Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1842-01-13

twelve months, the accounts of executors admin
lstrators, guardians and curators,. Let the mas
ter have the power let tho court exercise it for
him, OF compelling these iiducares to appear be-
fore him, and produce their accounts and youch- |
ers. Let the master report his settlement before
the next term of the circuit court Let those ip-
,erested then appear, they think proper. and file
exceptions to the report, to be decided by the
court, as we'll as all other questions presented by
the report. Let an order then be- made for nav
lnent or distribution Of any balance due from the
hduciary, where there arc hands ready to receive
IT, and where there are no hands to receive il, let
1t be loaned out on interest, or invested i'm pro-
ductive funds until tho persons entitled shall an
pear and demand it. This plan, in the opinion
OF your committee, would unite all that is desira-
ble-the science of the judge with the expert
encc, skill and labor of the master, and without
any additional expense, for the fees now allow
cd to commissioners in chancery would be an adj
eQate compensation to the master. And thus the
evils consequent upon delays, the loss of youch.
ers and other evidence, of tedious and expensive
litigation, and the necessity of rcsortinu to inn
perfect and unskilful er parte settlements made NV
partial friends selected by the iducary himself,
would be avoided.
Your committee have thus, so far as the higher
courts OF the Commonwealth are concerned. ex-
pressed their general views in regard to both
branches of the subject referred to item, namely,
me means OF insurlng an efficient aud speedy ad-
niinistration OF Justice, and Of preventing unne.
cessary litigation. They have no reason 10 doubt
me successful operation Of the phns proposed
ior the consideration of the House, In the cir
cut courts the effect would be by their prompt
and energetic action in relation to The settlement
oil estates, to exhaust at their sources streams of
turbid and sluggish litigation, which row over
HOW TO great extent all the judicial tribunals of
tne iand. AT the same time heavy masses of
chancery business too important or difficult for
| speedy action upon them in those courts, amidst
| SCI 4
Their dockets, and the judges and counsel thereby
enabled to give more time to tho common law
prosecutions and actions, and the ordinary equity
suits. In the intermediate courts, Ill its business
would go there completely ready Cor immediate
trai ana decision, and might be disposed of at
| the very hrst term, without the necessity of ted-
GUS sessions, lnasmach as the division of labor a.
mohgst The Judges i'm chancery causes, and the
eNpedlent OF obtaining condensedprinted records,
would contribute greatly TO expedition. The last
mentioned circumstance, too, the probable acqui-
essence In many decisions of the intermediate
courts; and the abolition Of appeals in regard to
others, would give to litgants the hone of wit
Messing 'he mai termination IF their controver-
sizes during their lives, instead If leaving them as
iegacies to their children at their death.
\ our committee deem it tooobvious for COM
mont, that the proposed amendments of our Judi
ciai system, besides preventing great delays,
would save great expenses to suiiors, without the
necessity OF imposing additional burthens upon
the community. The change of duties and in
crease OF responsibilities would seem to render
| 1t polite and just to allow some enlargement of
compensation to the circuit judres; hut the charge
on the treasury thereby occasioned could be met
without the slightest difficulty by moderate taxes
on appeals and removals into the Intermediate
COURTS and small addition to the taxes on legal
process.
In the hope that the plans for reform and i'm
! provement above suggested, may meet the appro
patton OF the Legislature. your committee will at
convenient time, embody them in bill with the
requisite details for carrying them into effect, and
suomit%he same, unless otherwise instructed, to
J house.