The times. [volume] (Richmond, Va.) 1890-1903, 1894-05-22
THE LAWS OF THE LAND
.syyr or the CHANGES MADE
ny 4HE LAST LBGfsLtfURk.
,a.,,C.v. Meredith Delivers His An
nuai Address Before the Richmond
Bar AS, citation.

stated meeting Of the Richmond Bar
location was held at the bar assoc
l..5n room yesterday afternoon. In ex-
...,suon OF the reading by the president
charles V. Meredith. of the following
.r which is OF great value and use
,.a.ss to the profession, there was
t.ee attendance.
Meredith occupied The chair. and
e.r.tary ". .. Skc.ton recorded
- enalr was authorized TO appoint
..Itc. TO secure two speakers for
~. october meeting.
ucstion Of securing room Tor
r Association In The city Hall
.r discussed. The association has
-.... aud valuable library which would
,..l greater use IL conveniently
.... Oh. ,le courts. SO far the common
. has refused TO allow the asso-
t. usc one Of the vacant rooms
.. C.ty Hall. but II is understood
49,. .. the judges of the city courts
| .rrcn letters stating that the IL
-. would be OF great use 10 them, and
.- that a room viii be set apart for
,... purpose.
4lE PRESIDENTS ADDE'S.
address Of the president. which
t. read with great interest by every
,.t.r .n the state. is as follows.
I....muu Of the Richmond Bar Asso-
citation.
~ d.. m obedience 10 your resolution OF
1..-.ary IS. 16S. that l submit 10 you
r. following paper That resolution in
.....ts your president. lat the stated
-....r- i'm May of each year. TO deliver
o.. address to the association, giving
,..u-.- " tine legislation of a general
,..-,c.or passed by the General Assem-
f.. ~ Virginia within the next proceed
i,s twelve months. together with such
COMMENT thereon AS snail DC OF interest
81 The profession.
have construed that resolution as
not requiring me TO notice any statutes
bearing upon crimes, or of any local
nature not affecting Richmond.
The nrst act Of the late session of the
General Assembly which l think comes
within the scope OF the resolution, Is
,hapter e of the Acts Of that session.
il repeals section 2S24 OF the Code by
which a judgement creditor couid sue
and recover from party charging rum
GUS interest of the judgment debtor, 80
much in excess OF lesal interest as nlSht
Do necessary 10 satisfy the creator >
demand 1t thus removes the statute upoi,
which the cases OF Ryan vs.. hrse anu
clark VS.. Krise. 50 Virginia, were declueu'
The next act requiring notice Is chaP'ei
S. II amends section 300 OF the 'ol7'
which prescribes when, as to personal III
i,rfes a right Of action shall not ue'oi
mine. nor an action when broushl sha'i
,,t ab3te. because of the death Of inc
Marty injured. The amendment Is WY
important one. .t.,- ~
Section 1895 authorizes the bringing %
such a suit or the revival oh sun u
brought. Notwithstanding the death % ,H'
rer.v injured. provided such legal pro
ceediues be taken within twelve Hloil'"'
after the death Of such party. FIeNl eo
IN the session of the Legislature OIL 1917
the section under notice had never peei
amended by direct reference TO It, nu'
II is more than probable that the liui'"
ttor Governing sections 2@i and 300 a'
To the time allowed for the bIlhslns VI
r.,,i,al If q suit was extended by chaptel
9B u the act Of ISIS. BY that chaptel
A. is provlded that the period OF oh'
1ear from the qualification Of persona
rapresentatfve shall be excluded from
The computation of time within which by
IN. operation of any statute or RUE o.
law # may be necessary 10 commence
any proceedings 10 preserve or proven
the loss Of any right or remedy.
such was the condition Of the law a
+h4 massage Of said Chapter s. That ac
does not contain the important words
"And his death Is caused by such wrong
ful acts. neglect or default.
Nor does il contain any requirement
as 10 the declaration and pleading belhl
amended so as 10 conform TO the sec
lions authorizing an action by the per
sonal representative within twelve months
after the death OF the party injured.
The effect Of these omissions - ina
a suit for such damages Will survive &c
tie personal representative. although tht
PARTY dies Of some other cause. ana al
though the personal representative could
not bring an action for such death.
II appears, therefore. that as the law
nov stands. If Il party is Injured and nc
action is brought before his death, the
death must have been caused by the In
jury for an action to lie But where an
action had been brought before death
IN. same can be revived after death 10y
the personal representative although the
party did not Of the injury for when
suit had been brought
As TO ATTACHMENTS.
Section $3.50 specifying to whom an at
tachment may be directed, and where
returnablc. was amended by chapter LOG
ne GlNtlIiltli t'iinl0t0 VI tii' t'NNi'i'+
Of provision prescribing that the pro
ceedings upon an attachment. when the
claim does not exceed twenty dollars
and the return of such attachment has
not been elsewhere provided for shall
De as required in section 29SS. This Sec
ton. az viii be seen later on, Is further
amended by chapter 1876 of the acts under
notice.
The power given 10 a circuit court b.
section 1926 Of the Code. as to conhrmina
or refusing TO confirm a sale during
vacation. has been enlarged by chapter
81 OF said acts. BY that chapter the
court. in case Of q refusal to confirm.
may. during vacation, order resale IL Is
also expressly given power when 1t con
firms q sale during VaSation. TO make al
orders necessary TO carry the same into
en- q.
Chapter 22i declares that a commission
or iu chancery may compel the attendance
~ witnesses by summons. rule, and at
tachments In ike manner as a Circuit
Court but states that he shall not
have the power OF Imprisonment. 1t
evidently proposes that ne shall have
power 10 fine. for il authorizes an APP
peal Of right by the party 50 punished.
But il Is difficult TO understand how
The commissioner Will enforce the fine,
as hc IS no, allowed TO imprlson.
Section 1922 OF the Code as amended
ny the act Of February 70, 1892, provd-
ing for the beginning Of a term Of a court