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the commissioner shall make the same according to the best
of his skill and judgment. Any person feeling himself
aggrieved by any such re-assessment, may apply to the court
ot the county or corporation to review the commissioner's
decision, which court may affirm the commissioner's decision,
or order it to be corrected. Ten days' notice shall be given
in writing to the parties in interest, or such . of them as may
be in the county or corporation, before the commissioner Bball
proceed to make such re-assessment, or before such applica-
tion shall be made to the court to review the commissioner's
decision.

" ^ 29. If the surface of land is held by one person, the
minerals, mineral water or oil under the surface oe held by
deed in fee simple by another, the commissioner shall deter-
mine the relative value of each, and shall assess the respective
owners with the value of their respective interests ; but if
minerals, mineral water or oil are beine mined or worked,
they shall not be assessed with taxes under the provisions of
this section. If the surface and minerals, mineral water or
oil be owned by the same person, and the minerals, nxineral
water or oil are being mined or worked, the commissioner
shall ascertain the value of the land, exclusive of the minerals,
mineral water or oil, by reference to the assessed value of con-
tiguous lands for agricultural purposes, and a^ess the same at
such ascertained value. The commissioner of the revenue
shall make the assessment under the provision of the act enti-
tled an act providing for the re-assessment of lands through-
out the commonwealth, passed March tenth, eighteen hundred
and fifty-six.



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ACTS OF ASSEMBLY. 53

" & 30. Every commissioner, in making out his land book, change* in
shaU correct any mistake made in any entry therein ; but land ma<te ' ^^""^
which has been correctly charged to one person shall not af-
terwards be charged to another without evidence of, record
that such charge is proper, except in cases arising under the
provisions of the next succeeding section.

"^31. When the owner dies • intestate, the commissioner Where owner
may ascertain who are the heirs of the intestate, and charge ^^^ i°^^ate
the land to such heirs. When the owner has devised the land in caao of de-
absolutely, the commissioner may charge the land to such^*®
devisee. If, under the Will, the land is to be sold, the land "Where hind is
glmll continue charged to the decedent's estate until a transfer ^ ^ ^^^
thereof. While it continues charged to the estate, the per- what property
sonal property shall be liable for the tax on all so charged, and ^**^^® ^'^^ ^®"
subject to distress or other lawful process for the recovery of
the same. Any assets in the hands of the personal representa-
tive of the decedent shall be likewise liable therefor.

" § 32. K land lying in one county, corporation, or district, where unda
be erroneously assess^ in another, tne commissioner on whose ^S^^S^tjT
book it is erroneously assessed, shall certify the owner's name
and the quantitv, description, and value of the land to the
proper commissioner, who shall enter the same on his book
and charge the tax thereon, and the commissioner on whose
book it was erroneously entered shall strike the same there-
from, upon being advised of the entry thereof by the proper
commissioner.

"§33. Land lying partly in one county and partly in an- Where iand« lie
other, shall be entered by the commissioner of the county in on™coamy*^°
which the greater part lies; but the entry and payment of
taxes in the county where any part thereof is situated, shall,
for Buch time, be a discharge of so much of the taxes as may
be so charged and paid. When uew buildings and enclosures improvementa
other than farm fences are erected, of the value of one hun-
dred dollars or more, upon that part of the land lying in the
county' in which it is not assessed, the commissioner on whose
book It is entered shaU assess and add the value of such build-
ings and enclosures, as in other cases.

" 4 34. Where land which lies partly in one county and Where land ly-
partly in another is assessed in the county in which the greater iJJLu aaseMed
part lies, if the owner thereof shall convey that portion (or any ^^^^1°,°^
part thereof) lying in the county wherein the same is not as- Sther^^nS part
sessed, the commissioner of the revenue of the latter county *■ ^^^^
sludl enter upon his land book what is so conveyed, and cer-
tify the owner's name and the quantity, description, and valua-
tion thereof to the commissioner of the county wherein the
whole was before assessed, who shall strike the part so» con-
veyed f^om his land book.

^ § 35. When the commissioner shall ascertain that there is Patented land
any patented land in bis district which has not before been en-
terea on his book, or, after being entered, has, from any cause,
been omitted for one or more years, he shall make an entry
tiiereof, and of the name oi the owner, and if there be no re-
aneflnnent of the value thereof, he shall proceed to make such
Msesonent, to the best of his judgment, by reference to the



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54



ACTS OF ASSEMBLY.



Penally



Exceptions



assessed value of contiguous lands simUarly situated, an.d shall
charge on the land which he so enters, taxes at the rate im-
posed by law for each year in which the land was not before
entered in such book, from the year eighteen hundred and
thirty-tWo, inclusive, if the patent emanated before that time ;
and if it did not, then from the date of the patent, together
with the lawful ipterest on each year's tax. Any commissioner
failing to make any such entry and assessment, shall forfeit
twenty dollars.

" § 36. The preceding section shall not, however, be con-
strued to subject a bona fide purchaser of such land to the
arrears of sai^ tax, except from the date of his title thereto.
Neither shall it be construed to release any lands west of the
Alleghany mountains, which have been forfeited, or which
may be liable to forfeiture, for not having been entered on the
land book and charged with taxes prior to the said year
eighteen hundred and thirty-two.



Roto old and new buildings assessed.



Old and new
buildines; how
asBoesed



When new
buildingn to be
assessed



Repairs or addi-
tions



When buUdings
become worth-
less



Abatement for
injury



Machinery in
mills; how
charged



'' ^ 87. The commissioner, before making out his land book,
shall assess the value of any building and enclosure, not there-
tofore assessed, whether old or new, found to be of the value
of one hundred dollars and upwards. The value thereof shall
be added to the value at which the land was before charged.

^' ^ 88. New buildings as aforesaid, shall not be assessed
until they be so far finished as to be fit for use ; but they shall
then be assessed, whether entirely finished or not, at the same
value as if they were finished upon the plan on which they
were designed.

*' ^ 89. Any building and enclosure as aforesaid, which may
have been increased in value to one hundred dollars or up-
wards, by repairs or additions thereto, shall be assessed in the
same manner as if they were new.

" ^ 40. When from natural decay or other cause, any build-
ing and enclosure as aforesaid, which may have been assessed,
shall be either wholly destroyed or reduced in value below
one hundred dollars, the commissioner shall deduct from the
charge against the owner the value at which such buildings
and enclosure may have been assessed, and if the value of the
buildinffs has been impaired by violence, to an extent of one
hundred dollars or upwards, the commissioner shall assess the
said buildings in their present condition, and reduce the charge
for the building^ in their present condition to the amount so
assessed.



Mow machinery in manufactwing and other mills charged.

" § 41. The commissioner, in assessing the value of ma-
chinery and other fixtures to real estate in manufacturing or
other similar establishments, shall ascertain the value of all
such machinery and fixtures attached thereto, and include the
aggregate value thereof as improvements on real estate, in
the same manner and to the same effect as in the case of



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ACTS^G^ ASSEMB^T. 55

Bajldiogs and enclosures added to real estate, under the pro*

fiflioDs of this act : provided, however, that if the machinery Machinery uaed

aforesaid shall be used in the business of mining or manufac- ^ n^oK* *«•

tnrinf^ according to the twenty-ninth section o? this act, the

macbmerj so used shall be assessed and taxed as the property

of tbe person owning the mineral title. Fot- any failure on Penalty

the part of the commissioner to comply with this or any of

the four next preceding sections, he shall forfeit fifty doUars

for each failure.

^'^42. All acts and parts of acts inconsistent with this act Repeal of in-
ire hereby repealed. consistent acts

" ^ 43. This act shall be in force from its passage." Commence-



Chip. 46. — ^An ACT to Provide for a General Registration of Voters.
Approved April 12, 1870.

1. Be it enacted by the general assembly, That the judge one registrar for
of the county and hustings court of each county, city, and SS^^^votfev
town of this commonwealth, immediately after the first elec- P^^2J;jJf*|^ lists
tion and qualification of the said judges under the constitu- ^ontyc^^^
tioD, and every second year thereafter, counting from January, *°8" J° ^
^hteen hundred and seventy, at the January term of their
respective coorts, shall appoint a registrar for each township, ,

wird, and voting place of their respective counties, cities, and
towns, who bImS be a discreet citizen, and resident of the List of voters
township or ward to which appointed:, provided, that t)^^- Jj** ^« ^*«^
commissioners to divide the counties into townships, shal^^^rs ^Son ^'^^
point the said registrars in each county in the oommonvfoe the
immediately upon the said division of their respectyistrar to
ties, in case tne jud^e of such county shall not . jhed before
been elected and qualified; and the registrars so f
Slid commissioners, shall continue to dischar^ place of resi- Wh
onder this act until registrars shall be appointnall be lawful for ^«redv^^
by the judge of the county or hustings cou>f the registrar of S^""'
ever, that for every ward containing over "jn a township ward
the said judge or commissioners shall ;iiat he was duly rer ^
for every thousand voters, and one forjjs removal been er '
a thousand above five hundred, and /oting district, whir' '
many voting places in each ward ai to register, and f' seventh $ 7of registra-

2. Each registrar, «o appointe<!iitered upon the r » 8^°®^*! amended
provided, shall register all male voting place to r*ghteen hun-
who shall apply to be registerr j as to read as

of twenty-one years, at the <il occur in the off
registratioD, and who are ciastings court shal'* fourjbh Tuesday % 7
4baD have resided in the , and if, from any fiter the names of
county, city or town in idefaarge the dutif ict,*not previously
months next preceding irer to appoint on **^<5e with the pro-
to vote : provided, that be registered, com-

of the United States a. of each day, and shall

resident of the state by



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56 ACXS OF ASSEMQiLT.

and provided) also, that idiots and lunatics, persons convictedf
of bribery in any election, embezzlement of public funds,,
treason or felony, and any person who, while a citizen ot thi»
state, has, since the adoption of the present constitution,,
fought a duel with a deadly weapon, sent or accepted a chal-
lenge to fight a duel with a deadly weapon, either within or
beyond the boundaries of this state, or knowingly conveyed
the challenge, or assisted, in any manner, in fighting a duel,
Lost natnraiixa- shall not be registered as voters : and provided further, that
tion papers jj^ ^.j^ event that any person ddming to be a naturalized citi-
zen of the United States shall not be able to establish the date
of his papers, or the court in which they were issued, by
reason of his having lost the same, or for any other cause,,
then his oath or affirmation to thQ &ct that he has been duly
naturalized, shall be accepted} and shall entitle him to register,
s^^drauon 8. The Secretary of tne commonwealth shall cause to be-
pared and^£^pi'ep&i^ed Suitable books and blanks for the registration of
tribmed voters, and shall forward them to the clerks of the county and

hustings courts of the several counties, cities, and towns, to
be by them distributed to the re^strars of their respective
Howamnged townships, wards, and voting places. The books aforesaid
^ shall be so arranged as to admit of the alphabeticid classifica-

tion of those registered, and shall be ruled in parallel colunuis,.
in which shdl 1^ entered the jiumber, name of voter, the fact,
that he is sworn, his age, occupation, the place of residence at
AVhcn ncv time of registration, the length of time ot his residence in the
^esscS* *^ county, city, or town. If in a city, stating the name of the-
street and number of house in which he resides, provided
the same be numbered, the time of his residence in the state,
tpd if natundized, the date of his papers and the court by
iiepairs or addi- ***'\^ issucd, in casc thc.same can be ascertained. The list of
tioDs have > white and colored, shall be kept and arranged in sepa-

wards, Id^. ,

same manA9 any registrar shall register the name of any per-

wben buildings, **' ^ 40. W^, hc shall be satisfied of his qualification, as here-

hSS^™*' ^*''^*^' ingand enclo9iBd; and all persons applying for registration

^" shall be either ^ are registered, take and subscribe the oath

one hundred dollaionstitution, which is as follows:

charge against the \enmly swear (or affirm) that I am not dis-

Abatemcnt for and cnclosure may hixig the right of suffirage by the constitu-

injory bulldiugs has been impiention which assembled in the city of

hundred dollars or upwarday of December, eighteen hundred

said buildings in their presS. will support and defend the same

for the building^ in their prcirhich oath, so su]>scribed, shall

assessed. ^ preserved with the books or

Sow machinery in manufacturtthiB oath is understood to be

sixth day of July, eighteen
Machiner> in "^41. The Commissioner, in a*.

chai^ed*''^ . chinery and other fixtures to real ^wring upon the duties of
other similar establishments, shall asoie officer authorized by
such machinery and fixtures attached t:)ffice prescribed in the*
aggregate value thereof as improvei or afilrmation he shall
the same manner and to the samf of the county or hustings-



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ACTS OF ASSEHBLJ. 57



coon of his county or corporation. He shall receive a com- compensation
pensation of three dollars for each day«acttially employed, to
bejpaid out of the connty or corporation treasury.

0. No person who acts as regtstrar shall he eligihle to an RegiBtramotto
oflfee, to be filled by election by the people, at the next ^J^*^^^^ ^
election thereafter.

7. Each registrar shall annually, on the fourth Tuesday in when registra-
April, at his voting place, proceed to register the names of all and^mpietei^
die qoalified voters within his voting district, not previously
registered in his said district, in accordance with the provi-
fflons of this act, who shall apply to be registered, commencing
at samise and closing at sunset of each day, and shall complete
svdi registration within five days thereafter: provided, how-
ever, that at the first registration* under this act, seven days



shall be allowed to complete such registration. Fifteen da^ when iista

previous to any state, county, or township election, the regis- »™*^*®^

tnur shalT sit two days for the purpose of amending and cor-

reoting the list, at which time any qualified voter applying and

not previously registered, may be added. The registrars shall Notice of regis-

rive notice ot the time and place of all registrations, for at ^^^^^

mat ten days before each sitting, by posting written or printed

notices thereof at five or more public places in their town-

sUpSy wards, and election districts. It shall be the duty of the ^^P^^ of iitta

r^^istrars, ^thin ten days "after the completion of any general ^uio^T^^

registration of voters under this act, to have posted at three

or more public places in their townships, wards, and election

districts, vnritten or printed lists of all persons admitted by

them to registration.

8. Be it further enacted. That the clerk of the county court Litt of ▼otew
and hustings court shall, at each registration after the first, de- Ii^^ uiue^
liver to each registrar in hi^ county or city a list of ^all voters ^^on

who h«ve died or who have been convicted of felony since the
last registration, and it shall be the duty of the registrar to
correct his list in accordance with the list thus furnished before
prooeeding with the registration.

9. Whenever a registered voter changes his place of resi- when rer
dence from one voting district to another, it shall be lawful for ^^<-^'
him to apply for, and it shall be the duty of the registrar of re

his former voting district, whether it %e in a townsmp, ward,

or voting place, to furnish a certificate that he was duly repr '

tered, and that his name has, since his removal, been er '

from the registration books of said voting district, whir>' '

be sufficient evidence to entitle him to register, and ♦' seventh J,J^^^'f«^^

of every such persou shall be entered upon the r • * general amended

book of the township, ward, or voting place to rghteen hun-

removed. j as to read as .

10. When any vacancy shall occur in the of^

the judge of the county or hustings court shal' fourth Tuesday $ 7
at any Ume to fill the same, and if, from any «ter the names of
tnur shall be unable to discharge the dutie iOt,«not previously
odd judge shall have power to appoint on -^nce with the pro-
itead. ^e registered, com-

g of each day, and shall



Digitized byG00gle^^^.^,^-H



58



ACTS OF ASBSHBLT.



When oornmon-
wealth^t attor-
ney may act in
place of the
Judge



Appeal from
registrar



Challenges



Statement.to be
transmiited to
judge



How appeal
heard



Be^stratlon
books delivered
to commissioner
of elections
Where
deposited



bccv
less



-,ac6n-
'*he



Abatement for
injury



Machinery in
mills; how
charged •



11. If, after the first appointment of registrars, there be no
county or hustings ji^ge; or from any cause it be improper
for him to make the appointment of registrars, or hear and
determine the causes of app^ provided for in this act, all the
powers and duties herein conferred on said jadge shall be dis-
charged by the commonwealth's attorney for such county, city
or town.

12. If any person shall offer to register and. shall be re-
jected by the registrar, he may take an appeal to the judge of
the county or hustings court of his county, city, or town, in
term time or vacation ; and any elector ma^ challenge the
right of any' person offering to register, and if the registrar
shall allow sucn challenged person to register, the said elector
may appeal, in like manner, to said judge. And it shall be
the duty of the registrar, on application of any person so de-
siring an appeal, to transmit to the judge of the. said court
having jurisdiction over the said voting place, a written state-
ment of the ground relied on by the appellant, and the reasons
relied on by the registrar for his action.

It shall be the duty of said judge to hear evidence offered
by the said appellant and appellee ; but in case the appeal is
by an elector, contesting the right of any person so register-
ing, such person shall have reasonable notice of the time and
place of hearing said appeal ; and the said judge shall, at least
five days previous to any election, transmit to the registrar
from whose action such appeal was taken, his decision, which
shall be entered by the registrar on his registration books. In
any case of appeal under this section, the court may give or
re&se costs as to it mav seem rieht.

The registrar, at eacn place of voting, shall deliver to the
commissioner of election his registration book previous to any
election to* be held at said voting place ; and after each elec-
tion, the commissioners of election shall deposit the registra-
tion books with the clerk of the respective townships for safe
keeping; and the said registration books shall, at all times, be
open to inspection.

18. Every registrar shall preserve order at and in the

vicinity of the place of segistratjon ; and to enable him to do

so, he shall be clothed y/kth all the powers of a conservator of

aie peace whilst engaged in the discharge of his duties.

biJk4« Any registrar who shall wilfully or maliciously reject

hundi^egistration, or corruptly register any person contrary

said bulTPvisions of this act, shall oe deemed guilty of a mis-

for the bui^nd, on conviction thereof, shall be fined not less

assessed. ' more than one hundred dollars, and shall be con-

^ county or city jail not less than three nor

Raw fna^^hHye months; but no registrar shall be. held

or of judgment in the discharge of his duties.

" ^ 41. The CO' or other person who shall illegally change,
chinery and other'^.stroy any books or lists of registration,
other similar estshUj of a misdemeanor, and on conviction
such machinery and iipd pay a fine of not less than fifty nor
aggregate value there*
the same manner and



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ACTS OF ASSEMBLY. 5^



more than five hundred dollars, and shall be imprisoned in
jail not less than three nor more than twelve montns.

16. Any person who shall wilfully, knowingly, or corruptly Faiae swearing
fiwear falsely in any matter connected with registration, snail

be deemed to be guilty of perjury, and shall be confined in
jail one year, and be fined not exceeding one thousand dollars ;
and in any prosecution for siy earing falsely, in taking the oath
of a voter, prescribed in this act, the certificate of the regis-
trar before whom such oath was taken, shall be prima facie
evidence of the taking such oath.

17. The common council or board of trustees of each city voUngpiaceBin
or town having more than five thousand inhabitants, shall o/towna^^hlw
appoint for each ward as many voting precincts as they may appointed
deem necessary, and shall prescribe and cause to .be published

the boundaries of such precincts, and no voter shall cast his
ballot save at the voting j)lace of the pipecinct wherein he
live&

The council or board of trustees shall cause to be made, separate usu in
under the superintendence of the registrar or registrars for ^^^ ^*^
each ward, a separate list of all the voters in each precinct of
said ward, which list shall be made in a book, such as is pro-
vided in the third section oi this act, and shall contain the what they ehau
particulars therein prescribed, and the said list shall be de- ^^°^°
Uvered to the commissioner or commissioners of election in
such precinct before any election to be held at said precinct.

And the said common councils or boards of trustees shall when council

' m ... ... •ii or trasteeB shall

appoint registrars m their respective cities or towns m all appoint regis-
cases in which no appointments shall have been made, be- ^^"
cause of the failure of the judge to qualify.

18. All acts repugnant to or inconsistent with this act, are inconsistent
hereby repealed. • . acts repealed

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



CBiJ». 47. — An ACT to Amend and Re-enact Section Seven of the act
approved April 12tb, 1S70, entitled an act to Provide for a General
£gistration of Voters.

Approved April IS, 1870. '

1. Be it enacted by the general assembly. That the seventh » 7 of registra-
seetion of the act entitled an act to provide for a general amended
registration of voters, approved April twelfth, eighteen hun-
dred and seventy, be amended and re-enacted so as to read as
follows :

^ ^ 7. £ach registrar shall, annually, on the fourth Tuesday $ 7
in April, at his voting place, proceed to register the names of
all the qualified voters within his voting district,*not previously
registered in his said district, in accordance with the pro-
visioDS of this act, who shall apply to be registered, com-



Online LibraryVirginiaActs of the General Assembly of the State of Virginia: passed at the session ... → online text (page 7 of 84)