Virginia.

Acts of the General Assembly of the State of Virginia: passed at the session ... online

. (page 53 of 84)
Online LibraryVirginiaActs of the General Assembly of the State of Virginia: passed at the session ... → online text (page 53 of 84)
Font size
QR-code for this ebook


next year ; and all sums derived from county or district fVinds,
unexpended in any year, shall remain a part of the county or
district funds, respectively, for use the next year. But no sums
derived from county or district funds shall be subject to re-di-
vision outside of the county or district, respectively.

66. Public free schools shall, in like manner, be established Free schools in
in all the cities and towns of this state which are provided ®^**®* *°^ ^^^^
with a municipal government, excluding the jurisdiction and
oo^izance of the authorities of the counties within which such

cities and towns are respectively situated. And the provisions
of this act shall be applicable to such cities and towns in like
manner as to the counties, in respect to the officers and authori-
ties to be charged with the execution of the law, their mode of
apportionment, their functions and responsibilities, the raising,
distribution, and collection, custody, application, and disburse-
ment of funds, and in all particulars, except only in so far as
the charters and ordinances of such cities and towns severally
(being not contrary to this constitution) shall otherwise provide.

67. Chapters seventy-eight, seventy-nine, eighty-one, and Code of Va.,
eighty-two of the Code of Virginia of eighteen hundred and Snd^^2'aJd'*^
sixty, and all other acts and parts of acts in conflict with the other inconiig-
provisions of this act, shall be and are hereby repealed. pea\^^*' ^'

68. This act shall be in force from and after its passage. commence-



Chap. 260. — An ACT Prescribing what Counties and Corporations shall
Compose the First Judicial Circuit.

Approved July 11, 1870.

. * 1. Be it enacted by the general assembly, That the counties First judicial
, * of Norfolk, Princess Anne, Nansemond, Isle of Wight, South- ^'^*^^^

ampton, and Surry, and the cities of Norfolk and Portsmouth,
.^ ^ shall constitute the first judicial circuit.

2. This act shall be in force from its passage. Commence-

^ » ment

53



Digitized by VjOOQ IC



418



ACTS OF ASSEMBLT.



MPtlioriz«d to
ezehsngeMT-
tftin ftmis for
ttotoof Vlr*
glnlft



Commenoo*
ment



Chap. 261. — An ACT to Aathorise the Governor to Exchange the Arms of
the State for Roberts' Breech Loading Gnns.

Approved July 11» 1870.

1. Be it enacted by the general assembly, That the governor
of this commonwealth be and he is hereby antJiorized, when
he draws the quota of arms for the state of Virginia from the
general goyemment, wheneyer he ma^ deem it proper and ne-
cessary, to contract for their alteration to breech-loaders, on
the Roberts system, on the following basis :

The mannfactarers of the gun shall receive from the state a
certain number of guns, and return to the state one-third of
such number, alter^ to breech-loaders on the Roberts sys-
tem, retaining the other two-thirds as their compensation for
the work done and materials furnished on the one-third ; or
upon such other better terms of exchange as the governor may
be able to effect.

2. This act shall be in force from its passage.



Authorizing re-
pair of hall of
Donseofdelo*
gates, 4cc



Provleo



Gommeoce*
ment



Chap. 262. — An ACT Anthorizing the Superintendent of Public Buildings
to have the Hall of the House of Delegates and Executive Chamber Re-
paired and Refitted.

Approved July 11, 1870.

1. Be it enacted by the general assembly, That the superin-
tendent of public buildings is hereby instructed and empow-
ered to contract for the immediate repairing and refitting the
hall of the house of delegates and the executive chamber, and
the conversion of the room formerly used by the court of aj)-
peals into committee rooms, according to the plaiis and speci-
fications drawn by the superintendent of public buildings:
provided, the cost does not exceed in amount the sum of thirty-
eight hundred dollars ; and the auditor of public accounts is
required to issue his warrant or warrants on the treasury, on
the certificate of the superintendent of public buildings, for
such sum or sums as may be necessary for said repairs, not
exceeding the amount hereby appropriated.

2. This act shall be in force from its passage.



Chap. 268 — An ACT to provide for the Publication of the Unpublished
Decisions of the Supreme Court of Appeals, prepared by Peachy R.
Grattan, Esq., late Reporter of said Court.

Approved July 11, 1870.

Providing for 1. Be it enacted by the general assembly of Virginia, That
?ertifi?£«?on» o°® thousand copies of the decisions made by the supreme
of court of ap- court of appeals at the October term, eighteen hundred and
sixty-eight, and the January term, eighteen hundred and sixty-



poaJa



Digitized by VjOOQ IC



ACTS OF ASSEMBLY. 419

nine, of that court, and which were directed to be reported
by the judges ; such of the decisions made by the military
court of appeals, and such of the decisions made at the spring
term of the supreme court of appeals of the present year,
which the judges of the supreme court of appeals may direct
to be reported, which have been or are being prepared by
Peachy K. Grattan, the late reporter of the supreme court of
appeals, shall be published, in the same mode and in the same
style as is provided by law for the publication of the reports
of the said court ; and the said Peachy R. Grattan shall pre-
pare the same for publication, and shall examine and correct
the proof-sheets, in the manner prescribed in chapter one hun-
dred and sixty-six of the Code, edition of 1860.

2. For preparing the said reports for publication, and per- Appropriation
forming the service prescribed in the preceding section, there ^^^^^^^
shall be paid out of the treasury to the said Peachy R. Grat-
tan the sum of one thousand dollars ; one-half thereof upon

the passage of this act, and the other half thereof when the
work is completed.

3. This act shall be in force from its passase. Oommenoe-



Chap. 264. — An ACT to Amend and Re-enact Section Two of an act ap-
proved April 2, 1870, in Relation to the Terms of County Courts.

Approved July 11, 1870.

1. Be it enacted by the general assembly. That section two Aotreiatingto
of an act approved April second, eighteen hundred and seventy, Snrto amendS
be amended and re- enacted so as to read as follows :

" Tffrms of county courts,

" ^ 2. There shall be held in each county of the common- s 2
wealth, monthly, a term of the county court, to be held at the
times prescribed by law, and with the jurisdiction hereinafter
provided. The court may, from time to time, change the day oonrt may
lot the commencement of the terms thereof; and may desig- ^rf^SaUeJiis,
nate four or more terms of such court for the trial of civil ^d torm« for
cases in which juries are required, and the same terms may oaseaby jariet
be designated for the trial of both civil and criminal cases ; Forcible entry •
and thereafter, until otherwise ordered, all cases cognizable in SStoSi^^''"^
such court in which juries are required, except criminal cases
and cases of forcible entry and unlawful detainer, shall be tried
only at such terms as are so designated, the clerk of such court
within thirty days after any change has been made in the day
for the commencement of the terms thereof, shall send a copy
of the order making it to the clerk of the house of delegates."

2. This act shall be in force from its passage. Commence-

ment



Digitized byCrrOOQlC



420 ACTS OF ASSEMBLY.



Chap. 265. — An ACT to Ameod and Re-enact Section Two of Chapter One
Hundred and Sixty-Three of the Code of Virginia (1860), with regard to
Clerks of the Court of Appeals.

Approved Jaly 11, 187a

Codoof Va., 1. Be it enacted by the general assembly, That the second

amendS**^' section of chapter one hundred and sixty-three of the Code of

Virginia (eighteen hundred and sixty), be amended and re-en-

aoted BO as to read as follows :
« 2 " ^ 2. There shall be three clerks of the court of appeals ;

comi-of appeiSS- o°® ^^^ t^® said court at Richmond, one for the said court at
tigir term of Staunton, and one for the said court at Wytheville. The term
^ ^ of office of each of these clerks shall be six years."

Oommenoe- 2. This act shall be in force from its passage.



Chap. 266. — An ACT to Amend an Act entitled an Act to Prescribe and
Define the Jurisdiction of the County and Corporation Courts of the
Commonwealth, and the Times and Places of Holding the Same.

Approved July 11, 1870.

Act defining 1. Be it enacted by the general assembly. That the act en-

if^iSSinti^Md***' titled an act to prescribe and define the jurisdiction of the
corporation couuty and Corporation courts of the commonwealth, and the
coort«,amen ^[j^q^ and places of holding the same, approved April second,

eighteen hundred and seventy, be amended by adding thereto

the following section, viz :
Where judge of " ^ — . If any judge of a corporation court be unable or fail to
SSSt^mibie attend a regular terra of his court, or be prevented from sit-
or fails to hold ting during the whole term, or be so situated in respect to
maylat^ ^ ^ any cause pending in said court, as in his opinion to make it

improper tor him to try it, any other judge of a corporation

court may hold said court, either for the whole terra or any

part thereof"
Commence- 2. This act shall be in force from its passage.

ment



Chap. 267.— An ACT to Amend and Re-enact Section Fifty-Eight of the
Act entitled an Act to Provide for a General Election, approved Mav
11, 1870.

Approved July 11, 1870.

Act to provide 1. Be it enacted by the general assembly. That section fifty-
uo/amSded^* eight of the act entitled an act to provide for a general election,
approved May eleventh, eighteen hundred and seventy, be
amended and re-enacted so as to read as follows :
§ 58 " ^ 58. Whenever a vacancy shall occur in any county, cor-

S^ty%o?pora. poratiou or township office, the same shall be filled by the
shT'offiwr^to J^^S® ^^ the county or corporation court of the county or
be Sued by^ Corporation in which such vacancy shall occur: provided,
iffion" "^^* however, that when a vacancy shall occur in the office of circuit



Digitized byCrrOOQlC



ACTS OF ASSEMBLY. 421

court clerk, when the clerk of the county court is not clerk of
the circuit court, such vacancy shall be filled by the judge of
the court in which the vacancy occurs; and provided further,
that when a vacancy occurs in the office of hustings court clerk,
attorney for the commonwealth of a city or town, such vacancy
shall be filled by the judge ot the hustings court of the city or
town in which such vacancy occurs : and provided further, that
when a vacancy occurs in the office of clerk of the chancery
court of the city ot Richmond, such vacancy shall be filled by
the judge thereof And all officers, so appointed to fill vacan-
cies, shall continue to discharge the duties of their respective
offices until their successors shall be elected at the next election
after their appointment, and shall have qualified. Writs ofwriuofeieo-
election to fill such vacancies shall be issued by the judges of "**°
the county or corporation courts of the counties or corpora-
tions in whicn such vacancies occur ; so that the same may be
filled at the next election afler any such vacancy may occur."

2. This act shall be in force from its passage. oommence-

^ ^ ment



Chap. 268. — An ACT Conferring Judicial Powers on Mayors of To*<rns hav-
ins( less than Five Thousand Inhabitants, and investing the Sergeants of
said Towns with the Powers and Duties of Constables.

Approved Jnly 11, 1870.

1. Be it enacted by the general assembly, That in all towns Powereof

of less than five thousand inhabitants, and having a mayor and Stor'tJSBtoMof
council or board of trustees, that the said mayor and the mem- ^^'^o^ *®"
bers of the council or board of trustees, shall be clothed with haWtaiSu "
all the powers and authority of a justice of the peace, in civil
as well as criminal matters arising within the corporate limits,
and said criminal jurisdiction shall extend only to the distance
of one mile beyond the corporate limits of said town, except
where it is otherwise specially provided by law.

2. The sergeant of such towns shall have the same powers Powewof ser-
and discharge the same duties as constables, within the juris- ^^^^
diction conferred by this act.

8. This act shall be in force on and after the first July, commenee-
eighteen hundred and seventy. ™®°*



Chap. 269. — An ACT to Amend and Re-enact the Tenth and Eleventh Sec-
tions of Chapter Forty-two of the Code of Vir^nia, with regard to Levy
of Executions for Recovery of Debts due the State.

Approved July 11, 1870.

1. Be it enacted by the general assembly, That the tenth code of Vm.,
and eleventh sections of chapter forty-two of the Code of Vir- J^^fijam^ded
ginia, eighteen hundred and sixty, be amended and re-enacted
as follows :



Digitized byCrrOOQlC



422



ACTS OF ASSEMBLY.



♦ 10 " ^ 10. Every writ of fieri facias issued according to the

Mutooffi^rto eighth section, shall be levied first on the goods and chattels,
levy writ If, in the county or corporation of the person against whose

estate such writ issued, there shall be no goods and chattels
liable thereto, or not a sufficiency thereof, then the officer hav-
ing such writ shall levy it on the real estate.
»ii " ^ 11. When a levy is so made upon real estate, the officer

tote;Vw i^e making it shall post notice thereof, and of the time and place
of sale, at such public places as may seem to him expedient,
and at the door of the court-house of the county or corpora-
tion in which the real estate is, on a court day. The time of
selling the real estate shall be not less than sixty nor more than
ninety days from the time of posting the notice at the court-
house door. And the sale shall take place at the premises or
at the door of the court-house, as the officer may deem most
advisable."
2. This act shall be in force from its passage.



Commence*
ment



Code of Va.,
chap. 50, S 1,
amended



«1



Commence-
ment



Chap. 270.— An ACT to Amend and Re-enact Section One of Chapter Fifty-
Six, Code of 1860.

Approved July 11, 1870.

1. Be it enacted by the general assembly. That section one
of chapter fifty-six of Code of eighteen hundred and sixty, be
amended and re-enacted so as to read as follows :

"^ 1. Every corporation, in respect to which it is not other-
wise provided, shall have perpetual succession and a common
seal, which it may alter or renew at its pleasure, and may sue
and be sued, implead and be impleaded, contract and be con-
tracted with, purchase, hold, and grant estates, real and perso-
nal, and make ordinances, by-laws, and regulations consistent
with the laws of this state or of the United States, for the
government of all under its authority, for the management of
its estates, and the due and orderly conducting of its affairs.
But every such act of incorporation passed by the general as-
sembly of Virginia, unless it be an act incorporating an inter-
nal improvement company, or if it be for the incorporation of
any other company, unless it be otherwise expressly provided
in the act of incorporation, shall, at any time after fifteen years
from its passage, be liable to be amended, altered, or repealed
by the legislature, as if express provision therefor were made
in such act of incorporation ; and every act incorporating an
internal improvement company, unless otherwise provided,
shall be subject to the general laws now in force, so far as
applicable thereto, or otherwise be liable to be amended, al-
tered, or repealed at the pleasure of the general assembly."

2. This act shall be in force from its passage.



Digitized byCrrOOQlC



ACTS OF ASSEMBLY. 423

Chap. 271.— An ACT to Amend and Re-enact Section 88 of Chapter 171 of

Code of 1860.

Approved July 11, 1870.

1. Be it enacted by the general assembly, That section oode of Va..
thirty-eight of chapter one hundred and seventy-one, of the amP;aJd! L to
Code of Virginia (1860) be amended and re-enacted so as to proofof hand-
read as follows : "^"^^

" § 38. Where a bill, declaration, or other pleading alleges s as
that any person made, endorsed, assigned, or accepted any
writing, no proof of the handwriting of such person shall be
required, unless the fact be denied by an affidavit, with the
answer, plea, or other pleading, which puts it in issue."

2. This act shall be m force from its passage. Commence-



Chap. 272. — An ACT to Amend and Re-enact an Act to Encourage Immi-
gration and Protect Immigrants, passed March 2, 1866.

Approved July 11, 1870.

1. Be it enacted by the general assembly, That an act enti- Act to eneoor-
tled an act to encourage immigration and protect immigrant JSm,^*^**^
labor, passed March second, eighteen hundred and sixty-six, amended
be amended and re-enacted so as to read as follows:

" Whereas, it is essential to the material prosperity of this Preamble
commonwealth, that labor be protected by law, and proper in-
ducements held out for the immigration of industrious foreign-
ers ; therefore, to encourage and protect the immigration of
«uch persons :

" ^ 1. Be it enacted. That contracts for labor for a term of Labor oontract*
service, not exceeding two years, made in a foreign country,
and duly attested by the United States consul or commercial
agent at the port where such immigrant shall embark, shall be
respected and enforced by the authorities of this state, to the
eame extent and in the same manner as if made within the
state.

"^2. Be it further enacted, That all contracts made as How made and
aforesaid, shall be in duplicate, the original in the vernacular '^c^'^^d
language of the immigrant, and which shall be retained by the
immigrant bound thereby ; the duplicate in the English lan-
guage, and which shall be recorded in the office of the county
court within ten days after the arrival of the said immigrant
«t the residence of his or her employer ; and if not so recorded,
the employer shall not be entitled to the benefit of the provi-
sions of this act until the contract shall be recorded.

" ^ 3. Be it further enacted, That immigrants under con- how enforced
tracts as aforesaid, shall have the right to apply to any justice
of the peace, who shall, on application, require personal secu-
rity for the payment of wages at the times specified in said
<;ontraot ; or it' not so specified, then month by month ; and any



Digitized byCrrOOQlC



424



ACTS OF ASSEMBLY.



Liability of im-
migrant for
abandoning
employer



Duration of con*
tracts



Commence-
ment



immigraDt who, without good and snfficient cause, being dis-
charged from the service of an employer, may recover from
his or her employer, in addition to the amount due for past
services, damages not exceeding the wages for three months
of the unexpired term of his or her contract.

" ^ 4. Be It further enacted, That any immigrant bound by
contract as aforesaid, who shall, without good and sufficient
cause, abandon or leave the service of his or her employer,
shall be liable to said employer for an amount not exceeding
the sum which may or would be due for a term not exceeding
three months of the term of his or her contract ; which amount
shall be recoverable from such immigrant in the manner pre-
scribed by the common law of the state.

'^ ^ 5. Be it further enacted, That all the provisions of this
act shall apply to all contracts made with immigrants after their
arrival in the United States, as well as to contracts made in a
foreign country, for two years after their arrival in the United
States ; except that such contracts made within the United
States may be attested by a justice of the peace or other officer
authorized by law to attest and affix his official seal to such
contract.

" ^ 6. This act shall be in force from its passage.^^



Payment of re-
ooras of cases in
district courts
provided for



Proviso



Commence-
ment



Chap, 278.— An ACT Providing for the Payment of the Printing of Re-
cords in the District Courts of Appeals.

Approved July 11» 1870.

1. Be it enacted by the general assembly, That whenever
the cost of the printing of records of cases heretofore dock-
eted in any district court of appeals remains unpaid, the same
shall, after being allowed by tne supreme court of appeals, be
paid out of the treasury : provided, that the cost of such
printing shall, in no case, exceed one dollar and fifteen coats
per page of fifteen hundred ems.

2. l%is act shall be in force from its passage.



Fees of clerks of
ctmaty and oor>
poratfon courts
in chancery



Commence*
ment



Chap. 274.— An ACT Fixing the Fees of the Clerks of County Courts and
of the Corporation Courts in Chancery Cases.

Approved July 11, 1870.

1. Be it enacted by the general assembly. That clerks of the
county courts and of the corporation courts be allowed the
same fees in chancery cases which are now allowed by law to
the clerks of circuit courts in like cases.

2. This act shall be in force from and after its passage.



Digitized byCrrOOQlC



ACTS OF ASSEMBLY. 425



Chap. 275. — An ACT to Provide for Dividing the Townships of the State In
Voting Districts.

Approved July 11, 1870.

1. Be it enacted by the general asserafcly, That in each town- voting diatrict^
ship of the state in which more than one voting place shall howaMe^^*
have been established by law, it shall be the duty of the town- tained, &c.
ship board to desig^te, by proper and well-defined bounda-
ries, the election district of each voting place within their
township ; and they shall, at the earliest practicable day there-
after, make a written report describing, as accurately as they

can, the boundaries of every such voting district, and make re-
turn thereof to the clerk's office of their county court.

2. When the boundaries of any voting district, designated Change of
in pursuance of this act, shall include the residence of any '®s^^^®°
voter who has already registered in another voting district of

the same township, it shall be lawful for said voter to change
his place of registration to his own district in the manner pro-
vided for a registered voter, who changes his place of resi-
dence from one township to another, in section nine of the act
approved April thirteenth, eighteen hundred and seventy.

3. This act shall be in force from its passage. commence-



Chap. 276. — An ACT Supplementary to an act passed June 27, 1870, en-
titled an Act to Prescribe in ^hat Manner and on what Conditions a
Householder or Head of a Family shall* Set Apart and Hold a Home-
stead and Personal Property for Benefit of himself and Family Exempt
from Sale for Debt.

Approved July 11, 1870.

1. Be it enacted by the general assembly of Virginia, That supplement to
in case the property or estate of a householder or head of a Mto^^rfJuon
femily desired to be set apart or protected under the pro- ^^f^^S^
visions of an act approvea June twenty-seventh, eighteen ^ ^
hundred and seventy, and known as the homestead act, shall

be situate in a city or town having a corporation court, then
the deed declaring the intention of the party to claim such
exemption, or the writing designating the personal property
to be selected, or designating the property in which the pro-
ceeds of the sale of such personalty is re-invested, shall be
recorded in the deed book of the corporation com-t wherein
other deeds are recorded.

2. All the powers and duties by the said act conferred on Powenof oor-
the judges of the county courts as to property lying in t^e ^"^"^^^^
several counties of the commonwealth, shall, as to persons and
property within the jurisdiction of corporation courts, be oon-

lerred on the said corporation courts, and in the city of Rich-
mond on the circuit court thereof.

3. This act shall be in force from its passage. Commenoe-

54 ment



Digitized byCrrOOQlC



426 ACTS OF ASSEMBLY.



Chap. 277.— Ad ACT to Rebate Judicial Sales and Prevent the Sacrifice

of Property.

Approved July 11, 1870.

jQdioiai sales of 1. Be it enacted by the general assembly, Tbat all jadioial
JSito^ii ^^ 8^®8 ^* ^^^ estate, under decrees or orders hereafter rendered,
«a»de for the payment of debts contracted, or liabilities incurred

prior to the tenth day of April, eighteen hundred and sixty-
five, shall be upon a credit of not less than« three nor more
than six equal instalments, payable annually from the day ot



Online LibraryVirginiaActs of the General Assembly of the State of Virginia: passed at the session ... → online text (page 53 of 84)