Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1846-04-03
SUGGESTED CHANGES IN THE JCRIsPRU-
nENCE OT VIRGINIA.


Divide The Slate into five districts, having four
circui in each.
Select in each Jis,r:c: same point, which shall
be Tic nteleciac! centre, aud, as near as MAJ lie,
&c Gseg3apijcQiccnlre thereof
Al this poin, LEI there bs Court, 10 he called
The CoD,t in Bank, consisting oi The four Judges
ot The District, holding two sessions annually in
midsummer AID inid-win,er, 50 IS 10 leave lhe
more agreeable easJns OF The year for ilHeranl
duties.
LIE, all writs 10 every part Of The district issue
from This Court, and be le!urnable ihere,o-hank
wsi's being deposited - all times il sufficient
nCm5er with Inc Clerks of Inc several Counties.
Let il be the business Of this Court in the first
instance, &c snperiniend The pleadirgs up 10 a
judgment By default, OF non pros, disconllnuance
Of ct7ayi!, Or BY confession, u 10 an issue Of Fact
or Law.
II lie ricadngs terminate in an issue OF fact
let rdl be made containing transcript OF the
pieadings and issue, and sent, al the end Of The
term. 10 The proper county for trial.
L! the pleading terminate in an issue OF Las,
Jet he Conf try it, and give Judgment according
II. uT il leave he given 10 amend let the case be
returned 10 The rules, 10 te further proceeded in as
before.
II The rleadrss terminate in any Of the other
ways above mentioned, lei judgment accordingly
lie entered q; he otfcc, 10 have all the effect OF
final judgment, from and alter some certain day
OF The next term, but liable TO be set aside on or
before hat CAV for cause shown although regular
" entered, and 10 be set aside atany time Tor irye-
gpl1:7iy
When The issues Of fact a'c distributed 10 the
proper counlie., lei the Judges separate, and each
v,it lie counties Of his own circuit as now.
lie, il be the business q The judges q their Cir
cuits 70 Try these ssues by jures IuY inpanellsd.
T.. I,.,. ,k..Ma l.,., IL IpI,, .l
The Judge 10 decide all points Of law arising
thereon, IS is now donc, admitting or excluding
'es:mony, and giving or denying instruction as 10
him may seem lawful.
Lei il be The duty Of The Judge, Al The rcqres Q!
either party, 10 make a memorandum On his Td;es
oil thc Trial Of every such decision Il, NAV be OBJ
jecci 10 10 lie laid with the verdict before the
Ccnrt in Bank.
AT The next session OF the Court in Bank, lei
ail The vencts which have been so rendered, and
all non. suits hich have been suffered be !eiuned
20 il; the resnit Of Inc trial being written al The
end oi The roll aforesaid, witch is 10 be returned
10 the Court.
On receiving such returns, Lei Judgment Eaal
T. entered in Ike office, in idvof Of the parry or
whom the verdict is found, On some certain Iay
I'll ,ne term. unless hetjfc that time notice b"
eivca, rs Inc Loir or Ceuyi (Which max be tie
better rlaa) may direct, lnal motion will be
made fer a rule 10 snow cause why new trial
should not he granted, or judgment arrested, or
rc-plcader awarded, or judam-ntnon o5sianh rere-
dt.ia, or a non-suit entered il place OF judgment
on he verdict or indgmer, tor Inc plaintiff, As
il On a verdict in bis favor in place ola non.su,l.
LII appeals and wis of error ftoil lae Court
in 5auk 10 The Cou7, oi Appeals be as they now
are from the Circui, Couns.
Let ,e 10 he choice Of The parry 0bjec;iDg 10
any decision Of The Judge Upon his Circuit, 10 re-
..r The question 10 The Court in Bank, or 20 The
CourI Of Appeals, and let such option BIZ made al
the dine OF III trial in this way. Ii he wishes 10
take ne case 10 he Cou:, Of Appeals. LEI him file
hii ri exceptions which becomes part o the
record. Ii not, thin. have The poin! reserved on
he Judges notes. which are no part OF the re-
co;d bu will be duly considered by The Court IN
Bank. In this way, he pressure oil business on
The CCurl oi Appeals will be Somewhat taken OF.
The Cour in Bank indeed, suPposins lie Judges
competent. as, under This system. they would soon
be, would afford all the benefit OF an appeal, With
out the expense OF delay.
Let all executions be re,nrnahe before lne
Cou. in Bank or the Judge on his Circuit. lin
the latter case any question arises OF The legality
ofthe execution let the point he reserved IN Inc
Judges notes, if reqnired by either party. II not
required, or no such question is raised. lei the
money be paid over hui let ih- execution &c then
forwarded 10 the Court in Bark.
This is the English system, stripped OF is cum
hrous and expensive technicaliies. Fire hum
dred years have prCred lis efficacy. The Court
in Bank would he Westminster Hall in mnia-
,ure, ana a school Of Law. The seat Of the Court
would be nursery OF lawyers. The junior law
vers. and mere men OF business. would prepare
cases FOR trial in the country, and aid in The con-
duct of Them before the Judge.
The business would be well done, the pleadings
being prepared at perfect leisure, and all demnrrers
Decided by four Judges, aided by able counsel.
surrounded BY books, and not hurried b. witness
es and iures. Points reserved Al The Trial would
he decided with the same lights and The same de-
liberation and The delays which impede all i'm
pc.tant causes, arising from issues unskiully
made and trials loosely conducted, would be
avoided. The same men who now preside in
our Courts wouli discharge their duties much
more satisfactorily TO themselves and The country;
and in ten years his system would fill the bench
with men every way worihy OF the station.
will only add that the duties Of the Judge on
his Circuit, would be 50 much sim?ided and cur.
tailed, ina, the du.y in Bank would &c no addi-
ton 10 his present abors. but substitute Tor
the most difficult and painful part OF them. II
Chancery Court were made TO hold perpetual ses.
sion al The place OF the Court in Bank, it would
complete The sys,en.