Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-02-24

hose only VINO live ~ distance, even my eonsiiu
ents, who live a. Il under the very nose ct the
Chancellor, complain Of the delays and EXPENSE and
are camo'ous for the abolition Of the system. do
not ina CINE, that those evils ie equally ia ell the
other Chapeery Districts In = certain degree, how
ever, they must be expienced every whore, IL much
law business te accumulated at any ony place.
Are these grievances to DO rwdrrssed by the mea
sure which IL to grow cut oil this resolution 1 tear
not has been assumed t.at this subjec Ia, been
discussed in This House heretoorehas been discussed
IN the nswspspeshas been discussed before the PEG.
pie and that the people have decided DO the prn.
cips aud the details which il involves II hi. be So
the present debate is vain ani idle. readily agree
that the representa- IL bound to obey The will h,s
constituents. and shoud eheeriu'iy acquiesce in their
determination whatever may be his own opinions But
have the people decided do no, prof. 10 know
what has been thought Or done by the constituents OF
o her gentlemen. l know only what are the wishes
and opinions OF my own constituents. They have said
that the present Chsncery Court, mu,t be abolished
that their powers NUT be distributed among other
| Courts to be dispersed throughout the State aud
tha Tor the purpose OF Bringing isice nearer home,
they are willing to unite Common Law aud Equity
jurisdiction in the Judges ain prepared 10 car
ry 'h-ir will INFO Effect prepared, only
mite Common Law and Equity jurisdiction in the same
judges, but to give the preset Circuit Judges the pow.
or OF tryi causes in Chsncery every county in the
Safe My constituents, however have Lot raid. that
mo whole Unlimited jurisdicon Of tbs present Cnan.
Gerry Courts exercised as IL it, at they eau fiuh
one defendant within their Distrct) ali matter.
ana things cognizabie before Court Of Equity, aud
over all persons, wheresoevor resident In any part oil
tho State, sha he Carried into every county Of the
| Commonwealth. They have not ssid, that when
paibtih finds single Defendant in county he
shalt be at liberty to select that county tor the trial Of
his suit aud draw to IL many Defsndaus TO other and
distant counties. This u,ion under slider atou
proposes to place us in this condition. IL proposes TO
vet the equitable Jurisdiction, (of curse, tbs tphole
equitable jmisdiciion exercised by the Superior
Courts OF Chancery, 10 the sane Judges who are to
Mold their Cour's, in every county OF the ate. Let
this jurisdiction be vested, aud Plaintiff 6ndiog
single Defendant in any one county, may commence
MS suit in that county. and drag 70 many Dsieud
ants from other covnes as he may choo e. however re-
mote may bs their residence lns cad OF bringing Jus
tice nearer home to hs pespe, this resolution must
in many instances, carry farther from home than we
now have it, One of the chief causes Of perpis xtty
and delay in the determination Of Cbanoery suits
be N truly stated by the gentlemen rom nrico aud
Frederick, 10 be found 10 the vast number OF parties
which II is sometimes necessary to bring before thu
Court aud the difficulty Of having process served up
on all Of IL was this difficulty. which IN iue led
the Legislature 10 pass this Law, suthorizng the ap
pontn.nt Of tn, Marshals OF the present Chancery
Cour $, AID all who know our aver.ion 10 the creation
OF unIeces.ary offices, will readily admit that never
would have pas ed II il had rot been felt to be inJis
pensabe. Should this resolution be adopted, with.
out modification, and the whole unlimited jurisdic.
ton Of the Chanc-ry Courts bs transferred 10 the
Cirsui, Courts OF Law and Equity, in each Coun.
~, the Office Of Marshal is At an end-And
then, sir, how is the process in Cbancery Suits to
be served Can il be done by ihs Sheriff! The Ia W
authorizing the appointment, OF Matshas proves tina,
i is impossible This observations OF the gentl, ma
from Frederick, without looking TO that law proves the
UtDE. n suit Is Drought IN Que OF The new Chan
eery Circuit Courts. in a coun where OF the de.
PENDANTS Is found. TIL many oher defend 10
many other count les, AMI sub must be served up
on all # hem before trial can be had The SubrG-
mas to be tran .mited by mail thu She i'll. OF the
proper counties, ana they are 10 them. The let
ters con aiming them mscarry or II they and
at all they arrive Too late for the Sheriff perform the
duty Some lines the postage Is not paid, and III they
arc sure not TO be we'll received by the Sheriff. The
gentleman from Cupeper proposes that they should be
forwarded to the Clerks Of the Courts with request
hat a,.ll .l.lU sla
heir receipts; and he thinks that his duty to b.,
performed by the cle'ks without fee or reward. I
know iha' The Legislature has som stmes mad pack
horses Of these Gle ks, and required Of them prett,
heavy isbour without making them any compen ION
but eanoo, think that ough, TO put this burhea
up them, for the benefit OF oiher people, without
making tbs Sc oher people remunerats them for their
trout Leland in this OPINION am confident the gentle
man from Culpepsr will himself concur with me, when
he reflects more delberst' upon the subject Blu
supPose coDo, AMI the increased expsnse avoided by
refusing to compensate tho clerks. Well; the sheriff
calls upon the clerks mouth g:t the process
IL happens to have just arrived il is then in good
Time Suppose, however, (whdt will constantly ocr
that II ar ives day two after the sheriff has called
L, is then too late aud not be served Co. sir 10
the deputy sheriff, Themselves. Some OF them ceas-
ing to be sheriff, have become mbsrs Of this III use
They i'll tell you. that thu thing c,n not be zone
by hem-,hat they were n the habi, OF II n ny
their pipes with this Chancery process. know tbs,
other contribute 10 il but this Is OF the re-
why the County Courts never try suits in f.
guilty. In my own county, there is Cbsncery cause
now depending, the original process in which serv
ed before the Revolutionary by kinsman OF mine
then under age, and who has been time de adj b,v
ing lived more than seventy years. am Que of tina
counsel employed in this suit, and haz ard nothing
when assert that il all the land women tool IA
the world assembled for the purpose OF doins in
tee between the parties, II could be done There
is person living who could give the necessrvl
information, as TO fac But to return to the sui Ct
One defendant resides hund ed miles in one direc ion
from the Court Of the county 10 which tn suit is de
pending. The is sent TO the sheriff aud no
served. The cause il delayed for that term. Before
the next term special messenger, suggested BY The
gentle from Frederick, is sent IN.
expense to execute the subp upon ibi. deep mt
The bdsiness Is done. BIT in the time ano h sr
def ndani, living huDdr ID miles in another dire ction
d who bad been regu arly broug before The court
dies. The eau g il again delayed until hs Executor
an be made a party. Years roll on and the LAWYER
live for ver II he be living, the has been 90
long depending that he wants rsfresher which the
client is not Immediately ready TO pay-another DELAY
eDsues. Indeed, sir, wi such system, the DELAY.
would he interuinablr. Mr.. Speaker, have Won ever
met with book eDtitl- ID the memoirs oil Smut Foo,e
he was a man OF humor, and having been down into
the country with his friend, Sir Francis Blake Della
VAL engaged in frolc. he found him, SELF upon re-
turning to London, some what low in casb-and rreoI
IectiDg that hs bad once beird Of suit ip the Io,d
High CbsncelIors Court, about estate 10 which hi.
fanly ere interested, he determined to 70 and make
some enquiry concerning it. According away he
went 10 Inc office OF Of the sig ceI X, and asked n
there was such suiR He was told there was When
was IL commenced? The cletk examined his bo X.
and sn.wered. some fifty or SKY wears before. wslI
aid Fooe when will probably be dserninedl r. said
the Gle X, have been in this office for some time ard
was appointed the successor Of uncle who had
for forty years This uncle had often TO que