Richmond daily times. [volume] (Richmond [Va.]) 1850-1853, 1851-06-27
gTATA CONVENTION,
THuRsnAY. lime asth 1881.


proved. The Committee appointed by the President
IN compliance with resolution passed Yesterday to
wait upon the President of the United States, who is
expected to visit Richmond are Messrs M Ier Faulk-
ner, Pendleton, Carter of Loudon and Watts of Nor
folk county "''' -'0'
ABOLITION OF THE COMMITTEE OF THE WHOLE
Mr.. LETcHER offered the following resolution
u, Re$olped, On Monday next the Committee of the
Whole be instructed to make final report to the Con-
ventlon, upon all questions referred to it.
to An en o BY Mr. Scot Of Caroline
| agreed to.
motion to lay the resolution upon the table was
agreed to, ayes 43, noes 80.
JUDICIARY REPORT
On motion the Convention resolved itself into Com
mntee OF the Whole upon the Judiciary Report.
Mr FULTz moved to strike from the 10Th section
winch was published yesterday the words rom the
date OF their commissions which was agreed to- thus
leaving to the Legislature the duty Of prescribing at
what 1a time The commissions Of Circuit Judges begins.
| The llth section was reported as follows ga Cir
cult Court shall be held by the Judge of each circuit at
least twice year in each county and corporation OF
such circuit wherein Circuit Court is now held, or
may hereafter by law be directed to be held. Judge
OF one circuit may hold Court in another, whether in
or out OF his district, hen required authorized by
law to do SO, and the Judges the same district may
required by law TO hold the courts of their respsc
| tive circuits alternately"
Mr.. LETcHER moved to strike out of that part Of the
section which reads: ga Judge of one circuit may
a nold IL, circuit &c." the word may, and to insert
"shall'-so to make it an imperative requirement
upon the Judge to hold court in another circuit 1t
was disagreed to.
Mr. STUART, of Patrick, moved to strike out the en-
ure ilth seatlon twas, in his opinion matter for
legislative action, and by the Legislature he wished
| to be controlled.
The question being put, the motion was disagreed to-
WI. STUART, OF Patrick, also moved to strike from
e report 10 that part which reads and the Judges in
me same district may, &C." the word District and
TO insert the y ord Section" Rejected.
~ Mr. RIDLEY moved to strike out the latter part of
tne section commencing "and the Judges in the same
| ulstrlct, &C., which not agreed to,
iIr. FUITz offered the following as distinct Sec
TO ton to follow the 9TH he Legislature shall provide
one one OF the circuit Judges, when from any cause the
Judge OF that circuit shall fail to attend or if in atten-
dance cannot properly proceed"
Inc committee refused to incorporate the amend.
| rnent with the report OF the committee.
| Mr. BYRD moved to strike out the 18th section,
oown to "a Judge OF one circuit may hold &C." which
| was disagreed to.
DISTRICT COURTS.
NO 1urther amendments being proposed to the 18th
secton, the committee proceeded to consider section
! I'm, which is as follows:
18TH A District Court shall be held at least once in
every year, in each OF the said districts by the Judges
OF the circuits composing the district and the Judge OF
he supreme Court OF Appeals, who may reside in the
section OF which said district forms part any two of
whom may hold court. But instead of Judge of
the Supreme Court of Appeals resdingin such section
Judge OF the Supreme Court Of Appeals residing in
an ADJOINING section may sit in the said district court
whenever required authorized by law do SO; and
the circuit Judges fone district or either of Them may
be authotzed or required by law to sit in the district
court OF another district in the same section or TO al
ernae with the circuit judges that district OF eth
er OF them, in holding such district court"
MIR; LEroHER proposed to add after the words "any
Provided that no Judge shall sit on or decide upon
any appeal taken from his decision" The |
amendment was occurred in, ayes SO, noes 49,
Mf; CHAMBLIss moved to strike out the word "ds- |
trcts IN that part OF the section which reads "by the
ludgeso the circuits composing the district &c. and
to insert the word section" which was agreed to-
e. motion was made to insert "three,' in lieu of
two IN that portion OF the section which reads "any
two whom may hold court" which agreed to- |
Mr. CARLILE moved to strike out the 18th section
and insert In lieu thereof the following:
district court shall be holden at least once in eve
ry year, by the Judges assigned to the circuits compo
sing the same one OF the judges of the Supreme Court
ol Appeals, any two OF whom may hold court, shall
have appellate jurisdiction in civil cases over ali mat
ters Hnally decided by the circuit courts within their
respective districts"
The committee refused a division being dem anded
TO strike out section II with view Of inserting Mr.. |
Cariles substitute.
A motion was made by Mr.. JANNEY to strike out all |
ofthe 18th section after the words authorized by law
DO So" commencing "and the Circuit Judges" &c,
which was agreed.
The 18th section was next taken up for consdera- |
ton, which reads: The District Courts shall have no |
original Jurlsdction except in of habeas corpus
and mandamus, and in such chancery cases as NAV be
removed to them from Circuit Court by consent of
parties.
Mr. HALL moved to strike out all of the section after
tO,I
ayes SIS, noes 81.
Mr. FULTz moved to insert after the words the Dis.
tric Courts shall have" the words appellate lurisdic-
ton all decided by Circuit Courts where the
amount in controversy shall exceed $780, but shall
have
The amendment was disagreed to-
Mr. SHEFFEy moved TO insert after the word Eek
cept'' the following
"Ihat the General Assembly may confer such iuris-
dictlon said courts, in OF habeas corpus and
mandamus, and in such chancery cases may be re-
tn Thor from, oiro h,z
ties after the record shall have been made up and ready
for trial"
The amendment disagreed to.
GENERAL PROVISIONS
The 18th section next considered. 1t is as fol-
lows:
"The said Judges shall be commissioned by the Co.
vernon and shall receive fixed and adequate salaries
which shall not be diminished during their continuance
in office. The annual salary OF Judge of the Court of
Appeals shall not be less than three thousand dollars;
and Of Judge OF the rcu Court not less than Two
thousand dollars beside reasonable allowance to each
Tor necessary travel"
Mr. CHAMBLIss moved to insert after $4,000" $500"
which amendment was rejected-ayes r. noes H.
Mr. Brown moved to strike out after curing their |
continuance in Office which would leave the fixing of
the salaries of the Judges to The Legis AZURE.
80 The Committee refused to strike out. Ayes 49, noes
Mr.. LYNCH moved to strike out 10000" and to insert
"2750." Disagreed to.
"l50O"
The Committee refused to strike out: Ayes II, noes
IA.
Mr.. LEToHER moved to strike out the words mot
less than, which the Committee refused to do AYES
10, noes g.
Mr.. LETcHER offered the following amendment, which
he afterwards, however, withdrew provided no menu
Der OF the Convention shall be eligible TO the office of
Judge Tor years after the adoption of this Constitu-
on."
On motion the Committee rose.
Mr.. ANDERsoN--the Chairman of the COMMITTEES on |
Apportionen being absen--sated in reply to an intel
rogatory OF Mr.. BRowN. that the Committee would be
ready to report about the latter part of next week.
The Committee had been divided into Two sub. COM |
mlttees, one composed of Eastern, and the other of
beer again sub. divided into Valley and Trans A egha-
ny Committees. He said the Valley Committee had |
been ready to report for 10 days. but owing TO the alb
sence of some members of the Committee, who were |
expected next week, The report could not be made
On motion the Conyaniion Adjourned