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

Courts may appoint trustees 10 make con-
veyancos for religious purposes.
The amendment not only allows the Cir
cult or Corporation Courts, but also 1.-The
Judges thereof In vacation" 10 appoint
trustees for this purpose.
CASKS or APPEAL.
Section 1884, Code 1887, amended by CHI.
90, p. 80, Acts $500 This section gives
the "rule OF decision, where the evidence
and not the facts) Is certified" where there
is an appeal.
The amendment provides that In cases OF
appeal where there have been two trials IN
the lower court, If the appellate court finds
that the lower court erred In setting aside
the first verdict, sit shall set aside and an
null all proceedings subsequent TO said yer-
dict and enter judgment thereon"
The effect Of this amendment will be
readily seen by reference 10 the case OF
Jones VS.. Old Dominion Cotton Mills. "
Virginia, 40. In that case three yerdicts
had been rendered for the applicant-the
FIRST verdict being the smallest in amount,
and the third being the largest In amount
all three having been set aside by the lower
court. The appellant, Of course, asked for
judgment on the third verdict, which was
| the largest, and the supreme Court OF ' IT.
| GINA ordered judgment 10 be entered on
that verdict. Had the above amendment
| been in force at that time, the appellate
court would nave 'set aside and annllled'
the second and third yerdcts, and would
have entered judgment on the first and
smallest verdict.
Section 24Sl, Code 1887, amended by CHI
| Al. p. 90, Acts 1890. Under this section
when taken in connection with section Hi4
a vendors lien, though expressly reserved
on the face of the conveyance" could moi
| be enforced latter six months from the time
when the whole amount covered by such
lien has become payable"
But section 293j, under the head OF limi
tation Of suits, provides that ''no lien here
after reserved 10 secure the payment OF un
paid purchase-mOney, shall be enforced
after twenty years from the time when The
right TO enforce the same shall have mrs
| accrued
Hence in the Code Of 1887, section 2Is
limits the enforcement Of vendors lien e
six months, while section c3j limits 1t Z
twenty years.
This conflict between these two sections ha'
been removed by so amending section 2is
as 10 exclude vendors liens from the siN
months limitation, thus leaving sector
1885 allowing vendors liens TO be enforced
within twenty years, as the only law on th'
subject
Section 349, Code 1887. amended by chap
ter 81. page 81. Acts lsS9-9O. This section
provides that when a trustee in a deed o.
will dies. removes from the state, declines
the trust or resigns, new trustee may d
appointed by the proper court to execute
the trust. But there is no provision in thu
Code of 1887 allowing a surviving trustee
or the personal representative of sole sur
yiying trustee. to execute the trust.
The amendment TO this section provide
that "a surviving trustee, or the persona
representative Of a sole or surylyin!
trustee shall execute the trust, un
less the instrument creating tn
trust direct otherwise, or some othe
trustee be appointed" &c. Thi
provision corresponds with section y, CHAP
ter IA, Code 1873, except as TO the express
power given by the amendment to "A sur
viying trustee, which is an enlargement o
the powers given in the Code Of 1873.
Chapter 81, page 10, Acts lSS9-'9O, which
is not an amendment to the Code Of 1887
but an original statute, imposes tax Oh
all charters. whether granted under section
lllj, Code 1881, or by the Legislature. eI
ccpt charters for religious. benevolent, o
literary purposes. This tax, except in ;
few cases where the amount is fixed sum
is graded according TO the maximum capl
tai stock of the proposed company. TIT
minimum tax is s. for capital stock o
$1,000. and the maximum tax is $500 for
capital stock of over $l,OO0,OO0.
Eighteen days after the above statutl
was passed the first act was amended II
certain particulars, but not as 10 tn
amount of the graded tax. This amend
ment. chapter 12i, page 81, provide
that this tax shall be paid on "eyer.
charter Of incorporation hereafter passe'
by the General Assembly but does no
mention charters granted under section
ll45, Code 1887. This omission in IN
amended section Of this act raises the ques
ton whether court charters are liable Z
this tax. am informed that the Attorney
General OfNirgnia has given an opinion Oh
this question, in which he holds that cour
charters are liable to this tax under tn
amendment; and am also informed that
suit has been, or soon will be, brought +
test the correctness Of this opinion. Unit
this question is settled by the Court OF Ap
peals the safest course to pursue as TO cour
charters is to pay this tax under protest.
section 1901, Code 1887. amended by chap
ter -, page a, Acts $500.
! This section pTescribes how and by whom
certificates Of acknowledgment snail b.
taken for the purpose of admitting deeds
&c, 10 record.