Summary
In Smith v. Smith's Ex'r, 122 Va. 341, 355, 94 S.E. 777, 780, this court pointed out that in order for the doctrine of May v. Joynes, supra, to apply, the life tenant must be clothed with full power of disposition over the fee "without limitation or restriction as to time, mode or purpose."
Summary of this case from Taylor v. TaylorOpinion
(1791.)
Acts of Assembly take effect from the beginning of the session in which they are passed.
It was admitted on both sides that the testator died during the session, and before the ratification of the act, so that the question was when the act should begin to operate.
(31) Iredell, for the petition, insisted, on the authority of many cases he produced, to show that all the acts of the British Parliament take effect as laws from the first day of the session, and therefore sic hic.
Johnston, for the defendant, in answer, relied on the words and spirit of the Constitution, that the signing of the Speakers is necessary to give the act the sanction of a law.
Sec. XI.
But ASHE, J., concurred in the opinion of Johnston.
NOTE. — See, accordingly, Summer v. Barksdale, post, 328, but it is now provided, since the Act of 1799 (1 Rev. Stat., ch. 52, sec. 36), that the acts of the General Assembly shall be in force only from and after thirty days after the termination of the session in which they are passed, and not before, unless otherwise expressly directed in the acts themselves.
Cited: Hamlet v. Taylor, 50 N.C. 38.