Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-07-20

For The Enquirer.
TO THE MEMBERS OF THE GENERAL
ASSEMBLY


TO THE MEMBERS OF THE GENERAL
ASSEMBLY.
BY the published proceedings OF enc branch
of your honorable body, noS in session at the
new seat of Government, | see, upon the SUB.
isct Of the bonds Of executors and adminislra-
tors, that Mr.. Hopkins moved to amend The
bill reported 50 as to give tie icunij Courts
discretionary power &c commit estates 10 sherihs
instead Of making it mandatory on them, which
amendment was offered by Mr.. Scott aud others.
Mr.. Scott urging that il was safer to follow
The old law, and introduced Hcnnips's Statutes,
to show that, since lf05, it had been the prac-
tice 10 make the sherGs the agents IN such
cases.
Tho attention of the individual members OF
the House Of Delegates and of the Senate IS
respectfully invited 10 the abuse and most un-
list operation Of The ancient aw referred 10 81
Mr.. Sect Ii, Ice goad olo time 10 which
The highly taleatel gentleman refers, the shcrIts
were almost invariably required to execute Inc
DEGREES Of their respective courts, and the com
missions thus received, TO somc extent, justified
their engaging in the seitleIlent OF thu estates
then committed 10 ;heir eharge. But 10 these
liberal aud Eiore Republican days. when the
counsel, conducting Q cause, obtains decree,
either has himself, or sons particular friend,
made the special commissioner 1t would seem,
there is very little Of reason, no justice, 10 put.
ting upon sheriff, who cannot, by possibility,
be benefited, the administration OF any estate,
which the eoalces nor derisees, nor the friends
Of either, will represent. 1t has become
practice, la soIie counties ~ ttis Gommcn-
wealth, for persons to administer upon tho estate
Of deceased persona, and having sold their ell
feels and COLLECTED The principal debts due their
testatoS, in lot haste, their securities are sent
into court, who ask for counter security, which,
Of course, is Indignantly resented and refused;
and, hereupon, the acting sheriff, whose time
may have nearly expired, is required 70 close up
tic unfinished and Improbable business, which
would require years fer the administrator, who
! had gotten the creaa. OF lh2 coy missions, 20
complete Be itrenemtered, gentlemen, when
the law requiring he sheriff. TO close unadm,n'
istered estates was passed, the sheriAs, IN con-
alteration OF the large amount OF security re-.
auired TO be given by them. were regarded IS
the persons mosi sate 10 ear:y cat tho DEGREES
orths various courts Of tho Commonwealth
Rut. now a days, tho counsel, in almost every
instance, perform this duty, and, Of course, re-
ceiye the tonm;ssions. Che sherifis haIng nc
interest in the administrator OF thess estates,
;he Legislature will certainty not compel them
70 take charge Of them, nor will they allow an
administrator to absolye himself or securities
from their undertaking. Until shsy have fully
and snollv closed the same. | will venture 10
ass w s The repI representatives. of the people
Of Virginia are prepared at this time, and rndc;
the practice which has obtained, to require lhs
sas1iEs and magistrates of the connon*oalth 10
he.taxed with ihsolvcnt estates, for the oenens
OF some third party, who may be engaged in IL
,iga,ion3 Surely not. FAIR rLai.