Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1831-02-10

Remarks of Mr.. GARLAND Of Nelson. on The
motion - indefinitely postpone the Bill con>
cera.ng Counsel and Auornies
M. GARLAND, sail, that having waited a
former occasion against lhs indehnite postpone
meut OF the bill nnaer consideration, aud inten-
ding to vote for the postPonemsmt nov, he
deemed it duty which he owed 10 himself
aud 10 the House To state as snccinc1y as he
could thu reasons which influenced his course.
When the motion was mBle to postpone III. bull
he voted against TIA poslponemeni. moi because
b" was sairllsd with iis provisions. bul because
he was willing 10 afford 10 ia irlenIs the OPP
portunity of pcrfecling the III. SO as 10 prevent
the evils intended 10 be retnsdied, and AT the
same tine guard against Tho great incons'-
niruce ADD difficulty which the bill as then
framed, was Calculated 10 produce, lilo had,
he sad, another reason which Influenced hun
10 voc az he id--he was always willing TO
meet every question OF general importance on
IS merits, aud meet ihs responsibility winch
nj. vote incurred. Mr. e. sad, he should
VOTE AT this tame for the postpOnemant--hrs,
beCd1,e Il the bill as merltorioa,, II should not
be InruInhtTei with the amendment VI The
gentleman Dom Amelia, esempiing The aito''
mes, practising Ia the courts vi that county,
from II, operation for he was opposed ~ the
locai aud par ial operation of general lrws-
secondly, because the irirnds OF HE bill mol
having my W ~ hf
was opposed the esten' oi is provisions, as
haushi with dfeulty aud nvenienee to
cIrdI ors.
Nj. Garland said, that when the gentleman
from Brunswick offered his amendment, pro-
posing TO conhne ihe operation OF the bill 10
ca ses where The creditor resiied ~ the county
ia wlich 'hr Judgm ut was rendered. he yoied
Tor Il. and would nave voted Tor its passage, be.
cause hr saw no reason why an Attorney SHOULD
/ ,,,th ri
| commission for the collection, where the client
could'as conveniently receive II himself, aud
iDete necessity for .he interference vi
thr At orney.
Nh. u SAID, that ms the amendment did not
prevaIi, he was let 10 vote apon the bill in lis
unrestIaiued form, aud shohid vote against it,
He said, he was opposed 10 the bill, because he
regarded il as iinught with lucalGuiabir mis-
chlrf-not rs il affected the personal interest Ut
the Attorney himself, ivr he could receive mo-
ney ms well On the authority oi an order rs on
me iudgmenl--but as IL affected the couycni.
encc Of or dltuis, residing at a distance from
their deL,Ots, aud the convenience and respon.
sihi'ity o. collecting officers. This bin, he sal d.
goes ~ restrict ai.ornies from receiving money
on any debis placed III their hands for coIlec-
ton, on which Judgments IN, recovered, except
by auihDr,Iy OF Ia w'Itten 0fdrT from the credi-
tnl. lnr Inconvenience aud vexalion of sach
a law 10 distant creditors who have placed
thelf debts IN The hands ot attOTnios for coiteC-
| iion, will be oppressive Ia the extreme, because
il " i'll cuabe specul tling officers 10 holi money
r. cered on executions tor such cledI urs al
pleasure--ths Jdlg met which now gives the
authority will cease 10 give ii. and the future
authority to collect viii be derived Ilou mo
wIi,teu order-the sheriff then, Is 10 look 10 the
order ltsef. as securing his safety ia the pay
mcnl oil the moaey, and musi necessarily be
| Eab hal hp mr. Ter -. he,
to be satisfe ! vi the authority al SUCH order
particularly when drawn by cred,lo, residing,
perhaps in New York. Philadelphia or B.lu
! more, aud whom he has never seen aud does
| not know lhi3 want q! certainty, on the part
of the sheriff OF officer. would afford cu,nplee
| justification 10 hun IA Withhold ting The money
unul he was clearly aud indubnably satisfied.
! il ma, also he made an excuse, on the part Of
| Officers nellned 10 ietaIn the money, to be very
dnhcut 10 satisfy aud no Doubt viii lreonentl,
| he done. What rrmedy viii the creditor have
| in such a Gaze Tie must elther come on
| himself, send witness, " no knows his hand
! wrIi,ng u prove the execution of the order
| To ruabe his torney To draw the money from
! the officers hands. The length OF time necrs-
say To do This AMI attendant expense need .oi
be stated but II Ia witness attends, the office r
NAV ttlli refuse, aud The cIe1itor driven TO the
necrssity OF a motion h- must then have a
witness in Attendance to prove the execution vi
tie order in Codri because, as the creditor Ie-
sides out OF the couny. demand must be
IN AIDE OIL the officer, before u motion can be
sustained for the recovery OF the money The
| Attorney can only make the demand GA the
| authority OF tne order the necessary copse.
ouence IS, the order must ue proved. The yex
6:ion, delay aud oppression, which such a
state OF things mnsI itoi"ce. would be in.ufier-
able Another etteci vi the bill, wall be o place
| the collecting oihcer IN state of great and
~ reasonable responsibility because If he lays
toe moGey 10 The ordei, he IS TO look TO The OF :
der for his pot ctiun against ali suGsequ enl
domauds lot the same debt. Ii then, in tho
lapse OF IiHe, a credIor should he base enuug IA
10 neny the drawing oil the ord,r TO winch the
money was paid, the sheriff is Coinpelled 4,
Prove the e1, cuion oil the ord r, to shew that
| lie was jus ii tble ia paying the money to il !:
/ this where ,he creditor resided AT n Consider.
able distance would be generally difficult, and
sometimes imp lssibls, aud tho officer on e,ery
| failure ofprnoi NV oIsed with the seconI nav
menl Of fh1 debt. lhis state OF responsibility
! IN all cases wnere the officer had no personal
knowledge, ~ouli drive him TO carry the IN oney
into cout or sulier motion, for IN no Other
way would he be sale.
MI, q. said 1t would produce inconvenience
to tue unfortunate debtors, because it often
happened that in the absence Of creditors ,h.v
sought the Attorney TO pay him the money. 10
save commission but Il this bill passed, in all
such cases the money eodld have to be paid TO
g. officer, and the commission with il, which
" Guild 10 most unreasonable.
| BaI il is said Nv the gentleman who advo.
oates this b, that all this Inconvenience MAJ
he remedied by the execution Of powers Of
Attorney from clien,s TO their totnies lam
sure gentlemen cannon regard THIS as a suff; ri.nt
remedy when they consider the iacouyeni.nc.
aud e1pence Tor cl'rk's fees, county seals, &
attending the execution OF power which mus,
be recorded to make Il sufficient and ,ha, too
for the collection ollitle debts.
The gentleman fton Piusylvsuie argued