Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-02-02

| 49, svs,em. and The debtors in the Common wealth
will save, year, at least TOUR hundred thousand
d,lsrs which sum is forced from them in unjust
and unnecessary costs an amount nearly equal 10 the
while revenue OF the State.
Mr. Soeansr arrive n this conclusion from the duin
afforded liz the p"s ~ 'hr clerks OF The Circuit Sn-
,erin- Courts o; Law and Ghancsry showing the rum
e, of suits decided from the 53h Of August, lcli, IL
The ao,h or August, ci2 by WHICH we are informed
thai there was twenty Thousand one hundred and
venty eight suits law decided, and thousand
Won hundred and seventh eight in1 DEGREES in Chan
cery Gao epor, from tic county Of Vayne,) and Will
suppose SIR, that, in the same period, the County
Courts decided ore thousand eight hundred and forty
four quits, (Which believe, will fell considerably *ho',
Of the actual number il will amount in all lry thou
sand decided causes Of litigation. will cadeavcr 10
show which am satisfied can, TO every unpvejudced
and dsnteres;ed mird, that justice 10 the people de-
n,ands that the proposed change should be made
/ If Mr., Speaker, We give The defendant the privilege
to 20 into nj the rendition OF Judgment, and there
rive good security TO pay the debt, lat the expiration Of
the time gwen under the present forthcoming
bond svsteml he will judgment Of one thou
sand dollars the OF forty dollars and thirty 'hree
ccnls--ou iGds men of two hundred and fifty dollars
he will tho twenty one cellars and seventy
lou. ccnis-and n Judgment OF twenty dollars aud
one cent, lie will save the Of eight dollars and
nineteen cents Now, Mr.. Speaker, w:!i reduce The
average and say The amount Of unjust costs collected
+ will amount % Zen dollars Oh each Judgment and II
will clearly show the saving before stated of four hun
bred thousand dollars forty thousand Judgments
MIR. Speaker will again appeal to ell who willing
10 put their profession in Practice 10 60 with me 10
relieve the people from unjust TAXATION IN costs
hope, Sir, iI,e report of the Committee will be
versed, and the resolution sent back with instructions
TO the Committee 10 bring in BILL
SIR HOPKINS said, IN substance, lie would most
cheerfuy for the motion ct his friend from Prince
Watn (Alr D.awner,) because under al! circumstan
ces and any time, il was proposition plainly jast and
r,eh hat n. present. is loudly demanded by the pecu
liar situation and universal emho MS OF the whole
country. he warned he ofPnnc"is Of Stay Law not
10 turn deaf t" any measure ut relief Ike this,
based upan the foundation Of justice, backed by public
sentiment cutting of IN unnecessary and vast accrmu
laon c cost from unfortunate debtors, without affect
ing the rights and remedies of creditors in any manner,
or to any extent whatever. The proposition to ALLOW
debtor defendants to execute bonds wth good security
in court or in the Clerk Office payable to the pla nis
at the time, which judgment could be obtained
on delivery bonds saving 10 defendants The sheriff s
fees and commission the clerks fees and the attorney
fee arising from the issuing and levyIng the execution,
the giving O! the delivery bonds rs now provided by
law, and the rendition Of judgments thereon The
amount OF THIS unnecessary AMI oppressive cost has
been cast up aud made known 10 the House by the
gentleman tom Prince William, and in that paf!icn
lar he has saved the troublesome task oil making
similar calculation Who can justly complain Of the
proposed change in the aw' Not the CREDITOR certsinly
for he vii! not be delayed day in The
collection Of his money. Not the sheriff, because ii
relieves him Of the labor of evyDg the execution, and
Tie responsibility OF taking the delivery bond which
sometime a;xes upon hin and his su.ess liability
for he whole amonn, Of the debt and while it thus
dspensns with has IN these respects il
the debtor the amount OF fees and commissions provided
BE- existing laws compensation therefor The clerk
cannot co.npain because IN MS casr in that Of The
sheriff il cuts # s labor aud pro i,s pay-!ray.
;rr 20 Inn the foil compensation allowed Us law,
for ai the which e he required 10 perform
Neither the lawyer lastly complain, because i,
relieves him Of labor, aud - dispsnsts with the fee
.h,rs, l,,l
10 Plaintiffs Simple, direct, and certain remedy
than crcuiious delivery bonds; and The
dr I. ndan!s saving o cns!s, founded the
accumulated charges al ais. hs and attorneys for
services which, justice 10 suiios, might always ma
baen Dis ae nsed WITH without the slightest mpe
in the prosecution collection Of debts Pass this law
and whenever rdgment is rendered against defend
ant he must either give the bond and security within
The short time, (say ten dnvs) prescribed in tie acl
mr. an execution Will immediately issue, subject TO all
the proceedings and chcrges, including delivery
whch existing laws reqGre. Why not theE give
unfortunate and oppressed debtors the benefit OF these
ailrrna,ives Il will relieve them Of costs without
a smiling the rights ni any human beng. Look 10 The
county cf Buck.ucham where W. have been informed
tie Judgments rendered al the est OF the Clfcni
d Cnur amounted more than hundred thousand
dollars and the costs, Intended by the present PROPOSE
be we'd 70 the debnre would have been, tina.
single county, not less than i've thousand do!ars-uy
equal, imagine. 10 the wh"e revenue Of III" county
, Ii equal amount Of judgments be rendered nj the
next term, hcn the saving a costs, as proposed
would swell up ten Thousand dollars IN single year
= sure need not pursue the atgumen; f.riher, IL
show that THIS emphai,cailg rt!icf asnr.ra r
jast and rratsoGS measure; and sood solitary cG.
ai9oe lis advocate ih's floor, wfud glory my
r,viieaa. and proudly boast OF my position The argu.
msnt upon the merits OF the proposition has not bee u
met neither car !; he. Bat gentlemen have sought
10 mystfy the subject by rcsor; 10 arguments
! 20 SHOW The imprac;icab'y Of the scheme The
gentleman from Halifax, Mr. Edmnnds has de-
clated wi; his usual emphasis oil expression, that the
dca of recurring he 10 take he bonds proposed
IS prcposttrcus and absurd II SO, then have tie WISE
Legislators who have gone before us, subjected their
fame 10 this mputaton; and for long of years,
have all the courts Of our Commonwealth been con-
SANITY engaged in this "prcposerous end absurd"
work. For, the aw is, aud for many years has
BEEN the courts required 10 take the official bonds
ce sherfs, coroners, commissioners o the revenue,
and constables-ihe bonds Of executors administrators,
curntors, guardians, and commit,ees-Djurcton and
appeal bonds, and perhaps many others. These bonds
q required 10 be executed with good security, end
times for vast amounts of nancy. How il then.
that this objection prevail against the policy Ci al
loving courts 10 take Loos Tor comparatively small
saws o money, payable IN short spaces OF time, when
nuCer existing laws sanctioned their origin by the
Of wiser heads an ours, and conecraed
by time aud usage, not on without attempt TO
q aeal, but even without nrrmur oe complaint, the
courts empowered TO take executcria and admins
tracn bands for ify hundred thousand dollars,
has said these bends a's generally executed upon the
oath Of Justification Of the securities, ard ihat n. cny
rates Ii" court 10. liable if the securltes suii
cicn at the lime The bonds ou:sd. So viii
tel! h'm IS The precise liability Of ser'.Ts in taking de-
livery bonds, Tor t'ey not ate. il the security
good when eivem The rule precisely the same
both The gentleman f,om Preston (AIr. B-own)
has said that the sheriff! is better qualified to take these
bonds titan Tie courts because ha knows tie cI'cum-
o. the people better and besides that Ec gives
security wh'lethey do not Now, mark yo, Ar. Speak
er, this objection applies just orcbly to the courts
taxing The ether bonds have enumerated as 10 those
proposed now 10 BE taken by ,aem and 10 carry out
the views Of the gentleman, hs one at to move
the repeal Of The present law, aud require The shers,
III the specified, 10 take The bonds instead Of the
courts. Bat meet the objections Of The gentleman at
upon their correctness in point Of fact The courts
would not, under the proposed change, be compelled 10
jndge alone upon their personal knowledge OF the par.
ties rendered securities, upon the oath of usf
cation; ba! could demand satisfactory evidence atundc
! IN Co T-- iIf, nr.ca