Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-02-17
pIRGLvL4 LEGLSLaTURE.
HOUSE OF DELEGATES.
MONDAY, January 81
DEBATE ON THE JUDICIARY SYSTEM

Remarks o. MIR GIpsoN, on the Resolutions on the
subject Of the Judteiary-delivered in the House of
Delegates, February LIST, 1881.
| IDEBATE Continued
MI. Gideon said he shtnlI offer no apology TO the
House, Tor the short time he should occupy lis a,en-
lion. assigning = few OF the that would n-
duce him to supper, the Report of the Committee
The good people that he in part had the honor repre-
sent both feel and have expressed great anxiety for
the contemplate change. Indeed, he believed IL was
the general wish OF the citizens OF this ancient Do
minion 1t Is not sudden feeling-lt has grown with
time, and has taken such deep root in The hearts of the
people, that il now overshadows the land. The echo
oil the public voice has been ard from county
ty, AID there few who.reside OF the large
where Chancery Courts are now held that ba 70 not
heard its sound. For himself he felt instructed aud
he should obey those instructions tn eh.er,ly
as his own opinion harmonized with the " ish of hi.
constituents
Mr. G. said he belonged to that class OF politicians
who believed that the voice Of public sentiment when
uninf1uenced by party excitement, was tbs voice OF
wisdom. He knew (he said) as TO manner, that he
had nothing to oaer that would cap,vae, aud n fear
ed, as to matter, not much that would interest in
struet.-he should, however freely offer the widows
mite aud without farther preface, he would at once
20 into the argument OF the question.
The gentleman from Henrico, (Mr. Lsigh) in his
very able aud eloquent address, had specified with his
usual ability, innumerabe objections to the proposition
oil The Committee, most OF which applicable to
the present system, as to the proposed One OF
the hrst that he should notice. the one, that no in
! creased accommodation would be afforded to the suit
ors oil the Court, by carrying Chancery into each
county because, u that were true, there would be
an end OF the question.
II the people gain nothing the score of accom-.
modston, the change would be of value to them -
Is that so! The .ndenan tells you, aud truly too,
that III most Chancery SUITE, all the defendants do
reside in any couny-and branch the Courts you
may you cannot carry the suit 10 the County of each
party That is an TO the present district PLAN
Ii is not unusual in Chsncery suit, for s6se OF the
parties TO reside out OF the Dsric-nay, out of the
Commonweelth-yet they have TO be convened by
some process or operation of law. Lei see ii that
cannot be effected upon the county plan, well as
thaof the District. TIL member from Henrico states,
that If the proposed plan is adopted, NJ rsbaS will
have to be dispensed With, aud the Sheriff, OF tn
ties substitu ed in their place; AMI that the Seifs
Will not execute the process, and return il to the pro-
per County. The FIRST branch OF the PROPOSE lion Is
tAnly correct. We shall have to subs u,e Sheriff,
Tor Marshals but is not ded that they will
be as unc ual as The Marshals tn snse,e VI, be-
lieved mere TOR that he would presently
sign Marshas are generally strangers NEST of the
party dtiendIns who reside in their Dis;rict-and al
though they receive three times much for the
| cuion OF any original precept Sherif-yet, in
| point OF iact they generally attended the County
Courts TO serve such precept aad il they meet with
the parties, 1t was all welthe business DONE il
not, II was not attended to--and il not unfrequenty
happened that from ant OF acquaintance in the coun
ty, parties actually at Court, were permitted to 70
way, without being discovered by the Marshal or his
Deputy This OF jection does not apply to the SheriHs
OF any county The counties laid out In Districts
and the Deputies generally knew every in the
Comfy, each OF whom may be ssid TO be neighbour
TO one or the other OF them. But has been said IA
tie Sherf will not return the process thus con6ded TO
them, and IL at there Is scarcely any means 10 prove
the reception the part Of Sheriff, OF such process
MIR. Gibson said, he did not know why tn Sher n and
4 his Deputies, would not feel much dspos. ID TO at
tend TO their duties, Marshal and his ID .pues -
He did no doubt but that they had tba, DISPOSE ion
and sure he wa, that with the other advan onIy
already not ced they would b more prompt in their d
ty. As 10 the difficulty of proving the reception of a.
| ny papers sent them, in case OF delinquency could
be readily obviateJ, by making it The duty OF tn
Clerks OF County Courts, deliver to the Sheriff Of
their respective Counties, any papers enclosed to The
by mail orr otherwist, for such purpose, taking re
ctipt for The same. This duty might be imposed nm
the erks wi bout difficulty az the Office of Clerk i,
completely under he controul OF the Legislature
Nor would II be burthensome Ii is not prob bic tina
more than 8 or 10 such commune tons would be
made in any one year from other counties. But upon
the score OF economy, much would be gained to the
suitors OF the Court, by substituting SberiGs for Mar
sha From The increased distance that the latter have
TO travel it has been usual and il is proper to give
larger compensation to them TOR the execution of or.
binary process than 10 Sheriff. They now receive
about treble compenss ion. This, however, is n,tt e
most material saving. To keep up the Off Of Mar.
shtl the Chauceors generally refuse, where any pro.
pery is decreed TO be sold. TO suffer Commits ia
.he county TO effect sale the Marshal must do il
and receive his commission Dispense with that off
Ger, and the reluctance will he felt to the APP.
poinment OF friend Of The parties, who would often
act without reward Upon this subject he spoke
knowingly, cases had fallen under his own observa
oD, 10 prove the fact. He did not consider tba, he
shoulI speak exravsgany, il he said, that in some
years, thousands would be saved to the suiors OF
/
| TO a suit could no have the same brought home to
them Ii has already been stated, that upon the dis
trict plan, all cannot be accommodated. Some resds
| even out Of the DisriciS-The county plan has this
advantage the oiber that IL is not lea,
10 ,'and TO those who reside in the county where
the suit Is Instituted, II is much more so and surely
that plan should be'adopted that would give
creese6 facilities, provided others not incommod
ed by IL. But he would contend, for all substantial
purposes, the cults should be carried to the county OF
each defendant. Many Of the parties TO a Chancery
sult, generally nominal as TO interest, and much
otsner so az to any active agency in the management
OF the suit. Most Usually, some one or two al mos
wsre selected to attend to the manag emen Of the suit
willis In CourtrequiTe the plaintiff, VI his dem nd Is
perIonal one, and against dead mans estate, and his
Executor Administrator is TO be sued, with the htirs
10 institute the action 10 that county. whsre the Exc
euior or Administrator resides. 10 90 cases OF
hundred he is the acting agent, and IL Is generally 10
such county that the evidence IL 10 be found. IL the
suit should be about Land other property, require il
to be prosecuted where the land lies where the pro-
petty to be found. There the evidence Of title is
generally found recorded, and those in possession
deeper interest, and will be the active and efficient
agenIs.--The Member from Henrico has brought to
the view Of the House OF bulk aud diff
Gully and has asked, how could County Chancery
Court in the limited term OF its session. dispose Of su h
cases Brown and Rivssl The answer is ready
one Such cares fsre.--[Hsre MF. Leigh ross
and sail he could name many such. III Of that
description do occasionally appear, they constitute but
sma proper ion Of any Docket and comp ravly speak
ing, occupy small part OF the time Of auy Court
Courts, like gen eral laws, intended for the
nience OF the great OF the cizen and not for IN
| espscial benefit Of tn few.
Could there be mode pointed out under the county
Plan TO dispose Of such suits although but few In NUN
Der, the Objection would be entitled TO great weighs
but he considered that remedy be iouud Tor such
| r. a fofm