Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-12-28


tons and corrections aS may DC made by the I'd
verse counsel unless disputed: and where tho couu
sci on opposite sides disagree rs to the facts. lC
the points OF difference be settled by any one Of III
judges, If that should be inconvenient by mas
ter OF thu court: and let this dees of the facts
thencoforth, with the Subsequent proceedings, III
record OF the cause. This last provision, in tn
opinion Of your committee, would be of great value
not only on the rehcaring Itself, but in the court
appeals, IL the cause should ultimately 60 10 tha
tribunal. The record would thus 10 reduced {
a comparatively small compass, and both courts re
leved from the ponderous mass Of evidence and de
tai 5, frequently OF the most irrelevant and TRASHY
nature, serving TO obscure and orerwheln, instead
of Illustrating the legal questions involved, and Il
creve tho spirit, without enligtSeninS the mind q
the Judge. The brief records thus obtained shou'C
moreover bc printed, which could be done at
small portion OF the expense to which parties are
now subj -cted for original transcripts and copies
thereof The facilities which would be afforded &c
the court and the counsel, by such printed abstracts
It would be difficult to estimate at their full value.
If tic plan thus proposed should be approved,
your committee are OF opinion, as at present udvis.
ed, that the general court might be abolished with
out deirment to the public interest 1t Is not per-
ccved that there would be any important sdvantsg
from retaining that court especially when we eonSi-
der the onerous laSOurs, chiefly physical, which 1t
throws upon the circuit Judges. The appellate cri.
minl jurisdiction Of the court might be as well per-
formed by the intermediate courts; and the Jaw bet
in important cases to the court OF appeals where,
If treated privileged cases, a speedy determine
ton might be had with but little interference, rs
they would be lew IN number with the other BUSH
ness of that tribunal. And as TO the fiscal and
probat jurisdiction Of the general court II Is sup.
posed there is no good reason why II should not I've
transferred TO the intermediate court, or the circuit
court that would be held in the city of Richmond.
Your committee would further recommend ano.
Their amendment OF our judicial system, which it
seems TO them would have the effect If relieving all
the courts and the people from great amount Of
unnecessary, expensive, and ruinous litigation. Its
purpose would be ensure the prompt, correct and
economical settlement and adjustment Of tho &C.
counts OF certain fducGrIes; that Is To say, OF cx-
ecutors, administrators, guardians and cuTnturs.-
We know that IN some Of our sister States they have
what arc called orphans courts for the tausac'
of such business; and if properly conducted, they
must he in the opinion Of your committee, OF nesi-
mab.e value. No such tribunals have ever existed
~ Virginia, and the want Of them, of some eff 70
cIent substitute, has, tits believed, been very severe
" io';. Probably Cne forth, or even third of our
chancery litigation has for ITS object the Scu emCnt
of the accounts OF these duciarlts and the rccoye.
~ OF the trust funds cOntiCd 20 their care and ma
nagemeni. Nearly the whole OF such controversies
arise out Of the absence OF a proper superintCnd
ing end controlling power, which would call and
compel the hluciary TO prompt and periodical set
Elements, and prevent the misoppca,on OF the funG,
committed TO their charge TO purposes foreign from
the trust. The evil Is one of most serious m1sni =
tude, and the federation al it for so long period is
somewhat remarkable 10 4 Commonwealth so dis
tinruished for the Just spirit of her laws. Every
chanccTy lawyer knows that IN these controversies
attributable chiefly to the delays OF executors, ad.
minisrators and guardians in the setamJ mt Of their
accounts, for perhaps ten, fifteen or twenty, and
sometimes so long Us forty or fifty years, there Is
but rarely hope of even m approximation 20 ius-
tice and nothing is more certain thlE that bv surh
car mn
quen'ly lost, great part of it swa lowed up in
the expenses OF litigation, while many of the trus-
themselves and their innocent sureties are m.
VOWED IN utter ruin. Something has been Effected
IN relation to executors and administrators by the
act of 1875 subiec'ns them to deprivation of their
commissions for failure to settle their accounts be-.
fore commissioners every two years; but the mean.
Of compelling settlement without suit, OF ensur-
ing the selection OF competent and impartial CON-
misSlunerS, and OF aScertaIning the PRINCIPLES OF law
and equity involved IN the subject, are wholly want
ing. The incentive 20 punctuallty held out Ivy tic
law is moreover far from being adequate and dimi.
nishes m force IN proportion to the want ofcare ard
prudence on the part OF the trustee: so that ii IS
least eficacious where It is mos; important.
a proposition to create distinct tribunals in the
nature OF orphans courts, would be liable 10 the
objection Of involving q heavy cH0ense. Shrb
plan would require the appointment OF great mum.
Der OF competent judges who could not be procured
without adequate salaries. Here again your com.
mIttCe would, therefore, suggest the JNpediencv of
resortinG 10 materials already on hand: and they
respectful Y recommend the following mode of en-
grating orphanage branch uson the circuit court
jurisdiction: Lei each circuit court appoint mus
ter whose duty il shall be 10 settle at short stated
periods, say every SIX or twa,ve months the ac.
counts Of executors, administrators, guardians and
curatOrs. Let the mas er have the power or let the
court exercise It Tor him. OF compelling these fdu-
clares TO appear before him, and produce their &C
and vouchers. Let the master report his set.
tement before the next term Of the circuit courL-
Let those interested then appear If they think pro
per, and file exceptions to the report to be decided
by the court, rs well as oil other questions present.
ed by the report. Let an order then be made for
payment distribution OF any balance due from the
1ducary, where there are hands ready 10 receive it,
and where there no hands 10 receive Il, let
II be loaned out interest, or invested in pro.
ductive funds until the persons entitled shall appear
and demand II. This plan, in the opinion of vour
committee, would unite all that is desirable-tbe
science Of the judge with the experience, skill and
labor oil the master, and without any add tiUna ey.
pense for the fees now allowed 10 commissioners in
chanceTy would be an adequate compensation TO
the master. And thus the evils consequent upon
delays, the loss OF vouchers Gnd other evidence OF
tedious and expensive litigation, and The necessity
Of resorng 10 imperfect and unskIful sr p1ris set
Elements made by partial friends selected by the f-
duciary himself would be avoided.
Your committee have thus, so far as the higher
courts OF the Commonwealth are concerned er.
pressed their general views in regard 10 both branch
es Of the subject referred TO them. namely the means
Of insurIng an efficient and speedy administration
OF justice. ard Of preventing unnecessary litigation
They have no reason 10 doubt the successful opera.
ton Of the plans proposed tor the consideration Of
the House. IL the circuit courts the effect would
be by their prompt and energetic action IN RI.
lntipn to the settlement Of estates, To exhaust NJ
their sources streams Oi turUId ard sluggish Iii,,
ton, which now overflow 20 a great extent all the
judicial tribunals Of the land. At the same ,iroe
heavy masses Of chancsry business too important or
difficult for speedy action upon them in those courts
amidst other Cnguss.ng cares, would be rerovsd
from their dockets, and the Judges and counsel
thereby enabled u give more time 10 the common
law prosecutions and actions, and the ordinary
equity suits. In the intermediate courts al lis bps
ness would 60 there completely ready FOR immediate
trmIand decision, and might be disposed Of az the
very hrst term, without the necessity OF tedious sos
sions, Inasmuch as the division Of hbour AMONGST
the Judges IN chancery causes oUd the oxpedisnt Of
obtaining condensed printed records would conirI.
butte greatly TO expedition. The last mentioned cir.
cumsfance, too, the probable acquiesccacs in many
decisions OF the intermediate courts; and the nboi
ton ol appeals in RECORD 10 others wound yvo IN
l,gants the hope Of witnessing the fnll termination
Of their controversies during their lives, instead Of
leaving them as le.1ciCs TO their children at their
deaths.
Your committee deem it too obvious for com.
meni, that the proposed amendments Of ouriuJi.i,
system, besides preventing great delays would sayo
great expenses 70 suit0rs, without the necessity Of
imposing oddiOnal burhens upon the coronuniiv
The change Of duties and increase Of rcsuonsbiii.
ties would seem 10 rCnderi polite and lust To- allow,
some enlargement Of compensation 10 the circuit
JUDGES bot me charge or the treasury thereby &C
caslOnCJ could BIO met without the s'ightest mi
~ ~ moderate taxes on appeals nnJ removals into
the intermediate courts aud n small addition IN Tho
taxes on legal process.