The enquirer. [volume] (Richmond, Va.) 1804-1815, 1804-12-20

Charging the taid fees ard county levies"; and
that Me;'rs. Burwel, Hening, Barbour, Smyth,
(WYthel Kinney, Baker, Currie, DAYTON and
Smith tRockingham) do prepare and bring in
the fame.
| OrAsred, That leave be given to bring in
biil, g" 10 amend the aft, further continuing and
amending the act, intituled an aSt, for reducing
into one the fesera acts concerning executio,is
and Tor the relief OF infolvent debtors" and that
Aieirs. farewell, Hening, Barbour, Moor,
Duiany, Hill, 5. Boyd, Jennings and Curris do
prepare ard bring in the fame.
: Ordcred, That the committee heretofore 40
pointed TO bring ina till, "For the relief of IN
fovent debtors aud for other purpofes," he diff
charged from the further confederation OF that
fubie9.
When Mr.. TazweIl introduced this motion
he itated his reafons FOR making it. He obfery-
ed that as the law food now, it was the duty
or poor man who wiihcd 10 take the infolya,s
oath TO give due notice of time and place 10 tie
PIaiailT, his executors, administrators or ~
gents But 1t /omeiimsJ happens that the plain
til dies, after he obtains lis Judgment, ancit;s
maxim ct the law, that the execution r,uit
proereis. What then IS the condition of the
debtor: He cannot give notice 20 the eL,;,-
TT, Ton Ia is no more. he cannot give i p-t
haos to the executor, for he does not know VIII,
the executor is, nor perhaps even whether there
was viii left by the dcccafcd. Until then
nc hears OF the will, and knows tie .,a-n- of
the executor, the debtor cannot efcape tie dc
peniation OF the law, and he NAV fora iona.
time remain in imprisonment at fJme f.;,Ccns ~
the year. But In cafe no qviN is left behj--.
perhaps there VII! be no one TO adu,niter
upon the etate, and no Court eau grant L,t,yt
ofad>nf"ifr0tion except at its monthly fei,ion,
or At the end of fix months when il n,:,, mt RI.
e'tate into the care of the fl,eriff. In the mran
time the notice Cannot be give; 90 any aperts
ofthe piainuH; becaute no one can be. the a.
gent OF a dead man. This is one cafe which
prencs hard upon the infolyeus debtor and re-
qrlres the interference of the Legislature.
" mere is another cafe, equally cruel. A rrit
may be lnitituted by plaintiff reliding in one
part OF the rate againft i debtor in the NOT re-
mote part. One, for infance, may bea refident
OF the County OF Accotnack and the other of
the County of Warrington. A iudgmen, is
given; an execution siiIned againf the BODY
OF the defendant, aud he is thrown into prifnr.
what is the confeQuence The unflrtu.
nate debtor is compelled TO feeb out the plain
I'M in remote corner the fate: and 20
give him notice ofhis intention to take the info.
vent OATH long interval may eiapie before
thIs Proceis can he Formally complied with
ana IN the mean time the debtor is to be tuffer-
ing all the miferies of confinement. Thefe are
two cafes which MIR. Tazwell obferyed he
ihouid with 20 introduce into this aneDdatorv
bill.
There was another evil, which Mr.. TazcyeII
iaid, he was anxious to fubmit to the conGdera-
ton OF the houtc, and to introduce into this
Bill. He meant the fubje6t of Fortbcoys;,sg or D.
hVs'.y bonds. They gave no Tort of relief.o the
aefendant, whom they were intended 20 C.rye.
ont iuoJected him iometimcs to greater milf
chiefs. In the courfe of his experience he had
mn Ypi>l
ny TO iatsfy Judgment aeainft him on Forth
coming Bond, as he had been or TIE orisin3,
5ond. What then was the coHfequence When
ne Judgment was obtained, he had TO pay the
original debt, with accumulated ezpences
lawyers fees, Clerks fees, and Sherif's fees
mutt all be charged againft him in the bill OF
:onS' 1t appeared then to produce little bene-
IL 10 the defendants themfelves. The fame in.
;onvenlences had been formerly attached to ano-
her kind fdlatory bonds he meant RenI-v;n
Bonds. The term of thsfe was frft reduced
rom ~ to months; then to 6, and to g : ard
ne would ak whether at any time of this
managing icnes, any one had ever been found
'eady TO diicharge the judgment obtained
Oh them.-lhere was another confederation
n the cafe of forthcoming bonds, which de-
erved the notice of the houfe To theft
oohd' tecui1ty was required. And an inno-
cent man might thus be multted at Taft with the
- &4'~ SNSt'
cs out of 10, the fherifF would levyon the pro-
oerty OF the furety and not of the principaI
It was the duty ofthe Legislature to raife a bar.
1er agalntt this importantly of friends; and TO
oetriend thofe, whole friendfhip to others might
;oit them 70 dear
MIR. IazwellconcIudedw with hoping thefeGub-
ectSmIght be referred to- the confederation Olaf.
subcommittee; andthat ifthe cafe offorhconing
ponds did not meet the inyeRjgation of the
louie, he hoped at leaft that the two frf evil,
would be redrei1ed, which might operate 20
upon iniolvent debtors.
Leave was given to bring in bills, "To raiCe
,y lottery, the fun Of twelve hundred dollars.
or the benefit of Steveniburg academy, in the
county of CulPeper; To enforce the payment
d certain fines into the public treafury
A representation and petition of fundrv r.r-
'hants, traders and Others, inhabitants Of fine
own of Alexandria, in the diRri6t of Columbia.
vas Prefented and read, on the fubicd of ex,
ending the capital flock Of the bank IF Virginia.
md ordered to be referred to the committee to
ghom was referred the petitions from Fairfax
'nd other counties on the fame fubea.
The tevera! orders of the day for the houfe 70
eioIye itfef into committee of the whole
louie on bill, to prevent llaves being brought
nto This tate; and on the fate of the COMMON
wealth, being read
OTdeye2, That the fame be Dut off till Nor