Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1807-03-24
VIRGINIA ARGUS.
r 1 c II II o n d.;
TUESDAY, MARCH "a, 1907.

virginia by the last General Assc mbly, NAV
be considered, as they respect, first, the
of justice in civil cases se-
condly, the code of penal laws; thirdly, the
pubic police; and, lastly, the revenues OF
the state. On each of these subjects, in COM
piiance with our promise TO the readers of
the Argus, we shall now make few ohser-
vations.
1t cannot be denied that the session of AS
sembly, which commenced in December.
1906, Will be ever memorable for the inn
provements introduced into the admiiistra-
ton or justice in controversies between man
and man. The act "To extend the juris-
diction of justices of the peace" particu-
larly, tends to prevent the DELAY and ex-
pense which has hitherto attended the re-
covery 81 small demands, Ivy substituting
the SImmary and expeditions remedy of a
warrant, under proper regulations, in The
room OF the ng-neglccted, and therefore
tedious and expensive mode Of proceeding
by petition and summons. We trust our
GLOW citizens Will no longer have reason
to complain that greater length of time
was requ site TO obtain a Judgment on a
plain bond for fistaen dollars, than in dis
putable suit for five hundred. The leaden
slumber OF petition docket, which i'm ma
NY counties, was not awakened more than
once or twice in two or three years, willno
longer be theme of Just reproach against
the magistrates lthas been said by some
that the right of appeal from the sentence
OF single magistrate, which the new law
allows, will produce the same inconveni-
ences; but that opinion was evidently found.
ed III prejudice, and derived from n hasty
ana inaccurat view of the various parts of
the system intended TO be estab. ished. The
provision in the act by which stay @. cx-
ecutlon for forty days is given in the judg
ment of justice of the peace, for sum ei-
ceeding ten dollars, exclusive of costs and
interest, must etectually remove all TEMPT
alton OF appealing from any such Judgment,
except In cases where the party against
whom 1T is rendered shall think himself re-
ally aggrieved. The magistrate too, beng
aware that he has not the power of abso-
lutely and uncomfortable deciding the con-
troversies before him, but that if he should
commit injustice, his errors or his inioui-
ties would be exposed in an examination
before the court ofthe opinion he has given,
VIII probably be much more cautious and
considerable ofthe propriety fhis judgments,
than he otherwise would have been. AS
those Judgments, moreover, are to be pro-
nounced according to the principles ofequi-
ty, Which every man of plain sense is capa-
bic OF understanding, and are not tobe fet-
tered or perplexed by the rigid rue of the
common law, we may presume they will
generally be correct. Appeals, therefore,
IN such cases, must necessarily be eXtreme-
ly rare, unless the people of Virginia
should prove to be so uncommonly and un-
accountablv litigicus, as voluntarily 70 sub
Ject themselves to heavy costs, by appeal-
ing, merely fer thepurpose of plaguing their
adversaries, without any possibility OF adj
vantage to themselves which cannot be
expected. As the appeal is to be tried az
the court to which 1t may he returnable, un-
less good cause be shewn by either party
tor continuance, defendant who should
appeal, without any just cause, from the
Judgment OF justice, would act with great
absurdity since, in all probability, the de.
lay which might be obtained by appealing.
would not be greater than the stay of exc
cution allowed him without it; and would
burden himself besides with damages and
costs The consideration, also, that after
decision should be had, on such appeal,
no stay of execution would be granted.
and that no security is to be taken on the
execution issued thereupon, will certainly
have great weight with every man having
the least regard to his own interest. and ef-
fectually discourage him from appealing,
where his grounds of objection to the iudg-
ment are not strong indeed. The
system, therefore, appears to be IS
well organised as possible to accomrl,sh
the end proposed, of speedy and cheap adj
ministration Of justice. The stay of exeCu-
ton ought not to be objected to by creditors.
since it will have the good effect of prevent
ing appeals for the sake of delay, and Of of
ten obliging them to get security for debts
that might otherwise be lost and since no
security is to be taken on the execution af-
forwards issued against the debtor and his
security jointly.
An act "Concerning constables, - which
may be considered as auXiliaryto thatexten-
ding the iur sdiction ofiustces Of the peace,
has wisely authorised the courts appointing
them to increase the penalty of their bonds
as far as fifteen hundred dollars has di-
rected the several counties to be laid off IT.
10 districts, and one or more constables to
be assigned to each, whose duty it shall be
to conhne themselves in the service Of war
rants and executions a. the limits of their
respective districts, and to return all war
rants tosome place therein. This arrange
ment will compel the constables to do their
duty, prevent the people from being har.
raised as heretofore, by warrants, reauir-
ing their attendance at inconvenient distan-
ces from home, and greatly facilitate their
trial and proper decision.
An act concerning the attendance Of
witnesses in the inferior Courts tvhirb