Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1811-07-01
VIRGINIA ARGUS.
r &c II nj o " ID,
MONDAY July j, 1911.
FOR THE ARGUS.
TIE COURT OF APPEALS.

FOR THE ARGUS.
TIE COURT OF APPEALS.
This court, which has been in constant ses-
sion since the first day of March, is now IL
bout to rise, we understand, on an adjourn
ment to the 10th of September 1t must be
pleasing to the reader to learn, that this ses-
SION mas demonstrated the practcability of
clearing the docket of the Court of appeals,
certainly in the course of the ensuing year
very probably before this time twelve moash;
and reducing the business of that court to
the current appeals of the year, which may
De dispatchecd in two sessions Of two months,
each-probably of enc month each, annually.
heretofore, the highest average of causes,
tnsposed OF in the Course OF the year, has been
hity, and IN some years not more than twen-
ty At this session, the court has dispatch
ed no less than one hundred and fifty. It is
understood that they will have in hand from
~ to SO causes more, the records in which
they VIII take with them during the summer,
SO as 10 be prepared to pronounce their de-
clslon on them, when they resume their Sit
ting IN September; and it is confidently be-
heved, that by the 1st day December, they
viii have added $50 other decisions to those
ALREADY pronounced, making an aggregate of
500 causes taken from docket of $50 in less
than seven months of session. The harmony
& conscntaneous ardour with which the court
carries on its operations * the general sastis-
faction which they give by their decisions, af-
ford most pleasing presage of the future,
and dissipate, entirely, every apprehension
winch the friends of the country have, here
totore, entertained Of the impossibility of keep
ing the stream of this docket clear
Oh comparing the language of the Act of
the last session requiring them to continue
their sittiugs at least two hundred and fifty
days, with al the other Acts of Assembly.
prescribing the length of the terms of courts.
the court OF Appeals, it is said, consider the
correct construction of the last act, as requir-
ing the actual session, to continue only for two
hundred and fifty days, including Sundays
Every former act, in relation both to this and
other courts, wherever it directs the numha,
OF days during which court may or shall sit:
invariably directs that the DAYS shall be sS
many, erciuStUe IF Sundays, or, what is e.
quNoient, that they shall be so many juridi-
cal dayS. In this act no phrase of the like
import IS used. But it is understood, that
the court OF Appeals, respecting what they
believe to have been the real inteDtion of the
Legislature, although not expressed, would
still continue their session, and sit out not only
the $50 days, but longer, if the state of pre-
paration OF the causes would have enabled
them TO proceed with any advantage to the
public But the court of appeals law directs
that the Counsel shall prepare statements of
each case tor the court, together with the
points on which the counsel mean to insist,
IN the argument. On this law, the court had
long since founded rule, that in every case
where the appellants counsel had not COM
Piled with this law, by preparing his state
ment, the cause of his client should be put at
the end OF the docket But the contempo-
raneous session of four other superior courts,
for considerable part of the time dividing
the, attention and exertions of the counsel,
this very long session of the Court of Appeals
under the new laws, and the rapidity of their
march, has rendered it impossible for the
counsel, in spite of their most strenuous eff
forts, to keep head of the Court with their
statements.
The consequence is, that the Court has
reached part ofthe Docket where the eau
SEES are wholly unprepared and as it would
be very idle and fruitless business to be CAL
ing causes merely to put them at the end of
the Docket, (Which could be done in day or
two, and which would then leave the Docket
exactly where it is now it is understood that
the court have thought it most substantially
conducive to the public good to make an adj
Journment now, in order to give the counsel
an opportunity of preparing the whole bust
ness OF the Docket (if it be possible Ito be
disposed of, when the sitting of th$ court
shall be renewed. The court, convinced that
the counsel have done every thing that could
De expected to meet the new order OF things,
very justly seem to think it unreasonable to
subject their clients to the costs of continuan-
ces or the dismission of their suits, in order to
have The ShozV Of prolonging session, which
cannot contribute either to public Justice or
utility-but on the contrary would iniure
both. If the tree is to be judged by its fruits,
the promptitude and correctness with which
this vast tissue of causes has been dispatch
ed during the present session, proved that the
present organization of the Court of Appaels
leaves nothing for the friends Of the country
to wish more in this respect
The Federal Court, the Court Of Chan
Gerry, and General Court--as alec the Suite
rior Court Of Henrico County.