Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1823-12-13

l
ccived by the court, and recorded some
sleeping creditor ar her brings a suit in ch,n-
Gerry ,o snrchorge md (dtsiy thrm-the srcu-
rites ifll,ing. or lfdead their representatives or
heirs, are made parties. Three nr four years ar.
| spent m ringing The parties before the court
a commissioners is directed to settle all the
accounts; both the account of the executor.
administrators or guardian, as The case may b.,
as also the administrators accounts of the ST.
curitles If they be- dead. All the parties are
convened by notice before the commissioner
vouchers are lost, evidence is dead or re-
moved away and balances are reported of
principal and interest, which with costs aud
charges, often ruin the parties. The expenses
of these settlements hrfore commissioners are
truly enormous and oppressive. One dollar per
hour is allowed them, and | have heard of
bills amounting to upwards Of $500 for set.
| thing one account. No blame is imputed to
them. They are generally persons of fair cha
ractcr, and skilful in their business. The error
is in the system.-There are many cases on
| the d"ckeis of these courts which have beep
| standing upwards of twenty and thirty years,
and involve the acts az persons who have died
| fifty years ago. They lie on what is called the
sleeping docket and their rrpose is only dis
iurbed once year, by the clerk in charging
hi, fees. -Can such system Of Jurisprudence
be right? Ought it to he tolerated? Ought
it not 10 he hmrDded:s
Can this system be amended? l answer il can.
Establish system which will combine dispatch
of business, with economy and safety tn the
parties. In this state have adhered too
closely Ia what is called the common law
system of England. Ii has been the ignis
fufuus by which we have been too long be-
wIldrred. Ii has uvergrown itself in England.
and we have retained TOO much of II here
q hue h.,a lad <.cI L.,
man reason; and far as IL comports
with common sense and natural Justice. il is
deserving of adoption. We have idolized il
too long, and we have retained the cumbrOus
forms of II, when the reason of il does no.
compoi at all with our government or laws
i'll the exposition of the principles of law
| equity, we rely too much on English books
and reporters; and instead Of relying on our
| own cunscrnces and good sense, we rummage
he old rubbish of black letter precedents. II
is thus that the science OF law has become OBJ
| scure and diiliculi, and so little certainty nts
principles. Ii is time To dissolve the charms
and rely on our own resources
The common law Of England was brought
| over by all the culunsts who first settled this
continent, and constituted the greatest portion
| of their Jurisprudence. But as times and cir
cunstances changed, statutory innov alions
| were enacted IN suit such occasions, and most
ofthe states have gone fur hertz we have. Ii
relgns here almost Ms fully as in England. And
we have felt a rrpugnance tn change and alter
what we have been taught 10 respect and We
nerdie, without even giving ourselves the trou-
BILE tn examine them.
On the subject ofihe management of the
estate ofdrad persons, as regulated and go
verned by the principles of the common law
in most Of the states there has been much
departure. Indeed in some states there has
been an almost change as respects the juris
diction of the courts, and their organization.
| have examined the courts of most Of the
states, and find On this subject in
Vermont, there is special and separate
court which takes probate OF wills, grants adj
ministraions, and appoints guardians and
settles all accounts of estates Of deceased per-
soas. This court sets in each county once in
each month. Accounts settled before
the judge and II no appeal is taken at the
time, are final Creditors are limited 10 two
years Ia produce their claims.
In New hampshire, there is court of pro-
bate in each county. One Judge who settles
| all accounts of executors, administrators and
guardians. and such settlements final.
In Massachusetts. there is Judge of pro-
bate in each county, who settles all accounts
! at executors. administrators aud guardians
The limitation Ia creditors rs seven wears
In Connecticut, nearly the same as in Mas
sachuselts
In Rhode Island, the court Of common
pleas IN each county is IL court of probat, and
fur granting gsardidnships. Accounts are set
lied before them, and such settlements are
final.
In New York, there is surrogate court in
each county. One Judge, who grants admins
;raiion and guardianship, settles all accounts
and has full jurisdiction over these subjects.
la New Jersey, court of probat, with one
judge. with nearly The same powers AS in N.
York
In Pennsylvania the same as in New York.
In Delaware, the same as in New York.
In Maryland, the same IA in New York
In North Carolina, South Carolina, Geor-
gia and Kentucky, nearly the same as in Vir-
sinia.
Not having the laws of the other states
cannot say what is their system of jurispru-
deuce ON these subjects.
Now, If wisdom is To be gained by experience
and we are not too proud Ia take advice or
follow the example Of others, Iwould say
these matters are much better managed by
our northern friends than by ourselves.
Some radical change ought tn be made in
our state on this subject. The legislature
ought To interfere, and remedy evils which
are most CLEARLY injurious and oppressive
Every one in society has an interest is this
subject, for every one is sooner or later called
on TO act 10 the capacity Of executor, Admins
traitor or guardian. These are social and
friendly duties which cannot well be- dpclin-
ed. Surely then the safety Of such persons
cannOt be- unlmportant Ia the Legislature -
would, with all Difference 10 the opinions of
Others suggest that, system Of orphans
courts be- established in each county In the
lie ., h.h ,.i.I