The enquirer. [volume] (Richmond, Va.) 1804-1815, 1806-01-02

~ "'H : 10 'E''Ta ar al rS.i.e;n~ into an. ~.
lsu :, 8'75 concerning tire big5 eoat Of e.in.r
Mr. q. ohlerved. that two ADVANTAGES world
arne from TINS neafurc. lst. Tie f,v;,, or
puo"S money and sGly, the pr,tnutinr of .ur,,.
one knows that the leviI,a
tnre hei! ITS teliions AZ a very rr,.t 1885,.
II had been lately dated by a grn,Icrnnn So,
Amelia. that every difpu,td hiIl cnfi a, ,.,o .
q, hundred ron"ds. III, u,t!er the nrei..r,t
p'a"' " me Is i'npuird unor any n-,.,,r. s,I
nc wines TO DE relieved. he brings his cafe he.
tore the Lsg'n-turt. Surooie then. an i,...;.;.
dudi s,"n'd appeal tn them TO remit ine ne -
K what would be the confreuerce: ~ r..
:hcceeds, the fate won't. no, only ior. tie .-c
'"' tue or soof. ipcnt on the :nve iyation OF
his cafe. II he fails, the iiat. wo,,lJ Lr. -.
3ooE. Whit it gains only 75r. Tber. h.,
neeh already d''ring the pf,icnt fciIiur, ,wo a..
thrse applications of this fort: and of cour,. 4
or oo2i,. hal been already e:pra,,ed. pr+
couiu Gales OF THIS nature be ref, rr-ed To the
nancery Genres, it would be eaty tn ilIne an in.
Junction to nop proceedings. and to Grant
new trial without invo!vn. the commonwealth
J" any additional eSpences.-A fccO,i stlvan.
.'ge or rms menlure would coi!iG in NOR la
tSfaetory aud efttfuaI atlminiil ration az ;un;,
inrerni'ting fines a,iudedt, intbe nr,C nj n,;,n
let the egiittarr rrcolrtt the i'm &c, frtt pruce..
ny whtc'i that nhieet is attained. A petition ia
nronsht before them, praying that (, fire ij,ou;d
ne reunited. The legina:nre is obliged 10 az
upon me ex-pare evidence produced by the
party hirnitlf. There is no counter-.en;;pory
producrd on the iide of the commonwealth.
anu the decili"n Of the leeiflafrrr mun there
ore hr nere!iarily incorrect. But how woulH
the cafe ftind, If it was referee, 10 4 conrt of
Sqhiry! ihe chancellor would :,evrr think nf
aeSiding, without having the whoe evidence
before him.
1t may perhaps be Objected ('Ir. Byrd Eai.D
that this n,eaf,ire would he impoiing too much
trouble npon tile chancrry courts. Tuis would
not be the efe6t. So far from Interesting. il
would III fafs tighten the Iahonrs of the cnu,1
Now, when an indiv.lua!sas,:r & hsbrin.s
his Gale before the court, aq,ctton of iriidi6fi.
on immediately arifes; aai there il more trout
ole IN fact in arguing fu,h quefion as this,
than III arguing the cafe tff Mr.. B. faid Re
would refer the Honte to the cafe of Warren,
which had been brought before the no ,E. during
me preient T. zion, and which had confirmed
nearly two days OF the cnurt of Wiiiiamfbu-y.
on the EmHie qutition of iu-ifiiction. Even
oeroir the county cogr.5, there was FREQ ,tiy
70 be found the fame doubt about ire i,rifi;cfi-
on ct the court and the cams, con,u npt;oo of
| t'me.-ihe meature which he propolet. conti-
hued tar. Is. was not better calculated 10 PRO.
mote Iu:tice, as itregords'd 'he commonwealth,
| frequently happened t'3t the fine was inpof.d
on.the individual at the fpring term. The me
riii received the money, ard had the nj. of it,
before the legislature aiTembled and the ind
vidual, who was fined un;utly, was TINS ex-
pofed to the lois of his money, until the ea;fl,-
| ture could furnih him with rcdrefs. But l,ouId
the prefent meaiure he adopted, the mans If
redrets would he rafy: and he could fiaair ne
injury rom the want OF competent tribunal,
| TO apply TO.
| MIR. .Prun,y admitted, that fome plan rnirht
ne thought Of brtter than the prefcnt one. He
| was IN the homie, when this power had been ts.
ken tr'n the Executive and hr hoped it would
| be given hack again.
| Mr.. Byrd replied that the two cafes were de.
'erent and that tie rrGiedy propofed by the
gentleman from Harrfon was not frch q ore
IS he had contemplated. Under the former
ivi'em, the cafe was referred IN the Executive
I"nncil, and they might grant a conpieat rr.
| cafe from the fine inpoGa,,. But il was not
MS on,-et TO grant any yrieaf' AT all, hat Gmply
neqv trial Such thing was confident with
the practice Of the courts of law. If an indiyj-
dual was fined on the fre day of the court, and
| any new evidence cnnld he found and produced
before fhe r1iing of the court, il was the cuo,n
to grant him new trial. Ought not the fame
thing to bs granted in 4 conrt OF chancerv! II
tned one dav, oa@ht not an individual TO he en-
titled To an Injunction, the Rcxt DAY, if he can
produce any new evidence?
Mr.. Woodward put 1t TO the gentleman
from Hairion to fay, whetherit would not be
very great trouble and cxpence to travel down
from his county to the executive, to Obtain
rehef The arguments Of the gentleman from
the lille of Wight appeared 70 him conclufiys
with re'pcct tothe time ard expcncc that would
he fd"ed by the contemplated change. Ha
tb"neht that M aggrieved individual was Ger,
ta,n'y entitled to fone remedy for as much
mitchell arofe from exccfEve flies in c;fcs
within the jurfdicfio1 Of the houic, as IN civil
cafes.
Mr.. Prunty. The gentleman Ian ~ has tod
the houie, that it wusld he convenient to us,
Are we then tie only peorie, wto win have
occaion to profit by this change I fuppofe
u we have to arDly TO the chancellor for re-
lief, we hall have tn employ a councillor; will
that be NO expence TO the Individual, rvs
fh1Il have, he fays, to travel down TO t'~ conn,
Gil chamber, But is there no flch thing as q
letter Cannot hIch tling rs that be ient To
the executive council, to af< for rrdrefss
MIR. Harrifon (of Amea) ohitrved that ma
part OF opr judiciary fylen was 70 Odious to
him, ss the cbsncery counts, EefOTe thefe
courts, the credibi'i'y NJ every wi,nrfs is the
fame. IN 'he courts OF law, ,hr witDefs is cx-
arnnrd 7';7'a q'oes irrmmersble tircumfgar
/ .yit| t.,,., r