The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1879-02-19


sey. Dr. %. G. stare q The Methodist
}. Mr. Mr. 1 KYLE easrsd che following resoln-
III i,sso,ped, rhat specehes on the bin pro.
noa;rg amendments TO. the Gcnsttt ution DC
limited 10 fifteen minutes.
Agreed to. sssss "a
EXTRA PAY.
d Ar. .FRtzrEg offered the following
Whereas it appears from the Auditors
raeI,nrt and other sources that q large sum
Of money exceeding 81, 200) has been pau
70 certain officers and attaches OF this ho9se
Nv order OF the Committee on House EA-
penses !, and whereas the Committee iof
Courts Of Justice has reported to tins !eoay
such payments TO, he bout autnority OF
law: and whereas this money, thus IND pro
periy paid, ought to be refunded 10 Tue
Commonwealth therefore
| RESOLVED, That the Committee for courts
CT Justice be instructed to report, Wttno y.
delay, who is pecuniarily responsipie ~ tne
State, the party OF tne
ing such payment and also iIne W sIe.,
mode 10 proceed to cover the SAD money
| into the Treasury. ~ ~. sifa;,,4
| The resolution was agreed TO. 1865,
| Mr.. 8fcCABs moved to reconsider. 49,;
The resolution was then discussed at
| length and passed by.g; s -. a..
!tTo solve the difficulties presented, MI.
JOHNSTON, OF Giles, offered the following:
| Re IT reso!ved, That the Committee for
Courts be instructed .toliDquire what leels-
| Iation may be necessary to prevent tne,pat-
ment to any of the officers OF this House
iexcept by its .orderl any other ,than the
COMPENSATION fixed by law for their ser
vices, and report by bill or Otherwise
Agreed to. 80, %,',4
49,: CLAIMS aGAINsrlsCHooL FUND. tf
On melton or Mr. WARING, it was
| Resolved That the superintendent OF
Public instruction be requested to inform
this body what is the amount Of all CLAIMS
outstanding against the nubic.schoot tunu.
SECRETARY BOARD OF PUBLIC, WORKS.
Mr.. HENRY offered the following: ,,,.l
Resolred, That the Board OF Puhlic
Works inform ,. the House OF Delegates
whether the office OF secretary OF lneir
Board can properly be abolished, or the
compensation attached thereto be :cduced,
and II SO. how much; and whether the du-
ties OF the office can be properly performed
BY the Railroad Commissioner. 80.
Mr.. HENRY stated that he desired this in
formation IN view Of the. Senate bill pro-
posing to abolish the Office OF secretary.
A member stated that the House commit
tee had reported against the Senate Dill.
Mr.. HENRY thereupon expressed i Will
iponcss 10 withdraw the resolution, but
sew eral members said they would like to
have the information. ...,., .,...... ~ :.
The resolution was agreed to. -,
OUGHT MOTHER TO INHERIT HER. INFANT
GUILDS PROPERTY !? ls...-...t..
House bill No. lao had for its object the
striking out OF section 8 OF chapter ll9 OF
the Code, whereby, in case Of the death OF
infants, their real estate is made to go back
TO the relations OF the parent from whom
they derived it, while their personal estate
goes to their next OF kin.-,~The rule as 10 IN
fants' lands, as the law now stands, is dr.
ferent from that appliedto adults, the whole
estate Of the adults dying intestate gong 10
their.reXt Of kin. s.'
Mr.. HENRY was toe patron CT the bill,
and he stated that he prepared it because OF
the following letter which he had received.
and which he supposed was written by a
widowed mother: r.5' ~.
~. RICHMOND, VA, January 8, 1879.
lfr. ". W. Henry: .....
Dear Sir,-There is law In the Code OF
Virginia, as you know, which makes the
father or mother the heir OF the property OF
child in case the child die intestatc anG be
over taoenty-one years OF age. There is an
other law in the Code (page 9ls) which
makes not the father or mother heir, but the
relations OF the child on the side 81 the pa
rent from whom it (theI property was re-
ceiyed, IT me Child be under tao0nty- one years
of age. .,.:r., -, III ,sg.s..-... :,
Now, it seems that The parental tie is just
as strong in case OF child andeT twenty
| one as oUe7. 'twenty-one years Of age, and
that il either parent should inherit in ono
case, he should in the other. Suppose a son
dying intestate and leaving mother desti-
tute OF the necessaries OF life, would it be
right for relations, perhaps distant and also
wealthy, to inherit the estate, while the
mother starves? Think not. ~, .,-.
| I'would suggest that you, if you look at
it in the above light, move. a repeal OF the
law in regard to the property Of infants.
Very respectfully, ...... -, -.
n. b. II you have not the time TO look
into this matter please hand this TO one OF
the other delegates from Richmond. ,...
The law Of desserts reported by the re-
visors appointed in 177G, who were MI.
Jefferson, Judge Wythe, and Judge Pen
deton, was drafted by Mr.. Jefferson, and
changed the English law OF descents, which
had been the law in Virginia. Their re-
port made the nearest in blood the heir and
distrlbutee on the theory that they were the
nearest in affection. 1t applied to infants
as.well rs to adults, and made no distlnc-
ton. In 1892, however, the law was
changed as to lands OF infants: they were
made to go bnck to the relations OF the
parent from whom they We're derived.
This innovation has been disapproyed
| OF in strong language by Judge
Roane in Tomiinson u.s.. billiard, Sd Call ;
by Judge Tucker in. his commentaries, by
| Professor Minor in bis institutes, and by
one OF the two reyisors in 1S49. The Com
mittee for Courts OF Justice reported agains!
the change. and Mr. CoGHILL, its chairman,
sustained IFS report mainly on the ground
that the law had been long IN existence in
this State and: should not be disturbed, even
| il not exactly right. He also commended
that the law was rigbt.in itself. .t: alI 49,.
Mr.. HENRY contended that il the balance
| Of, the law OF descents was right this was
wrong, rs they were opposed the one to the
other, and the same reason which applies to
adults applies to infants-their affections
| being the same-and that no time should
be permitted'to consecrate wrong princi-
pie. ...-.-... 800.