Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1820-02-01
RICHMOND, FEBRUARY /, 1890.
EXECUTION LAW

las '!lS subject IL cOnfeSSPdly one of
The most important, which has come be-
fore the present General Assembly. VIC
have determined 20 lay before tho public
i uery bri4' sketch ot some of the points
made IN The DEBATE. The whole wouli
take up TOO much OF our room, al me
when so many other subjects have claims
upon our attention though by this hasty
Skefch We confess We are far from doiuu
that Justice we could wish TO the speakers
whose various powers have been called
forth by this occa ION The main object
OF the bill is 10 prevent The sale of pro-
pFr'y under execution, deeds of trust.
DEGREES OF chancery courts, &c. u,,Less
the property should sell for 3ths of its
value, as ascerlained by commissioners.
and provided the debtor gives a repleyin
bond with good security, for the benefit
OF his creditor The law is not meant TO
apply TO property >old to indemnify a
man for losses I've has sustained through
securities, sheriffs, &c. THE billsiyes 70
debtor the option of avoiding the COSTS
81 SUIT by rnntesSlng Judgment and
giving Judgment bond
VERY BRIEF SKETCH
" certain Points in tie DEBATE on tde
Execution Ld1p,
rouse OF Delegates, Friday, January o.
The cngrOssed bill concerning The
sale OF property under Executions and
membranes" was called up.
Mr.. Harris (of Louisa) moved 10 add a
ryder ic limit its operation 10 November
lS2l-Motion rejected.
MIR. H. then submitted RYDER 10 limit
II TO March 3lst, lS2l-Nlotion carried.
MIR. Miller, (of PowIatan,) then adj
dressed the House in favor of the bill
tie said that nothing but deep sense of
duty would have induced him TO comr
iorward-on subject Of sn h impor-
rance, ana where lie, representative
from all agricultural district, would have
TO encounter most OF his legal friends in
The House. The question divides itself
into two parts Isl. Had thew the coUsii-
tmionat right 10 pass the bali I'd. Was
e1ped'em 10 exercise his rrght.2 II he
thought that The LcgisIai of Virpinid
had 10 right 10 control the process OF It's
courts, he would refrain from exercisin.
II: he would bow 10 The constitution for
lie was one OF those old fashioned no
hiIclans, who thought that thing wa.
not constitutional because il was expedi
eni. There vas nothing in the state
constitution which touched this CAST
The only clause in the constitution of The
U. States, which could be- supposed 10
apply 10 u, was The LIST cl. Of the 10Th sect.
arr. |. that " No state shall enter into any
treaty, alliance or confederation, &c. ttc.
pass any bill of atiaindcr, expost facio
law, or hr,O impaiyIng the OBLIGATION of CON.
tracts" Are the hands of Virginia ned
up by this latter part Of The clause
Before this constitution was adopted.
Virginia had unlimited powers on the
subject; and il was legal maxim, that
where any exception was made 10 zen
eral power, this exception was TO be CON
sirued most rigidly. Now, can il he sun
posed that this prohibition applies 10 lerai
process within her domain Had such a
suggestion been made in the Virginia
Convention, Henry, and Mason, and
GraySon, would have sounded the alarm.
1 he true meaning of this clause, is, that
contracts shall not be disturbed, but moi
that Tie remedy for fulfilling the contract
shall moi be altered. Do Won suppose,
that Virginia would have entered into The
Union, thus slIackled in the exercise of
her municipal rights II you have no
power TO pass laws regulating the remedy
tor the enforcement Of contracts, YOU
have no right 10 facilitate il. II YOU pass
law 10 enable a creditor 10 collect his
debt IN SIX months, instead Of ~, does
" "oi ~ muCn queer Tie ODllgdtlOu OF
lIs contract, as if you extend the time OF
collecting TO l8 months But such an
idea never entered into the heads of the
convention. The states bad, previous 10
The constitution, been in The habit of
passing iaWs, 10 collect debts III deprcci
atcd paper money and laws 10 forbid
the paying Of British debts il was tie
exercise OF these powers which the wise
trainers OF the constitution intended 10
prohibit by The clause in question. But
as 10 ihe remedy Tor fulfilling contracts,
u was left entirely 10 legislative discre-
ION. Creditors must take the law, as
The Legislature choose TO make il. Deeds
81 trust come Wiibiu tie operation
OF THIS principle. II The Legislature
can suspend toe collection Of .icbls IN
"f'inafS cases, why not under d. eds Of
'iusi IL is by The active operation Of
'T". that d creditor collects his bonds
nd u Is by the permission OF the law,
& rniorces hs deeds OF trust. II The
Legislature have This conlroul over this