Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1843-02-23

BILE /; consequently they could well afford
to dispense with ihis small sum, more es-
pecialy in these disastrous times. when the
poor debtor is making desperate strog
gle to keep himself above water. They
did not depend upon the small sum allow
ed Tor making motion for Judgment on
forthcoming bonds for their support; II
was on frrs OF higher character, TINT
Of disputed cases, where the parties gen
orally were able to ply liberal fees. He
appealed to their mngnanimty on this &C.
casion, to come forward and aid the OPP
pressed by relieving them SO FAR as this
small boon would extend.
Mr.. b. was opposed to the Iecommi,.
meni. He feared, if the matter went
back to the committee in that form, that,
at this late period of the session, it would
be delayed, aud we should not have time
TO get il through the House. He there
fore preferred action upon his own mo.
ton to rererse the decision ofthe Commit.
Tee.
! Mr.. Carter supported the motion also,
as a measure of relief, contendIng that
the sheriffs' lees were too exorbitant, and
at times like the present, ought to be re-
duced. This might be the last opportu-
nifty for giving any relief 10 the people
this session and the proposition was so
just and reasonable, that he hoped il
would be supported by general vote of
the House.
Mr.. VERIFY followed on the same side,
warmly supporting the motion, and ur.
glng the proposition as one giving much
relief. II would save to the people more
: than enough 10 pay half the revenue for
the year.
i Mr.. Powell Of Fairfax said he desired
to say something in reply TO the gentle
man from Loudoun, (Mr. Carter,) and
the gentleman from Northampton, and
would beg leave to direct their attention TO
the fact, that the heavy burdens OF which
they complained, ms being imposed upon
! the debtor class of the community IN the
collection Of debts, is not alone confined
to the commission now received by Sher.
ifs, towards whom gentlemen indulge
such harsh epi,hets. Sir, ] nlludc to
LawyerS' fees, and Clerks fees. The
Lawyer receives 50 so for making a mo.
ton upon Forthcoming bond" and all
that he does is to request the Sheriff to
call the parties. and to state whether the
parties shave had ten days notice." and
then to ask the Court to "awsrd execu.
tons" and tho Clerk receives about So
for entering in the minute book" "A.
against b., dc. Motion on forthcoming
bond and judgment"
MIR. Sneaker, am willing to go as far
MS the gentlemen from Northampton, or
any other person, but must be permitted
to say, that in all cases two or two and
a half per cent. would not compensate
the sheriff for his trouble, to lessen the
expense in collection Of debts. NJ. Spea.
ker, If il WINS in order. would move TO
amend the resolution of instruction Of the
gentlemen from Preston, but il is not in
order to do So at thus time-bui, sir.
will, with leave Of the House, read the
amendment | would propose. Mr.. P.
then rend the amendment he desired
should be adopted, viz:
Resolced, That tho Resolution and Re-
port be recommitted to the sam" commit
tee, with instructions to bring in bill to.
provide that forthcoming bonds shall here
after be returned 10 the office from which
the execution issued. then to have the
form of judgment, upon which execution
shall issue, upon the request Of the plain
| tiff, his agent ar attorney, and 10 reduce
the commissions OF sheriffs, now allowed
on executions issued on forthcoming
bonds"
Mr.. Powell stated thn, the court would
have control Of the executions thus issued,
and could hear and determine any mo-
ton to quash an execution, as at present.
Mr.. Speaker, | think if provisions be
made, as have suggested, in relation to
| forthcoming bonds, il will be a saving to
the debtor class of the State OF sum not
less than three hundred thousand dollars
annually. hope, Sir, the resolution will
be recommitted with the instructions !
have Indicated, and that bill be brought
in accordingly.
Mr.. Brown OF p, was willing to reduce
the second commissions of sheriffs 10 Q
per cent, but expressed himself in favor
of leaving the regulation ofthe attorneys
fee where il was now, with the courts,
unless the necessity Ola motion was dis
pensed with. He would be willing to al
ter the law in this respect, and dispense
/ with that motion. 1t would not be fair
to abolish the fee, and still require the
motion.
| Mr.. Gallaher expressed himself as deep.
| ly interested in the proposition reported
upon by the committee. He spoke ofthe
injustice of the second fee to sherifls on
delivery bonds--it amounted to u tax of
60 per centum per annum upon defend
ants. He had twelve years ago, in the
first Legislature after the Convention,
moved to abolish that fee; and the legal
talent of the House, Messrs. Leigh, Brod.
max, and others concurred with him in
his motion. The amendment suggested
by Mr.. Brown would reduce sheriffs' CON-
missions from 10 to per cent. he would
go for that if he could do no better, but'he
thought they ought TO be reduced 20 81
He presented to the House tho impor-
lance, at this particular time, of making