Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-01-10
ALGERNON SYDNEY.
FIR lLs E1n,,;

For Tie Enquirer.
Every body is sensible of the evil Of delay in
the administration OF Justice in this Stale, and es-
pecially of the fact, that the Court OF Appeals is
So overwhelmed with business, that all appeal
cannot ordinarily be expected 10 be decided under
seven years. The temptation which this affords to
parties against whom there are many claims, TO
get appeals from Judgments or DEGREES in cases
where there is no real cause OF complaint, merely
for The purpose Of delay is obvious. II is there
fore, the constant aim OF parties situated 10 put
numerous questions Of law on the record; whe
Their there is any real foundation for Them in the
facts OF the case or not. The object OF this is 10
raise doubt on some such abstract question suili-
cient 10 get an appeal And thus every body az
quaintel with the Mciics of the bar sees how the
supposed or real facility OF the Court in granting
appeals where the record is large and the ques
tons numerous, is played on by multiplying
questions of law and questions vi evidence, no
matter how imInaterial 10 the real mcrls-on the
same principle that skillul sportsman acts in
loading his gun with the smallest possible shot,
so as TO increase the chances 10y their number Of
killing The game.
This source of delay and injustice admits of
an easy remedy. 1t is, 10 fsrire The iar wiich I'M
poscd Ten per cent damagss III all such cases where
The Judgment or decree is affirmed. This would
make parties and their counsel more cautious in
making questions merely 10 get an appeal-ought
10 make the Court more vigilant in examining
applications for an appcal-and would certainly
mitigate the evil and injustice 10 plaintiffs who,
after being delayed for years in establishing their
demands in the inferior Counts find themselves
arrested in the Court OF Appeals for seven years
longer, with no compensation for the additional
expense, delay and injustice. The appellant on
the other hand, whether he succeeds or not in re-
vcrsng the judgment, succeeds in what is equiva-
lent 10 4 great loss To The other party, and great
advantage 10 himself, viz: a certain and forced
credit Of seven years.
Instances might be ciled in which parties ha-
wing just claims, and which they and their
counsel were confident OF ultimately establishing
in full, giving up third or even a half OF their
demand rather than submit 10 The enormous
wrong of the claws delay" in the Court Of Ap-
pcalS Perhaps pressed by their own debts, 10
pay which, their property would be sacrificed,
they find il better 10 make a sacrifice Of one half
their claim than 90 into The hands Of an usnrer,
not more oppressive 10 them Than The laws in
reference 10 prevent them from recovering what
Is Justly due
The leu per ceaj law, while il was in force,
worked well; its repeal has been followed By the
disastrous condition Tin part owing 10 that rcpea)
which every body admits and wishes 10 remedy.
Lei this law be revived, il will do more 10 relieve
the Court Of Appeals and 10 remedy the evil, than
all The linkering and peddling projects for making
more CouIls and more Judges. We have too
many judges already. Reduce their number,
Judges uf the General Cout mean) at least one
third; pay those that remain one third more, in
Guiding The Judges OF Appeals, and require them
10 work one third harder-esabsh good jury
system, and revive The law for ten per cent. ia
IMAGES, aud in few years The State will be res
cucd from The reproach which is now heard 50
frequently and with 81 much truth, that the ad-
minislration OF justice here is q mere mockery-
But whether the other reforms are made or not,
the revival OF The law imposing ten per cent da-
images in case Of aflirmance will do much good.
This rule prevails in injunction cases-Why
should il not prevail in cases OF appeall They arc
nothing but iajunetions against the enforcing OF
Judgments, and worse, Tor there is not even 4
chance OF getting dissolution OF the injunction
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