Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1850-03-05
THE RICHMOND JuDGEsuIps

lucky has been appointed Marshall of that State by Pres-
,leiI Taylor
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THE RICHMOND JuDGESTIIPS.
We have published or articles on this subject.
We We're gratfel to learn after the following article which
handed 10 usby legal friend put in type tha, the
House Delegates Saturday Unexpectedly rearta tho bill
reported by the committee and adopted Mr. Conways sub
stutc directing the election OF t,ro Judges The par
riculars of the bill will BE- given hereafter
| For the Enquirer.
The bill reported by The Special Committee on the sub
ect Of the Richmond Judicial Circuit having been made the
OF the day for day. those facts should be spread be-
fore the Legislature which should guide them in their de-
bcraons the interests OF the people OF this Commonwealth
being maniissty much deeply involved in having
vacancy in the metropolitan circuit supplied with
able and profound men than in any other in the State
That the very intelligent committee which has had this sub
cct under consideration should have reported bill which
has poorly met the expectations Of the Bar and of the
public, would show that these facts have been but little
known, very imperfecty understood The General As
seby when engaged upon by far the most important sub
ect legislation, the due administration of justice.
fail be acuaed By the very audabe design of meeting the
necessities OF the public nor TO give the subject that aen
ton and thorough examination which it requires.
II is designed 10 show that M independent Law Court ant
independent Court OF Chanccry should be permanently
established for the circuit composed OF the city OF Richmond
and county Henco; that prompt and ecien, Judge
of industry rarnns and experience should be selected
preside III each and that the abors whch each OF such
Judges would have 10 perform would fully equal ii no
caed. those of any circuit Judge in the State.
The Richmond ChancerY docket,
present January Term, 1850 is four hundred
and fifty: add those the rule and motion docket and the
number near five hundred This does include very
llrpe Of old which have been sleeping
n. rca md in which steps have been lately taken
them hearing; does il include those which
have been placed what is termed Judge Nicholas docket
causes which the late Chancellor having been engaged in
as Counsel for other reasons, unwilling 10 decide
This large nubes In part The result Of the accunuations
years ii 10 be attributed 10 the want OF Industry
former Chancelors certain i, is that Judge Robertson
has been luggard for he has bcc reducing ls docket
since he held the station.
The docket OF the Cor. Of Appeals much acgrr
when the Legislature found necessary create Special
Court annual expense Of -four thousand dollars tohept
dispose Of the old causes Surely then II might be asked
with what propriety ought the Richmond Cham
ccor bndened with other duties! il nj oil
prising that the late incumbent Judge Robertson should
nave had succumb under the weight of the Ia
imposed upon him. The study Of printed records after
elaborate oral argument md citation Of authorities,
scarcely be considered oppressive as the eShausng toll
and destruction Of oversight in pouring over inerlnabe
\ and olenimes iegibe manuscript.
But il may be contcnded that il an industrious chancellor
like Judge Robertson should probably would
in the of tme in reducing his docket TO the ordinary
number OF suits which brought TO tem ne would find
himself with little nothing 10 do. This mstaken view
arises from want Of knowledge OF the highly intricate and
important of many OF the submitted 10 the
Richmond Chancellor BESIDES this, the number oil new
suits j. itself considerable II very rarely happens that
Judge al Il distance irom metropolis has decide
of magnitude of the pending before Judge Clp
ton in which the Chesterfield Rail Road Company has en-
0ined the Danvie Company from constructing branch
which months consumed In taxing dens-
ons of the importance Of the pending some tinl"
since in the Richmond Chancery Court in which the Fred
ercksburg Company attempted 10 arrest The extension OF
| the Louisa Rail Rond from the Junction 10 Rchlhonu ts
the law stands al present. erery suit in which tho Board OF
Public Works has be made party must be brought IN
Tho tast NAMED Conr and thus controversies Of this char
act.r arising from all those works Of Internal Improvement
in which til, State has interest extending with their ram
6catons Of the State nre TO be decided by
| the Richmond Chancellor Not long since, member OF
the Richmond Bar twas employed in of these suits by
parties Nontgomer and no ongerago than Thursday as,
there petition before the Legislature of parties In the
remote county of Marion praying that suit OF theirs
against the Board Of Public Works might he transferred
from the Richmond Circuit to ;he Superior Coar Of their
own county, which was rejected.
MOI only are all controversies in which the Board Of Pub
lie Works may be concerned cognzable in the Richmond
Chanccrv Court but uso suits III which any OF the follow
ing public officers may he party defendant as representing
the Commonwealth viz: the Governor, Attorney General
Treasurer Register of the Land Oce or either Auditor or
in which the following public corporations may DC parties
defendants viz the Board OF the Literary Func or any
other public corporation composed of officers Of Govern
mcn, &c Furthermore ii is provided that II any such ss
be pending or be hereafter brought IN any ohcr Court
the SAME with all the papers, shall be removed 10 the Hen
rico Circuit Court (New Code 239 Moreover II is made
the duty of the First Adutor 20 prosecute all proceedings
proper enforce payment OF money to the GommonweaI,
which ay be and of generally VIII be- In the Cir
cuit Court of Henrico. tNew Code, p 222)
But without regarding this extraordinary jurisdiction o
The Richmond Chancellor the ordinary 10 M active
commercial comnunitv the settlement Of long part
ner-ip and other mercantile causes must neees
sariiy he tedious and Intricate Than suits IN ohe |
! cults nj,
The necessity of Independent; Chanceo! for the Rich
mond Circuit whose time and attention sal be exclusive!
giveE discharge the muarous ana important
ASSIGNED TO him. having thus, il is hoped been conclsvely
shown tho attempt will now be made 10 satisfy TIE lnas oil
the Legislature OF the equal necessily Of the permanent ex
isenc, Of Common Law Judge in the City OF Richmond,
whose labos sha!! he confined the Richmond Circht
The Hastings Court OF Richmond has concurrent nsuic-
ton with the Superior Court in all cases arising within me
Corporation limits, where the value Of he amount IN con
roycrsy exceeds fifty dollars The County Court o. Hc"rl
co hss Jurisdiction with the Hastings Court IN
all whatsGeyer and with the Superior louf MI cases
arising in the City OF Richmond and III tho County OF Hen
rico where the value OF the subject In controversy exceeds
6ty dollars Ii the docke,s of these Two Courts Tor the last
hreo period o comparative prosperity and when
much smaller number of suits brought than In preced-
ing yearsbe examined IL will ne found tna between oar
and five hundred sus heve been brought N hese
Two Courts while than on hundred ard hy a
y-ar haye been brought the Superior Court during the
.nm- period The that thee Magistrates Courts
were hus esortei TO- despita of their delays the eqnen,
difficulties Of assembling Court and the manifest inhnes,
of such tribunals for the decision Of nice and difficult qes
lions OF law was that the delays justice In the Superior
Cour were rery great still! greater than in the inferior
Courts Without intending tho slightest dsparagement tc
the late incumbent for whom the highest respect, estee
aud veneracn entertained, tie fact is menone! and
the fac NEUTRALITY-SUSPICIOUS. will invariably prefer Courts
composed OF magistrates although not bred 10 the Law
they have to encounter greater delays in the Superior
Courts; and they will invariably desert the inferior Tor the
Superior Courts when eY sand equal chance In eac oil
obtaining speedy ra 10 pla:nw think Of hezad:ng
just claim IN consisting OF Judges desate OF ira
knowledge when he could get trial before Juoge
in every way competent decide his or TO redde over
,e al and where he would be one court nearer me s"
OF the last M pacns lawyer in klchnonu aools
that IN abb" learned prompt and eneTae ase b;r has
moIoroze all The business of any Importance wlc,i us
been heretofore done III the three Courts IS
proof this only fifty Office judgments OF @
pus tho fall OF the superior Court ouoge ou.i
san made most favorable impression upon this community
az Judge and led the people 10 believe that y "ee aoous
be relieved from the intoeaoe grievance Of eness CON
! tnuon:os What was the consequence Al the opring
teun there viii be upwards OF one hundred dRa wy ne"
suits. More than this; the Bar showed disposition