Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-01-12

said ,har,be upon small claims win be ncress
ed suits should be brought upon heu In the superior
Courts Ibis, think hiss been alleged without due con-
sdefaton In both Courts the foes OF tho Attorney She
rf and Clerk are the II there be any difference
in the costs, arise in The connuonces granted to
the patties and appeal with conidepss to &C ntlcmcn
practising in both Courts, 10 the Magists in this House,
who are in the habit OF setting upon hstcnch TO bear
me out in the assertion that cOntinussSsSre much
common ia the county than the SUPERIOR Tkis
arises not only IRON tho fact that the county courts fire.
qneDy refuse 10 touch the docket from the favor
able reception given by them TO motions for coniinuanccs
Delays, it IS also said grceter i'm the Superior Courts
after Judgment than in the County Courts in eoaso-
quenee OF the forthcoming bond system. A BIZ, Mr..
Speaker Is before this House PROMISING i,npor-
tant alterations 70 that system, with of aorpg f-
cliues TO the plaintiffs in tho collection of their iudg-
men This bill viii probably pass into law; but whe-
thcrit does not, is material ray argument am
not now arguing the claims OF defendants but Of plaintiffs
am proposing TO give them an additional tribunal for the
collection Of their Debts and il delays really greater
In the Superior, than in the Inferior Courts, they VIII
know and Will govern themselves accordingly All that
ask that they may be permitted ii they think proper,
TO in the Superior Courts Another objection urged
against this bill is that it will increase the business Of the
Superior Courts such extent that these tribunals will
not have time TO dispose Of its causes during the
now allotted them We have TO means at presc nj OF as
eeranng the probable amount obusness that r be be-
lore the Superior Courts but if that before them al their
last terms be any criterion of what may be hereafter ex
Peced shall have difficulty in saying that their
present terms will be too long The Judges during tho
'a a' WINE on Their circuit were suffering from ennu
experiencing tpdun rt, aud killing time, in the in
labor verify believe, actually necessary bring their
powers into proper action.
think Mr.. Speaker, l have satisfactorily shewrs
that the Superior Courts should have jurisdiction over
the matters embraced by the bill, by of their
ability TO attend to them, and the additional accommoia-
ton would afford creditors 10 collect Their debts and
although il is the design of the bin 10 take away
from The present jurisdiction of the County Courts any
matters now equitable before thcm yet conceive strong
reasons exist TO authorize withdrawal from these bu-
nails Of all jury in civil actions This Jurisdiction
operates and often with loss to extensive
class ofdeicndantsi Executors and Administrators
Wh suits against them in both courts they arc frequent
conpeledto get copies of the papers the de-
lend Them IN the Others and Notwithstanding all their
anu diligence, sometimes happens that the assets
parted with in discharge of claim in less
dignity than that of another in the other The
iey trouble and expense OF executors and administrators
would he very considerably lessened ii they suabl
in only one common law forum
by the present system, the people very much hor
raised Where is the necessity of assembling Jurors six
times year. 10 try the civil docket when all the causes
could be disposed of in the two terms of the Superior
CourtS This too, would be great accommodation 10 tho
members OF the bar. BY giving the Superior Courts
chancery powers, their terms necessarily heightened
from what they before. Their sit,ings frequently
interfere with those of the quarterly courts in adjoining
counties When this happens the counsel, having
in BOTH are much pePcxed TO decide which TO give their
attendance AZ Already there petitions your table,
praying alteration of the terms of Of the Supe
ror Courts with view TO accommodate them the county
courts in the circuit This, however, cannot be ecctual
ly done in all the counties, and much embarrassment
eventually grow out of this double system.
not only maintain, Mr. Speaker, that the jurisdiction
OF the Superior and Inferior Courts, acting concurently
over the causes is announcement TO the suors TO the
people, and to the barr But go further and assert that
justice cannot well be administered in the County Courts
in Jury cases In advocating this proposition, wish he
understood as casting reflection whatsoever upon tho
integrity and general intelligence of the magistrates; these
qualities cheertuHy concede 10 them. My position is
mantainabe upon other grounds and chiefly upon this
that they overwhelmed with other matters that they
have not leisure attend the docket The Coun
ty Court has appellate jurisdiction from the decisions
single magistrates 1t has the appointment of executors
administrators, curaors and guardians, and the settlement
of the numerous and complicated growing of
the trusts reposed in these characters Need ask how
much of the time of the court ought 10 be consumed in
the investigation of these They alone ought
to occupy very considerable portion Of the term.-
The probat of wills and deeds, the trial OF peace
rants the binding out OF apprentices and finding of ia
theirs for chance children-which latter unfrcquen
y occupies two three days i'll the the whole
police OF the county, and the regulation and management
" Ic Hee negroes slaves ana muattoes together with
nnumerable other subjects which brought before tho
Court leaves time for the trial of jury When
we examine The great extent of the jurisdiction of the
County Courts, and the complicated % their duties
we ought not tobe surprised the neglect the docket
III these difficulties exist they will hereafter be aug
mcnied ior whoever reflects upon the signs of the
must orcscc that the police the County Courts
must be increased by the Legislation of the present
sion
Much difficulty Mr.. Speaker will he experienced by
the County Courts in the peadings authorized by the Ju
dietary Act OF last session allude these cases where
the defendant DESTROYS avail himself of special plea
and requires the examination of the plaintiff on OATH as
evidence TO subsanate it. Whenever
lous counsel shall have such before the County
Court, it will be difficult TO tell when it will be finally
scueu L ne discussion upon The motion 10 lille the plea
upon the exceptions TO the inerrogaories that they are
not pertinent TO the issue to the that they are
not responsive to the inerogatoes; and finally, what
feet is TO be given to such cvidencew neither the legal
force OF testimony in Courts OF common law The egufa
BILE character OF answers in Chancery, will such
confusion in the County Courts, that lbcy will be cum
PEELED TO move am adounment 10 put end to the strife
Whoever has listened TO the debates in this House. must
have discovered that the people dissatisfied with tho
jurisdiction OF the County Courts in the embraced
in the BILL resolution TO increase the jurisdiction of
single magistrate has been adopted The bill possibly may
not pass but the favor extended the resolution
tsed me that the County Courts in danger of losing
part OF their present jurisdiction. Shall give 6a
single magistrate or to The Superior Courts If hat were
1.-The proposition before this House. should hesi-
tate in giving ii TO the latter The object of the bill is not
however, to deprive the County Courts of it, but only 10
permit the Superior Courts participate with them in all
actions OF debt covenant account and upon the case,
give TO creditors and their aornics the right suene in
all cases where the in controversy shall TWEEN
ty dollars in either the Superior Inferior Courts their
pleasure
DEATHS.