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WAY. 1. A had a right of way granted by deed across the land of B, and
on the application of A and eight other persons, strangers to the grant, a private road was laid out by the Court of Quarter Sessions, over the land of A. Held, that the jury appointed to assess the damages erred, in deciding, that because of the existence of such a right of way, B was not entitled to damages in consequence of the opening of such road. Road from the
Lazaretto Road to the River Delaware, 1 Ashmead, 417. 2. The report of such a jury is not erroneous, because it does not
designate who should pay the damages assessed. The law fixes the obligation upon those at whose request the road was granted
and laid out. 16, 3. The circumstance, that a navigable river intervenes between
fast land and an island, to which a right of way is alleged to be attached, is no reason why the right of way should not be
appurtenant to such island. 16. 4. Land may pass, in a deed, as appurtenant to land, if such
appears to have been the intention of the parties; which intention is to be collected from the deed itself, the situation of the parties, the apparent motives which led to the contract, and the
contemporaneous construction put upon it. 16. 5. Where land is granted with a right of way, the right is appur
tenant to any part of the land, and the grantee of any part of the land is entitled to it; but, the extension of a right of way to objects not originally contemplated by the parties, is looked
upon unfavorably by the law. 16. See HIGHWAY; EVIDENCE, 21. WIDOW. On the decease of any poor inhabitant of the commonwealth, the
widow is allowed to retain, for the support and comfort of herself and family, such goods and chattels as would have been exempt from execution, during the life of the decedent, if they can be found in specie among his effects. Wood's Estate, 1 Ashmead,
314. WILL. 1. In Pennsylvania, the subsequent birth of issue, is, in itself, a
revocation of a previous will, as it produces a change in the obligations and duties of the testator. Tomlinson v. Tomlinson,
1 Ashmead, 224. 2. At the common law, when a will had been proved only in com
mon form, without notice to those interested, the probate might be re-examined at any time within thirty years next after the probate. Noyes v. Burber, 4 N. H. Cas. 406.
3. Where the heirs at law were under the age of thirteen years,
when a will was proved, and the executor named in the will made residuary legatee and testamentary guardian of the heirs, it was held that a probate of the will made before any other guardian of the heirs was appointed, could not have the effect
of a probate in solemn form. Ib. WITNESS. 1. A person who is proved to have openly and repeatedly avowed
that he had no belief in the existence of a God, cannot be admitted to testify in a court of justice. Norton v. Ladd, 4 N.
H. Cas. 444. 2. A witness cannot be compelled to answer a question, if his
answer will expose him to a criminal prosecution. And he is not bound to testify to any particular fact, if a full account of his knowledge of such fact would so expose him. But if he voluntarily state a fact, he is bound to state how he knows it, although in so doing he may expose himself to a criminal charge. The
State v. K. 4 N. H. Cas. 562. See EVIDENCE, 8, 9, 10. WRIT. Where a writ which had never been put on file, with the clerk of
the court, by the plaintiff, has been lost, no leave to file a new writ will be granted to the plaintiff, without the consent of the defendant. Muttocks v. Bishop, 4 N. H. Cas. 439.
AMENDED CONSTITUTION OF VIRGINIA,
The declaration of rights made in 1776, is prefixed to the amended constitution adopted in convention, January 15, 1830.
Declaration of Rights. Art. 1. “That all men are by nature free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity, namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.'
2. That political power resides in the people. 3. That government is instituted for the common benefit, and a majority have a right to alter it. 4. That no set of men are entitled to exclusive transmissible privileges. 5. That the legislative and executive branches should be distinct from the judicial. 6. That elections should be free, and all members of the community have a right of suffrage, and none should be deprived of his property for public uses without his consent or that of the representatives of the people. 7. That the laws ought not to be suspended without the consent of the legislature. 8. That in criminal prosecutions the crime charged ought to be specifically set forth, and the party accused, confronted with the witnesses and accusers, and have a right to produce witnesses in his favor, and be speedily tried; and not to be compelled to give evidence against himself; and that no man ought to be deprived of his liberty except by the law of the land and the judgment of his peers. 9. That excessive bail ought not to be required. 10. That search warrants ought not to be granted except on specification and sufficient proof.
11. 'In controversies respecting property and in suits between man and man, the ancient trial by jury is preferable to any other, and ought to be held sacred.'
12. “That the freedom of the press should be preserved. 13. That the militia is the proper and natural defence of a free state.
14. The people have a right to uniform government, and therefore no government separate from or independent of, the government of Virginia, ought to be erected or established within the limits thereof.'
15. That free government and liberty can be preserved only by adherence to justice, moderation, temperance, frugality, and virtue, and a frequent recurrence to fundamental principles. 16. That religious opinion should be free.
Amended Constitution. [The former constitution of Virginia was adopted in 1776. It is the shortest instrument of the kind among those of all the states. It occupies only four and a half duodecimo pages in the collection of Constitutions published at Philadelphia, 1828; omitting, however, the preamble and declaration of rights. The amended constitution is a very concise instrument of the kind, consisting of about seven octavo pages, besides the preamble and bill of rights.]
The House of Delegates consists of one hundred and thirty-four members, to be chosen annually, of whom thirty-one are chosen by the counties west of the Alleghany Mountains, twenty-five by those lying between the Alleghany Mountains and the Blue Ridge ; forty-two by those lying east of the Blue Ridge and above tide-water; and thirty-six by the counties, towns, cities, and boroughs, lying on the tide-water. A subdivision is made among
the counties of these several divisions. [By the old constitution, each county into which the state was divided at the time of its adoption, and the district of Augusta, chose two delegates, and Williamsburgh and Norfolk, and such other boroughs as might be incorporated with the right, chose one delegate each; any borough to be disfranchised in case of a reduction of the number of its inhabitants having a right of suffrage, to less than half the number of voters in some one county in Virginia.']
The Senate consists of thirty-two members, chosen in so many districts, by a plurality of votes, of whom thirteen are chosen by the counties west of the Blue Ridge, and nineteen by those east.
The delegates from the respective three great divisions and the senators from the respective two great divisions, above-mentioned, are to be reapportioned by the legislature at the expiration of every ten years; the number belonging to each of those divisions, is, however, not to be altered, until after 1841, when the legislature may, by a majority of two thirds, increase the whole number of delegates to one hundred and fifty, and that of senators to thirtysix. Art. 3, s. 2, 3, 4, 5.
The qualifications of senators are, that they must be thirty-six years of age, actual residents in the districts for which they are chosen, and also have a right of suffrage in the election of the general assembly -- of delegates, that they must be twenty-five years
age, actual residents and electors. Persons holding lucrative offices, and ministers of the gospel are not eligible as senators or delegates. Members of the Assembly are not to be appointed to any lucrative office. Art. 3, s. 6, 7, 8.
All laws must originate in the house of delegates. Art. 3, s. 10.
Prohibitions. The right to the writ of habeas corpus is in no case to be suspended. No bill of attainder or ex post facto law, law impairing the obligation of contracts, or by which private property is to be taken for public uses, without compensation, or abridging the freedom of speech or the press, is to be passed. No man shall be compelled to contribute to the support of, or attend religious worship at any place; or suffer on account of his religious opinions. And no religious teste shall be prescribed, or any preference given to any religious denomination. None shall be compelled to pay a tax for building houses of public worship. Art. 3,
Duels. The legislature may make the being concerned in a duel, a disqualification for holding a public office. Art. 3, s. 12.
Impeachments. The governor, judges of the superior courts, and all others offending against the state by mal-administration, corruption, neglect of duty, or any high crime or misdemeanor, may be impeached by the delegates before the senate; two thirds to concur in order to conviction ; and the penalty is to be only a removal from office; the party being nevertheless liable to indictment. Art. 3, s. 13.
The qualifications of electors of members of Assembly are, that they must be resident white male inhabitants, twenty-one years of age, and have paid taxes to the state within twelve months preceding the election, or be possessed of a certain small amount of income, or property in possession, remainder, or reversion. Paupers, persons of non compotes mentis, non-commissioned officers, soldiers and sailors in the service of the United States, and persons convicted of any infamous offence, are not entitled to vote for members of the assembly. Art. 3, s. 14.
Votes are to be given viva voce. Art. 3, s. 15.
The Governor is elected by the joint vote of the delegates and senators, and holds his office for three years.- Art. 4, s. 1. Must be thirty years old, a native citizen of the United States at the time of the adoption of the constitution, and a citizen of Virginia for five years at least previously to his election.--Art. 4, s. 2. His other duties are generally the same as those of executive officers in the other states. He has no veto upon the acts of the assembly.
Judiciary. The judges of the supreme and superior courts are elected by the joint vote of both houses of assembly, and hold their offices during good behavior, are subject to removal by the concurrent vote of two thirds of both houses of assembly, and their salaries are not to be diminished during their continuance in office. Art. 5, s. 1-6.