Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1824-01-08

other words of the clause, which places Oh.
compensation of the officer upon the sam,
footing, whether "the property be actual,
sold or the money paid under the proceed
ing TO sell" Aud it is further sustained, b,
that indissoluble connection between commits
sion aud collection, by which the name of tn.
one presents the idea of the other.
| But il II be not authorised bv statufe, il is
attempted To Justify it, by maintaining that, the
Judgment upon forthcoming bond is IA netc cx
ecution upon ne,r debt, and the opinion Oft the
Court of Appeals brought forward TO support
| II. That opinion, so far as it relates To this
subject, is nothing more nor less than this, that
the first judgment in legal contemplation is
discharged by the forthcoming bond. Nothing
but the most dishonest chicanery cav pervert
that decision. obviously applying To the legal
questions tchich may arise bsftceen The parties,
INTO one of actual payment, SO as to Justify
commissions upon the first judgment, without
having ever done one single act which could
he termed IA proceeding To sell, aud without
which he had not the shadow of a pretext for
! charging them. His commissions do not
grow out of the various phases which the
original debt between the parties may assume
IN MS prosrrss TO Il final collection, hut out Of
the trouble, expense, risk. sc. of proceeding
To sci" and receiving payment. With what
color OF honesty or reason then, can he receive
ltco commissions upon one payment ?" Aye,
but have run the risk of taking insufficient
security upon the forthcoming hond. and i'm
Cured the responsibility of making the drbf
secure; ought tO have the commissions on
that account" Surely not of the defendant,
il il were true but il is net true. His LIABILITY
rs the same, for any other misfeasancr, or neg
lect. Ii is a responsibility attached To every
official act and Of which he cannot divest him
self IL, therefore, he is entitled To commits
slons for every responsibility be may incur,
the number of his commissions would be as
certalned, by the precise number of processes
IN which he oiliciaied. How make the d, bt
secure by taking a forthcoming bond Ii the
bond had not been executed, the property
which it pledges To be forthcoming, would
have been taken, sold, and the debt paid
Yet, by taking the bond instead of selling the
property, he makes the debt secure This NAV
be good reasoning among pecuIaturs and
sharpers, hut with men'of character and sense,
IL is the downright and stupid hardiheod OF
confirmed knavery.
Whether this claim of double commissions
can derive any countenance from these gene
raj principles which regulate them, is ques-
ton which | shall forbear to examine, till I
| hear that IT ~ made by the other party.
In conclusion, it is respectfully submitted TO
| you, as the guar dans OF our rights and int
rests. whether it ought not to be referred ia
the Judges of the Court of Appeals; and il
they should decide that il is conformaIIe ia
our laws, whether you will not interposc f" tn
prevent those unlceling blood-suckers from
totally running our people," Be assured, that
the interesting character Of this subject, will
secure to this piece an attentive perusal by the
numerous readers of this widely circulated
Journal. Should nothing be done upon the sub
Ject, they will conclude that there are too many
at those in your House, Of those who, having
been sherlfis, unwilling To disgnrge the
plunder thus flched, as well AS those, who, in
the expectancy of becoming sheriffs, wish Ia
perpetuate the privilege. IVrn they shall
have arrived at that conclusion. the indignant
resentment of pilIaged and betrayed com
mnnty will drive from your body every indi-
vidual who has had, or is likely tn have, any
connection with the Office. To honest and
independent men. the course of duty is plain,
nor is II perceived how the impudent assump
ton of the hardened p'Ifrrer, aided by the
sqneanalsh sophistry of the pIunderer 10 ex-
Ipectancy, can obscure il.
If you acqut yourselves of yonr duty upon
this subject, you will hear again from one al
your CONSTITUENCIES