Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1844-12-26

By Mr.. Pitts, That the Committee OF
Courts inquire into the expediency OF
abolishing the Quarterly Sessions of the
County and Corporation Courts within
this Commonwealth. and of emerging the
jurisdiction Of the Circui, Superior Courts,
so as to embrace those cases now exclu-
sively cognizablo in said Quarterly
Courts, leaving the jurisdiction OF the
monthly terms Of said courts as at pres
ent archaeological.
TUESDAY, Dec. 18th, 1874.
Mr.. Witche. called up the following
bill, on its engrossment:
A BILL Concerning Deeds Of Trust, and
Regulating Trustees Commissions.
l. Be,a enacted by The General Assembly,
That all deeds of trust hereafter made
and entered into by any person or PER.
sons, for the purpose of giving any en-.
dorsor, security or other person, any
preference or priority over the general
creditors Of such person or persons max
ing any such deed. shall enure pro rata
to the benefit of all just creditors OF the
person or persons making the said deed !:
Provided however, That nothing herein
contained shall be so construed as 10 APP
ply to any deed Of trus, made and enter.
ed into, whereby the debt intended to be
secured was created for the purchase OF
the property conveyed by the said deed.
2. find be it further enacted, That the
trustee or trustees in any deed Of trust al
ready made, or which may hereafter be
made, for making sale Of the property
thereby conveyed, shall be allowed as a
compensation for his or their trouble IN
executing the provisions Of the trust, the
same compensation as is allowed by law
to commissioners making sales under de-
cree in chancery, and no more, unless by
agreement of the parties to the deed a
greater or less amount is stipulated to
be received by the trustee, and SO insert
ed in the deed.
3. This act shall be in force from the
first day of September next.
Mr.. Witcher stated that this bill origi.
mated not with him but it came from the
people. II grew out Of petitions present
ed last session. Mr.. w. proceeded TO
defend the leading feature Of the bill -
the abolishing the preference among ere.
ditors. Mr.. w. conlended lha; debtor
had no moral right TO give one Of his
creditors preference over another equal
| ly hon, st and meritorlous. The debtor,
when he contracts his debts, for all mo-
raj purposes, gave up his righ, TO dispose
of his property. 10 consideration OF the
substance Of the debt, he receives an
equivalent for his property, and over this
last he had no farther moral control. -
| This was the conviction Of the country.
The present practice gave rise 10 great
injustice and innumerable frauds. Pass
this bill (ssid MIR. W. aud you effectuai
ly put an end to the fraudulent deeds OF
which the people have so loudly com.
planned. Mr.. w. said it was objected to
the bill, that il would destroy credit. Mr..
w. denied this. 1t would only destroy
such credit as ought not to exist.
Mr.. w. commended that under the pres.
ent system, the shavers were those who
reaped the chief benefit from partial debts
He knew that the contrary was and had
been maintained by tho gentleman from
Wythe and the gentleman from Accomac
(Mr. Pi.ts.) But Mr.. w. had experience
to sustain him. 1t was the shavers who
forced debtors TO make these partial
deeds while the Charitable and lenent
creditors were disposed to give indul-
gence, and by so dong, were generally
the sufferers. Mr.. w. continued at much
length 10 support the bill, as measure
Of the highest Importance to the great boz
dy of the people. In the course OF his
remarks he touched upon the lawyers,
who were supposed TO be opposed to him
and the bill, and he appealed TO those re-
presenting the agricultural interests not
to permit themselves TO be borne down
by The array of talents, which that pro-
fession would bring to bear upon them,
on this subject.
Mr.. Pitts, after commencing TIE tact
and ingenuity of Mr.. Witcher, in appeal.
ing to predjudlces to sustain a case too
feeble 20 stand upon its merits, proceeded
TO reply to all the positions taken by that
gentleman. He cnntended that this bill
could not prevent fraud-lts effects
would only be to substitute ono system
that by mortgage, for that by deeds Of
trust; and as many frauds could be per-
petrated in the one as in the other. Mr..
p. urged that by forcing the mortgage
system upon the country, litigation would
be vastly increased.
When Mr.. Pitts concluded, Mr.. Me-
Pherson OF P. moving TO lay the bill on
the table, as it was too late to hear
another argument to-day: which mo
ton was agreed to.
Petition
BY Mr.. O'Ferrall-Of VIM. Haimison,
Col. Of the S9ih Regiment and other Of
fcers of said Regiment, for revival Of
Brigade Inspectors and other changes in
in the Militia Laws.
WEDNESDAY, Dec. Is, 1914.
Mr.. Smith called up the bill concern
ing Deeds of Trust" on its engrossment.
MIR. Preston replied to Mr.. Witcher, IN OPP
position tothe bill on principle and in detail.
When Mr.. P. concluded, the bill was
laid on the table, and then, after the read.
ing few bills, the House, on motion of
Mr.. Sturm, adjourned.