=The Need for Greater Uniformity in Statute Law.=—In many matters of
business the fact that the statutes are different in every one of the
forty-eight states is a great disadvantage. When wholesale dealers sell
goods on credit to merchants in far-off states they want to know just
what the laws provide in the matter of collecting debts. The only way to
do this is to enquire into the statutes of each state where goods are
sold. So it is with wills, contracts, notes, and so on. In some states a
will must have three witnesses; in others only two. The man who endorses
a note in one state assumes greater liabilities than are assumed by
endorsers somewhere else. To remedy this situation there is a strong
movement to secure uniformity among all the states in the case of
certain important statutes (for example, the statutes relating to
sales). A commission of eminent lawyers has been at work for years
preparing uniform laws on various subjects and some of these have been
adopted by the legislatures of many states. A uniform statute relating
to negotiable instruments (notes, bills of exchange, etc.) has now been
adopted by more than forty states, and a uniform sales act by about a
dozen of them.
=Equity.=—Finally, there is the branch of jurisprudence known as equity.
People think of this word as implying something that is more just than
the law, something which has its roots in the conscience of the judge
rather than in the statute books. But equity as actually administered in
the courts is made up of formal rules which the judges apply in certain
cases without having much discretion in the matter. The rules of equity
are written in books just like the rules of law, and they are about as
precise.
[Sidenote: The origin of equity.]
The origin of these rules is an interesting story which cannot be
narrated here save in the briefest way. In early England there grew up,
side by side with the common law, a set of unwritten rules administered
by the chancellor, who was called the “keeper of the king’s conscience”
and to whom people could appeal for relief when they felt that they had
not received justice in the courts of common law. At the outset the
chancellor, whose office eventually grew into a Court of Chancery,
decided every case on its own merits; but in due course all cases of the
same kind came to be decided in the same way, and thus a set of rules or
principles was gradually formulated. With further growth these rules of
chancery or equity were gathered together, arranged logically, put into
written form, applied by the English courts, brought to America in
colonial days, retained after the Revolution, and they continue in force
at the present time.
Public-domain text, read in full here on John Shaqi.
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