Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-07-27


The subject was then ,iroppens an N '' ,hc Cude
proceeded 10 consider The an 81, ar ,as County
commencing with chapl1, io'
enl C.rpo,cti0n Courts. era Inc Is, section
MI = reonire county court TO De neia ~, ~
SO a. ~ ;usices instead Of by Mrfe as ~ M
~, q NJ Il saw no reason fur this chahse -
the i law, COOK and pERRoW opposed me ne
5r,e,, IS there were many cases IN "n'eh
!. ,na. irccnyenent 10 have more man '''ee
justices .a tho amendment, and
.;,.d The acts passed by the House last @,n.ei
md The session before, authorizing lhfee J.."..
20 hnld court. Mr.. P. gave TURNER isasons
among them The Inconvenience o. a''N
court. ,h,se ;us,ices too
few. and he saw no reason lo' ~. nnrhcr
Moreover. il was better 10 have lateel uuno.
~ h,vs different portions Of county repfeseh CO.
:" NJ MONcIJRE Of 5 had tell The inconvehi'
- ,eo.;rino four justices 10 make Couit,
TN neon,s we're interested in having Courts helo
-. re discba,oe OF their business. In imporlan,,
~ i WAS provided that FIVE justices shou.u
oas hn, in ordinary cases. three were sufncieh''
and wopl1 be much more convenient.
"nN M STRoTaER said il we tx the NUMBER
,hraa :; ui,l hc as iacoEvenicnl 10 gel them to-
oc.her as tour Mr. S. suggested an anne alhtn.
which he should offer, for having only Two scum
annual County Courts Tor The lrIal OF law c&ses
The justices 10 be paid 81 per day tor tavern :"
pe M cIAIBORNE said the justices were ihe
hoe, led and clothed Individuals IN me Staie, diu
:, ,ras verv difficult 10 gel them 10 Try warfah'
vet ,hpy otlen receive valuable compensa',n,u
foI re sberifal,y-($2, 0G0 in his county, lac
was therefore, opposed TO giving them any pay
Nh r. sustained the provision in The Code, nxiIs
,be umber OF Jus ices al three, on several erouhus
| He hoped 10 see Virginia relieved from me our
hon ri The Ccunly Cour system, as ne dout'eo
| whether any man, unless Instructed IN law, We
oualGed 10 decide upon questions OF law. WI
{, prolesled against The argument 50 oi'eh "u
dnced here. that We should make no chanee ~
onr system. According 10 This argument We
should have the fail instead OF tne 'nfeShns M
chiLe, and would be deprived oil me iulincnse az
yanages OF lightning, as common cdia.., :
M HART said lal the gentleman, instead
Giving one reason Tor the proposed change, nag
,arncbed forth into a sweeping assault on INT
@onn,v CouI; s;s,em. Mr. FL said ne would o'
| nrsna,.d al any time 10 compare Inc County
| Eonrts with other judicial tribunals,
a verv socd.humured and spicy funnlng-hfs
hon occnrred between Messrs. HART ant
cIAiRORNE, embracing the Cholera exci!c
MON, ,be respec,ive viii and luminousnees OF I'M
TWO members, &C., &c. Several good lnlhs
were said, and grea, annsemen! aud me1rimeh
excited.
MIR Harris amendment was then lost.
Mr. WILLS moved 10 amend lie u seel,on
40 as to have no monthly Cour's 10 DecemeeI
January, April and September. Inc TWO me
months were incemcnt, in April the eleclioh
/ -
busy.
Lest by large maj nrily.
| Mr. WILLS moved 10 strike out The clause ~
,horz;ne County Courts 10 change The day Io 10,
the commencement Of their terms. Mr "
though, The movement for these changes snoui
come from the people through The l. gisla'uit
and mol from The Courts.
Mr. SMITH oppos; The motion, as lh's yer
sptisc, is most fruitful source OF le9isla,io
nv me General Assembly. He did moi seek !
civs Undue power 10 the County Couris, buI D
did not think there was any danger OF ines
Couris abusing this power, especially as me jus
tees live al some distance apart Moreover,
The Legislature, the whole suolecl was icdily 'e
10 the member irem each county.
Mr. PERROW thought This provision mief
no . surprise on suilors and people, in not CIV
ing them sufficient notice.
Mir WILLS urged the impolicy ana picoao
inconvenience OF giving this power 20 the Cooi
t1 Courts or 10 The CircniI Courts, as PROVIDED
The next chapter.
Mr.. PRICE was mos: decidedly opposed
Giving The power 10 the Circuit Courts, as "
michi mol have court al all He was oppose
10 leaving So wide a discretion 10 one man. II
was also opposed 10 giving The power 10 Tue Cou
~ Courts.
reason Tor giving this power 10 lie County COul
than 10 the CIcui, Conis. He explained 10
ore chief reason for giving The power 10 me 10
mer. was 10 save vasl deal CT Legislation, wht
is very often made &c po'se ana al Inc nes. SC
sion he &C. making The change is repealed
hal ground Mr. A. argued Ia. !he su G9Pp99SX, You
Inc Cour, do wrong the Legislature can Tepc
The law. Moreover The Clerk of The House
Delegates is required to publi.ha lis! OF the lin
when The new lcrns commence, SO as 10 give u
lice TO the people.
Mr.. PERRuW further sustained the moiio
Mr.. HOWARD OF 10y wished 10 record h
vote Tor striking out the proposition, and ask
The ayes and noes.
RIVES was in favor Of The change and ga
his reasons. There will mol then BE- so much I;
city as there now is before The Legislature, +
members OF the bar 10 effect a change in The tern
OF Inc Court. MIR. K. said the changes are ollie
made against the wishes OF The people OF cou
". The proposition was wise one.
BASEL confirmed The views OF MIR Rive
citing facts from his own County. He shou
cheeruIly vo;e ;cr the proposition.
MIR. WATSON cited case OF change
ccurls in Nelson, &c, in confirmation OF The san
view. The convenience OF the people would
better subseryed.
Mr. WILLS motion 10 slIikc out was TeIe
ted; ayes Al noes az.
| Mr. MONCURE, of 8, moved 10 amend Il
Sd section, so as 10 exccp from The jurisdiction
the County CouIt,, lice negroes charged with J
lonisrs" homicide, &c. Carried.
Mr.. PRICE moved 10 amend the b secio
50 rs 10 regaire indictments, pfesenments, al
in.urmatOLs, 10 be equitable al the qua tsr
terms, instead II both The monlily and quauer
Terms. as is allowed in Inc Code. In The We
il is very ilconvcn:eul tur States Attorneys, 7
siding ort OF The county, 10 a,end Inc month
| courts.
Mr.. MoNCURE, Of S, thought ii better
attain uniformity, 10 allow The County Cour
in every county 10 arrange their business, accor
Ing to their convenience-and to hive these PIE;
OF the Commonwealth tried al quarterly
monthly term, as any Courl may deem il mo
cSp,dien'.
Mr.. WILLS took a similar view.
!
!anl discretion 10 The County Courts, il would
a mgckcry Of ra, Oh account OF the aIblir;
ry power they may exercise 81 adjcurning ca:
10 one OF the other, the monthly or The quarter
leIui
Mr.. MONCURE, in reply, argued that Ii
Court could prescribe rules, and arrange its bus
aeSs, ia strict consistency wih justice.
Mr.. PRICES motion was put TO The Hous
and the vote stood, IL 10 43-lno quorum PR
sen.
Mr.. PRICE then mcved TO withdraw his me
.ioE; Nj. FAULKNER objected, aud Mr.. La
CY asked the ayes aud Noes on the motion |
withdraw.
Mr.. LACY sustaoed tic leave 10 Withdraw
SO as 10 allow Mr. L. 10 ofar the piorosi'io
again hereafter, II he should think proper lib
language would admit OF different construc!io
nom that put on il by Mr.. Moncure.
The House, IL 10 20, gave leave Tor the with
draWa OF The amendment.
Chapter I5S OF the Circuit Courts.
Mr.. WILLS moved 10 amend the Ain section
by striking out The clause authorizing CFcu
Couu 10 change The day for the commencement
| ~ &c rcoul,r terms AGREED TO-