Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-02-18

I It being ont of order, while the bills pending,
Mr. STANTON moved that they be laid on the table
agreed 10.
DAVIS of Orange, and GARRETT, touching the intro
duction of the resolution inquirng whether the MEM
Der from Tyler, (alr. West,) was minister of the
gospel, which was satisfactory TO them
| The report of the Committee Of Claims, adverse to
The petition Of David Morgan for the payment to him
OF $40 advanced by him, for the drums and mes ior
The l47th Regiment, read.
Mir kIDwELL moved to reverse the decision OF the
committee, which motion ne supported, ana mf. iiuR'
ARD opposed; after which it was negatved by the
/ House, and The report agreed TO.
| The Committee of Privileges and Elections were
discharged from the further consideration OF the peti
ton of John Blair contesting The election OF John Car
roll, the Delegate from Carroll & GraySon. The pc.
titoner failed TO make his complaint TO the General
Assembly "wilhin len days after the meeting OF the
General Assembly as required by law, and therefore
the Committee made no investigation into the grounds
of his complaint.
The bill repeating the act "to prevent the citizens oil
New York from carrying away s!nves out OF .oe com
monwealth, and 10 prevent the escape OF persons
charged with the commission of any crimes, (known
as the Inspection Law up in order, ana was
a first time
MIR. WILLIAMS moved to lay the bill on the table
This motion was resisted by Messrs WoRrHiSGroS,
BowDES, WILLIAMS, LEAKE of A., McRAE and As-
DERsoS, and rejected.
MIR. WILLIAMS urged as a reason for laying on the
table, that there was motion pending IN the New
York Legislature for repeating the Jury law, which
the of the of the Inspection law,
and he, therefore, thought it inudcious TO progress
with this bill at this time.
Mr.. LEAKE thought that the bill might be read
cond time and printed and he thought that would afford
time 10 know the action of New York on the subject
of the Jury law.
Messrs WoHrnISGros and McRAE urged that il
due TO those gentlemen Who felt an interest in The
bill to print it, and give them opportunity to offer
their views upon ii; and Mr.. AsDERsos contended il
was due as Parliamentary courtesy.
The bill was read q second tnie and ordered 10 be
printed
l. sHERIFF,S COMMISSIONS.
The report ofthe Committee Of Courts Of Justice came
up (upon resolution of inquiry to them reerred that il
was pedient amend the laws respecting
cutions, Sherfs commissions, &c, to provide that
when forthcoming bond shall hereafter be taken, the
Sheriff shall be entitled to half only of the com.
missions now authorized by law, which said commits.
sion shall be included III the forthcoming bond here
after-prordcd, hOoe1tr, if sale be made under the
first execution, the commission shall remain as now
authorized by law; and that they further inquire into
the expedency Of reducing or abolishing Attorneys
fees for motions on forthcoming bonds.
| Mr.. BLUE upon whose resolution the subject was
brought up moved to amend the report by declaring i,
expedient and sed he hoped would be the pleasure
of the House 10 reverse the decision, the ground
that it would be great relief TO The indebted portion
of the community and in all probability it would be
the last of relief 10 that unfortunate class tina,
could be got through the House the present session OF
the Legislature, nasmuch the session already
far advanced lie, therefore, called upon the philan.
thropic portion of the House TO forward TO the
rescue; and he also hoped the lawyers would not OPP
pose the measure, because il proposed 10 take away
small piitance from them Their fees already
HANGED at least double; consequently they could well
afford TO dispense with this small SUN, especially
in these disastrous tmes when the poor debtor is max
ing desperate struggle TO keep himself above water.
They did not depend upon the small sum allowed for
making motion for judgment on forthcoming bonds
for their support it fees of higher character,
that OF disputed cases, where the parties generally
able pay liberal fees. lie appealed 10 their magma
nmity on this occasion, to come forward and aid the
oppressed by relieving them so far this small boon
would extend.
MIR. B. was opposed to the recommment He feor-
ed, if the matter went back 10 the committee in that
form, that at this late period of The session. it would
be delayed, and we should not have time to get il
through the House. lie therefore preferred action
upon his motion 10 rererse the decision OF the
Committee.
Of relief, conendng that the sherifis' fees were too
exor5an', and al times like the present. cngh, TO he
reduced. This might be the last opportunity for giving
any relief to the people this session. and the PROPOSE.
ton was 80 just and reasonable, that he hoped would
be supported by general vote Of The Hyuse.
Mr.. YEuBY followed on The same side, warmly sup
porting the motion, and urging the proposition one
giving much relief. 1t would TO the people
than enough to pay half the revenue for The year.
Mr.. POWELL Of Fairfax said he desired 10 say
thing in reply to the gentleman from Loudoun, MIR
CARrEK,) and the gentleman from Northampton, aud
would beg leave to direct their attention TO the fact,
that The heavy burdens of which they complained,
being imposed upon the debtor class of the community
in the collection of debts is not alone confined 10 the
commission nolc received By herifS, toward whom
| iptr-a horsh smith SIR NJ
Jude to LaDgerS fees, and CLERKS fees. The Law.
yer receives 50 80 for making motion upon "foith
coming bond, and all that he does is to request the
Sheriff 10 call the parties, and 10 state whether the par
ties have had ten days notice., and then 10 ask The
Court 10 "award executions, and the Clerk receives
about 50 for entering in the "mnute book ga
agains. B., sc. Motion on forthcoming bond and
judgment"
Mr. Speaker, am willing to 60 far as The gentle
man from Northampton, any other person, (bu must
be permitted 10 say That in oil cases two two and
half per cent would not compensate the sheriff for his
troube to lessen the expense in collection Of debts
MIR. Speaker, if in order, would move TO amend
The resolution of instruction of the gentleman from
Preston but IL is not in order TO do at this e-but
sir, will, with leave of the House, read the amend
ment would propose. h]r. +. then read the amend.
ment he desired should be adopted viz:
"ReSoicfd, That the Resolution and Report be re-
committed to the committee, with instructions to
bring in bill 10 provide that forthcoming bonds shall
hereafter be returned 10 the Chico from which Tie exc
cuon issued then 10 have the form of Judgment upon
which execution shall issue, upon the request of the
plaintiff, his agent attorney, and 10 reduce the COM
missions o. nsrfs allowed on executions issued
on forthcoming bonds"
Mr. POWELL stated that the eour, would have con.
troll Of the executions thus issued and could hear and
determine any motion TO qaaah execution, as at pre-
sent Mr.. Speaker, think if provisions be made, as
have suggested, in relation to forthcoming bonds, il
will be saving 10 the debtor class of the State of
sum not less than three hundred thousand dollars annu
ully hope, Sir, the resolution will be recommtted
with the instructions have indicated and that bill
be brought in accordingly.
nlr. BRowS Of p, willing to reduce the secnDd
commissions OF sher;As 10 per cent but expressed
himself in favor Of leaving the regulation OF the aitor
neys fee where now, ~h the courts, unless the
necessity OF motion dispensed with He would
be willing alter the law in this respect and dispense
with that motion. 1t would not be fair 10 abolish the
fee, and still require the motion. lie, however, would
move to recommit, with Instructions 10 bring in bill
reducing sberlfs commissions forthcoming bonds
10 per cent.
air CRIrz would vote against reversing any report