Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-02-08

ms courts Be required to make rule on sny .ss,r -
,oo' mat process has been forwarded him by mail in
'sssonaoe time before its return day, permitting hin
20 discharge The rule by affidavit she wing tia, IN.
cess s'h hot reach him; aud in the event of Lis
op'rse himself. % make the rule absolute, and i'm
por hne on him thus taking the proof ms n,;on.J
as primo Jdee evidence of the re ceivt of the
In 'hi' matter. biuk the courts would have m,
Advantage. 'e "'e
zIy The difficulty in serving Commi..ion,,., M
uces. This 10 accomp aued, sl.o, with ,x,ep.. and
produces delay. consider hi, ono Of the imnc,t,o.
"eiee IN IN present system and free To saw tia,
the remedy should propose, could d. o,u.,ed "a h
eq"a adv ntsge In the new and old court So lem The
courts should be required to 6x The ter,,. Of the Com
hss'oners Court, which shout! be eyularly held: and
required TO render account, should be COM
PEELED sPp-ar and conp'y with the order Of Court.
w'hou' ior'her notice Notice IL ncw ouIy r ouired
.ns' me parties may meet together at The Commi. SION
,,, nee' on some hxrd Jay, when the Comm,., i,uer
WIN De ready 10 proceed. II his terna are known and
ne proceeds regularly Cout, OF Ch,nc.rv now doc,
70 cal his docket ard Get the causes Tor
NJ psrues, great eSp-us- and delay will be saved
Noo " !" top much TO require of marty ord,,eI d,
re der an account, TO appear at regular ,.,m of no
commissioner Court rather Than TO ,.,,inJ hin, n,
uoice IRON The Commissioned, TIA, h. must co,n,ly
WIN ne ORDER and liking some dav VIXEN il will ami,
honor 20 be in his officr! have ever ionnd ,i,,I.
umcui In obtaining Ord.r Of A. c,un, Lu, n oa,
III por' from the Commis.ioner. hic labor hoe onu,
-. oo inVo q iancery offce and AK why cause
mas not been tried. aud my life on IT, in two cas.s on,
oil 'hree the answer will b.: "tis before the Cam
his'loper,'-" No Report" Ifn party oncs in Cont
10 take notice, at his peril. OF every thing
done IN the cause, why should ne net b., couo,eJ In
take ro'ice OF ths days VII ch the Commissioners
Court night be held, when required In ss,,l. n, a.
co m ne Commissioner IL amot import n, an
oiiif er as The Chancellor himself He ought IN he ,
salsred officer. One for circuit would he ana in,
and hts Business should B.. done At the Court Uon.a
anu ne should have access to the papers in anv cause
III which he Is auditing An account Thu .xn,,s =,
'enuing Chaocery suit il considerably Increased nv
ina copies used by ihs Commissioners Wbjls On H.
suJec' OF Comm''ionefs, will say that bad Cemmi.-
souers Jay the foundation of great deal of Chancery
nga'ion' oy their errors in pdrfe settlements; and
II Is important to those Trustees who settle bs;r
counts IN 'hs most ordinary case, IL they have anv
gro LOT heir posery, 10 settle before Comm
VINO IL cspahi; otherwise, some error Is de,ectd in
the account, and twenty yea after NV s.u,.,.n,
be ordered at the suit of those who we're In ful,
when the first settlement was made
Sd. Th- excessive tees charged bv Commissioners
forms another item OF complA Amt, but in either
'ms would be avoided by the plan ju.t proposed, Of
giving them salaries
4h Th"ir boiling TO their Reports ill payment.
constitutes just cause Of complaint. think our Com.
mon Law Courts would he TAUGHT in.,er no ions Of
equity by the people; and this officer who il MI, nv
"risw on The most favorable footing ss 70 hs. fees
would not he permitted to retain III ir Reports, and
WFreoy oten defeat the trial Of cause which IN; n,
not be again rlne for tl in many years Bn, n ,hov
were salaried officers, this would he avoided
OLD Ignorance OF parties Of the manner Of conduct
ing 'hst part of the business which mu,t s,vays -
ief 10 the management OF suors cons,i,ues s.,;o,.
impedimen, in the prosecution or defiance - 80.
ID Al
by the new system the p oplc generally wo,Id h .
come sumcitniy conversspt with Chsncerv business
% execute me instructions of Counsel. This is 80
onvieus result from the proposed change that !, IL
perhaps unnecessary to enlarge tie idea All now
mystery. Un'er the new ,ys,~m ,h.v wou,d &C.
qnre the came information To proceeding, in enpi.y
wnich Vev now have "a 70 thoss in Commoo II ayy
Courts Every Cbancery LAWYER mu.. re,dp, -
INV NAV ne mas met with insupArab'e obstacles in the
profound ignorance ofhi' cien's in these matters.
n. ~ cannot he denied. that much Jelav r,s,,,s
from the inattenti0n and ipnoranre nf conn,oi a..
g'onnd the new system has the advantage Tbsre are
nov some good Chancery Lawyers-bu, thew are few
anu incompetent TO the management OF so grea, mas
OF business as lie entrusted TO them The ras, - .
',tne conversant With such business cha, thsy are ,
ape 70 prosecute or defend suit to ADVANTAGE
"seh'e n this branch OF Law would he d,s,arsoJ
mong the country Lawyer. gen.raIiv who y,r1 e.
ter some practice he found az capabi, of condc,in
Cpancery suit "a any, except tina, very small nun
Ger, who have almost spent life in the practice H.
men. great point would be gained
T. The distance OF counsel from the Court and Com.
missioner once, or, Town LAWYER il emp,oved
the distance Of the suior from his Atiornoy RI
new plan, these difficult les are to a great a.,
moved. In majority Of cases occurring tbe Co.,
commissioned, Glen, and Counsel are brnuof ,o,a
49,, "Iu o, commnnea'ion are aglrded, not
sho"h tn the old system Most OF The plain
done informally in the Couoty Courts wouId h 49,
acted IN 'hs Superior Courts aud of that which Ia d
IN the ID strict Courts OF Chancprv in r,oia, &c ~
ces, "hen the suits are instituted the Defend ant,
slue al no great distance from each oher Is rroha
ue' therefore. that in two-thrds Of the cases we
~, o"'u ""Ve HoWe DeieDaants and home Plaintiffs -
i"ev womb nave Justice at their DOORS ami Counse,
a. all times sccessible-The busin now don r.; ~
county Courts, would, under the Old system nsya,
because ~ me inconvenience attending H. he carried
20 'hese District Courts great deal of the Ii,ig,,on
IN The ChancSry Courts, has is founda,io, l.a :; H.
sioveny and imperfect conduct Of Chancsry su,s in
The County C1uris How often il il, TIA, ,heso Co..
are acung on subjects, which have been dispoed o 10
he anterior Coerts, some ten, fifteen or Ivy ntv year
before and which all concerned had thought silenc "a
forever Sin the Tomb Of all the Capule,s"1-w. onh,
not to compare the proposed Ssparor Courts n Cba
Gerry. with The Di-,rc, Cour oolv-Sn, Win h aa
m 1t mus' in practice supersede Look TO The tt,1s
acuon OF Caancrry business in The Counv Cour,s
NOT only - the delay most grevous but the de
are oJertionab- and what, IL done il 90 inpe fe tly
presented oy the records and apparent procee dogs in
me course, That often adjustment in the Iu6r;or
Courts, oil very plain Ease will only serva az ~
foundation Tor very difficult contest in The bishr
courts, many years after. Who can doubt The imp .rso
o-neh', which would result from the Judges nj ,bs
uenerei Court P-rormi the duties now reouired M
me Justices, "a Judges in Equity? There ara very
Few regular Cbancery suits tried 10 the County Cur
ou, mere Is vast deal OF Chsncery bushes, irresu
AIRY carried through these Cour,s-nuch of IL a
nave SAID, forming but The bass of serious lii s,;oo a.
ui-unct periods OF tme.-Notwhstandng, his il ne
nnctive OF so much mischief such business mil, H.
transacted IN the County Courts, unless ther, il
Other tribunal convenient 10 the peopIe AI,bonsb
YOU'D permit the County Courts 10 reclaim their iI,is
uicuoD' yet would expect in practice subsiantJlv N
'nToTs DOT only the ligsnts in the Districts hut aso
nose 10 me County Courts into the Su Jerior Courts of
Equity should propose 10 cut off much of the Chr
Gerry Jrrisdiciion, and TO extend that Of Inc Comno
Ia" Courts would venture on this 6 M .iousv s,d
would provide for the prose cution of the x,s,jmon,
" successful, by requiring annual Report from The
eheIa Court stating IFS operation, and pointing ont
NC mshueT IN which the powers OF the CDnu,on "a,
.iue OF their Court+ might be ENLARGED and ,bs 80
oiction oil the equity side restricted I ca,oo, . ~