Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-12-13


he returned with it, BY said officer. In lieu OF
such bond and security, the said debt, interest,
damages and costs for which said execution
issued may be secured by deed OF trust or
mortgage, OH real or personal estate, II the
purties interested shall prefer 50 70 securc the
! same.
9. If the debtor shall offer no sucd bond or
o,hnr SECURITY. as aforesaid, it shall bc the duty
of the officer in whose hands such execution
may lie tn convene three treeholdcrs OF the
yicnaso, who, after being duly a~orn by such
officer, shall proceed TO value ahy property on
which said execution may nave oech leYied,
according 10 what would have oeel us value
on the 9Th day Of November, ls6o said etli =
Ger shall then proceed to oiler said property
for sale, according to law. Unless the same
shall sell for the amount OF such valuation, II
shall he returned TO the debtor. But the said
execution shall retain its priority 81 lien on
said property until otherwise provided by law
| Provided that oil the provisions O! this a:id
the preceding section may be disTegarded by
consent of all parties Interested IN Such execu'
! ton.
j. EXCEPT in criminal causes, on behalf OF
the Commonwealth, there shall be no Judgment
or decree for the payment Of money rendered
by any court Of record or single justice, in
/ this State, from aud after tho day OF
| 1851
i. In cases Of mlsdcnieanDr, Jurlu, sl,aIi ut
summoned from the vcinage, and not under
tho law, as it aow stands, and by consent ol the
party accused and the Attorney Tor the Com
monwealth, any such cause may be submitted
to. AID decided by the court in which the satne
is pending.
G.. This ordinance shall not apply 10 labl:-
ties On the part Of public officers In all cases
OF money due and payable by tduciaries, po-
| titiun may be flied in chanccry and payment
| enforced by decree Of the court in such mode
az it may deem proper. Provided that nothing
in this ordnancc shall be beld 10 extend to at
tachments authorized by sections !, 3 3,
and 5 Of chapter Isl Of tie Code uf VIZ
ginia.
:. The tno during which this ordinance
may be in force shall not be computed III Any
case where the statute Of limitations shall come
in question.
S. This ordinance Shall remain in force until
repealed or changed by this Convention or the
General Assembly OF the State and if not SO
repealed or changed, shall expire at the end OF
| thirty days after the first day of the next
General Assembly.
The consideration oi the ordinance offered
by Mr.. RASDolpu, proposing an Increase III
the Advisory Council, was then resumed.
Mr.. SnEFrEY.-Allow ne to inquire whether
that ordinance defines thai the Lieutenant Gov
ernor shall DC enc Of tue five, or thar &c is 70
be an cx.oiticio member III addition to two
others?
Mr.. RASDoLpH.--lt SAYS expressly that the
Lieutenant Governor shall BE- one Cf the five
members.
The question WAS then taken On The adcp-
ton Of tuc ordinance, and, the vote being taken,
by a count, reSulted-ayes #, noes 22; TO
quorum voting
MI Goopg, Of Bedfard.-AS | understand,
an ordinance has already been passed, in addi-
ton to that organizing this Council, for the
purpose Of defining the powers and du
ties Of this Advisory Council, SO that
they and tho Executive might act
hurlnoniously Inasmuch as some dssat!s
faction exists as to the character Of this organ
izsticn and the increase Of its members, will
offer the following resolution as means to set
| tie the whole matter:
"Resolved, That the ordinances heretofore
adopted IN regard to The Advisory Council,
and the or,inuucc now Inder consideration,
be referred to committee of five, With in
struclions to report On ordinance fixing the
number of said Council, and also defining their
duties
Mr.. HARvIE.--I rise 10 question Of order.
| This House is now voting upon that PROPOSE
tion and it is not III order TO make any motion
il reference 10 it.
Remained here three days in the LegiSla.
ture upon proposition of that kind. \ vote
had been taken upon question, and there be-
| ing no quorum, We were compelled to remain
inactive until quorum was raised, no other
proposition being, meanwhile, admissible.
The PRESIDENT Chair decides that
motion is in order. A vote was taken, but
there was no quorum, and the question stands
! precisely "a if there was no vote taken al all.
Mr. JOHNSON, Of Richmond 1t seems to me
that the resolution Of my friend from Bedford,
(Mr. GooDE.) jces not at ell tend to simplify
the subject under consideration.
We nave an Advisory Council already, com.
posed Of Judge Allen, Col. Smith, and Capt.
Marry, All of whom, believe, occupy high
positions; and it seems 70 me, If they. who ere
! constantly in consultation with the Governor,
cannot determine their duty, VIC certainly can
not determine it for them. ] do not see how
We, who are less competent. and without the
means of information relative to these duties,
which they lpuat possess, can safely undertake.
to define for them duties Of which we are nc
cessarily ignorant
Tn. Council as understand, have been
acting harlLoniorsly thu far, and it is now
proposed, because Of an increase Of duty, to
add two 10 the number of ;l.at Council not that
they do not do their duty, or that ne distTust
their qualifications ct all. On the contrary,
We have entire confidence in all the members
OF that Council. The proposition simply is,
to relieve them in part Of duty which is now
too oncrous for them. But for ] committee Of
five 10 undertake to suggest to them wha.sis
their duty, would be to increase their cmbar.
rassmeni; and with great respect to the gen
teman, move to lay the resolution On the
table.
Mr.. DoRMAN-I would ask the gentleman
to withdraw that rnolion for . moment
Mr.. JoHSsoS.-1 regret to have to refuse the
| the gentleman.
Mr.. Turner, OF Jackson.-l rise 10 qucs-
ton Of order.
4 committee has heretofore been appointed
to define what are the duties ut the Advisory
Council and their relations 10 Tie Governor
That committee has reported and its report
| acted upon, and therefore consider 1t cut OF
order to appoint another committee with refer
enco to that subject
Mr. GooDE, Of, BcdfOrd.-Wiil my friend
from Richmond, (Mr. JonSs"S) Withdraw his
motion for a moment?
Mr.: JoHSsoH gentiolnon from Rock
bridge (Mr. DoRMAS,) has aTcaly asked me to
withdraw it, and declined to do So there.
fore cannot Withdraw it for the gentleman who
now makes the request. Bot shall do 50 at
the instance Of the gentleman from Rockbridge
in order thai the gentleman may have an OPP
portunity to present his views upon the sub
ject.
Mr.. DoxMAS-According 10 tic construc-
ton of some people, at least, this Council is an
Executive Council The objection in my hear
ing, when we we're about 10 constitute this All.
vsory Council at first, was that it was q dual
| EyrcIiiva Ii is nnM understood by gentle