Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1878-11-14
FAST FREIGHT LINE.

FAST FREIGHT LINE.
The Baltimore and Ohio railroad COM
pany hereafter will start special oyster
train from Baltimore for the West, which
will make better time than many at the
passenger trains now running over the
road. The train will leave Baltimore at
(,:3OP. NJ. and will bc divided ut Grafton,
one section going to rarkcrsburg and
the other coming to Wheeling, arriving
simultaneously ut 1 l.. NJ. This IL re-
markedly fast time, aud will he one "i
the fastest freight trains ever run over
the road.
Bon INagRsoLL il coming Next to
his hatred oi God and religion, bon
hates Democracy; but ~ his lecture IL
not 10 DO political, aud We may he Ger
tain it will not he religious everybody
can 20 and hear it.
The Jackson Ikrdh thinks the "hcst
material in the new House oi Dele
gates for the Speakcrship will he found
in Hon. GEORGE ii. MorrErr, OF Poca-
hontas." Mr.. MorEErr is cool, fair
and lcvol,headcd man.
TmE Republican papers have placed a
man un trial Tor trying I" steal the Prcsi-
dcncy. Why not sentence the man wa"
did steal it?
B,IrIMnRr and Ohio railway shares
were selling, yesterday, ut 50.
SECOND LETTER OF ~. v"
Dover and Tenancy by Curtesy
Amendment Of the Code
An Accident % In Legislation
What a single Word inn stat
ute may Effect.
Correspondence OF the Register
The head lines with which You
crowned my unprc,ending article IN
your issue Of the Nth instant, promise
far more than shall hc able to- perform.
Indeed, fear that, in what was intend.
ed tn simply preface few desul'"ry
discussions oi our existing statutes,
have indicated wider field than shall
be able Ia cover, This will bc apparent
enough to your readers; hut desire I"
secure the benefit, in the outset, oi a
very distinct disclaimer OF any cxpecta'
ton Of accomplishing much IN the way
of Recommendation OF suggestion.
Il is, Of course, well known to the pro.
icssion that the Code at 1865, while
mainly based upon the Virginia Code
oi 1870. contains some very market IN
noyations upon the law ot the old state.
One of these | propose To notice, rs
briefly as may he, in this article.
Everybody knows what is meant hy
Tenancy by curtesy' \ wife holt
ing lands and dying, after the birth OF
child, the husband becomes entitled to
an estate in all of such lands, during
life. Such>was the law Of Virginia, rs
il had been, for centuries, the law at
England On the other hand, nus
band diving seized Of rial estate, his w'd-
ow was entitled To dover in only third
OF that estate The Code ot West Virginia
Chan. u, Sections l5.l6l intending,
probably, to place husband and wife on
the same footing, provided that the
former should be tenant by curtesy IN
one-third part Of the wifc's estate OF
inheritance in lands, except where, I'M
der the PROVISIONS OF Sec. Chap. IS,
in eases oi intcstacy and failure at is
sue, the estate would ~ Ia the survivor.
But the legislature Acts To-TI, p. Hni
amended the sections IN Chap, In 10y
striking out the limitation In onc-thirl
par, oi the wiie's cstatc-thus restoring
Inc whole principle OF curtesy, aceont,
ing In its common law definition; and
by the acts of same session-p. olS--
rcpealcd the inheritance, by survivor
shin, in case oi the intestacy al either
husband or wife The effect ut these
amendments oi the code ct 1868 was:
LIST. To learn the law of dover rs u
was and had teen, always; 2d. To
enlarge the vurtesy 1T the husband So
that il now Includes all the wife's estate
of inheritance, instead OF the onc-thirt,
rs the trainers ri the Code intended.
have referred Ia this subjcctwith no
view Ia its discussion, now but, simply,
10 preface an alMsion to another section
of chapter 7s--whSh seems 10 ho anom-
alous, and, moreover, To have history.
II will he perceived that these sections
of the Code relate only Ia cases Ut mites
tacy; hut they contemplate the preserva-
ton Of the rights they secure. even
when the disposition of an estate has
been declared by will that is, whore
there is no intestacy. In the case al a
dowress, il has always been the law that,
whatever provision may be made
for her, by her husbands will,
she could renounce il and take her dow
er in one-thirl Of his lands. And SO the
law Is to-day, without change or inno-
walton. But the Code Of 1858, design
ius to place surviving husband upon
the same footing with the surviving
wife, made him, a. we have seen, tenant
by curtesy OF only one-thini OF her
landed estate. why the term ''tenant
BY curtesy" was employed, instead OF
saying ..tenant for lie, " cannot be OK
planned, except upon the ground Of .
senorni and vicious iancy Tor usilte, In