The enquirer. [volume] (Richmond, Va.) 1804-1815, 1809-12-23

of, was between FIVE hundred and one hun
dred dollars. And tie same stay of execu.
ton. and ON the sau,e terms, as were sug-
yested in the last nuFaber, might he permit
ted to the party, wishing to attempt redress
in the appellate courts.
| There is particular class of appeals.
which are now permitted to the conr: ofap
peals, which are found very unreasonably
to consume the time of the court. alludc
70 controversies abou; mills, wills, roads and
letters of administration. In these cases,
appeals are allowed, as to matters of fact,
as we'll as law, and he witnesses are sum-
moned TO attend the sourt of appeals i'm per-
SON. When one of hese cases occurs, the
court is employed fer many days together,
In taking down tho evidence of the witness
es. preparatory to discussion of the Cause !;
and this necessarily Interrupts. and puts a
stop 70 all other business. The witnesses
being summoned, frequently from a great
distance, the cDsts of their attendance and
taking down their testimony, prove extreme
ly burthensome And in addition to these
objections to the mode of proceeding, in this
description OF cases, il is certain that the
court of appeals, is not as competent to
judge of the crelibity of the witnesses. as
a court would be, sitting in the neighbor
hood OF the parties. where their characters,
y u,
can be property estimated. Besides in courts
contiguous to the scene of dispute, and 60
the residence ofthe parties, even during the
progress OF cause, evidence can be adiucel
To explain, the subjects in controversy, and
remove any difficulties which NAV ,:rise.-
There ate now about ninety superior courts,
from which this description OF appeals. may
be brought to the court Of appeals. Suppose
a controversy to arise about a mill. a will,
or road. in the superior court OF law for
the county of Harrison or Wood. the wit
neSses IN case OF an appeal, must be sum-
moned to attend the court of appeals. Is it
not obvious, that the expenc will be so
normoua as to preclude this favorite right
OF appeals. to all but the wcalthies, su,ors
10 the man OF moderate circumstances, it
will be a denial of Justice
The law should be so altered as to direct
that III controvc rsies COT Corning mills, roads.
wills, and letters or adm inistraton, in the
superior courts of the respective counties, il
either party signifies his intention OF appeal
ing from the judgment of the Court, the e.
violence should he taken down, so tina, the
whole case may go up in paper to the court
OF appeals. In no case should the witnesses
be permitted personally to attend that tri-
bunal, Ii neither party requested to have
the evidence taken down in writing, then
the Judgment of the superior court of the
comfy should be final, but either party
should be at Liberty, to state by bill of excep-
tons, or otherwise, any point of law whict,
arose at the trial and if the decision of the
court was incorrect, the party should be
permitted to avail himself of it by writ OF
error. superscdeas, or appeal
An attempt has now been made to suggest
some considerations which it may be impor
tant to attend to in new modelling the court
OF appeals. Whether the alterations which
have been suggested will completely remov,
the Inconvenience which have been cxpe
| rienced under the present arrange nent O
the court, cannot be known with absolut,
certainty. Butitis believed that their influ
| ence would be highly beneficial.