Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-05-22

thereof. II also declares that when the
acts require. in order 10 perfect such lleh
are done, the lien shall not only aHect
any money due at the tine OF sefNce
OF the notice, but also any which may
become due thereafter. upon the CONTRACT
OF the general contractor.
BY section A79. as amended by saiu
chapter 47s, II Is no longer re@ulfeu 'ha'
the s,,b-coutractor shall give 10 the owner
his notice before performing the w'i
for or furnishing materials TO general
contractor" oo.-
Cbanter 5i2 amends both section 2yi'
and section 1851 The amendment TO the
former section consists In no longer II.
curing a Justice from whose Judgment
an appeal Is taken TO require security ioi
the payment OF said judgment, ana III IN
structlng the justice TO require security
10 nay only such judgment as may DE
rendered in the higher court on sdlu aP
peal
Section 2s57 Is changed In the same re-
epect Under II, II judgment be Tor 'ne
annelJee execution IL issued against the
nrincipal and surety. not for the jung
mont of the Justice, but for the amount
OF the judgment awarded in the higher
court
MECHANICS LIENS.
Section 2isl as amended by chapter a
NJ the acts 1890. has been further
amended by chapter $50 OF the acts under
discussion. 1t having been Heretofore de-
clared that suit 10 enforce a me
cbanic's lien r1ust be brought withln
six months from the time the Whoie
amount became due. this last amend
ment makes the filing OF peutioh ~ d
proper cause to be the institution OF
suit for all purposes of such limitation
90 n1 mn o.
ton 2ia. by declaring that when SUIT
10 brouqht To enforce mechanics lien
again piece Of property all other
holders of such liens against said pro-
perty may file petitions In that SUIT IN
stead of bringing separate suits
section 2940. declaring how warrants for
small claims may be directed and made
returnable. was amended by chapter -
of the Acts of 1890 and has been fur-
Their amended by chapter 81 Of the Acts
OF 1sa3-'gi Such warrants may now not
only be directed TO "A constable or sherif
OF q county. but also to constable or
sergeant of a corporation. Chapter oil
further amends IT by declaring that no
such warrant shall be made returnable
in county or corporation other than
that in which the defendants or any
one OF them resides"
NOTARIES.
Chapter SAC amends chapter 12 of the
Acts of 1919 The said chapter lf2
was entitled an act ITO allow notaries
or other officers who hold stock in com
panies to take Acknowledgements 10 deeds
or other writing. which said companies
execute, provided said notaries or other
officers are in no otherwise Interested.
The act itself not only authorizes such
Acknowledgement TO be done In the
future but ratifies those already done. IL
is stated both in the title and in the
Act Of 1891 '92 that. while the notary may
be a stakeholder. h must be lin no other
wise Interested"
Chapter 542, the amendatory act, In its
title adopts the title OF the former act.
and hence after stating that notarfes
owning stock may take such acknow-
Judgments contain this language. pro
vided said notai'ics or other officers are in
no otherwise Interested" Yet in the body
Of the amending act it authorizes such
acknowledgements to be taken not only
by notaries OWNING stock. but by AL
"ofIiccr" of the company.
Thus the act as now written declares
that notaries owning stock and officers In
the company may take an acknowlodg-
ment OF a deed made by or for the bene-
fit of the company.
Section 1925, as TO service OF process on
n corporation. has been amended by chap
ter J65 TO the extent of providing that pro-
cess In suit against an insurance COM
pany, chartered By laws of this state
must be directed TO the sheriff or SER
geant of the county or corporation where
In the chief Office OF the company is"
Section 2i6O authorizing suit before
| judgment or decree to avoid a gift OF
transfer Of a debtors estate, has been
amended by chapter J66 in two very i'm
portant particulars.
One Of the amendments Is that such
suit may be brought whether such
| claim be due and payable or not"
The other Is that when such transfer
| Is set aside. but the proceeds Of sale will
| not pay all the claims presented. the
creditors In such "a suit may have a per-
sonal decree against the debtor. after
| croditing the amount with whatever
| amount he shall have received in the suit.
| AS TO HUSBAND AND WIFE.
A very marked and important change
in the law Of evidence Is contained In
| chapter Gl9. The title reads: IAN act TO
make husband and wife competent wit
nesses for or against each other In civil
cases" The title is "A very unfortunate
one. for the act in its second section
| provides for their testifying not only in
| civil cases, but also In criminal cases.
| Hence II may be safely asserted that the
| second section is in violation of the clause
| Of the Constitution. which declares that
| the object Of a law shall be expressed
In the title" But only the second section
| Is imperative. for under the rule laid
| down i'll Cooley on Constitutional Limita
tons, page AS 'ff. by striking from the
act all that relates to the object no,
indicated in the title. that which is lef,
Is complete I'm itself. sensible capable OF
being executed. and wholly independent
of that which Is rejected. 1t must be-
sustained as constitutional"
by the first section husband and wifi,
are made competent witnesses for OF
against each other in all civil cases. ex
cept In cases TO set aside a fraudulent
conveyance. gift. or sale from one to IN,
other. and with the proviso tina
nothing contained in the sector
shall be held to alter the existing rule
OF evidence as to proceedings for dl
vorce"
By that section the husband and wifi
are not allowed the option OF testifying
or not as he or she may desire-but the,
can be compelled as any other witnes
to testify.
BY the second section II was INTENDED
that they should not In criminal cases b.
compelled. but might testify. II the,
should so desire. But IL declared tina
OiiNt III utudn OF the OtnfT, III
one testifying would become competen
TO testify against the other. Ii turtle
provides that the failure TO testify shall
not raise any presumption against tn
accused. nor be alluded to by the prose
cutting attorney in his remarks either I
the court or TO the jury.
The third section still further limit
the competency Of the husband and wifi
by declaring that neither without tn
consent OF the other shall testify. Will
the marital relation exists or after
shall have ceased. 'as TO any communi
cation made by one to the other Will
married" There Is In this third section
also reference TO certain criminal cases
but 1t need not be noticed. as II does no
attempt To alter the existing rules o
evidence as to such cases.
REMOVAL OF CAUSES.
Section 1915. providing for the removs
OF causes on motion from a Count
Court 10 the Circuit Court Of the county
or TO some other County Court. ha
been amended by chapter Gas to exten
OF first. requiring good cause" to
shown for such motion; and secondly. b.
allowing such removal to convenien
Corporation Court
Section 1873 Is amended by chapter IS
to the extent OF requiring the clerk o
the Law and Equity Court OF Richmon