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but the court of the chancery may for good cause, or
cruelty &c. take it away & vest it elsewhere.
The Va code provides that the circuit county
& corporation courts may make any order for
the custody & tuition of an infant & for the
management & preservation of his estate.
V.C 535 §11. 1 [P] Williams 285. 3 Brown Ch. (...) {1}96}
2 [Radm] practice [154]. There is no obligation on
the part of an infant to support his parents.
(454) Our law has here adopted the notion of the civil
law, & allows children born before marriage to
to be legitimated by the subsequent marriage
of the parties & acknowledgement of the child by
the father, & this acknowledgement may be made
even after the death of the bastard. 2 Grattan 203.
In Va a child is considered legitimate when both
of it parent are legally ascertained.
In England it must be born in wedlock &
when so born, it is presumed to be legitimate.
(457) If the husband be beyond the seas "extra quatuor marea"
for more than 9 months, so that it is impossible
for him to have access to his wife, the issue born
during such time shall be illegitimate; but
generally during the coverture access shall be
presumed unless the contrary be proved 1. [Th.]
Coke Lit. 139 notes 1 & 13. & Hargraves notes 2,
2 Brokenbrough 258. 10 Leigh {544} 574. The case in
Leigh was this, the husband & wife were both
white & the wife was delivered of a colored child.
It was held that it was illegitimate, because
according to the laws of Physiology, it is
impossible that a white man & woman could
generate a negro child. And also if the impo—
—tency of the husband be proven, & if it be
shown that he is incapable of begetting a child
a child born under such circumstances would
be illegitimate. 1 Co. Lyt. 139 Notes (1 & 13) & 2.
(458) For our statutes relating to the maintenance of bastard,
see VC. 528. Ch. 125.