VIRGINIA.

Constitution adopted 1831.-Square Miles, 61,352.-Population in 1850, 1,421,081.

Ir a person, owning or having an interest in land in a city or town, shall, by a writing signed by him, contract with another to pay him money for erecting or repairing any building or the appurtenances of any building on such land, there shall be a lien for such money on the whole interest of the said person in such land, from the time that the said writing is duly admitted to record in the county. or corporation wherein the said land lies.

But the said lien shall not be in force more than six months from the time when the money or the last instalment of the money to be paid under such contract shall become payable, unless a suit in equity to enforce the lien shall have been commenced within the said six months. If, in such suit, the lien be established, the court shall order a sale of such interest in the said land, to satisfy the money which ought to be paid under such contract.

Law regulating Contracts.

No action shall be brought

1. To charge any person, upon or by reason of any representation or assurance concerning the character, conduct, credit, ability, trade, or dealings of another, to the intent or purpose that such other may obtain thereby credit, money, or goods; or

2. To charge any person, upon a promise made after full age, to pay a debt contracted during infancy; or upon a ratification, after full age, of a promise or simple contract made during infancy; or

3. To charge a personal representative, upon a promise, to answer any debt or damages out of his own estate; or

4. To charge any person upon a promise, to answer for the debt, default, or misdoings, of another; or

5. Upon any agreement made upon consideration of marriage; or

6. Upon any contract for the sale of real estate, or the lease thereof, for more than a year; or

7. Upon any agreement that is not to be performed within a year

Unless the promise, contract, agreement, representation, assurance, or ratification, or some memorandum or note thereof, be in writing, and signed by the party to be charged thereby, or his agent; but the consideration need not be set forth or expressed therein.

Limitation of Actions.

No person shall make an entry upon, or bring an action to recover any land, but within fifteen years next after the time at which the right to make such entry or to bring such action shall have first accrued to himself or to some person through whom he claims.

An infant, married woman, and an insane person, have ten years after the removal of such disability, provided the disability shall not enable the person to bring such action or make such entry after the lapse of thirty years from the time when the right first accrued.

Every action to recover money which is founded upon an award, or on any contract other than a judgment or recognisance, shall be brought within the following number of years after the right shall have first accrued, viz. :

If the case be upon an indemnifying bond taken under any statute, or upon a bond of an executor, administrator, guardian, curator, committee, sheriff or ser geant, deputy sheriff or sergeant, clerk or deputy-clerk, or any other fiduciary or public officer, within ten years.

If it be upon any other contract by writing under seal, within twenty years. If it be upon an award, or be upon a contract by writing, signed by the party to be charged thereby, or by his agent, but not under seal, within five years.

And if it be upon any other contract, within five years, unless it be an action for any articles charged in any store account, in which case the action may be brought within two years; or an action by one partner against his copartner for a settlement of the partnership accounts, or upon accounts concerning the trade of merchandise between merchants, their factors or servants, where the action of account would lie; in either of which cases the action may be brought until the expiration of five years from a cessation of the dealings in which they are interested together, but not after.

Every personal action, for which no limitation is otherwise prescribed, shall be brought within five years.

Every action upon a judgment or decree rendered in any other state or country shall be barred, if, by the laws of such state or country, such action would there be barred. And whether so barred or not, no action can be brought on such judgment against a resident for the ten years last past, which was rendered more than ten years before the commencement of the action.

Collection of Debts.

ATTACHMENT.-When any suit is instituted for any debt, or for damages for breach of any contract, on affidavit, stating the amount and justice of the claim, that there is present cause of action therefor, that the defendant or one of the defendants is not a resident of this state, and that the affiant believes he has estate or debts due him within the county or corporation in which the suit is, or that he is sued with a defendant residing therein, the plaintiff may forthwith sue out of the clerk's office an attachment against the estate of the non-resident defendant for the amount so stated.

Imprisonment for debt does not exist.

Deeds.

A SCROLL, affixed by way of seal, is as valid as a seal.

Any deed of trust, mortgage, or other writing, made by a husband or parent to give a lien on property which is exempt from distress or levy, shall be void as to such property.

Every deed of gift, of trust, or mortgage, conveying real estate or goods and chattels, shall be void as to creditors and subsequent purchasers for valuable consideration, without notice, until and except from the time that it is duly admitted to record in the county or corporation wherein the property may be.

The husband is entitled to courtesy and the wife to dower in a trust estate. When a husband and wife have signed a writing purporting to convey or transfer any estate, real or personal, she may appear before a court authorized to admit such writing to record, or before the clerk thereof in his office; and if, on being examined privily and apart from her husband, by one of the justices of the court, or by the clerk, and having such writing fully explained to her, she ac knowledge the same to be her act, and declare that she had executed it willingly, and does not wish to retract it, such privy examination, acknowledgment, and declaration, shall be thereupon recorded in such court or in the clerk's office, or she may appear before two justices who shall be present together, or a notary public within the United States, or a commissioner appointed within the same by the governor of this state; and such justices, or notary, or commissioner, may so examine her, and if, after such explanation, she make such acknowledgment and declaration, shall certify the same on or annexed to the said writing to the following effect, viz.:—

State of New York,

Form of Acknowledgment.

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County of Monroe, to wit

I, JOHN JONES, a notary public for the county of Monroe, in the state of New York, do certify that SUSAN DOE, the wife of JOHN DOE, whose names are signed to the writing above, bearing date on the tenth day of November, one thousand eight hundred and fifty, personally appeared before me, in the county aforesaid, and being examined by me privily and apart from her husband, and having the writing aforesaid fully explained to her, she, the said SUSAN DOE, acknowledged the said writing to be her act, and declared that she had willingly executed the same, and does not wish to retract it.

Given under my hand, this twenty-fifth day of November, one thousand eight hundred and fifty.

JOHN JONES, Notary Public.

Other acknowledgments may be made in the state before the court or the clerk of the court, in his office, where the same is to be recorded. If made else. where in the United States, then before a justice or notary public, who must write on or annex to the deed a certificate to the following effect:

State of New Hampshire, to wit:

County of Cheshire,

I, JOHN JONES, a justice of the peace for the county aforesaid, in the state of New Hampshire, do certify that JOHN DOE, whose name is signed to the writing above, bearing date on the tenth day of November, one thousand eight hundred and fifty, has acknowledged the same before me, in my county aforesaid. Given under my hand, this thirtieth day of November, one thousand eight hun dred and fifty. JOHN JONES, Justice of the Peace.

One witness is sufficient to a deed.

Rights of Married Women.

DOWER-A widow shall be endowed of one third part of all the real estate whereof her husband, or any other to his use, was at any time during the coverture seized of an estate of inheritance, unless her right of dower shall have been lawfully barred or relinquished.

In addition to dower, she is entitled to one third of the personal estate, after the payment of debts and charges, taking in slaves an estate for life only. If the marriage be without issue, she is entitled absolutely to the slaves and other personal property so remaining, which were derived from her, and was preserved in kind; and again, if the marriage be without issue, and the deceased husband was without issue by any former marriage, she is entitled to one half of the residue, qualified in respect to slaves as before.

If provision be made for her in her husband's will she may renounce it at any time within one year from the probate, and entitle herself thereby to her legal rights.

Rate of Interest.

THE legal rate is six per cent. All usurious contracts are void, with the penalty of forfeiture of twice the amount of the debt.

On protested bills payable out of Virginia, and within the United States, the damages are three per centum on the principal, and ten per centum when the bills are payable out of the United States-the bills in either case being drawn or endorsed within the state.

Wills.

THESE should be in writing, and signed by the testator, or by some other person in his presence and by his direction, in such manner as to make it manifest that the name is intended as a signature; and, moreover, unless it be wholly written by the testator, the signature shall be made or the will acknowledged by him in the presence of at least two competent witnesses, present at the same time, and such witnesses shall subscribe the will in the presence of the testator, but no form of attestation shall be necessary.

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