The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1882-01-05
wronos To he Corrected

dental. The object we had IN view was TO
call attention to a gricvous wrong to the
people, and il it should happen that any
particular few should be interfered with in
the consummation of a good to the many,
it should be regarded as their misfortune
and not our fault. Government was insti.
tuted for the benefit of the great body OF
the people and not for the welfare OF pre-
ferred few. and where any system OF laws
operate to the disadvantage of the many it
is the duty Of their servant, the Leglsla-
ture, 10 correct the wrongs and substitute
other enactments more in harmony with the
spirit and object of our Republican institu-
tions, We have no war 10 make against any
class OF citizens as such. But where there
are laws upon the statute book which mill
tate against the interests of the people and
their modification or repeal should operate
TO the disadvantage Of q particular class.
the welfare of the great mass OF the con-
stituent body must be eonsulted.let the hurt
fall where ii may.
We referred to the chancery practice OF
the State. and the ruinous methods it im-
poses in disposing of litigious interests
We profess to no special knowledge In this
line of service. We are not lawyers ana
fortunately have very little to do, person
aNy. with court proceedings. But 1t is well
known that the institution OF chancery
suit in the courts of this Commonwealth,
means an indefinite delay In the ADJUST
ment of the matter in controversy, and
continuous exhaustion OF the funds at issue,
TO the detriment of the interests OF debtor
and creditor. There is an almost inter-
minable list of fees TO be met-comml ssion-
er IN chancery fees. commissioner OF sale
fees. clerks fees, sherif"s fees, and other
costs. probably with which we are not
familiar, when common law process, if the
statutes were so changed as to require It,
would dispose of the whole matter with
one-fourth the expense and in all inf1niIess-
| NAL part of the time that is allowed for the
close of chancery proceedings.
The whole chancery practice, AS now
provided, should be uprooted. and sim-
! pler and more direct methods adopted for
the collection Of debts and the dispatch of
law suits. The interests of creditors and
debtors, and of community generally de-
mand it. There is no sense or Justice.
| where debt exists, that the estate out OF
which it is to be made. should be thrown
into chancerv and the creditor thus de-
prived OF his money for years, and the
debtor have his energies paralyzed. in con-
templating the gradual absorption OF his
means, by legal fees. of various kinds. The
ends OF justice as they affect the cred
itor and debtor are not reached by such
proceedings. The interests OF no party
| under the heavens are subserved except
those who figure as counsel or court agents.
This is all wrong. 1t is positive injury
to community, and an especial hardship to
the creditor whose money is thus tied up
and to the debtor whose property is appro
priated to other purposes than the payment
of his creditors.
The multiplication Of fees, too, should
be abated, ard more simple method of ef'
fecting sales. and less expensive than now
adopted The Legislature should create
the office OF Public Administrator, or Pub
lie Receiver, or whatever name the office
may be known by, for each county, such as
they have III Missouri or did have. whose
duty it should be to effect all sales under
decree OF court, at one fourth OF the cost
now imposed A Master Commissioner in
Chancery for each county, should also be
created, to whom should be referred all
chancery causes. and the fees regulated &c
as to yield a fair compensation for services
A competent master could undertake and
have completed all reports in such cases
by the aid of clerks. under his supervision
and the costs reduced far below what they
now are, in the interest OF litigants.
The Legislature now in session claims t.
be, in truth, representative OF the people
The mere claim will amount to nothing
unless there be something done to attes
the sincerity of the pretension. A thor
ough reform in the chancery practice I"
the State will be one of the facts which viii
20 far to inspire confidence, perpetuats
J
class of citizens. 1t will relieve the liti
cant class of an onerous burden, simplify
the adjustment of contested claims, proven
continuous encumbrances upon estates
promptly give the creditor his money
emancipate the debtor, and by the iastttu
ton of ready methods Of collections ant
settlements invite and encourage capita
and enterprise to come into the State.
Hundreds of thousands OF dollars coult
be saved to the people by some sucf
changes as we have Indicated. OF course
we would not pretend to give shape to any
bill that might be offered, for we do no
know that we could put it in legal form
but it would be no difficult matter to frame
proper bills, which would comprehend the
objects we have suggested. and effect the
results desired. Something of the kline
should be introduced at once and enacted
into law as soon as possible. 1t would give
assurance at home and abroad that Virgins
was abreast OF the times and in sympathy
with those States which make provisions
for the protection of creditors. as well az
debtors, and legisiate for the benefit of al
the people instead Of favored few,
No one who is solctous for the rights anf
welfare of the people and the simplficatior
Of legal methods. could object, in reason, tc
some such reforms. The common-sense oil
every man knows that great wrongs are
inflicted upon community by the system Of
laws now in force, and the common justice
OF every man recognizes the importance OF
Il change that will correct these wrongs II
is with the Legislature TO meet the require
ments OF the situation and so modify the
laws and simplify court proceedings as to
administer to the relief Of litigants by i'm
posing as little cost as possible, and insti-
tuting methods for the prompt relief o!
creditors and debtors. We have in our
| ,slind now estates which have been actually
! absorbed through the exhaustive processes
OF charqery proceedings. suspended in settle
10 ent for tep Or fifteen years. neither creditors
nor debtors having justice melted ont to them,
and only the agents OF the court, who
had no original interest in the matter, ben
| a,;ttod S,,nh oacns factify to the 0eeasCitV