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

or purity and ability: their sole object being 10
'o'nt out some of the existing defects i'm the sys-
EN- itself, and to suggest such reformations in it
IS t'ey trust may afford relief, not only to the
public at large, but to all concerned i'm the adj
innistraton Of justice.
For reasons above noticed, your committee re-
peat that they would not be disposed to destroy
any part OF the jurisdiction now exercised by the |
court OF appeals; but to transfer portion of il |
TO other tribunals, to be constructed out of mate
rails already prepared. They would respectful |
ly suggest the eXpediency OF ESTABLISHING inter-
mediate courts between the court of appeals and
the circuit courts, which, The one hand, might
reiieSe me court OF appeals from great part of
the appellate business, say one-third or one-half
and on the other, might relieve the circuit courts
from no considerable portion of their original iu-
rlsdicaon. And they beg leave to submit the
toio"lng oriei outline OF plan for that purpose
Let the Judges of three adjoining circuits as
sembe at some convenient place. after go;nu
through the business OF their circuits: or at some
o'her periods, 1t more convenient, and hold an in
tefmed'a'e court, with appellate jurisdiction from
the courts OF their circuits, i'm all cases of suita-
Die magnitude, common law and chancery, civil
anu criminal ; and let the right of appeal from
the decision oil the intermediate court TO the
court OF appeals, be restricted by increasing the
amount IN value requisite to give Jurisdiction To
that supreme tribunal. In order TO save expense
and time, let proper provision be made, i'm cases
OF appeal from the circuit to the Intermediates
court ioI removing the original papers, instead oil
copies OF me records Let the circuit courts re-
vain ali 'he lot'sdlc'on which they have at pre-
SENT as wen In chancery as in common law ca
sos bM give them a discretionary mower. aftor =,
ehancery cause has been completely matured for
nearing, 10 make an order for its removal into
me intermediate court. The circuit courts wouId
sun transact tho ordinary equity business, such
ae SrS ana dissoivlng injunctions, and dis.
Importance and difficulty, reourino more rcaec.
,on nan can now be devoted to them in the null
'P'o"y VI duties occupying. the time of the
Co"''' 10 guard against too great an accumula
ZION OF chancery causes i'm the intermediate
court Ht be provided that the decision oany ore
~, 0o JUICES may be made the decree of
''e court win the right of peti,ioninp The fall
court ior rehearing. Thus there would he three
H''"noei'orS acting at once in different eases and
u.e uecision oil any one of them subject to tho re
'iS'oh vi me others. And in every pe,it,on for /,
'';as iel me counsel for the petitioner be re-
eio'eu 70 stale all the material facts of the case
SUBJECT 10 such additions and corrections nc r, az
be made by the adverse counsel nnias d;, -, -,
anu where The counsel ON opposite sides disooree
DIS 10 the facts, let the points of difference he set
.eu oy any one OF the Judges or if that should Inc
."oonsehieht. ny master of the court: and let
'hiS dlgest OF the facts be thencefor,h. with The
I""o9c,iueh' proceedings, the record of the cause
inittee, would be of great value not onlr nm ,,o r
nearing iisei, but in the court of appeals. if The
cause should ultimately 90 TO that tribunal The
record would thus be reduced TO n comnar,,;,oI,
s"'",i compass, and both courts relieved from The
PonueiouS mass OF evidence and Details freouent-
=, vie nios' irrelevant and trashy nature, sorv-
my 10 obscure and overw helm, instead of illus
Iatihg the legal questions involved and 10 grieve
."1 sPhit, without enlightenino the mind of the
J""se' ne Drlei records thus obtained shouIJ
moreover be printed, which could be done at
sn'a'i poi"oh OF The expense TO which parties are
49, ,I .or original transcripts and copies
heteoi. Inc facilities which would he afforded
to the court and the counsel, by such nrn,ed ah'
stacts, 1t would be difficult to estimate At tho ru
value. ~ vi" '"''
IL the plan thus proposed should be approved
your committee are OF opinion, as at present ad vi
.;,i na' we genera! court might be abolished
"'thout detriment 10 the public interest 7, il
not perceived that there Iuid be anv Imnoria nj
advantage from retaining that court especially
when we consider the onerous labonrs cbirny
physical, which 1t throws upon the circuit iudoes
ne appeilate criminal jurisdiction of the court
might be as well performed by the Intermediate
courts and the law better settled in the last re.
SORT ny allowing an appeal in important cases to
the court of appeals, where, if treated as privile
ged cases, speedy determination MIGHT be had
WIN nut little Interference. as they would be few
III number w'ih the other business of that tribu
e -, ~ ~ " ''' hSc"i anu prODdt jurisdiction
OF the general court, it is supnosed ,lero i;
no good reason why it should not be transferred
10 te intermediate court, the circuit cont that
would be held IN the city of Richmond.
our committee would further recommend A.
iio'hef amendment OF our judicial system, which
IL seems to them would have the effect of reIiev-
ing all the courts and the people from great A.
mount OF unnecessary, expensive, and runons
iiogation. lis purposes would be to ensure
the prompt, correct, and economical settlement
ana adjustment OF the accounts of certain iducia
'oe' .'at is 10 say, OF executors, administrators
guardians and curators. We know that in some
"a our SISTER states they have what are called or
Phans courts, for the transaction of sucb busi.
ness; and if properly conducted, they mus, be in
me opinion your committee, of inestin,able
value. NO such tribunals have ever existcd in
virginia, and the want of them, or Of some eff
cieht SUBSTITUTE has. it is believed, been very So
Vcreiy feit Probably one-fourth, or even a third
OF our chancery litigation has for its object the
settlement OF the accounts of these Gduciaries
ana me recovery OF the trust funds confded IN
meiF care and arrangement. Nearly the whole of
s"ch controversies arise out of the ahseuce of .
proper experimenting and con,rollinr power
"hich would call and compel the fduciary to
prompt and periodical settlements, and prcycnt
me nlSarpcation Of the funds committed IN
aieir charge to purposes foreign from the trust-
ne eVl' is one OF most serious magnitude, and
'.'e .olefaton OF 1t Tor so long period is some
"hat remarkable In Commonwealth so distin
gusheC fer the just spirit of her laws. Everv
chancery lawyer knows that in these coptrovey-
sizes, attributable chiefly to the delays of execu-
toFS, administrators and guardians i'm the settle
ment oil their accounts, for perhaps ten fifteen or
twenty, and sometimes so long as forty or fctv
years, there is but rarely hope of even an an