Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-08-03
executing deeds or appointing trustees; and the
IN. .,fa

Mr. CONWAY moved 10 amend the FIRST sec
lion, so as not TO allow the parties or Their coun
sci IL dispense with bond required OF spec'a
commissioner appointed by court 10 tecei7
money under decree or order Carried.
The same section was amended on motion 0
MIR. LACY, so as TO aulhoIiZ. any court Il
make decree or order for The sale Of properly
in any part OF The Stale, &c.
On motion OF MIR. JONES, section 9Th wa
amended, so as 10 allow a court, in all cases
trusts 10 appoint another trustee in the place
any trustee who may have died.
Chap.er l79. Or inIuncions; appointment D
receivers; and bill of review
Mr.. FAULKNER moved to strike out The
I second section, which authorizes creditor, be-
tore obtaining judgment or decree for his claim
10 institute suit 10 avoid a gilt, conveyance, oi
| assignment or transfer OF a charge upon the es-
tale OF his debtor. &c.
Mr.. FAULKNER protested against this limo
vation on long established principle, that
creditor al large cannot assall a conveyance
as calculated to vex the donec with litigation
The effect of the section will BE-, he said, 10 in
crease unnecessary litigation.
Mr.. SMITH, at some length, sustained the
section, as one of the wisest provisions TO pre-.
vent fraud. MIR. S. referred 10 the mischieyous
and fraudulent operation Of the old law.
Mr.. IRVING hored the House would not
strike out q provision for which there had al
ways been grea. necessity. lie thought that,
instead of increasing litigation, it would have q
contrary eject MIR | answered the objections
Of Mr. r.
Mr.. MONcURE Of S. thoroughly concurfed
with The views Of Messrs. Smith and Irving,
ard thought tia where debtor fraudIlcnlly
conveys his property for the purpose Of dis
euising il from his creditors, the later should
have the right 10 proceed 10 avoid tie inssfl-
ment.
Mr. FAULKNER sal that, in tina, aspect. Lc
should not object 10 that section
Mr. MONCURE Of S. proceeded to show
that, where there Is fraud, TO ono can deny The
right Of impeaching the conveyance, and where
there is no fraud tho provision will do Justice
10 10 man. twill prcycn, litigation - as il W i'll
enable the creditor 10 settle the matter in one
suit, viz: agains, his debtor and The fraudulent
doncc, instead Of separate suits against each.
MIR FAULKNER beloved that The section
should apply to some cases-he therefore would
withdraw The motion 10 strike out, aud pre-
pare an amendmen! 10 be offered hereafter.
Mr.. CONWAY moved 10 amend section TO-,
on "Iniunction B2na," s2 as 10 require bond To b:
given for all such coats as may be awarded
against and incurred By the party obtaining tho
injunclion.-O Opposed 10y Messrs WATSON
and STROTHEI., aud rcjec ed.
MIR SfROTEER moved 10 strike oil! The ed
section, which requires reasonable notice 10 be
given 10 the adverse parry, or his attorney before
an Injunction is awdided-un.ess the Judge o.
Court is satisfied BY affidavit or other means
that there j. coed canse for dispensing with IL,
&c.
Mr. MONCURE oil S. explained The value OF
the secii0n, and cite the case Of the t'redeflcks-
burg Railroad aad the Louisa Railroad, wheieln
fairness required that both parties should be-
heard. Wheie man is frauiulent!y GARY ing
of property, The notice would nol b. proper bhI
the facts would be sci torh in tie bill, and the
Ju.lsc would dispense with The Eolc', IS pfovld-
I'll il !ke Caie.
Mr. STEOTiER said that Ie matter was
now exac iy where il should be, in Ire hands o.
the Court Ii would exercise sound discretion
in each Gaze.
Mr. HARRISON o! L said, il We strike OIL
tho uhole section, we woult destroy The rrCvi-
sion which requiles The ic,.se, &c. 10 jadge ci
the plaintiffs equity
MIR STRO TflER had designed moving sub
s,ilule 10 meet the case.
MIR HARRISON 0! 7 !. moved an amendment,
with which Mr. STROrilElt and Mi MON
CURE Of S expressed themselves satisfied.
MIR MAYO preferred 10 retain the orig ina
section, as an admonion 10 The Chancefy hi
bunals against The loo4eness oil granting injanc-
tons.
Mr.. COOK moved The previous question,
which was sg.IaiEfj.
The amendment oi Mr. HARRISON ol l..
was adopted and, on motion vi Mr. SMl I'll, the
House adjourned.
The House have worried we'll Today having
passed over much ground in re alton 10 proceed
inss though not very interesting 10 lhe general
reader Tac speeches have been sho!, All TO
the purp0se-ald great s4rc has Lern taken to
arrange the details WITH regularity and acc.racy.
Members today are in good SPIRITS as lo The
prospects oi al ea.Iy adjournmtnl- Trough much
IS ye! 10 he done, TO give perfect torn and
body TO The new Code oi laws. Thus iar the
changes in the laws seem 10 have been made in
moderate AL! enlightened spirit, and lor lie
more speedy, economical and certain adMinistra.
lion oi justice.
The tents have arrived o-nis!, aat vii! soon
when The green lawn with their graceful cut
lines. A great acmand c.is!s Tor lhcm- though
ta.aishl the air is yery cool, and with ole ul the
loyciesl mocnIish,s have ever witnessed. |,
was a eloriou. evening Tor romantic lovers |
have merely payti The locker on al The passing
groups ON The magnificent colonnade.
80 w = n