Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-08-03
VIRGINIA LEGISLATURE.
EDITORIAL CORRESPONDENCE.

a ame "' nv ~. THOMpSoN, aud decided in
III ne aiiye-ayes Z, ICES 10.
The Sena,e lhen resumed the consideration oil
the Civil Code-book 81
tives as to real es ale, and the liability oil such
eslste Tor decedenrs Geo..
S,clion 3. Mr. KINNEY moved 10 strike OUT
this section, and insert section 81 as IePotleo "
the Revisors , - The
Mr. WOODS offered an amendment 10 en-. .ne
amendment, striking out all ailsf 'hs "0'N
/" in The engrossed bill. aar, .nd
1Mr WOODS advocated bis amepun'en GU, a GU
/condem the whole policy OF nahl'S a.h h
,;nc,;on in homes, debts. He said that aeo's were
,uo,al obligations, and that no COCA teason esIi
had. or ever could be assigned, IN laeoI VI SUI"
a PROPOSITION. This rule OF o's,'ncnon va w a'
III and Nv. The IaIeable mode oil DIS
.no nj decedenls estate was The only proper
1mode and the only mode that could ever DC sus-
,ained by Court OF conscience.
:. Ar Woods amendment was relecied-ayes Il
Z noe, 10. .,d
ment proposed by MIR KINNEY, which gave
risa 10 considerable deba'e, and was anv0cateu "
M .ssrs KINNEY, SLOAN. SHACkLEFohp,
SrANARD aud wIrCHER. and oPposel ey
Messrs AMBER and THOMPSoN' anu IT,
,eced-ayes Is, noes H.
THOMPSON proposed an Amendment 10
same chapter, section 4, by striking out The WORD
.circuit." In The 81 line, (Rev Reporls,) whlcn
was adopted.
Cbaner l32-When commissions are forfeited
by fiduciaries in default
Section 8. Mr. WIrCHER moved TO amend
this section by striking out from The woro "s'de'
men,," in The eighth line the following woIos:
"and OF which no information Is gwen oy me u
duciary to the commissioner, until Inc coin'h''
sinner ACQUIRES knowledge OF il Otherwise
The motion was opposed by Messrs CAkLiLh
and AMBER. and advocated by MessIs WIZ
CHER and PITTS, and adopted.
Mr. DENNIS moved 10 amend same Secnon
by inserting after The word money, 10 Inc il''
line, "unless allowed by the Court" Agreed TO-
Chapter l35-EJectment.- What IS 10 oe
proved at The trial.
Section l4-Mr KANE moved to amend This
section by inserting at the end thereof the iol'
lowing (which was part Of the Revised re-
ports, stricken out by the House: "or q better
right 10 hold the same than that OF The csieno'
ant"
The motion was sustained BY Messrs KIN
NEY' KANE, STRINGER and TYLER, and
opposed BY Messrs. CARLlLE, eLoaN,
sTANARD and THOMPSON, and rejected:
AYry-Messrs Woods, Tyler, Kinney, Da.
mel. Opie, Wi,cher, Kane, CrumP, Harwood
and McCauley 10.
Nors-Messrs Scott, (speaker,) Rives,
Thompson, Barbee, Garlic, Darlington, lsoell'
Pitu. Shackleford, Tate, Dennis, Stapard,
Smith, Sloan, Slrinser, Amber and Parr'ots-
II.
Same chapter, section 33-Mr KANE NOV
ed 70 strike out this section, and insert chapter
1is Revised Code. Rejected-ayes 8, noes H..
Chapter l39-Of Emblements.
Mr. SrANARD moved 10 strike out this
section, ard insert in lieu thereof another'
which was handed in and read by the Chair
Tnis motion excited good deal OF discussion
and was participated 10 by Messrs fANAhD,
WITCHER, AMBLER, CARLlLE, TfLEh
and SHACKLEFORD, and al length passed
over without coming TO any CONCLUSION
Hence the substitute of Mr. Stanard IS not re-
ported, as It will be upon final action. Ihero
vas considerable misapprehension among
members as to the bearing and effect OF the
substitute
MIR DENNIS made motion to adjourn
but Withdrew il at the suggestion OF MT
Thompson. o.,
On motion of MIR THOMPSON the Civil
Code was laid upon the table.
MrTHO MPSON made motion to increase
tho number OF the committee OF Conference
which was adopted--and the SPEAKER an.
nounced ths names of Messrs Witcoer ana
Sloan. to be added 10 said committee.
Mr. SMITH moved to adjourn, Tut withdrew
il at the suggestion OF several members.
On motion of MIR WOODS, the Senate re-
sumed The consi Grafton OF Inc Civil Code.
CHAPTER I4i-Mcney and interest.
This chapte. was passed over ut the instance
Of Mr. Siansrd.
CHAPTER I43-Contracls for money won Al
gaming or wagering. or
Section 2-On motion Of Mr. THO MPSON,
this section was amended by striking out the
following words in the seventh line, "deemed
for an illegal consideration and inserting IN
lieu the word "u'id
Chapter l44-Of bills, notes, bonds, &C
Section mir SlRiNGER moved 10 slrise
out this section. Rejected.
Same chapter, section 16-Mr CARLlL
moved TO strike out this section ko)ec'ed.
CHAPTER l47-Carrlers, and actions for inju-
ries.
Section l-Mr sTANARD moved to strike
out this section, pending which, on motion oil
Mr. WOODS, the Senate adjourned
HOUSE OF DELEGATES.
The House resumed the consideration OF The
Alb pau of the Code, concluding chapter l79 on
ipjunctions.
cause.
Chapter 1871. OF errois insufh:icn, in an appel
late Court.
Mr. TONNES excepted 10 the 9Th section, and
Mr. MONCURE Of s., explained The provision
10 be wise one in preventing parry iroia re-
SORTING to any other defence 10 The Court OF APP
peals. than was brought forward by him 10 me
Court brlow-in o'her words, preventing hIm
from availing himself OF technical objections
The provision was confined TO Judgments oy
default, and vas calculated TO cheaper and sim
pity the administration Of justice. Mr.. l. was
satisfied with The explanalio.l.
Mr.. WATSON also asked ior Information
rs to the meaning OF The same section; wn.cn
vas again given by MIR. M.-and the section
Chapter 1872. OF appeals aud wrI,s o; error and
snrerscdeas. ,.
MIR WATSON, at the reques, o! an absent
friend mored 10 amend the 3fd section, so AS 10
allow appeals in cases not OF greater amount
than 3l00 The present law) Instead OF $3oo' as
in The Code.
Mr GOFF pressed the adoption Of The amend
snent.
Mr HARRISON OF L. resisted the change,
az il would produce unnecessary litigation. He
prefer, d fxios the limit at 81 ,C00-bu' the sum
OF $500 had been agreed upon as a compromise
between The East anu West. MIR. II. Said II we
ADOPT 800, The Court OF Appeals nj Lewisburs
vil be as much crowded as that in Richmond.
MIR COOK sustained The amendment, The
arsumen, Of the gentleman from Londoun would
amour, to denial OF justice. Mr. c. zeaiorsiy
urged the amendment. The amendment was
lost-39 to 80
MrGOFF then moved TO fix The limit Al 5000,
which, after remarks 10 lis favor toy MeSsfs.
PERROW and MONCURE, was agreed 10.
Section 10. Records printed in cases 10 be
heard
Mr. MAYO moved substitute, so SIS TO dis
penss win the duty required oil Inc Clerk of The
Court OF Appeals by toe Code, TO make an ic-
dex 10 the whole record in every case 10 be heard
by said Court, and also 10 dispense With the
reading OF The proof shee.s by The said Clerk
Mr. MAYO submitted letter from the Clerk
OF The Court OF Appeals, explaining why these