Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-12-21

required the Judges to hold these courts such
requisiton he thought would be productive
OF much embarrassment and great inconyen-
fence. The Judge ought to decide upon the
expedIency and necessity Of Special Court !;
out his discretion should not be limited to the
period between the fall and the spring term.
tie suggested to the mover of the amendment
the propriety OF Withdrawing il, at least until
the QUESTION had been taken on the otker
Mr.. Stuart then withdrew his motion but
substituted in its stead, one To strike out the
words requiring the Judges to hold Special
Courts, and insert a provision leaving il to
their discretion to do SD or not.
This moton was also opposed by Mr..
Winston who went, at some length, into the
history of The grievances complained Of by the
people under the present law on the subject.
lie sa'd u the law only gave discretionary
power, me Judges in some sections Of The
state might be disposed to exercise it, whilst
in oissr sections, they might not feel the sam,
disposition. Was it not fair to presume that
the judges would only hold the coprts
where II Was conveprni for them do 80 ? He
insisted that il was indispensable to Justice that
the docket should be called over twice in each
year. Whether there be few or many causes
on u, the principle was the same. Justice as
unperlously demanded that one ranse should
be tri' d as an hundred. The Judges ought 10
he made to hold their courts and Transact the
public business. II would not follow that any
Injustice would flow from regularly holdng
Intern ediate terms when the regular court
had not been holden because all the impnrt-
ant ca''ses in which the parties were not pre-
pared, would be continued. Common mo-
lions and plain causes would most demand at
tention and might be disposed of.
Mr.. Mason, 0f 5. disclaimrd being the
apologist Of the judges for he was free to ac-
knowrdge that there had been great depre-
clatiun both in the judges and the lawyers of
the country. This depreciation he attributed
TO HE defects Of our present judiciary sys-
TEN, and expressed an anxiety To see an
amendment in il, which would rennvaie, and
restore them 10 that honorable Standing which
they once occupied. Our courts wer. more
numerous, more scattered about, and more
mul'lfa'ous than perhaps in any other COM
muniiy.
Mr.. NJ. thought the amendment important.
lie could not suppose the judges would give
such an Interpretation to il us to consult III, ir
own convenience, TO the public detlimeni. The
objection 10 them had been that they were too
fond of exercising their power, rather than
shrinking from il. Leave the matter discre-
honary with then and lift shnnld be found
hereafter that they wanted tighter rrp, the
corrective might he applied He concluded
his remarks Ivy rccounting the iacon, eniences
Of "A want of notice OF the period Of building
the courts, Of summonsing Witnesses, Jurors
&c. &c.
Mr.. Wallace spoke in opposition to the
amendment. He remarked that, the great
end of the establishment ef courts was the
promotion OF the general Justice Of the coun-
try. IL had been thought necessary To This
end, 10 have two terms in ycai and the Till
was intended 10 Effect tins object by remoy-
ing the occasional and accidental Instructions
thrown in the way Of il.
Ihe question was then taken, and the mo.
'ion to amend ntgatired-and the bill ordered
10 lac rngrossed Tor "A third reading.
The following enSrossed bills were read a
thnd time and PeSsed, VIZ: l. To amend the
AL Incorporating company 10 make turn.
PIKE road from The intersection of the little
river turnpike 10 Fauluirr Court House. @.
AuihorisinS two separate elections in the
county OF Preston. 8, Concerning the tow,
oi barhoursville IN the county Of Cabrll. 4.
undressing separate election ON the north
side oil Dapisier river In the cDunty of Hail
lax. 5. Establishing the town of Mount
Crawford IN the county of Rockingham. @.
10 amend the act establishing turnpike road
from the head of Roanoke river over the Al
irghany Nlountaio. 7. Divorcirg Rachel
Canilisan from her husband SIMON Caulf,nan.
Inc Spenker laid before the Hnusa, a let.
Yer IRON VIM. II. Cabeli, Esq Judge 9th
I"urt al Appeals, enclosing IA Memorial Of its
Judges, suggesting The proprirty of furnish
ing small library Of Law Bnnks fnr their
use ana f"r the members of,hr General As
semb'y.- Referred to the Committee oe
Schools and Colleges.
Three resolutions were read from IN. Gam.
mittee of Chius: LIST. That the p.,i,; m IF
Harold Snytb praying to be refunded certain
damages which he had paid into the Trea,u
~, was reasonable I'D. That a similar in
duiSence ought to be granted TO VIM. Nor
row, sherlif of Grrenbrer in 1922, who was
prevented by heavy fall of rain, from arriy.
ing ~ kichin"nd in sufficient time to nav in
the taxes land Sd. That the petition Of C..
White of Halifax to be paid certain alIowan.
ces made To him by the rrgi'uen,al courts for
me bsth regimen. is reasonable These re-
solutions were agreed To by the House
1hree resolutions from the Committee for
Cohrts OF Justice were read LIST. That the
peu,'on OF The practising Attornirs in the
superior COURTS for the cuun,ips If Madison.
orange &c. Tor change in their Court DAYS,
Is reasonable sh, That John Booker man
OF co'our III Petersburg, ought TO he permit
tsd, as ne prays, to reside for life within the
o'a''' or so many years as may enable him
10 purchase hls WIFE and children aud Srd
ina' ,ne pe'i'ion of PAMELA b. Cole Of Chps-
,rrnr'c Tor divorce from her husband John
oo'e' ~ reasonable. These resolutions were
agreed 10 by the House. and 40 in otbe,
cases, bills were ordered TO be brough, in by
the same committee.
Two resolutions were read from, tho coo
mittee of propositions and tiripvaoc.s &C.,
ibst the petition Of the inhabitants of Gras,
son Is reasonable, who pray that the citizens
OF North Carolina may he ,r,b;h;,.d rro,,