Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1844-12-31

The several counties the Commonwealth At
torneys receive salary Gncluding the salary
in the County and Superior Couns) which
suppose will average two hundred and fifty COL
lars per annum, the fees OF the Commissioners
in The Superior Courts, in business OF that char
acler transacted in The "Orphan's Courts" which
it is. as will be observed, proposed 10 transfer
TO the County Quarterly Couiis, and The fees Of
Commissioners in the County Courts al present,
together with the fees derived from the strict set
Element Of accounts proposed, Will amount
on an average 10 one hundred and fifty dollars per
annum, making together the sum Of four hundred
dollars in each county in the State which can be
looked TO as fund already existing 10 be applied
10 our purposes. Iii believed, that this estimate
is rather within, than above the mark, averaging
the whole Stale but ii may be, that in some OF
the smaller Eastern counties difficulty would
arise. from the fact that the sources which in the
larger counties would supply these funds, would
in these smaller counties be found insufficient
II is, however more than probable, that by pro
per combination and arrangement OF the smaller
counties with their larger neishbors, the average
sum above mentioned would be obtained. These
sums combined from three counties would make
the sum Of twelve hundred dollars per annum,
which we would attach as the salary and perqui-
site. of the officer to be called the presiding JUS
t,ici" would be composed OF three adjoining coun-
ties. in which he would be called on TO discharge
his duties.
Having thus more particularly called your at
tention to The sources from which the means for
accomplishing the object proposed are 10 be drawn,
| proceed, as briefly as can, TO sketch out The
scheme:
1t is proposed
l. That there shall be in each of the several
County Courts OF this Commonwealth, as al
present constituted an officer, whose duty it shall
be TO preside over the said Courts at their quar-
terly sessions with an equal voice in the decision
Of all questions before such Court, and a casting
voice in cases Of an equal division in the Court,
and 10 be called the presiding Justice"
H. That the said officer shall preside in all the
quarterly sessions Of the County Courts, held in
the three counties composing the "'division" for
which he shall be appointed as is hereinafter di-
rected.
iii. That each division" shall consist of three
adjoining counties
w. The 'Presidng Justice" for each division"
shall he appointed bv the Governor, by and with
the advice Of the Council of State, from the
names of such persons as shall be recommended
BY the several County Courts OF Mc three counties
composing the division" in the same manner as
Justices are now appointed and shall hold his Of
fee during good behavior
" Tha, the monthly terms Of each County
Court shall have The sole jurisdiction in criminal
matters 10 the exclusion OF the quarterly ses-
sons,) now entertained by the County Courts,
and the presiding Justice shall ex oflco act as
Attorney for the Commonwealth in all criminal
matters before such monthly terms, as well as in
the Superior Courts in the several counties COM
posing his "division."
VI That the "Presiding Justice" shall receive
as his salary for the discharge of his duties as
"Presiding Justice" inthe quarterly sessions, and
the Commonwealth Attorney at the monthly
terms and in The Superior Courts, the sums now
paid by the respective County and Superior
Courts 10 the Commonwealth Attorneys now
prosecuting in said Courts, and that sum shall
not be cssened during the continuance in office
Of any presiding Justice"
VII The quarterly sessions Of the County
Courts, shall have the sole original jurisdiction
(excepl in the case hereinafter provided,) in The
probat OF wills, the appointment, superintendent
and control of all Trustees Guardians, Admin
isrators, Executors, and Committees, the division
Of property, and the care Of the estates and per-
sons OF Infants and it shall be their dry annu-
ally at least, 10 make an order 10 cause settle
men,s 10 be made of the accounts OF all Trustees,
Guardians. Administrators, and Committees; and
in case of failure TO make such settlements in
every case 10 enforce forfeiture of commissions
and 10 infiict fine not less than 5 -, for con-
tempt in such failure.
VIII The presiding Justice" shall give no.
,ice OF the time and place in each county, annu-
ally or ofiener, if SO directed by the Quarterly
Session. when and where he will attend 10 settle
the accounts of all trustees, guardians, executors,
administrators and committees and shall receive
for such settlements, the fees now allowed 10 com
missioners FOR such duties in the Superior and
County Courts.
TX. If any person shall die, testate, and more
than six weeks intervene between the period OF
his death and meeting Of term OF the Quar-
terly Sessions then il shall be lawful upon appl-
cation being made, and due notice given, for the
"Presiding Justice" TO summon the parties inter-
csted before him, in the county where the testaor
died, and admit or reject such will offered before
him for record subject 10 an appeal TO The Quar-
,orly Sessions. A nT !.