Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-03-23

Mr.. WEST called the ayes and noes. The motion for
indefinite postponement was lost, as follows:
.fyes-alessrs Gusts, Leake Of A., Brooke, Byrd of
q, VI tchc Newkirk, Snodgrass, Wilson, Iavenner,
wing Brown Of E. C s. w.. Powell Of F., Wood, Cal
we'll Jones, Stova, Gallaher, Worthngton, Parks Sol-
ngs, Miller of L., Marshall Miller of NJ & j., Watts,
Taem, Oliver, Criz, Brawner, Silother Daniel OF H.
c., Burwell, Moore Of r., CrutcEhcd, Spots Henry,
Neal, Lcftwich-43.
.Noes-Messrs. Mann, Stanton, Meredith Blick, IIu-
bard. Nowlin, Dennis, Broadus, Goodwin, Smith OF
F.. Stockton, Payne, Muse Byrd Of F., Robins, Leake
OF G Carroll Blue, Ward, Basel, M'Rae. King, Bow
den, Davis of X. S O.. iawcs, Gibson, Carter, jack
SON. Banks kidwe Martin, Jiggits Norhington, Ads'f
Cabcll. Strole, Bird Of p, Boiling, Hopkins Dey, Da-
MEL of P. G., White of R., Denealc, Cootes Cowan,
Kane, Tate, Eedcman, West, Goojsou-5O.
On motion OF Mr.. STRoTuER the amendment oil air.
Leake OF c. SO amended as 10 refer TO 'any futurc
sessions.
Mr. BASKs said that at the proper time, he woul
oler all amendment. providing that The Legislature shall
meet the st November and adjourn the oath December
Mr.. NJ would offer, at the proper time al amend
ment providing that the Legislature should meet the lst
Monday IN January and adjourn in sixty days.
Mr.. BiED OF r. would, at the proper time, move to
amend SO that the Legislature should meet the Isl ia
nuary in every year.
MIR. MARTIN moved TO amend, SO as to reduce the pay
of members to So.
Mr. BIRD of ?. moved to fix the pay at 50 80.
Mr. NloonE of c. s W. moved 10 lay the bill, &C., on
the table ill The lst June
Mr.. CowAN called the ayes and noes. The House
agreed 10 lay on the tabc-aycs so, noes IS.
Mr. GALLAuER called up the bill to reduce the COM
missions of shcrilTs ard other officers forthcoming
bonds, sc.
The bill is rs folloas:
]. Be IL enacted By The General qssemjly That when
forthcoming bond shall hereafter he taken under
thority of an execution issued from Court of this
Commonwealth, the sheriff, sergeant or other officer
taking the same shall be entitled one-half only Of
the commission authorized By law, which may be
included in the said bond But if sale be made under
the execution by virtue Of which the bond was taken
The money paid without sale, the commission shall
main heretofore, and nothing herein contained shall
be SO construed 10 deprive the sheriff, sergeant
other officer Of the commission allowed BY law for
collecting money under an execution which NAV have
issued upon forthcoming bond, after the forfeiture
thereof.
Ind be HJuricr cnaccd, That the clerks OF the Sc
yera courts, in taxing the cost for awarding execution
upon any forfeited forthcoming bond, shall not include
in such costs an attorneys fee.
3. This act shall be in force from the passing thereof
The question pending was substitute proposed 10y Mr.
Powell ofF. The substitute provides that q forthcoming
bond when TAKEN shall be returned to the clerk Office
with the execution 10 be there safely kept and 10 have
the force of MISREPRESENTATION 10 be awarded on ap
p!cation of the person, &c, 10 whom payable &c.-and
that the officer shall only receive per commission
ing bonds.
Mr.. Blue read the following which he proposed TO
come in after the Isl section Of the bill:
2nl. .9ad be il further enacied That whenever any
delivery forthcoming bond shall have been returned
by the sheriff, sergeant other officer to any Court of
this Commonw eath authorized by law, 10 render judy
ment upon such bond the parties TO said bond having
previously received ten days notice. it shall be the duty
of The court 10 examine The same and if found correct,
shall render judgment for the debt interest and cost and
10 award execution thereon.
Mr. LEFrwIcH moved the indefinite pos.noncmcnt Of
the whole subject He regarded ii blow aimed al
lawyers, by taking away their pitiful fees
Mr.. CARTER was in favor Of the bill which reduces
one-lalf the commissions of Sherifis on forthcoming
bonds. Mr.. c. thought the substitute of Mr.. POWELL
of Fairfax went far in reducing the She.is
missions 20 two per cent. That substitute also does
away with notices and motions on forthcoming bonds
ard vests too much power 10 the Clerk. Mr. CARTER
for all these reasons, preferred the original BILL with
substitute, Of the gentleman from Hampshire, (Nir
Bluc.)
Mr. LEFrwIou did not wish to waste the time of the
House, and would Withdraw his motion for indefinite
postponemcnt which, he had just UNDERSTOOD had been
once before voted down.
Mr. POWELL of Fairfax explained the merits of his
substitute.
Mr. BLUE defended his amendment, which was
intended to complete the original bill.
Mr.. DANIEL Of Richmond City opposed the scheme
of the gentleman from Fairfax, which had been once
tried and had been found imperative. Moreover il
liable to fatal consequences, in leaving too much power
10 the Clerks. He did not think the fees OF Sherls too
high as they are bound TO insure the debt.
Mcssrs. VERY and CRUTcuFIELD opposed Mr..
PowEILs substitute and went for the original BILL with
Mr.. BUGS amendment.
Mr.. GALLAuER went for the substance Of the matter
before the House. who had already decided in favor of
reduction Of costs aud commissions.
MT IAvESNEK tnuuSut We nau Det.cf not loucH .r>e
important changes in the laws than act so hurrledly OH
them lie should 60 against the bill, and preferred The
amendment
Mr. POWELL of Fairfax called the ayes and noes on
his substitute, which was lost-ayes Is, noes 6l
Mr. BLUE then proposed his amendment as above,
which agreed 10.
MIR. BLUE then offered The following, TO conc IN
after the last section Of The bill
Prorided no defence is made, shown, against
the rendition of the judgement which was agreed 10.
MIR. BYRD Of Frederick moved TO strike out the wholc
of The first section, and insert
That hereafter, n commission at rate OF two and
half per cent only shall be allowed 10 the Sheriff. or
other officer TO whom any execution shall be directed
for collecting the amount thereof, any part thereof
Mr. CnuTcirrIELp opposed this amendment. lie was
in favor of reducing the Sherls commissions because
they were too high, but he would not make the Office
utterly worthless this amendment would have tue
tendency Of eifecting.
MIR. CauTcHFIELD thought this would reduce the
Sheriff. per cent too much
Mr.. POWELL This will destroy the sheriffal'y OF
the country, and be of grea. injury to creditors
Mr. BYRD modified his amendment. His propos
ton did not dig the Sherifis as deeply as he had IN
tended. He altered it as follows
That hereafter commission at the following rate
only shall be allowed the Sheriff or other officer TO
whom any execution shall be directed for collecting
the amount thereof any part thereof that ~ 10 say
3! per cent on the first $500, and per cent on the
residue. 49,, ;.
Mr.. FRAZIER conceived, that if this proposition sue
ceeded the county cour, system would be Frustrated
for no inducements would be held out to Magistrates to
accept the Office, and discharge The many ardnous du-
lies devolying on them. He lawyer, but he would
nre(er that The lawyers fees Abolished rather Than
The sherfs commissioners these last tended to pre-
serve the county court.
Mr.. Ipvlso farther opposed, and Mr.. BYRD farther
supported his amendment.
MIR BYRD Withdrew mis- amendment.
The bill was then ordered to he engrosssd.
The SPEAKER laid before the House communication
from the Governor, covering correspondence WIN
the Governor Of Massachusetts, IN relation 10 Tie slave
Latmer.
The correspondence ordered TO be printed.