ness of the county may require it, to examine
into and discharge the duties as Judge of the
Orphans' Court for such county in his district
as are now or hereafter maybe provided by law.
He shall examine into and revise the proceedings
of the Register of Wills of each county,
establish such rules and orders not inconsistent
with the law as may tend to facilitate the busi-
ness of the court. There shall be a Register of
Wills for the Orphans' Court of each county in
the State, who shall be elected by a plurality
vote of the legal voters of the county, who shall
discharge the duties now or which may here-
after be required by law, whose term of office,
qualifications, manner of election, and removal
shall be the same as those herein provided for
the clerks to the courts of the said counties.
He shall also discharge the duties of Register in
Chancery in such manner as may be required
by law. The Legislature shall provide a suita-
ble annual salary in lieu of fees and perquisites
as at present exist.
Mr. JENIFER said, in the proposition which he
submitted the other day, which was intended as
a substitute for the whole report of the judiciary
committee, in the event it was not so amended
as to meet the support of a majority of the com-
vention, he had embraced the court of appeals,
the common law courts, the court of equity, and
the orphans' court. Mr. J. said he should not
have offered any proposition for a judiciary sys-
tem of himself, but by the advice and approba-
tion of others he had proposed this. Not being
learned in the law, never having practiced the
law, he left it entirely to those who were conver-
sant with the subject to devise such a system as
was required. His object in proposing this amend-
ment, not having had an opportunity to vote on
any of the questions relating to the judiciary, or
to express his opinions, it was his desire to show
in some form the views he entertained upon the
subject of the judiciary system, and to show how
he would have voted had he been present.
it was also his intention, after the bill had been
gone through with, should it not have been ad-
mended so as to meet the views of a majority of
the Convention, to have moved as a substitute for
the whole, the proposition he gave notice of on
Monday last. The amendment he now offered
was more especially intended to apply to the or-
phans' court believing that a chancellor appoint-
ed for the inferior judicial districts, if separated
from the common law courts, could discharge the
duties of the orphans' court in that district, and
also do all the chancery business of each county
within it. He now moved the amendment to
that effect. He believed that one judge ap-
pointed for a judicial district can discharge the
duty of the chancery and orphans' courts lo the
satisfaction of the people. His decided opinion
was that the orphans' courts meeting six times a
year, as now provided for, or if you please, once
a month, and holding court until the whole busi-
ness shall have been transacted, would be a bet-
ter system than the present one. The business
would be done, more satisfactorily, and more uni-
formity of practice would prevail, which is at all |
limes desirable to those having business in the
orphans' court, or indeed any other court.
This system, Mr. J. thought, would work well.
The question with him was, how shall the or-
it was therefore that he moved this amendment.
Mr. J. said it could not be expected that gen-
tlemen appointed as they were now, annual-
ly, without compensation, should devote the
time required for a proper discharge of their
duties, to the neglect of their own private af-
fairs; whereas, if you make it the duty of the
Chancellor, as Judge of the Orphans' Court, to
attend regularly, and hold his court as long as
there is business before it—make it his duty to
review the acts of the Register of Wills, and
see that there is no delay in the discharge of
the duties appertaining to the court, then you
will have an efficient Orphans' Court, one in
which the people will have confidence) and the
decisions will be respected, and from which but
few appeals will be taken. Instead of the fees,
as now allowed to the Register, give him a sta-
ted annual salary, which will take away from
him the desire or temptation to multiply or
magnify the fees of office. Let those fees ac-
cruing, as should also be the case with those of
the clerks of the courts, go into the state or
county treasury, and let the fees of office be
simplified so that "he who runs may read," and
understand. Let them be reduced to the low-
est possible amount. By the plan of appoint-
ing a judge fur these judicial districts, separat-
ing his power entirely from the common law
courts, and giving him exclusive power over the
Orphans' Courts, and all cases of insolvencies,
Mr. J. though he will have his hands full. The
importance of the Orphans' Court had not been
sufficiently considered. It should be borne in
mind that, in every twenty or twenty-five years,
all the property of the county, in some form or
other, passes through the ordeal of the Or-
phans' Court, where large fees are paid, by way
of commission, to executors, administrators,
counsel, and others, which require the scruti-
nizing and patient investigation of the judge.
The rights of widows and orphans, as also cred-
itors, are subjected to his revision. The judge
should, therefore, be a man of sound, discrimi-
nating mind, of great purity of character, and
have a knowledge of the high trust confided
to him.
Mr J. said he deemed it one of the most im-
portant of your courts. He believed there had
been more injustice done by, and more reform
required in, the Orphans' Courts of the State
than any other. These are the opinions he en-
tertained upon this branch of the Report, but
was prepared to vote for any system of reform
which would remedy the present evils of the
system.
Mr. J. said it was proper for him to add, be-
fore he took his seat, that his remarks had
no reference whatever to the present or past
Judges of the Orphans' Courts, many of whom
he knew, and who had discharged faithfully and
ably the duties, as far as in their power; but it
was the system to which he was opposed, which |
