Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1853-01-04


| To the Editors of The Enquirer
| Gentlemen: Permit occupy small space in the
columns Of widely circulating paper amid all The I'm
poran, suhrc that will occupy The attention OF The Viz
oina Legislature while il is in session. 10 present
perhaps, OF Importance; which notwithstanding II
will compare with the subjects OF internal improvement,
and political arrangements which are considered To be
of paramount interest yet Is matter in which The inter
convenience OF this entire community are intimately
connected.
There has been much legislation this State ahridse,
cnpdense and add laws make them useful convc
njept citizens AT the time perfect and "a
practical as no sble; but crc, which much remains
and ever will be done; and which can only bc accom-
psed The experience OF those on whom the laws nave
10 scope of the intelligence ct no one 4" ~"
or more legal tcn huw their atainmcnis,
or width Ot requirements they may have comprised
being quaic task. That portion OF the Code "i
Virginia would call attention 10, relates 10 the &C
and certifying Of deeds conscyances &c
without pretending any accuracy in tie hIsio-
nv of our legislation This subject believe the following
brief outline 10 be tnletably In first days OF
our republic law required when deed 10 DC made
of record that II should be acknowledged D! al
The parties concerned in open Courta practice cnanan
no doubt the country from which we came and from
which we botrc wed al Of laws and which The
sale of lands, &c. OF very are occurrence The law
then altered that deeds, &c, could be Acknowledged
before of county Courts in the recess OF the
Courts and before Justices Subsequently, and may
b. said recently the law modified 10 permit one
Justice 10 receive the acknowledgment of all deeds &c. but
nosc in which fcme parijcs-whcn their
acknowledgement lnd privy examination is pc certified TO- The
yet rtqu:ng that Two justices shall be hecs-sa:-"
appointed BY The executive also empowered 10 perform
The same service Thus remains the law nj this tlme and
The proprlety ard necessity OF requiring Two justices TO ON
cate when certificate required OF the acknowledgment
and pvy examinations o. tene covert Is The object OF s
communication.
This subject has more than occupied the attention
of the Legislature OF its committees and hitherto II
has refu n single Justice the power o TnGk
ing the privy examinations, &C. CHcumSiances however
have been varied which may induce different l"gisan
by of the new constitution The Justices ana an me
parties in making and certifying dees &C. never
fail in every instance when called on to meet WIN m"c
difficulty and Inconvenience TO make an appointment anu
meet ogchc tine and place or inns PURPOSE
One day suit tr convenience OF one ana pooaoy nor
Of anoher-ntted rarely happens, that one "l these a
pon men,s 10 vi tain house in the vicinity Tor such
purpose can made convenient TO all VINO are nrr'-
a,v with The Transactions. The party wishing
la execute deed &c. and have the prvy examinations :"
his wife Sc must necessarily each Justice, and each
Justice informed afterwards mat he 10 |" hc met u
certain place at certain times and then the weather may
Illustrate ,hai the labor has to b" rpcnd
The Justices live FIVE six miles apart party calls on
one Justice such house on s"ch day al Sici al
huur Yes ii i:ccd the party goes I" Inc next hstce
Il ar miles d.ani md proposes him 10 mcet The INST
sce according Ia the appointment made Win mn,
No il is impossible. He has another engagement tan
attend then, but will snch day. which may not an
swer 10 of thu rs and thus is scene Is
constantly occurring, to the annoyance anu nfi'h'i
of all with the Transaction II is literal record {"
facts II justices were live by and for their Office II might
be different Office held merely Tor III. convent
ence Of Others and profit honor ~ the lncn'' ut
II is the Of "srecure thcre were h"'hns
more to he said these ia is wOGd show that The law sorld
do something and any thing not OBVIOUSLY wrong ana ;ju
rious 10 relieve all Of the trouble dIcuty and
labor OF very simple and every day Since III
action OF tie. last Constitution and the present session Of hr
LEGISLATURE the number uf Justices very much lcssened
and the difficulty obtaining their pr0potonahlp
increased In Of til: counties, there are not ali me
number that there ormcTy and in every County the
reduction fully third The author IF this article lives In
n County District, II miles long, and from 10 s WIDE 10
which there are only four Justices; elected with no refer
ence locality. Now any rejecting man VIII readily
perceive difficulty in procuring the services Of two to
any very ordinary purpose, which could be as faithfully per
formed hv thousand. Before thu last rcvisa and
rcmodrlinp ;nd il is difficult 10 say what other "n"ra"t
The laws This commonwealth subjected Il" Justices
up opinion chiefly for convenience sake maj me!
we're no; present together the prvy examination Of lem,
covert bni attended at separate times to sun 'ne'r convent
cnce il discharged the requirements OF The law; but nnie
The last these laws the Justices are given 10 I'M
rrstaudn ermne of the statute that thcy are 10 place
no such cn ,m.'iun, and together they must gang.
rhr JUST, are now paid their service an. Two 1n-
tees cost ,i parties how they may be- y
cents more would Its nothing 10 the rich but ina
little sun is felt by poor selling his fifty or SUI
worth Of land, The whole Of deed now, may anlomr
10 or per of The amount OF the sacs-S2 81 10
writing deed TO the Justices 81 5o to The State 81 GEMS
and then the clerks fee for recording, nehry 50 And m
amount Of sales may be- and frequently is less than fifty d.!
lars.
VIVA, are the objections 10 ono Justice officiating in III
premises? Literally phantom something ideal and tina
hardly existed will exist in humanized 80
ccy The sole ground is that between one Justice and vi
anuus husband, the wife may be deauded The Justice ma
be induced sign certificate without examination an
acknowledgment Of the we or the Justice may decClv
the wife aud make her believe the instrument is something
else than conveyance her rights in her husbands land
ANY evil under the may be surmsed; but is il
able that legislation shond guard against any that are nc
probable and which have eSiscd Our Jursrudenc
scarcely knows of the existence Of any attempt 4; such
fraud Ii may be- said in reply the law has prevented
with Two justices The clerk is by himself, the notary
alone The commissioner outside OF the Stale is alone
far away; instances have been revealed OF such fraud
pracsed by any If them And will any one pretend. c
dare ~ saya least will any member of the Legislature i'm
pedy or expressly say that the justice has not az high