The Southern Literary Messenger, Vol. I., No. 8, April, 1835Various
General
The Southern Literary Messenger, Vol. I., No. 8, April, 1835
Various
American literature -- 19th century -- Periodicals
_Chancery_, or _equitable relief_, is rarely sought in the
Massachusetts courts. Indeed it was unknown, until, within a
comparatively recent period, two or three statutes empowered the
supreme court to administer it, in a very few specified
cases--_mortgages_, _trusts_, _accounts between partners and
co-executors_, _waste_, _nuisance_, and two or three others: omitting
the fruitful subjects of _fraud_, _accident_, _dower_, _et
cetera_--and especially the sweeping power to relieve _wherever there
is no remedy at law_--subjects which, by the multiplication of cases,
have made _our_ chancery, like that of England, the dormitory if not
the grave of justice. And even as to the few specified subjects of
jurisdiction, those statutes rigidly restrict the relief to cases in
which there is _not a plain and complete remedy at law_. Before these
enactments (and _since_, too, in cases without their scope,) the rigor
of the law was mitigated only by the sense of justice in juries; and
by sundry expedients--curious enough, to Virginian eyes--which seem to
have left few _wrongs_ unremedied. For instance--if I am unjustly cast
in a trial at law, by accident or surprise, or for want of testimony
which I did not know of till the term was over; not a bill of
injunction, but a petition to the judge in vacation, within a limited
time, will procure me a new trial. If my debtor fraudulently dispose
of his property; instead of a bill in chancery to ferret out the
fraud, I may have, along with my execution (if I have obtained
judgment) a _summons_ to the colluding purchaser as _garnishee_, to
disclose orally on oath, in open court, what effects he has, of the
debtor.
Roads are laid off by a board of commissioners, established for that
purpose in each county; and invested with judicial powers, in
controversies on the subject.
The probat of wills, the granting of administrations, the appointment
of guardians, and the supervision of the accounts and conduct of
guardians, executors, and administrators, are confided to an officer,
called the _Judge of Probat_, appointed in each county for those
purposes only; and holding his court monthly, in several convenient
places of the county, to hear motions and decide disputes on those
subjects. His records and proceedings are kept by a distinct clerk,
called the _Register of Probat_; and an appeal lies from his decisions
immediately to the supreme court. We, in Virginia, sorely need some
tribunal like this; specially charged with the interests of widows and
orphans.
Public-domain text, read in full here on John Shaqi.
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