The times. [volume] (Richmond, Va.) 1890-1903, 1894-05-22

absurdly adds provided he Is In no
otherwise interested In the property con-
veyed." IL is hard to conceive how MA"
can be otherwise interested in a COM
pany than as n stockholder or oiheei'
The act is a Vicious piece OF legisiatloh,
1t destroys the presumed and intended
disnterestedness OF the notary and the
judicial character Of such an act.
But It IS extremely doubtful whether
the amendatory act is constitutional.
You Will have noticed that there Is moth
ing in the title Of the act that suggests the
extent OF the amendment. On the con-
trary, the wording Of the title Of the
old act, which is copied In the title OF
the amendatory act, leads one 20 believe
that the authority given is limited to
stockholders who are y no otherwise in
terested." II IS not case where the
title fails 10 embrace the scope OF the
act. but n case where the title Is contra
dictory Of the act Governed by the de-
cision Of the Fidelity Company VS. RAN
road Company. ct ais. IS Va. p. l. we
would say that the act is because OF lts
title. unconstitutional and VOID.
Section S225. as to service OF process on
| a corporatIon. has been amended by chap
| ter 565 10 the extent Of providing mat
process In q suit against an insurance
| company chartered by laws OF this state
| must no 'directed 20 the sheriff or ser
] geant of tho county or corporation where
| I'm the chief Office Of the company is
Section 2iG0, authorizing n suit before
| Judgment or decree 10 avoid gift or
| transfer Of q debtors estate has been
amended by chapter $751; In two very I'M
| portant particulars. 4
One Of the amendments is that such
! suit may be brought whether such claim
/ no 1rIa md IA HE 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 suit may have pcr-
sonal decree against the debtor, after
crediting the amount with whatever
! amount he shall have received in the suit.
This last amendment Of course does
away with the effect Of the decision Of
| Davis v Bonney. SO Va, where our
! Court Of Appeals declared that In such
! n case a creditor was not entitled to
have a personal decree.
HUSBAND AND WIPE.
A very marked and important change
| I'm the law of evidence is contained In
| chapter 6l9: the title reads IAN act 10
| make husband and wife competent Wit
nceses for or against each other in
| civil cases" The title Is a very unfor-
| tunate one for the act in its second
section provides for their testifying not
| only in civil cases. but also in crimi al
| 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 IT'S title only the sec
ond section is imperative. for under the
rule laid down in Cooley on Constitutional
Limitations, p. 14S "if, by striking IF IN
the act all that relates 10 the object not
indicated by the title that which is
left is complete in itself sensible, capa-
bic of being executed and wholly in
dependent Of that which is rejected, II
must be sustained as CONSTITUTIONAL
by the first section husband and wife
are made competent witnesses for or
! against each other i'm all civil cases, eX-
cept in cases to set aside IL fraudul mt
conveyance. gift. or sale from one to the
other. and with the proWso that nothing
contained in the section shall be- held
to alter the existing rules Of evidence
as 10 proceedings for divorce.
Br thdt section the husband ard wife
is not allowed the option Of testfyin&
or not as ne or she may desire, b1f they
can be compelled as any other witness L.
| testify.
BY tho second section it was intended
that they should not I'm criminal cases be-
compelled. but might testify If they should
so desire. Eut IL declared that once eX-
amined In behalf Of the other. the one
| testifving would become competent 10
testify against the other. II further pro
| vides that the failure TO testify shai
not raise any presumption against the
accused. nor be alluded 10 by the prose
cutting attorney ia bis remarks, either Ia
the Court or TO the jury.
The third section still further limits
H. of husband and wife
bv declaring that neither without the con-
sent Of the other shall testify while the
marital relation exists or after ii shall
have ceased. "as 10 any communication
made by one TO the other while mar
ried." There is in this third section also
q reference 10 certain criminal cases but
IL need not be noticed as II does not
attempt to alter the existing rules OF
evidence as TO such cases.
FRoM COUNTY TO CIRCUIT COURT.
Section 1915. providing for the removal
Of causes on motion from a county court
to the circuit court Of the county or Ia
some other county court has been amend
"a nv cbapter 6lS to extent OF, first, re-
ouirln, good cause" to be shown Ton
such notion and, secondly by allowing
such removal 20 a convenient corpora
ton court" c,
/ Section 1879 is amended by cHapltI u"
IN the extent Of requiring the clerk Of IN,
Law and Equity Court Of Richmond and
clerk Of the Circuit Court Of Hsnric,
To put upon their respective dockets aA
cbancery causes and motions m@tuIlhs
during the terms of said courts.
Section 1884 contains the rule as To th'
allowance Of further time where a sun
abates or is defeated on ground not az
| foctino the right to recover. ChaDter ~
amends it very materially. II declares
that TO the other instances in whicf
another year shall be given IN Whici
IN hiring new suit shall be added thos'
I'm which lin any action or suit hereafter
commenced within due time IN any OF lh'
co,,rts Of This Commonwealth, the PLAIN
tT shall proceed in the wrong forum oil
hiring the wrong form of action anC
Judgment is rendered AGAINST the plaintI
solely upon that ground"
And II further provides that In all cases
in which an additional year is allowed the
time IN which the original suit IS pehdn5
in the appellate court shall not De
counted. a.
have read the act as II it read IN
the wrong forum" while in fact II reads
"in the wrong form" But 1t IS evident
that the word form is msprint Tor
forum"
SEVERAL AEF fNrOETANr.
In the above ! have noticed all the