Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-12-16


Having noticed tho suggestions of n Dcbtor,
your body, during your last session. respecting the
extension OF the jurisdiction of n single Mansir,t,
from twenty to ono hundred dollars, was at tho
very hrst glance of tho subject, induced to believe
that great saving might bc realized by tn, Com.
munity. were his theory carried into practice Jna
Republic like ours, where it behooves every Leps-
otor to leoh TO the interest of his Constituents
together with that of the whole Community. mr.
ucuiar regard should DO had, and unremittmp at
.eh.oh pala TO, such laws, will prove beneficial
TO the people cannot refrain from the idea that
every rejecting and susceptible mind will unon N
thorough investigation of the matter at once On,
Guide that by adopting such laws or similar onos
to those which will suggest to your wisdom ,nd
consideration, will not fail to add greatly to tho in
teres OF all who unfortunate as to DO Gebor.
l deem it entirely unnecessary to go into minute
detail OF the difference between the cost of su,A
and That OF warrant, az every member Of YOUR
body is aware of that difference which does exist,
and must DO acknowledged could be easily avoided.
to the great interest of both the Creditor and the
Dchor Tor whilst the would be extricated from
considerable amount of cost, the other would al
SO DO greatly benefited by the early recovery of his
dues. There is not one of your body who is not
perfectly acquainted with tho many evils which tho
Community is subjccte to, in consequence of tho
delays and neglect of different Courts throu chout
tho state. For instuncc Creditor NAV sue his
Debtor upon plain bond, returnable to the Quar-.
'eriy Session; and at tho time when he expects IL
OBTAIN Judgment some difficult matter will present
itssif to tho Court, and very likely occupy their
10.
the Creditor destitute of that which is Justly due
INN, whilst it is still involving the Debtor deepsr
anu deeper. Court after Court will pass and
"henoVer tho case may be called some objection
may DO made (as is generally done)-a continue.
ton Is asked and granted and thus procrastinatiou
VIII ensue representation, until come wears have
elapsed; and, finally when Judgment is obtained.
the interest and cost of the debt amount to more
than the original sum. Cannot and will not the
wisdom of the Legislature of Virginia romedr
TINS eVll-an evil which we have so long be.n
SUBJECTED to- and ono too, which has ruined SO
many of our Fellow Citizens that it calls londIr
Tor redress hatter myself with the belief and
that belief is conscientious one too that wbenev
or the jurisdiction of single Magistrate is extond-
cd to one hundred dollars upwards that we shall
| Immediately discern that change, which will rapid
continue to increase, until it finally rebounds 10
the prosperity and welfare of the country
The mode of conducting warrants under tho
present existing law, I think in some depree oh
Jectionable. For instances; when the magistrates
gives Judgment upon warrant, he retains it. to-
gether with tho original papers in his hands-issrer
MS execution and that, too, when satisfied is re-
turned to him. Now, should either of the parties
engaged III a warrant, at any future time wish to
examine SAID warrant for the purpose of correcting
any mistake, or obtaining any information whatev-
| er, he knows not where to whom he must apply
| Tor 1t. Perhaps the Constable who served tho
| warrant, may have removed from that section of
country, or otherwise may have died durino tho
tline consequently, the only possible means bx
which he can obtain any information, is to enuuirs
oil every Justice In the County, whether or not he
ever transacted business for such Prisoner or such
Constable The Justice having been engaged in
business OF that character so long, must have for.
gotten all about the mater-and thus the injured in
lett without any means by which he can obtain re-
dress. For the remedy of this evil, 1 would suR-
gest to your wisdom the following plan: After the
Justice has given Judgment, let the Constable take
the papers and hand them over to tho Clerk of the
County Court, whose duty it shall be to issue the
Execution, and when satisfied, be returned to him.
Thus you will have all the papers deposited in the
olerks oince; and instead of an enquirer having to
make application to every Justice in the county fer
information, and then not obtain it, he will only
have to apply to the Clerk, and Immediately get tho
papers Tor perusal. Having gone through
Prec'Pltately will: my views this subject, which
is only Il preliminary sketch, | submit it TO your
serious consideration and better judgment.
DEpTnD