Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-02-01


Courts OF the county Of Amelia"
Mr.. Billingsy ssid that he hoped tho ryder would
be adopted, with enough more TO break Its neck The
gentleman repre'en'ed small county where the law
practice probably not as extensive in tho large
couutie. ot the West.
NJ. B OK. rbad TO intended to n-ttle the gentle
from Monong ALA. That gentleman came here
TO protect the Interests OF his con uents, spd Mr..
wished 10 project ,ho,e OF hi-. Their views tn
ferent, as he (Mr b. thought no should .feetu.
ally obtain that object, by exemptpg hi. county from
the operation OF ihs law. But he was no, aware tha
he should n.ue the gentleman by tn proposition.
The ryder WIS read brst time and ordered TO Sc
eond rsading-aye, Sc; noes b5 IL was th' read
second time.
Mr.. Col Don moved to amend the ryder by adding the
county OF .Ndnsemond to that OF Amelia
MIR. Jackson thought the dignity OF the House woul!
be beat consulted by the indefinite pos,ponemeot OF
the whole subject He therefore made that motion.
Mr. kinsou said. he did Intend to enter into the
discussion of the IneIs OF the bill his whole obec
was TO correc; error committed by himself the
reporter, end matrred not which, (since he designed
to cast blame upon this lattet) az 10 remarks
which were made upon This subj ct, few days since.
1.-The, (Mr. Az had msde the mistake II was due to
himself and the Heuss that it sboud be set Alright 10
the report It is .sid, that che MIR. Az never knew an
instance where a lawyer could not be found for the
legal fees to proecue suit. il were just claim.
IL In the hurry Of debate, the o. opposition laid
down broadly, he hsd done wrong. His remarks
were intended to show that in the county from which
he came, the legal fess charged upon bonds for
the payment Of money, and there existed combina
ton which would render !, impossible to &c, aor
by spending the money Of his Glen In many ac,ien.
on the case and in land su t. the legal fee, were
scarcely ever reeeived gcnilemen made their charges
according u the circu instances Of the case While up
he (Nr Az would take the liberty to correct an error
into which the gentleman from Pittsylvania had fall
en-thst gentleman was understood to contend that by
decision OF the Court OF Appeals the counsel might OF
right receive the amount Of execution. from the
Sber A. though that officer had been ordered not to
pay 1t. Sir. said Mr. A the Court of Appe la ha.
settled such principle; the length to which they
have gone Is this the payment by Sheriff 10 the
attorney who the suit 10 good one on the
custom Of the country. and the implied contract be.
tween the client aud attorney who is considered in the
character Of rustee;" but tho moment the plaintiff
orders the sheriff not to pay the lawyer the author
ity do 90 eeas and paid Il done at the peril o.
the officer.
Mr.. Witcher replied TO the remarks OF Mr.. Atkinson
Mr.. Garland Of Nelson, said, that having on a for
mer occasion voted against the indefinite %,
OF this bill, and intending TO vote for IT, he emed
II due TO himself and the House to state the reasons
which induced him 10 do When he voted against
the postponemen, he did to enable the friends of
the bill to preseD, II in such shape, and with such re-
sriciions as would secure the main object and vet
guard against the many Inconvenience which without
such restrictions, il would create. He would now
vote for the posipopem ent, bur sganst a proportion.
10 amend oil the gen lemen OF Amelia and Mans md
because he wished all occasions me- every ouss
uon-aod particularly Ibis quesiion-upon it, M rits
The motions, however, 10 except Amelia and Nause-
mond from the epen action Of tn, law determined hi.
present course because The lew, if useful should be
general and no, par'iaand he not willing TO adj
NIT that the attornies OF courts, however merisiio
were IN the main, more than those OF her part. OF
virginia. Being induced ty these consde aiiops TO
vote for the pos'psnement sll he bad WISH ifeaso
The motion to postpone should prevail to shelter lin.
self from responsibility for his opinion as TO
the merits OF the bill. He felt bound state that h
should vote Against IT, in its present unrestricted state
For this determination, he would briefly state his rea
sons The provisions Of the bill were so general, thai
1t extended to all csses Of creditors whNher resd- nj
or ident, who collect their debts through aor
mes IL seeks to destroy the power OF atornes to col
fhaU haua
meni az d execution. 1t closes all power roI
the Judgment whether the plaintiff be pre-. ent con.
troll II himself, or whether he be absent and unable TO
do 20. And il requires that the Sheriff shall rot paw
over the proceeds Of the Judgment TO the counsel IN
lees by virtue OF a written authority. The judgme mt
closes the power Of the attorney the case aud all
his future authority, however necessary, be de-
rived from written order. While therefore, this Ia "
would in some instances operate enefcialy its gsnsr
al effect would be mschievous and highly inconv emf
ent-not to the aorDey,-for il was not material to
him " whether he collect az attorney, without order
with onebut first to the creditor, and secondly TO
the officer. II would operate to the Inconvenience
the creditor because this law would create endless
lay in the collection Of his debts after il has been
by the officer. For, let il be remembered, the Sheriff
is not hound 10 lock to the OF the to know
10 whom he is just Ted in paying the money, aud
'horzing him to pay over the mrnsy TO the attorney
But he IL to look to the written order which is present
ed him for his jushc alton, end thus be comps He'd to
give up the certainty Of cord proof for the uLcsr
tain and insecure evidence Of written order The
fret question with the Sheriff then il, whether the
"
order be no, genuine, he pays the money In his own
wrong And hs ascertain this fact only by his wD
knowledge OF the hand writing Of the plaintiff or by
proof OF subscribing witness. Of the hand writing
OF The plaintiff. SUPPOSE creditor from Norfolk, Phi
ladephis Baltimore send his debts for collection
an attorney 10 Virgins; the law is. his attorney
receives the money when made and RENTS il to him
But this bill prevails, the creditor must give a writ.
ten order He gives the order and IL il presented TO
the Sheriff And he would ask how the Sheriff wa. to
know tia II wa genuine, He did not know he plain
IN, nor his handwriting. What must the attorney
do? HI is bound prove he sufcieney OF his author
ty. lie prove the hand wTnting; for on that point
the officer must be placed in state OF certainty To
do lhis, worss must he brought rom great distance
and al great expsnce, to Prove the execution Did not
every TIA. IL Sheriff was 20 incIined-and
there were sometimes ho'e who would re glad 10 DO 80
he could retain the money as long he pleased, TO
the vexaon II the creditor? Bat should the officer
doubt whether the order be genuine. by what me an.
could the question be determined! BY none, exc ut
motion be made to the court in which Judgment was
rendered, against him or falling 10 pay, which would
he vexstious and expensive. But II the Sheriff be de
nqnent what would be the consequence! demand
must re made by creditor residing ont Of the coup-
~, Tor money made on execution. b fore n motion
could he su.tsned (he creditor residing in New.York
Philadelphia, Baltimore, Richmond or aDy other dis
iant place. could not onvenieny make ii in person)
the demand must have been made by the attorne v: |
and by virtue Of the written order. To sustain thin
notion the authenticity Of the order must be proved bv
witnesses drawn from ho'e places unless by accide MT
some person IN the county should know the band
Ing This would be attended with great expeDcs and
seemed an insuperable objection to the hill Such be
ing i's' ~ cts upon distant clients he would now ude
its effects The off :er' II would place them under
great aud fearful responsit ility, which he thought
eh0ud not exist. IA the law stood, the officer
before remarked looked 10 the records Of the court
and then found unerriDg proof who was authorized TO
receive tho money. BY this bill, that security was
he Had N r.I., ~