Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-01-08


preparation i-atich ~ arg mes vi.
| ard rexaiinusly DELAYED.
Yopr committee no; %i8!i 10 be unde'E''a as ~"
tending by Any 81 their reG!rfHs 10 oei"-t'e iloi W"
reputation Of our judiciary r. PSri'y an"
ability their sole eeec' beng to point s%e 81 'ns
,;s,nr defects in The system ,tse aud 'vsu@s". such
,e,rns,oos n II as they fay afford reiiei, not
only 10 the public at iasge, 'a' 10 a'' - ''
administration OF Justice
! r. ,e.sons above noticed, your committee repeat
. ,bev would not be disposed 10 destroy any part OF
the Jurisdiction exercised ny 'ie eoui OF nPpedS
hnt 10 transfer portion Of 4 T. other 'ri"nhMs, 10 DC
constructed on, o. materials already prepared iney
could ,esner,fuv suggest the expo dency OF esta bsh-
IN, intermediate courts between tie Court oil Appeals
and the Ci,cu, Courts, which, on the one hand night
relieve The Court Of Appeals from great part oil the
appellate busincss-say one third Or one on
he o,ler u,aht relieve the Circuit Courts from no m
norton OF their original lursdc' m And
they beg leave 10 submit. the following br'" utiine OF
q plan for that purpose Il.
IL, the udses Of three adjoining circuits assemble al;
place. after going through tie business
r ,be;, crcnits or other periods u more conre
,;an, md hold an intermediate court, with appellate ~
r.dc,ion from the courts Of Their circuits, IN all cases
of suitable magnitude common law and chancery, civh
and criminal and let the right OF appeal IRON the ce
cson of the intermediate court TO the Court o APpea
be restricted by increasing the amount IN value Ieiu
size 10 rive urst to that supreme tribunal" In or
der To save expense and tIne Jet proper pfsison DC
made IN eases Of appeal from the circuit to the inter
Il IN
OF copies of the records Let the circuit courts retain
all the jurisdiction which they have at present, as well
in chancery as IN common law cases; bat give them
discretionary po"er, alter chnnceTy cause gas oech
coruDe;elr na,rrcd for hearing 10 make m Ter Tor
lis removal into the intermediate court The circuit
courts would still transact the ordinary equity business
such rs granting and dissoiYing inGnrtons, and DIS
posing of all chancery causes, except those oil import
ance and difficulty, requiring more reflection than can
now be devoted 70 them in the multiplicity OF duties
occupying the time Of the court 10 guard against
100 great an accumulation Of chancery causes n the
intermediate court, let il be provided that the dec
SION OF my one Of the three judges may be made
the decree Of the court with the right of petoning
the foil court for rehearing. Thus there would
10 three chancellors acting At once IN different cases.
and the decision Of eny al Them sulect 10 the
revision Of the others And in every petition for re-
hearing let the counsel for the peone! be required 10
state all the material facts Of tue case SUBJECT 10 sucn
additions and corrections as may b. made by the ad
verse counsel, unless disputed and where the counsel
on sides disagree 10 the facts let the points
Of difference be settled by any Of the judges, or #
that shoud be incoarenient by master Of the court:
and le, this gcst Of the facts be enceturh with the
.ubsrquent proceedings the record 81 the cause hs
last provision in the opinion Of your committee, would
be Of great value not only the rchecring ITSELF but
in the Court of Appeas, If the should ultimately
20 20 that tribunal The record would thus be reduced
10 comparatively small compass, and both courts re-
eved from the pnnterous mass ole, ldenc" and details
frequently OF the most irrelevant ana Trashy nature
serving 10 obscure and oruraheiE, instead oil ns'ra
mr. the LEGAL questions involved, and 20 greve The sp
rii without cnlighening III" mind oi thr Judge Tie
brief records thus Obtained should moreover te printed
which could De done a; small portion 81 tue expense
n which parties arr nn subjected ior original tran
scrip,s ans! copies thereof The facilities wh.ch won!d
be afforded to tie cour, and The counsel by such print,
ed abstracts i wuuG be dii:cut 10 estimate al their
I full Yalue.
If IN. plan thus proposed should he approved, your
committee Of opn'on as at present scv'sed, that
the General Court n:i,h be abolished without derimeht
10 Tie public interest 1t is not perceived that there
would be any important advantage from retaining that
court especially when consider the onerous labors,
chiefly physical, which it throws upon the circuit
irdres The appellate criminal jurisdiction OF the
cnuT ,rh be as well performed by the intermediate
courts ana the law better settled in the last resort by
allowing on appeal in important ceses - Inc Coat Of
ApDcal- where If treated privileged cases, spcccy
determination might he had with but little interference,
"a they would be- few number with the other business
Of thai ribana! And as 10 The fiscal and proba nrs-
dcon Of the General Court, IS surre. ed there is no
good reason Why should not u tfnsirred 10 The IN
termed.,c court Tie Circuit Count thai Mould he held
in the ciY Of Richmond
\ Your committee would further recommend another
amendmen, Of our judicial syst, m, which II seems 10
them would have The effect OF relieving al! the courts
and tho people from great amount OF unnecessary
pensive and ruinons litigation. Its purpose would be TO
ensure the prompt, correct, and economical settlement
and adjustment Of the accounts of certain fiducinres
that ofexecutors, administrators guardians and
curators We know thai in some oi our sster States
they have ea called orphans courts, for the trans.
action Of such business and if properly conducted, they
must be IN the opinion OF Your conni'iec, Oh aesti-
n.able value No such tribunal have ever existed IN
Virginia. and the want Of them, oi o; some efficient
substitute has, believed, been very severely felt
Probably on sa or sves our III. s seeosn;s
Oft g ns.e as and the trust unds
confided 10 their care and management. Nearly the
whole Of such erses ou' oil the absence OF
proper experimenting ind controlling power, which
would call and compel the fducary 10 prompt and peri
odical g. ,lsncnis aud prevent the nsaprcaon Of the
funds committed their charge 10 pm- po.cs foreign from
the trust The EVIL Of most serious magnitude
and The federation Of 1t for 20 long period IS somewhat
remarkable 10 Il wealth Distinguished 70! the
iusl spirit Of her laws Every chancei lawyer knows
that in these controversies, aributoh. chiefly 10 the
delays Of executors, administrators aud guardians in the
settlement Of their accounts for ten fifteen o.
twenty and sometimes SO loae as ~ or fifty years
there is but rarely hope Of npproX imation tc
Justice and nothing certain tian that by sucl
carclessucss and Escondnc the trust estate frequent
" lost, great part OF II swallowed up III the ex
penses Of litigation, while many Of The trustees them
selves aud their innocent sufees are roged IN utter
ruin Something has been effected III relation 10 ex
ecutors and administrators by the act oi c2o, subject
inc them to deprivation of their commissions for fail
urc TO settle their accounts before commissioners every
two years; but tho Of compelling settlement
d without salt, Of Gnsurng the selecttn Of competent
and impartial commissioners and Of ascertainng the
: principles of law and equity involved in the sub
: ec, are wholly wanting. The incentive 10 pune.
tuaIty held out by the law is moreover far from being
adequate, and dm'nshes in force in proportion to the
want oil and prudence the part Of the trustee
SO that il is least eicacous where il ~ most mpof,aul
\ proposition to create distinct tribunals in The
ture Of orphans courts, would be liable 10 the obec
ton Of involving heavy expense. Such plan would
require the appointment Of great number of compe
judges, no could not be procured without ade
e qualc salaries Here agan, your committee would
therefore sugges: the cxpedency Of resorting
erials already hand: and they respectfully recon
mend the following mode of ENGRAVING orphanagc
branch upon the circuit court jurisdiction Let each
circuit court appoint master, Whose duty shall be
: to settle at short stated periods say every six 81
: twelve months, the accounts Of executors, admins