Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1890-07-06
THE CHANCERY COURT.
Has Judge Wexford legal Authority 20
Cali Special Term?

Has Judge Wexford Legal Authority 20
Can Special Term?
70 ne E.H'0r Of tie Dispatch:
On the 18th ultlmo some members Of the
Richmond bar wrote 20 Judge Wexford
and are reported as saying;
"AsI 30 seem. 90 be the opinion Of many men,
bors Of the Richmond lar. Gs vel. "a Our city
Judges, that tho june term Of tho thHncery
Court OF no city % Richmond has been term-
mated ~ the death Of JUDGE Fithhugh' We rs
specially request you WILL In pursuance OF sec
tons 300 all 900, C010 VI 1891, call epecsl
torn o. said Court, &C.
This reference % the sections Of the
Code must be q mlsprint or mistake, be-
cause judge Wexford IN his order To CLERK
Goddin for a special session bases his at
thOrlty on section $3.50.
Now. with an Difference 20 the members
of the bar. and % the Judge, for whom
have the highest respect and esteem. re-
spectfully submit that they and he are
mistaken. and that there rs no legal au-
thOrity % be found ~ the Code Wlicllu-ti-
fos him m calling special session of tho
Chancprv Court or sitting IN the place az
tho deceased Judge. II the Judge mas any
such authority 10 is derived from the iOl-
lowing sections of tho Code. which IN
greater or less degree have reference TO the
eubleCt-tO WIZ. sections 5u6D. 5UtO. Jui',
30lg. and 1927. If there are any other sec
tions applicable to this question they have
escaped my notice.
Section 1850 treats Of special terms
when. how. and by whom appointed. IL
declares that If a circiff court Judge dies
the Judge of any other circuit court may
appoint a special term of the circuit court
over which the deceased Judge II his life
time presided. But the Ct0ncTy Court Of
Richmond Dis not q circuit court. u has
been decided TO Doe q corporation court by
the Court of Appeals. Hence this section
don't give the authority claimed.
Section 800 prcsCrllcs the jurisdiction.
of tho Chancery Court and cannot. IL
seems 10 me, be construed a. having any
reference whatever % what ls 20 be done
upon the death of the chdncerv Judge.
Section 3O19 prescrbes who may hold the
courts during the absence, etc, Of the
Judge and authorizes Judges Wexford and
Witt % hold the term OF the Chancery
Court during the absence Of the chancel-
Tor or his inability from any cause TO sit,
but does not give any power whatever 10
the other judges 70 act ~ his place when
he is dead.
Section 300 does prescribe a mode bv
which the term of the Chancery Court
might be- continued aud be held by
another Judge if the prOyis0 did not de-
clare that the section should not apply to
the Chancery Court Of the city OF Rich
mOud.
Section 1927 prescnbes when n term Of n
court Is not TO end on the death of It's
Judge, and saws the death of % Judge OF
any court during the term thereof being
held by another, shall not put an end 20
the term, but it shall continue notwith-
standing such death until ended IN due
season" That is, If Judge Witt or Judge
Wexford had been holding the Chancery
Court during the sickness of Judge FitZ-
hugh and before his death. after his death
either of them could have continued to sit
until tho regular end OF the term. but not
| otherwise.
1t seems TO me the provisoto section 30i9
makes this case a CQsHs oWisSls, and the
only remedy IS the appointment of new
| Judge by the which he IS au-
| thorized 10y constitutional authority TO
/ do at once. Until such appointment i
made no Judge can lawfully hold the
/ Chancery Court Of the city. | am sus-
tanned in this opinion by some of our best
/ lawyers. IL IS proyerblal, however, that
/ lawyers will differ and clients viii have to
| bear the consequences. Il. ID. w.