Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-07-31

ase,n so as 10 place them among those "eAenp'
ia the d section. ...o rsAsc,ed
Mr. RIVES thought The proposition !ens'.a
mon poor men, in dsqualilying them, anu "a
emrting men over so years. Though he sn1u.e
snslaia the notion he tell bound 10 make 'he'e
comments. IL mo.
Mr. HART explained The reasons Tor DIS li'o'
ton, which was carried.
MIR STOVALL moved 10 amend, SO as " p'o
vide for TWO classes OF luros-vlz; 'noSs we
are qualified 10 vote in The election OF iheno.n'
Of The General Assembly; "or" are over 'wea.y
one years Of age, and own properly OF oe''''"
value. ,,,on;no
Mr. PITTS opposed The motion, as destroying
the effect OF the vote jus, given. h,
Mr. WILLS though, The present section iid"sns,
with mischief and evil. Mr. w. at some lcns."
| analyzed The section, and suggested an aine"a
meni, which would remove the ooleCliohs. ,,v
| MIR FAULKNER was in favor OF a P'ops' -
qualification but the section IS caCu'a, :, no
produce confusion. He was for slfik'ns oa' nc
word grand so as 10 leave In 'ul iEiee ,hs,
provision in the Criminal Code, Plo''u'Ae
grand Jurors shall be freeh lders. ,,u
Mr. STOVALL'S motion was lost, So 10 Al.
Mr. FAULKNER then moved to amend, So as
TO exclude grand jnGors, whose quallhca''oh .
provided in The Criminal Code Al,
After some conversation, Mr. COOK ana WI
FORBES suggesting amendments MT E AoH
NER'S motion was agreed TO- ords
MrDORMAN moved to strike out the WORDS
cover 81 years OF age" as This element was pro-
vided elsewhere. Carried. o.d
Mr. COOK moved 10 strike out The ~oru
"lhree" and 10 insert "one," so as 10 MAKE MAKE 'he
propery qualification 5 90 instead OF $5oo.
Mr. DORMAN asked for The ayes and noes
which were ordered. Al
MIR COOKS motion was carried-ayes AZ,
noes Al. -,
Mr. MAYO moved 10 strike out The wola
"crimnal," SO as 10 confine this Isl seclioh "
iuries in civil cases
Mr. MONCURE OF s. showed the perfect con.
gruty between This section and the provisions ~
The Criminal Code.
Mr. MAYO Withdrew his motion for the pre-
sent. >,
The Ist section agreed TO is as follows: INC
person shall be qualified 10 serve upon a pe''
Jury in any proceeding, civil or criminal, unless
he is qualified to vote in The election OF mem
bers OF The General Assembly. or owns proper.
~, real or personal, OF the value OF one hundred
a0 Mar ROBINSON moved 10 amend the 81 sec
lion, as 10 "who are exempt from serving on
Jury" so as 10 exempt also officers, active me m
hers OF volunteer companies and others. MI II.
said two-,hirds OF the members of volunteer com.
| visions, and we should extend the exemption 10
all. MIR. subsequently, Withdrew the motion.
MIR WILLS moved 10 amend The 81 section,
so as 10 require that every Court Judge or OH
Ger "may' instead OF "shall" interTogate under
oath every person summoned as Juror, as 10 his
qualification.
Mr. IRVING sustained the motion, as he
thought il would consume loo much time 10 in
errogate the persons summoned, s..
Mr.. SMITH opposed The motion, which was
lost.
Mr.. MoNCURE of c. moved 10 strike out
third section Lost.
MIR. WILLS moved 10 amend section 4, "no
person 10 be Juror al any Term at which he has
a matter of fact pending for trial by Jury" so as
to confnc the exception 10 Trials Tor felony, in
stead Of "olher pleas OF The Commonwealth"
alone. Lost.
Mr. IRVING moved 10 strike out The 4th sec
lion, as unnecessary and impolitic. II would
exclude large number OF excellent Jurors.
Mr.. HARRISON OF L sustained the section,
as necessary TO secure just and honest iuries,
disconnected with the business oil The courts.
MIR. IRVING'S motion was lost.
Mr. HOWARD OF Floyd moved TO reconsl-
der The vote rejecting MIR. Wills motion to
monweailh" Sustained by Messre. WILLS
words we're stricken out.
Mr. WILLS moved 10 amend The 7lh section,
bur Withdrew it.
Mr. WILLS also moved TO amend The ii IN
section, So as 10 authorize County as well as
Cir-uil Court 10 allow special jury, except in
a case OF felony. Cared.
Mr.. HART moved 10 amend section IL, 50
as 10 strike out the provision authorizing JURY
of seven, by consen! OF parties.
a ha IN
and udcious. The number had been twice
sanctioned by the yn!e OF The House oil DELE.
gales.
Mr. HART was opposed 10 he reduction OF
The number of d. and was in favor OF retaining
the M Enl.irTLR{ OPPOSED the ameudmenl-
The provision is merely permissive, and moi OBJ
lisalory, and il is unreasonable that The preju-
dices of some persons in favor of Jury OF II.
should preclude The possibility Of trying case
by seven.
Mr.. HART urged The importance of The
amendment
Mr.. LANE OF Lee said il We adopt The sue.
ceeding sections Tor The compensation oil ju-
rors, il is important 10 have smaller number
by The consent of parties.
Mr. WHITE asked The ayes and noes on Mr..
Harris motion, which was rejecied-ayes D.
noes 81.
Mr. CLAIBORNE moved ar adjournment
Lost, "a 10 SO.
Mr. MAYO moved 10 amend the 18th Sec
lion so as TO except pleas OF The Common wealth
from its operation, as we'll as "a case OF felony"
Mr.. M. did not desire 10 leave the Trial OF mis-
demeanors and other criminal cases 10 The Court.
Mr.. ROBINSON gave notice that he would
tomorrow move 10 strike out this whole section
and moved an adjournment, which was los-35
to 81,
Mr.. MONCURE OF S. opposed Mr.. Mayo's
amendment as il was reasonable that The par,
ties, if they consent, should be allowed TO waive
jury and leave il 10 the Court, or TO have
Jury OF seven.
Mr.. MAYO opposed this mixing up civil and
| criminal proceedings; but, before concluding,
moved an adjournment, upon which Mr.
| WILLS called The ayes and noes.
Mr.. HART asked il i, was ia order for the
| clerk 10 record on The minutes the hour IS mi.
nutes past 3-the House having been more Than
six hours 10 session.)
Mr.. WILLS proposed 10 withdraw The call
Tor The ayes and noes; but MIR. HOWARD Of
] Flpld objected.
The House ayes So, noes IL adjourned.
/ IUgtet 10 say, that to-day, 10 the House has
beer marked 10y a most improbable and unsa-
lisiacloIy volume of words, and nothing more.
The Honse did not even get through one short
chapter; and hours Of debate and amendments
were devoted 10 one poor little section. IL was
| certainly The most tedious, and cxhausling, and
fruilless session have yet seen here.
| | am gralifed 10 slate that l.. Harvie,
Esq the delegate elect from Amelia, who was
attacked by fever on the nieh,of his arrival, and
for several days was in very dangerous con
dtion, is now very much better, and will,
| trust, soon be out. There are very few nvallds
here now. w. +. R.
THURSDAY, JULY 26TH, lS49.
SENATE.
TIE Senate resumed the consideration of The
Civil Code, Book 81, chapter 1O9, Of Divor-
ces.
Mr.. STANARD addressed the Senate in op.
position 10 the Isl and 81 sections, and moved TO
strike ont the same and insert the following
rSeciinn lei AL MALTA nes hnIu con a uhiie