Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-03-25
THE JUDICIARY.


THE JUDICIARY.
The following the provisions of the new Judi
cary Bill now pending in the Senate, the most i'm
portun. and the most innovaiug Another projet il
also before that body, which we have yet seen
We learn that there is probability that the one o
which what follows is the material part, will prevail
D The said superior courts shall have power TO
hear and determine all treasons murders eelonies
and other crimes and misdemeanors committed With
in their respective Jurisdictions, and which by the
laws now in force are cognizable in the circuit courts
we'll as those which having BEEN or which sha II
be committed elsewhere and made cognizable in
the said circuit courts, excepting all such offences as
now are hereafter shall be made exclusively corni-
Fable in some other court of TIE Commonwealth by
express act OF Assembly. And the said superior
courts and the Judges thereof shall have ali the
power and jurisdiction all persons and in all
controversies, causes, matters, and things within
their respective Jurisdictions, which now by law
conferred on, exercised by, and cognizabe III the
courts of law and chancery within this Common
wealth and by the Judges thereof and which shall
amount exclusive ofcosts TO dollars, wheth-
the same shall be brought before them by original
process, by hG6eGS corpus, appeal, writ of error
SuperSedenS, mdndGmuS certiorGri to remove pro-
ceedngs for any purpose, or by any legal ways or
means whatever: excepting III such controversies,
causes matters and things as now are, shall be
made exclusively cognizab!e in some other court oil
this Commonwealth.
6. Hereafter the process of the plaintiff ln..itu-
ting any cl:l action In any of the courts of this
Commonwealth of original jurisdiction, shall be a
directed to the proper officer of the court
commanding him TO summon the defendant to appear
at the clerks office on some rule day named III the
summons, at the next term of the court answer
the bill of the plaintiff there and then to be exhibited
against him. And when the defendant shall be re
guired to answer the bill on oath the plaintiff may
insert in the condition that unless the de-
PENDANT shall within months after the return
day thereof, appear and answer the bill the court
will consider the matters thereof If confessed,
and proceed to render judgment decree accord
ngly: But in where bail shall be required ac-
cording to law rapids nd rcs2oudeHdunb shall be
issued directed in aforesaid, commanding
the officer take the defendant and have his body
at the clerks Office rule-day named in tt 9
writ or before the court at the next term thereof
to answer the bill of the plaintiff there and then to
be exhibited against him, and the officer shall in
executing such writ imprison the defendant or tax
bail according to lazy.
z. Whereas the EsRctice OF the courts and the
forms Of pleading in prosecution and defence of
civil suits, controversies matters and things cogni-
Fable therein, well the mode of trial and iud,r
ment ought to be PLAIN, simple, and uniform; and
whereas in controversies respecting property and in
suits between and man, the ancient trial by iurv
is preferable to any other and ought be held sa
cred, and introduced IN practice far as practi.
cable;
9. Be it therefore enacted, That the distinction
between the forms of actions in civil suits and be-
tween the practice at law and in shancery shall DE
and the same hereby forever abolished And
the law it is now interpreted and administered
governing the justice Of every case, upon the facts
thereof whether ascertained, as heretofore thew
court Of law or Chanceryl shall hereafter
be the law of the land. The practice of the courts
and the forms of pleading shall be plain simple and
uniform. The bill of the plaintiff shall be addI ess
ed to the court, and contain a plain and concise
statement of the cause Of action and shall ask a
Judgment decree thereupon. Phe answer of the
defendant shall be plain and concise statement
Of his whole cause of defence: and the pleadines
subsequent the bill and answer shall be sssIroi-
lated TO those used in court of chancerv so far
as they shall be consistent with the provisions OF
this act But demurrer shall be construed to
admit the fact demurred TO, against the demurrant
unless he shall elect 10 admit it, by emitting or
refusing to put the fact in issue or otherwise
pleading thereto at the time of dcnurrinr On
demurrer. bill, answer, or other plea shall be
dismissed get aside for want of form, if the facts
therein stated shall be sufficiently Certain TO enable
the court to render decree or Judgment thereon,
should they be true; but any BILL answer, or other
plea not sufficiently certain shall be amended
without delay under the order Of the court at the
cost Of the party amending shall be dismissed or
set aside if tho party in default refuse to amend: but
u dismssion in such shall not prejudice the
merits of the cause of action in subsequent suit
Phe defendant may except to any irrelevant, pro-
Tx, argumeniative or impertineHt matter which NAV
appear in the bill other p!eadings of the plain
tiff, and the plaintiff may in like manner except to
any irrelevant, pro!iX argumentatlve impertinent
matter which may appear in the answer ether
pleading5 Of the defendant, and the court shall
without delay eXpuuge ali such matter from the re-
cord at the cost Of the party in default, saving how
ever to such party the right fpeservnp the same or
any part thereof by bill Of exceptions to the opinion Of
the court to be taken and signed before the record
De amended And when in any case lmnateriaI is
sues, too many issues, doubt shall arise what IS
made in the record the court shall examine
tbe pleadDgs, direct and have entered on the record
what issues shall be tried and the Sury shall be sworn
TO try the same and others. TIE trial bv ,orv
shall extend to 81 cases except upon The trial Of
bills TO Tcrpeuato testimony; or bill for the discovery
Of facts resting the knowledge Of the dcf,rdani
deeds other writings things in hrs custody and
power OF upon bills for the settlement Of accounts
of executors, administrators or other legal repre-
Sen'atvcs, cUrators, guardians committees or tsus-
tees Tor the management ofany estates, or for the
settlement of accounts between partners, principal
and factor, merchant and merchant, distributes Of