The day book. [volume] (Norfolk, Va.) 1857-1867, 1866-02-19
THE COUNCILS AND THE COURT.


THE COUNCILS AND THE COURT.
We are informed that meeting of the
Councils will be held in short time, to take
action upon the bill lately passed by the Gen
eral Assembly of the State, acknowledging
the appointment of Judge for the Court of
this Corporation. The bill does not establish
a new Court. 1t merely creates an additional
magistrate for the Court which now exists,
who is to be lawyer, possessing the learning
and experience to be derived from at least five
years practice of his profession in the State.
1t distributes the juris fiction now exercised
by the Court. between the Judge and the JUS
tees Of the Peace. From the latter, as con-
stituting Court, it takes away all power and
jurisdiction, except in matters of ordinary po-
lice, and of the preliminary examination Of
persons charged with felony To the Judge
it commits jurisdiction over all civil cases.
matters at law and in chancery, and all other
civil proceedings. 1t also gives him exclu-
sive original jurisdiction over all felonies per-
petrated within the territorial limits Of the
Corporation, and appellate jurisdiction in all
cases arising under the ordinances of the city
For the trial of land decisions, controverted
cases, as well as for the rendition of iudg-
ments in suits, to which no defence is made,
the judge is authorized to hold four terms in
each year. He is further directed by the bill
to hold monthly terms for the trial of persons
accused of crime, and for the disposition Of
such ordinary current business as the probate
of wills, the qualification of executors, admin
istrators and guardians, and the settlement of
their accounts.
In stating most concisely the provisions of
the bill, we would say, that it deprives the
justices, when composing court, of all juris-
dic:ion save in the examination of felonies
which the law requires as preliminary to trial
by jury, and in matters of common police,
such as those relating to apprentices, and that
it commits to the judge all other power aud
Jurisdiction now vested by law in the Court OF
the Corporation, with the additional duty of
dealing with all cases Of alleged felony
The reasons which controlled the Legisa-
ture in the passage of this act, are not hid
under a bushel. They are as obvious as they
are satisfactory, and should be regarded as
well nigh mandatory to the Councils not to
reject scheme suggested by the General As
sembly to them, as required by the present
wants Of the city, and certainly indispensable
in the event of an increase of population and
business.
The Circuit to which this city is assigned
by the law is SO very large that its pre- ent
excellent and learned Judge finds his time al
together insufficient to dispose promptly of
all the business of his several Courts The
docket of the Circuit Court of this city is
much the largest of all his courts. The ez-
tent and character Of OUR commercial opera
tons give rise to controversies involving large
sums of money, and presenting for decision
questions of SO much difficulty and impor-
tance, as to require careful investigation and
consideration before determining the rights Of
parties under them. The terms to be held by
him for the city being but two for each year,
and not comprising time sufficient for the
transaction of all the business, very great de.
lay necessarily occurs in the decision Of these
important causes, from the precedence for
trial which the law allows to the criminal over
the civil cases. The terms are protracted by
the Judge as long as is possible without in
fringing upon those of his other courts, but
they are not long enough to enable him to gel
through The half Of his ciuH docket The con-
stitution prevented the Legislature from MAX
ing Norfolk a separate Circuit, Or from organ
izing the circuit as now arranged by law.
1t was necessary that some provision should
be made to meet our necessities-some trbu-
nal established by which civil causes could be
promptly tried, wrongs speedily redressed,
and all the legal business originating in the
varied commercial and mercantile operations
of large and rapidly growing city, despatch
ed without delay. Under the existing state
of the law, no other plan was practicable but
this; and this is suggested to the Councils for
adoption, by body earnestly striving, by
wise and judicous legislation, to make Nor
folk the Atlantic port for Virginia and the
South. Whilst the Legislature is doing much
to effect this end, private enterprise is not
idle.
Several admirable schemes are now making
through the energy of some of our intelligent
citizens which will, doubtless, secure to us a
large accession of trade, and very conside
rable increase of population. The future Of
our much loved city, is, perhaps, better I'M
derstood by the General Assembly than by