The enquirer. [volume] (Richmond, Va.) 1804-1815, 1805-10-08
'C0MMUNEH7YoW.' I
10 toe Honorable fbe Speaker and Member, of
both Hogfe' Of A.0Smbly Of tie Commonwealth
Of Virginia.

Of Virginia.
THE People of the County of
humb!y conceive, that they have. bv ,opv .xr.'
rience, difcovered certain :mperf.a;ons in r.,
laws of this commonwealth E,..,;.n.. Nv.
,aY' oecauie It was perhaps impoflible for apy
'et OF men to have anticipated certain ipconvc.
nences, which have arifen out of them, at RI.
time ct their adoption And believing. that
the Legislature OF this fate are difpofed to adj.
vert to the opportunities of their conftitu.nts
tho their alledsed grievances be only imap;na.
~: we apprehend that our government is pof.
lrifed OF power of REINFORCEMENT that !,
is approximating in fosne meafure to perfet,ion
that the officers, :exercifing the powers of 90.
vernment, are ditpofed to make every reafi,na-
o'e xper,ment, IN; order to attain the higb,ft
po'hh'e degree of perfection. Under thete i'm.
preii'ons, therefore, we do, with due Difference
to your better Judgments fibmit lie f,l,owinr
iun]eets to be enqured into by you at your next
meeting.
FIRST: Wbefhrr it he NOT abtolutei, u,,eaa,y
10 maze tie too1oing alterations IL. OR G,fSn, 1r
|jmyPrnlience? @V'N
iH "befee'', or not, it svonia be GOOD p,Acy.
TO "rrange TIE niaPiTratet of each eoyoty ;,,o
f'M e1N7ft' aobicb bouId fit three term, r9c5. },
roro,ion' e0ee ehc6 eogERing Of fee naogiarat-5,
airy ,1 gre, or Sv5ou. TO eonRifute a eon,f, apba
N'aDi@ Tff'fTe H0fea annual al7,y for tbe;r Sy.
vfee' ; and that each rksG BonH eonEe 49,.
Iapre'ne maeiHrote qvboG extra bucyrE !. Il ol
oe' 10 eo11ene TIE court and ,vake rc,,,-,, ~ -
n"gHenf mena5e.s TO tie DiRril7 Court, by a,h;cb
20 st nea for tbeir leiuqWeney as tbe cas-, ,,,:,f,
be- - sac '"'e "lt."s,
"nch regulation, ycnr petitioners conceive
would be greatly fa!utary and advantageous in,
a'''nch as 1t would not only greatly accelerate
.'s Communication OF luitice, but il would aif,
e'o"'e more elaborate and ccrrei4 dccifonq
for under this regulation. each 'cIafs woulI h.
aware OF the terms ut which :hey would he ohT-
grd TO mr. and confeqnent.y, would be better
prepared to execute their duty. But undetthe
pre,ent regulation of our comfy cou,fs iun;,.
is often iniuriouly DELAYED and freouen.,v n,sI-
aon'n'ffrsd, owing to the fslf-deterrninatio, of
'ne e, members OF the court, whether, or not thew
VIII tt upon trial.
behdes' we apprehend, that the number
court is equally divided in opinion, where fam-
are allowed to con0itute a court it is extremely
'nconvenIentto obtain decifion.
edly: Hbetbe- ii 4uosia not }. ,,ood t,E...
and eozhReqt quifb R,i.7 fuRife. ~ r1uael al
perSo"'' e,5o bring atI any eogrt o tbi5 rom.
nioneufGl6, TO ei1,s Ee4-itg fer eoG5 '.....
lh's' your petitioners think, would have \
tendency to prevent much unnrcs ffarv and ma
'ic'ouS litigation, which under the ,refc.t ;2x;tv
OF ,he ;aw Is too frequently pratstesi invfdi ,i.
wy t"oie' whole poverty, or vi'Iany, or r:.r.
maps oo'n' render them imPervious 70 law
proceis calculated for the recovery of rhe 80.
&c. which they have incurred nv their m ,,icion.
or tor'tn' lItigionfnefs. exercfcd TO the errst In
qa'etuae and injury of the innoceHt and peaces-
DIE citizens ofthIs commonwealth II is alfoa,
| extremely hard caf-, under the exiAing ,,,y
that the jailor, at the f,t of An info,yent Main
M is bound TO receive and keep an infolv,ut
eeo'oF 81 days, without having fome iecurity
tor ms own expenditures. And farther. the il,e-
rlH' IN the execution Of his office, is equally
anne nahle to the plaintiff, who has properly TO
iMisty legal COTS and TO him who as not
l hsie evils your petitioners depreca.e, and
hope you will impartialIy weigh their impor.
tance.
say Hbefber it avould no: be biebls a64un-
f"seoH' TO tbr Rafe at large, TO rez,ake ARB.
coming bonds ?
That 1t would be good policy TO do them a.
way, is believed, for thefe reafcns bec,uG.
they are generally if not alzuars given for, the
purpofe of delay, and when forfeited, the de-
PENDANT is generally in no better iituatiop, nor
more able to pay, than he was, wien the bond
was given. Befides, this delay adds very mych
to the expenfe of recovering debts. mmcb -.
Yonr petitioners conceive, TO the injury Of both
piain'if and defendant, and only advaDtaoeoue
10 clerks, lawyers, and fllerffs, giving FREQUENT
~ TO the latter, commi!lion upon cormhion.
4tbly Wom'a it not be found sol;cy, and TER
fffly eonhfent svitb jqicf, to make E,,ne ait.ra.
to" in f6e fees of clerks, atio,nieJ and Sheriff..
in certain eases l.? V'
II the fees Of the above officers n,ouId he cir
tailed by the revocation of forthcoming bonds.
1t rs preiumed, that it would be bnt rcaf,nable
they mould be remunerated by rafting them in
certain other cafes, in which we think, aoreea.
BILE TO the exiaiHg law, they are too trivial
Clerks, we think, ihould he placed on the civil
TT, and allowed an adequate faIary Tor their fer
vices, and as much more fuperadded, as would
pay deputy, or two, as the bufnefs of The of.
fice might require. Attornies fees, we conceive.
ought to be enhanced, not only on account of
the lois iuta'ned by the abrogation Of forth.
coming bonds; bnt alto on account of the
great lotS the plaintiff frhains under the prefent
law, IN being obliged, generally, to pay his az
torney dollars in each fiit, but by law he only
receives backl2 dolls. SO cts. from the defendant.
Sherifs, 1t is believed, would he much ipiur.
ed by the propofed amendment and as their
tees, as fixed by law at prefent, are only what is
seileved to be reafonabIe compenfations for the
iervices which they render, it would, we hum
by conceive, be better to raifr their comnifiion
Tor collection gener0iIy. This we believe foe