Richmond Enquirer

FOR THE ENQUIRER.

There are few indeed who have not acquired the knowledge at fearful expense, of the importance of the station of magistrate in this commonwealth. I have been induced to think so by evidence, which will certainly be conclusive to everyone in the community. I am now relieved from the disappointment which those who are placed in the magistracy must inevitably occasion, if they are incompetent to act, either from the want of education, or those tenderly moral feelings, which prompt to a careful and considerate examination into all matters at issue, and submitted between man and man, and I will prove my proposition by an illustrative statement of fact. A and B were the executors of C. The heirs of C instituted a suit for a settlement of their administration. A and B plead no assets, although subsequently the commissioner who stated the accounts, proved that they were accountable for a considerable sum. The object is to recover this sum from A and B, or their securities. This is a case which has been long pending, and after having been, from no doubt sufficient cause, sent from the court in which the suit was originally instituted, the plaintiff was informed of the necessity of appointing a representative of C, and that the representation might be assigned to the sheriff The court having the jurisdiction was accordingly applied to, but although the administration required upon estate of C was merely nominal, and intended to comply with the forms of law, it repeatedly refused to compel the sheriff to act. The reason assigned by the counsel for the sheriff who was opposed to taking upon himself the administration was, that as A and B had alleged no assets, the sheriff would receive nothing by which to be compensated for his trouble. But it certainly should be known to the whole of this commonwealth, that it demanded of another applying for the administration, under the circumstances, an unreasonable security in the sum of fifty thousand dollars—nor is there the slightest doubt, but that for the fortunate circumstance of the superior court having jurisdiction in the case, the plaintiff could have nothing to hope for. The writer of this communication disclaims any other motive in offering it, than to urge a just estimation of the importance of the magistracy.

AN ADVOCATE FOR JUSTICE.