Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-02-02

50. 1t is, however, common remark Of counsel when
pressedR bring in papers, that it useless put
causes N the Judges hands, until he finds it his power
10 decide those which he already has. Bench and bar
are discouraged by such state OF things and su.tors
hopeless Of relief, by the interference of the
Legislature The Legislature has been asked as mea-
sure OF relief 10 separate the Chancery from the Com
mon Law business, and appoint Judge TO do the
sb!e objection that has been made is, that the current
business OF the Circuit Court Of Henrico is not more
.ian enough for Judge, if that which has already
accumulated could be gotten rid Of
i" "hvlae this objcctlsn it is suggested that the
current business, tcl.anccry as we'll as common law)
remain with the Judge Of the Crcui, Court and that
there be transferred 10 The new Chancellor only chan
Gerry causes pending in the former Superior Court Of
Chuncery, or heretofore brought in the Circuit Court
and that the new Chancellor be vested with juris.
dlcon that viii have the effect of preventing the great
delay in the Court of Appeals at Richmond
Appeals to that Court are not decided on average
for six years after they docketed. This il
delay which ought not 10 be permitted, if it can be
prevented materially diminished. IL is proposed to
allow appeals from DEGREES in Chancery of the Circuit
Superior Courts in the counties east of the Blue Ridge
to be taken to the Chancellor instead Of to the Court of
Appeals, with power of appealing afterwards the
Court of Appeals, increasing the amount, however,
that should enable party 10 carry controversy there
1t is farther proposed that appeals to the Court of APP
peas from the Chancellor in those in which he
has exercised appellate jurisdiction, should be merely
to settle principles of law or equity and should go
statement offncts to be made by the counsel
both sides, IT they agree, or, not by the Chan
cellor the effect of which would be to the ex.
pense Of copying into the record mass of dispositions
and other evidence and avoid the discussions upon evil
dence which now consume much OF the time of the
Court Of Appeals.
The Cour, of Appeals at Richmond would then be
left determine the causes in that Court, the
cases of writs of snpcrscde0s awarded hereafter to
Judgments at law, and appeals from the Chancellor
DECISIONS the number of which last would be many or
few according TO the manner in which the office oil
Chancellor should be filled.
| In .Nno York where the appeals from the Circuit
Judges in law cases the Supreme Court, and in
equity TO the Chancellor, great has been
taken To fill the Office OF Chancellor well. Jndge
Kent went from the Supreme Court of the State into
the Office of Chancellor and to his decisions in that
office, his reputation may in great degree be ascrhed
In Virginia. if wc would have the business Of the
Courts DONE and the judicial decisions respected,
must take who are placed in Jndgeshps, and hold
nut reasonable inducements TO those 10 take them who
are capable of filling them properly In respect 10 the
Court of Appeals, It may well be doubted whether 1t
wise proper 10 reduce Judge To the alternative
of being separated from his family six months in the
year, of spending annually than his salary; for,
as TO living in Richmond with family upon twenty.
five hundred dollars year, Mat is thing which any
Judge will find pretty near an Imp0sslhlliiy.
1t very clear, however, that The Chancellor who is
sIngy 10 affirm the decisions Of the Circuit
Judges in equity carsrs, and whose view of the evi
dence is 10 be final, will be than useless unless
he be eminenly fitted for the station, and If the
General Assembly BE- not prepared to do what
say get Chancellor really fitted for the place, then
this plan, valuable it certainly would be, if properly
carried ont, had better be let aune
In any event, however, Of relief is ne
cessary respect TO the Chancery business in the Cir
cut Court of Ilenrico and the local Judsesp should
be created to afford that relief unless the other and
more extended plan be adopted X.