Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-12-06
TO TIE EDITOR or TIE FHeUIRfa

have noticed, with much concern, the agitation VI
the public mind, in relation TO the present pecnniaf,
embarrassments Of The community This stale o.
things is always accompanied with the promulga d
various specifics for The evil, which are with confteno
given out nalbe remedies, or, Of least, most cef
rabe alternatives Of the dstress-And the calamis
is general the public mind is always open TO The co..
sderaon Of each proposal, and all have their advocates
who are confidng in their salutary effect. conc"
with you, that the best state of things which can e1
and the only certain remedy TO be found in unti'S
industry and rigid economy leaving parties 10 contract
TO make their settlements, according 10 the e1iSt"s
law of the land. But, az there is much difference {.
opinion the subject, and, the action OF Tie LteH
la;ure s unavoidable it is matter Of no small momeH'
that that action should be- at least, little hurtiu "
possible. There are many evils, Of which JUS. con
plant can, and ought 10 be made which exist and"
the laws, and, legal measures, ought 10 be much ~
dihed, if not altogether abated. The legal renfot'
against delinquent debtors, ought to lie SIMPLE and
tain, and must be so, whenever credit IS TO be ma MA
ed or the rights of property secured This is ~ Is
bu: great good The mode Of enforcing the inv,
the collection Of liabilities and debts, is lair subject
argument, and may be just or oppressive accotdns
circumstances.
am satisfied, from patient investigation, that Tie -
ectons TO our present system are numerous ana 10
surmoun;able-,ha the greatest aggravation o. ~
caamities, which the public now suffer, grows "u' q
the oppression Of the debtor class, in the process
collection Of debts, both IN the progress Of the su 81
The legal remuneration Of The officers employed ~ W.
duty. If any person will make a calculation o. y.
costs and commissions Of sheriff, which ore P''
any county of this State in the course Of III if'
it will be found greatly to transcend the whole N!
to the public revenue of that county, for The samr
rod. The enormous commission CT the sheriff, on l
first xec uton, and then the second commissions W.
he receives delivery bond, which includes
first commissions, and all the previous costs-'s,N
with the full fees paid him for every specific c'..t
fha into nail
in the details Of the debtors distress. All OF these
made Immediately payable, under execution, aho y
officer is made his own paymaster, aided by the s.
arm of the law The practice Of farming the shera'
to deputies, who are made So in virtue OF the ny"
bid made by them is direct incentive to saic ceP"
to increase litigation 10 the highest point and "he'
the disposition exists, the law gives ample power !"
come oppressive. The commissions oil Inc sHt''
should he abated at least one half Where dt'"
bond is given, but set OF commissions shouo
allowed and thus. the property OF ceotors, ins,f'
being frittered away 10 enable The man VINO mas p''
Office to save himself FROM loss and make profit: ".
be applied 20 the payment of the honest claims Of
iuyed creditors Many absolutely insoreh Il
every claim but the costs, and the creditor looSs
with dismay, whilst the whole Of his debtors o's
melt away in compensation TO the ministers Oh
law, which was avowedy made 10 enable nun
realize his just claims. If 10 escape this e'n
debtor seeks to secure his creditors by deed OF Nv
here again the commissions of the trustee make ms
fol havoc in the funds arising from The sales.
evils are within the reach Of legal reform, arc
loudly for The attention Of the Legislature oil 's
When in any county i've hundred suits are o,o"E5 gu;
one year, the average cost being assumed to be
each suit the appalling amount of sl2,5Co j. ' ,o
from the most needy class Of the communIyi
least able TO bear it, for fair but not mmo.e
compensation TO those charged with the eseeus a5r
lepai trusts AS relates to the stay law ~ Ie +:
can onIv saw. that have but little confluence ~ o
wholesome operation-but il may be made less ml'."
Gus by iudicious modification and II II Dc NJ"