Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1831-02-02


On motion OF Mr. Garland of Nelson, tho House
resumed the consideration nf ,he Re-olu ions from
the Conni,ttce of Courts of Iusticr Oh County CIR
cult and Chanccry Courts
MIR Gilnicr. entitled tn the floor by Parliamentary
usage, rose and addressed the House ut lrn,th, in
tavor OF the Report Of thu Cnmmrer
Air Gibson followed on the same side. and occupied
the toor until near the usual hour OF adjou;uing
When lac concluded
On mo'ion ut Nj Mcfarland,
The House adjourned.
Remarks OF Mr. GARLAND OF Nelson. on The
motion Ia indefinitely p, stpone the Eli concerninr
COUNSEL and Attornics.
Mr. GARLAND said, that having voted on former
OCCASION asans' thc indefinite postponcrncn, of the
oil under consideration and ntrr;ru n vote for rho
postponemcut now. lie deemed IL a duty which bo
owed tn himself aud tie House to 81 ac rs snccinc
as he could the reasons watch influenced hiss course
Whcn the motion was made Ia pos pore tie bill he
Voteu against the ppstroncmcHt. not because he was
satisfied with Us PROVISIONS, hut because he va will
ling to Afford To It's friends the Opportunity uf per
ing the bill, So Is 10 prevent Ike evils INTENDED to be
remeded, and at The same time guard aroinst the
great inconvenience and difficulty which the hill as
then framed, was circulated 10 produce iIr had,
he SAID, another reason which Influenced hin. e. yo,,
as he did-he was always wiling 10 uncc; every gncs.
ton OF general Importance ITS merits and meet the
responsibility which vu:e Incurred MIR G. sail
he should vote ut this time for the p1stronemnut-
first, because IT the hill mvr.torIuuS II should
not be incumbered with the amendment of the gen
tleman from Amelia, exemptug he attnruICs prnSi-
sing IN the courts of that county, FROM ~
for he was opposed tn the local and partial nueraon
Of general laws-secondiy, because Ihr friends of
the bill not having Introduced any annninrnt 20 y.
he was opposed TO the extent Of is pruv!.iuns as
iraught with difficulty and inconvenience" Ia cc..;.nrs
Mr.. Garland said, that when the acn,l.,na, from,
brunswick offered his ameuinnnt, rrupnsr, 10 can,
fine the opera,iOn oil the hi - 90 r w,,re he crc1
lcor resided, in The county II Nhc, The rlacri was
rendered, he voted for H. and would lyr 4, ed for its
bCcliSe n M
should receive the money OF his client AMI CHARGE y
Commission for the collection, where the client could
as conveniently receive himself and there was no
necessity f.r II. Interference Of The Attorney
NJ q. said, that as the uU,"ndYirnr did not prevail
he was LETT 10 vote upon tho bil in rs unrest aimed
form, and should vote ssains, il lie said he vas on
poSed 10 the bill, because he regarded a. Erauuh
with !ncalcu!Gbe m!scLiat-not as It affected The
personal iatercs, Of the Attorney himself FIR he
conId receive money as well on the authority oc an
order the judgmcn-bnt as Il, aG;:c ed Tho
convenience OF creditors residing a; a distance from
their debtors, and the convenience and responsibility
OF Collecting officers This bill he said goes To re
strict nttoTuics from receiving my OF any debts
placed in their hands for collection on which ,ndp-
ments are recovered, C%cCp' ~ authority d written
order from the creditor. 1h, Inconvenience, and
veXatinn 81 such law IL distant cred " In have
placed their debts IN The haCdr of cttCrlcs for col
lection will he oppressive in the extreme because If
VIII enable Specializing officers hold money rccci
vel on executions for such creditors pleasure the
Judgment which nov q ' 5 ;hc authority vii cease 20
give It, and the future AUTHORITY - coll,c, wi, no
derived from the written order-the sheriff Then &c
TO look 10 I'll" order ItSct securing his snlv IN
the payment oF the money, and must nrc,,aarilv n,
clearly sIiish ID that the order Is Gruu ne I[iw Is
he to he satisfied OF The altEnrv OF sur, order mr.
ticuiarly when drawn By creditor resiInp psrh,pa
IN New IDrS, Philadelphia o! Z ltim,rc AMI vno,n
be has never seen and docs Mt know? This want of
certainty. on the par: of tho sheriff or oc, wo,ld
afford complete ius;i.i alton 20 him IN whanIi,p,
hp r. and i'll, IA
lied. IL my also be made an excuse on the mart of
oHicefs inclined to retain he Money TO be very diff
cult TO satisfy and doubt viii frequently be- dom,
What remedy Will the crHi.t " I'VE i'm s,ch c,sco
lie must either come himself or send n ,y,,noss
who knows his han! writing, 10 prove the OK ,c,r,,n
Of the order. 10 enable his Attorney to draw IN. n, .
ncy from the officers hands. The Length of time
necessary to Go this and atcn1an, expense need not
be stated; bu, II witness attends, the officer my
still refuse, and the creditor driven 20 Tho occ,ss
OF motion: he must then have n witness in at.c2.
dance to prove the execution Of the order m cont
because, as the creditor resides on; of the coun'v n
demand must be made the officer bei,re p,ntion
can be sustained for the recovery of the money The
Attorney can only make the demand on the authority
OF the order: the necessary consequence is the ordc
must be- proved. Tnc vexatron, delay and oppression
winch such state OF things must produce, would be
insniierabIe Another effect Of the bill will be Z,
place the collecting officers IN state Of rrcat and
unreasonable responsibility; because if he pnv, tho
money to the order, nc to look to the order for hi
pr" cctiOn against all subsequent demands for the
same debt II then, IN the lapse of TIM, creditor
should be base enough to deny the drawinp Of the
ORDER TO winch the money paid the sheriff r.
compelled 10 prove the execution of the order
to shew that he was unsuitable in pawn, the
money to 1t: this where the creditor resided AZ
derabe distance would be generally difficult & some
times impossible and the Officer on every failure of
proof involved with the second payment of the debt
This state OF responsibility in all cases where the Officer
had no personal knowledge, won dive him 20 carry
the money into court suffer a motion for i'm no 9th
er way would he be safe.
Mr. g. said 1t would produce inconvenience To the
unfortunate debtors because il often happened that
IN the absence OF creditors, they sought The Attorney
20 pay I'm the mony, to save commissions but if tbi.
Dill passed IN al such the money would have In
be paid to- the officer and the commission viii, il
winch would be most unreasonable.
Buth Is said by the gentleman who advocates this
OIL that all this inconvenience may be renedcd h.,
the execution Of powers Of Attorney from clients t
then huornies. am sure gentlemen cannot rcporJ
THIS as a sufficient remedy when they consider tic
INCONVENIENCE anh eKpence for clerks fees count,
seals, &c attending the exec uon Of a power which
must be recorded TO make it sufficient and that too
Tor the col ectIon Of little debts
The gentleman from Pittsyvania argued that "a
the law now is, as settled by tn Court of AnneaIs