Richmond palladium. [volume] (Richmond, IA [i.e. Ind.]) 1839-1854, 1843-01-21
INDIANA LEGISLATURE.
FRoM THE INDIANA JOURNAL

there not at present money enough IN the
country remove ITS Indebt edness and this be-
ing the case, measure of equitable relief
should be devised, TO prevent the people from be-
ing eaten up bv costs and TO their property
from sacrifice. The people have psoperty-they
have every thing but money. Consequently. he
, maintained It our duty 10 devise some plan
for their relief.
lie main,aIned that the bill before the House
preferable. in every respect, both for the
debtor aud creditor, than the present two thirds
law. Under that law SAID Mr.. I'll The debtor
can turn out watches, old horses and other trum
perry; and, unless the creditor is prepared TO buy,
there is end TO the collection OF debts. IN
der the provisions. Of this bill, this avoided,
and gives the creditor n choice of such property
of the debtor as he prefer, at its fair hpprais
ed value He heard OF an Instance up north, OF
man who whenever he was sued. turned out a
lot OF quack medicines execution; and tho
same lot of medicine, he rs credibly informed,
has since been used common property of tho
citizens in the ghborhood To turn
! cutIous OF what avail, then, can the presentlaw
be to the creditor? M honest man viii refuse to
give up his property, at a fair value. IN payment
of his ias debts; and he maintained that no hon
est creditor would ask more.
With regard to live stock, particularly, Mr. III.
said il well known the cost OF eping horses,
cattle, &c. whist under execution, frequently
eat up their entire value, aud scarcely paid the
costs.
Mr. Tevis was in favor of the provision Of Tho
bill IN the man, and was therefore opposed to It's
indefinite postponement. There some OF
the provisions Of the bill, however, 10 which he
could not give his assent. lie believed property
should sell for less than It's full value, aud SO
far he heartily approved Of the bill
He, however, objected TO the oh section Of. tho
bill, which gives the rich man power 10 sci %
such property as he pleased IN satisfaction OF his
debts. No such right he contended Is gwen TO
the poor man, who having no variety Of propeEiy
to seec, from, s obliged, By tho bill to give up
his only horse, without the services Of Which, tho
entlre operations Of his industry may be suspend
| ed. He therefore moved TO strike out the OH
section. that The defendant M ght have The OPP
ton OF turning out such property rs he pleased n
satisfaction Of the executors against hun.
The ayes aud noes on rs indefinite postpone
ment being demanded II decided in the neg
ative--ayes L, noes 16.
Mr. BradIey moved 20 strike s'iar apprais-
ed value
Mr.. Edwards moved TO amend the amendment
by inserting 1.-TWO thirds its appraised value"
which beog accepted by Mr.. Bradley
Mr.. Noryell moved to amend it, by adding
"uuiess the execution creditor has The right to
select the property lie, led oo" but Mr.. Norvcl's
amendment no, being IN order, the question was
taken Mr. Edwards amendment, and decided
in the nega'ive-ayc IS, noes 81.
MIR. Shoup moved 10 strike out the 21 section,
and inser, new one, with tho view of saving
costs.
[Glves the Sheriff, Constable, &c, the power
TO have property valued a, far value wl,hou,
have re-vaiunI"n, he paying COSTS, &c
Mr. Henley hoped no amendments would be
made. The friends OF he measure, he SAID, had
il in their power to pass The bill as il is. Il was
carefully draughted all its prov isons harmooized.
and although the amendment offered by the gen
tloman from Franklin was not very material he
sui should oppose IT, as opening the way for
fur her ameud ments.
Mr.. Clemens ofered an amendment, TO strike
out the oh section Of the bull and insert IA subsii-
tu'e, giving 'he debtor the option as 10 the props
ertv be turned out execution.
lie contended that If the plaintiff has the pow
er 10 select Whatever property he pleases, tho
bill, Instead Of n rclet bull, would be one Of op-
preston. Unless such amendment as he offered
was adopted, he should feel constrained TO vote
against the WI ole bill.
Mr.. Tngley took the same view Of the subject,
and contended that, # we give the creditor the
power II selection. he VIII be certain 10 seize
such property, viii mos, harrass and Cypress
the unfortunate debtor.
NJ. Carter sad. reason why the conDit-
tee reported the 9 h section it IL, was thus IT
poor m an sped n rich for small sum, (say,
So he might. under The present law,
piece OF property worth 500, and thereby pre-.
vent he collection Of the debt.
Mr.. Brown Of r SAID # the OH section WAS
stricken out he should the whole bill.
He believed his colleague, {'Ir Tngiey.) had
mistaken the stripe of their constituents, if no
supposed they believed they had any property too
good In tnrn out IN payment Of their honest debts
Mr.. Ting'ev replied. lie spoke particularly Of
farmers and mocha nics tools which might be Sc
lected by the creditors, not much for the pur-
pose of securing their debfs, TO harra.s tho
unfortunate debtor, and 10 extort from bim. "
possible, sacrifice Of property 10 raise cash
10 paw his debt.
Mr.. Henley, in reply TO Mr. Tingley, SAID, by
the present law. every individual had the power
Of reservng Sl0O's worth Of property from exe-
cution; and, The revised laws, he understood,
mechanics tools reserved from execution
We should act justly and nationally, and hear in
mind, go along, the creditor has rghts as
well as the debtor II il - necessary to give dis
honest creditors the power 10 turn out blind nor.