Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1843-02-24
RELIEF,

RELIEF.
Col. BoNDvRANr, the Senator from the Buckingham
District has proposed the following amendment 10 a bill
pending the Senate. which has been ordered to be print.
ed, and which, understand will in all probability be
adopted by that body.
l. BE further enacted, That oil writs OF capds al
soadendur other process personal actions
and all wTts OF facas, OF CGIds al SdtisdcieRdn
which shall issue from the Circuit Superior Courts Of law
aud chancory in the instead OF being made
rcturnabc rules in the several clerks Offices
provided 10y law, shall in all cases. be made ciunnbc to
the int day OF the succeeding IN. Circuit Su
pctor Court of law and chance To be holden for the coun
~ corporation in which the said wrs shall be issued and
otherwise.
. BE further enacted. That all sales OF property by
virtue or m pursuance OF amy whit OF e faeiOs Of
pias al sdtsfacienGum which shall have issued from any
OF the said Circuit Superior Courts shall take place
front door o the Courthouse of the county or corporation
between the hours prescribed by law the rst day
of OF the Circuit Superior Court Of law and chan
be holden for such corporaon and nj no
other time place. unless by the writing both
plaintiff and defendant their legally authorized agents
PTorided Aorerer that such SALE II commenced herein
before prescribed the first day, continued from
day to day. during the session of the sad court respective
~, until completed.
, BE further eaaeted That all sales of property by
motion pursuance Of any OF facas or ca
pas AT sdtsfdeieRdm which shall have issued from any
county corporation court shall take place the from,
door of the Courthouse of the county corporation between
the hours pscrbed BY law on the first DAY OF some
quarterly court be holden for such corporation
and other time place. unless by IN writing
sgents.
!. Be it further enacted That all motions on forfeited
forthcoming bonds in the county corporations courts
shall be made the quarterly SAID county or cor
pOraton, and other time.
Col Bcndurunt introduced this amendment, with brief
and emphatic alusion to the times and the fghfu dis
css which PeEvsdes the whole country. lie remarked in
substance:
That many gentlemen opposed 10 a Stay Law on
constitutional grounds; that the proposition he then
presented the Senate free from objections was
merely change of the remedy in civil a,ton but would
give great relief TO the peJpeand commended that patriot
ism called for acton upon the subject"
At his instance the usual number Of copies wCro ordered
to be printed.
TIE cSeet understand Of Mr.. Bondurants amend.
msnt will be, that in the Superior Courts debts will be col
lecfed in an average Of years According TO the
present system, year may be taken a. the fair
In the county and corporation Courts BY the laws
as they stand, where the Courts regularly Try the docket
about nine months necessary make the money The
proposed amendment will probably prolong the me by
from three nine months II it also provided that in
the county and corporation Courts should not he tried
at the which they put the docket i, would
move nearly equaize the time in the several Courts
This proposition obnoxious to the objection usually
urged against what called Relief Stay Laws That
objection i drawn from the provision of the Consn.
ton. prohibiting the Legislature from passing any law
imparing the obligation OF contracts Without attempting
critical analysis Of the elements of this reasoning it
Of contract consist Is it he iound in the remedy pre-
scubed by the Legislature enforcement, or in the h
gal proceedings required give effect the rcmcdyl To
impair the obligation Of contract, change the rights
OF the parties nsceraned By tho contract itse-by Ia
king from, adding For this view OF the subject
the Legislature has just power enlarge than to
diminish. Over the rights OF property to be claimed and
enforced under the the Legislature no power
that il to say, if a promises pay $780, no law can
constutonaly that shall take less pay more
than the stipulated sum IT, however does not perform
ms contract, only enforce by law, and can it be-
has 1t been supposed, that not both the
right and the duty OF the Legislature provide and
prescribe the remedy And that therefore they have not
ponay power the subject Were So in refer.
every contract the precise law stood at the time
OF making the contract remain the law without ae
ration. The Legislature could change the general u.
dicia system alter the times of holding the Courts;
introduce the smallest difference the practice of the
Courts Both parties equally entitled the protection
OF the Constitution, and if the provision respecting the i'm.
pairing Of contracts, may be fairly construed extending
to the remedy, under the legal AXIOM that the law part
OF every contract, does follow that the Legislature
would he deprived Of it, necessary and Legitimate
powes' Or II they made any changes, there would be
different remedies for Of the class1
The Constitution regards only the substance leaving the
FORM the practice, the sound discretion Of the Ie
glslaurc When the Legislature raised the of inter.
ct from to per cent in relation aneceden contracts
the interest remained at per This was Of the sub.
stance Of the contract and So If the Legislature should
reduce the rate below per cent it could not affect
previous contracts. But when the old District Courts were
abolished and the number OF the Judges nceasedo when
the present system introduced for the nyowcd object
in both instances, Of rendering justice speedily was
itthough that the Constitutional power wanting to do
sol And is 1t not clear that il the Legislature Gcee
Tde they also by parity Of reasoning, reard the
cation Of contracts by a course Of lawl
There time when the Hastings Court Of Rich.
mond had jurisdiction unless both parties were inhabi
ant- The jurisdiction Of the Court enlarged and par.
ties made liable be sued there who could not there be
sued when the made Was this law unconsd.
tutona1
b. former laws, poremptoy night sppea existed in all
cases and the dockcts Of the Courts were crowded with op
Peals in plain cases. even from judgments delivery bonds
merely gain time The law amended the peremp.
Dry right Of appeal taken awuy.-Was this law unconst
onn in reference to oil suits made before il,
pas-agel
Il ihus BY these and many more instances clearly up.
pears that the Legislature has always exercised without
challenge the power Of sooeoang otadug the enforce.
mcnt Of the remedy II is demonsab!e from the history Of
Virginia legislation, that time has been consd.
cred - Of the substance VI the contract
We do believe Colonel BJndursurs remedy reception.
able constiuonay, peculiarly adapted give relief and
as hc'yeiy thing the people wanind trust that,
rJsve the people without violating the constitution will
be- a. ough; to be- tho fret consideration Of oil parties
and u al potiOu.
n La,oycrs can find CAV In the a-gumsnt we submit
in favor Of the consuuouay Of Colonel B1hduranrs pro.
position, we cannot lulogcal Correctness appears u
minds uuassuiabe.
CONGRESS- oNAL DISTRICTS.
The Senate yesterday rejected the several amendm.pu
which had been made, In committee Of the whole, the
bill from the House. Numerous other amendments, Il
said, will be proposed but the probability that the bill,
it went from the House will paas-being pretty nearly
obnoxious a. seuatoria wit can make H.