Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-12-08

sonmcni FOR debt, and TO the amendments Of the law in
relation IL final process on judgments, 81 10 10 reach
tie real estate, aad chooses IN action Of tic debtors, lie
referred to Tic committee oil court: 9! justicc. Agreed
TO.
Mr.. McCo.SrLL moved, sthat This House WILL, on
the 10th instant, by joint vote with the Senate, 70 into
an election of Brigadier General Tor the lOlh brigade,
TO fill the vacancy caused by the death OF Moses NJ.
Chaplin, Est.
Mr.. WILLIAMS moved, "that the Cnmmitte of Courts
Of Justice be instructed 10 enquire into the cxnediency
of so amending the law, respecting the granting Of APP
peals upon judgments, obtained before 4 magistrate, as
to allow any justice Of the peace 10 grant tn saiGc.'
The same gentleman also moved, ''tllat the Commit
ice oi Courts Of Justice be instructed to enquire into
the expcd!cncy OF so amending the law respecting SUI
pcrccdeas, so that if n Judge, al tie General Court, re-
fuse an application for a supcrccdeas in reaction, lhat
he be authorized TO endorse his refusal upon the re-
cord, and that his opinion may be reviewed at once by
4 Judge Of The court of appeals, as in the case Of a re-
fusal TO grant inlunctions.' Both agreedto 10.
Mr.. LEyBuES presented n bill 10 incorporate the Ches-
ter(cld coal and iron mining company.
Mr.. ScorT presented II memorial from the %Fauquicr
and Alexandria Turnpike Company, asking the extern
sion Of time for a lottery granted to them some years
ago.
of Justice be instructed to inquire into the expediency
of changing the time Of holding the election of mem
bcrs of the Legislature of Virginia, and members OF
Congress, from the time now prescribed by law, 10 tue
several court DAYS in the month of April, and that the
said Committee have leave TO report by oll or other
wise.
MIR. MAY thought HE consideration Of this mattcr be.
lonred TO the Commit,c &c Of Privileges and Elections
The Committee on Courts of Justice were already over
burtlen ned with business, and while he was up htwonld
take the opportunity of stating TO the members Of that
committee and to the House, that the room adjoining
the gallery of the Senate would be ready to-mor pw for
the reception of that committee, and he would request
the attendance of the members and OF all having bust
ness before them at 10 o'clock.
MIR. GREGORY was aware the ommittc ofPririleges
and Elections was the proper one to have rerrrcd this
matter TO, but as he was n member of the Committee OF
Courts Of Justice, lie could attend TO this Business If II
were refer red to that Committee, without nglccting his
duty as n man.
Mr.. Brrrs observed that the same resolution was
sent TO the Committee of Privileges and Elections last
session, and was unanimously agreed 10. Notion agreed
Mr.. Baowy of Preston presented a petition asking
that Thos. Meay and his wife, free negroo, should be
permitted TO remain in the State.
MIR. THoMrsoS presented documents be used as
evidence in the contested seat for Louisa ounty.
Mr.. WoRTuISGroS presented certain do umcnis rela-
tive to the Baltimore and Ohio Railway C,mpany.
MI. SrrruExsoy ofTylcr asked leave tovithdrnw the
petit on presented last session by Iholas Prickett,
prayinp for n divorce, and now re-prcsentd the same.
Mr.. STEPHENSON proposed that so much fthc Cover
nor s Message as relates to the laws r~egulain5 the cleo
ton Of Electors of President and Wee PRECEDENT, he re-
fcrrcd 10 The Committee Of Privileges andElcciions.
MIR. T.YLor OF X. G.. would ask MIR. Stephenson TO
Withdraw his resolution. The Coniini;ec Of Priv
lcres and Elections had already 50 inucl business be-
fore them, that il was doubtful whether lt:ou!d be dis
posed of in six or eight weeks 10 come. gentleman
near him had proposed 10 refer this business 10 Il Select
Committee, and If the present motion were with.
drawn, the motion for a Select Commute will be pre-
scented at an early day. Motion Withdraw.
ELECTION OF PRINTER.
Mr.. RoBERTsoy, after a warm %eulogirn upon the
present Public Printer, (Mlr. Shepherd,) proposed his
reelection. Elected, unanimously, on Joint vote.
Number of votes gwen, loo.
FREDERICK ELECTION.
The following report, received on mtlon OF Mr.
MAY, was read b. the Clerk
That il appears that Richard +. Byrd, ISL. has 4 re-
turn or certificate Of election given 10 hGm on The
both of April, $50, by George Lynn, ilih Sheriff oi
the county of Frederick, and that James ;athcr, Esq
has 4 like certificate, gwen 10 him on ihe'ame day by
George X. Long, n Deputy Sheriff Of SD county
both Of which are in the form prescribcdby law; that
the Deputy Sheriff was the officer who cnducled The
election at the Court House of the county that on the
day when the poll books were TO be cXai med, il was
well understood between the High Slerlffand his De.
putty that each claimed the right 10 give tn, return, and
the casting vote, il one were TO be given, and that they
had voted differently in the election; tint the High
Sheriff posted al the Courthouse door Tie certificate
of election 4 few minutes previously 10 lie Deputy
performing tie same act, and that he gavothc ecriifi
cate to Mr.. Byrd a few minutes before Tho other was
given 10 MIR Gather, both being engaged ittlc exam
nation Of the polls, &c. al The same Elomert-
Your committee are Of opinion, that ~tlnbficcr VIII
conducted the election at the Court Ho,se, and WIZ
is directed by law TO take an oath spcciall2to perform
that duty, is the proper officer required blythe law, t
compare the different poll books, ascerlaii The result
give the casting vote, if the state Of the 9olls justify
il, and give the legal certificates Of election: and tia
while a Deputy Sheriff Oiaving with The sanction o
his principal, conducted the r!ectIon) i~lengaged il
pc reforming and completing the business thus begun
it is not in the power Of the High Shcrff, who hat
taken no such oath, 10 i~nterpose and pre1ent the DE
putty from the full and complete performance Of the du
" cast upon him by law, and undertaken nth the sane
ton, if no. by The direction of his princiTsl.
Rcsoirsd, therefore, that James Gather Esq has oh
tanned the legal return or certificate Of .ecilon, as
member Of this House, from Frederick cninty, and is
for the present, entitled 10 take his scat.
Mr.. MAY, in order 10 suit the conrficnce Of al
parties, moved that the above report be lad on the table
and made the order Of the day for to-motow. Agree,
Mr.. DoRxAy would now move that wien The Hous,
adjourned to-day, they should adjourn L meet to-mor
row morning at 10 o'clock. Agreed to.
On the motion Of MIR. LEYBUGs, the Gle steriield Goa
and iron mining company bill was rcadi first time.
Mr.. Cox would move 10 suspend tn rule Of th'
House which for5ids the reading Of m ibill twice OF
The same day, in order that this bill miga be read 4 Sc
cond time.
The bill having been read a second tinr,
Mr.. sMrrn OIL of w, objected 10 lie las, clause i,
the bill, empowering it TO be in force 70 80 years. Al
companies were limited 10 a much lcsS time Ivy a re
neral law, and he did not see why this 1ould be an tx
ception.
Mr.. Cox said that to the best Of his recollection o
the general law, companies were incorporated for 9
years, but al the expiration Of > years Scrc subject I
the action of the Legislature. In this csc MIR. Cox dc
tailed many special reasons (of no pb!ic interest,
why they should have the full grant Of 30 years
Agreed 10.
On the motion of Mr.. MULLEN, the House adjourn
ed.
Saturday, Dec. 3M.
The House met this morning at 10 o'ock.
MIR. WILLIAMS moved, that the Coindiitee Of Court
Of Justice be instructed 10 enquire intothe cxpedienc,