The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-06-22
An Important Matter to Property.
Holders Within IL Mile Of the City Of
Riabu,nrph

NtchmOnU.
To The Editors Of the Dispatch:
Our statute relating to the recordatlon OF
deeds provides that a deed, &C., " in respect
to real or personal estate intended to be re-
corded where such real or personal estate is
situated, lying and being within the juris-
rdiction of corporation or hustings court,
shall be recorded in the clerks office OF such
huStings COURT Our Court of Appeals, in
the case of Blachford, trustee, Us. Hurst ct
GlS-26th Graft, 203-haS decided that this
provision OF the statute makes the clerks Of
lice ofthe Hastings Court OF the city Of Lynch
burg the proper place to record deed for pro-
perry situated within mile OF that city. The
decision is based upon the provision quoted
above, and upon the amendment to the
charter of the city Of Lynchburg passed
December s, 1SG6-SessiOn Acts 1867,
page 459-which provides that the Hastings
Court for the city Of Lynchburg shall have
. Jurisdiction 'not only within the corporate
limits of said city, but also for the space Of
one mile without and around said city,"
e., 1t follows, therefore, that if the provision
OF law relative to the jurisdiction Of the
Hastings Court for the city of Richmond be
the same as that relative to the jurisdiction
of the Hastings Court for the city Of Lynch
burg, the clerks Office of the Hastings
Office for the Chancery Court now is the
proper place to record deeds for property
situated within mile of the corporate
limits OF the city Of Richmond, and not the
clerks Office OF the County Court, where, it
is believed, all such deeds have been re-
corded. If this be true, all such titles are
worthless. propose to take brief glance
ut the Legislation upon this subject to show
that they are the same.
For the purposes Of the discussion, it is
needless to go back further than to the Code
of 1860. The law relative to the jurisdic-
ton OF the Hastings Court at that time will
be found at page 676. 1t provides that "the
said Hastings Court shall continue to have
civil and criminal Jurisdiction
not only Within the corporate limits, but
also for the space Of one mile on the north
Z side OF James river without and around
I said city, and every part thereof : -
for matters arising within the same, accord
ing to the laws OF the Commonwealth
The law stood thus until March Is, 1851,
when the charter of the city Of Richmond
was entirely remodelled-SessionA Acts 1861,
page 153. BY an act passed ON that day the
Hastings Court for the city was reconsti-
tutcd. 1t was provided that it should be
held by judge, the mayor, and fifteen
other persons, including recorder. 1t
was also provided-page 17O-that g a term
OF said court, not exceeding six days, shall
be held by the mayor, recorder, and alder
men in every month, ;
at which shall be exercised all the iurisdic-
ton, powers, and duties Of the Court of
Hastings, except such as are expressly
vested and delegated to the said court when
s held by the Judge" Itwas provided further
e that ga term Of said court, not exceeding
twenty days, shall also be held by the said
Judge in every month, except the month oil
August, at which term the said
court shall exercise exclusively" THAT is,
exclusive OF the jurisdiction Of the mayor,
recorder, and aldermen) "the jurisdiction
now vested in it" (Which was the iurisdic-
y ton as provided for by the provision OF the
Code Of 1860 already quoted) cover all at
tachments, appeals in civil cases, civil ac-
tions, motions and suits at law and in
chancery," &C., &C., DC. ct should denoted
that the provisions Of the charter of the
!. city OF Lynchburg upon which the decision
of the Court Of Appeals was made are
copied almost word for word from the fore
going, nutQtis naatandiS.)
+. This Legislation vested in the Judge,of the
Hustings Court exclusive (of the mayor,
recorder, and aldermen) jurisdiction OF all
civil mattersin the city and within one mile
OF it, and by another provision of all fel0nieS
within its territorial limits, leaving to the
mayor, recorder, and aldermen jurisdic-
ton OF all nisdemeanors, the granting Of
licenses, dc. -
The legislation stood thus until March 10,
1857, when, by an act amending certain sec
tons OF the act OF March is, 1861, the con-
stitution Of the Hastings Court was essen
TALLY modified. session Acts 1857, page
1867 by an act passed on that day the