Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1825-08-23

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the district was divided into ftco districts; and
was required to hold court IN each of them. A.
ereeaoiy TO the provisions of the act; and to live in
h'ehmond Before this, was only required to
reside at the PLACE where the court OF the district
for which was elected, should be holden and mo,
at ttchnond. But, the court of the district for
which was elected, was then holden there il fol-
lowed that, so long as it continued there, it was
the PLACE where l was TO reside; but, no longer
Tor, 1t the court had been carried TO anv other
| PLACE, was as much bound TO go to it, as
had been to go to Richmond. II was at the
| PLACE OF the court, wherever il might be- and not
| at hfchmond, that was to reside. But, by the
act OF 1913, it was rendered impossible for me any
longer TO reside, at the PLACE Of the court OF the
district, tor which was elected: since by this act
there were t,co places appointed, to wit, Rich
mona and Lynch6,ug. at which, the court of the
district, for which elected, was to be holden
SO that, hold myself d6soired, and forever DIS
charged, from the 5th section of the act of 1901
\ II, indeed, was ever bound by it.
Such Is the law. For these express conditions,
II they be impossible ut the times of their creation
or afterwards become impossible by the act of God
or the act of the cofor himself; if they be con-
trary to law or repugnant TO the nature of the
tate, are void In any of which cases. if they be
conditions subsequent, that is, to be performed af-
ter the estate is vested, the estate shall be-
come absolute IN the tenant. . Tuck Blackstone
ioo' AS In TINS case, my commission was
granted ny the legislature, the feofors) upon the
| express condition of good beharior'' and the
provision OF the 9th sect. of the act of 1901 being
apart OF this condition, and rendered by the egisla-
ture, (the feofors) impossible to be performed,
become roid, according to Judge Blackstone.
But, the estate of freehold, in my office remains TO
| me unimpare6.
All e. ates that may last, least. for the life OF
the tenant are freehold estates. IL. 1885, co. Lift
H. mus, IL an office be granted to a long
hala ..ofc
hath an estate OF freehold therein For since moth
ing but his misbehavior can determine his interest
| no man can prefix a shorter time than his life Co.
Lift. AZ, Roll. alb. Isl, show parl cases l6l. ..
BAG. ab. Am. Ed 200.
| thus vested with freehold estate in my Office
upon an express condition rendered by the Legisia-
tire impossible to be performed was il competent
to them, (the ieoffors) to superaJd another cond-
| ton, concerning my residence thereafter without
| my consent No: Why? because, the act was
eTPoSt tdcto, and not authorised By the terms of
the contract: for, they had more right to change
| the terms OF their contract with me, without my
consent, than they would have to change the terms
OF contract made with any other individual, for
| the Improvement OF the capitol square, or for
making the Canal Of James River, without his
| consent.
But, be all this, it may. The 9th sect of the
act OF 1901, being repealed by the 9th sect of the
act oil 1913, and much of the latter act as re-
!a'es to my residence, in Richmond, being erposf
tdcto, and without my consent void: leaves me
perfectly free of both acts
Upon this principle the legislature has uniformly
acted. now recollect two acts, for the division
oil the late high court of chancery, i'm which not |
word is said, about the residence of my venerable
predecessor: Why? because he was i'm office at |,
the time, and could not be affected, by any erpost
Jdcfo provision, without his consent.
So, as 10 the judges OF the general court, upon
the establishment of of law for
same reason but, the judges thereafter TO be APP
pointed were required To live in their districts: see
the acts; and, attend to this fact that the too
judges then residing in Winchester, continued t O
reside there, until the death of Judge Holmes.
Many other cases might be referred to; but,
these are deemed sufficient 10 prove most clearly
the opinion OF the legislature upon this subject.
but, II they had said nothing more as to the resi-
dence OF the Judges in chancery, in the of 1913
than they had said in relation TO Mr.. WYrHE, and
the Judges of the General Cour, in the refer
red to, no would or could have complained of
such ereS-handed Justice.
About seren years ago last trinfer member of
the house OF delegates, from Henyico county, then
In The house, minated his intention as | under
stood, TO move an impeachment of me- for no, liv-
ing at Richmond.
Immediately addressed letter 10 Governor
Preston, stating the view which | had taken of
the acts, and OF my rights in relation TO them with
lore the assembly, which he did; and whatev er
might have been the views of the worthy member
from Henrico, they were all frustrated by the hon
orable House of Delegates, in passing bill in
these words.
&c BE ii enacted by the General dssen,bYy, that
1T shall be LAWFUL for the judges of the superior
courts OF chdncery lCithn this communicable to
reside at any place ,othin their respective chan
Gerry Districts
| . TINS act shall be in force from the passage
hereof' 90 Passed the House of Delegates,
Feb 2, 1925, by the tile of an act, concerning
the judges Of the superior courts Of chancery.''
! This was proceeding prompted by the Justice
| OF that honorable house, III which had no hands
but, as saw in it, the same disposition viii oh had
prevailed therein, more than four years before, in
relation to the subject, and most decided ap-
probation OF my conduct in relation to my resi-
dence since AT .NeedhdD, and similar disposition
to provide upon principle, by the bill, with as
much beraliiy in relation TO the iudg es in cbancery
as the Legislature had provided in the cases refer
red 70 OF the other judges, was contenet: espe-
cialy, such bill was as well calculated to put
down the clamor Of 5ep diseontenfs as any
other mode which could have been adopted Not
that thought the bill necessary for the legal pro-
| lection of my rights.
| This bill was lost in the Senate, by most ear
trdordtnoy and unpreeedentedmo mode of proceed
| ing, as it seems to me.
| That the act of 1918, was passed upon an un-
Outstanding among the members of the house of de-
legaies that, my view of the law was correct, and
that was 10 go to .Necdham and in all other res
| poets TO execute the act, refer 10 the subioned
| letters OF Garter l.. Stevenson, Esq. The Hon
OyGbie Speaker Banks, and TO the extract of a
letter, from JeTm0n Baker, Esq. osr Treasurer,
and TO other letters, sc. in my possession, in ac-
| coTdance with them.
A word more in conclusion. When there was
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