Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1851-06-30

proceed"
The committee refused to Incorporate
the amendment with the report ofthe com.
mitfee. aN
Nr. Byrd moved to strike out the 18th
section, down TO "ajudgc Of one circuit
may hold, &c."which was disagreed TO.
DISTRICT COURTS
No further amendments being proposed
TO the 18th section, the committee proceed
ed to consider section 18th, which is as fol-
lows:
18th. 4 District Court shall be held at
least once in every yearin each of the said
districts, by the Judges Of the circuits com
posing the district. and the Judge of,he
Supreme Court of Appeals. who may re-
side in the section Of which said district
forms a part; any two of whom may hold
court But instead of Judge of the
Supreme Court Of Appeals residing in such
section, aJudgc Of the Supreme Court Of
Appeals residing in an adjoining section
may sit in the said district court whenever
required or authorized by law to do so;
and the circnit Judges Of one district. or
either of them, may be authorized or re-
quired by law to sit in the district court of
another district in the same section, or to
alternste with the circuit judges of that
district, or either of them, in holding such
district court"
Mr.. fletcher proposed to add after the
words "any two of whom may hold a
court" the following proyiso, Provided
that no Judge shall sit on or decide upon
any appeal taken from his own decision"
The amendmendment was concurred in,
ayes 3S, noes go.
Mr.. Claiborne moved to strike out the
word districts" in that part of the section
which reads, by the judges of the circnits
composing the district" &c, and TO insert
the word section" which was agreed TO-
a motionwas made to insert "ihree," in
lieu Of "two," in that portion of the section
which reads, "any two Of whom may hold
court" which was agreed to.
Mr.. Garlic moved to strike out the 18th
section and to insert in lieu thereof the fol-
lowing:
ga district court shall be holden at least
once in every year, by thejudges assigned
70 the circuits composing the same, one of
| the judges of the Supreme Court of APP
peals, any two of whom may hold court,
shall have appellate jurisdiction in civil
cases over ali matters finally decided by
the circuit courts within their respective
districts"
The committee refused, division being
demanded, to strike ont section IL with a
view OF inserting Mr.. Carlile's substitute
A motion was made by Mr.. Janney to
strike out all ofthc 18th section after the
words authorized by law to do So" com
mencing "and the Circuit Judges" &C.,
which was agreed.
| The 18th .ection was next taken up for
consideration, which reads: The District
/ Corrts shall have no original jurisdiction,
EXCEPT N cases of habeas corpus and man
damus, and in such chancery cases as may
be removed to them from Circuit Court
by consent Of parties.
Mr.. Hall moved to strike out all Of the
SECTION after the word "manlamus," " hch
motion was agreed to. ayes SIS, ..oes 81.
Mr.. Fui.zmovcd to insert after the words
ethc District Courts shall have" the wos,-ts,
appellate jurisdiction in all cases decided
by Circuit Courts where the amount in
controversy shall not exceed $500, bit
shallhave'
The amendment was disa greed to-
M. Shelley moved to i,isert alter the
word "except" the following
THAT the General Assemble rlav con-
fer such jurisdiction on said courts, in cases
OF i.aHeas corpus and mandamus, and III
such chancery cases as may be removed
10 them from circuit court by consent Of
parties, after the record shall have tcen
made up and ready for triai."
The amendment was agreed to.
GENERAL PROVISIONS
The 14th section was next considered.
1t is as follows:
"The said Judges shall be commission
ed by the Governor, and shall receive fix
ed and adequate salaries, which shall not
be diminished during their Continuance IN
Office. The annual salary ola Judge 2fthc
Circuit Court, shall ben less than $1,000.
beside a reasonable allowance TO each for
necessary travel"
Mr.. Chambiss moved 10 insert after
10000" $780," which amendment was re-
jeoted--aycs IL, noes II.
Mr. Brown moved to strike out after
t'during their continuance in Office" which
would leave the fixing ofthc salaries ofthe
Judges to the Legislature.
The Committee refused to strike OUT
Ayes 20, noes 63.
Mr.. Lynch moved to strike out "3e0O"
and to insert 1850" Disagreed to.
Mr.. Miller moved to strike out 10000"
and to insert $780,"
The COMMITTEES refused to Erikc out
Ayes II, noes "a.
words ''not less than" which the Commit
tee refused to do. Ayes 10, noes 6S.
Mr.. Letcheroferedth the following amend
mcnt, which he afterwards, howcver,witL-
drew: provided no member of the Con
vention shall be eligible to the office Of
Judge for 5 years after the adoption Of this
Constitution"
On motion the Committee rose.
Mr. Anderson-The Chairman of the
Committee on Apportionment being alb
sent-stated in reply to an interrogatory
of Mr.. Brown, that the Committee would
be ready to report about the latter part of
next week. The Committechad been divi
dedinto two subcommittee, one composed
of Eastern, and the other Of Western mem
bers, and the Western Committee had been
again sub divided into Valley and Trans
Allegheny Committee. He said the Val
ley Committee had been ready to report
for ten days, but owing to the absence of
soremembers ofthe co nmittee, who were
expected next week, the report could not
be made.
On motion, the Convention adjourned.
RuffSn's Love Of Fame and Maj
yefe.
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