Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-05-22
CHANGES In LAWS.
u. Meredith Points Them Ont 10 The
Bar Association.
EIAcTIEITs FULLY EXPLAINED.
usurious Interest, Amending Of Judgments,
Competency Of Husbands and Wives ~
Witness, Etc, Treated Ut Length.

There was iargely-attended meeting
OF the Richmond Bar Association yes
terday afternoon. The body assembled 10
have It's president. Mr.. {. V. Meredith
explain the changes made by the last
General Assembly in the laws OF 'he
State. The only other topic spoken OF
was the selection Of speakers TOT the
semi-annual meeting OF the association
which takes place at the Commonwealth
Club In October. a committee was ap-
pointed 10 take charge Of this matter.
Mr.. Mcrediths simple explanation OF
the changes made In the State laws was
listened to with earnest and studious
attention by the members OF the bar
present. After a brief introduction Mr..
Meredith said:
UsURIOUS INTEREST.
The first act Of the late session OF the
General Assembly, which. think. comes
within the scope of the resolution. Is
chapter II OF the Acts OF that session. 1t
repeats section 2s24 Of the Code. by which
a Judgment creditor could sue and recover
from a party charging usurious interest
Of the judgment debtor so much In ex-
cess OF legal interest as might be neces-
sary TO satisfy the creditors demand II
thus removes the statute upon which the
cases of Ryan vs. Kuse, and Clark vs..
same $50 virginia. were decided.
The next act requiring notice Is chapter
So II amends section 2gO6 of the Code,
which prescribes when, as TO personal
injuries, a right Of action shall not deter
mine. nor an action when brought shall
not ebate, because Of the death OF the
party injured. The amendment Is very
important one.
Section 1906 authorizes the bringing OF
such a suit. or the revival OF n suit. il
brought. Notwithstanding the death Of the
party injured, provided such legal pro-
ceedngs be taken within twelve months
after the death OF such party. Previous
To the session Of the Legislature Of 1899
the section under notice had never been
amended by direct reference 10 II. But II
is more than probable that the limitation
governing sections 1904 and 1906. as to
the time allowed for the bringing or re-
vivai OF a suit, was extended by chapter
295 OF the Acts Of 1878. BY that chapter
II is provided that the period Of one yeal
from the qualification of a personal repre-
sentative shall he excluded from the com
putatiOn of time within which by the ope-
ration OF any statute or rule of law II
may be necessary to commence any pro.
ceeding to preserve or prevent the loss oil
any right or remedy
Such was the condition of the law al
the passage of said chapter S. That act
does not contain the important words
land his death is caused by such wrongful
act, neglect. or default" Nor does IL con
tain any requirements as TO the declara-
o,I ,,ioa1lns, LafpO amended "a n
conform TO the sections authorizing ar
action by the personal representative
within twelve months after the death OF
the party injured
AS TO ATTACHMENTS.
Section a96J, specifying 10 whom an at
tachment may be directed and where re-
turnabIc. was amended by chapter l06
The amendment consists Of the addition
OF provision prescribing that the pro
cecdings upon an attachment, when Tho
claim does not exceed $50. and the return
Of such attachment has not been else
where provided for. shall be as required
in section 29SS. This section. as Will be
seen later on. is further amended by
chapter i26 of the acts under notice
The power given to Circuit Court by
section 3l26 OF the Code as 10 confirming
or refusing to confirm sale during va
cation has been enlarged by chapter 22l
OF said Acts. BY that chapter the court,
In case OF rcfusa, to confirm, may.
during vacation. order a resale 1t IL
also expressly given power, when 1T con-
firms a sale during vacation, to make
all orders necessary to carry the same
into effect.
Chapter 22i declares that commits
sioner In chaDcery may compel the at
tendance Of witnesses by summons, RUE.
and attachments in like manner as a
Circuit Court. but states that he shall
not have the power OF imprisonment. III
evidently proposes that he shall have the
power to fine. for 1t authorizes an appea
Of right by the party 40 punished. But
IL Is difficult 10 understand how the com
missioner Will enforce the fine as he
not allowed 10 imprison
Section 3l22 Of the Code, as AMENDED
bv the act Of February 20, 1892. providing
for the beginning of term OF court
when not held on the first day, and foi
suhaeouent adjournments during the tern
IS amended by chapter 225. To the extern
az puttinc corporation courts upon the
same footing as circuit courts. cxcep,
that II only allows a Corporation Cour
TO ad Iourn for six days when II has Deer
In session ten DAYS.
AMENDING JUDGMENTS.
Section 1851 of the Code providing 10
the correcting and amending or jung
mcnt or decree during the sitting OF
court or during vacation. Is not amehde
by chapter 81. except to the extent
reouhng that the notice given TO the pp
positc party of the intention TO ask 70
such correction or amendment shall ID
in writing.
Chaptcr $50 amends section 1862 OF tn
cod, os already amended by an act o
February ~. 1880. The FIRST chang
that IT prescribed is that no tax shal
be Charged for the rocordation or IN
memorandum of the contracts as To con
diticMal sales" required by that section
10 I've recorded. The next change Is tina
II 90 8 not require that such contracts
II mad as to locomotives cars or an
prtnal property used in the operation
of u railroad be acknowledged or other
wise proved in order to be recorded; an
all contracts for the sales OF any othe
class Of goods heretofore docketed with
out such acknowledgment are declare
as binding as If they had been properi
acknowledged.
Section 2257, prescribing the causes 70
dvcrcs from the bond of matrimony.
amended by chapter $50. TO the extent o
shortening the time of desertion or aband
onment from five to three years.
: elton 1854 OF the Code, as amende
by chapter $40, declares that the article
of exemption Of a poor debtor, nor @
his Widow or unmarried dau-h;er5. n
the wages of laboring man not OK
ceeling fifty dollars shall be liable 10
fines or damages arising from trespas
by aniplals and imposed under sectio
e0i2 of the Code
Section 2<os. prescribing how a mort
gage, deed OF trust vendors OF mechanic
hen may be released on the books
recording such encumbrances and max
ing IL incumbent on the person ownin
such encumhrancc 10 have slNh releas
noted on the margin of the record, ha
been amended by chapter 4l6 TO the az
tent of relieving such person of any sue
duty, If ''he shall have delivered prope
relcaSc-deed."
SALE OF CHURCH PROPERTY.
Chapter AIS amends very materially sec
ton 1906. as 10 the sale OF church pre-
perty. II provides for the sale of tn
property of congregation which Ia
become extinct or has ceased TO occup
said property as a place OF worship. TIL
sale can be affected upon the petition {
surviving trustee or trustees. or OF an
member or members of said congregation
or ~ The religious body which, by III
law OF the denomination TO which sal
congregation belonged. has charge G
custody OF such property. The proceed
Of such sale are to be disposed Of as ma