FOR AN ACT TO BE ENTITLED: "AN ACT TO ABOLISH THE APPEARANCE TERM IN CIRCUIT COURT PRACTICE."

Section 1. BE IT ENACTED by the General Assembly of the State of Tennessee, That the appearance term in Circuit Court practice as now defined by law is hereby abolished. Original summons shall be returnable to the next first Monday succeeding date of service, provided said service shall be had more than ten days before said first Monday. If said first Monday shall precede the ensuing term of the circuit court thirty days or more, said ensuing term shall be the trial term unless contingencies hereinbelow provided for shall intervene.

Section 2. BE IT FURTHER ENACTED, That copy of declaration shall accompany summons, except in attachment

cases.

Within ten days from and after said return day, the defendant shall be required to make defense. But the circuit court clerk is empowered on good cause shown by affidavit to

*New York legalizes any rate on call loans made on collateral security.

grant an additional ten days in which to defend, provided such extension does not go beyond the first day of the ensuing term.

Section 3. BE IT FURTHER ENACTED, That if defendant interposes the general issue or pleas equivalent thereto the cause shall stand for trial at the ensuing term occurring more than four weeks from the return day.

If defendant demurs to the declarations the demurrer must be accompanied by an affidavit made by his attorneys to the effect that the demurrer is filed in good faith and not for delay and that he or they, upon his or their professional honor, state the belief that said grounds of demurrer are well taken. When so done, the succeeding term shall stand as heretofore-the appearance term. If process be not served more than ten days before said first Monday, but within said ten days, the first Monday next removed but one shall be treated as the appearance or rule day.

Section 4. BE IT FURTHER ENACTED, That if defendant's demurrer be frivolous or not interposed in good faith, the demurrant shall be taxed with all the costs accrued up to and at the time of overruling same and shall be required to pay or secure said costs before permission given to plead over.

The course provided for demurrers shall apply to pleas in abatement, pleas of null tiel, res judicata and in bar.

Section 5. BE IT FURTHER ENACTED, That if defendant interposes a special plea or pleas which plaintiff deems demurrable, plaintiff shall demur within ten days after notice. in writing of the filing of the same; and he may either direct the clerk to transmit the papers to the circuit judge for his action on the demurrer at chambers, after giving five days notice to the opposite party, or his attorney, or he may defer action until the opening of the court, in which case the ensuing term shall be the appearance term. If the circuit judge disposes of the matters at chambers and the record is filed with the clerk more than ten days before the ensuing term and shall overrule the demurrer, the plaintiff shall at once take issue and if this be done more than ten days before the term and defendant be notified thereof, the cause shall stand for trial at said ensuing term. If the demurrer be sustained and the pleas stricken out for matter of substance, plaintiff shall be entitled to judgment by default at said next term. Writs

of inquiry to issue returnable to the next term. The circuit judge may in his sound discretion permit amendments of pleas in matters of form, but this shall not delay the hearing.

Section 6. BE IT FURTHER ENACTED, That if plaintiff merely takes issue on the special pleas within ten days succeeding the filing thereof and more than ten days preceding the succeeding term, the cause shall stand for trial at said succeeding term.

If plaintiff interposes a special replication or replications and permission is given to file more than one, which replication or replications shall necessitate a rejoinder other than a formal one, then the succeeding term shall be the appearance term as heretofore. Replications shall be filed within five days after pleas where no demurrer is to be interposed.

If the parties fail to plead within the several times herein allowed, judgments by default may be taken on the first day of the succeeding term.

Section 7. BE IT FURTHER ENACTED, That the several circuit judges are vested with sound discretion as to the granting of continuances and setting of cases for trial so as not to work injustice.

Section 8. BE IT FURTHER ENACTED, That this Act take effect and be in force from and after July 1st, 1915, the public welfare requiring it.

A BILL

FOR AN ACT TO BE ENTITLED: "AN ACT TO PROVIDE AND PAY THE NECESSARY EXPENSES INCURRED BY THE CHANCELLORS, CIRCUIT AND CRIMINAL JUDGES OF THE STATE IN THE DISCHARGE THEIR OFFICIAL DUTIES.

OF

Section 1. BE IT ENACTED by the General Assembly of the State of Tennessee, That there be, and is, hereby appropriated from the treasury of the State of Tennessee the sum of six hundred dollars per annum, payable monthly, to each of the Chancellors, Circuit Judges and Criminal Judges of the State of Tennessee, to be used by them in paying their trav eling expenses, board, clerical hire, stationery, postage, expressage and other necessary expenses incurred in the discharge of their official duties.

Section 2. BE IT FURTHER ENACTED, That this Act take effect from and after its passage, the public welfare requiring it.

A BILL

FOR AN ACT TO BE ENTITLED: "AN ACT TO REQUIRE JUSTICES OF THE PEACE TO ISSUE SUMMONS IN DUPLICATE, AND OFFICERS SERVING SAME TO LEAVE COPY WITH DEFENDANT."

Section 1. BE IT ENACTED by the General Assembly of the State of Tennessee, That hereafter all Justices of the Peace in the State be and they are hereby required to issue all summons in duplicate and all officers serving said summons shall leave one copy with the defendant. Anyone violating this act shall be guilty of a misdemeanor.

Section 2. BE IT FURTHER ENACTED, That this Act take effect and be in force from and after July 1, 1915, the public welfare requiring it.

The President: Gentlemen, it has occurred to me that perhaps the matter presented by this report is, or will be, so closely identified with the matter presented by the committee on Constitutional Amendments, that while it would be most wise for us to consider this matter this afternoon, and discuss it, it might be well to postpone final action on the matter until the other committee is ready to report, and let us consider the matters at the same time.. The idea in having this report read this afternoon is to give you thoughtful men opportunity to think over what it contains. This is a very important report, in my opinion, and it brings matters worth while to the consideration of this association, and I would be glad to have a discussion of it this afternoon, but I believe final action should be postponed until tomorrow.

On motion, duly seconded and passed, the discussion and final action on the report of the committee on Legislation was postponed until tomorrow morning.

The President: The Secretary and Treasurer will now submit his report.

The Secretary: At the last meeting of the association held

at Nashville, a resolution was introduced and passed, requiring the Secretary to have printed and distributed to the members of the association, thirty days in advance of the meetings, the report of the committee on judicial administration and procedure. I must confess the Secretary has not lived up to that, but I have a fairly good excuse for it. So far as I am advised the report has not yet been submitted to the Secretary. I understand the report will be presentd tomorrow, and with that apology, I will now read you the financial statement of the Secretary's office.

REPORT OF SECRETARY AND TREASURER.

To the President and Members of the Bar Association of Ten

nessee:

As Secretary and Treasurer of the Association, I submit the following report for the period ending June 23, 1915:

Collections from admission fees, annual dues, and other

sources, to date

Total.....

$ 156.05

1106.00

$1262.05

CREDITS.

Among the disbursements for which vouchers are exhibited is an item of $30.00 paid to the Bureau of Comparative Law of