Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-01-15

Payne, Mason OF Frederick Craftsman Woad =. e.
derrick, kog, Perrin Bryce, Hail. Claiborne, Green
Ea'iey' Donn, C.f,kadon. Morris, Seymour, Da
vlsson. wilkins OF Harrison. Leigh. Atkinson, Lu
cas-. caD,aner, summers. Pollard of King s, Queen
no01 POLLARD Of King William, Leland, Ewing, Law.
son. Powell OF Loudouu. Mason Of do. Caldwell Sire
Newman. Knox, Goode. Preston, Hsip., O'FsneIi
n nI OF Nelson. M'Laushlin, Thompson, Upshur
BLACKWELL Anderson of No,toway, Jacobs, Hiner
n'er Of Pow hasn, Venabie, Rives Of place George
Tyler, Moore. Harris, GatewcoJ, H.mi on, Mopcure
trump, Keller, Newton, Crockett, Maxw,f and Ruth
| .NAYS-Messrs. Christian. Yancey, Wright. Pow.
ell OF Franklin Holland, Erskne, Dyer Hsys, Poiu.
dexter dexter HSasn. Waite. BilIog'ly, yaw,ers. Barbour
Adams. Wtcher, Swanson, linn, Shield, Hart M
Doweil, MMahon, Lewis, Ki!gore, Goodwin, Eppss
Gillespie. M'Coy. M'Culloch, and Jsekson-3o. 'PP''
valentines gobns naa leave to bring in bill concerning
pointed a committee. 'o "P-
| On motion of Mr.. Williams Of Harrison . s.,,.. =
was appointed, consisting Of Messrs Williams of n
Wicher, Rutherford, Easley, Tyler, McCue Cas,,e
man, Campbell OF Bedford, and Harris, to enquire
| fee. Wv s'ei OIL
On motion of Mr.. Zinn it was
neSofeed, That the Committee of Roads and Inter-
ma, Navigation, be instructed TO inquire into the en-
suiehcy Oh constructing road from Smithfed on the
Nauohai turnpike, by way of Kngwood i'm Pres,on
County 70 intersect the contemplated road from Win
chester TO the Ohio river at point best calculated
| TO promote the public good.
hesoioed That the said committee be further in
uc,ed 10 inquire into the expcdiency of constructing
a!oau from beverly, in the county of Randolph by way
Germany Settlement, in Preston county to inersect
the said Winchester road at some point most Conducts
to the public good.
On motion OF Mr.. Leigh leave was granted n N.
sions of this House. s 'io 'es-
LIMITATIONS OF real, ACTIONS c.
The House, according to the order OF the dav resolv
ed into committee of the whole House. to take into
consideration "A bill limiting real actions and right of
entry'-Mr Gholson in the Chair.
The bill is very interesting one to the Western
part OF the State, and reads as follows
II BILL, Limiting Real Actions and Right of En-
try.
Be IL enacted By the General .a,,emblv Tba, Al,
wits oil ormedon in descender remainder or reyerter
OF any lands tenemens or Entertainments, whatsoever
hereafter TO be brought upon any title cause hereto
shall be sued within ye,rS -, - , 'u1'
ue OF cause OF action accrued, and afterwards and
"a' no person or persons, who hath or have or
hereafter may have any right or title of entry into anv
iahds tehements or Entertainments, shall make any en-.
,;y ou' wnnin years next after such rig hit or
ed from any entry afterwards; Provided
mar any person or persons entitled such writ or
VIRUS, 10 such right or title OF entry as aforesaid shall
oe,or were under the age of one and-twenty wears
eme covert, non compos mentis, imprisoned AT the
ume SUCH right or title accrued, came to them eve
wthsanding the said vcars orc -, , -
,Peu, orihS ana maintain his or her action make
his or her entry within wears ext It, -
disabilities removed or the death of the nersn - Ji
oed' and not afterwards In all wrs of right and o.
ther actions possessory, any person may maintain a
writ OF ght upon the possession of his or her
ancestor predecessor or upon his her own
or sesin, within wears or any OH a. r os
sorry action upon the possession or sen of his or ber
ancestor or predecessor, within wears before
the test of the writ.
2 BettJi1ther enacted, That so much of the act
entted ian act for the Limitation of actions against
sons acting in iduciary character, and their sureties
ana Tor other purposes passed the Sth day of March
$780, as applies to real mixed actions and all other
ACTS ana parts oil acts coming within the purvew of
this act shall be, and the same are hereby reneaIed
fNTOUlueu, nevertheless, That nothing
taned shall be construed affect any right file nm
on winch suit may have been instituted, and i. now
depending.
3. This act shall commence and be in force from, and
after the passage thereof.
Mr. Leigh moved to amend the LIST Section, by
striking ont from the words not Afterwards to the
end OF the passage, and srng the following Mr.
L. stated tina, he wished to place the cla;.., ... an
C. store, on favorable footing than those vybicb
were founded on the sezin of an individual
"ln all wTts Of right aud other actions posse ssorv
any person may maintain writ of right upon the nos
session OF seisin or his ancestor predecessor with
In - years, or any other possessory action upon
the possession or sesn Of his her ancestor or pred
ce'sor, within - years. next before the feste OF
the wr but person shall maintain rear action nm
on his own possession or seisin bat within wears
next before he teste Of the writ" which was agreed N
MIR. Leigh then moved to amend the propiso by
striking out all alter the words " not ailerwards-and
inser ing:
Provided: that any person who is or shall be
entitled TO any real action upon his her sesn or
possession were or shall be under the age of TWENTY
one years, Jeme couerf, imprisoned or non eonnos
iefs, at the time such action accrued or shall
every such person shall and may standing the
said - years are shall be expired bring and main
tain such real action within - years alter such
disabilities are removed and not aftewards.''
Mr.. Leigh remarked, that he had bestowed much
reflection on this subject, and great deal Of labor
And he had come to the conclusion that il wa, mere
jutice to the citizens of this Sa,e-f solely in re-
laiGn 10 other Staes-to reduce the period of ac-
tons. He should submit his views at large
AZ he wished to make provisions with regard TO real
actions, similar TO that in other Sates-he also visha
in aEa auin 10 thaaa
men need not be informed that 10 all wris of for,ne
don in descender, or right of entry, saving was
made to those under disabilities; but no such saw.
ing was ever provided in writs of right eli her in
England or this country. He was not aware of any
law to that effect passed in Virginia. The laws on
this head we're brought 10 this country from England
consequently they were the statutes of the eary mart
OF James L. But during that reign several important
acts passed in relation to the right of Entry I,
was not until sometime alter, that the subseouen
tues were copied by But in the British statuts
there was no saving in regard to wrts of right His
object was to give the same saving In cases Of writ of
right to persons disabled where an action accrued "a
they would have IN case OF right of entry. The a
mendment was adopted
MIR. Leigh in moving the following amendment re-
marked that its object to leave the saving i'm re-
gard to persons out OF the Commonwealth There was
statute already on that subject If any person were
opposed TO the Bill he took this opportunity TO saw
that he was ready to shew that almost absolutely
necessary He then moved to amend ii by inserting the
following at the close of the I'd section:
Sind provided ALSO That the provisions of this act
shall not extend TO. be applied to any case or cases
in which such writ or wrs such right or title of en-
try aforesaid, shall have heretofore accrued and in
which such writ or wrs shall be sued, or such entry
shall be made upon cause Of action right title OF