Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-01-07
FOR TIE EJvQ CYRER.
GENER ASSEMBLY,

On the abolition OF the Superior Courts of law in
each county, and the restoration of the old Dis
trict Court system.
" Pause! reflect, before ere do the ro, f.: IL ma,
be pregnant toith mischief"
The servant should wait hi, MASTER 1t easier for the
Judge to n'o'eo the People, than tot people TO move Il
| Practical and serious evils make us all mite in
calling Tor reformation. in jurisprudence and
civil administration. We must howe, er be careful
IN our inquiries, before resolve on putting do "a n
system which hath been tried and liked by The
people, and putting up a system not tried or
restoring an old system, which was formerly absn-
coned because it was found TO be defective No
evidence, by memorial from the people of any
county, lays on the table OF the House, calls for the
abolition OF the Circuit court system We often
hear complaints from some of the Judges and Law
yeTs, who, for more enience 10 themsel, e.
preferred the old District Court system: the evi
dence oil such honorable and experienced men i
entitled 10 great respect: yet enlightened and
just Legislature will prefer promote the ineres,
and convenience of the people, whose taxes and
fees, support the Judge and the Lawyer Where is
The evidence TO prove their complains against the
existing system! When did the people say, " NOV
US from fifty TO one hundred aud fifty miles, twice
a year from homes, at our own expences. tn
the Judge, In preference 10 the Judge with his
salary and mileage, moving 10 u.s. Shew this
evidence, before you venture 10 explode the Cir
cult Court system.
II is msnesy clear, how easily and constitu
tionally this system be amended to the vast
furlherance OF justice and accommodation of the
people, IN 20 Biuch so, to afford instant relief
from some OF the oppressive delays and expences
OF the Courts OF Chancery. | will suggest one
amendment, mere common-law-remedy well
known 10 the fraternity of the law. Revive and
bring into practice the tcrit of account, which
Issues where accounts are not settled or made M
- commanding the defendant TO render a lust ac-
count to he plaintiff show The court good cause
to the contrary In this action If the plaintiff sue
ceeds, there are two Judgments; the first is, hat
the defendant do before auditors appointed
by The court; and when such account is finished
then The second ud -ment Is; that tue defendant do
pay The plaintiff SO much is found due to him.
&c. The law could contain the requisite proyi-
SONS and details, Tor the court TO appoint standing
AUDITORS or commissioners: TO hear motions for
the regulation and despatch OF business before them
TO enforce the production OF books and papers be-
lore the commissioners who should be authorized
10 administer oatbs and take evidence on notice
or By consent Of parties No cons itutional excep-
ton can te taken to such proceedings 1t hath been
long The prtctIce in the common la W. ourts, 10
HE certain pleas on oath: many motions and inter
ocutory proceedings in such courts sustained on
mere aiiidaylts: many final orders and Judgments
therein are entered up. according to long established
legal rules, and statutory provisions without the
intervention Of jury. Such law, ought also to
preserve this valuable feature; The parties by con-
sent to choose their own commissioner, whose ac-
count and report should be made up according to The
rules Of the standing official commissioner aud have
the same obligation and authority. This would
enable friendly parties, poor ignorant PERSONS TO
have their accounts settled by their own friends,
with dispatch and without expense
beg leave to suggest another amendment to the
Circuit Court-system, being another common Jaw
remedy mean the torit of audta q,Iereia mis-
complaint hath been heard:) it lies in nature Of a
bill IN equity to relieve the defendant against the
oppression OF the plaintiff, rs, where the defendant
without having an opportunity to plead good spe-
cial matter, shelving that he had discharged debt
IS about to be forced TO pay the same debt by judg-