The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-06-28
FOR THE ENQUIRER.
THE COURT OF APPEALS.

run NE roy OLHERs
: THE COURT OF APPEALS ,
This court, which has been IN constant
session since the first day of March. is now
about to rise. we understand. on all adjourn
ment to the 10th of September. 1t must
be pleasing to the reader 10 learn, that This
session has demonstrated the practicability
OF Gearing the docket of the court of APP
Peais certainly in the course of the ensuing
year--vsfy probably before this time twelve
month; and reducing the business of that
court to the current appeals OF the year,
which may be dispatched IN two sessions OF
two months, each-probably If one month
each, annually Heretofore, the highes,
average OF causes disposed of in the
Curse OF the year, has been fifty, and in
some years not More than twenty: AT this
session, the court has dispatched no less
than one hundred and fifty. tits understood
thal they will have in hand from 90 20 so
causes more. the records in which they will
rake with the m daring the summer, So as
to be prepared 10 pronounce their decision
ON them, when they resume their sitting in
September ; and il is confidently. believed,
that by the LIST day of December, hey will
have added $50 other DECISIONS 10 those al :
ready pronounced. making an aggregate of
500 causes taken from a tlocke of $50 in
less than seven months OF session. The
harmony and consentaneous, ardour with
whichthe court carries on its operations.
and the general satisfaction which they
give by their decisions, afford a most plea
sing presage ot ,he future, aud dissipate, en-
tirely, every apprehension which the friends
OF the country have, heretofore entertained
OF the impossibiity of keeping the stream
OF this docket clear. -
On comparing the language of the Act CT
the last onrequiring them to continue
their sittings for at least two hundred and
fifty days, with all the other Acts Of AS
sembly, prescribing the length OF the terms
OF Courts, the court of Appeals, it is said
consider The correct construction of the last
act, as requiring the actual session. TO con
time only for two hundred and fifty days,
including Sundays. Every former act. in
relation both to this and other courts, where
yer it directs the number of DAYS during
which a court may or shall sit, invariably
directs tharthe days shall be so many, er-
cfuSiUe of SundGyS, or, what is eQuiva-
LEM, that they shall se so many juridical
days. In this act no phrase of the like i'm
pore is used But it is understood, tn at the
court of Appeals respecting what they be.
ieve 10 have been the real intention of the
Legislature, although not expressed, would
still continue their session, and sit out not
only the $50 days. but longer. if the state
of preparation of the Causes would have en-
abled them TO proceed with any advantage
to the public. But the court OF appeals
law directs that the counsel shall prepare
statements of each case for the court, to-
ge,her with the points on which the coun
sci mean to insist, in the argument Onthis
law, the court had long since founded rule
that IN every case where the appellants
counsel had not complied with this law, by
preparing his statement, the cause of his
client should be put at the end of the dock
et:-But the contemporaneeus session of
four other superior courts, for a considera
BILE part ofthe time,s dividing the attention
and exertions Of the counsel, this very long
session of the Court of Appeals under the
new laws, and the rapidity of their march
has rendered it impossible for the Counsel,
in spite OF their most strenuous efforts, to
keep a head of the Court with their state
ments.
The consequence is, that the Court has
cached part of the Docket where the
Causes are wholly unprepared; and as it
would be very idle & fruitless business to
be calling causes merely to put them a, the
end of the Docket, (Which could be done in
day or two. and which would then leave
the docket exactly where it is nov) it is un-
derstood that the court have thought il most
substantially. conducive to the public good
to make an adjournment now, in order 10
give the counsel an opportunity of preparing
the whole business OF the docket IF it be
POSSIBILITY to be disposed of. when the sitting
of the court shall be renewed. The court, con
vlnced that the counsel have done every thing
that could be expected 20 meet the new or
der of things. very justly seem to think it
unreasonable to subject their clients 10 the
costs of continuances or the dismission of
their suits, in order to have the Shezu of
prolonging a session, which cannot contri
butte either TO public justice or ullity--but
on the contrary would injure both. If the
tree is to be judged by its fruits, the promp-
titude and correctness with which this vast
tissue of causes has been dispatched durins.
the present session, proved that the present
organization of the Court of Appeals leaves
nothing for the friends of the country to
wish more in this respect.
The Fedsrai Court, ne Court of
Chancery, and General Court--as cleo tie
Superior Court Of Henrico County.
Chdubdgn1, DUKE eF CApoRE.