Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-08-17
Virginia Legislature .
Editorial CORRESPONDENCE.

il vas resolved by The General Assembly that
Thomas Green, Commissioner Of This STATE, be
aut7oii2 aud empowered 10 apply Tor AMI re.
ceIVe al crest, anearages Of inleie.i, or mo.
neys Guc from the Government OF he United
States To The Stale al Virginia
Mr SEGAR said thai, while in Washington
a ie@ days since, he had head that some Is, 0Io
or S20, QUO were still due 10 Vueinia-and ne
Commissioner Ct the Stale should be aulho;;z
10 receive i. The Iesolu ion was adup ed.]
On molten OF MIR STOvALL leave was ei.
ven 10 bring in bill 10 Compensate lie Rcyi.nts
for the completion Of the Code Of Virginia, aid
10 pay Tor the use q the rooms and furniture al
he Fauquier Springs. Mr.. STOVALL accor-
dinghy reported bill with The sums in blank
winch was read first and second times, and or.
dcEed 10 be cugrossed.
The enetossed bill providing for the pnblca.
lion oil The Code was read.
Mr. LACY suggested that the Declaration ct
Independence b" also published with The Code
'rhls might BE- done b. ryder.
The blan.s were then hlled, w: 5000 ccpie:
vi C"de 10 be delivered on he Is, January next
and 5000 copies on he Isl February next
On motion OF MIR MONCURE OF S, the bill
was for the present laid on the table
Message from The Senate that they had passed
The an part Of The Code, with amendments.
The House resumed The consideration Of Sc.
mates amendment 10 81 part of the Code, com.
mencirg with the 39h, " itch was under cis.us,
sinn on Saturday, when The House adjounei.-
II strikes out the provision in the House, that The
borrower shall he competent witness 10 prove
the usury. Agreed TO-
4oh-lnsens the following new sec;ion 10
chapter al on interest, as follows:
"Ahy dtieniant may plead In general terms
lnat me Contract or assuraGc on which The ac-
Iion IS brought vas tor The payment Of interest
al greater Tale than is allowed by laa; to which
plea The plaintiff shall reply generally, bur may
give II evidence upon The issue made up thereon.
| any mailer which could be given 10 evidence
under special replication; under lhs plea aicre-
| sal the defendant may give in evidence any
TACT shc~iDs erding 10 she ", that the contract
or assurance or othef writing upon which Inc &C.
| 'io1 was brought was for al usulious considera.
ticn." Agreed To.
4ls. In The same chapter inserts a;;er 'bi l."
the worcs where 20 discovery is required IT the
defendant but" Verbally amended, on motion
OF MIR MONCURE OF s and agreed 10.
! All. la sane chapter after wJrd Interest"
! ins,rs "the court shall cause an issue to he
made up and Tried al lis bar by Jury, ether
or no such dealings bs usurious; On The Trial Of
such issue neither The bill nor The answer shall be
given in evidence. Ii The jury fin such deal.
Jugs usurious then"
% motion OF Mr. MONCURE Of S verbally
amended and agreed u.
43i. Adds III. 9ords in same chap.cr "3ut the
cour may grant new trials as in usnef ca'es."-
Agreed 10
44h Atds AT end OF same chapter: AT any
person snail, by any way, or means o! corrupt
Bargains. loan OF, o. giving day OF payment Tor
,GoneT, wares, merchandi,e or other commodity,
above TIC rae o. six dollars 10. one hurd Ell dol!
lars 10. on' year, every prison SO offending sha
forfeit coub- The value Ut the money. wares mer-
chantise or com Modify, SO lent, exchanged OF
shifted one moie,y 70 he use Of The Common
wealth, AMI The other TO the intcrmer, ~ he re.
covered wish costs" Agreei 10.
45 h. ADD ,c caapter liz on ''i!l,eal consd
era ons," The following: al The pl!ty losing the
money ar property menianed in ire bird section
| OF This chapter, shall not sue for within lhIee
| mon rs from Inc time OF such losing and recuv-
er bac; The money or properly So losl and paid
| or delivered 10 The winner, auy other person may
sue t,r and recover he same and treble tie value
thereof wi'h ccs!si one moiety !cf the benefit OF
tie person SO suing aud the other 10 The Stale Tor
the bcnefir o!the literary tund."
Mr. MONCURE oil s said his was most an
| reas made provision and moved that The House
disagree 10 il which was done.
46n. Strikes on, all OF chaper la on common
carriers" bur G'h section. Agreed 10.
47;h. Strikes ouI the secions Of chapter l4S "or
/ CUE.prHsdtiLS VI pClsOLS ~
/ accident" Agreed 10.
| Ash. Makes RI !roaa company CT master o;
vessel responsible TOR The Avs ot slave trans.
ported without the authority OF The owEcF 81
such siavc,nr his agent or guardian IN prii.g.'
| Mr. NCNCURE. Of 5. cited The Inconvenience
and injustice OF this requison 10 ita ,es, inserted
| by the Senate. He moved thallh House dsa.
gree; which was done.
40h Increases jurisdiction of single justices
Of the peace from 90 to $50 as 10 a proposition
which would lead TO litigation
Mr.. CONWAY moved that the House disagree
The House had already voted doga similar
proposition
MIR. STOVALL hoped the House would agree
to tho am-Ed:pent, which he vastly preferred 10
! the House proposition Mr.. S. said that the
/ argument used in tho House lad been that the
Senate would agree to it. That argument is now
done away with BY the action c. the Senate
Moreover, as Mr. aloncu1e OF s. said, the detail.
of the measure Gisy be properly arranged in the
committee Of conference
/ MIR WlllTrLE hoped the House would agree
to this measure as compromi:o. il gives con-
current jurisdiction IN cases between $40 and
SO, AID can dc injustice 10 none.
Mr. IRVING denounced the provision as alb
surd and ridiculous.
The House rejected MIR. CON WAYS resolu-
tion, ard the Senale's amendment was agreed TO-.
o0th Amendment consequential upon above
and agreed TO.
5lst. Authorizes cases above $40 t. oe taken
up TO The county or corporation courts. Agreed TO-
52d. Strikes out from chapter l50 on War
tants 70: small claims" the words "The party
who succeeds shall recover Costs and insert,
"Cos;s shall be awarded or refused 10 either
party, according TO The principles CT law end
equity" Agreed 10.
$40. Adds in same chapter: "Where judgment
shall be granted the justice granting the same
shall write on the face of the paper or writing,
on which the warrant issued, the date and
amount of The judgment and cos, and afi1 biz
name thereto"
Verbally amended. on motion Of Mr. MON
CURE Of s., aad agreed 10.
54lh and 55th. Provide that when The judgment
Of justice i, for q sum not exceeding $40, be
may .tav execution 40 day, snd ifIhe judgment
exceed so he may stay execution Sd days from
i,s date Agreed to.
( ST h. Verbal and agreed TO-
S7th Provides for Lew or additional security
in appeals in cases between $40 and go.
GA uotion OF Mr. MONCUaE Of 8 il was 81
amended as 10 provide for security 10 all case;
and agreed to.
ssh Authorizes execution TO issue against The
principal and his surety jointly 'or separately
, 59:h Retain, TO Mayors court 10 Richmond ,ht
} jurisdiction of cases 10 amount of $50, given by
J &C; of February, la49. Agreed TO-
, The House having thus gone through tie BE
} nae's ner dnen,s TO the 3 paH Of the Code
MrSMITH moved taet the action OF The Hous'
be communicated 10 The Senate; " nich was done
Mr. PERROW from The committee on e.ro.l
cd bills, reported that they had examined the 2he
: carr OF the Code, ard ouad it properly ecroIied.
The House lhel took up The 3cnase's amend
mems 70 he part of The Code. viz:
. ls,. MAKES county cour, consist OF four IN
Stead of three justices. Agreed 10.
i -. Strikes out from section 80. OF ehaP'er ioc
, m Jurisdiction of county couns, the 1j:ds mo
D on!y all matters cogE;zabc 10 such court BY AM
0 statute, bal also" Agreed 10.
: g. Adds at the end Of Bird section The above
words and others authorizing county or corpo
ration cour; 10 determine motions to recover mo
-. J..