Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-09-20
General Mahone's Commissioner.oi-
Sales Bill.

The ayes include HALE, LYBRock
NEwBERRY, WILLIAMS (Big Four
and Mr.. wINGIELD, Of Hanover
Senate journal, extra session, 1882
page liz.
This amendment was rejected by the
House.-House journal, page 2O5.
The House then asked for commit
tee of conference, which the Senate re-
fused by vote of 10 to l6-the Big
-Four and Mr.. WINGFIELD, Of Hanover,
again voting with the Democrats.
In this way they defeated General
| MAHoNE's effort to control very i'm
portant part of the business of the
courts by the appointment of one hun
dred and, twenty officers, with the varied
duties of the general and special COM
missioners that the courts now appoint,
they distributing them over the whole
State, and changing them in every new
case.
The great power that this patronage
would have given him can be easily un-
derstocd and explained by every judge,
clerk, and commissioner in the State
who reads the bill.
The refusal of General MAHoNE's
supporters to adopt Mr.. NEwBERRY's
amendment and make this Office elective
shows his sense Of the value Of this
power to himself, and his determination
to keep it out of the hands Of the peo-
pie:
A BILL TO CREATE THE OFFICE OF GENE
RAJ COMMISSIONERS OF SALES FOR THE
SIVKRAL COUNTIES AND CITIES ~ THE
COMMONWEALTH AND TO PRESCRIBE HIS
DUTIES AND FIX HIS COMPENSATION.
Section /. Re enacted by the General
Assembly Of Virginia. That there shall be
appointed by the Governor OF the State q
comm ssioDer OF sales, to be known as gem
eral commissioner for each and every
county and city In this State. who shall be
"A resident OF said county or city, and his
removal therefrOm shall vacate his Office.
Section 2. The general commissioner shall
be appointed for the period OF four years
beginning on the Isl day OF July. 1882. ex-
cept In the case ofvacances, when appoint
II ents shall Immediately take effect. And
the Governor shall supersede any or all OF
them 1T any time whenever the judge OF
the circuit, county, or corporation court for
which they are appointed may show just
cause for their removal. He shall appoint to
ell vacancies that may occur.
Section 3. Every general commissioner
shall take the oaihs Of Office prescribed by
law before the Judge OF the county or corpo-
ration court in which he is authorized to
qualify, in term time and at the same time
he shall enter into bond, with suretles to I've
approved by the court or Judge. In a sum OF
not leas than So, 600 nor more than 100 900,
which bond shall conform 10 the require
mems and be subject TO the provision of
section OF chapter IL OF Code OF 1878. and
all other laws applicable To official bonds
Section 4. The general comInissionershall
sell all real estate decreed and ordered TO be
SOLD by the court in the county for which he
was appointed; and 1t shall not be neces-
sary for the court, in any order or decree, to
authorize and empower him so TO do but
without reference To him in terms in any
such order or decree of sale, Ii shall be his
duty. rirfutc qticii, to execute the same. He
shall collect and disburse the proceeds OF
sales as may be directed by the court, ADD
30 one else shall be empowered so to do
except when the commissioner relation
10 btIttb luNtIttttQ III SHlcS anu HIS ltlu-
ton 10 subjects OF sales make IL improper
for him to act: and in such cases the court
shall recite this fact in the DEGREES of sale,
and thereupon may appoint special COM
missioner 10 execute such specific DEGREES
and orders Ofsale: and no consent OF par
ties, entered OF record, shall be authority
Tor any other person, or persons. TO execute
such DEGREES. And the general commits
sioper-subject TO all the provisions and re-
auiIements OF this act-shall execute all or
t.,u md farraas NJ no
which he was appointed, directing the
lease of real estate.
Section 0. The general commission sba II
report to every regular term OF his court the
progress made by MIN In the execution oi
each decree OF sale entered by his court. II
no sale has been effected he shall report the
fact: the Efforts made by him to sell
publicly and privately; the bids and
offers, and 10y whom made. and whe,,
ther for whole or parts OF land ordered
TO he told, and the value Of same Is
ascertained by him from evidence and per.
sonal examination; and with his first re-
| port he shall state the assessed value OF sal Id
| land, and whether. in his opinion, the as.
| sessment he too large or too small.
For every failure of the commissioner 10
| report as required by this section. his com.
| pensation, ON the motion OF any person in,
| terested, TO the amount OF ten dollars IL &c
much. shall be abated, and remain, II no,
! received: or, II received, returned to the
| fund; TO report as required by this section
| the court shall direct the service OF q rule
on him, retuipable a. the court may direct
and II no good cause be shown for such fail
| ure to report, the court shall cause an order
to be entered annulling and vacating suei
| commissioners appointment.
And the clerk OF the court. on the an.
nulling and vacating OF such appointment
| khall forthwith transmit to the Governor o
| the State ali aitested copy OF said order O
! court, and the Governor shall appoint some
suitable person TO MI the vacancy; and II
he iail ana refuse 80 TO do for the period Of
| thirty days after notice OF said order. then
| the Judge OF the court may appoint specia
commitsioper OF sales, who shall. in all re
spects. he subject TO all the provisions and
requirements OF this act; but on the APP
pointment and qualification OF the ap
pointee OF the Governor. said special APP
| peintee OF the court shall, tpsO Jacto, yacat,
said place, and the appointee OF the Cover.
the duties thereof.
Section @. Every general commissions
shall. er eGfcio, be the general receiver OF tn,
court ,or wnien ne vas sPPointed genera
be liable Gal the bond. herein be 70 rerequir
| for his faithful performance and discharge
OF all the duties OF general receiver OF the
court. He shall receive and manage such
4 estate, and pay out such moneys as thu
court may order by virtue OF section /:
OF chapter io4 OF the Code OF 1879, and N
every and all respects he shall perform al
OF the dutiesand requirements, and be sub
leNt w W. vi tho feualtite PROVIDED Tor auC
imposed on general receivers OF courts by
sections i6. II, is. 10, 20, IS "a, rs, aud ri
OF chapter l75, Code OF 1873. and any snt
ell other laws applicable TO general receiv,
en OF courts.
Section 2. The general commissionershal
deposit al moneys, as soon as receiver on
sales made by him. In some bank or tiSposl.
tory To be named by the court in the de.
! crees or orders OF sale by virtue OF which
such sales were made and moneys received
Ana all deposits OF moneys in bank or dc.
poeitofy named by the court shall be TO the
! credit or the respective causes wherein such
sales were made and moneys received, and
shall 30 remain until ordered 10 be dis
buised by the court; and the general COM
missioner, with his first report TO court
after any such deposit shall fle the bank s
| II ~ the times OF such receipts OF moneys
the DEGREES by virtue OF which such mo.
neys wete received direct the modes and
amounts Of disbursements. and the persons
10 " bonn the same shall be paid, then the
commissioner may proceed at once 10 dis
burse such moneys, rs by DEGREES directed
and report the same, sustained py proper
vouchers. 10 The court for approval
section .. All comm ,ssio iefs OF sales An.
pointed or elected under this act shall set
lie and adjust accounts with such com m is
sionen OF The court Q. may be desigua ted
court. and whenever 10 shall appear that
the commissions IN any county or corpora.
ton have exceeded the sum OF three thou.
sand dollars, the excess shall be paid by
the commissioners OF fales TO the board OF