Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-01-27
VIRGINIA LEGISLATURE.
HOUSE OF DELEG.4TES

HOUSE OF DELEGaTES
FRIDAY. JAN all Proceedings Deferredl
Clerk OF Account, in the Auditors Office, 90 increase
his salary) was taken up, and read a third time.
Mr. Crump moved to fill the blank in the bill with
Mr.. Hamilton moved to fill il with $500
=, The question being taken on the motion Of Mr.
Crump, II was rejected.
Mr.. Tyler wished 10 know the reason why the in
crease was proposed,
Mr. Cfunp said that the salary was Sl0oO-and that
while the duties had been continually increasing there
had been no increase in the compensation.
The motion If Mr. Hamilton was rejected; and, on
motion OF Mr. Hays, the bill indehoitely post
poned
MIR, Maxwell. from the Committee on the organiza.
ZION oil the Executive reported the bill for that puT
pose without amendment-which was, on motion OF
Mr.. Goods, considered, aud ordered to be euerossed
The bill concerning he First Clerk in the Auditors
Office was read second time, and ordered to be
crossed, by vote of SO to As.
The bill TO authorize the establishment OF a Ferry
from the lands of VIM. A. Hereford in Mason county,
across the Ohio riverwas read second time and
mitted
ATTORNIES, &C.
The bill concerning Atorpies at Law reported from
the Select COMMITTEE, was taken up.
Mr. Hays moved further TO amend the bill.
Mr. Wiicher was sorry to object TO proposition
from one OF the friends OF the bill -, in any case, it
would he uphill business get the bill through he
! ioped the motion would not be pressed.
Mr. Hays said he did not wish to jeopardise the bill,
| and would therefore Withdraw his motion.
Mr. Williams OF -. rose 10 move the indefinite post
ponemeni OF the bill, he understood that neither its
friends enemies intended proposing any amendment
As II might not be known TO the House generally that
he member of the bar, he took this occasion 10
say mat he belonged to that ssion, and des
rous that whatever responsibility might be incurred by
his notion might rest on h shoulders, with the
i al tina, he a lawyer He did stand hero che
advocate the profession there good bad bones
and dishonest among them in all other classes Of the
community. As body Of they as reputable
ether class profession must stand or
dam idnot haI lev
that this bill, the resolution out Of which il had
grown, intended a Election upon the member
OF the bar-'he motives OF the movers were honest
but he believed ms'aken-they had no doubt been in
dnced to propose this measure, from having witnessed
cases in which money was collected and not account
| ed Tor by Auornes. As the law now was when eli
en placed bond or note in the hands Of attorney
for collection the law autho the attorney collie
1 the money. and payment TO him discharge OF
the debt II, however, the plaintiff discovered tina, ne
had been mistaken in the character OF his attorney
that he was dishonest not puuctua he had nothing
to do but TO notify the defendant and sheriff not TO pay
the money to his attorney and he perfectly 'aie
IL was proposed TO amend the law, by providing that i
should not he lawful for a sheriff to pay money col
eced by him upon execution, TO the attorney Of the
party, without written order for that purpose. By
this law, the attorney would he permitted to receive the
money from the debtor without written order; bu
after IL was collected by the sheriff. and il was impor
ant that il should be speedily paid to the attorney e
he transmitted to the client hemust have the order
The effect would be to take away from honest ant
punctuaI aornies the advantage their character gave
them over those who not Trustworthy. AS tn,
creditor knew that the law authorised bis attorney
to collect the money he would be careful to place hi
claims in the hands OF those only in whom he coui'
confde. The proposed bill would. 10 many casss, en-
able the sheriff 10 hold on TO the money which he ha
collected. until the attorney could writer
order. Suppose that claim from Baltimore or Phila
delpha sent to attorney for collection. the mo
ney was in the shetfs hands, the attorney Gale upo
him for 1.-THE sheriff requires Inc production of tn
written order. II the order had not been given tn
money must remain in the sberifs hands until It coul
be procured, properly au,he nicsted Even if the al
toroey lad The order, the sheriff might require proc
OF the hand writing; and as the hand wiring canno,
in many cases be proved at distance, the attorne,
must send on and take aidavs, procure power O
attorney. properly authenticated And with all thi
trouble inconvenience and expense, possible 200
could result. There another inconvenience. TAX
] away from the attorney the right 10 receive the mo
/; ney, and consequently take from him the right
control the execution. which would prove a great ev
10 foreign clients, and even def ndants themselves.
many cases, sn attorney, by giving little Indulgence
might debtor from ruin, 10 which he must he de
voted IL the execution must at once proceed AMI al
fis 10 be dsne because Of some few cases of die
hone s'y in atio'n ez which this bill would not remedy
az the plaintiff under II would give TO bis attorney
law, authority 10 receive money was implied. III
trusted the House would postpone the BILL as il nigh
do mischief and could do no good.
Mr. BlingsIy said. no siur wasiniendeib by this bill
upon the bar as profession But there always was
fsg-end TO every profession, against whom IL wei
10 guard. The bill would not iniure hnnest men. bu
would hut out the dishonest Hs asked the ayes
noes the indefinite postponement
\ Mr. Witcher had not anticipated that this hill woult
get through without strong opposon; but he had hop
ed ts opponents would have allowed il 10 pass TO s
grossment, without stopping IL with indefinite post
ponemeDt. The gentleman from Shenandoah had said
that If the client did wish he attorney 10 collect
he had nohipg TO de but 80 give him notice Of il. But
the Court Of Appeals sad ofhsrwi'e. II seemed fhs
this bill was considered ilscon the character Of
the bar: but the laws examined. pany statutes
would be found, regulating the practice of lawyer
which were equally 30. He believed that tho profes-
sion was generally honest and responsible, but there
we're rcgues all classes, and This bill would only ope-
rate against their practices.
Mr.. williams OF S. briefly replied to Mr.. wicher,
who explained
| Mr.. Atkinson opposed 10 he bill, as he thought
its operation would be inconveneDt, and that frauds
might take place ia giving the authority required. lie
believed The great Of the attornes in the Common
wealth respectable and worthy Of confidence al
though no doubt there we're scOUndrels among them,
as well as among other classes. lie could imagine
that great evils might arise under this act for instance
client in distant part Of the State and employing
attorney To collect debt Tor him in Norfolk, and be
draws order the Sheriff for The amount OF the
judgment Bu, suppose the clea, should be fraudu-
lent enough afterwards deny his handwriting the
Sheriff might be obliged to pay the sum second time