Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1827-12-29

LIs tr,s
10 decide the rights of the parties -
MI Dryce moved TO strike out lie SECOND branch Of
''e ieso'u''oh alter The word ''osetis" with view TO
institute genera! enquiry into The expedieucy of a
euo'g Tue law oil discounts and oises. As the layy
at present stands the OF set offs was NOT dis
"hc,F understood IN practicehe distinction for ex-
ample between legal and equitable ofr,e,
Mr.. Thompson observed that the gentleman AMI
himself had oiferen, objects in view lie did not wish
his proposition emharrassed but that the sense of the
House should be separately expressed upon it, He
! scre facias.
! Mr. BIS amendment was rejected
hi! Gordon moved 10 strike out tue word ''saue'
which was agteei To. -
MIR Miller asked i!the resolutio, ,;,,;r- tn ;c
dant right 20 idgmen; for the excess OF L,s set "a. did
not destroy the jurisdiction of tie court: Mr. T, ey
pialn-d' alter which the resolution adopted.
LngroSsed Bills Adding 10 Logan, parts of tle
counties of Russell aud Tazcwell. Toainead tie act
providing for the erection Of bridge over the Appo-nat
"x river at Petersburg. 3. Amending the act establish
ing ne" Regiment III the county of Loudcun yc1a
read a ,hirh time and rassed.
The ensIossed hii amending the act granting lot.
terry oi the benefit f,he IL cbaund Dock was cxDaI-
ned By Nessrs, Rutherford and IIatvie
Mr.. Williams opposed II, as beng in fact bill for
granting lottery TO private persons. AIR. Ciag sS.
ported he bill as necessary 10 render available on
vilege conferred by former Legislature. III, Epps
also supported the bill promoting tie success of an
entcrpT,ze 10 which the State largely Interested
and which promised great advantage sir. Lewis re-
minded the House that effort 10 appropriate tho
Z Il
lad beeu ovefruied by large majority MIR Gholson
explained The reasons which would govern his vote
against tie bill Opposed to the furmrr law lie was
% necessity, opposed to this, removing all the RESI-
ricoDs imposed The mana. ement of the lota, ~,
The iormerlaw. He opposed 10 granting lote,es
to individuals for the erection OF works the pruceeds
q which were TO be put INTO their pockets Lotteries in
us oP'on were Only 10 he tolerated when great pub,c
work were TO be advanced by item MIR Crai- rc=s
pied to Mr. GhoIsou and the latter and Mr. Harye
anu MI! Nuhe'tocrd rcjoned, after which tie bill was
passed
The bill concerning bail in civil cases fdisnnnsi,;s
wiih 1t altogether in actions OF debt, covenant SC
except when on affidavit made TO Judge of General
Court or Jusce that there is good cause 10 bseya tha
nc defendant means 20 tie limits OF lie
state and limiting the lime suing on wits of
'aeils against bs-in other words abolis,ns bail 10
c''' cases as matter ct rish bc!og read second time
' May inHHei 10 amend tae bill by authorizing the
Judge or Justice 10 require hail where defendant laa
no permanent abode OF tor ANY other good cause,
She"u by pian'iH IA addition 10 tie OF spprehcn
SION o. usiend2nt'S removal from tie commemorative
air May stated tst the bill affected die relations of
creditors ANA dobc'a III sery delicate point II abol
ishca iadic.!y, very ancient provision of the law
and IA his opinion calculated 10 induce arealer
asclieis than those proposed bc rculedied Ele was
opposed to those radical alterations OF long established
institutions lie could imagine nany other causes
Than the aPprehenled retnoI al Of defendant from tie
COMMONWEALTH where bail was necessary 10 secure Tho
property OF The citizen and he disposed 10 leave
ii dsct etionary with the Plaintiff apply lt. it, ana
! The Judge Justice TO grant il.
! y t,lp
mett OF ihe gentleman from, Petersburg (AIr. Nav
would leave the law OF bail where il nov stands III,
vas e't esinnaiy with the Judge 10 authorize bail
for ''any cause" tie abolition of bail as matter of
right, contemplated by the bi would be Nominal en-
iy IL would likewise operate uneotaiiv fur uha,
Justice IN iienrico might deem good cause in his
discretion for authorizing bail might not so be deemed
! oy q Justice OF another County.
| hir. Clarke OF Chesterfield, moved 10 amend tt,
amendment by striking from il the words or any other
good cause.' 9
Mr. George thought no change was sourbt for h., tI,,
people Gil The Law OF ball. and HAL laws well known and
understood by the people, oIgtt be l-h,Iy al
tered lie moved to postpone :he Till to 5lst March
M. iioi!c;nan seconded the motion Te Lad beard
no complaint. Honest could a!lqays fad bah anil
he had no notion Of leg is!aiing Tor rogCes.
hi Clarke Of Ceesie'l.c!t opposed tie noon which,
was withdrawn by AiI G.orge.
Ise motion 10 ameaI the amendment was Deoatvcf
aud tue amendment SseIfwas adopted.
Mr. May thenin 10 strike or, Tue lst section Of
the OIL anos.!2g bal as Of ris:! il ac.ioos q Ge6,
covenant and tetirue.l
MIR Clarke of Ches was not tcra..iou4 of ~. -.
section lis chief object being 10 limit lie ne o: ofs,
ing oct wTils Of scre acils Du! lie could not perceive
the necessity Of the rcqUlsjicn of bail where there was
20 cause to appehend the removal OF the defendant;
% Elat use %as II? What did ii p;fpor o be? why
shond thc Sheriff be put 10 the trouble taking or the
defendant OF giving baH lie thought an entirely use.
| less and announcement ceremony Where there was
OccSi2n for bail, when suspicion was attached 10 the
defendant there were prescribed for obtaining
/ IT, But he could not sec the object of reaiaingit as
/ q matter OF 'Igkt.
Mr.. George supported Tie motion to strike out.
Mr. Hunter OF Berkeley, warmly defended tie Nil
! y reason had been asked by the gentleman froo,
Iozewel (Alr Ceorgcl Tor aboIishng bail Of rioht
sufficient him, 10 pfofcc, the liberty
of the cizcn-to abolish provision OF the law cal.
cnated 10 hook or hook in urisuspicious men Tie
was disposed for one TO abolish lie whole system of
: forced sccurItyshP 8 20 extend il forthcoming bonds
After observations FIR Hoiemaun in vor Of
the motion to strike OUT the question TAKEN aud deci
dcd in the negative, ayes 60, noes 81
Nh May loved TO amend the bill by inserting new
section Calculated TO simplify proceedings by abohinc
rules in the clerks Office, and expedite termination OF
civil actions
Mir Clarke Of r. said this amendment prevailed, he
SAau'd vote against the bill All persons indeed, should
be repaired pay their debts, but not always heir
Fortunes ard no oprosed provision hich would
give hc plaintiff Judgment n 10 days lie thought that
% lfgAsr rapid.