Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1829-01-28
General assenrtIp.
HOUSE OF DELEGATES.

HOUSE OF DELEGATES.
TUESDAY, Jan. %.
Reports were made from standing and other COM
mittees, by Mr.. Kinabrough.
Mr.. Wstson called up the cngrosscd bill, nuthori-
ling lottery for the benefit of the Monennaa AGA
denny, which was supported by hun and passed with
out division.
On motion ofMr. EUsey, leave was given to bring
III bill incorporating company to erect toll bridge
across the Potomac from point near Lecsburg.
On motion of Mr.. DJddyiGSe, the bill prescribing
the mode of paying money into and of the Public
Treasury, was taken UP, and ordered he cugrosscd
On motion of Mr. Eppcs. the bill concerniu. the
Annory md for other purposes. taken up, OK
planned by mr.. Wallace, and passed. This bill su
thorzs5 release to Archer &; Pova of their lease
OF the boring mill.
The bill to amend the charter Of the town o.
Wheeling, was read third time, supported by mr.
hffxeugh OF OHIO, opposed by Minor and passed
The engrossed bill, annexing the county of Mason
to the Clarksburg chanccry district, read the Sd
time and passed.
Mr. Bryce called up the report of the committee o.
ffnance the petition OF the suretics of John Pres
ton, former treasurer nf the commonwealth.
fhs report, after reciting the history Of the case
OF the commonwealth against the sure,ics Of JoIr
Preston in the court of appeals, and stating that the
principle of cstoppel there applied to them had bee,
since, III the rase of Munord against the oversc,rs o.
the poor OF Nottoway, reported in Cd Randolph
reversed By said court, concluded with resolution in
favor of generating the surcties from liability
Mr.. Bryce, with view to investigate the subioc,
as 1T deserved, moved to refer it committee the
whole.
Mr.. Hitcher opposed the reference. He though,
Il but seldom. that any thing gained by going into
committee of the whole; and in all probability whs
WINS there done, would be done over again in tht
Horsc. In uddition, he declared his opposition tr
the resolution, and his unwiIlingnes TO readip
the decisions of the court OF appeals.
MIR. Bryce replied, and urged the importance oftbc
question: as reason for Investigating it in the form
most favorable to arrival at Just conclusions
The House refused to commit the report and rcso-
To n Of hc ~,
recurring on adopting the resolution,
Mr. .May entered into detailed statement oe the
Case, and emphaticaly remarked, that the petitioners
had had rule of law applied td'then which had no
before been applied Ill such circumstances md
which by subsequent decision Of the court of An
Vcals could he applied again. He indicated his
Vlrpcse of Offering bill, authorizing new trial OF
this case.
Dir. .Mczrnis thought il a dangerous principIc e,
the Legislature to be sitting in adjudication Of the
court Of Appeals, aud moved TO lay the Report 70,
thc present. on the table.
Mr.. Bryce hoped that the gentleman from, Bedford
,ur. Mennis) would not insist upon the notion and
minated his concurrence in the cause su~restcd nv
lar. May.
.1ir. .faJris withdrew his notion while he should
vote against the resolution. The court of ApDeaIs
had often rcconsdercd and reversed former Jecis;or
aud other persons had equal of COMPLAINT with
thsse sureties and if the Legislature granted relief
IL this case, it would be incumbent 10 grant il in
others and there would be end to similar nppI-
C.Iiions.
Mr.. Bryce said the gentleman seemed to admit the
injustice which had been done the petitioners but
was unwilling TO grant relief because the udrments
Of clio court of Appeals had done uiustce N o.bore
Was this good reason for refusing this application;
Would the gentleman Individually take what he kne
Ne not entitled to- and would he apply less rao
raj rule Of action in tho of the Commonwealth
JHr. Witcher entered into n history Of this casa
and an argument TO prove that the surcties were
bound properly by the judgment of the court An
pcation after application had been made By these
s]'rc'ic, and relief granted them from time to time
Vii il they now asked entire exemption.
.Ur. Waitpce made enquiry as 70 q particular
fact and mr.. Br.ce replied.
DIR .iay said, upon reflection, he preferred not 20
vote IN affirmation Of the whole report and he there
fore moved 10 amend the resolution l.y striking ont
tho words is reasonable" and to insert 'is SO far
asonablo that trial Dug Ut 10 be- grautcd them
IN the Geneinl Court for the balance now due the
bmmonweslth."
Mr. Brarton said if the parties were entitled N
new trial w payt, they TO new trial in whole
He understood tho Now trial proposed by tho amend
pfgnt, extending Only 10 the balance.
.Hr. .N,y said, that what had bccn paid had been
paid ny the estate Of John Prcao. The suro.ics as
yet had pai1 nothing.
Mr. .iicanis said that lie thought C,o House coud
not adopt This amendment. The juTy lad Tclcascd
The sfeics tom paying tho sliin Of $4,000, and be
Thought The rlo ouaht 10 wcT,. both ways nnd the
question b. Trad whether tney were not fully bo0rd
10 tiat suti.
ar. UTiclt, sa3, # tho now trial wa; granted
would operate M instruction TO the General Court
~ reverse ;!,c irdomcut 81 III" court Of Appeals.
.7r. sTiSOn Of rcdcIck. commented on The ia
rg icc ~ The decision OF the court IF Appeals which
n de- red ~had never heard defended L. r.'a-
t~n-t0 t.tc objection " rnr Neuns be- said Hat .Le
su cites hal bce ro a.'.i frcr tc pa-mcnt Il lie
& Ogo by 1try - con''r' hat TIC cqscs were
bot petslc'. and that thorc go to nc pFrferc" fri
again trying The qnaton of !ic!r responsibility t,ri
that sum.
|v,'2& .fcr6 crcd'ha q 'rtor e 10 lior.e
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