The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1873-10-30
DEFELTIVE LAWS.
mechanics decentralization OF the
COuTts-CUmmIssiOneTs in chan.

!
CouTts-COmmissio in Chan.
Gerry.
Ldltors Of the Register:
Again, desire TO call the attention
OF the Legislature 10 some OF the de-
iec,s in our laws.
Chapter IS OF the Code provides q
lien for mechanics, lsborers and others,
and gives the person having such lien
the right TO enforce the same by bill in
chancery in the circuit court OF the
county wherein the building is situate
believe it is conceded that under
existing avs, the county courts have
no jurisdiction OF this class OF cases. II
this he true, It ia comparatively easy TO
keep the mechanic or laborer rom OBJ
tanning his money when secured by
such lien, for tOo years or perhaps
more II will be remembered that the
C rcuit courts meet but twice in each
year, while the frequent recurrence o.
the terms OF the county courts afford q
speedy remedy II the mechanics lien
law be wlse one. and il experience
has proved that this class OF inyoIun-
tary liens is founded in a sound public
policy, then let i:s enforcement be
speedy.
The came doubt ss to the jurisdiction
Of the county courts, equally applIe-
IN all cases wnere mere statutory
remedy exisIs. and that statute confne'
the enforcement thereof 10 the circuit
courts But few OF these statutes have
been SO amended az TO give the county
courts Jurisdiction These statutes are
81 numerous that ! will not give them
IN dctall-the lawyers belonging 10 the
legislature will readily understand the
p int made. They will certainly moi
claim that the general language in the
&C, defining the jurisdiction Of the
county courts, gives them jurisdiction
oi the class o. cases above referred to.
Ii NAV be SAID however, that the
county courts ought not to have juris-
diCliun 10 many cases now confined TO
the circuit courts. But il the object OF
courts and law be the speedy en- orce-
meut OF rights, aud the punishment oi
wrongp then, unlSss there be some ln-
superable objection, the court which
affords the speedlest remedy ought to
have Jurisdiction. Let us have GER
taiuty, at Ieast, as to the jurIsd ction
OF county courts. 1t mas been claimed
tor the present system that II 10 better
suited to the condition and wants OF our
people than any other which has, or
can be, devised The people should
not be disappointed in their expecla-
tions because OF uncertainty in Legisis-
tion
Let me call the attention OF the Leg
i-lature 10 the effect Of chapter 65 o.
the Acts OF 1873. That act abollshes
the office o. Commissioner in ChSLcery.
1t confines the duties OF commissioner
t4erein provided Tor, to executing the
orders and DEGREES Of the court ap-
pointing them, and to stating and
settling the accounts OF fduciaries
These a-e the only duties OF the new
commissioner, the act inhibitlDg hm
from the exercise OF any other power
or authority. Section 4 OF chapter l4l
Of the Code provided tor fling lnterrog-
atories with one Of the commissioned
10 chaocery, by a j1dgmrut creditor
to bis debtor for the purp Dse OF ascertain
ing the estate Of the dybIor on which
The writ Of feri fqciGS rs lien. By
lhe Act OF 1873, rererred to, this pro-
vision OF the Code is virtually repealed,
aud q us'iul remedy loDg known 10 our
people, has been taken away.
At present We cert,iuly need but
little legislation, other Ibau 10 revise
and modify the Old ststutes 10 the new
order OF thing under the present Con-
.ututon. Those modIfcs .lous ought
10 be marurely considered, and their
scope and effect well understoOd before
passage. We have too much leglsIs-
u)n, and 100 little that 10 practical or
well understood. Let one year psIs
without g change 10 the Statute OF
Limitations s., with many Others that
undergo such frequent changes that It
Is difficult 10 know what the Law is
3.