Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-02-09
LEGISLATURE or VIRGINIA.
HOUSE OF DELEGATES.
TaesdGu, FtJ. Z, I-43.

y communication from the Senate, tina; they have
passed the bill, entitled act to change the o.
the town CT Mddlstown in the county of Marion, In
that of Farnou also, that they have passed The bill
entitled, act concerning the weighing ri live stock
brough, TO the city Of Richmond, with ameniaent
| (The bill and Sena.es amendment were, motion,
LAID upon the table,
! The following resolutions were eg-eed 10:
ly Mr. SalrH Of HarrisoG-Th2, tire Committee OF
Courts OF Justice enquire into the expectancy of short
enipe the statute OF limitations in real ac,ans.
| BIZ Mr.. SrovaLL-Tha. the Committee of Courts o.
Justice enquire INTO the expectancy OF repeating
act passed the 10Th day of December, 1870, entitled
an act giving half pay 10 certain officers Of the Vir
GINA State lac.
! By III. CRrrcnriFLp - Instruc,ing tie Committee
nf Agriculture aud Manufactures 10 enquire into The
expediency Of Incorporating joint Stock Company,
under the and style oil '.he llecla alanuac.ur
ing Company
Bv Mr.. misunderstanding the Committee for
Courts of Ju,,ice to enquire into the expectancy OF
ne aing, amending o, modifying the act enhtled, an
net concerning apprentices bound nut by Oversee!s Of
the Poor, passed the 9th april, 1882 of repeating,
amending, modifying the said act with reference 10
lhe county Of hen!co.
The following petitions were presented and refer.
red BY Mr.. SMITH Of FauGuier, of suEdry ci.;zrns
OF Prince William aud Fauqaer, for the pss-ag" Of
law authorizing Justices Of The Peace 10 prevent Huc.
s!ers &c trading mee, ngs for Religious worship
By Mr. TAILOR. of the Norfolk Virginia Guards, for a
new stand of arms BY Mr.. WILSON, Of the PresI.
dent and Directors OF the Botetourl Seminary, for
specific appropriation Of the amount TO which the
county of Boteourt is entitled, from The surplus
nue. Of the Literary Fund.- 10 the Bo,eiourt Seminary.
The bill anendatory and declaratory of the acts Of
1867 and Is4U-il, in relation TO divorces was
ton Of Nh LEwIs, taken up for consideration: He
read sactions of both and explained The necessity
for the amendment proposed by The bill. He
ders,ood 10 remark That the act OF S40il net in
tended 10 d. than eEa:ge the jurisdiction Of the
Superior Courts of Chancery by extending II TO causes
far divorce not enumerated IN the statute OF 1870
nd m cases of limited divorce n mthsG CT MoTo, ut
was TO this description OF divorce alone his remarks
,n,led il was not designed 10 restrict the rights of tie
injured vary separated by the sentence decree OF The
Cour; but 10 SECURE him her, in al respects the
anne personal rights and legal paces which the law
of s2G conferred That this lite intention OF The e-
o,ure he thnu GIT manifest The 81 section ofthe sta
int IF 1857 provides, "1hat tie Superior Courts OF
Chaucery shalt have cognizancc Of matrimonial causes
an account of adultery cruelty and Just cause oil bodily
fear nd such may grant eivorces mfRSa a I'm
no in the usual method Of proceeding IN those courts;
and the second Of The act OF lSlG- enucts the
same PROVISIONS adding only these causcs-"aban'
domino nj and deserton for any other cause Tor which
limited divorces are authorized by the principles of the
eccesiaslieal law. With this exception the sections
ARE precesey the The Sd section Of The statute OF
S and lS27 provides that in granting divorces men
=. n thoro fer causes which Justify such divorces by ihe
nrincples of the common law The Courts OF Chancery
shall have power amang other things "to restore 10 the
;n;u,ed party rs lar practicable, the rights of property
conferred By The marriasc the other and then
further provides that "a decree OF perpetual separation
from bed and beard shall have the same effect upon
the rights of property which either party may acqui
after Tue decree, and upon The personal rights when
either may enjoy after such decree, as divorce gn
cyio ,naiTimonii, would have save only, DC. The
,b;rd section OF the law of lSi0-I, adopts The Ian
uuorc of this sec,ion-oniitng, however, the words
land upon the personal rights, which either may ENJOY
,ler such decree" The words omitted, create ali The
donb,. aud give rise 10 the difficulty, which the bill
n,der consideration is intended 10 remedy. The cne
does rot repeal the other, as they are not lncon-
ss,ent and the Legislature, IL extending the luris.
dcon cf the Con.ts, 10 causes mol embraced oy me
mr., of 1885, did not intend 10 deprive persons Oh
snnp DEGREES of divorce from bed and board, for the
NOV causes mentioned in the act OF OF any oi
The rights and privileges conferred upon persons di-
no,ce5 under The law of 1862 If, therefore, a
woman is divorced from bed and board, by de-
cree Of the Court, for either of the causes men
tened BIZ the act of lS26-2, her rights would be as
cer,sined BY that act And all the rights conferred by
marriage upon her husband, her tights Of property
in her lands Of Inheritance, for example, would be re-
stored her after the decree or sentence OF divorce
and amongst these would be the jas disponsndi, the
right to sell and convey, free from the tenancy OF the
husband during core5:ure, and Ina possibility of cnnr
esy She could ac in all respects as femme sole, e1
pit marry nga'n She may sue, and be sued, il cases
ne SANDER and assault md battery But suppose she
10 divorced n,eKsa ct Mor0. no, for any of the causes
mentioned in the act of 1867; bat for abandon
ment and desetion," two of the added By the
act of lS404 This act although proyidesa "reso.
ration to the rights OF property conferred BY marriage
does provide he had shown, that The separation
shalt have the s;me eff CT "upon her personal rights
which she may enjoy, after The decree, IS divorce