Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-07-24

",
lost an officer OF this body one who, though HI,
Course in LIE, had heen humble, had dischafe DER
his duties honestly towards God and map
Yielding 10 The suggestion OF my own feelings.
said Mr. A "aDd OF my friends 10 ibis body, / o.:
Ter The following resolutions" were una
Iimonsy adopted:
l. Resolved, That The Senate have heard will
deep regret flhe tealh OF Thomas L Nelson, Is
door Keeper 10 This body.
y. hesoiyed, That. in testimony OF respect fol
MS amlabie and uprish; department as man
ana MS activity and efficiency as an Officer The
Senate do now adjourn.
3. Resolved, That copy of these resolution:
be communicated by the Clerk 10 the relatives q
The deceased.
The Senate accordingly adjourned.
HOUSE OF DELEGATES.
In The House Mr.. FAULKNER moved sub
slitue Tor The 81 section ui cnaper ITO On
"O'wer" Aher explanation from Messrs
Faulkner and Moncure oil S'afford, who lhougn
Court OF Equity should lake held OF The pur.
chase money, and secure The contingent iuieres
OF Inc wife. dependent on her Surviving her hus.
band, Mr.. F. accepted The following amsndmen
of Mr. M, which was agreed IL:
w zen land is bona 6de sold 10 the lifetime oil
! ire husband, TO satisfy lien or incum5rance
'aeTeon, created by deed in which The wife has
paramount 10 The wife, she shall have no rIpbi
70 be endowed in the said land; bu' il surplus
OF the proceeds remain alter SATISFYING The SAID
lsin OF inrumnfance, she shall he EMU 10
dover III SAID surplus, and Cauu OF Equity,
having jurisdiction OF The case, may make such
oToer IS may seem 10 il proper 10 secure Ter
right"
Mr.. KlLBY submitted substitute (subsan n
llaiiy he old law, but also requiring The CuunIy
Coufls ~ appoint commissioners 10 receive cvm.
pensaiioh) for Ihe tour sectons sril ken OUT yes
tetday from chapter 1872, on "Ficaciaries gene.
Tslly, which sections provided Tor he settlement
ol Said accounts before commissioner appoinl-
ef 5y Circuit Cur. MIR. K explained and
o'l'cird 10 The cumbr' US and Expensive machine.
!, y embraced in the sections stricken GU. Mr. K
| had cnnfience in Inc vision and capacity uf
the County Courts, and thought we should be
Cnient win The prrsen! system instead oil resort
/ .n.. 10 TINS great Innovation upon our laws
VT SCOTT thought the whole provision as
! 10 bGuclarics In Inc Code among The must valu
abe portions Il the work. and i! the Substitute
ol Mr.. Il. De adopted, il would involve The cnap.
ter IN inextricable confusion. 1. was most de-
siraoe 10 adopt a system Tor The prompt and
proper settlement OF these fIuciarY arcount,;
and The system proposed 10 the Cude he looked
| upon as eminenily answering The end so much
des'fcu, while The present purely cr parte system
OF setting before the County Cuur Cummis
sioneIs 10 ffaught with uncertainty, confusion
anc mischief, aud would really be more exren-
slve than The proposed system. a system SINH
lar 10 that in The Code wa: proposed by The com.
miitee OF Cocrls 4)mc years since. Ii creates
no new anG extensive machinery, but engraits a
provision on our judci. system, which pas all
the advantages oil an Orphans Colu. We can.
not secure better petson TO settle these hduci-
AIRY accounIa Than The Commissioned appollted
~ The Circuit Court-we cannot find more
proper tribunal 10 adjcdieate and pass on lhese
accounts Than The Circuit Judge. Why esu..
frs, In Court less cumpelsnl--lo commits.
| sioner less pfacised aGi Competent, when The re-
suit may BE- increased difficulty and eYpense1
Mr.. PERROW followed against he Revision
Committees Report and in Iavor OF Mr. Kilby's
substitute, as lar preferable 10 that report
Mr.. IRVING proceeded 10 expose what he re-
gardei as be mischief Of the important innova-
lion on our system attempted 10 be engratled by
The Revision COMMITTEE. Il revrrses all The
commissioner first 10 settle all questions Of law
and tact, and afterwards 10 The Judge, 10 decide
upon The Commissioners RepoE, instead OF fitsl
deciding he Principe, ci s.ttleTaG.. Moreover,
where exceptions are taken 10 tie Com mission
cr5 Rep n, 10 notice 10 The paritS Is pfJvlGed.
MIR. LANE IF Lee had heard nothing Iris
| moroins IL induce him to change ais vote YES
lrriay IN Iavor Of STRIKING out the seoi:ons in The
Code He had known numerous cases (nine-
tcch-iwenlielhsI Of 6duciary accounts. which,
| under The present system, had been settled with
GU: litigation and ~ The satisfaction oil all par.
lies. Mr.. L thought It unnecessary, therefore,
| 10 require ell accounts 10 be settled before
! master commissioner. Mr.. L moved 10 add an
| amendment OF he Gin section 10 Mr.. Kiby's
H.. - Innt Ia
| 10 make a settlement he may, on the application
OF any person interested Us creditor, leea'ee, &C
| b. compelled 10 settle his accounts before mas
| ler commissioner OF the Circuit Court.
Mr. PRICE suggested that the matter DC re.
| ferred TO select committee TO report co0gfu-
Gus system |, was impossible TO make au uni
| form provision Of parts of both syslems.
Mr.. SHEPARD coocurred 10 the suggestions
! of Mr.. PRICE and moved 10 refer this chapter
to q select Committee The House could not
now vote understandngly, in The present state
| Of the case
Mr.. SMITH thought We should FIRST tako a
vote Oh the proposition.
Mr. sHEFFEY said we should now agree 10
reconsider The vote striking out these sections,
so as 10 bring the whole bill, including those sec.
tons. before the committee. He bimaelf pre-
ferred the committee Of Courts OF Justice.
Mr.. PRICE thought The matter was now fairly
open.
Mr.. PERRoW thought we should refer to
| a committee.
Mr. WHIrTLE could not but believe thai
the House, by large majority, would sustain
| the original sections whose wi-dom had been
certified By high authority Yesterday be tdr
| z. \ had voted 10 the affirmative, with the ex
| messed view 10 move q reconsideration SUI
| Gci. q, evidence had appeared that many mem
brrs had yesterday voted TO strike out The
sections, in consequence OF the previous question
having cut of an explanation OF the merits OF the
! question: He thought The vote should DO recon
sdercd and would move it, if in order
Mr.. HART said he had yesterday voieo, WIN
out hearing single argument, 10 slriRe out Tue
sectiors and the light shed upon the suoJec'
10 day had but confirmed his views.
GHe,e a playful passage al arms look pace
between M,ssrs. WHlTrLE and HART
mr. FERGUSON opposed The reference CT
This or any other subject 10 u committee. II we
drs,re 10 complete the Code before The termiua
ton of our constitutional existence, we shou
ac, now. He moved the prevlou. question, but
Withdrew il at the stance Of MIR NON >URE
Of S, who briefly but orcirly opposed the mo
ton 10 refer this subject 10 committee, as Ike
4 ly 10 rrUuuCc inOEc CoDlusIou aHo oiluSuhy'
| ~. SHEPARD mad, wmh great re uctance
/ moved The reference 10 a committee ou as !
appeared to be di:lasieiuI to The aouse, he ~onle
/ Withdraw he motion, il in ORDER Tne Speaker
! dec,d. that rhe preyioc, question renewed By
! Mr. MONCuRE OF S., would no: allow Mr. 8
TO Withdraw the moicn
The previous question was then sustained, ant
The House refused to refer 10 committee.
Mr.. LANES amendment was lost, Mr.. FER
GUsON moving he previous question.
MIR. WHITTLE called the previous question
and Mr. IRVING asked the ayes and noes on
MIR KlLBY'S amendment, which was agreed To-
ayes 81, noes IS.
A number of consequential amendments were
then adopted, on motion oil Mr.. klLbY, 10 con-
form 10 The change 10 the Code.
| have already given SO full sketch OF the
previou, prolracied debates on This subject that
ha We scarcely taken nolc OF The long speeches
Today, though they were fortunately ie" IN num-
Mr.. SHEFFEY moved 10 commit This chapter
10 the com mitlee Of Courts, SO as properly &c