Exception of non-tenure not to abate writ. 1798. AN ACT providing that the exception of Non-Tenure of Parcel, shall not abate the whole writ: Approved February 3, 1798.-2 Litt. 87. SEC. 1. Be it enacted by the General Assembly, That by the exception of non-tenure of parcel of any lands or tenements, for which any action or suit shall be brought, the writ shall not be abated but for the quantity of the non-tenure which is alledged. (c) SEC. 2. All and every statute and statutes, act and acts, within the purview of this act, are, and the same shall be hereby repcaled. [As to limitations of writs of right see title LIMITATIONS, post. See also title EJECTMENT AND RIGHT OF ENTRY.] (c) Before the statute of 25 Edward, 3d chap. 16, from which both the Virginia and the above act are taken, if the demandant demanded more land against any tenant than he held, the tenant might plead non-tenure as to the parcel not holden; and this plea, by the ancient common law, would have abated the whole writ.-Green v. Liter, 8 Cranch, 239. Who may unite as plaintiffs, and who be joined as defendants, and effect of non-joinder. 1. Tenants in common cannot maintain a joint writ of right, and the tenant may take advantage of it where the mise is joined on the mere right.-Briscoe v. McGee, &c. 2 J.J. Mar. 371. 2. Tenants claiming different parcels of land by distinct titles, cannot be joined in a writ of right. If, however, they omit to plead in abatement, but join the mise, it is an admission that they are joint tenants of the whole; and the verdict, if for the demandant, for any parcel of the land, may be general, that he hath more mere right to hold the same than the tenants; and if of any parcel for the tenants, that they have more mere right to hold the same than the demandant.-Green v. Liter, 8 Cranch, 239; Ibid. 2 Wheaton, 306. What title will maintain the writ. 1. The object of writ of right is to try the whole title: hence as well the tenant as the demandant should have a freehold interest, so that all those whose rights are dependant or incidental, shall be finally decided.-Gaines v. Conn's Heirs, 2 J. J. Mar. 106. 2. Uninterrupted possession by a purchaser for thirty years with title bond, will enable him to join the mise in a writ of right.-Ibid. 107. What seizin will maintain the writ. 1. The demandant in a writ of right must prove an actual seizin before he can maintain his action.-Speed v. Buford, 3 Bibb, 57; Green v. Liter, 8 Cranch, 239, contra. The grant of the commonwealth gives a right of entry, but not actual seizin.—Ibid. 2. In order to support a writ of right, it is not necessary to prove an actual entry under title, or actual taking of esplees: a constructive seizin in deed is sufficient; a grant from the court gives such construction seizin.—Ibid. 3. Since the act of 1798, repealing the law against champerty, the alienee of a title to land in the adverse possession of another, may, where his vendor had been seized in fact, maintain a writ of right on the seizin of his vendor.-Conn's Heirs v. Manifee, 2 Mar. 399; Young v. Kimberland, 2 Litt. 225. But see now the act of 1824 against champerty, post. 4. An actual entry on land after an a dverse possession of twenty years, will not give such seizin as to maintain a writ of right.—Conn's Heirs v. Manifee, 2 Mar. 399; Young v. Kimberland, 2 Litt. 226; Bedinger v. Rickets, 2 Mar. 34; Gaines v. Conn's Heirs, 2J. J. Mar. 109. Tenant may rely on outstanding title. 1. In a writ of right the tenant may, on the mise joined, set up title out of himself and in a third person, for the purpose of disproving the demandant's seizin.-Green v. Watkins, 7 Wheat. 31. And either party may establish by evidence that the other has no right whatever in the demanded premises; or that his mere right is inferior to that set up against him.-Inglis v. Sailors' Snug Harbor, 3 Peters, 133. These cases overrule the dictum in Green v. Liter, &c. 8 Cranch, When the mise will be considered as fully joined, and effect of default by demandant. Upon an issue on the mise of mere right, a ver TITLE 5. ACTS OF ASSEMBLY. 1785. IN FORCE FROM FIRST OF JANUARY 1787. (a) AN ACT concerning election of Members of General Assembly.-12 Hening's Acts to be in force from pas sage unless oth Every act of the general assembly hereafter to be made, shall commence and be in force from the passing thereof, unless in the act itself another day for the commencement thereof be particularly erwise expressmentioned. 1789. IN FORCE FROM FIFTEENTH OF JANUARY 1790. AN ACT concerning a new edition of the Laws of this Commonwealth, reforming certain rules of legal construction, providing for the due publication of the Laws and Resolutions of each session, passed Nov. 18, 1789.-13 Hening's Statutes at Large, 8; 1 Lätt. 385. SEC. 2. And for preventing many inconveniences, which certain rules for the construction of laws have already occasioned, and may hereafter occasion: Be it further enacted by the General Assembly, That whensoever one law, which shall have repealed another, shall be itself repealed, the former law shall not be revived, without express words to that effect: every act passed during any stated annual session, shall commence in force on the first day of March then next ensuing, unless dict "that the demandant hath more mere right to hold the tenement as he hath demanded them, than the tenants or either of them have to hold the respective tenements set forth in their respective pleas, they being parcels of the tenements in the count mentioned," being certain to a common intent, is sufficient.-Liter, &c. v. Green, 2 Wheaton, 308. Verdict. 1. After the mise joined in a writ of right on the mere right, if the demandant makes ed. When an act ther is itself rerepealing ano pealed, the first is not revived. Acts com mence from 1st of March, unless otherwise ordered. default, judgment shall be rendered in bar of the writ; and so under our act of assembly--but the mise cannot here be said to be joined until replication is made to defendant's plea.-Phillips v. Tibbatts, 3 Mar. 16. (a) Until the beginning of the year 1787, it was the law of Virginia as well as of England, that all statutes should be adjudged to have passed on the first day of that session on which they were enacted.-1 Litt. Laws, 385. How law re in the act itself, another day be particularly mentioned, for the commencement thereof. SEC. 3. As often as a question shall arise, whether a law passed pealing another during any session, changes or repeals a former law, passed during of same session the same session, the same construction shall be made, as would have been made, if the act entitled "An act concerning election of members of general assembly" had never been passed. to be construed. 1796. APPROVED DECEMBER 19. (b) AN ACT declaring when certain Acts, passed at the present session of the General Assembly, shall commence and be in force, and for other purposes.-1 Litt. 508. SEC. 1. Be it enacted by the General Assembly, That the following acts, to wit: "An act establishing the court of appeals"-"An mence and be act to reduce into one the several acts establishing courts of quarter in force. Certain laws when to com sessions, and for directing the proceedings therein”—“An act to re- (b) Quere: As to when this act itself took effect. 1797. 109 IN FORCE FROM ITS PASSAGE. AN ACT declaring when certain Acts shall be in force, and for other purposes. Certain acts mence and be in force. Be it enacted by the General Assembly, That the following acts, to wit: "An act concerning public roads”—“An act to reduce into when to comone the several acts to ascertain the boundaries of and for processioning lands”—“An act to reduce into one the several acts respecting wills, the distribution of intestates' estates, and the duty of executors and administrators"-"An act to reduce into one the several acts for the establishment of ferries"—"An act to reduce into one the several acts directing the course of descents"-"An act to reduce into one the several acts concerning mill-dams, and other obstructions in water courses"-"An act containing so much of every act or acts as ascertains the boundaries of the state, and of the several counties," shall commence and be in force from and after the first day of March next; and all acts or parts of acts, which come within the purview of the same, shall be and the same are hereby repealed from and after the said first day of March next. 1798. IN FORCE FROM ITS PASSAGE. AN ACT for reforming certain rules of legal construction: Approved December 17, 1798-2 Litt. 208. SEC. 1. Be it enacted by the General Assembly, That whensoever one law, which shall have repealed another, shall be itself repealed, the former law shall not be revived without express words to that effect. SEC. 2. Be it further enacted, That every act passed during any stated annual session, shall commence and be in force at the expiration of three months from its passage, unless in the act itself, another day be particularly mentioned for the commencement thereof. 1810. IN FORCE FROM ITS PASSAGE. AN ACT declaring Acts of Assembly to be in force from the passage, unless otherwise expressed in the act: Approved Januay 25, 1810.-4 Litt. 136. Whereas an act of assembly exists, purporting that every act passed during any stated annual session, shall commence and be in force at the expiration of three months from its passage, unless in When a law repealing another is repealed the first is not revived. Acts to be in force 3 months after their pas sage. Preamble. tion of act of the act itself another day be particularly mentioned in the commencement thereof, which is deemed delusive and incompatible with the constitution: therefore, SEC. 1. Be it enacted by the General Assembly, That the second Second sec- section of the act of assembly passed in December in the year 1798, December 1798 for reforming certain rules of legal construction, and all other acts and other acts and parts of acts of like import, shall be and the same are hereby repealed. repealed. SEC. 2. And be it further enacted, That every act of the general Acts to be in assembly hereafter passed, shall commence its operation, where the force from ap- same is signed by the governor, from the time when the same is so signproval, and if ed, and where the act is passed, the objection or objections of the govgovernor object, from the final ernor notwithstanding, from the time when the same upon re-considpassage of the eration shall be approved of by the senate and house of representageneral assemtives, unless in the act another time shall be expressed for the commencement of the operation thereof. bly. TITLE 6 ALIENATIONS WRONGFUL. and warranties of land to pass only what the person might lawfully convey. 1798. IN FORCE FROM FIRST MARCH 1798. AN ACT providing that Wrongful Alienations of land shall be void, so far as they be Wrongful: Approved January 16, 1798.-2 Litt. 39. SEC. 1. Be it enacted by the General Assembly, That all alienaAlienations tions and warranties of lands, tenements and hereditaments, made by any, purporting to pass or assure a greater right or estate than such person may lawfully pass or assure, shall operate as alienations or warranties, of so much of the right and estates in such lands, tenements or hereditaments, as such persons may lawfully convey; but shall not pass or bar the residue of the said right or estate, purported to be conveyed or assured. (a) How far the heirs shall be SEC. 2. But if the deed of the alienor doth mention, that he and barred or bound his heirs be bound to warranty, and if any heritage descend to the to recompense demandant, of the side of the alienor, then he shall be barred for tenant where they have as- (a) See Davis' Lessee v. Whitesides, &c. 1 Bibb, 512. sets. |