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trained animal show, carnival, circus, menagerie and circus^ or a moving
picture show, or any other show, exhibition or performance similar thereto,
within one mile of the corporate limits of the town of Coebum, Virginia,
shall procure from the said town such license as would be required if said
show were exhibitd within the corporate limits of the said town. [H B 519]

Approved March 15, 1922.

1. . Be it enacted by the general assembly of Virginia, That every
person, firm, company or corporation who exhibits performances in
a dog show, pony show, side show, trained animal show, carnival,
circus, menagerie and circus, or a moving picture show, or any other
show, exhibition or performance similar thereto, within one mile of
the corporate limits of the town of Coeburn, Virginia, shall procure
from said town such license as would be required if said show were
exhibited within the corporate limits of the said town.

Provided that any such shows exhibiting within the corporate
limits of Bondtown, Virginia, shall not be required to pay Ucense
tax to the town of Coebum.

2. An emergency existing, this act shall be in force from its
passage.



Chap. 254. — ^An ACT authorizing the town council of the town of Eastville in
Northampton county to borrow not exceeding $15,000; and to issue bonds
therefor, for the purpose of grading, draining, paving and otherwise im-
proving the streets in the said town. (H B 525]

Approved March 15, 1922.

1. Be it enacted by the general assembly of Virginia, That the
town council of the town of Eastville, in Northampton county, Vir-

, ginia, be, and is hereby, authorized and empowered to borrow not
. to exceed the sum of fifteen thousand dollars and to issue bonds
^therefor, for the purpose of grading, draining, paving and otherwise
/improving the streets in said town.

2. The said bonds may be either coupon or registered in such
denomination as the said council may prescribe, and shall bear in-
terest at a rate of not exceeding six per centiun per annum. The
principal of said bonds shall be payable in twenty years from their
date, or at such other time or times as the said council may provide.
The said bonds shall be signed by the mayor of said town and
countersigned by the clerk, and shall be negotiated or sold in such
manner as may be prescribed by the town coimcil, provided they
shall not be so sold or negotiated for less than their par value, and
the same shall not be issued imtil the question of whether or not
the said bonds shall be so issued and sold for the purposes named
shall first be submitted to the qualified voters of the town of East-
ville, at an election to be called, at any time within one year from
the passage of this act, by the said council by proper ordinance,
which election shall, in all respects, be conducted tmder the general



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1922.] ACTS OF assembly: 433

law governing special elections ; provided further, that the ordinance
calling said special election shall recite the total amount of bonds
proposed to be issued, and the rate of interest to be paid. If, at the
election to be so called, a majority of the qualified voters voting favor
the issue and sale of such bonds as proposed in said ordinance/ then,
the council shall proceed to issue and sell the same as herein provided.

3. The amounts necessary -to pay the interest on the said bonds
and to provide a sinking fund with which to pay the principal when
it becomes due, shall be taken out of the regular town levy, as already
provided by law, providing for making the levy and collecting the
same in said town.

4. An emergency existing, this act shall be in force from its
passage.



Chap. 255. — ^An ACT to authorize and empower the town of Orange to borrow
not exceeding fifteen thousand dollars to be used for street improvement
purposes, and to issue bonds therefor; and if such bonds be issued, to
provide for the payment of the interest thereon and the principal thereof
at maturity. [H B 527]

Approved March 15, 1922.

1. Be it enacted by the general assembly of Virginia, That the
town of Orange, Virginia, be authorized and empowered to borrow
money not to exceed the sum of fifteen thousand dollars ($15,000.00),
the proceeds of such loan to be used for street improviement in said
town. The said town may issue bonds, not to exceed the sum of
fifteen thousand dollars ($15,000.00) to bear interest not to exceed
six per cent per annum, payable semi-annually, with interest coupons
attached thereto, and the principal thereof to be paid twenty-five
years after the date thereof, but, at the option of the said town, may
be paid after five years from the date thereof. Said bonds to be
a lien upon all of the real estate of tfie said town of Orange. The
said real estate shall be pledged for the principal an^ interest of the
said bonds as therein set forth and as shown by interest coupons
thereto attached.

The said bonds shall be in denominations of one hundred dollars
($100.00) and, in making sale of same in accordance with the pro-
visions of this act, such bonds shall in no event be sold at less than
par value thereof.

And the said town of Orange shall provide for the payment of
accruing interest on said bonds, or so many thereof as may be issued
and sold and also for the payment of the principal of said bonds
by creating each year a sinking fund for such purpose.

The said bonds, or any one or more of the same, may be issued
and sold by the said town of Orange only for the, purposes herein
set forth.

2. The necessity for raising money for the purposes of aforesaid
street improvement in said town creates an emergency and this act
shall be in force from its passage.



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434 ACTS OF ASSEMBLY. [VA.

Chap. 256. — An ACT to amend and re-enact section 6 of an act entitled an act
to provide a charter incorporating the town of Eastville, in Northampton
county, approved February 6, 1896, as heretofore amended. [H B 524]

Approved March 15, 1922.

L Be It enacted by the general assembly of Virginia, That sec-
tion six of an act entitled, an act to provide a charter incorporating
the town of Eastville, in Northampton county, approved February
sixth, eighteen hundred and ninety-six, as heretofore amended, be
amended and re-enacted so as to read as follows:

6. For the purposes of this incorporation the council of said
town may levy annually such taxes, not in conflict with general laws,
as they may deem proper on all property, real and personal, within
the said town, not exceeding seventy-five cents on the one hundred
dollars assessed value as per State assessment; to impose a specific
license on all shows, perforipances and exhibitions that may be given,
all persons, firms or corporations who may engage in the sale of
wines, ardent spirits, malt liquors, alcoholic bitters and mixtures
thereof, either by wholesale, retail, or to be drtmk where sold. The
said coimcil shall have the power to impose a license tax on all busi-
ness on which the State imposes license, excepting, however, such
business as cities and towns are forbidden by general laws to im-
pose license taxes upon, or which is provided for by law, and its
officers shall have such power to collect such taxes as the State
officers have in like cases ; and the said council shall have the power
to impose a specific tax for the sale of merchandise or any article
that may be offered for sale by any person not living in said town,
and also to levy a capitation tax not exceeding fifty cents on each
adult person resident of sai4 town.

2. An emergency existing, this act shall be in force from its
passage.



Chap. 257. — An ACT to regulate motion picture films and reels; providing a
system of examination, approval and regulation thereof, and of the banners,
posters and other like advertising matter used in connection therewith;
creating the board of censors; and providing penalties for the violation
of this act. [H B 3461

Approved March 15, 1922.

1. Be it enacted by the general assembly of Virginia, That it
shall be unlawful to exhibit, or to sell, lease or lend for exhibition
at any place of amusement for pay or in connection with any busi-
ness in the State of Virginia, any motion picture film or reel, unless
there is at the time in full force and effect a valid license or permit
therefor of the Virginia State board of censors, hereinafter called
the board, and unless such film or reel shall contain for exhibition
upon the screen identification matter in the substance, style and
length which the board shall prescribe.

2. The board shall consist of three residents and citizens of the
State of Virginia, well qualified by education and experience to act



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1922.] ACTS OF ASSEMBLY. 435

as censors tinder this act. One member of the board shall be chair-
man, and another shall be vice-chairman and secretary. They shall
be apjKrinted by the governor, subject to the confirmation of the
Senate, for terms of four years. Those first appointed under this
act shsdl be appointed for terms of two, three and four years, respec-
tively; the respective terms to be designated by the governor.

Sec. 2J4. Each member of said board shall, before assuming
the duties of his office, take and subscribe the oath prescribed by
the Constitution of the State of Virginia, and shall enter into a
bond, with security to be approved by the judge of the circuit court
of the city of Richmond, to the State, in the sum of ten thousand
dollars, conditioned for the faithful performance of all his duties
under this act, the cost of said bonds to be paid out of the fimd
created by this act.

3. A vacancy in the membership of the board shall be filled for
the unexpired term by the governor. In case only two members of
said board are acting or are in attendance, and they disagree as to
approval of any such films or reels, they shall call in the superin-
tendent of public instruction, who shall view the film or reel and
cast the deciding vote as to approval or disapproval of the said film
or reel.

4. The commission shall cause to be promptly examined every
motion picture film submitted to it as herein required, and unless
such film or a part thereof is obscene, indecent, immoral, inhuman,
or is of such a character that its exhibition would tend to corrupt
morals or incite to crime, shall issue a license therefor. If the board
shall not license any film submitted, it shall furnish to the applicant
therefor a written report of the reasons for its refusal and a descrip-
tion of each rejected part of a film not rejected in toto.

5. (a) Used films. — ^The board shall, without inspecting it, issue
for any motion picture film which has been publicly exhibited in the
State of Virginia prior to August first, nineteen hundred and twenty-
two, a permit, only if and when application therefor as herein pro-
vided shall be made within thirty days after this act goes into effect.
The fee for each permit shall be at the rate of fifty cents for each
film of one thousand feet or less and for each one thousand feet or
less in excess thereof, whethe;^ original or duplicate copy.

(b) "Current event" films. — ^The board may at any time issue
a permit for any film portraying current events and not otherwise
prohibited by law, without inspection thereof.

(c) Scientific and educational films. — ^The board shall issue a
permit for every motion picture film of a strictly scientific character
intended for use by the learned professions, without examination
thereof, provided that the owner thereof, either personally or by his
duly authorized attorney or representative, shall file the prescribed
application which shajl include a sworn description of the film and
a statement that the film is not to be exhibited at any private or
public place of amiusement.



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436 ACTS OF ASSEMBLY. [VA.

The board may, in its discreition, without examination thereof,
issue a permit for any motion picture film intended solely for edu-
cational, charitable or religious purposes, or by any employer for the
instruction or welfare of his employees, provided that the owner
thereof either pecsonally or by his duly authorized attorney or rep-
resentative, shall ^file the prescribed application, which shall include
a sworn description of the film.

No fee shall be charged for any such permit.

6. Any permit issued as herein provided may be revoked by the
board five days after notice in writing is mailed to the applicant
at the address named in the application. Thereafter, any such film
may be submitted to the board only in the manner provided for
license.

7. The board shall collect from each applicant for a license or
permit, except as otherwise expressly provided in this act, a fee of
one dollar each one thousand feet or fraction thereof of original
film and fifty cents for each additional copy thereof licensed of per-
mitted by the board; all such fees shall be paid by the board into
the treasury of the State, to be kept in a separate fund and paid
out on vouchers approved by the board, which fund shall be ex-
pended only to pay the costs and expenses of said board including
the salaries of the members thereof at two thousand and four hundred
($2,400.00) dollars per anniun each.

8. No license or permit shall be issued for any film unless and
until application therefor shall be made in writing in the form, man-
ner and substance prescribed by the board, and accompanied by the
required fee. Such application shall immediately be given a serial
niunber which shall by the producer, owner or applicant be made
a permanent part of the principal title portion of the corresponding
film and every copy thereof for which the permit or license is ap-
plied, in such style and substance as the board shall prescribe.

9. The board shall provide all necessary help, equipment and
adequate offices and rooms in which to properly conduct the work
and affairs of the board in the city of Richmond and the State of
Virginia.

10. All fines imposed for violation of this act shall be paid into
the State treasury to the credit of the^literary fund.

11. If any elimination or disapproval of a film or reel is ordered
by the board, the applicant submitting such film or reel for exami-
nation shall receive immediate notice of such elimination or dis-
approval, and if appealed from, such film, reel or view shall be
promptly re-examine'd, in the presence of such applicant by all mem-
bers of the board, and the same finally approved or disapproved
promptly after such re-examination, with the right of appeal from
the decision of the board to the circuit court of Richmond city.

12. Any license or permit issued upon a false or misleading affi-
davit or application shall be wholly void ab initio. Any change or
alteration in a film after license or permit, except the eliminatiQa of
a part or except upon written direction of the board, shall be a vio-



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1922.] ACTS OF ASSEMBLY. - 437

lation of this act and shall also make immediately void the license
or permit therefor.

A conviction for a crime committed by the exhibition or imlawful
possession of any film in the State of Virginia shall per se revoke
any outstanding license or permit for said film and the board shall
cause notice thereof to be sentjto the applicant or applicants.

13. No person or corporation shall exhibit or offer to another
for exhibition purposes any poster, banner or other similar adver-
tising matter in connection with any motion picture film, which
poster, banner or matter is obscene, indecent, immoral, inhuman, sac-
religious or of such a character that its exhibition would tend to
corrupt morals or incite to crime. If such poster, banner or similar
advertising matter is so exhibited or offered to another for exhi-
bition it shall be sufficient ground for the revocation of any permit
or license issued by the board.

14; The board shall have authority to enforce the provisions and
purposes of this act; but this shall not be construed to relieve any
State or local peace officer in the State from the duty otherwise im-
posed of detecting and prosecuting violations of the laws of the State
of Virginia. In carrying out and enforcing' the purposes of this act,
the board may make all needful rules and regulations not incon-
sistent with the laws of the State of Virginia.

15. The board shall, on or before the fifteenth day of January
in each year, make a detailed report to the governor, copies of which
shall be distributed as are other similar reports. The report shall
show:

(a) A record of its meetings and a summary of its proceedings
during the year.

(b) The results of all examinations of films.

(c) A detailed statement of all prosecutions hereunder.

(d) A detailed statement of all receipts and disbursements made
by or in behalf of the board.

(e) Other information requested by the governor.

(f) A discussion of the work done by the board, and any recom-
mendations by the board of legislative amendments to this act and
recommendations as'to the educational and recreational uses of motion
pictures and as to those especially suitable for children.

16. Any person, firm or corporation who violates any of the pro-
visions of this act on conviction thereof before any magistrate or
justice of the peace, shall be sentenced to pay a fine of not less than
twenty-five dollars, nor more than fifty dollars for the first offense.
For any subsequent offense the fine shall not be less than fifty dollars,
nor more than one hundred dollars. Every day's exhibition of a
film or reel, or of any banner, poster or other like advertising matter
used in connection therewith, shall constitute a separate offense.

17. The several sections and provisions of this act are hereby
declared to be independent of each other; and it is the legislative
intent that, if any of the said sections or provisions are declared to



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438 - ACTS OF ASSEMBLY. [VA.

be unconstitution, such sections or provisions shall not affect any-
other portion of this act.

18. This act shall take effect August first, nineteen hundred and



Chap. 258. — An ACT to authorize the board of supervisors of Botetourt county
to construct the uncompleted portion of the Elagle Rock to Fincastlc
permanent road in Botetourt county, and to provide for issuing warrants
on levies for not exceeding fifteen years in the Fincastle magisterial district
to pay the expenses thereof. [H B 470]

Approved March 15, 1922.

1. Be it enacted by the general assembly of Virginia, That the
board of supervisors of Botetourt county is hereby authorized and
empowered to construct that uncompleted portion of the Eagle Rock
to Fincastle permanent road, on such location as may be determined
upon by the board of supervisors of Botetourt county and approved
by the State highway commission, said road to be constructed and
completed up to Main street in the town of Fincastle at the court
house, constructing said road on what is known as Roanoke street,
in the corporate limits of the said town of Fincastle, and said road
is to be built of such material and by such specifications as niay be
acceptable to the highway commission.

2. That to meet the expense of acquiring the right of way for
said road, and the construction thereof as aforesaid, the said board
of supervisors is hereby authorized and empowered to issue and
sell warrants on the treasurer of the said county, payable in annual
payments not to exceed fifteen years, which warrants ghall bear in-
terest at a rate not exceeding six per centum per annum, payable an-
nually until paid and the aggregate of all the warrants so issued
under this act shall not exceed thirty thousand dollars, and shall not
be sold for less than their face value.

3. The said board of supervisors of the said county shall, in
each of the said years for which said warrants are payable, in lay-
ing the levy, make a sufficient levy not in conflict with the general
law on the property in the Fincastle magisterial district of said
county, subject thereto, to raise sufficient amount to pay off the war-
rants, with all interest then due and payable on any and all of said
warrants drawn under this act, payable in said years, in addition
to current expenses assessable against the property in said district
for said years ; and out of said levies the said warrants and interest
shall be paid by the treasurer of said county, and shall be credited
to him in his settlement of said district road funds.

4. The enormous traffic on this road, and the necessity that this
work proceed at once, is such that an emergency is hereby declared
to exist, and this act shall be in force from its passage.



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1922.] ACTS OF ASSEMBLY. 439

Chap. 259. — An ACT to amend and re-enact sections 5, 6, 15, 18-b, 19-h, 19-i,
29, 30, 40, 43, 44, 65 and 78 of the charter of the city of Richmond, as the
same may have been heretofore amended. [H B 387]

Approved March 15, 1922.

1. Be it enacted by the general assembly of Virginia, That sec-
tions five, six, fifteen, eighteen-b, nineteen-h, nineteen-i, twenty-five,
twenty-nine, thirty, forty, forty-three, forty-four, sixty-five and
seventy-eight of the charter of the city of Richmond, as the same
may have been heretofore amended, be and the same are hereby
amended and re-enacted so as to read as follows :

5. The mayor and members of the board of aldermen and of
the common coimcil of the city of Richmond shall be elected on
the second Tuesday in June immediately preceding the expiration
of the terms of office of their predecessors, and their terms of office
shall begin on the first day of September succeeding ; all other elec-
tive officers of the city of Richmond shall be elected on Tuesday
after the first Monday in November, and their terms of office shall
begin on the first day of January succeeding, except the terms of
office of the clerks of the corporation courts of the city of Rich-
mond shall begin coincidently with those of the judges of their said
courts. In the event of the adoption of any resolution or ordinance
of the council or acts of the general assembly of Virginia heretofore
or hereafter passed, changing the boundary of any ward or wards,
or establishing a new ward out of the territory of another ward or
wards, by reason of which any member of either branch of the
city coimcil, any magistrate, or any other city officer, who is required
to reside in the ward from which he is elected, becomes a resident
of a new ward or some other ward than that from which he was
elected, then, in that event, such officer shall continue in office to
the end of the full term for which he was elected, just as if there
had been no change in the wards of the city. The terms of office
of all officers whose residence is not changed by the creation of a
new ward or change of the boundaries of the old wards shall not
be affected, but such term shall continue, expire and be filled as if
there had been no creation of new wards or change of boundaries
of old wards.

6. In case of vacancies arising in any office elective by the
people, whose election is provided for by this charter, when a gen-
eral election will occur before the expiration of term of such office,
at which an election can be legally held for the purpose, it shall
be the duty of the mayor, upon the happening of any such vacancy
or vacancies, forthwith to certify the fact of such vacancy or vacan-
cies to the judge of the hustings court, who shall issue his writ re-
quiring an election, to fill such vacancy or vacancies, to be held at
such general election in the manner prescribed in the general election
laws of the State; provided, however, that until such vacancy is
filled by an election, as hereinbefore prescribed, the council of the
city of Richmond shall elect a qualified person to fill such vacancy,
except that if the vacancy occurs in the office of clerk of a court, it



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440 ACTS OF ASSEMBLY. [VA.

shall be filled by the court — or if in the office of sheriff by the circuit
court of the city of Richmond, and if in the office of attorney for
the Commonwealth or city sergeant, by the hustings court of the
city of Richmond, or in any of such excepted cases, by the judge
of the designated court in vacation. The person so elected by the
council to fill such vacancy or so appointed by a court or the judge
thereof, shall qualify in the mode prescribed by law and shall con-
tinue in office until his successor is elected and qualified.



Online LibraryVirginiaActs and joint resolutions, amending the Constitution, of the General Assembly of the State of Virginia → online text (page 49 of 115)