Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1861-12-17

nos Ill trtcU IL the hHnGS y. Oh -e-S. N..ei'Gc
! !Cr.eh or net If the debtor shall tend" D1Ld
Wit: sufficient security. conditioned for =
payment oi the debt, interest aud c3st @t &c
! expiration Of one year, at any time before -
! o.. li.t d.; ci sale IN all such cases, whtre
! prn'-r;r has bacn lesici on, upon Il. givin:
! ot euca bond sucn proE":::- ,ai be restored
to the owner, and such ovnd shsIl bere,G:ued.
and ike proceedings shall then Le had as IL
the clsc OF forthcoming bc2ds
,. Ii lie debtor offers no such bond, il sha!!
be the duty vi the ofilccr to sumhoE iirac
! frcclu;ie-s oi the vicinagc, who, atte, bldg
! !rst sworn for the purpose, shall proceed u
value the property according 10 what would
have been its value on the 9Th day Of Novcii;
ber lSG9, ,:ad unless the said property shall sci
fcr the full amount Of such valuation, it shall
hr restored 70 the debtor. Provided, however,
hat the lien of the creditor upon such prep.
cr.y shall thereafter remain as il his u, ia.
were in force in the hands Of the CtHcer, AID
not levied.
:. Except in criminal cases or Common
wealth's prosecutors there shall be 10 uia; OF
any cause requiring the intervention o. a jury,
but either party to such cause sha!! have Tho
right, upon reasonable notice, 10 take the dcpo.
stions Of any witness TO be reed de benz 1sft.
D. In cases Of mlsdemeanor, juries shall be
summoned from the by.standcrs, AMI not under
the law as it now is; and with the conscn! ct
the party prosecuted, ;hc cause uay be tc,:
by the court.
i. This ordinance shall not apply 10 liah!ii
ties upon the part Of public officers, .ilh.I 10
the State, 10 counties, 10 municipal cVrp0rs-
tions, or 10 i1dividualS--ncr 10 the iiubl:.iis
of drcaries in their character as such.
r The time during which this ordii.rrcs j,
in force, shall not be computed in any cs.e
where the statute Of limitations comes III Sucs-
,ipn.
s. This ordinance shall expire oa the CO.
day after the assembling Of tie rc.t 'i"n"r2!
Assembly.
The following IS the substitute cTtrsi ay
NJ. S.awrLL for Mr. GcCGIN's substitute =:
given above:
/. B. il ordained, That ~ execution sllsl!
be issued from and after tho - 1sy y! -
lsCl, ON any judgment or decree OF any cour;
of record; nor by any Justice Of the peace; 70"
shall there be any sales under any deed Ct
trust or mortgage or decrees of any coul: Of
the STATE, Until otherwise provided by law: eX.
cept fu. Tie collection Gl interest and costs Cue
thereon.
=. Where cxccuticrs have issued frcm -,
cour, of record =" single justice ar: are row
il. tie hands Of the proper officers. whether
levied cr no., If the debtor offer - the 1it!c.r
n wh"sr Ef;.ds such execution u"y DC, b0ad
with good security. cc1di:;outG !or the pac-
lncnt If Tie debt 10, m-.ll such execl.."n
!ssu:G, with all interest costs and daniascs
thereon, w.e5 pc O,:c:a.ion Of this oTdi,aa:2
ceases, sa!,: txsGa::on sil.,ii be ;eturIed ~ sa
cfI' to lie ,E.cr from which It Esur', or &
tie clerks o.hc- pf the county court, If ISSUE
hr Justice, AID .he bond SO taken shall be
returned wit. At, rG said Officer. Ir lieu -
src- "cnd and sucr-'.-, the said debt, inteics;,
damages md cos.s Tor which said execution
issIut ,Hoy be sccured by deed Of trust o-
mortgage, - .Csl ur psNonal estate, !: ..c
parties Interested sha.l prefer so to secure -
saEc.
s. Ii the debtor shall oGtr no Sucn bond =:
ether security. as aforesaid, itshail be toe a.,
ui tie officer in whose LANDS such execution
!uav b.. to c.0vene three trecholders OF Ito
yicin%:r, ho, after being duly sworn by such
Cil!ccr. Shall proceed 20 va!uo any property O.
which said execution may ha,c been levied
according to what would have been its 80.
On the Gtn day Of November, $780, said CT! go
Shall then proceed to offer said property ior
sale according to law. Unless the sane Isl:
sell for -: amount Of such valuation, i. sh;.!!
be returned to The debtor. But the caiI exc
cut;cr shall retain its priority Of lien on sui''
property na.:l otherwise provided By .a~.
ProvlLed TIA. uil the proviso-s If this azG
the ;,:tc.din. section may be d:sregarccd T."
consent of ali parties interested in such cxeca
Iion.
+. Eicsp, in criInina. causes, on botGlf OF
the Commonwealth, there shall be no judS-
lneat or decree for the payment Of money rel.
iercd by any court Of record or single justice,
in this State, from and after the - day Of
- 1861.
). In cases Of misdcmcanor, juries shall be
summoned from the vicnage, and not under
the law, as it now stands, and By consent .!
the party accused, and the Attorney for the
Commonwealth, any such cause may be sub.
United to, ani decided by the court in which
the same - pending.
c. This ordinance shall not apply to liabi!-
ties on the part Of public officers In all cases
of money due and payable by aduciaries, pc
t:ion may be Gled in cbancery and payment
enforced by decree CT the court in such mods
as it may deem proper. Provided that nothing
in this ordinance shall be held to extend to al
tachuents authorized by sections l, y, 3, !
md Of chapter l5l Of tho Code Of Virginia.
:. The time during which this ordinance
may be in force shall not be- computed in any
caso 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 tho State; and if not SO
repealed or changed, shall expire at the end OF
thirty lays after The first day Of the nezt Ge-
neral Assembly.
The question was upon this substitute Of.
fered by Mr.. SEAwELL.
Mr. CArERToH.-Before tho vote is taken, it
is competent for US to perfect the original or
dinaace.
Mr.. CHAsBllss.-I propose. on behalf OF tho
committee, to amend the 4.h section by st!:s.
ing OFT ali after the word Jury in the third
line, and inserting "nor upon warrant; for
small claims before ajust!ce."
The amendment was agreed 70.
Mr. MAcFARLASD.-G move to s!.iko out the
9crl "muncipal' in tho sixth line.
The motion was rejected.
Mr. CnAMoLIss-I propose to add the fol
lowing, to come in at the end c! tbs ordinance:
This ordinance shall remain IL force until
repealed or changed by this Gnn:ention Gr
tho General Assembly of the STATE ard if so
| repeated or cHacSeu, Sa2il cSplT9 u. TIE enc G.
thirty iaYs after the fret day Of the next
General Assembly,"
The amendment was agreed 10.
Mr. CArER7oH.-1 propose TO alaend the lst
section by inscr.ia. in -" 'hi-i iiny, utter the
word property IL words "until olherwis:
provided by l.a."
The amenhm4nt wss greed 10.
.lr. CArEE-oS.-I propose further to amenG
the lst section 5y inserting attcc the word
money" il tic fc"ctf line. the w0.A7, 40: l.;
the sale Of real G, personal property"
! M..' MAcFARL~yn.- y hope tho gcp;"!H2n
W, consent r. -77t:fcatlon Of his am:nt
nen5 tl:e prop:ie:y of which, AN sure. ho
vii see.
Decdz c! !:,1;L vsry frequently cover proper