Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1831-03-18

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plain fact, however, thot Deeds Of Trust for secur-
ing debts daily executed; and that individuals
who do not understand the form they attempt fol-
low and much less how to vary that form according
TO the law and circumstances of each case arc con-
stantly applied to to write deeds Of conveyance, ia
conclusive, that the legislature should interpose to
relieve the people Of the mschics, which they bring
upon themselves by, perhaps, desire TO accommo-
date or Ia keep from being sued on the one hand;
and on the other by ignorance and desire to save
a dollar or two, which Is, generally, the difference
between the fec OF tho individual who has qualified
himself for the business, and that Of some clerk or
his deputy or other person. who would have il be-
licvcd they well vcrScd in all the intricate law in
relation TO convcyanc'ng, without. IN many cases
ever having read page ON The subject.
| would not DC understood to mean that Deeds Of
Trust should be- aboloped altogether; for have no
doubt OF their utility III some respects. The cases in
which they useful, will readily present them.
selves to your minds. | would saw however that
those who execute Deeds of Trust TO secure the
payment of purchase money debts generally
should be allowed reasonable time to redeem their
properly. l would say, that all Trusts of lands
should be put on footing with mortgages; or a less
term for redemption. might, probably be reasonably
ail"wed-say ten or fifteen years; and in Trusts OF
personal property that the time fo rcdempton shond
not exceed ivc years. The necessity for some bro.
lection to those who led into debt, account of
these visible effects, principally by the merchandise
ing part OF the community must be apparent to every
rejecting man. How often do we see an indiyidun,
enlrcatcd To purchase goods credit and after hc
has been induced thus to purchase for some time an
unexpected demand is made for the amount of bis
account, and If the money is not immediately maid ,
Deed OF Trust required on the whole the preater
part OF his propcrry-thc value of which is freaucnt
Iy, ten or twenty times the amount of the debt which,
1t Is conveyed 10 secure. This deed executed with
promise, generally, from the creditor, that with
such security, the debtor have his own time IN
pay the debt Such promise isles tho debtor
he thinks CredI secure and will NOT n,,sI,
him-hc Is iulied into entire cornposure on the snb
lcc and Is thus induced to make exertion to meet
the Impending storm. which only awaits the nod ne
The creditor To burst upon his head and leave him n
bcggar The time, manner, and place of sale of tho
property hcinT generally left To the discretion of the
creditor, he selects his opportunity, and pounces
upon his debtor, with ten, twenty, or thirty DAYS
uoilce, allowing Is little time possible to NAL
arrangements To prevent the sale OF the property
- look for p1rchaser, who will give fair nr;ce
for - and frequently selects the way sno,
some distance from the property the place Of sale
The consequence is. tina; the creditor 49, in MANY
cases, the only bidder, ana he gets the propertv In
instances, for less than the amount OF his doh,
and the unfortunate debto. thus reduced TO povor
without the possibility Of helping himself
If such evils from the collection debts Inv Deed, NJ,
Trusand for evidence that they do only 10 apnea N
your OBSERVATION-DISCLOSURES not suitable remedy be a,
10 credit their uei:hbor Cast vout eve, n
your respective counties and districts ask yourselves e
Of land III the neghbornood of their stores This too will,
GU, thing like adequate consideration In my humble
opinion, there provision of of laws of which
am aware that tends more to centre the wealth ndepen
deuce the worthy yeomanry of the State, hands of
few traders and dealers than the law authorizing the
add collecting of debts this We thrown aside
the law which gave to the eldest son the whole Of
his father in order that wealth nigh, equally dIb,
ted hut have retained this feature Of Laws in
relation TO Trusts which virtually couneIacs the i u, y,
tho law of PmosenItue and, indeed a worse effect than
tina, law could have had for the of single
ndivdua many instances the wealth of neiehbo5r
hoods and reduces many industrious and worthy farmers and
their families to want.
Let individuals who thus induced TO execute DECIDE If
Trust debts he allowed reasonable time IN ed,.,
their properly and you will debts contracted Me-
chants we'll he less disposed out their goods II big
vey profitable and expeditions mode collecting debts "a r.
moved It perhaps be said suits would be NOR.
resored to for collection This would case II al all N
limited extent the number of debts would be vev
much esseneG Collection by however, affords the debtor
better opportunity OF obtaining fair price for his property
should he not be able TO the of the judgment and
prevent its sale. A. before remarked when an individual
executes Deed OF Trust on his property TO debt he
thinks his creditor perfectly satisfied, and makes no effort 10
remove the incunance till the hour for indulgence ha, pass
cd But let suit tie instituted against him and eyes ARE
Immediately opened and he makes every TO he pIepa red
for the judgment and his property Should he no, be- abe
tn save his properly however is sold in the public
nrr by public officer after notice of such the pre-.
evils arising from any and every individual holm,
allowed 10 set himself COnveyancer without the easI
Of nr laws operating upon the subjects thus aemp
yea 10 be properly co eyed let me refer yourselves for the
Illegal informal and imperative Deeds Of Conveyance 6r
districts Why is required that individual shall he allow
ed 10 practise law IN the courts OF the without
Judge. of the Because the litigation Of The c
should be properly conducted and incompetent persons
be prevented as far as practicable from imposing themselves
upon those individuals who as TO be
we'd Law suits IS Of less Importance that the practice Of
law, m RELATION tO Nles shOud he the hands
who have prepared themselves IT, by long course Of study
PRONOUNCED qualified by the Judges of the Com,
monwealt Is not, adeed OF the utmost importance that
the conveying Of titles lands should he hand,
Of those who acquainted with tnS. difficult
our laws and not left To the every clerk, deputy
clerk, other individual the State may attempt 10 fo
low an nappeabe form To remedy this evil fl A. Dos
sbe would suggest that every Individual presenting Deed
of Conveyance. &c for record, required say upon oath
ihai SUCH instrument was written either by OF parties
{" by some licensed LAWYER Wills, from the tho
case, must DC eSct-' Il be regretted however ,hat
some means cannot be adopted far as ccumsia
cts wilt admit the execution of wills according the equi
SIZES OF law, and thereby the frequent litigation that
arises upon them That member of tho Legislature who Will
nave these subjects brought before them, will he nor ines
"'"'oe SERVICE 70 the state CONSTITDEN..
| HOUSE OF DELEGATES
TurUSpAY, March IL