Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-10-27
NEW TRIBUNAL PROPOSED FOR THE
CITY OF RICHMOND.
The Bill as Recommended by the Judiciary
Committee Of the Bar Associa-
tion, &o &C., &c.


may be acted upon by the General Assem-
bty:
A BiH TO Establish the Court Of Equity of
the City of Richmond, Defining is JuriS-
dictiOn, and Relating 10 the Courts Of The
said city.
Whereas II IS necessary for the admins.
iration OF Justice 10 establish m additional
court for the city Of Richmond: therefore,
I. BE IL enacted bg The General assembly
of Virginia, That there shall be established
| for the city OF Richmond q court to be
| ciIed the Court OF Equity OF the City OF
| Richmond, TO be held by judge with like
| qualifications Of judges OF the Circuit
court, who shall be chosen by the joint
| vote Of the two houses OF the General AS.
| Sombly, and shall hold his Office for term
| Of six years.
.. The said Court Of Equity shall, within
| the corporate limits OF the said city. have
| concurrent original jurisdiction with the
| Cbancery Court OF the city Of Richmond,
| to hear and determine all suits and pro.
| ceedines in cbancery; and all statutes now
| ih force, or which may be hereafter enact
cd, dovoving any duty or conferring any
| power or jurisdiction upon the Circuit
| Courts Of this Commonwealth, or the
| Judges thereof respectively, shall be con-
| strued as embracing the Court OF Equity OF
the city Of Richmond, and the judge there
Of respectively, except as to matters OF
| common law and criminal jurisdiction;
| and provided always that the said Court OF
| Equity shall not have jurisdiction in re-
| speCt to the probate and recordation OF
| wills, the appointment and qualification OF
| guardians, cuTators, committees, and per-
| sGnal representatives, eI pdrte settlement
| Of accounts, the dOcketing of judgments,
| and the recordatIon IN the mode prescribed
| by law Of deeds and other papers required
by law 10 be recorded. And the said
court Of Equity. and the judge thereof re-
! spectiycly, shall have the same power aS a
| circuit court, or a circuit-cOurt judge, TO
| admit to bail, award writs Of habedS cor.
| puS, quo lcdrrdnt0, mandamus, aud pro-
| hihtion.
g. The said Court Of Equity shall hold
| four terms in each year, beginning on the
second Monday in February, May, Sepiem-
her, and December, and continuing so long
as the business before the court m3y re-
quirc: provided that the first term OF the
said Court Of Equity shall begin on the
.ocOnd Monday after this act takes effect.
| T. The Sheriff OF the city OF Richmond
shall attend the said Court OF Equity, do
md perform the duties, have and exercise
4
| be liable TO the penalties Of sheriff in rela-
tion to the Circuit Court. The clerk Of the
Chancery Court OF the city OF Richmond
hall be clerk Of the said Court OF Equity,
and he shall perform similar duties, receive
The same compensation, and be liable to
The same penalties as Il clerk OF circuit
court. and bc governed by the same gen
eIal laws. but the books, papers, and re-
cords Of said Court OF Equity shall be kept
bv said clerk separate from those OF siii
hancorv Court. The rules in the clerks
Office OF The said Court Of Equity shall be
held IN the same manner that the rules in
"A circuit court are or may hereafter be held; f;
and appeals and writs OF SupcrSededS from
and 10 orders. DEGREES, and judgments OF
the said Court OF Equity shall be taken and
allowed, as IL they were from and to those
If a circuit court, or circuit judge.
:. The salary OF the Judge OF said Court
Il Equity shall be the same rs the salary OF
the Judge OF the Chancery Court OF the city
of Richmond, and shall be payable at the
.me time and from the same sources.
6. II shall I've the duty of the Chancery
| Court of the city Of Richmond on the second
Monday altcrths act takes effect, or as >Oon
thereafter a. practicable. 10 remove at least
one half in number Of the chancery cause'
then pending upon the docket OF The sald
Chancerv Court to the said Court OF Equity
oi the city Of Richmond. And the said
Clanc,ry Court may for good cause shown
OF 10 cuIalize the work OF said courts, re
move any cause or causes pending thereto
10 the said Court Of Equity, and the snd
Court of Equity may f0r good cause shown
or 10 eaualizc the work OF said courts, re
move anv cause or causes pending thrreir
| To the said Chancery Court. The orIglna
faperS i'm every cause removed under t1'
vrovi,ions Of this section, together with 9
certified copy Of the order Oi removal. shal
be forthwith transferred by the clerk to th'
court to which the cause Is removed, an'
thcreuron toe said cause shall without an!
further formalty be placed upon the dock
el Of the court 10 which Il is removed, aul
proceeded with. heard, and determined b,
inc court as if II had been brought AM
the prev ious proceedings bad therein.
:. During the absence Of the judge OF th
Hastings Court Of the city Of Richmond' o
the Judge Of the Chancery Court OF ihe citl
Of Redmond, or the indge OF the Court
Fouity Of the city OF Richmond. or the ina
bilitv Of either OF said judges from an!
cause 10 hold term Of his court, or TO 81
ia any particular case, or TO discharge an
duty required by law, the sad term M
ne held, or said cause may be tired, or IN
aid duiy NAV he performed by any circul
Judge or by either Of the respeclyc ludEo
nT said Ilu,tiugs Court, or OF said ChancC
~ Cont. OF OF said Court Of Equity.
< This act shall be IN force from II
passage. -
VIEWS OF JUICE u0LLADAI.
In answer to letter written him b
Judge Fitzhugh, Judge H)lladay writes
follows:
In reu'v 10 your favor OF the 18th lnstar
rcnuc.tiny me TO state whether in III
iudpment an additional court havin
cbancerv jurisdiction should be establlshe
for this cItv. beg to say that Richmoh
has increased enormously in populatoi
| Commerce, and taxable yaiues since tue "
r.nization Of her present courts IN Is"
| ard with the growth OF the city ana
husires. the work OF the Chancery Cou
bos become too great for any one MAJ
Ioweycr constant and unremitting his
hors. 10 promptly give to the pending cas-
40, careful examination and mature COZ
.jd,r tiop which every ltigant has a rig'
IN expect at the hands OF a judicial tr
Lunsi' Statistics furnished me, wlicn
, have no reason TO question. show the 10
lowing increase in the business OF VI
: Chanccry Court:
Number OF SUITS instituted ioi thV -
, nr,cedipg January l, 1882. l'G.
/ Number OF suits Instituted Tor the ye'
a nteceding January l, 1856, 2Sl.
: Number Of pending causes for the ye'
: ,recedibg 1882, sos; 1856. $50.
. Number Of orders aud DEGREES, includlr
orobaie orders. for the year preceding Ja'
nory. 1852, 1,297; January, 1886, loo.
Nnmber OF wills admitted to probate L
the vcar preceding January, 1882, 43; Ja'
uary. 1856, GS. ,o, ... q
Ard this being commercial centre, u
.p,ounts involved are large and the que
t,ons to 1c sdjudieated more diih1u't TN
in farming community.
= For these reasons | recommending csta
= nshmcnt of IN additional court, and a. d
r ,,1,,, ~ exnepsc may be raised as an o
G % ;%ociion. ! sugee.t that the clerk plys In
]. ;he Treasury Of the state over So'ooo p
/ snr,,m. Yours very truly.
y 1hnuN' ADDrs0N l.. HOLIDAY.
!. The CbsncDy Court OF the clty OF hig
o md for the psst six or seven years
: neid into the state Treasury on an hSera era
q " 900 per annum; so that II VIII pe Sc
. hi bti II makes a liberal contribution 10 s'
!. erpmental expenses.
- | ed Scts In Laws HOB