Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-08-07
legislature.
EDITORIAL CORRESPONDENTS.

r.roura spstScs, WEDNESDAY,, Aug Isl '0h'
SENATE. n.o
Tho Clerk read communication hoHi W"
H. Of Delegates, informing Inc oena' :, tho
nv had rcceded from their disagreement " '"1
.$h and l9.h amendments OF tue Seha'ei a"a
tho, thew agreed 10 recede from The TIN ana ''n
.m.ndmeo,s 10 ,he amendments proposed oy 'ue
Senate: md that they had adopted sererai
amandments proposed by the Committee oil Con-
ference in which they asked the concurrence
u r ,n' motion of MIR KINNEY, tho Report Of
the joint Committee (of Conference) was taken
nm. and. on motion Of MIR. DENEALE, II was
adopted. coae
On motion of MIR. KINNEY, the Civil c0de'
pnrt Sd, was taken up.
FCbapter l4l-Interest. .;,o, wbo
Section 5th-"Any judgment cleuNo., n raa,
apprehends that ho is 10 danger Oh ios' ~ deb
SON of usurious dealings on the par' VI .;sad ~
tor, may exhibit his bill IN equ,J' -. ,bs
affidavit, q sinst the party WIN W. n:aaarer
dsa,;oa. were had, and compel him to discover
s,b al bargains, contracts OF Shifts re'a'
~ - sncb dealings and if it appear that more
.ban l.saI interest has been received, the excess
.hnvs that rate, or so much thereof as may %
n.c,s,ary, snail be applied to the satisfaction Oh
the nlaintitf's demand. In any such suis .ne
7 debtor shall he a competent witness 10 prove
the usury." -. "a to,,ow,ny
amendments. After The word may" 10 Tue
third lioe, insert "at any time w'thin nvc yea.s
after such dealings"-ninth line, alter .ne
,yora udehtor - insert "when released oy 'he
nla;ntif from all liability and al the emo OF .no
section insert, shut such release sna 90 w "a,
m ,be nlaintff's recovery against the defendant
The amendments were advocated oy Messrs,
THOMpsON and WITCHER; and opposed
=, M,ssrs TYLER, STANARD, SHACkLE
FnRD sTRlNGER, CARLlLE and PIi >;
and Mr.. Kinney thinking that members nau OK !,
hausted their privileges upon the subject calea
for ,ha preyious question, which was sus'aineo,
ard the amendments (the ayes and noes caieo
by Mr.. Taompson) disagreed to-ayes . ''''
The one,,ion then required upon the mo.on
os M Tvler fmads yesterday to strike ON .,o
Sa,lowinr words at the close OF the section. ~
an. .ncb anti the debtor shall be oompe'ep'
witness to prove the usury.
Mr. sTRINGER called for the ayes anu noe''
and the motion to strike out was asfeeo W
ayes IS, noes T. .,r;L.
Mr. TYLER renewed the motion to striHe
out the Oh section, which was adVoca'eu ~
Messrs. TYLER and STRlNGER; anu oppo'nra
by Messrs. STANARD, sHACkLEtunMn IN,
CARLILE and KINNEY, and rejected -lM,
Stapard calling for the ayes ana nossi-
10, noes 10. i. c.uow;ne
amendments: din, mart
the word, where no discovery Is fequir'u "
the defendant, butt
"Th;rd line. after the word interest, insert
,ha words The Court shall cause an issue TO be
made up and tried at its bar BY jury, whether
or no such dealings be usurious. On the trial
NJ such issue, neither the bill nor the answer
sh.ll be given in evidence. If the jury Ind such
dealings usurious, then"
"And at the end of the section add, out 'ne
Court may grant new trials, MS in other cases
Upon which MIR. DENEALE called the pre-
v;ous question. which was sustained, ana inc
amendments adopted.
Mr.. DENEALE moved to amend the secona
section, by adding TO the end Thereon toe ioi.
lowing words, las TO any excess ABOVE 'ns
rate Of interest allowed by law" Advocated
nv Messrs DENEALE, PITTS aud SLOAN,
and reiected-ayes 8, noes Il.
On motion of Mr. WITCHER, the following
new section was adopted loeing the old la~'l
IN come in at the end OF sixth sectioo:
"lf ary person shall by any way, or means
Of sny corrupt bargain, loan, exchange, smut,
GOWN. device or deceit, take, accept or receive
for tho loan of, or giving day OF payment ior
money. wares, merchandise or other coinmodi
~ above the rate Of six dollars for one hun
dred dollars for ono year, every person SO OIL
fsndnp shall forfeit double the value OF Inc
money. wares. merchandise, or commodity so
lent exchanged or shifted lone moicty to the
nae Of tho Commnnwea ith, and tho other 70 Inc
iniormer, TO be recovered with cosls.
Mr.. WOODS moved 10 strike cut the word
judgment" in Isl line Of the 5 h section. Re-
On motion OF Mr.. THOMPSON the follow
ing new section was adopted, 10 come IN De-
tween sections 5h and Glib:
"Any defendant may plead in general terms,
thar the contract or assurance on which the ac-
zion Is brought, was tor the payment Of interest
nj q greater RATE Than is allowed by law; 10
which plea The plaintiff shall reply generally.
but NAV give in evidence upon the issue made
np therein, any matter which could be given in
evidence under a special replication. Under The
plea aforesaid The defendant may give in ev!-
depce any fact showing or tending 10 show, thai
the contract or assurance or other writing upon
which The action was brought, was for an nsur'
Gus consideration"
Chapler $50. section !. o. warrants Tor small
claims.
Mr.. WITCHER moved to amend Ibis section
40 \, 10 extend The jurisdiction of single justices
10 sums of thirty d., liars. This motion gave
rise TO considerable debate, and was advocated
by Messrr WlTCHER and DENEALE and OPP
posed BY Mts.rs STRlNGER, TYLER, RIO.
GERS. SHACKLEFORD aud STANARD,
(ur. STRiNGER offered an amendment extend.
ine the Jurisdiction 10 $50 instead OF $50, Tor tie
ayowed purpose, as be said, Of showing The fall
LACY Of any extension OF juri:d:cion whatever.
He s,ated that his constituents were in favor OF
The measure; but that be would meet them "f7t
footed" upon the question and show them tneir
wIong)
Mr. WOODS called The previous question
which was not sustained. And on motion OF MIR
the Senate adjourned. (Leaving The
question as the order OF the day Tor tomorrow The
Rcporter has no hope OF The success OF Mr..
WITCHER'5 molioD; but has very strong con
vctions Of The necessity ot the mcasuTc.) |; IS
expected that Messrs BARBEE, SLOAN,
WlTCHER and others will speak on Inc ques
tion tomorrow.
HOUSE OF DELEGATES.
In the Hpusc, after JEALOUS competition for
The floor, points o: order, g., Mr. PERROW OBJ
tanned the floor.
Mr. STOvALL rails. d point Of order, lha'
the previous question having yesterday beer
moved on the engrossmen, OF the fourth mari OF
the Code, was nos The question before he House.
The Chair overruied The p n,-shewins hat the
adjournment cut oG The previous question.
MIR PERROW then presented a bill u peace
and compromise on he ycxa,ious jury question.
/, provides for the Jurors in the Circuit Courts 10
be paid out Of The Treasury, and Tor the Jurors in
the County Courts 10 be paid ont Of he county
levy. This schsme he 'h1ash', should ccmmand
lhe support OF The friends oil both the modes oil
payment proposed. MIR P. explained The merits
Of his bill, which he though, would secure good
Jurors, and avoid the trouble and delay OF ballot,
ing, &c.
Mr. WATSON offered a proposition of his
own, tl3 scciionsl providing the old mode CT
jurors, in PANEL OF "a for each
juror 10 be over q years OF
age, and owning properly Of the value OF $3.50
The scheme is based on The chapter in the Coce,
with several variations engratled from the exist
inc law IL makes no nIcYisinn fnr IA ping In,