Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1852-04-12

thereto can be adjusted. such damages as
they may sustain by such suspension.
The sale of the property shall he sus-
pended at the instance OF the claimant of
the properly: suspended by whom and
howi By the oficerl Surely not. No au-
,horifyis vested in him. in any part Of this
chapter, 10 make such suspension. And if
it ere. it would be at his option whether
he exercised that authority or not; for The
ndemniiying bond. provided the security
he good, is bar 10 any action against him,
in consequence Of the seieure or sale. But
in order to ascertain and decide the rights
of the claimant. il is necessary that further
proceedings under the execution should.
IN the meantime, he Sfdyed. The first and
second sections empower the cont Or the
Judge IN racdtioa, and not the officer, to
make all necessary orders for ascertaining
| the rights of the claimant 1t is believed
that if that portion of the 9Th section. Civ
ing directions as to the suspended bond
could have been embodied in the 2nd sec
ton, al, difficulty. as 10 is meaning and ef
feet. would have been avoided. If the
mere delivery Of the suspending bond to
the officer operated as "A suspension of the
sale of the property. or authorized him TO
suspend it, there would have been no ne
cessty for the provision in the second sec
ton. enabling the claimant to make an ap-
Piicatioa to the jad.ge in raration for any
purpose. In that event, the application
to the judge in vacation could be for moth,
ing else but summons to the parties tn
appear at the next erm,for the purpose of
having the ri ght ofproperty decidedly hich
would be transferring TO the Judge in vaca-
ton one Of the appropriate duties of the
clerk of his court. The sale Of the prop.
erry is not suspended by the delivery Of
the bond to the officer, but only entities
the claimant TO a suspension of the sale
to make his application by petition or
otherw Use to the Circuit Court or the court
of the county or corporation in which the
property Is taken, or the .iud &c of such
| Circuit Court in vacation, for all neediul
rules and orders which may be necessary
for ascertaining his rights, amongst which
an order snspending the sale Of the prom
erty is esserlial. 1.-THE Legislature had
intended that the mere delivery Of the sus
pending bond to the officer, should author
lze him to stop all further proceedings IN
der the execution, this important power
would not have been expressly given; and
surely some provision would have been
made, to enaLle the execution creditor To
proceed against the claimant of the prom.
| criv in the event Of his failure to take anv
steps to assert his rights, as in the present
case. The Court is therefore Of opinion.
that tile sheriff ought not 10 have stopnrd
pgoce, dings On the execution Of the plain
ntt. when the suspending bond was de-
livered to him, without an order from the
competent authority suprnding the sale.
ltls therefore ordcre,! that the sheriff
do proceed to sell The slaves levied on. ac-
cordiug TO law, bat should he have released
the levy, leave is given to the plaintiff 70
sue out another execution on their Jug
ment &c. But this order is without pre-.
judlce &c.
W. p. Bococl and S. O. Southall for the
Plaintiffs.
5. G. Anderson and ] T. Thornton for
the Defendants.
do not pretend to give the foregoing
opinion in the language as delivered, bit
| only in substance. The exposition of che
law and reasoning, il support of the con
slruction, were Gear, fall au.! ,onyipcinc
and acquicsced in iy the .rembers of the
bar so far as had an opportunity of as
certalmng. NJ.
s.A4G l>cetils ia Patrick.
y PoFFl". OF the Wings Of Patrick met
al th> 'loart House, the 22l day OF March,
80 .rt-day) for the purpose Of appointing
delegates to the Wing State Convention
to lie held in Richmond tie / iih day OF
April Ecxt.
The meeting was oreanizeln y calling
Captain Hansn Criix t. the Chlir, and ap-
poiniins .lno f. Noel. Secretary
The Object Of the meeting Was explain
ed by DR.. VIM. c. Staples; WHO offered
the following preamble and resolutions
which were unanimously adopted:
Whereas, the time is rapidly approach
ing when the battle bctw cen the Wing
aud Democrat parties is to be fought, and
the question decided as to who is to pre-
side over the desiinics Of this nation for
the next four years and whereas. the
Wing party of this county, instead of be
ing dispiri'ed by defeat and broken down
by disasters, are cnducd with new life and
energy. TO hattie in defence Of the great
principles so dear 10 the heart # every
trne Wig: and Whereas. we believe thui
upon the success of those tlmc-houored
principles. depend, not only the prosperi-
ty of our country at home and It's peace a
board. but the very existence Of free 'ASh
tutions. and hence the destiny of free priR-
ciipies the world overland that 10 ensure
success in the approaching Presidential
contests unioa and hdrmoay in our ranks
are absolutely uecessary-therefure,
Resolved, That We approve Of the pro
position TO hold State Convention, al
Richmond. on the liih day Of April, aud
the Chairman appoint the delegates to
represent this county in said Convention
Resolved. That we hereby pledge our
selves to supper, any good andtr Wig
who may be nominated by the National
Cor, cn,ion no is sonadupon the slavery
question" and who is aodliag 10 abide by
the measures o. the last Congress, known
as the "Compromisc measures
Resolved, That we have an abiding
confidence in the patriotism, integrity ard
Il
approaching the nationality. conservatism.
iupaltialify. lirmness and AMERicANIsM Of
III, trn'y able Administration, we instruct
our delegates TO the State Convention to
urge his nomination for reelection.
The blank in the lst resolution was fill
ed lry the following names:
Samuel G. Staples. Henry Lane. VIM.