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

iOTlu luC COUES0 VI oNpSH'
larger number Of contracts are so simple ane
plain, that man can write his own no'ice' an'
save much expense. Justice has oiten oeen sac
rihced 10 the lechnicalilies OF the law, auu We
should sustain this method OF Simplifying anu
cheopening proceedings, which aims oiow q
lawyers and clerks, but will benent Tue pco'
pie Of the Commonwealth, both debtors ana Gre
ditors
Mr.. STRoTHER should support MIR Faux
ner's amendment; but, with him, ne oeileY Gu
that this vas crude experiment. he o'u ao'
believe that it would hurt lawyers, Who' Ike
preachers, were necessary evils. on Inc con
trary, you can no more make every man law
yer, than you can By nostrums maze every
man physician. Mr.. S. said that lawyers
would be called in TO relieve The difficulties IN
which man has involved himself. Mr.. D; ,ur-
Their commended that the expense saved Wou'u oe
very little, viz: the writ tax 10 the eommon.
wealth, aid some fees Of the CLERKS. " ha'
good does this Innovation enec3 man may
get his judgment by the regular course oil pro
ceeding almost in the same time as by Inc pro-
posed motion There is no argument, lheh' III
the expected speediness of justice. MIR. D. next
commended that, in respect 10 chcapness, This
new plan had 10 great advantage Mt SAID
we nght relrench the expense under Inc pre-
sent system of pleading. in several respects, IL
our object is 10 save cost. Mr.. ,. al some
length opposed the whole provision, which,
Being secret proceeding, he thought might DC
used as an instrument 10 carry out Inc purposes
of Fraudulent! Individual.
Mr.. CLAIBORNE believed il wns the ME
res, of the people, though at the expense oil The
Iaky (Dim.nlf them tn SUPPORT his
whole section and chapter as they stand as
wise and judicous. Very often new actions
TN plain contracts are conducted without any
pcadings after the filing Of the writ-apd Sill
the debtor has 10 pay heavy costs. Mr.. L.
should sustain the section. chiefly on the ground
that il would save 10 the poor debtor important
costs 10 te writ tax, c.eras fees, &c. Ho
would chcer(ully sustain this experiment. snne-
toned by The ability aud learning Il the Reyi.
sors, as calculated 10 benefit the people IN
cheapening and simplifying the proceedings.
MIR. LANE Of Lee opposed The change OF the
section, cutting off creditors end debtors from
the benefit Of this proceeding in one.hali lho
cases Of actions MIR l.. said that this new
proceeding would affect lawyers, clerks, &c;
but he felt i, his duty 10 staud up for this bcne
fetal measure. Mr.. l.. asked The ayes and noes.
Mr.. FAULKNER'S amendment. was rejected
ayes Is, noes 80
Nj WORTHINGTON moved 10 add ut end
Of said 9TH section clause, that copy OF the
notice be filed with the ciert in five days alter
il is issued.
Mr.. w. said that formerly it was practise
in the clerks 10 issue blsus writs for debts,
which practice had been prohibited by the Le-
gislature. These notices are designed es sub
sltules for The wrils - and it was just that they
should be lied in the clerks offices, like writs.
Nf. MONCURE Of s. thought the amend
mcu! would injure The section, rs il would cause
costs 10 run from The lime Of filing The notices
on record. The law referred 10 by Er. W., in
regard 10 wits, was TO save 10 Tie State tho
writ tax, which could not be charged until The
wri;c Wero docketed. MIR. M. saw no reason
why the notices should be docketed until the
molionis made. IL was very often an adyan-
iagc that mans debts should not DC sDcwn
from The records.
air. WOkTHlNGTON referred 10 The great
mischief which was produced in 1919 by
pocket judgments or judgment bonds, (as they
are called in Maryland and ennsylyania.)
whereby individuals have been seriously in
jured from their ignorance OF the true condi-
lion Of Inc debtor. This amendment should DO
adopted TO prevent imposition OF credilor'.-
we should apply The same principle to these
proceedings by notice as 10 writs.
Mr. SMITH was opposed 10 Inc amendment
Offered by The gentleman from Jefferson. Il
would tc lime enough 10 docke. the notice Al The
term al which ii is made re;u,nabe. The amend.
lenl proposes that The expenses .. The sun shall
commence by ha!ng he notice docksited lew
days alter lis service. 1t hs debt were paid, or
the controversy settled, between Ice da.e OF the
notice aud The meeting OF The Coutl there would
under The scheme as proposed By The ReysoTs,
be no costs. Many cases would, most probably,
III This interval, b. settled. To simplify proceed
ings in Cvun, Su4 thereby tighten III" Casts which
,!evoyr npnn the nni9Ti.aaie debtor, was The
ayowed object in proposing Inc cbsncc. The
remedy, BY aslion, was sill leit 10 The option q.
rhe CREDITOR. The proceeding by notice and mo.
lion, il We expected, wouiI usually BE- confined
Ia undi,puied ca,Ss. The Costs III The laaef
mode u was supposed, cdus hCi exceed nall The
amount OF a regular suiI. Fir ). was well aware
that the heaviest portion OF the loss Goa'd al. on
the profession 70 Thich he belonged, ba! ne could
permit no such consideration 10 have The slightest
weight with him. He was here, ailins IL lcsis-
laling for The people OF this Commonwealth,
whose Interests he iat hound 10 regard We had
norcd system oil special pleading. AMI, Gevosd as
he was TO his profession, he fully sympaIhlzed in
his praist; BIZ! il wCa'd he poor Satisfaction 10
the oppressed suiior IL lie informed, that, though
;he ccs's oil The suit against him might have been
reduced ne-haf by our legislation, we failed
10 in So for fear oi interfering with The besnI (ul
yis.m ri sps:ia placing. Such views were
5rhiGd The az in which we live. Gentlemen
seem very disinclinfd ta psu with John Dee and
Richard Roe. TIE ieeinc "a3 Professional
they were Old friends-ani Fir ). ieli cot little
sad himself al the proposed sepaIaioE;- The
COED Of Tho great body OF The people required il,
and lawyers, with others Interested, must submit
Opposition 10 the scheme oi getting rid oil useless
forms and techncaliles should have been made
al an earlier period OF The session, whilst We were
considering actions Tor the recovery Of real es-
,ae. 4 Struggle should have been then made
10 retain The rnrde OF pfocfe 4ng in escImeni, a
known at the common law, with lis fictitious
parties and men q! straw. Vas il no. pre.cIa.
bic to ha 1e direct issue tew2en tbs real parties
in a cause OF aud again, daring ;hls session,
had wc been disconrscd sloul The dangers Of in
noyalion. No member Eel, muIe disposed than
MIR S. 10 adhere 10 tried laws and ancient ami
well.rccngniscd usScee. He had voted against
many of Inc changes pfopGsed oy The reysors;-
was made their dug 10 recommend such changes
in our statutory laws as they deemed proper, IL
was a. The same Time, our duty calmly 10 ccn-
slider their Recommendations. Many Of what
some gentlemen wuald call Innovations had
received the sanction oi the General Assembly,
and Nj $. had no doubt would rebound 10 rhe
advantage OF the people Of the Commonwealth
G.ea; labor and responsibility had baen devolved
on these Revisols in The discharge Of their impor.
tsnl task, and the result, he believed, would
prove The rroprely OF their selection, and the
wisdom of lie legislature in attempting 10 have
prepared well disesisd Code oil Laws for our
people. Order had been brought out OF chaos
our statutes had been prnned Of rIcgnanl and
useless repetitions and unnecessary provisions, So
thai cne volume OF 1860 pages, would embrace
matter now scattered in CONFUSION over many
volumes. We have followed in The wake OF The
Rcvisors and have some faint idea 81 the labor
they have undergone. BY excluding useless
matter, which would necessarily have been print
Ell 10 a mere revision Of The existing laws, and
adopting general provisions Tor cases which
otherwise would require special legislation,
great expense will be saved 10 The Common.
-, noos !, III, baen urono ,nop he