Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1830-04-13

District are ready and able to perform the dn,;,
now required of them, and more, if needed
The addition of separate Chancerv Con.
and separate Criminal Court in the presen, ST.,
Of the District and of the business in the Cour.
would be not only useless, but waste Of 4
public money, by the additional salaries which,
must be the consequence of creating such Corr.
The business Of the Court cannot be coDdr,,.,
with more despatch, and the administrators -
Justice rendered more correct, BY pass;,r A.
proposed bill, than it would be by adopting f..
the practice of the existing Courts in this D.tr,
the present Rules Of Practice of the yrr;,;.
Courts Of Law and Chancery. Let these Rulo.
be tried, and if, after trial, the end is not apsw.
ed, then resort to another system.
Let the present Judges hold special session,
for the trial Of Chancery causes, and special g..
sions for the trial of criminal cases.
9th. Monthly sessions of the Justices Con,n
are unnecessary. There are monthly Copr,s :;
Virginia. In that State, the monthly Cou,,.
have the regulation of the police of the cOun,,,.
such as providing for the support of the Door
schools, roads, and granting letters of admin,
tration and testamentary, appointing guardian.
and laying the leyies. All these duties are no.
formed by other tribunals in this Dishic-h.
Orphans Court discharges some of them. and II.
Levy Court the balance. The Justices Conr.
would. therefore, have nothing to do but TO r.,
disputes of particular kind between individual,
For this purpose, quarterly Courts would be Of
ten enough. In Virginia, the Justices hold quar-.
terly Courts to try civil suits aud criminal CAS-,
of certain kind.
In May or June, 1892, when the business q
the Courts was much greater than it has b.,
any time since, the Circuit Court for the Copr,r
of Washington, under the authority of the ii
section of the Act of Congress, passed the sDt
March, 179S, to be found in end vol. page s..e.
of the edition of 1896, declaring :. Thatlt sh,
''be lawful for the several Courts of the United
| o'a'ee' Hohi uiie W uiiie, DIS occasion NAV re.
quire, to make rules and orders for their Re.
''spective Courts, directing the returning Of
''writs and the filing of declarations and o,he,
"pleadings; the taxing of rules, the entering and
making up judgments by default, and other
'' matters, in the vacation and otherwise. in
manner not repugnant to the laws of the Uni.
"ted States, to regulate the practice Of the said
"Courts, respectively, as shall be necessary c
"the advancement Of justice, especially 10 that
end to prevent delays IN plsadngs," prepared
certain Rules of Practice for that Court. which |
are substantially such as existed in the Common
Law and Chancery Courts of Virginia, and are,
in substance, such as have been since made the
practice Of the Courts of the United States, BY
the order of the Supreme Court, in all Chanry
cases. These Rules have been seen, and they
are such as, in our opinion, the Court had right
to adopt.
Yet, as we'll calculated as they were to pro.
mote the advancement of justice, and especially
to prevent delays in pleadings, bey were opPo.'
ed by some lawyers practising in the Washlnston
Court, by the Grand Jury who October % pre-
scented them as calculated to changehe relations
Of debtor and creditor, as inepedieat, mcoarr
nient and retrospective, and consequently uHc'
quail in their effects.
Among the arguments urged by the Grand IU'
ry against these rules is the nOrel one that they
would hasten the recovery, by suit, Of deO.
sooner than the parties calculated on Wien the
debt was created.
In the National lntelligencer Of the Ill., l'u'
18th and Goth September 1892, are some piece
by writer who signs himself /" One OF the rev
ple," opposing the new rules; among the aiSr
ments he uses are two: one is, that before u!:e'
by the Grand Jury, and the other Is that 'n'S
rules are violation of the rules Of Pra'ucel
they exist by the laws of Maryland BY WINCH
pleadings and orders must be made and lieu 10
Court-whereas the new rules required jill ~
to be done in the clerks office. SO that ay"'
ment might be obtained in six months alter a''
was brought, as it is in Virginia There wa