Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-12-20

Mr.. WicguAM.-I move To amend tbs 9Th
section, by adding to il, us amended, the words
'or ID debts DUO the Commonwealth.
Tho amendment vai agroed to.
MIR. CApExToN.-- desire further % snAuI.'l
the first section, in hra, linc, 10y inserting: us-
ter the words ".&sri tac:aa," il, the anondm en-,
which l have just offered, ths words "cr rem,
2it:oni erpouus," So that that part Of the se,s-
ton will rcSd:
"Be it ordained, That TO execution Of fer:
facias or rendition eaFonaS. other than il ia
vor of the Cuminonwea;th aud against nan-
residents, shall be issued irutu ths iiute hare
Of" &c.
The amendment wGs adoptcd
MT. MosHls--s r:oIosa 20 amend ite fifth
section by inserting after the word 'Ay-sisnl-
ers,' tie Tords, Sex H;ciuasr," SO tLat ,hai
part oi the section will read:
"Jn cases Of misdsinesnoT, jur!es Ensl! bt
summoned from the hy-standsrs or 1icioaf;e, "
&c.
The amendment Vas adopted. -
Mr.. .T orps.--I move 10 "::se!!i The sixth
section ~ a6dn., :;:;u: Tie "C!;:s ''Lcr IL
debts d@y 10 ;ue GnrutncGwea;tl.' which was
tho ainerIMea: Just aiorc. ~ The gentie
mar from Hvor:co, tMr, N.cEHAaD the toi:2*
Ing
''Pro7:!ed, That nj ::a:e, @i!i, acceptance .!
cthas Oh, .ti0n. tii5 confederation of which is
ali. = .: * ebiIsa.ioa, st pTasen: eSist!aE,
shall h. ur:d or considered as del: i.:;lc,.ii.r
contracted"
Itis amendment vas agreed :o.
Mr.. JoHSsEcE, ni Lee aud ScotI.-( no:o &c
smend by offering sne ioilo-iNy ~ an i;!da-
pendea: section:
Nothing in tiiia ordinance ehal! CO held tc
chsngs tee ag;acluiciisa ao;GoT.2-1 iS Jaw CT
ii equity, except 10: rent
The ana:drlert wGs rejected
Mr.. MokRIs.-i propose to auisnd tue iodr:il
scc:ion b. adding, attnr :;ie word 'jarg,' tGl
words, Except where the 2hr.ias ii.iga@; sshii
consent 10 The trial Ct snT csus2 ,! the i.i;c.:S
row provided ny law. -
Mr CA7EsToS. ot,ect 0? tEiS pTo7isi2u
vas to dispense, rs is'I aS c9ui': p', "i!a !As
attendance Of iuris3 aa:! "itrtS3eG.
Nov, If this aInendiaeas prevails, It VII!
ccChict With yhat dcs!s,a; 10Y The parties 10
suits nay actually summon witnesses 70 i.sTo
then. il attendance aDoa the court; ani e.
though yt;o case Eua= nc! be tried Sj i iary, il
will max: Il necessary that ;Ee Witnesses
should at.l be summoned, BECAUSE willie ever
there vas ali uncertainty Us 70 the parties cor
sentipg 10 trial HJ jury, ;io attendance Of
the witnesses would be Necessary.
Tho amendment wss rejected
This ordinance being perfected, Tie Question
REQUIRED upon the substitute offered bS NJ.
SEAwELL, as given III tie moru,ig proceed
ings.
Mr.. SEAwElL.-1 will asE leave 10 amend
ny substitute Ly inserting after tho word
''thrse," in ,he 3rd ine NJ the 3cd section, tho
word .'disinterested," 80 lis t5 make Ina. part
Of the section read
''If the debtor shall cii=r 10 such bond or
other security as aforesaid, it shall De the duty
of the officer in whose hands such execution
may 80, 70 coGyeno three G:s.ui4res:cd iree
holders" &c.
The amendment was GgrscJ 20.
Mr.. SEAwILL.--I propose further 70 amend
the sixth section oy inserting alter !hs +"cd=
Officers" in tie second iire, the "aFiA 'ur
debts due tho C0MmonSsaiFf..' SO ,hsi tia!
psfi Of the section Vii! read
This ordinance shail not apply % liabilities
on the part of puoic officers, o. dcSts Que ito
Commca y cath.
The amendment TL5 adopted.
The question now i7as upou MT. JEawCI.' s
substitute to s5s: offered ty GT. GccGE;.
.lT. cOtSlH.-i ASSepl LIZ SuuSLiNS>S VI 't'S
gentleman from Gloucester, (Er. SEAIELi1
Mr. SEawELL.-Then. sr, the Te;e comes Up
directly Ipan iny substitute,
do not n=an 10 detain this Convention fer
the purpose OF urging any schemo oi
miro. saw that the scheme os the coumit
tee vas defective, aud ;niak that ihe amend
ncnts :hcy have addsa 10 it t7-tay shows ths:
there was something in the idea entertained
Of it's defects.
With regard to :hia matter % lien. 1t saen,a
To me that ali we tare ID do in passing 1T ac'
Of this scrt S, 20 leave lcc y:art!ea exactly Rs
we find them. II you deprive nan Of any
thing which the law allows BIN, re unavolt2'
5!y intict injustice. If judgment has been
rendered anc: an execution is6ucG, toe creditor
has, in ny opinion, acquired that right aud
that degree oi security which ne ought not u
deprive him o. Hence, / provided IL she
substitute which had endea7crsd to frame,
that the execution being raturaed to Tue CLERK
Office, after tho hond which is required shall
he refused &c the officer, sha! that priority oi
lien which It had si:ail &c retained, and nc
tkirs more think it ia vcry clear that ;ou
ought not to deprive the credi!oT OF ta's iieG
which he hsd before. Although 'hs debtor
may be poor man, ana may be inconTea!-
enced by having his property tied up, YET the
creditor may be poor nlen.too. ltTcry often
happens that tho creditor ia;: paareE !:an than
the debtor, and therefore he ought 10 lose NC
thing that tue aw gives him.
There is another reason 1S:ly this ll5E casi'
10 5e retained in the absence Of sach re-
straint, the debtor may take MS property ana
sell 1t teiJro The eyes Of Dis creditor, aiio nc
has ro reiae;ly bat to submit
This substitute provides against Su:ii al ir''
Justice as that, and secures TO Inc creditor the
lien which he now has. There certainly can
be no objection to this upon any ground Of
Law or equity.
The fourth section provides that, :! excc2t in
criminal causes OH behalf OF tie Common
wealth, shera shall bs 40 judgment :! da2ree
for the paymenr Of money rendered by eny
court Of record OF single justice" &c.
Now, that lsa7es the courts free TO rcnde:
Judgment ior specific property. |: leaves
them free to render judgment in any causc eE'
cept for tie payment Of money. So that that
meets one Of the objections that the g"nt'eihaa
from FauquieE (Mr. ScorT,) suggested.
1t is not worth whi;e 20 say anything in &c.
gard 70 the hl.h stc;io:!. 1t gays n Sases OF
misLencanor, ;urics stall be Summoned ir2m
tho 7ic;:iage," &c That includes hyatandars,
and il gives eu.hor.tJ- to the t,aTsy accused anu
the Oc,ninouwcaitn's s a:tUruey !o have the
cause submitted to the court without s jury.
The sixth section provides that this ordi-
nance "shal no! apply 10 liabilities on lhe
part of public officers, or debts due to the
Commonwealth, thus meeting another ohlec.
ton suggested by the gentleman from Sau-
auier. {Mr. ScoTT.j 1teoEtsins another iEnpoT-
tant provisic;.. There are geea! many deeds
OF trust and large Sums cf uioucy that a's now
in tho hands oi public officers and iidn1lares
upon which fstcilies are dependent ioT their
support; erd nave p7oyidc:! that in all cascS
of that sort the party may hio MS petition II
o court Of equity, and the court apply : RENE
dy to the s:Gte OF facts existing al TIC timc'-
You canaot apply taat r=usedy property in a