancery.

Mr. Turnbull, of Victoria: Mr. President, may I offer the same resolution, which Mr. Tunstall did to my court reporter motion, to this bill, that it be recommitted to be taken up next year?

Seconded and adopted.

The Association then went into the election of officers, and the following gentlemen were nominated for the respective offices and the Secretary, by motion duly seconded in each case, was instructed to cast the unanimous ballot of the Association for the election of the nominees named and they were accordingly elected, as follows:

President Mr. James H. Corbitt, of Suffolk.

Vice-Presidents-Mr. R. L. Pennington, Southwest; Mr. S. V. Kemp, Piedmont; Mr. Joseph F. Moore, Valley; Mr. J. Gordon Bohannan, Southside; Mr. James G. Martin, Tidewater.

Secretary and Treasurer-Mr. C. M. Chichester, of Richmond.

Delegates to the American Bar Association-Mr. James R. Caton, of Alexandria; Mr. John S. Barbour, of Fairfax; Mr. Duncan Curry, of Staunton.

Members of Executive Committee-Mr. Robert K. Brock, of Farmville; Mr. James W. Gordon, of Richmond.

The appointment of the Committee to present the proposed Bar Act to the Legislature was deferred.

The Association then adjourned subject to the call of the Executive Committee.

C. M. CHICHESTER,
Secretary.

ANNUAL REPORTS

1927

REPORT OF SECRETARY.

THE CAVALIER,

VIRGINIA BEACH, VA.,
August 3, 1927.

To the Virginia State Bar Association:

The activities of the Secretary for the year beginning July 1, 1926, and ending June 30, 1927, in addition to the routine and ordinary correspondence, have been along three principal lines and will be presented under titles corresponding, with the addition of a fourth matter, which is being submitted as a recommendation.

1. Circularization of the Membership and of the Bar.-During the past fiscal year of the Association there were sent out under the supervision of the Secretary's office upon several occasions pamphlets containing the report of the Special Committee on Organization of the Bar and various articles written. on that subject, not only to the members of the Association, but to the whole bar of the State. While these several circularizations of the membership and of the bar entailed considerable expense in printing, postage, stationery, etc., it is believed that a great deal of interest has been aroused and the Association has been enabled to render a distinct service in bringing before the members of the bar and the public a matter of vital interest not only to the bar, but to the public-the proposed organization of the bar into a self-governing body.

In addition to the sending out of pamphlets the membership of the Association has been circularized several times in preparation for the annual meeting which is now in progress.

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