Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-08-03
Virginia Legislature
Editorial CONSEQUENCES.

fAuauIER Sp4iS"s, SiTuaDiy, July 2STn, 6l9
SENATE
The Senate resume ihc consideration o! the
| Civil Code book third
Chapter l3O-Ortcr in which debt, of Lecc,
dent are TO be paid.
Mr.. STANARD read House amendment.
section 81 and moved 10 strike ont all alter The
word 'and, in line mex To last, and insen 'frpo,l
Of The Revisors, from the 9h 10 the 18Th line in.
elusive, as follows, J.
"Ihlldly- debts due As persona representative.
GUARDIAN or committee, Where The qualiii alton
was IN inns STATE, III Which cebis shall be incu
Dec, oeol ior money received by husband ACT
ing as such fiduciary in right OF his wife.
"Founhly- Judgments and DEGREES rendered
and Tecnguizances upon which execution has
been awarded in this State against The decedrbt.n
Mr.. STANARp stated hal i. would be seen
that The House h.! abolished an distinction as
10 priority Of deb, due hy decedeni. excl pt
"deos due 10 the Hnurt Sla:rs. and lnx.s ami
| levies assessed pre:iou to his death" That was
iarlher than he could 90. The Reyisnrs them
selves had gone FULLY as lar il not farther, Than
he was willing 10 60 in respect 10 this Quss ion.
he thought that man acting in fiduciary ca.
pacity should have preference that The same
priority should he granted that The law has
heretofore given hun. They were the reprssen.
tatIvcs oi class III individuals who could not
project themselves. Infants aud III Insane per
son, were mol capable Of projecting lhsir own IT,
leresls and those Interests should he protected BIZ
our laws. Il hdncIarY qualities MD receives pro.
| perry which is not his own, ard cfedi urs ought
not 10 be allowed 10 iook 10 tina, rrurrly Tor HE
| payment Of their debts.
Whist The law recognizes The light on the
pat OF an individual 10 dispose oi MS own pre-
perry as BE- pcaseS II sh12ld not I've 10 that in.
dividua the right ~ dispose OF property which
is not his.
No Slaie 10 The Union, he believed, unless il
was Massachusetts, nd ever carried This mailer
so far as The House OF Delegates. Under The old
law judgments and decrees or feeosnizances,
had preference IL bonds or CIVIL contracts But
here man may otld,n Incgment, and The deb
Tor die before he could er' IL execution. II tie
deb;or hal lived, he could nast recovered his mo
neY--he could have rL!oicei lic payment. Bul
this law comes in and dictates maj by The ac
OF Gcd The creditor shall, 1t lie does not lose The
cebi entirely, be placed Ia warse situation than
he was before.
is there any propIiely IN thiS} Ii the creditor
under The law, has preference whilst The debo:
Is living, why destroy il alter he is dead2 Mould
II not be as Just an proper 10 release Iads-
mcn liens upon ~. i..ag man as upon the
dead 7
Mr.. WlrCFEft 80 si'racr oi members
seems 10 indicate tn Co.,: are in hvor OF The
change. Fu! himself however, he thought the
best policy was 10 hold on! inducements 10 make
early settlements, and he believed the amend
meni Of The House conducive 10 that end. The
preference spoken o: ~ The Senator from Rich>
mond, was mere Indulgence Of the law that
was all. There VS. certainly no moral obliea-
lion abou. Il. Eacn individual should have his
remedy al Jaw, and there should be no breach So
as 10 destroy The remedy. The continuance o!
liens, he thought, destructive u! liz hest inIeres
oi lhr community, aud lie Id NJ. him: il rea-
sonabe, Just ar polite, 10 gi2e pre.srencc 10 htn
cia:ies. The proposition is mol 10 project The in
nocenl, the minor the lunaliC, Lu the surelies Of
hiuciarIes. Tia; vas the Proposition. Mr.. w.
Thought that ii was he duly NJ lhr securities To
vairh the iiiucIaIv, AID Sc. that he did moi
waste the property ha, !el $40 HE hands II is
all fiction IL Suppose 'iti guardian will mol
rs: property that does mol telurg "a BIN. The
law requires that he shall use il. lie is respon.
s,bie tor The ialeresi Al! lac Is obliged 10 use il.
Tu, properly falling iato his hant3. brings with
il new Liabilities. III. ". believed that This
rinrny, this {! ,inc'ion tt.; 'tgCity Of aebs was
embarrassing to Ihe itffesen'a,,.c himself. II
gave encouragement l. iriiy III lie settlement Il.
his accounts. You ODE hin soft ii preeIt by
which he viii pfocra<'.as ara hold on Till he
vii! pay Dobing. IT, f..aoj as"s, Mr.. WITCH
En- wonli aboii.h liens - irr,!> al lrusi--lhry
worked mischief in ;GauY INSTANCES As 10 those
judgements defeated, a was said by The Senator
fon Richmond, by The act Of God, they were
generally Oil judgments lying back 10 Keep oh
er, from making OF collecting their jus, Dues
This section Tells a man thai, il he has julg-
ment, he mus! collect his money, ana ll.at is
righ; because whsn /. man dies he gives up the
concerns Of his wolf, and his affairs must be
wound up. and in winding up, his creditors Ought
all TO fare aIike. Many o The duh ,ni!isF AMI
law suits oi our country had lhcig origin in
these liens.
MIR WlFCAEk Tcuno up by sains that he
knew that dis opinions on this question were in
coLllict with those win whom he generally acted;
but his purpose was 81 all lines 10 ny 10 do what
was right regardless OF the opinions Of others.
Mr. THOMPSON thought tina! no question
had been before the Senate, during lis session,
more deeply affecting the Interests OF The Com
monweallh, than The one then pan,,Gs. The
House amendment proposes Z RADICAL and i'm
porlant change iG ise .one established law Of The
land. Mr. THOMPSON reieTredl 10 The author
tiles OF laws in lT05. 1879. aud iI49. in which
this priority 10 claims hal hcl distinctly rtcog
Missed. For nearly one hun..tc and fifty years,
ten, hes. wise provisions t,i been upon our
statute books; ard having .'ool The lest o; lime
So long, and without in!ufr cr Complaint, he
di not think il was rrcrai tiny should be des-
lroyed COW. he read rom Inc reports OF The Re-
visors and commillee on Revision, as we'll as the
House amendment, and pointed out the difference
in The several propositions. lie differed with
Mr.. S!anaTd, but 10 no vtfg materia. Eoihl lie
admiled The prcprie;y c. l..isg some permanent
rule ior the guidance q il.uciaries, as we'll as
10 make plain their :g', But the priority
which the present law cain. has been The con-
secraled policy OF 10 sia.e Tor one hundred ard
fifty years, and he was unwilling 10 aspar from
ii. lie held tina, humanity i;sel, and all The bet
ter feelings OF o,f nature, nqlted US 10 hold on
TO il. He referred particularly 10 The case 81 lu-
naics, who could not, from their misfortune cen.
| lrol or have the mana ei.ent OF their eaecis.
| Mr., l. said there ver9 other Inducements 10
adhere 10 the CHI Law. i vas very dilicull
matter sometimes Tor executors administrators,
guardians, &C., 10 obtain security. ADOPT This
seciun from lie House, and ,ao consequence will
be that you will strike down this security, or des.
troy It's viE!ua You will drive those fduciarics
| who are most competent ana trustworthy from
their pos g. and The properly q! ihe unprotected
and helpless will tall inio the hands OF The in
competent, The worthless, and The sharpcr-u., ii
| there be no sharpsrs il wal 60 mt lac hands OF
youns d paty Sher1Is. who are continually chang
Ing Ol!'Ce, GHu "nU dit !" many iAaAduSes Win.
| out experience or qualifications.
/ Mr.. SLOAN was very much aifsri ii L
I lrushy discussion upon this subject. But he
wished to say, ,bs, he vas i: favor Of The section
as it came from The HOUSE. tie would say 10
The Senator from Richmond, VIC had promised.
in the winding up ii his remarks, 10 give to the
Scnaic good many ether reasons in lavor Of
his proposition, (wi'en he should peak again
that he, Mr.. S, thought, with al due deiciere'.
tina, those already assigned by The Sens'ol wee
very small things. and hence il va. necessary 10
give good manf oi iaem. liz would also say
;sa Senator IRON Amherst, that reasons for Civ
ing priority 10 claims might nave existed Ia 1913
Thai did nnl exlsl nuw. good many things *,
s.ei then ha 1c Dor s1!st n"w. Al that lime
men though! i'm, ae, cuail not live wishou
Kings, and lha' N.rss sssr'' ;iiyine appoint
mcn, lie hal !.sa.' s,s.." So; ne reaspc'
10 Layer Vi the u Ii - ~ !'ai heard what ht
thought 10 be ysfy ::s one IN !asof Of The he"
II WAS that tAtre oasni 10 he no such 'hiS- Il
d. atty in ds6ts, ar;elt }s:tt5.