Alexandria gazette & daily advertiser. [volume] (Alexandria [Va.]) 1817-1822, 1822-01-31
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for extending tie Jurisd,tion Of Justices
ofthe Peace, in the District Of Columbia.
IN deciding upon the erpediency of
passing The bill Of the Justices OF the
Peace for extending their Jurisdiction, il
will be necessary to consider what are the
existing evils which are intended to be re-
moved by the bill; and whether the reme-
DIV proposed is the best which can be a.
dopted
The evils supposed to exist are the de-
lay in the recovery of debts, 10 the regular
course Of Judicial proceedings, and the
erpences of suit.-To facilitate the Tecov-
cry of debts and 10 diminish the expences
of litigation, are certainly objects which
every friend his country would wish to
promote; but not at the expence ofJustIce.
itself. and the fundamental principles OF
the Constitution. To those who know
what sort Judges of law great majority
of the Justices of the Peace throughout
the country are, it will be unnecessary to
say any thing against an extension OF their
Jursdiction--an if they are to try causes
with Jury. as it is presumed they must
or their Jurisdiction would be unconst,tu-
tional, il may be easy to imagine what
sort of scenes will be acted before them.
The inconvenience and sxpence attend
ing summoning OF a Jury in every case
where party should demand it, would be
| sufficient ground for saying that such
remedy was worse than the disease. The
loose manner in which the business will
more than probably be conducted, their
docuuets kept, the careless keeping OF ex-
ecutions after they shall be returned salts
fed, the difficulty, after lapse of lew
years of proving former Judgment or any
other FACT, which party might wish to
prove by the judgment or docquet OF ma
gistrate; the inconsistent and different de-
cisions of different Justices; all ignorant OF
the Law, and unacquainted with Judicial
forms and proceedings; are strong reasons
for denying to the Justices the extension oil
Jurisdiction, which they seek-The delay
which is complained Of may be easily re-
medied by congress passing the coCe OF
| Laws, which was prepared by some OF the
Judges OF this District, in which code, all
| the modern laws of Virginia are introduc-
ed-The practical effect OF the laws as they
aow exist in Virginia, has been to render
the administration of Justice more expede-
| ious g. less expensive than in any other
state in the union. Among the amend
| nents in the Virginia laws, there! is none
extending the Jurisdiction of Justices, put
on the contrary limiting their Jurisdiction
as far % the constitution Of the State could
allow; by giving the Superior Courts OF law
concurrent Jurisdictions in almost all
cases-Ths Virginia law is that all the
pleadings are to be made up in the Clerks
office--So that Suits may be prepared for
trial as soon as the parties could wish, and
sooner than majority OF the people OF this
District would probably desire-But the
bill itself authorizes delay almost equal
| to that which would attend regular suit
ia court In common cases Judgment may
be attained in twelve months even accord
ing to the present law, and the proposed
bin allows the debtor at any time within
two months after Judgment, to supercede
il for six months more. So that the differ
ence in delay is only four months, where
no appeal is taken, but ifan appeal is taken
the delay will be equa-Tbe object there
tore in regard 10 delay is too ,rIhihg 10 be
compared with the serious innovation
contemplated by the bill.-As the law
now exists, the creditor, the moment
he gets his jngdment. may forthwith
get an execution for his debt. by
the proposed bill the defendant or debtor
has two months allowed him to decide
whether he will give a supersecs9s bond,
during which two months, no execution
can be issued, and during which time the
debtor may remove himself and property
without the jurisdiction Of the magistrate,
who ordered the judgment against him.
With regard to the expenses if the bill
should be amended, las presume it must
5e) SO as to allow to the parties trial by
Jury, the difference will not be great, and
might be still farther reduced b allow
ing the pleadings 10 De oret enas as are be-
fore justice, and by not allowing an at
torney'. fee to be charged in such causes.
But if either of the parties should appeal
in all cases exceeding FIVE dollars in value,
the costs will probably exceed the costs of
an original suit.
In proportion as there is an increase Of
jurisdiction of the justices, and dimlnu'
ton of the delay IN obtaining Judgment,
will the motive for appealing be increased?
1t is probable therefore, that appeals will
be taken from majority OF the Judgments
OF the justices in cases between twenty
and fifty dollars value; and the same Il a
perhaps greater delay obtained (but at a
greater expense) than il the suits had
been originally brought in the circuit
court.
1t the bill were consistent with the con-
slitution, still as the bene6t,it any which it
would give, in regard to the delay of Judg-
ment and expenses of suit, would be very
trlfing, it seems clearly inexpedient TO Try
The experiment.