The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1883-11-01
Commissioner of Sales Bill.


proved, in it's general scope it met several
great wants OF our people by furnishing a
certain prompt and definite mode of SELL
ing land in judicial proceedings in each
section a repository OF information as to
the land for sale under judicial proceed
lngs i'll each section a record OF what
lands had been sold the price they had
bought; how much had been paid and
where it was deposited /; and Il security for
the deposit and safekeeping of the funds
arising from such sales.
In what L shall say concerning this bill
L would not be understood as rejecting
upon the legal profession for the profess
sion | have a profound respect. l believe
that lawyers, as a class. have more trusts
confided to them and are subjected to more
not even excepting the clergy, and to their
honor, be it said, their proportion of dire
Lotions to trust and duty is as small as
that OF any other profession. But while |
am lawyer, | am not of that class depen-
dent Tor living on commission from sales.
and If L was | would not oppose a bill
which remedied great and crying evil
merely because it stopped certain class
of professional gains.
am by no means alone among LAWYERS
in the opinion that too much OF the old
feudal idea of sanctity and inalienability
clings around real estate in Virginia. I'm
der our present system, while a man s
personal property may be seized and sold,
be it ever SO valuable, in a reasonably sum-
mary way, his real estate, however lnsig-
nificant, requires an amount of litigation
to transfer it, tedious and expensive be-
yond all reason. And yet this discrimina-
tiOn in the methods of disposing Of the
two classes OF property is utterly unreal
Sonable from the standpoint of to-day and
has it's origin in conditions of society long
since passed away. 1t is one of the many
things in which Virginia has Jagged be-
hind in progress, and the difficulty, delay
and expense of reaching realty to satisfy
debt is n serious drawback upon her COM
mercial credit. In many of the Northern
and Western States land is treated with
no more ceremony than personally, in its
seizure and disposition for debt. Upon a
| Judgment, execution issues and is levied
| upon land or personally indifferently, and
either OF both may be sold under exc
culion with equal facility, sheriff's deed
conveying as good title to land sold to sat
| isfy a Judgment as his bill of sale conveys
to Il horse, a COW, or a bond.
| How stands it III Virginia under ON
present system Why,to seize land it takes
bills. answers, references, reports, accounts,
DEGREES, commissioners reports, confirma-
lions, and what not, sufficient between
lawyers fees. clerks s fees, commissioners
fees for accounts and reports, with here a
nibble and there a nibble-tO eat UP Il fair
proportion of every piece ofreal estate i'm
pounded in chancery.
The object of the Commissioners of Land
Sales bill was to curtail the nibbllng bust
ness. If it had gone further, it would
| have baa,, hottor ITO i1p6orcfa This hill
let us compare the present system of sell
ing lands with that which it proposes.
| When land is ready for sale in chancery as
| the laws are now administered the lawyers
| in the cause, representing various inter
ests and numbering from one to four. OIL
4 five. OF six, are, by the decree directing
| sale. appointed commissioners to sell upon
| giving bond and security. Where many
! interests are involved and the lawyers are
adverse to each other, the bond is general
| " given, and the funds are deposited and
distributed in reasonable time, but at
considerable expense of special allowances
and even then 1T is notorious that lawyers.
| as a general thing, possess an inferior
knowledge of the best modes. times and
places of selling and must employ and pay
| auctioneers and agents to aid them. Ii,
however, the interests to be sold are rep
resented by one lawyer, who is appointed
commissioner, it has occurred not unfre-
quently that great delays and losses have
accrued.
The decree appoints q commissioner to
sell, and directs him to give bond in sum
named with security before acting, and tt
deposit the funds. After the court enter.
decree it takes no further cognizance Of
the case until laid before it by COUNSEL
Y ears may elapse in chancery cause with
+1,o 10
counsel in a case become interested in moi
placing the papers before the court, Of
course it does not see them OF remember
what has been done OF is to be done in the
case.
There is not lawyer in Virginia of any
reading or experience who does not know
that cases have arisen under our present
loose system in which lawyers appointed
commissioners to sell land, On, giri'ag bond
have nevertheless gone on and sold acathou
giving bond, collected the purchase none.
and spent it, or died insolvent, and thel
when the purchasers, who had in gOot
faith paid what they owed, came FORWARD
for their deeds, they have been told tina
they ought not to have paid until they en-
quired and learned that the commissions
had given bond and that all they have. pait
is lost. Shall quote authorities for this
No, for they are too numerous, and nobod.
desires it.
Another class Of cases is where lawyer
appointed commissioners have given bond
but the security was never good, OF ha
died OF become inSOlvent. and who the sc
curity was only becomes known when de
fault is made !; too late 70 benefit those VIII
lose the proceeds of Sale by the utterly la,
methods of appointing commissioners.
Again-when one interested in buying
the lands at judicial sales-say a specu
lator OF Northern inVeSter-viSitS a count
and wishes to learn what lands are il
market, their price, &C., how can he learl
under our present system? No recor
exists showing what lands are for SALE
True, he might rummage through all tn
pending chancery causes and find out, bll
even then he would find that in order t
get further details he would have to Sc
the various commissioners, no two tract
being in the same hands, and the lawyer
who are commissioners residing, perhaps
in half u dozen different counties. A seek
Ell for lands thus becomes exhausted an
disguised in trying to learn what under tn
; Land Sale Commissioners bill would b
: before his eyes. What does the bill pre-
, vide? An officer to sell lands exactly 4
we have an officer to sell personally.
bonded officer bonded for all cases, and i
eue,y case, and in a sufficient amount, be
fore he can act at all and not left to Civ
bond or not, as he sees fit, as is the Gas
/ now. Moreover, if any person is not sat
isfied with the amount of his bond OF sui
fciency of his sureties, motion agains
, them can test the question of amount an
sufficiency. This bonded officer is requires
) to keep in book list of every piece Q
, land for sale under judicial process Ill M
county-a statement of when it was sold
what it brought, the cash payment, the de
ferred payments. and where and when tn
{ money was deposited.
Observe the effects OF this:
Any person desiring to buy lands for sal
under judicial process can in one book the
learn every piece in the county, its locf
: ton, probable value and all concerning il
instead of travelling and writing over fiv
or six counties to learn the facts from a
f the lawyers practicing in the courts.
g Any client can learn from the record
what has been done, where the money
' which he is interested is deposited, an
4 when it is not distributed when ready fc
. distribution he will know the reason VIII,
Lawyers employed to collect will waite
and press the Land Sale Commissioners 1
sales, settlements, and distributions, il
5 stead of becoming, as commissioners then
f selves and holders of the funds, intereste
in holding on and delaying payment an
, | Il Of rbI1tiO low boo