Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-03-27

~u'S" eHESten tnat, g where there were r1utual
aeo's between the p'aintiH and defendant, one
ueoe m'sh' he set agliRse the otrer. and Ell.
ther pleaded in bar. or given in evidence up n
"the general issue 4, The triai," (but which sra.
tutes never were IN force in this country il has
oeen repea'edly decided in England that debts
NOT s"iCuy mutual, cannot be set against each
o.her tor instance, that in any action brought
oy an executor or administrator, on a bood "a.
Ken oy him tor properly sold belonging to his
,ess,or or htestate, the d. fendaut cannot he al.
.o"ea 10 set OFT against 1t deb due to him
from the tes:a.or in his life time. The case of
browns Atm'I 20 Garland, l Wash. "2l ,e
cognizes the sav'e principle, which is certainty
supported by reason aud good sense; but, AZ
.uat case does not expressly refer tn The Act of
i'fo' CT. =. sect o. Of which the present i
copy that principle may sustain shock ia ,hc
minus or many, "r irue unect.,ed N he ~ p
Tor some lime, which would I've productive of
great inconv
IL appears evilen, therefore that his Ac has
oeen mJniicious'y drawn ard ought 10 be amen.
oeh ~ me next session of Assembly
An Act g 10 memo an Act 70, reducing ir,o
" one Act the several Ac's concerning the ecu.
ot Appeal is Of primary import 7nce, and de.
serves the most particular c"nsidera,i H. Two
'o''cts are Intended 10 be ob,aleed by lie o,ga
hzauoa OF Courts III AZ free country. The ore il
10 nave Controversies correctly decided & soune
"oc ,'ines OF law established the other to a
Vo'd oe'ays OF ju',ice. In our opinion. the con
si'uuoh oi the Court OF Appeal, has been great
~ arne'i1ratcd. as 10 the la,ter of ,h1se objects
nv the Act of the last session of O. ,enbl, bu
rhe p"n' rs not so clear conc erning the former.
me requiring three Terms to b. hell in ca h
yer ana ioT longer periods than formerly; to-
se'nef with the seduction Of the numbcs ofiudr
IS; oy which proPor,innay sr1aller por ion Of
'i'ne WI be c7ntumed in prnnou cling their o i
mons IN cou't are certairlv excrlent provisions
20 diminish the delays, which have hitherto been
80 justly compai led of in !ha, court. The same
Sood end will be promoted by he regulation
'nat no wtit OF Error or SuHersedeas shall here.
a'eer ne g'anied IN open Courj; and tn. no an
re"ls sna be granted from Judgments of j Dis
t'ct Couris on forthcoming bonds. Bur. with
'especr u Ire first great obec, for which I Su
pseme Cou't of Appeals wss insti ute d viz
mar ~ deciding correctly IN the last re, orr, AID
0s'''''S 'ne law by opinions, which ought e. he
generally satisfactory 20 the peor,le, and ,crrn,
nently Apr we'd even by future sgrs: ! 20 r,rc,,
'o'oe Jared Inc new arrangements may prove
essentially detective. The djmiru'ion of the
NUMBER OF the Judges, especially while 2 division
o' "Phioh among them occurs so f,cuuentlv as
" mas aieiy, must necessarily have tine efTect of
aI'niniihing the respect paid to their decisions
ana ct thereby increasing that fluctuation and
uncertainty IN the law which is the fruitr,I ma.
rent OF htgation. The Legislature appear TO
nave placed = great dependence on the alen,s or
two of the Gentlemen. now on the bench rs .Lo
Court OF Appeais, but who, unfortunately. ors
an'oSt continually divided in opinion IF the
o'ner TWO should also frequently vnte on d; fr,ye,,
Sioss' the inconvenience OF a cout often divi4el
@nu OF con Sc on such occasions, settling no
PRINCIPLES, will be the inevitable cons,onsnc,
II one ci the two judges. who are suppressed 70
DC l.ierior m abilities should die Fin which
NN'e '"e court IS 10 consist of three only I the
survivor won give the casting vote. v,bercver
the rest of the court were divided he 81 60
might sing'y give the law TO the state of V,rp.
MA IN multi' ndc OF important Gases Ifd.ath
VINO makes no distinctions between men sh Md
Deprive ms ct one of 'he most abe menrbeys &c
tue court The other woui enher govern the rest.
or trequer ~ stand alone, bei.y yer ,uea h,
men possessing nor go much rs himself n. conf
"ence 81 the public. Thus whether the nun
oer o' urges should continue 20 be four, or he
reduced TO three lin every igh, Ia which ,bo
subject can be contemplated. very ser;ome ol,;.c
uons present 'hem3eves 20 the arrance,na,,
now made The number hye was SUI civ cbo.
sen Jnncious'y ~ hrs,; s.nce, when The com,
was tu'i' which on questions of difficulty and
inheritance was generally the case : the co,.,.-
ring opinions Of three Judges at Iels, were On.
tanned 20 gave weight TO The decision. and ~ ,s,.
tie any d'sputab'e point CT law TIA, nu,rber.
moreover was not 50 great as to make their saa-
mes burthen to the state, or to have occas;rnsd
any considerable delay IN determinin, ,he capsss
before them 80 NN"'''
1t therefore. the terms had been increased AND
other useful regua ions. introduced for cxrs,iit.
ing the progress of business in the court of an
peais' aud five JUICES retained, instead Of f,,,,
or OF three, We conceive the organ; .ation Of the
courts would have been vastly preferable a TIA,
which has now been made. But, unfortunately .
suen was the situation Of the finances Of he
state thar the legislature could not increase
the salaries OF the judges, (which, on all hands.
were agreed to be inadequate1 withou ysi.io1
Inc taXesi and, IN the present year of Scarr;ty
'hey could not with propriely have made anv
addition TO the pubic buuhens. YET addi,;.
onal services from the judges had become a,>,o.
utely necessary; but could not be demandsd
without increasing their hitherto scanty conpen.
'as ons. The res gna'ion f Judge Caring on
Afforded an opportunity 10 enable the Assemble
% ge' nd OF part Of this perpl- xi,y, BY the
ingenious eEpedient Of enaclng thar the
,lcancy thereby ocssioned should nor he
'led. and dividing his salary am ng the re.
naming members Of the court. That exned;.
mt was accordingly embraced, and carried s,;ll
adheF by declaring that in like manner the
lumber 81 the judges shall eventually be rsIn-
et tothree' Bur, certainly, itgis most Iansn
aole thing inat IN; poverty of the stare Of Vir.
una should have oceasipnsd an essential injury
o the dignity aad utility other Supreme Court.
OF the purpose Of saving the small sum Of three
y tour thousand dollars per annum. Il is 10 be
oPen, therefore, that. at some future day, this
PROCEDURE will ne coyvsrted