Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-07-13

lsO w . Amendment d ~ wa,i - ....:al
delolm lie who. system. Where luuiciai
s,I,lemept Is necessary, We should Ies:!i 10
a Circuit Court commissioned, under Inc cohi"i
OF that Cour; tut il We can attain lhe sa'he %
lee. IN any oiher simplef plan, he was ~ id.o'
Ct putting il in the alternative, as ne hau pre-
yiuusly suggested When a Judicial settlement
i NECESSARY, he dill not think the county courts
comoe,en, Tor The purpose. Their peculiar CON
siructiJn preculed proper EXERCISE oi W GUY.
The Circus! Court JUICE, on The contrary, would
laEe The accounts, Judge AID revise them fof
himself, and could DO il properly.
Mr.. BURWELL thought Ihe change 10 me
law most important and assigned MS 'easun'
why lie shou d support shc ameauuieh' u w
PeIrow. He was aware ci The importance ol 'hc
duties OF The commissioners, anu couic SIC ~
reason Why the county courts should hot dppo'"s
good commissioners, especially as ne hheM va. s
the commissioners in beth courts arc oi'ch '"e
same persons. II The county courts are Gun,
pelenl TO grant leiieIs Of administrators anu
probales, they are certainly competent % appoint
commissioners 10 settle The accounts. There
were practical reasons why The settlements
should be made before the county court commits
sioners- first, because The paprrs and accounts
are flied in The county courts, and are more cas-
Of access-aealn, The circuit courts meet oniy
twice a year, while the county couils meet
!weive Zines year. Again, Mr.. b. SAID mere
vas an advantage in allowing the conaly courts
10 appoint commissioners who would, by COM
petition with maser commissioners, induce more
vigilance and care on their part
MI. PrRROW-The county cCurl IS con-
s,i,ulional court, and is more beneficial 10 me
people than any oiher branch OF the government.
II IS an absuldiIy 10 say tina! Judge 0! iGe
circuit court. who does not know the people, Can
arDuini better commissioners Than tue county
conrt, who are seleced because OF their standing
ana intelligence, and who personally know the
most competent men to be appointed. MIR. I.
proceeded 10 shoy The advantages oil having
he,e settlements made before The county court
olnnissionefs. Ii parties are no, sEtished WIN
them they Can appeal 10 The cEcat courts and
ensure more accuracy and satisfaction.
Mr. LACY thought The proposed scheme
would work we'll slightly amended. Inc lln>
cary should in every twelve months, return ms
account 10 the circuit court, aud II ne fans,
then let the commissioner Of The circuit court
summon him before himself, and compel him 70
settle his account, al his own expense.
MIR. SHEFPEY-Acco;din 10 his plan, he
fduciaTy in both cases, would have 10 make his
account al his own expense In The first case
h. should be entitled 10 settle his accoun! al The
rxpense OF the uusl subject Otherwise he would
have 70 Involvement 10 settle his account.
Mr.. LACY The fiduciary should always be
reacy, al his own expense, IL settle his accounts
in proper iorn-bccause he is paid Tor IL. Mr.
l.. thought il very wrong that The infant, &C
should have 10 pay h. expense oil The yearly
5. i.cmen.. he was opposed 10 leaving these
settlements 10 The county courts, VINO are nc
qualified Ia settle them in proper form.
Mir. SHEFFEY said that The account could
moi BE- recorded, unless ss.led before commis
sicner.
Mr.. LACY thought il was The duty Of Iht
cuardian &C., &c sce his account 10 proper form
without The power OF making the expense borne
by The trust fund.
Mr.. FERGUSON said The Revisois and Re
vision committee deserved The thanks oil the com
monwealin lor Thus having brought order cut g
chaos. II Mr. Perrows amendment prevails
! il wil. mar and bet Out The whole cnapef, VIII
all It's valuable provisions. We should not 90 .
merely 10 allow county courI IN any one county
10 continue iavoII.e commissioner Ia cihcc :
The Code gives tiie same compensation 70 IN
commissioner in tie ci.cu: az lie county cour:
and This knock, in nc head one Of !he arsu
mcnts /! The gentleman from Nelson, viz ina
OF sayiG. expense. The county cours were We
~ u:,n, Du!af ia some sections OF The STATE, D.:
cause o. their incompeleGcy H. regarded
this p,pposi.iJn 10 have ,hei! sc,itn.enis taken
b.tofc tho ci:cui, court commissioners as mos
i'm oo,;au, and beneficial. The circuit courts
will revise The accounts 10 investigate thel
accuracy. Moreover, TIE ccuny courts nave
70 rely on he opinions an; ADVICE oi coue
sci, while The circuit judges. elected because
Of their laQ learning, GO not rely lfoH coan
81. bal on ihe. own anoT!e 'se. Mr. +. ga no
believe that The couniy courts would elect lh'
same cum1clen, commissioners as the circul
cour;s. cureed The adoption q this, nc wlseS
system for settling these accoans, lha! has eye
been p!oposeli; vii! enable he settlement L
sisnt thr test n judicial decision.
Mr. PGRECW was sure he could - justice
10 lie abe and beneficial labors q me Ec7isor'
ant Inc Revision commi'sc but Still he nal Ms
own opinion. The gentleman ffom Logan, ioi
Democrat, ssuWs singular prochvHy % US
cne.man rover viz II giving ihis power 10 nc
single Gi2e q: II, circuit court. MI. l. went on Y
cue ina. the county coCdS should GecIie 'liesf
Questions. because they originate n those cour!s
lie did not see how the adoption OF bis amend
men, would al q the symmeify OF this chapter
Mr.. r. conclu:ci by urging his reasons in 'agar
Of Inc competency .. the c0nny cpl;is, aud IN
advantages Il having Inc accounts scHlsi be'ufe
them. The opinions Of the county ccurt have
been affirmed as often as those CT the c'rcui
courts because they 90 tnr justice. '.GiTe M
inaricc," said Jaige Roahe, "aId will tel y5t
what The law ~
Mr. PERROW'5 amendment was carried
ayes Al uCes IS.
Mir. KIL.BY moved 10 amend The same section
so as 10 strike cat "circuil" cour. Lost.
On motion Of Mr.. LACY the committee wen
back 10 CHAPTER ll9 "ot The lien on Land, for pnr
chase ,noaey, or Tor buildings on IL erected or re-
paired" and Mir. L. Toyed 10 amend SO as 10 con
fine The lien TO a OF, house, or building IN cif,
ortvl. He did 10, see why The builder should
have such lien en- mans plantation.
MIR. SrOVALL saw no force in The view
he was opposed 10 local legislation, and thought
the same principle should be extended 10 nc
coun,ry as we'll as 10 towns. Large JOBS OF ms
sort were done in The country, AM mechanics Ire
lun,lv los their money.
Mr.LACY said no complaints had como from
mechanics in he country, bu cny from those II
lown. He could see az reason Why carpenter
should have more lien On land, &C., Than une
who sells beeves. caale, &c. He did mol know
Of any cases of complain. in he county. They
could take proper security, e.
Mr.. RIVES knew case IN which meehan-
ic had LOST $1,000 IN house, tie land being
transferred away.
Mr.. rERR0W was opposed TO he whole
principle. Why should We maize mechanics .
privileged classl The effect woul. b. 70 rregen'
persons from pnIins Up Inc buildings. Mr. 7
thought we should ieaye il % individuals 10 take
security make contracts, &.
Mr.. IRVING thought he effect Of the lien
woul be 10 secure Inc conTacio! or mas'ef mt
chanic-and to d. nothing for The merchant VINO
furnishes the mails and al the materials, and u"
mechanics who perform he ac.ual work, who
we're Just as much entitled TO The benefit OF lien
ihi, plnciplc had been voted down BY The House
Of Delegates las, winter.
Nj DORMAN said the labor OF mechanic
va, his ouly capital, and payment snvnld D: Sc.
curc4 from those who will not Pay lhel: honest
tiebs. II was no, perpetual! lien, buI viii Dc IN
force only six months.
Mr.. Lacy. The gentleman from RockbTidee
deserves monument, II he discovers the means
OF making men oay heir honest debts. Mr. l..
though, mechanics should siaLd on the sd me
focriog with all others. This same chaper pro-
viGcs againsi any lien 10 vendors OF rea! estate,
unless The lien is expressly reserved 10 tie con-