Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1831-03-25
'IIlN IUDIEIAEN--

TIE JUDICIARY.
The following are the provisions o. the ncv IulI-
cary Bill now pending IN the Senate the mes, i'm
portan and the most iunovallu" Another yycj.f -
also before :hut bod, which we have not We, srcp
We Learn that there is probability that the one OF
which what follows i tho material part vii prevail:
D Fh" said superior courts shall have nnyer TO
hear and determine all trraSons, murders icoujcs
and other crimes and msdemcanofs committed with
in their respective Jurisdictions, and which BIZ the
laws in force cognZabc in tie circuit courts
as we'll as those which having been, pr which shall
be ed elsewhere and arc made cornz4bc in
tho said circuit courts, excepting all such oyanccs as
now or hereafter shall be made cxclu lively cocn
Fable In some Other COur. ct tic Commonwealth nv
express act of Ass 'albly And the sci sunerlor
courts and the Judges thereof shall have al. The
power and Jurisdiction over all persons and in all.
controversies, cnnscs, mattcrs, and things within
their respective jurisdictions, wiic! are now by law
conferred on, exercised by, and cOpnIZabI, I'm The
courts of law and chanccry within this Common.
wealth and by the Judges thereof and which shall
amount exclusive ofcosts dollars. ,vhc;b-
the same shall he brought before them by origr oil
process, by huOeGS corpus, appeal. writ Of error
SuperSeieoS, mandnmWs, ccytorGyi to remove pro
ceedinss for any purpose or by any legal WAYS or
means whatever: excepting in such controversies,
causes, matters and things how are, or Saall be
made exclusively coymIGb.C ii some other court OF
this Common wealth
c. Hereafter the process of the plaintiff inslitu-
ting any civil action IN any Of the courts OF tins
commonwealth al original JURISDICTION, shall be q
summons directed to the proper officer Of the court
commanding him to summon the defendant t. appear
at the clerks office some rule day named .n Il he
summons or at the next term of the court answer
the bill of the plaintiff there and then be exhibited
auans; him. And when the defendant shall be re
qured to answer the bill on oath the plaintiff may
inserl in the condition that unless the de-
fcndapt shall within months after the return
day thereof, appear and answer the bill Tic court
vii! consider the matters Their 'ot as e confessed,
and proceed TO render Judgment or decree accord
ingly But in cases where bail shall be required ac-
Curdng to law CdPiGS al reSppGGcadWu shah be
issued directed in manner aforesaid. commanding
The officer to take the defendant and have his body
al the clerks officc Tui"-Gay named in the
writ or before the court at the next term thereof
to answer the bill of the plaintiff there and then to
be cxhb ted against hiIl, and the officer shall IN
executing such "r't inpr.5rn the defendant or take
bail according lay.
I. Whereas the anctIcc oF the courts and tire
forms of pleading IN the prosecution and defence Of
civil Suits controversies, matters and things ccgn..
Zablc therein, as well as the mode Of tra! and uIg
mont ought 10 be PLAIN, simple, aud uniform; an!
whereas controversies resi-" ctIug property ana
suits between man and man, the Trial by Jury
is preferable any other d1d ought 20 b. held sa-
cred and introduced in pa -ticc rs ar Is gr9cti-
cable;
between the forms of actions 10 civil sui and be-
tween the practice at law and IN shanccry shall De
and the same arc hereby forever abolished. And
the law as it IS NOW interpreted and administered
governing the justice of every case, upon the fac
thereof whether ascrrlaiuci, heretofore they
were in court Of law chancaryl shall! Lcrcai or
b, the law OF the land. The practice Of the court.
and the forms of ElrGGiu- shall be PLAN. sgrc and
uniform Tho h.ll Of the plll'IG shall be address
cd to the court, and contain plain anil concise
statement Of the Cau-" ol action and .ha.l ask a
iudrmcnt or decree 'h,rcupon. 'phc answer OF size
defendant shall be plain and concise statement
of HIS whole cause Of defence: and the plcadngs
subsequent to the BIN and answer shall be gsa.u-
lated to those used III d court Of caaaccry SO far
n they sha. h. consistent with the PROVISIONS Of
this act. But ~ demurrer s"ail be construed to
admit the fact drmurrCi 10 JE.Ius' the CemuTfaut,
unless he shall elect TO admit IT, hy omjIung or
reliisinr to put tic fact in issue or otherwise
nIcadinr thereto o. tic time Of dcmurring On
demurrer, no bill, answer, or ether plea sIali be
dismissed or St aside for want Of form. IL the facts
therein stated shall be tmic 'nt'y certain 10 enable
the court 10 render d.. rec "f Judgment thereon,
should they be brt any bill, answer, or other
Plea no, so sufficiently certain shall be amended
,ylhon, delay under the order o. the court at the
cost of tho party amending, shall be dismissed or
sci aside If the party IN dcIult refuse ta amrud but
dismi-sion in such case shall not prejudice The
merits of tho cause Of action in subsequent suit
The defendant may C%scW to any irrelevant, p,o-
iix arrumcnla:ivc or impsriagat master which % ny
appear in the bill or other picailngs OF The plain
tiff, and the plaintiff may in Ike manner except TO
any irrelevant, proliS 1rguncnnivc or inpcriiaont
matter wlHC.i may appear in TIC answer or other
pleadiugs Of lhe Geirnd1lt and the court shall
without delay cNprnge all such matter irom inc re-
cord thc cost Of tho party ~ default, saving how
ever 20 such party The right 0fpreser'nc tho same or
nuv par thereof by bill OF C%CCp IONS 20 the opinion n
the cour, To he taken ard sgno6 before Tie record
BE- amended Aud when Dc any c7se Innlicuol is
irg TOO many issues, or doubt shall arse what Is-
neg nrr made in The record the court shall cTnujn
e gls1dinra. direct Hud have entered on The RECORD
shat issues shnl DO rci, nui The Sury shl be- aw'r
to try tln sam' and M ntHo~s The tri.I hrwly
snail rx cai 90 90 cases except upon ;hc trui o.
Hills 20 rc pciuatc C-fIunv; oT bill Tor hr disc rCrl
ct facts resting IN the knowledge OF th' defendant