American watchman and Delaware advertiser. [volume] (Wilmington, Del.) 1822-1828, 1823-02-25

lice do not hesitate to say, that the administration
liusce in this state is characterised by the most ex
pensve delays, which in some of the larger district
amount almost to denial OF Justice. From wha
causes this evil springs, your committee would no
undertake 10 say. II may. in part be accounted for
by the disposition of the terms in some Of the cir
cults leaving too small an allowance of time to tn,
first court and partly, perhaps by the limited sala
ries OF the Judges not enabling them to incur tn,
travelling expenses which would be necessary If
holding ad lourned courts. Both of these defects
within the reach of legislative remedy, anc
your comnttee would respectfully recommenc
them to consideration.
Without saying more in reference to the merits
lot this subject, your committee would beg leave &c
suggest the proprety Of referring this whole matter
to the Judges OF the Court OF Appeals at their next
session, with instructions 10 them 10 examine the
returns of the clerks accompanying this report and
10 confer together upon the propriety OF making
such alterations 10 the judiciary system the wants
of the people might require and for the prevention
of delay in the courts-@that they be instructed to
prepare bill, which should make provision for TWO
sessions of the Court of Appeals in the year. for the
hearing of argumen,s-Aso, for the speedy render.
ing up OF judgments in the county courts, either at
the first or second term, in ca-es where there is no
dispute requiring atidavlts Of merits TO be filed at
the appearance or Importance term; giving the par
ties power also, at the first second term 10 take
out commissions for the examination OF the witnes
SEES. That provision be likewise inserted to regu-
late the stay Of execution upon judgments confessed
at the first or second term, Tor period not exceed
ing months and that the said Judges insert such
other provisions in the bill as will in their Judgment
facilitate the trial OF in their COURTS and rem
der more rigid the observance OF the rules OF prac
tice.
Your committee believe also, il would have a
goud Eject to lay tax upon every continuance OF
cause after the trial term to be paid by The party
asking the continuance; also that the parties TO
a suit where the cause Is contested by due obse
vance IT the rules OF court. should be allowed To-
Dng their causes 10 trial at the second term giving
n su, cases stay of execution Tor six months:
ii sc provisions your ommttee would therefore
recommend to be eng dlted upon the bill above
mentioned
Your committee refrain from saying any thing
Ipnn the subject 0 the equity jurisdiction OF the
courts as that snect has been already before The
rouse IN very lucid and satisfat Dry exposition &C
ompanying the resolutions from the senate rete, *
iAg he epai alton oil bill upon this subject 10 the,
ma tcelor, which resolutions your commItlee begI
cave TO recommend to the adoption of the house. |
Your committee, in conformity with the views
expressed III this report, would respectfully advised
ne passage OF the following resoutons
LeS0tcsd, That the report OF the select commit |
&c upon the administration Of justice, and the re
urns OF the several county clerks to the legislature
pursuance OF the call OF that committee, De refer
cd to the Judges OF the Court OF Appeals at their
ext session, and that their attention be invited 10
ne subject nf the said report, with a request that
ley take the same, with the documents az accompany
49, INTO their consideration, and make a report
nereon TO the next general assembly including in
heir report bill setting forth the principles sug
ested IN the said report, with such other amend
nents, alterations or additions in their judgment
hall be most conducive to facilitate the adnnistra
ION OF justice throughout this state
FHrther ReSotrgd, That the report and resolu
IONS, with the documents accompanying, be depo 4
II In the ouucil chamber, with directions to the
lerk ofhe council to deliver the same 10 the Judges
! the court OF appeals at thelt next meeting. !,
All which IS respectfully submitted
BY order, L. CROSS, OK. +