Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1843-02-08
GENERAL ASSEMBLY OF VIRGINIA.
House or pELEG ArEs.

TUESDAY,, fcb. 9Th.
The following communication was received frOm the Sc
Ths Senate have the bill entitled An ae, ,oeh.nge
the name Of the town VI Middleton in tho County Of Marion
n that of Fairmont'
"They have also passed the bill entitled .An act con-
sernag the weighing Of live Stock brought to the City Of
Richmond with n amendment"
The bill oniendatory and declabtoy o the of 1896
and leiOtl in relation Ia divorces motion Of Mr.
LEWIS taken up for considerations lie read sections Of
both acts and explained the necessity for the amendment
proposed by the bill lie undersio Ia remark that
the act Of lstOil intended do than
large the jurisdiction OF the Superior Courts OF Chsnccry by
extending TO for divorce the
ute o 1876. And in eases OF limited divorce ct
toro OF was to this description of divorce alone his
marks applied designed T. restrict the rights
ct the injured party separated 10y the decree o
the Court. butte him her. all respects the
same personal rights and legal capacities which the law OF
1875 conferred That this the intention Of the cgsr
uTe, he thought manifest The % section Of the statute VI
ls261 provides "ha the Superior Courts of Chancery
snail have oognzanec Of matrimonial OF
adultery. cruelty and just OF bodily fear and In
such cases may grant divorces nsRsa 81 thoro in the
usual method OF proceeding in those courts;" and the
second section Of the net Of lSI0Il enacts the same
provisions, adding only these new eauses-"pbandon.
ment and dcscrOn, for any other cause, for which
limited divorces are authorized by the principles Of the
ecclesiastical law" With this exception the section,
are precisely the The 81 section of the statute
OF lS26 and 1927 provides that in granting divorces
eHsa horo for justify such divorces by the
principles of the law the Courts of Chanccry shall
have power among other thing, o the injured
party, rs far practicable, the rights OF property
Their provides that "a decree OF perpetual separation
from bed and board shall have the effect upon
the rights OF property which either party may acquire
after the decree, and upon the personal rights which
either enjoy after such Decree divorce rineuo
nafrimoHii, would have, only" &c The third
ton OF the law of lSIO adopts the language OF this
uon omitng however, the words land upon the person.
nj rights which either enjoy after such decree The
words omitted create MI the Doubt and give rise the diff
heu,y which the bill under consideration is intended to
NEEDY The one law does repeal the other they are
not inconsistent; and the Legislature, extending the u-
sdicuon OF the Courts To embraced by the
OF 1857 did not intend deprive persons obtaining de.
cFees OF divorce from bed and board for the causes
mentioned in the act Of lsi0l any of the rights and
privileges conferred upon persons divorced under the law
OF le2O-21 IL, therefore, womanis divorced from bed
and board by decree OF the Court for either of the
mentioned by the 1861 her RIGHT, oud
be ascertained by that act And all the rights
erred by marriage upon her husband her rights Of proper
~ in her lands OF inheritance for example, would be re-
stored her after the decree sentence of divorce;
and amongst these would be the jus disponsnii, the
right 10 sell and convey, free from the tensncy OF the
husband during coverute and his possibility Of courtesy
She could act IN all respects teme sole. except marry
again She may and be sued in of sander and
assault, and battery. But suppose she is divorced
81 toro, for Of the mentioned in the of
ls26 but for abandonment and deSertsn, Of the
causes added by the act of 1901. This act although
provides restoaont the rights Of property conferred
by marriage" does not provide he had shown that the
separation shall have the effect "upon her personal
rights which she may enjoy after the decree divorce
yincuo matrimon would have, the of 1887 does
Here, then, the difficulty and this omission in the law of
he
OF the provision OF the act Of 1851 in relation her per-
sonal rights she could exercise absolute right Of convey
ance Of her land, without the forms OF prvy examination
and the Joining OF her husbandl Could she institute suit
for SANDER espGss drlis, without joining the
name OF her husbandl Would he be entitled 20 cur
esy in her lands, should he survive heri l. there not
room for doubt Mr. L. said that he knew the abest and
most learned juris,s Of this city had given opinions in
which their doubts the proper construction Of the act
Of lsi0-il were admitted. In his opinion there
doubt, although he had what the intention
Of the Legislature OF lsI9-il, IN passing the law
In relation to the objection raised by gentleman from
Norfolk Borough (Nlr. Taylor) that this bill has
sPectve bearing he said having ascerianed very clearly
his mind what intended BY the law of 1901 he
could perceive force in the objection that the amend
ment proposed was retrospective. Imerey declared what
was that inenton and aided 20 carry The practice
Of the Legislature in passing declaatoy laws co-eva
with ihS history OF Legislature policy is frequently
just and sautay, indeed sometimes indispensable, and its
consiutonaiy is sustained by repeated decisions
State and Federal Courts. II is too late raise OBJ
ections against it, Mr. L. here read from Story on the
Constitution and concluded By expressing his hope
bill would pass.
Mr. TAYLOR opposed it, unless amendments, which
he suggested, made.
The bill passed, Ayes 81, Noes IL.
Relief and Small Notes.
Mr.. ToLER submitted the following:
Resolued, That the Committee on Banks be instructed
report bill amendatoy of the passed the present
Of the General Assembly authorizing the issue Of
notes OF less denomination than five dollars by the Banks
Of this commonwealth, that the said Banks may be
horzed TO ISSUE in said 5 per of their espec
tive capitals instead of per required by the said
act and that the said shall be made rcdcemabe in
specie where issued
Mr. ToLkR believed tina, this the best expedent for
giving general relief to the PeoPe-and to test the OF
the House, he asked for the ayes and noes.
Mr. BYRD, of F., moved TO amend the resolution by
king it one Of inquiry, instead OF positive instruction
Mr.. ToLER accepted the amendment Of Mr.. Byrd.
Mr.. IRVING regarded the subject very important one
and he would lay the table, for further cOns
deuon;butat the instance Of friends iorcbore press
Mr. EDNUSpS opposed TO the resolution even Of in
had ht the in rrlatip tn
the small note bill.
Mr.. MARrIs. 10 settle the question once moved the
indefinite Posponement of the resolution.
MIR. BYRD, OF F., called tho previous quesuon-whch
was sustained.
The ayes and were ordered and were ss follows
AYES-Messrs Honeman ispeakrr) Gusts Randolph Leake
Of Abemare Mann, Byrd Of Bath wilson Tavennef Stanton
Meredith HUBBARD Samuel Hancock GOODWIN Powell Of FsaI
Smith Fauquer Rust stockton Dcskns aks Of Gooehand
Jones Edmunds Of Halifax sovan Blue Ward Basel King Davis
OF X O. lIawrs Gibson, Jackson Marshall Banks Kdwe
Marin, JEgts Tanzey Adair Wade Taylor Ta,cm,
DAVIS Of o. G. s,ne Bird Of Pendeton OF George
Buwnc stum Denenc Cocies, Cowan, Kane GaieSood Wi
NOEs-Messrs Cooke Powell Of Amherst, Frazier winrhcld
Mitchell Newkirk snodgass Boeoek Moore Of c. W., Tolsr
Nowin Lacy Dennis Broadus Irving Brown q f. C. & W.
Garrett Payne Muse Taiaeo Wood Byrd Of r. French Car
rof calwel White Of Hanover Niles Smith Of Harrison ARae,
Calahsr Worhngion Parks Wallace Carter Cray Miller Of NJ
J. Norhngton Dyehe, Smith, Of NanSenond Cabcn Waits
VERIFY Edsnsion Cn'z Boiling Bennett Tsn1n Andersen Dey
Kockbndge Crutehhed West Lewis-57.
SO the resolution indefinitely postponed.
Mr.. POWELL, Of A. when HE name called asked
and obtained leave explain his lie regarded this
relief measure and hecfoeh he should support IT, This
period Of great pocuniary pressure and he would not
turn away from any thing like relief He claimed 10 he
good Democrat any other man, but he not
Of your strataced Democrats who would withhold relief
from the people, lest the Banks should derive benefit
from il also Gentlemen learned IN currency matters had
told us there was too much money in circulation. lie
wished 10 know where II The experience of the
country told very different tale. He would embrace
fair increase the circulating medium, give
relief to an oppressed people. lie therefore voted
Mr.. WBfrE when his called, also explain
ed, that he mad reflected most seriously the former
propositions for relief and with every desire do
thing relieve the suerngs Of the people, he had come
20 the conclusion, that Of those measures Gwoud
give any relief But this proposition he believed, would
do good, and he would go for ithoartiy.
Mr.. WEST also explained his vote. He not friendly
10 the Bsnksbut he had determined - 60 for any