The times. [volume] (Richmond, Va.) 1890-1903, 1890-10-30

bie 20 serte warrant for small claim,
and 10 summon witnesses TO attend before
a justice.
section 24G0, Code Of 1871, amended by
chapter 81, page ", Acts OF lSso-eo; ms
section provides that creditor may inst-
tute suit TO avoid a gift, assignment, &C,
''before obtaining a judgment or decree ior
his claim and thereby acquire lien, &c.
This section has been amended In two
particulars: First. II allows petitioning
creditor 10 file his petition either ''in the
court or In the clerks Office OF the court IN
which the suit is brought"
Second. IL requires 1.-THE amount OF the
claim asserted by the complainant or peti-
TONER, to be inserted in the lis pendens, re-
quired by the Code Of 1887, to make the
lien Of the suit valid against creditors and
purchasers for valuable consideration with
out notice.
The provision in said amendment, which
allows a pettioning creditor to file his petit
ton in the clerks office as well as in court,
removes question Of practice which has
been the source of much trouble and anH-
iety 10 the bar OF this city since the repeal oil
the bankrupt law.
Section $3.50, Code 1857, amended by
chapter 1913, page l02 Acts 500. ms
section contains what is know as the "Ioor
Debtors Exemption" and provides that the
exempted articles may be set aside by the
debtor ''Or his agent"
The amendment Omits the words "Or his
agents." thus leaving the authority 10 select
to the debtor alone.
SALE OF PERSONAL PROPERTY.
Section 1902, Code 1887, amended by
chapter 1876, page Jos. Acts lSst'W.
This section provides that the conditional
sale Of personal property or the reservation
Of the title thereto, until the same Is PAID
for. "shall be void as 10 creditors OF and
purchasers for. value without notice from
such vendee, unless such sale or contract
be evidenced by writing executed by the
vendor, in which the said reservation or
condition Is expressed, and until and ex-
cept from the time the said writing il
duly admitted TO recOrd"&c.
The amendment requires that the witt
ing "in which the said reservation or condl-
ton is expressed" shall be signed by the
'yendee" as well as the vendor.
said amendment also requires that, IN
stead Of said writing being duly admitted
TO record" as required by the Code, "a
memorandum Of said writing, setting iorth
the date thereof, the amount due thereon
and "A brief description Of said goods or
chattels. be docketed in the clerks once,
&C.: and that the clerk shall keep book III
which said writings shall be docketed,
which shall be properly indeXed, &c. the
clerks fee for these services not to exceed
y cents each.
KPHEMgRAL CONTRACTS.
This amendment seems 10 be an improve.
ment ON section 1862. Code 1851, the original
statute on this subject. For IT removes
from the deed books. and especially from
the general index books mass OF epheme-
raj cOntracts-and il is much less expensive
than the record 0tiOn Of the cOntract-yet II
gives 10 the public as ample protection az
the old law. ,.o, -,.-,
Chapter lsl, page III. Acts $500, which
is not an amendment Of the Code. but an
original statute, provides that when "
Judgment or decree is rendered on an lnstru'
ment waving the homestead or upon de'
mand against which the homestead cannon
be claimed" said judgment or decree shall
recite said fact, and II shall he endorsed
fupOn the execution.
This statute also provides that the plain
tiff. in order 10 have the benefit Of the above
provision, must allege "that his demand II
not subject TO such homestead exemption
when it Is not apparent from the face OF the
pleadings.'
This statute finally provides that no pre-
sumption against the plaintti us To be
| drawn from the silence Of any Judgment
execution or decree on the matters provided
for BY this act.'
The only apparent benefit to be derived
from this statute is that the plaintll is re-
lieyed from all trouble and delay in having
his execution levied on homestead property
when he has waiver OF homestead, %c. II
all other respects, it seems that the proceed
ings on "A claim, which is good against the
homestead. remain in statu quo.
Oh. ls2, p. 13s, Acts $500, Is also an
original statute. This act provides "fol
the removal of remains Inferred in grave
wards and sale Of land vacated by such re-
moyal;" also for the disposition Ct the pro
ceeds Of sale.
As this is an act which few. if any Of US
will ever have occasion to proceed under,
deem il unnecessary 10 comment on II. FUR
Their than to say that it seems very inartl
licially drawn.
Section PIG. Code 1857. amended boy chap
ter 2l3. page 1863, Acts lSN9'9O. This section
which prescribes the proceedings in suit
for unlawful detainer, allows the Landlord
to proceed before justice Of the peace L
reject the tenant. if the lease was originally
.'for a period not exceeding one MONTH
The amendment 10 this section also al
lows this proceeding before justice, wher,
the original term was "iOr the time suct
tenant Is employed by the landlord az
laO0rer."
This amendment seems TO be for the eX
elusive benefit Of farmers, the owners %
mines, and country manufacturers; henc'
it is of little or no importance to the mem
bers of our bar.
HUSBAND AND WIFE.