Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-06-29
THE RICHMOND ENQUIRER.
-,.ar WIN house blown up be paid

up. MAYO was nui prepared TO ans %ef.
.rh.se sections mlsu, Operate ihInrl"nsY 10 n''n'
-, ~ a re!iDs assurances whish wee nidus
,,.nn e,,4 Department, u klcha,oA lin -
,.,,,; al, The .ectons, IL ieisi u'''' 'h' - y
d crnbr n;i .h,ut4
nlr SCOTT, A. a p!rseni ADVISED shoi.,
,u,, - S,I,a iiu..i liz bill Inc s'td"hs w is-a''
- me destruction oi property AM me comp
non hegeiof IL lholghI, upoh lbf az" y
me hing. abe destruction OF house nc hcee>s%
~ 10 sip re, ne policy Of insnf"nes ~.
be forfeited. We might be lesisa'lns UNI
by enaclibg these ssciidns ahd 'n1 So 49,
from Norfolk informs US that similar Pc" "A
been carried out there, Wiihont any cApa... - :,
vision OF The soa. he would lheie'oie Ia1ss h.
Inc gentleman rom Cumberland 10 ehiais n''
MIN 81 a.,o s. ike on. all The concluding sec
tons Of he chapter ~ l..
NJ, SHEFFEY said these sections were de-
,iened 10 secure some compensation io' NC u'o"-
mo nm ~ an innocent mans properly, 10 stop
n mi fire AMI injury. Without these sections,
more is ma provision for compensation III sueh
s nt ,bc whole matter is leil vague and I'M
Me- ROBINSON explained, thai III NorlolR
| il ga. customary 10 destroy houses 10 sop uie'
| as had ASSESSED in pulling house into Nv"
\ n,rrs and lie insurance companies had pail ioi
| rs repairs. tic hoPeu 'ne hpd"ei "oo'' - 80
| over ior the presen!.
MIR IRYlNG'S amendment TO strike out Inc
! 18th section) was adopted.
MIR. WATSON moved 10 amend me ihh sec
t;on so as 10 strike out the words las to property
NOT belonging 10 The owner of the said prem.
| COG mr. moi on the same" Mr.. w. COMMENDED
that nv The section thus amended, the owner oil
nronsrty DESTROYED shall be entitled to receive
| from the town conn ensalion for a-ttIal damage
WHICH he shall have sustained. II The house
royed by the fire. no damage would of course
be sustained. Carried.
MIR. ROBINSON moved to strike out said
| eth and 18th sections. The people Of Norfolk
had gotten along without difficulty, and he
thought that tho matter had better be left 10 the
people Of the towns, who could arrange the
whole mater Tor themselves He feared That
This section would produce litigation and
trouble.
Mr. SMITH moved further to amend the
same section, 30 as to provide more precisely
that the owner shall recover tho actual damage.
Mr.. ROBINSON Property 10 Norfolk is in
sured BY the Northern Insurance Companies,
and if The town is to pay all damages, under
this section, will not those companies be entire.
IL relieved from ability, and the town have to
pay every hipgl Mr.. r. protested against such
tnkering with dangerous subject.
MIR. SMITHS amendment was adopted.
MIR. SCOTT, on reflection, was inclined 10
think that these sections should not DO stricken
out. As the law now stands, cases OF this kind
are left 10 be decided by the rules OF the
mon law By the common law houses may be
DESTROYED TO stop fire. This is now done lie
thought that if property was destroyed under The
order of the proper authorities, under circum
stances which Justified il, the owner was not
entitled TO cmpensation. But this power may
be inIud iciously exercised, and then the party
has recourse against the patty whose agent
exercises it; and the question will come up,
whether the destruction was properly or I'm !.
properly made. Property thus destroyed to
stop fire. was an appropriation by the authori
Ties for the use of the corporation, and The
owner should, therefore, be compensated by The
corporation for the loss. This is justly provided
for by IT. 18th, 18th and 18th sections. 10 The
case OF a house pulled down, which manifestly
would have been burned, the owner (he was
satis6ed) would have his recourse against the
Insurance Company, under his policy of lnsu-
rance.
Mr.. RoBlNSON'S motion TO strike oul the
18th. l7th and 18th sections, was lost
The sections n the Code stand thus, as
adopted:
Section Is The Principal Engineer, or the
warden commanding in his absence, may direct
the pulling down or destroying Of any fence,
house or other thing which he may judge ne
cessary to be pulled down or hc destroyed, TO
prevent the further spreading OF the ire, aud
for this purpose may require such assistance
from all present as ne shall Judge necessary.
Section l6 Stricken out
Section IT, The owner of such property shall
be entitled to recover from the town tho actual
damage which he may have sustained by reason
of the same having been pulled down or de-
Section lS. The preceding section shall nol
enable any one 10 recover compensation Tor
property which would have been destroyed by
the fire, if the same had not been pulled down
or DESTROYED under such direction, bat only Tor
what could have bern saved with ordinary care
and diligence had no such direction been gwen.
The committee having reached CHAPTER 92d
'of pilots" Mr. ROBINSON suggested that il
be passed over, until the gentleman from Eliza
beth CITY detained by sickness, in bis talDilyl
should return
Mr. MAYO hoped the question you'd now
be acted on.
MIR STOvALL If thu committee propose
any innovations on the system, ne was wiling
to wait for the gentleman from Elizabeth CITY
II not, we should 60 against delay.
MIR. ROBINSON. The provisions in the
Code are exactly what we do no! want. II
taken up, he should move some twenty amend
ments. The gentleman from Elizabeth City
was anxious TO be present.
The chapter ''of pilots" was acc ordingly
passed over, and the committee passed on, with
out objection, chapter 90, Of untoding ballast
and 6uryins The dead from vessels, oad Of land.
ing ttcrefrom SEX sedmen or passengers pi.h,ut
maintenance and chapter "a, Of s-amen Uh0
desert their rssset.
Chapter s. Ofhar6or MATTERS and dock mas
tsTs
ton was so amended as to give power TO the
City Council Of Norfolk 10 appoint harbor
masters.
The rest of the sections Of this chapter were
passed on without objection
TIE Is. Taoerns, trauei On highways ind
patrols.
Chapter 80 Of houses of entertainment
Mr. BOYD moved 10 amend section Sd, SO as
10 authorize license 10 keep house OF enter
aEmeni TO be granted only on the recommen-
cation OF The toari CT trustees or council OF
town or, il not in town, by court oil the four
a, Arrest Justices 10 sand house, or on The recon
mendatlon Of such justices, or court composed
OF majority OF the justices OF The county And
if sny license be refused by The Court OF couD-
~ no license shal be granted 10 The person.
within one year, or before The next regular term
Of granting such licenses except by coun
composed Of the same justices who refused The
license, or Of one half VI all The justices oil The
county.
Mr. 4 knew af licenses 10 laverns, wheel,
w.re nui.ances, granted by picked courts. dc
wished 10 remove these abuses, and thereby serve
II. cause .; morality. Sometimes one cour' Te-
fuses a license, while The other grants II. tie
was ,avcrn.keepei himself and he was anxious
- remove the snar-s which were set Tor youlh.
Mr.. MONCURE OF s. thought, If the prov-
lions n, lhc Code were carried out the evil could
ne icmcdi,d. He was willing 10 go all reasona
bIe Ienshs 10 secure guard against The evils u
tppHns He thought that where one coud had
refused license, different court should not be
allowed 10 giant license.
Mr. MOORE sustained The amendment--he