Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1843-02-09

HOUSE or DELEGATES.
MONDAY, Jan. 80,


to-:
BY Mr.. Smith, Of Fauquier, that the
Committee tor Courts Of Justice, enquire
into the expediency OF providing for the
speedy and certain trials OF appeals from
magistrates judgments, by transfer OF
the same 10 the office Judgment docket oil
the quarterly terms, or IN some other
mode, which, to them may seem expedi'
eDt.
By Mr.. Brawner, that the Committee
70. Courts Of Justice enquire INTO the ex-
pedIency Of amending the law authorizing
the taking Of dispositions before CommIs
sioners.
| By Mr.. Hopkins, Ins.ructing the Com.
mittee for Courts OF Justice, to enquire m
to the expedency Of requiring the Judges
Of the Circuit Superior Courts OF Law and
Chancery to exchange circuits every
year.
Mr.. Moore, of C. and W., moved to re.
consider the bill passed on Saturday, to
increase the allowance TO witnesses. The
House agreed to reconsider. Mr.. Moore
moved 10 amend the bill by striking out
the per diem of rs cents, and inserting
SO cents--when Mr.. Tavenner moved the
indefinite postponement Of the whole sub.
ject.
Mr.. Tavenner argued at length against
the bin. He contended. that by Increas.
ing the costs in this manner, you virtual
ly deny justice to the poor man. The
rich will always have the advantage over
the poor, because they (the rich) can al
ford to pay. Agan-you will increase
litigation -becsuse great many persons
will find il TO their interest TO stir up suits,
in order that, being call ,d'on as witness.
es, they might pay Their own expenses IN
attending to their own suits. II will, also
vastly increase the burden upon the Urea.
sury in public prosecutions. Mr.. L. de-
tended the "Iawyers" against the taunts
of the patrons oil this bill.
Mr.. West argued that justice demand
ed the passage of this law. The gentle.
mans sweeping argument impeaches eve-
; nv man who is u witness.
Mr.. Moore, of C. aud W., warmly re-
piled to Mr.. Tavehner's objections. Mr..
Moore called the previous question and the
ayes and noes.
The mu,ion for the indefinite postpone
men. Yves lost, by the vote Of AYES 80,
noes 10.
Mr.. Tavenner was in favor Of retaining
IS cents as the per diem ; but was oppos-
ed 10 the mileage. In case OF man S
| 4 I'm.
mileage will be enormous. creditor
had better give up cluiin oi 500 or even
500, than encounter the costs vi nigga
non.
The House agreed to the amendment OF
Mr.. Aiuore, Of e. and w.
Mr.. Rob ns moved to amend the bill by
oidluv o, Tue end of the irst section, ''pro.
vtded that not more than 81 00 per diem
shall be allowed to each witness liz each
county," Agreed to.
| Mr.. Cowan moved to inser, "l5' in.
stead Of 40" miles, beyond which tour
cents per mile shall be allowed. Agreed
10.
Mr.. Brawner moved to amend by al
lowing to grand jurors the same Fees
Lost.
On the question OF engrossment with the
amendments, Mr.. TavenneI called for the
ayes and noes, as he wished it to be known
that he and others, who had opposed the
bill, would now that it was alnrnded,
r vote for il with great pleasure. The bl
was ordered TO its engrossment by the
vote of ayes l02, noes 7.
The Speaker laid before the House
communication from the Governor, en-
closing statements Of the Exchange and
Farmers Bank.
:, A resolution from tho Committee on
Militia Laws against the expediency Of
dispensing with uniform for officers below
the grade uf captain, except III tI'nos u
war, was taken up.
Mr.. Hopkins moved to reserve the decl
sion Of the Committee, and gave his views
AT the suggestion Of Mr.. Watts, the re
solution was laid on the table.
The following resolutions from the Com
miuee of Roads, &C., were agreed to-:
Against, the petition Of Jacob Lorentz
for an alteration in the width of the Staun
ton and Parkersburg road passing through
his land--and against the petition Of clll'
zens of Harrison and Lewis counties, TOT
a turnpike from Clarksburg 10 Weston.
A resolution from the COMMITTEES io'
Courts OF Justice against allowing coroner'
mileage, was agreed to.
On motion oil Mr.. Kane, the House I'D
journed. -, .,
The following resolution was agreed TO-
By Mr.. McRae, instructng the Com
mittee of Courts of Justice TO enquire into
the expediency of repeating the act con-
corning apprentices bound out by over
seers Of the poor, passed 9th April, 1889.
The order Of the day was read being
the valuatlon law reported by the Special
Committee, with the substitute OF Mr.
!, Brown, of p, which stays executions by
requiring longer notice than is now requir
ed by law, for the issue Of final process.
Mr.. Daniel, Of Prince George, moved
, the indefinite postponement Of the bill ane
, substitute.
, Mr.. Daniel proceeded at length to giv'
, his views against the law.
Mr.. Edmunds, Of Halifax, asked thu
gentleman from Prince George, to with
draw the motion for indefinite postpone