The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1825-11-17
GrnrrIl Assembly.

last session relative to transferring the ju-
risdiction of insolvent petitions from the
General Assembly to Courts of Commis-
sioners. The bill was accordingly taken
up by sections. The first sr'tlon of the
bill provides for the transfer 4 petitions;
the second that three Coss.s of Commas
sioners for the trial Of insolceut petitions
shall be established, one in Providence,
one in Newport and Bristol, and ono in
Washington and Kent Counties, the com
missioners to be appointed annually by the
Legislature,
Mr.. A. Robbins, of Newport, Chairman
of the Committee, said, he considered the
principle of the bill was agreed to at the
last session, and the question on the first
section would settle the point whether the
House still agreed to that principle, aud
were satisfied that it was eSpedient it
should be adopted; all they would have TO
consider wonld be whether the provisions
of the bill would meet their views. lie
understood the principle they were about
acting upon to be, that the trial of insol-
vent petitions being Judicial business 1t
ought to come before judicial tribunal.
Surely body constituted as the Legisla-
ture was, so numerous and liable To such
frequent changes, together with press of
public business before them, cannot per-
form this duty so well as a body selected
for this vcrypurpose. Ii would in fact be Il
great saving of expense to petitioners and
creditors and 20 the State. Nearly half Of
the time of the sittings of the General As
sembly is taken up in the trial of these pc
titlons, at an annual expense of nearly two
thousand dollars to the State. Petitioners
aud creditors have to travel great dis
lance from their homes, to follow the Le-
gislature-a great delay takes place, this
business is found to interfere with the pub
lie business and thus both srt retarded.
These, and other considerations had led to
the proposition for the passage Of law TO
remedy the evil, and they appeared fully
sufficient to establish the prtpriety of. the
principle.
Mr.. Sprague Of Smithfeld, was in favor
ofthe bill, but he thought il would operate
unfairly in subjecting the petitioners now
on the docket TO additional expense. This,
1t was suggested, could be remedied by
further provisions, and the question being
taken on adopting the first section, passed
in the Affirmative unanimously.
Alr. i,unter, of Newport, said TINT the
bill proposed to create three courts, and
il was contemplated that each court should
be composed Of three commissioners. lie
was altogether iii favor of the bill, but he
would suggest whether it were not better
60 limit the number and have the tribunal
form Court of Circuit consisting of three
Darsons to 90 through the State, and sit
upon these questions in the different coun-
ties. The effect of such a measure would
be to produce an uniformity of decision,
enable the Legislature TO make better Sc
lection, and afford to the Court compen-
sation in some degree proportioned to the
duties they might have to discharge. Un-
der these considerations he was induced 10
move an amendment OF the second section
to provide for the establishing of a Court Of
commissioners instead Of three courts Of
commissioners.
Mr.. A. Robbins, stated that the same
proposition had been debated in the com
Inittee and on the whole abandoned OH the
grounds, among other considerations, that
if there were three courts, and three
members OF each court it would bring the
commissioners, who would probably reside
in different parts Of the districts, nearer to
the petitioners, and that as to the compen-
sltion, the expense and Inconvenience of
attending from home, TO travel circuit,
would in fact reduce the emolument TO a.
bout the same it would be If the commits
sioners attended to their duties in their
own neighborhood.
Mr. Dixon Of Westerly, was in favor Of
the amendment. If the bill before the
House sliould pass. it would be improved
by tho amendment proposed. The bill as
il stood contemplated the creation Of three
courts, and the appointment Of nine new
magistrates. In thc county Of Providence,
Que half Of the business would arise to be