The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-03-14

The CITY Courts.

kue shS SpNFtS'
Much cont,aricty of opinion exists upon
the question of the best judicial system for
tho city.
Upon one point, it is believed the bar
and all intelligent observers are agreed
that there should be separation of the
several Jurisdictions of common law, chan
Gerry and criminallaw, as far as practicable,
contining each court to one sort of busi-
ness.
The Constitution makes the city and
county of Henrico one (No. y circuit of
the State. Some have supposed that this
authorizes the creation of one court for both
But the Constitution says: "a circuit court
shall be held at least twice year, by the
judge of each circuit, IN eucry county and
corporation thereof, wherein circuit
court now is, or hereafter may be, estab-
lishcd.' 1t provides, further, for each
county lone attorney for the Commonwealth,
who shall also be the Commemorative at
tornev for the circuit court" These pro-
visions make a separate circuit court for
llcnrco indispensable. Whether the county
shall he separated from the city and at
laturc has the power TO do under the Con-
stitution) or the county shall be part of
the seventh circuit. and one judge hold cir
cult court for each, has excited difference
Of opinion. 1t would probably increase
the lahors Of the Judge who will hold
the city circuit; court too much to make
him hold any other court, as 1t is
supposed the city circuit court will
afford him employment enough. But it is
supposed the inclination of the county peo-
pie. which Will be consulted through their
REPRESENTATIVES, will have much influence
on this question. Whatever may be the de-
cision on it it will not affect the distrhn-
ton Of jurisdiction between the several
courts o; the city.
The number Of courts for the city COM
| menlcd by the Constitution are two-a cir
cut court and "hustings or corporation
court" to be held by the city Judge: and
us Richmond contains thirty thousand in
habitants, there may be elected an addi-
tional Judge "to hold courts Of probate
and recora separate and apart from the
corporation nr husings court" \ bill has
been rcrnrtc'l for the establishment Of such
probate court, which, it is thought, will
pass. The bar (most Of them) desire It's
passage.
There is bower in the Legislature to pro-
vide in the charter to be passed for the city
| for hy a separate lNw) charter or munich
pal court answering TO the present hustlngs
court of the city. Such court has always
existed in this and all other cities, and
is regarded ms indispensable for municipal
purposes. II has been, and will be, sup
ported ut the expense Of the city.
Pursuing the ilca Of q separation OF the
Jurisdictions, it is proposed:
|. That the circuit court shall have ey-
elusive chancery jurisdiction and the iuris-
diction the present circuit court has in
cases in which the Commonwealth Or the
heads of department III the State govern
mcnt, &C., are parties. and cases OF crimes
! by cOnvict> in the penitcutiarv.
| II. That thc huSiings or corporation
court, held by the city Judge. shall be
the common law court, which will try
al actions at law, cases Of attachment,
distress, &C., and have no criminal iuris-
dic;iQn except in cases Of arson and
crimes punishable with death, which may
come to it from al. inferior court on the
| demand Of the prisoner. answering to the
| iu' 'isAir;on "f the circuit courts III such
cases coming tro,n the "ountv court.
| Til. 10 ,il."mharrass as mach a. placti-
cable the other Jurisdictions Of criminal
| Iusiucss. and allow them to attend TO civil
cases alone, n court for the city may be
ci Gated which viii cost the State nothing,
as it will he Il municipal court (such as the
city must have, PAID by the Council Of the
city, and held by II competent lawyer. Let
the criminal cases be tried by this court.
! ,,.irh thn ,i,rltt ,f tl,n ,n.,t.nl jn. La,
county courlS) 10 demand, when ihe offence
j. arson or punishable with death. to 70 IN
the higher State court, which will ',r the
llnstin%s N corporation court held by the
judge. The Legislature has power to create
such court under the twentieth section of
the provisions for government Cf ritia,
and towns 1t would have the power il,
| the absence ct any srGnt, not being inter-
dictel hN any provision in the Cpnstitu-
,ion. This court would answer TO Tic pre-
sent hustings cout held by the Judge
which is municipal court, supported by
! the city; except that the present court has
| tiHai jurisdiction III ~ cases OF felony.
". The nature and extent oi the juriS-
liction of the probate count under tho
Constitution has heen much controvcrtcd.
The language il, TO hold courts OF pro
bate and record separate aud Apalt from
the corporation or lustings court. and per-
form such ether duties as shall lie pre-
stri''ci by law" Some suppose that under
the words "Other duties any additional
jurisdiction may he cugrnftcd on the pro-
bate jurisdiction Of this court, and it is pro,
posed by some to make the probate cont the
| chancery court of the city by others, tc
| make it the common law court-in either
view, giving the civil jurisdiction not be-
slowed on the probate court 10 one or the
| other of the two other State courts which
| shall not receive the whole criminal juris-
diction. This view rcpels the idea of vest
Ing the criminal jurisdiction i'll "A munici>
pal court; indeed, does hot include such ii
court IN the system at all. 1t vests the
whole criminal jurisdiction either in the
circuit court or that of the city Judge.
But there arc several reasons against
| this construction Of the Constitution in re-
gard to the probate court. First, the words
"other duties" used in connection with
the grant express aud dctinitc) Of probate
jurisdiction arc not appropriate to give
ether and different jurisdiction, nor to en-
large that which l. expressly given, but
seem used to express functions connected
with the exercise of the jurisdiction given !;
| rs ii the language Ind brcu - IN hold rourts