Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-02-19
n House-keeper and Head of a Familv.
mo CO.nAfU.NICATED.

You are now engaged upon important businesstbe
S "seien, Oh 'he Judiciary. Permit who has
oeen more uan twenty years practitioner in the Court
oil Chancery, TO address YOU To the writer 1; Ia NO,
material what principles you may establish circumsan
ces render It improbable that he SHALL in future be af
iected by them-but entertaining as he aIways no.
done Tor his native State feeling of affection he thinks
lnal experience has taught him valuable lessons
winch Hie0Ty can never give. That the DELAYS of ius
ce' ana heaVy expences which now attend suitors il,
Chancery are solid grounds for complaint will be roo
u,ly adn,'ted and to remove these grounds of com
Piaint' whist at the same time wisdom and ustce
marx the DEGREES OF the Chancellor should be
iuiy Kept In view, in all your deliberations MAN.
% may DC adopted to tighten expences, and facilitate
he progress OF causes in the Courts of Chancerv hu
In doing this, you should take care that Won do not
aosh evils oil higher magnitude, and thereby open new
r;" ,Sr clam0r lie who supposes that benefit will
e 70 .he people, by having Superior Court of Chan.
Gerry In each county, will find his error after the
goes mo operation In the first place. there are
to ;nst9 enougn In each county, nor in any county,
competent men, to act as Commissioners cannot he
ou ! In each county; for those who are competent
ha mo. Sccepl me ONCE and it will presently be seen
hat inns branch OF the Chancery Court system ia a.
quarry important with the Chancellor himselC-Nor
ian II pe adihtted, that the Common Law Judge ought
",so 10 DC lhe CHANCELLOR To show this must rea-
son upon man as ne as, not he ought to be- The
Judge VINO decides point of law or of evidence "a a
"a" Suuse VIII not readily change his opinion when he
- as pride opinion which
me 1t1age on the bench, than from the citizen else
W. opHion' once expressed by Judge cannot
cashy changed, ana from this he IN
Jusuce VIII be often closed. A Court of Chancerv df
iers from Court OF Law, only in the mode oc trial
he form OF evidence and the execution of its decroos
ne same principles OF law, which obligatory upon
Court OF Law, also binding upon a Court If r.
qu'y; The rules OF evidence which apply TO a nroner
construction of deeds, Wills Sc are the same in b,
oour's; besides 1t has been found in England after
more than thousand years. experience that the Ien
emf feelings oil Chancellor no more suit the riod rules
OF Ia"' IMAM the rigid and harsh feelings of a law
'uuge, SUIT the ienent feelings of Chancellor The
i M ha I..s
ioIow' The great delays in the progress nj causes
ana the heavy expences attending suits in Cbancerv
no io' arse from the Chanceor-They rest almost en-
ureIy upon the Commissioners and if This branch NJ
he SUBJECT was properly reformed little else need no
complained OF. The following plan would probably
u' me principles OF equity, better than any other:
superior Court OF Chancery i'm each Cfrc,Ut
IN the State, and direct court to be holden AZ
wnin the circuit The Chancellor should reside Viii
~ ms circuit; The rules which present govern The
Chancery Courts, should be continued: Com,,issiona
or Commissioners should be appointed for each ;c;,
whose duty should be TO do all matters and things r.,
MN reerred his services should be paid for in the form
o' saIary, ana tax imposed upon all DEGREES IN re
lmburse the Commonwealth in part or in Who'll TN
commissioners should not only be good accoun,an,s
ou. souhd lawyers, who well know how to appIv The
principles oil law TO evidence offered before Tn
commissioners OF Courts of Chancerv have ,rea,
IN ,ner hands, they should therefore be selected for their
ssi ana integrity Many details grow out of this part
Oh me SUBJECT which you will know how In regulate
ms plan may be objected to- as too expensives bnt
uce must be properly administered though IL be exSen
sWe Inc salaries OF the Chancellors NAV he noJera,o
az hrst, and increased the business shall increase
some OF the circuits too small and others too large
hese can be easily corrected Accomack circu, s loo
small and Norfolk TOO large; Norfolk and Princess
hhne therefore, ought TO be attached TO Accomack &c
put again. say, that the great reform must be in the
commissioners Department Many abuses grow out
OF iheir mode OF doing business: Ist thew withhold
'ner report until II is paid for This cannot be aIwavs
conveniently done by party and the consequence il
ueiay Iher lees sometimes amount TO $500 and ,non
exceptions filed, the whole report is set aside but in
me mean time the fees paid. II frequently bapnens
that poor man has just claim against rich ono Tho
commissioner knows, that If he makes report in favor
OF The rich man, he gets his fees upon the spo where
as he reports in favor of the poor man his fees viii
be both slow and doubtful. The infirmity of man NAV
cause him TO do injustice from this view The Com.
missioner paid by the hour and il frequently happens
Una, ne VIII take course in stating an account which
WIZ require an hundred hours when indeed another
sno me oest mode, might not require ten. The Com.
missioner is no lawyer, and he is stunped by princi.
PIE ot law which presents ise he must repor special
~ 70 me Court delay follows and the court is blamed
me longer case is kept before the Commissioner the
!. more ne VIII generally have right to charge: DELAY
. ne consequence, and the system is denounced All.
W. a', ms, and much more TO be complained Of the
.ePoI' ~ made most uaskiIfuy and is sent back no
yu oAstPuons' when the same delay may be expected
" when twenty years have sometimes elapsed a
proper reform IN the Conmssioners with disttct svs
'etn OF Courts Of Chaocery, would forward tho bnsi.