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om, to offeta fewhmts on that fubjeft, with
out animadverting particularly on his fcnti
inents.
I propufe that there diall be a Superior
Court held in each county twice in every year,
and dull have original jurifdi&ion in all cri
intgil matters, and in all civil causes where
the debt or damages amount to more than five
pounds.
The date diall be divided into three diftrifts
or circuits, and be called the Lower, the
Middle, and the Upper District; the lower
circuit diall be composed of the counties of
Camden, Glynn, Liberty and Chatham ; the
middle circuit to; be composed of the counties
of Effingham, Burke, Richmond and Wash
ington ; and the upper circuit to be composed
of'the counties of Wilkes, Greene, Frank
lin, and a new c'unty to be lard out, out of
counties compiling thelaid circuit in the mod
convenient manner.
The fittings in each circuit (hall commence
the fame day, aud the courtsTucceed in
the following* order, to wit: . .
Camden, Effingham and Wilkes, the fird
Mondays in February and July ; Glynn, Burke
and Greene, the third Mondays in February
and July* Liberty, Richmond and Franklin,
thtCfir(VMondays in March and August; Cha
tham, Wadiington and - , the third
Mondays in March and Augult. In this ar
rangement I intend only for the order, the
time being to my prelent purpofc immaterial,
and only mentioned for the fake of regularity.
The;e diall be thiee Supreme Judges, who
shall severally prtfirle in the different circuits
in rotation, and diall meet immediately after
the circuits, fay, on the fec-ohd Mondays in
April aud September, at the feat of govern
ment, and comp >fe a Court to corrcft ad er
rors which diall happen, and which dull re
gularly come before them on writs of error,
from the adjudications of the circuit courts.
There diall be in each circuit tWei Associate
Judges, (learned m the law) who dull have
power to proceed to business in case oftheab
fehte of the Supreme Judge : The expence in
curred by this arrangement, will perhaps
amount to near 30001. which, I think, muff
appear reasonable to every confederate man,
as the purdiafe of a due and impartial adrai-
Siiffration of judice; but, (hould the parfimo
jiioue tejeCl this idea as extravagant, 1 Hill
contend for the propriety of the fyflem, ex
edwfive of the Judges, who will,
however, in tȣ give a dignity and
liability to the judicTfty, which it will lack
wniliout them. Jjj.
For appeals, I thfc;Kdt mod eligible to adopt
the knowu and lotijjf edablifhed du&iine and
pratlice new trials as pradifed in
the courts of**Wedminfter, of which the cir
cuit courts will judge, and when such new
trial or appeals ate granted, the mode-of link
ing a special jure, proposed by Galba, I at
pnefeut fee no particular objediun to.
I am of opinion that chancerizing powers
shall be veiled in the circuit’eourts; for where
a trftl, and dtfeifion has taken place at com
mon law, and there are circumffauices attends
ing the case, which cannot be fairly investi
gated without proceedings in chancery on am
injuttdion, who so propet tgfcrant and decide
on such itjnncfion ds who areal
ready in podeflion of Jtetfups the mod mate
rial uy the original trial?
Where either par*# diall move for an injunc
tion or an appeal, such patty diall be thereby
precluded from taking advantage of any er
ror which may have been committed in the
orginaJ proceedings; and where any party
diall move for either an injunttmn, an appeal,
or writ of error, such motion <MII be conclu
sive ds to the other two.
The circuit courts diall also be veded with
original jurifditfion in chancery, uad’er pro
per' reftritlions and regulations.
Inferior Courts, veded with the extensive
jurifdiftion proposed by Galba, are, in my
opinion, productive of the greated proditu
tions of judice ever tolerated or allowed in a
free country, (proceedings in the Courts of
Conscience, and appeals, under our former
Conditution, excepted.) The citizens of Vir
gi uia have long since felt the oppredion of fueh
a fydetn, and thofc of Soutli-Carolina, tho'
for. a while, no doubt, pleased with the novel
ty, now groan under the fame weight: I diall
therefore propose the eltablidiment of an In
ferior Court in each counfy, to be held fix
times a year, aud to be composed of five jur
ies* three of whom diall form a quorum,
wka fliall have original jurifdiftion in all civil
nutters where the debt or demand exceeds
twenty (hillings, and amounts to no more tbau
five pouuds ; their proceedings dull be regu
lated by law; they ihall have p >wer to ap
point their own clerk and bailiff#, who (hall
give bond and fecunty for the due perform
ance ot their relj etiive duties. lu this court
all deeds for land within the county, (moit
gages excepted) all deeds, bills of fa!e, &£.
for perianal property, (fecurittes excepted)
lhal! be proven, and recorded by the clerk
thereof; mortgages of lan , and all deeds ot
fecuriey of pcrfonal property, ought to be
proven iu the circuit court, and recorded by
the clerk thereof. From the decisions of the
inferior court, there lliail be an appeal to the
circuit court of the county, who tiiail try the
fame in a fummaty manner, which dial! be
final and conclofive ; all demands under twen
ty (hillings (hall be tried by a Bugle Justice ;
from his determination either party may ap
peal td the inferior court, whose judgment
thereon (hall be final.
* Proceedings in Courts of Justice are of so
complicated a nature, that little can be said
of them through the channel of a uewfpaper ;
however, I will ventuic a tew,.hints on that
fubjeft a!fo. I propufe that the plaintiff ihall
regularly file his declaration iu the cleik’o of
fice, a copy whereof annexed t>< a capias Iliad
be iflued by the clerk, and sci ved on the de
fendant at lead twenty days before the fitting
of the circuit coutt, which time (hall be con
lidcied.as a fuiHcieiit tmpurtunce , and the de
fendant (hall appear and file his plea within
three days (inclusive) after the commence
ment of the court, or the plaintiff may iign
judgment by detauit, and obtain a writ of in
quiry in cales wheie damages are to be ai
fcll'ed ; aod the court (hail be authorifed to
appoint rule days in Vacation, for the puipofe
of filing Replication, R<jotimer &c. in cales
whete they may beuecctiar', by which means
tbe pleadings will all regularly be made up,
and the cause ready for tiial in'the second
' teim; and that no plea in abatement, or non
ejijucium Ihall l?e admitted, uniefs the party" 0
offering the l'anfe will, by affidavit, prove the
truth thereof.
The above hints are with due deference and
relpecf fubmmed to the fenous enquiry and
candid mveftigation of that yefpedable body,
from whose deliberations the happmefs of a
free and enlightened people is ardently cx
peded.
AUR ELIAN.
In C O U N C I L, Sept. ip,’ 1789.
Ordered , ,
THAT the Treasurer be direded to notify
to the Colle&ors of the Tax in ihe different
counties, that the Orders of the Execur.ve
on the Treasury, indorfed by the Treasurer,
and in favor of David Hillhoufe, Esquire, are
receivable from all persons iu the payment of
the Tax for the prefeut year } and this order
be publilhed.
Extrail from tbe Minutes ,
J. MERIWETHER, S. E. C.
tight Dollars Reward.
Run awaj/ r
About the iotb inst. from the Snhfcrib'ers,
a country bera Negro Fellow named
J A G K,
About twenty-four years of age, five feet ten
itrehes high, flout, and weil'niade: Had on,'
when he went away, a blue fa i tor’s jacket,
one bread torn off, and raven’s duck over
halls. —lt is supposed lie will try to make
for Charleffon or Savannah. ' The
above leward, with ail reafonahle charges,
will lie paid in specie to any person who will
deliver said negroe to the fubferibers, in Au
ltl^3; —All persons are forewarned from har
bouring or carrying off the above-mentioned
fellow, as they may depend on being prole
cuted according to law.
' M‘CALLUM y GARDNER.
Jx Odleber 29, 1789.
CUtks Office, Burke county, OUoltt 20, 1789.'
FH I S is to certify that Mrs.
Mary Wells has dtpolked in
this Office, a c py oi' letters of ad
min iftrarion to her of the estate of
Abfkom Wells, in order to have
the lame ettabiiihed agreeably to
'liw, in lieu of the original, which
file loft during the last war.
J. DAVIES, C. B.C.
William Spencer
BESS leave to iurorm the pub
lic, that he can accommodate
a lew gentlemen with board and
lodging.
Augusta, Od 24, 1789.
n , ——
Notice.
WHEREAS I have received considerable
damage in my nroperty by persons
entering my miclu|ure#jWd trespassing there
on, I give that I am deter
mined in any person or persons
so detedeii comm&ng ticfpafs of any nature
whatsoever
■ 1 have a riglr&Ttitle, cH«m or demand, may
lely on bffiqf dealt with as the law in futb
cases direds.
THOMAS HAMILTON.
Odober 28, 1789 V
l our Dollars Reward.
S TRAYED (or was flolen) from the com
i nious of Wafhiugten,. about the 3d of
•hi* *nft. a yellow-bay gelding, between 14
and 1 3 hands high—branded on the mounting
fliouldei nearly thus )-(, and on the buttock
a A'—has a fwitcli tail—- star in his forehead
white feet—many fears under his mane which
appear like veins -and the tip of his left ear
cut off—and had (when loft) a running fore
on his ilviuiner, occasioned by a hurt from the
fadrile.—He was bred. (I underflantk) by Col.
Wiiliamfon, near Waihingiorft—The above
reward will be given to any person who will
deliver said geld mg to Mr. James Heulings,
near said town, or Capt. Nathaniel Pearre,
of Augusta.
Augujla, Qcloler 16, 1789.
T. Steel,
Surgeon Dentist,
Begs leave to inform t.hepublic, i-'iat he cures
the feu ivy in the teeth by removing an infec
tious tartar that destroys the enamel of the
teeth, and will farce them out of their foe
kets, if not lemoved— cleans the teeth, and
makes them white ;—replaces, tranfpWts
and fubflitutes artificial teeth in so neat a man
ner, as not to be ? perccived from the natural,
wiu.out drawing the slumps or cauling the
leaff paiu His cfllrges are low’, to give
every person an oppottunity of being Leuc
fited; hf, . him/ ,
\ N - B ; will do hitnfelf the plea
sure to attend on gentlemen and ladies at their
own dwellings, by direfting a line to him at
- the Coffee-iioute.
V 'toher 17 V ,17«Q.
.
i)u ke Leiyi/y, April 6, 1789.
Tff E fuolcriber pi es Eoticc
tlur he h \ depofred in the
Cierk’s Office of this county, a copy
ot a deed, as near as c< uid be ai
certained, from John Smith, late < f
Borke countv, deceked, to him ft '
two hundred acres of land, on Diy
Bran h, Water of Ogechee, in or
der to have it eflablifht-d and record;
eI, in lieu of the original, which
was loft during the late War.
WILLIAM JONlf'