DUKE 
 
 UNIVERSITY 
 
 LIBRARY 
 
 Treasure %oom 
 
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 zutn 
 
 I 
 
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ACTS 
 
 OF THE 
 
 GENEEAL ASSEMBLY 
 
 OF TIIE 
 
 STATE OF VIEGINIA, 
 
 PASSED IN 1861, 
 
 IN Till". 
 
 EHillTY-FIFTH YEAR OF TIIE OiMMnX WEALTH. 
 
 RICHMOND: 
 
 WILLIAM f, I.I :< HIT. PUBLK T I : I N I I K. 
 
 L861. 
 

 PUBLIC OR GENERAL ACTS. 
 
 \ 
 
 Chap. 1. — An ACT imposing Taxes for the Support of Government. 
 Passed Ar>ril 3, 1861. 
 
 1. Bo it enacted by the general assembly, tliat the taxes on the 
 persons and subjects in this chapter mentioned, or required by law 
 to be listed or assessed, shall be yearly as follows : 
 
 Taxes on lands and lots. 
 
 On tracts of lands and lots, with the improvements thereon, not Tax on land 
 exempt from taxation, forty cents on every hundred dollars value 
 thereof: and herein shall be included all tracts of lands and lots, Whet Included 
 with improvements thereon, not otherwise taxed or exempt from tax- t '" r ' ,n 
 atiun. of incorporated joint stock companies, sayings institutions and 
 insurance companies. 
 
 On personal property. 
 
 2. On all the personal property (excepting provisions and wool of Onpenonalpra- 
 last year's clip, but this section shall not be so construed as to ex- ' 
 
 elude from taxation any provisions purchased for sale by the holder 
 thereof), moneys and credits, as defined in this section, including all 
 capital, personal property and moneys of incorporated join! stock 
 companies (other than rail road, canal or turnpike companies), and 
 all capital invested* used or employed in any manufacturing, trade 
 or other husiness. forty cents on every hundred dollars value thereof. 
 But slaves and property Otherwise taxed, and property from which What Included 
 
 anyinoome bo taxed is derived, or on the capital invested in any, 
 
 trade or business, in respect to which a license so taxed U issued, 
 
 certificates of stuck, moneys and personal property that constitute 
 pari of tlie capital of any bank, savings institutions and inaurai 
 companies, whether incorporated by this or any other state, which 
 haw declared dividends within one year preoeding the Brsl daj of 
 February, of as much ai six pa cent, profits, shall art be taxed 
 
 under the provisions of this section. The word " moneys" shall be 
 Construed BO include not only gold, silver and ( opp r coins, but bul- 
 lion and bank notes. The word "credits" shall be construed BO 
 mean all bank, state or corporation ifa I I r demands OK 
 
 or coming to any person, whetnei due or not. and whether payable 
 
 in money or other thin;;, kfooeyi and credit- owned by any reattfSjfl 
 
4 
 
 bin <>r without 
 
 ion. 
 
 laVC who 
 
 tyh vy 111 
 
 i<h infirmity <t n<. I. one dollar :iu<l tw.nty < 
 
 charter from taxation, shall 1 
 nption from taxation of 
 ;i..u of tl ition, "T by any la* cxemptin 
 
 ! companies, upon tl 
 
 -in freight and 
 
 . 
 
 l.i >m ■ \ cry male (V of twenty- 
 
 hall hereafter ft "r 
 
 colli icb male I of the «itli of April 
 
 iixation board. 
 
 . 
 
 S On i ■ ry \siiit«- male inhabitant who hai attained the 
 
 not exempted from taxation by ordk r of oonrt in 
 -lily infirmity, • 
 
 1 On the interest .>r profit which mayhavi 
 
 i • i i i I. .i 
 
 t, or wliii-h may have I" en received by an] person, ">r converted 
 
 into prinoipal to a> i" become an interest-bearing Bnbject, or other*- 
 
 appropriated, within the year n< . 1 1 ir the first di 
 
 rom liuiuls and certificates ol debt 
 
 of this or any oth or an] corporation oreated by 
 
 tin- whether the i< h company I 
 
 empt from taxation or not, six and two-thirds per oentmn. Bnl snob 
 
 inten si • -.r profits derived from bank stools or *h i nt-t i- 
 
 tm • ■ insuraaoe companies which pay taxes thereon into the 
 
 treasury, shall Dot be included herein, nnli ted or otherwise 
 
 appropriated, and if so invested <>r otherwise appropriated, the tax 
 
 then shall beat the rate of fort] oents npon evory hundred dol- 
 
 value thereof, [f no ii lD lia\.' been received within 
 
 tin- \. mi- preoeding the iit>t day of February, then the value of 1 1n- 
 
 principal of -in-li Imiids chall I ;. -■ ■-. d and taxed an other propi rly. 
 
 (>n bank dividends, 
 
 Bwix dividend i 7. < >u the dividends declared by any bank incorporated by this 
 state the tax dial] be six and two-thirds pet oentum npon the 
 
TAXES. "> 
 
 amount. thereof, to l>e paid into the treasury by the bank. Tf the 
 dividend be that of a bank incorporated elsewher shall be 
 
 sixand two-thirdi per centum upon the amonnl thereof, to be as- 
 i and collected as other ta 
 
 On dividi nda of savings institutions and. insurance companies. 
 
 8. On the dividends declared within the year preceding the first On dividends of 
 day of February, if the same be equal to or over six per centum o i r aSce 
 
 its capital, by Bavings institutions and insurance companit . to be 1 
 paid by Buch institutions and companies into the treasury respec- 
 tively, Bis and two-thirds per centum; but if Bach dividend be nol 
 equal to bu pi r centum <if fik-Ii oa] ipital Bhall l>e list d and 
 
 th< r properly. 
 
 lividends of companies m ■' by this state. 
 
 '.'. On dividends of rail road, steam boat, telegraph or other like d 
 companies, nol incorporated by this Btate, the lax shall be sis and'; 
 two-thirds per centum, to be listed and charged to the recipient 
 such dividends. If smli dividend lie nol equal i" six per centum of 
 such capital, its capital shall be listed and taxed as oilier property. 
 
 On income. 
 
 10. On the income, salary or fees r eived during the year ending moor 
 the fir>t day of February of each year, in consideration of the i 
 
 charge of any office or employment in the service of the Btate, or in 
 leration of the discharge of any office or employment in the 
 e of any corporation, or in th of any company, fin 
 
 i that of a minister of the gospel, i 
 one per centum upon so much then hundred dol- 
 
 nndi r this section 1 \ ofl. 
 
 government receiving the same out of th< . Bhall be dedu< I 
 
 at thi ble "n the annual galarj mount di 
 
 from the t the time the salary paid; and i 
 
 or other ii I by the 
 
 oomn 
 
 11. ( or annual value of toll 1 
 other tlian those toll brid 
 
 turn. 
 
 by d< 
 
i \\i B. 
 tli'- ii-'- "f tin- father, mottu r. husband, wife, brother, Bister, nephew. 
 
 nice- or Uni :il '! 101 mlaiit of BUCfa <li t > -il<-iii. there shall DO I tax of 
 
 two per centum nf nob estate. 
 
 / ' rnal improvement < • 
 
 IUil road and 13. Every rail read company nr canal company .-liall hereafter 
 
 report quarterly, on the fifteenth day of March, June, September 
 and December in each year, t<> tin- auditor of pnbl to, the 
 
 • number of | transported and the a number "f 
 
 mil. I by them within this commonwealth, and the . 
 
 amount received by such company for th<- transportation of freight 
 over such road or canal, or any part thereof, or water or other im- 
 provement owned or connected therewith, daring the quarter of the 
 : next preceding the first day of the month in which Buoh report 
 Snob company, whose road or canal i- only in part within 
 the commonwealth, shall report as aforesaid such portion only of 
 such amount received for transportation of freight, as the part of the 
 said road or canal which is within this commonwealth, bears t" the 
 whole of Mn-h mad nr canal, [f the profits of Mich road or canal 
 consist in whole or in part of tolls, the L. r i"-~ amount thereof shall, 
 fur the purposes of this act, 1"- construed i" be a part of the gross 
 amount received for the transportation of freight. 
 
 i i. such statement shall l"- verified by the oaths of the president 
 and the superintendent of transportation, <>r >>ilu-r proper offioer. 
 Every company failing to make such report, shall be lined five hun- 
 dred dollars; and any company having a subordinate board, or any 
 board managing any pari of its winks, may. bj its by-laws, create 
 and enforce such penalties as will secure proper reports of such com- 
 , . A i the time of making such report, the company shall pay 
 into the treasury, for every passenger transported, a tax at the rate 
 of one mill for even mile of transportation of each of Buoh passen- 
 
 i ■-. and a tax of one-half of one per centum of snob gross amount 
 received fur the transportation <>f freight and tolls. Every buod 
 company paying bucu taxes, shall nut be assessed with any tax on 
 its lands, buildings, cars, boats or ether property (other than slaves), 
 which they are authorized by law to hold or have. But if an] b 
 company fail to pay such taxes at either of the terms specified there- 
 for, then it- land-, buildings, cars, heals ami other property shall be 
 immediately ac eased under the direction of the auditor of pnblio 
 ■ uni-. h\ any person appointed by him for the purpose, at its full 
 value, and a tax shall at onoa be levied thereon, as on real estate 
 and other property, at ton cents on every hundred dollars value, mi 
 account of each quarterly default, to be collected by any sheriff 
 
 w li'iiu the auditor may direct : and such sheriff shall distrain and sell 
 
 any personal property <>f such company, and pay such taxes into the 
 treasury within three months from the time when such assessment is 
 furnished to him. 
 
TAXES. 
 
 Express companies. 
 
 15. Every express company, in addition to the license tax on such ExpreRR eompa- 
 QOmpany, on any express business, shall make a return to tlie audi- makeaeml?' 
 tor of public accounts, on the fifteenth day of June and December t^uStoro?" 
 in each year, of the total receipts of such company, on account of recc 'P t8 
 its operations within the state of Virginia, within the six months 
 preceding the first day of dime, and December in each year. Such Returns tobeon 
 returns shall be verified by the oaths of the agent and chief officers 
 of such company, at its principal office or offices in the state, in the 
 manner and according to the forma prescribed by the said auditor, 
 Whether collected within or without the state. Such express com- Tax on receipts 
 pany shall pay on the total receipts so reported, a tax of one-half 
 of one per centum, except for the transportation of bank notes for Kxception 
 brokers and non-residents, for which the tax shall be one-fourth of 
 one per cent, upon the amount of bank notes transported ; and for penalty for fail 
 failure to make such report or pay such tax, a penalty of six hundred report P8y °' 
 dollars shall be imposed on the company so failing, to be recovered 
 as other penalties are : provided, however, that no express company, 
 through any of its agents, shall transact any business appertaining 
 to the business of a broker, unless it be for the commonwealth. 
 Such principal officer shall require from the several agents employed 
 by such company a report of their transactions on oath, which report, 
 so sworn to, shall accompany the report of the chief officer to the 
 auditor of public accounts. 
 
 On suits. 
 
 lii. When any original suit, ejectment, attachment (other than an Original suit * 
 attachment sued out under the provisions of the eleventh section of 
 chapter one hundred and eighty-eight of the Code), or other action 
 is commenced in a circuit, county or corporation court, there shall 
 be a tax of one dollar; if it be an appeal, writ of error or superse* App<:. 
 detd in a circuit curt, there shall be a tax of two <lc.ll.irs : if it he 
 an appeal) writ of error or SUpi rsedeaa in a district court, three dol- 
 lars and fifty cent.-: ami if in a court of appeals, five dollai 
 
 On .<<-<//.<;. 
 
 17. When the seal of a court, of a notary public, or the seal ofsaaiaof worn, 
 
 ,, , ■ , . , . ', .1, 
 
 the state is anni \< <\ to an] pap< r, exc< pi m those ■ ipto >\ by i 
 
 law. the taxes shall be as followi i Poi the seal of the state, two dol- ' 
 
 for any other seal, one dollar and fifty i 
 
 profe its oi bills or net.-, for the paj ment <>f a smaller sum than fifty 
 
 dollars, die tax shaD be fifty cents; and herein shall be included a 
 
 '<>]] anm \. d to I pap r in li< u <>f an official sell. 
 
TAXES. 
 
 < ' .ills and administer 
 
 18. On the proba^ of every wifl or grant of adminiBtration, there 
 
 shall be a tax of one dollar. 
 
 Deeds. 
 
 Deedn and con- 
 tractu 
 
 19. On every deed admitted to record, whether the same he 
 recorded befon or not, and <>m every contraol relating t<» real estate. 
 whether it be a deed or not, which is admitted to record, there shall 
 be a tax of one dollar. 
 
 Bank corpora- 
 tions 
 
 I on hank corpora: 
 
 2<). On every law incorporating or chartering <>r rechartering any 
 hank with a capital not < xoeeding two hundred thousand dollars, the 
 hum of fifty dollars; with a capital of over two hundred thousand 
 dollars, and not exceeding four hundred thousand dollars, one hun- 
 dred dollars: with a capital <•!' over four hundred thousand dollars, 
 and not exceeding six hundred thousand dollars, one hundred and 
 fifty dollars; with a capital of over ux hundred thousand dollars. 
 and not exceeding eight hundred thousand dollar-, two hundred dol- 
 lars; and with a capital of OVer eight hundred thousand dollars, two 
 hundred and fifty dollars. 
 
 Manufacturing 
 
 ,,ic-« 
 
 Taxes on manufacturing companies. 
 
 21. On every law incorporating or rechartering any oil. iron, coal 
 or manufacturing company, passed at the present session of the 
 general assembly, if the maximum capital is one hundred thousand 
 dollars or less, fifty dollars each: and if it exceed that amount, one 
 hundred dollars; and on every law hereafter passed, incorporating OT 
 rechartering any oil. iron, coal or manufacturing company, the sum 
 of one-tenth of one per cent, on the maximum capital of such com- 
 pany. 
 
 Tar, I ami nihcr companies. 
 
 at and 22. On every law for the incorporation of any canal, rail road, 
 
 otuer companlea . ,. . , . , . -, . 
 
 insurance, gas light, express or telegraph company, passed at the 
 present session of the genera] assembly, if the maximum capital is 
 one hundred thousand dollars or I i, fifty dollars each; and if it ex- 
 ceed that amount, one hundred dollars: and on every law hereafter 
 passed lor the incorporation of any canal, rail road, insurance, gas 
 light, expre or telegraph company, the sum of one-tenth of one per 
 Virginia canal cent, on lie' maximum capital of such company: provided, that the 
 empted 7 * tax imposed by this section shall not apply to the Virginia canal 
 
 company. 
 
TAXES. ! ' 
 
 23. On everv law chartering, renewing or extending the chart* i im«ta- 
 of any savings institution, passed al the present session ol the gene- 
 ral assembly, if the maximum capital is one hundred thousand dol- 
 lars or loss, fifty dollars each; and if it exceed thai amount, one 
 
 hundred dollars: and on every law chartering, renewing or extending 
 the charter of any savings institution, hereafter passed, the sum of 
 one-twentieth of one per cent, on the maximum capital of such in- 
 stitution. 
 
 24. On everv law chartering, renewing or extending the charter of Private corpora 
 any private corporation, other than those herein before mentioned, Exception! 
 and other than acts for the incorporation of a college, academy, 
 seminary of learning, or literary or charitable institution or cemetery, 
 
 passed at the present session of bhe general assembly, if the maxi- 
 mum capital is one hundred thousand dollars or less, fifty dollars 
 each: and if it exceed that amount, one hundred dollars: and on 
 ev< ry law hereafter passed chartering, renewing or extending the 
 charter of any private corporation, other than those herein before 
 mentioned, and other than acts for the incorporation of a college, 
 academy, seminary of learning, or literary or charitable institution, 
 or cemetery, the sum of one-tenth of one per cent, on the maximum 
 capital of such corporation. 
 
 On Licenses. 
 Ordinate , 
 
 25. The taxes on license's shall be as follows : 
 
 On a license to keep an ordinary or house of public entertainment, ordinari 
 
 ' , ,-ii i c public itit.rtain- 
 
 forty dollars; and if the yearly value of such house and furniture, 
 
 whether rented or kepi by the proprietor, exceed one hundred dollars 
 
 and is less than two hundred dollars, the tax shall be fifty dollt 
 
 and if the yearly value thereof exceed two hundred dollars, there 
 
 shall be .'"hied to the las! mentioned sum fifteen per cent, on so much 
 
 thereof! two hundred dollars ; and if the license gran ;-n;iitax 
 
 , , - for 
 
 privilege of retailing ardent Bpinl ale or beer, to he drank ■ 
 
 here than at such ordinary, there shall be added to said lie 
 
 a tax of fifty dollars in addition to the amount otherwise imposed ; 
 and if the busine i he continued, there shall also he a tax of one p< r 
 centum upon the amount of such sale-- for the preceding year, in ad- 
 dition to i tax. 
 
 /' ,/fr entertainments. 
 
 36. On a licence to h< BO a house of private entertainment or 
 
 i i "^ 
 
 private boarding any other house not private, but kept tor bowdiaf kmM 
 
 public resort for any purpose, live dollan : and if the yearly value of 
 
 such house and furnitan fifty dollars, and U le« thai 
 
10 TAXES. 
 
 hundred dollars, the tax shall be ten dollars. Tf the yearly value 
 thereof exceed one hundred dollars, there shall be added to the last 
 He ntioned sum ten per cent, on bo much thereof aa ex< eeds one hun- 
 dred dollars. Bui no house shall be deemed a private boarding house 
 with Less than five boarders. 
 
 Cool- shops and tailing nouses. 
 
 Cook shops and 27. On every license t(» keep a OOOk shop OT eating hOUSO, fifteen 
 ng oaaaa ^Qliajjg. am i i ! | addition thereto, fifteen per cent, on so much of the 
 yearly value thereof as exceeds one hundred dollars. 
 
 Bowling alleys. 
 
 Bowling alleys 28. I »n every license permitting a bowling alley or saloon to he 
 kept for a year, fifty dollars; hut if there is more than one such alley 
 kept in any one room, fifteen dollars each shall he charged for the 
 excess over one. 
 
 Billiard tables. 
 
 uiiiiar.i labka 29. On every license permitting a billiard tahle to be kept for a 
 year, one hundred dollars; hut if there is more than one such table 
 kept in any one room, fifty dollars each shall be charged for the ex- 
 cess over one table. 
 
 Billiard tables and bowling alleys; limitation and rate of license 
 
 tax. 
 
 Billiard tables 30. If such billiard table, bowling alley or saloon, be not kept 
 alleya notkepl open more than four months in any one year, the taxes thereon shall 
 ttoZJSS™ ""b' be One-haif of these rates, but the "license granted shall, at the 
 
 time of granting the same, be for a period of four months, or for a 
 
 period of twelve months. 
 
 Bagatelle tables. 
 
 Bagatelle tables 31. On every license permitting a bagatelle, or other like table to 
 be kept for one year or any less time, twenty dollars for the first, and 
 if more than one, ten dollars for the second, and five dollars for each 
 additional table kept in the same house. 
 
 Livery stables. 
 
 i.ivery stables 32. On every license to a keeper of a livery stable, one dollar for 
 each stall thereof; and herein shall be included as stalls, such space 
 as may lie necessary for a horse to stand, and in which a horse is 
 or may be kept at livery otherwise than for the purpose of feeding 
 horses by one day only, and no exemption from this license shall be 
 allowed to any person in consequence of such person being licensed 
 to keep an ordinary or house of private entertainment, if any horses 
 
TAXES. 11 
 
 be kept, fed or hired for compensation by the proprietor thereof, ex- 
 cept that no tax shall be required on such stalls as are kept exclu- 
 sively and used for horses belonging to travelers or guests stopping 
 at such house. 
 
 Distilleries. 
 
 33. On every license to the proprietor of a distillery, if a beginner, Distilleries 
 the tax shall be twenty dollars; and if said distillery is to be kept in 
 operation as much as four months in the year, the tax shall be thirty 
 dollars; if for six months, forty dollars; if for nine months, sixty 
 dollars; if for a longer time than nine months, one hundred dollars; 
 
 and if such distillery has been kept in operation as much as four 
 
 months in the year next preceding the time of obtaining such license 
 
 the proprietor thereof shall pay, in addition to the tax imposed on Additional tax 
 
 beginners, one per centum on the amount of sales of liquor so manu- on 
 
 factured at such distillery for the twelve months next preceding the 
 
 time of obtaining such license. No company or firm, whether en- When company 
 
 gaged in distilling grain or fruit produced by themselves or not, taxation 01 ' 
 
 owning a distillery, shall be exempt from taxation, unless the grain 
 
 Or fruit was the joint production of the company or firm owning the 
 
 distillery. If the distillery is engaged in distilling grain produced by "When exempt, 
 
 the owner thereof, or fruit, whether produced by the owner thereof or 
 
 not, and is not so engaged for more than four months, no tax shall 
 
 be imposed; but if so engaged, for more than four months, whether Exception 
 
 engaged in distilling fruit or grain produced by the owner or not, the 
 
 tax shall be assessed and collected as in this section provided. 
 
 Merchants. 
 
 34. On every license to a merchant or mercantile firm, where a Merchants 1 »p« 
 specific tax is to be paid, sixty dollars: but if the capital employed 
 
 and to be employed for the year, including as capital the cash so 
 used, whether borrowed or not, and goods purchased on credit by 
 said merchant or firm be shown by affidavit to be less than five hun- 
 dred dollars, the tax to be paid shall be ten dollars; but nothing con- 
 tained in this section shall be construed to authorize any such person 
 to sell wine, ardent spirits, or a mixture thereof; and when the tax When propor- 
 is in proportion to the Bales, if the taxable sales shall be under one 
 thousand dollars, the tax shall be twenty dollars; if one thousand 
 and under fifteen hundred dollars, twenty-four dollars: if fifteen 
 hundred dollars and under twenty-five hundred, thirly-two dollars; 
 if twenty-five hundred dollars and under five thousand dollars, forty- 
 
 eighl dollars; if five thousand dollars and under ten thousand dol- 
 lars, seventy-six dollars; if ten thousand and under fifteen thousand 
 dollars. Dinety-8ix dollars: if fifteen thousand dollars and under 
 twenty thousand dollars, one hundred and twelve dollars: if twenty 
 thousand dollars and under thirty thousand dollars, one hundred and 
 forty dollars; if thirty thousand dollars and under fifty thousand dol- 
 
L2 
 
 . 
 
 > hundred and eight dollars; and if over fifty thousand dot- 
 ten dollars for ever 
 ..f fifty thousand dollars. 
 
 l/» r, limit's j . ■ tpirits. 
 
 35. And in i very dase in which (he license to a merchanl or mer> 
 cantuG linn, includes permission to sell wine, ardent Bpinte or a mix- 
 ture tli< reof, porter, ale or beer, by wholesale and retail, or by retail 
 only, if snob merchant or firm (commencing business for th< 
 time) sell by wholesale ami retail, or by wholesale only, an :nl«li- 
 tkmal tax of one hundred dollars, and if* l>y retail only, forty dollars: 
 • and if such License be to a merchant or mercantile firm, to oontinue 
 the privi] i Iling wine, ardent spirits, or a mixture th< 
 
 porb r. ale or beer, if by wholesale, or by wholesale and retail, or by 
 retail only, the tax shall be one per centum on the amount of snob 
 sales for the year next preceding the tunc of obtaining said license, 
 in addition to the specific tax imposed on beginners; but Baid 
 shall not be estimated in ascertaining the amount of a merchant's 
 . 
 
 1/ ant i c ■"! otht r*. 
 
 otherti 36. Merchant tailors, lumber merchants, dealers in coal, ice or 
 
 riilliin . 
 
 wood, shall obtain licenses as merchants, and be i ssi Bed and taxed 
 thereon as other merchants are by the preceding sections of this act, 
 and shall be Bubject to like penalties for conducting Buch business 
 
 Without a merchai except that any captain or other ] 
 
 having the command or control of an] v< el, shall not be required 
 to take out a license to sell wood by retail from Buch v< 
 
 ( 'on 
 
 
 on every licet immiBsion merchant, forward- 
 
 merchant, tobacco auctioneer or Bhip broker, shall be forty dollars 
 each for commencing business; and if to continue such busine af- 
 ter the same ha b ■ a i arrii d on for a year, the tax on such lie 
 shall lie two per eeiitnin on the amount of commissions received; 
 
 and this la\ shall be in addition to such tax as may lie imposed OU a 
 
 license to such merchant or linn, to sell any goods, wares or mer- 
 chandise. All goods consigned to am Buofa commission merchant, 
 forwarding merchant or tobacco auctioneer, whether such goods be 
 cultural productions or other articles exempted in the hands of 
 the producer or owner from taxation, shall be included as subjects of 
 
 taxation under the pi i ion. 
 
 . I 
 
 Aurti..i I m every license to an auctioneer or vendue master commenc- 
 
 ing business, twenty-five dollars; and if the place of business he in 
 
taxes. i:; 
 
 ;i town containing a population of throe thousand inhabitants, thirty- 
 two dollars; if the population exceed three thousand, an additional 
 tax of fifteen dollars for every thousand persons above that number, 
 and at that rate for any fractional excess less than one thousand; but 
 said specific tax shall in no case exceed three hundred and fifty dol- 
 lars. On every license to an auctioneer who deals exclusively in real Real estate anc- 
 estate, two hundred and fifty dollars, and he shall have the right to 
 sell real estate at auction or others ise. < In every license to an auc- when charged a 
 tioneer or vendue master, in this section mentioned, to continue the] 
 bo inese after the same lias been carried on for a year, one-fourth of 
 one per centum on the amount of taxable sales of such auctioneer or 
 vendue master: provided, the tax to be paid by auctioneers for the 
 sales of molasses and sugar, Bhall in no case exceed live hundred dol- 
 lars for such sales; hut the tax on sales of other articles shall not be 
 affected by this provision. But no sale shall be made at any Other Where sale to be 
 place than the house named in the license as the place of busim 
 or at such other place as the person owning the property is autho- 
 rized to Bell the same: hut this prohibition shall not apply to cargo Exceptions 
 
 or the property of persons closing out business, for which they 
 have a license ; and no goods shall be consigned to such auctioneer when goods 
 for sale, unless the owner thereof has obtained a merchant's license ,'a to auctioneer 
 for a period a long as one whole year. "Taxable sales" in this sec- Taxable sales 
 tion shall be construed to embrace sales made by such auctioneer or 
 vendue master, whether such sales be public or private: provided, 
 thai such tax on private sales shall not apply to cases where the mer- 
 chant's tax is payable on said sal-. 
 
 • 
 I mon crier. 
 
 39. < >n every li< ense to a common crier, if in a town of more than common crier 
 one thousand inhabitants, ten dollars; but he shall not be authorized 
 toad as such in the gale of any property belonging to any person, 
 unless such owner is authorized to Bell such property without a license, 
 or has obtained a license to do 
 
 pit merchants. 
 
 |i>. On every license to sell goods by sample, card or other repre- Selling goods by 
 sentation, two hundred dollars. 
 
 11. «)n every license permitting an express company to operate exot«moo» 
 throughout the state, fifty doll p 
 
 / ' 
 
 42. < »n every license t" sell or barb r the right to manufacture "r ''••■■ »< ri e h, » 
 
 ' it- nml'T laws of 
 
 y machinery nr other thing patents <l to any person or company, i nlfc d .States 
 
 under the laws of the United S i dollars in < sofa canty : sad 
 
11 IAJ 
 
 DO merchant ihall BeD the same without an additional license ami the 
 
 payment of the tax prescribed bj this section. Tun patentees who 
 are eitixens of A" i r^-i i H :i shall not be Bubj< el to the tax impoeed by this 
 tfon. 
 
 Q 
 
 ojnakw 13. On every license t" sell patent, specific or quack medicines, it' 
 
 by retail, twenty-five dollar.-, and it' by wholesale, fifty dollars, a 
 jm rson having a merchant's license may sell any inch medioinee with- 
 ont ray additional license, nnless the same be sold on commission ; 
 in which case tin- addltiona] license'and tax BhaU be imposed. 
 
 /; 
 
 nuaad 11. On every license to a person obtaining subscriptions to hooks. 
 maps, prints, pamphlets, or periodicals, twenty-five dollars for each 
 
 county. < ha every license to sell, or in any manner furnish the same. 
 
 if tnnr. • id ■• •- twenty-five dollars. If the person obtaining such license has ool 
 been a resident of the state two years, the tax shall in cadi oase be 
 
 > taMiiingtwo hundred dollars. But any person who has been a resident of 
 the Mate for two years, desiring to distribute or sell any religions 
 books, newspapers, or pamphlets, may apply to the enmity or oprpo- 
 ration court of each county in which he may de-ire in distribute or 
 
 sell the same: and such court, upon being sati.-lied that BUCh per.-mi 
 is a proper person for such duty, may grant him a license, without 
 
 the imposition of any tax fox the privilege. 
 
 I 'ids for renting houses* 
 
 Renting houKcH •!.">. On < very licen.-e to B person engaged as agent lor the renting 
 Of houses, twenty-live dollars. 
 
 Agents for hiring negroes* 
 
 Hiring n.'groc-» 4G. On every license to a person engaged as agent for the hiring 
 of negroes, fifty dollars. 
 
 Stallions. 
 
 J sand 17. < hi every license to the owner of B jackass or stallion, for ser- 
 
 vices of which compensation is received, twice the amount of such 
 
 Compensation, when the charge is for such service hy the season; 
 and where .-uch services are for Less than a season, then twice what 
 
 a ooinmissioner may judge to be a reasonable charge therefor. The 
 tax. however, in no case to lie less than ten dollars. .Such license 
 shall authorise the performance id' such services in any part of the 
 
 commonwealth. 
 
 ■taUloni 
 
TAXES. 15 
 
 Theatrical performances. 
 
 48. On every license permitting theatrical performances in a pnl>- Theatres 
 lie theatre or elsewhere, Bis dollars each week of such performances, 
 notwithstanding the owner of the place of exhibition shall have paid 
 
 the license tax required on such theatre or rooms fitted for public ex- 
 hibitions. 
 
 Refreshments in theatres. 
 
 49. On every license permitting the sale of refreshments in a ■Kofrophmentg in 
 theatre during such performances, one hundred dollars for each place 
 
 of sale; and no abatement shall be made, if the privilege be exer- 
 cised for a period of less than one year. 
 
 Public rooms. 
 
 50. On every license permitting the proprietor or occupier of any Exhibition 
 public theatre or room fitted for public exhibitions, to use the same 
 
 for such purposes for a fear, twenty dollars, if such room be in a 
 town of less than five thousand inhabitants: forty dollars, if in a 
 town of more than five thousand,, and less than ten thousand inhabi- 
 tants; and sixty dollars in all other towns; but the land and house 
 in which such public shows are authorized, shall not be exempt from 
 taxation as other similar property. 
 
 Public shows, circuses or menageries. 
 
 51. On every license permitting any public show, exhibition or Shows 
 performance, other than the drama, whether in a licensed house or 
 
 not, if in a corporate town, or within five miles thereof, for each time 
 of performance, ton dollars; if elsewhere, five dollars ; and for every ObeosM 
 exhibition of a circus, if within a corporate town, or within five miles 
 (hereof, forty dollars; if elsewhere, twenty dollars; and for every Keuga 
 exhibition of a menagerie, if within a corporate town, -or five miles 
 thereof, forty dollars; if elsewhere, twenty dollars. All such shows, 
 exhibitions and performances, whether under the same cam as or not, 
 shall be construed to require separata licenses therefor, whether 
 bibited for compensation or nol ; and upon any such shows, exhibi- 
 tions and performances being concluded, so thai an additional fee for 
 admission be charged, in lieu of a return cheek authorizing the holdi r 
 to re-enter withoul charge, shall be construed to require an additional 
 then for. 
 
 ufactureu of porter, ale and I 
 
 On every license t<> manufacture porter, ale and beer, or Manufacture of 
 either, fifty dollars, when the value of tint e thousand doUan and up- 
 ward! il manufactured ; and for any leas amount, twenty dollars. 
 
16 
 
 . 
 
 Sale i ■ 
 
 BqmOTI 
 
 . ( 111 . v. tv license to « 11. bj retell, porter, ale and beer, twenty 
 dollar.-: and if the business be continued for more than one > < ar. an 
 additional tax of one p- i on atom <>n the amonnl of sales of the pre- 
 vious year. But if the lioenae be to retail to be drank where sold, it 
 s-IkiII be mntod opon tin- certificate <>i' the county or corporation 
 court, at tin- terms and in every reaped as certificates are granted tt> 
 
 ordinary keepers and merchants t<> retail anient spirit-. 
 
 ■ 
 
 54. On every license to a broker who deals exclusively in BtookB, 
 two hundred and fifty dollars; and he shall thereupon have the right 
 to sell the said stocks at auction or otherwise; and any person who 
 sells stocks on commission shall be regarded as a Btook broker under 
 this section. 
 
 Bank note brofo rs. 
 nou 55. On every license to a broker, seven hundred and fifty dollars. 
 
 broki n 
 
 /■ turanct companies. 
 
 Insurance com- 
 panies 
 
 56. On every license to an agent or sub-agent of any insuranoe 
 
 OOmpany nol chartered by this state, twenty-live dollars; and in ad- 
 dition thereto, a tax of one per cent, on the whole amount of pre- 
 miums received and assessments collected by such agent or sub-agent 
 or company, within the state, as prescribed by law. 
 
 Physicians and others. 
 
 l'hyM.-kmH.ticn- 57. On every license to a physician, Burgeon or demist, five dol- 
 lars each; and on every license to an attorney at law, five dollars. 
 It the yearly incume derived from the practice of any such callings 
 or professions during the year next preceding the time of obtaining 
 such license shall exceed five hundred dollars, there shall he an ad- 
 ditional tax on the excess of one per centum ; and this income shall 
 lie included in the license tax. A license In any such person shall 
 
 confer on him the privilege of practicing such profession in any part 
 of the commonwealth. 
 
 Dafrni-rreion 
 ■Mat! 
 
 Dagtu m tan artists. 
 
 58. On every license to the owner of a daguerreian or such like 
 gallen - , by what; never name it may be known or called, if in a city 
 or incorporated town of less than five thousand inhabitants, twenty 
 dollars; if more than five thousand inhabitants, forty dollars; if 
 
TAXES. 17 
 
 elsewhere, ton dollars. And if the yearly income derived from the 
 practice of said art exceed five hundred dollars in any county, city 
 or town, an additional tax of one per centum on such excess for the 
 year next preceding the time of obtaining such license : and such 
 tax shall be imposed, whether an artist perform in a gallery or not. 
 
 Horses, mules, asses and jennets brought into this state. 
 
 59. On every license to sell horses, mules, asses and jennets which Homos. mnir», 
 arc brought into this state for sale, ten dollars in each county : and tho stat" 6 
 the act making general regulations concerning Licenses shall bo so 
 
 far modified that the certificate for obtaining such licenses may de- 
 signate the county or corporation as the place of sale; and horses 
 so brought into the state. M often as they are sold, and the principal 
 object of the sale is for profit, although previously sold in this state, 
 shall subject the person so selling to the tax hereby imposed. 
 
 Horses, mules, fyc. sold for profit. 
 
 60. On every license to sell for others, on commission or for profit, Soiling on com- 
 horses, mules, asses, jennets, cattle, sheep and hogs, or either of mufcg, n &.c° r80 *' 
 them, twenty dollars; and the sale, may be made under such license 
 
 in any county or corporation. 
 
 Carriages, buggies and other vehicles. 
 
 61. On every license to sell carriages, buggies, barouches, gigs, Carriage* and 
 wagons, and such like vehicles, manufactured out of this state, fifty manuferfiSS 
 dollars in each county or corporation. If the business be continued out of ib ° hUU 
 after the same has been carried on for a year, the tax shall be on 
 
 the amount of sales, in addition to the specific tax, as on merchants' 
 licenses. Bui this section shall not be so construed as to exempt per- 
 sons from taxation who may put together the principal parts of such 
 vehicles as may be manufactured out of this state. 
 
 Slaves bought for profit. 
 
 62. On every license, to buy slaves on commission or for profit, ten K!.iv C « i.^npht 
 dollars in each county ; ami on tlie yearly income of Mich business" 1 
 
 in all the counties (to be taxed but once), an additional tax of ono 
 per rent mil on suofa income. 
 
 (icncral provisions. 
 
 Mi \'o private act of ass. mhly beroafler d< scribed and Utted, OiTfla yrtwss 
 shall be published, nor any copy thereof furnished to any pcrsi 1 aotfl 
 
 until the party asking anil requiring the MOM shall have paid into tax " paii 
 the treaiarj of the commonwealth the taxes prescribed by law; but 
 2 
 
is PAXBB. 
 
 all rids of ih. aboi 1 at tin' prest nt session 
 
 of tin- general assembly, may lie published as a part of tli«' laws, ami 
 eiu-li oompaniea may 1"- organised, ami tin* tax thereon shall 1>. 
 
 sinsl such corporations, oolleoted ami accounted for in tho 
 sum manner as lit oolleoted and aooonnted 
 
 for. 
 
 K«-prr or mil. 64. [I -hall bo the duty of the keeper of the rolls to publish, with 
 
 to palilinh li>: ,. , . -" , .. 111 
 
 acig-pnwM.il the actfl 01 : i — ■ 1 1 ? 1 > 1 _\ 01 cat h sosmoii, all acts upon which the tax 
 
 tax^hai boiti ^ ( p],, ,| ], v |. lu | i;i> |„. rll n;i j ( j ;,,,,, ,],,. treasurj since the lasl imb- 
 rication thereof. 
 
 <>immlitK|onrr 65. After the Bnt 'lay ■■! I'- hniary ami until tho Brsl <lay of .Inly 
 
 tetTwhaaaaj In each year, ami until the delivery of the oommisaioner'e books .to 
 
 'he sheriff or collector of any county, if the same he delivered after 
 
 abo " 1 the first day of July, it Bhall he lawful ami the duty of every oem- 
 
 Aonnly b • • • • 
 
 <k>IJ very of book? niissiollcr of the 1'cVi lllle to make out ticket> Bhowing the amount of 
 
 - which will he chargeable mi his hook-; when completed, against 
 any person whom he has reasonable ground to snspeol Is aboul to 
 depart from his county before the first day of .Inly or before the de- 
 livery of sai.l hook- to ii' or collector. Qpon the delivery 
 of such tickets the sheriff or collector -hall he authorized to make 
 immediate distress for the taxes therein specified, ami to use all tho 
 remedies for the collection of BUoh taxes as are now given, after tho 
 first day of July, upon the delivery of the commissioner's books. 
 
 Prohibited occn- 66. This act shall he construed to impose a tax on all occupations 
 potioiiH tuxc prohibited, unless the party exercising any thing so prohibited show 
 Kiei-puoru by his affidavit that his ease comes under some of the exceptions to 
 
 this act. or to tin 38th t hapti r of the Code (edition of I860), making 
 
 genera] regulations concerning licenses. 
 
 • »ron- (17. No license .hall be construed to grant any privilegi beyond 
 
 '" ,in,v ,i i- i -i ■ i i i •. i i_ 
 
 or ,.,. ri the county or corporation wherein it is granted, unless it be expressly 
 
 aiithori/.t d. 
 
 ueeuaatobeat 68. Every license granting authority to sell, unless the license bo 
 ,ptcl specially authorized by law for a county or corporation, shall be at 
 
 home Bpeoified house or place within : in h county or corporation. 
 
 ronm to ».< fur (i!>. Commissioners of the revenue shall furnish or cause to be fur- 
 
 ntohc(,tux ''• l>,r nislnd to every tax payer to he found within his county, the forms 
 
 pr< scribed by the. 65th section of chapter 35 of the Code. He shall 
 
 require answer.:, according to said section, and with his hooks, shall 
 
 transmit said forms to the auditor of public, accounts. 
 
 Ptibtic tif.niiB 70. In all cases where this act imposes a tax on any public bond, 
 
 or on any stock, in lieu of a tax on the interest or profits thereof, 
 the commissioner shall assess the cash market value of such bond or 
 stock. 
 
TAXES. 19 
 
 71. Any person continuing- business, after any license obtained by Penalty when 
 him shall have expired, without obtaining, on or before the day bis renewed. 
 former license so expired, a license for the succeeding term, snob per- 
 son shall be assessed with twice the amount of tax otherwise imposed 
 
 on such license. 
 
 72. If a commissioner shall, in his list of licenses to be furnished Amount under- 
 to the auditor of public accounts, charge or extend in any case a tax missioner to be 
 less than the law requires, the auditor of public, accounts shall deduct i!ii?" mi><4 r 8o!? 
 the amount omitted to be charged or extended, from the compensa- ,lon 
 
 tion of the commissioner; and to enable the auditor to make an ex- 
 amination of sueh lists, the commissioner shall return to him, with 
 his return of licenses, all interrogatories which may have been pro- 
 pounded by him, under the direction of the auditor of public ac- 
 counts, and answered. 
 
 73. Any subject of taxation required to be listed under the pro- Subjects not cpe- 
 visions of the thirty-fifth and thirty-eighth chapters of the Code, ami i',','wV>''b<-'t.-ixed 
 not specially taxed herein, shall he taxed as similar subjects; except 
 
 that the assessor's duties under the fifty-first section of chapter thir- 
 ty-live, shall be conformed to the ninth section of this act. 
 
 74. The value of lands and lots as ascertained by the assessment Value of lauda 
 made under the tenth chapter of the acts of eighteen hundred and ,T r 'l '-,',[ V-'"'! " 
 fifty-five and eighteen hundred and fifty-six. passed March tenth, "^n-Jd" 1 1 ° b * 
 eighteen hundred and fifty- six, under subsequent special acts, and 
 
 under the thirty-fifth chapter of the Code in respect to new grants, 
 shall lie permanent and not be changed, except under the provisions 
 of the said thirty-fifth chapter in case of a partition or conveyance; 
 and the auditor of public accounts, after the year eighteen hundred Wben auditor 
 and sixty-one, may so far change the form of the commissioners i",'a. hook^" 
 land book as to show in one column the value of lands and lots ex- 
 clusive of buildings. 
 
 7.".. Agricultural productions of this state in the lrahds of the pro- When a|Ticalto- 
 duoer, including pork and bacon, and in the hands of those who have gwdmu 
 purchased the same fur household provisions, and goods ami mate- J-,",',,', t'xaUon. 
 
 rials manufactured in this state, shall be exempt from taxation :1 l *' ,h " 
 
 property, while remaining in the hands of the product r or manufao- ta " 
 tnrer. and while such agricultural productions are held as household 
 provisions. Buofa productions and manufactured articles may also be 
 
 •Old by the producer or manufacturer without a license ta\ : hut 
 when once sold (with the exception named in this section), they shall 
 
 be subject to a tax as other property, and to a license when sold. 
 'I '.. ive effect to this section, chapter 1-t. entitled an net for the 
 men! . .f taxes on persons and property, passed March 30th, 
 i - ' and ehapti i 2d, i milled an act making general regulations con- 
 cerning 1 '». in cases where said chap- 
 
20 
 
 AiTKorum i 
 
 bt be otherwise con-trued, shall be construed according to 
 the provisions of this seotion : provided, that no person sbal] 1 
 quired t < > take out a lioense or pay any tax for the privilege til* buy- 
 ing l.i • neighbors' prodaoe to take out of the county in his own vessel 
 or other conveyance to market, or for Belling the same. 
 
 : 76. Merchant tailors and all other persona manufacturing any 
 
 production or material, the sale ol winch would be prohibited with- 
 
 OOl a license, shall only l'e charged so much tax on the sales as tlio 
 value of the materials sold would hoar to the whole value of the 
 
 manufactured articles, to he ascertained upon tin- oath of the person 
 
 as in otln r < ss 
 
 BowUerawtfl 77. A license to manufacture porter, ale and beer, or either of 
 
 roaimf , ,111 • • <■ .1 
 
 ratbem, may he granted by the commissioner ol the revenue, as in 
 
 other oases, without any previous certificate or order of the c urt; 
 but a license to sell the same, or any of them, shall he granted in 
 
 the same manner, and under the same certificates and restrictions as 
 are required and imposed for a license to sell ardent spirits. 
 
 What D 
 cniiH'Irn ,1 as 
 
 eommenotng 
 
 I 
 
 Part of Codo 
 rciic-alrd 
 
 78. No change in the name of any (inn of merchants, commission 
 merchants, sample merchants, merchant tailors, auctioneers, or any 
 other persons, who arc taxed upon the amount of • business or sales 
 
 of the preceding year, nor the taking into the firm of a new partner, 
 nor the withdrawal of one or more of the linn, shall he considered 
 as commencing, so as to allow, on that account, the payment only of 
 the specilic tax imposed by law for the privilege granted; hut if any 
 one of the parties remain in the linn either as a general or special 
 partner or otherwise in interest, to he ascertained upon the oath of 
 the party to whom the license is granted, the business shall be re- 
 garded as continuing. 
 
 7!). That chapter 40 of the Code, edition of IMiO, be and the 
 same ifl hereby repealed so far as the same is not herein beforo 
 re-enacted. 
 
 Commencement 80. This act 'shall bo in force, from its passage. 
 
 What nppro- 
 pna'.i'U 
 
 Chat. '?. — An ACT making Appropriationa for Deficiency in former Appro- 
 priations, and for defraying Expenses of the General Assembly and Con- 
 vention now in session. 
 
 PUMd A pi il 1, 1861. 
 
 1. Ho il enacted by the general assembly, that the public taxes 
 and arrears id' taxes due prior to the first day of Octoher eighteen 
 hundred and sixty-one, and not Otherwise appropriated, and of all 
 other branches of reyenuc, and all puldic moneys, whether borrowed 
 or not, not otherwise appropriated by law, which shall come into the 
 
APPROPRIATIONS. 21 
 
 treasury prior to said first day of October eighteen hundred and 
 sixty-one, shall constitute a general fund, and in addition to the ap- 
 propriations by the act passed the seventeenth March eighteen hun- 
 dred and sixty, be appropriated for the fiscal year to close on the 
 thirtieth day of September eighteen hundred and sixty-one, as fol- 
 lows, to wit : 
 
 To pay expenses of the general assembly for the session com- r. moral assem- 
 
 mencing on the seventh day of January eighteen hundred and sixty- ' * 
 one. one hundred and twenty-five thousand dollars. 
 
 To each of the pages of the senate and house of delegates, the Pages of general 
 sum ef two dollars per day for each day's service as such: to he paid Ml 
 upon the certificate of the clerk of the senate and olerll of the house 
 of delegates respectively. 
 
 To Alfred Thornton, a porter to the senate, for his services as Alfrt-.i Tliorn- 
 such, and also for his attention to the senate chamber, clerk's office t01 
 and committee rooms of the senate, and making fires in the same. 
 two dollars and fifty cents per day; to be paid upon the certificate of 
 tin- elerk of the senate. 
 
 To Richard Matthews, keeper of the keys of the capitol, for his Richard Mat- 
 extra services during the last session, one dollar for each night scs- w,< * exvaat 
 sion held. 
 
 To William Osborne, the additional sum of twenty-five cents per wm. Osborne, 
 day for services during the last session of eighteen hundred and Mrvan1 
 fifty-nine and eighteen hundred and sixty, as servant to the capitol. 
 
 To the further expenses of making (ires and superintending fur- Fires and far- 
 naces in the capitol. the customary allowances to the several persons"'""""' 11 "' 01 
 entitled to the same: to he paid on the certificate of the superinten- 
 dent of public buildings. 
 
 To pay the expenses of the convention assembled on the thirteenth Convention 
 ol l"i lirnary eighteen hundred and sixty-one, the sum of seventy-five 
 thousand dollars. 
 
 For payment of so much of the interest on the public debl and Intern* on 
 gradual redemption thereof, and for investment, omitted in last ap- '"' ' 
 propriation, one hundred and fifty-six thousand eight hundred and 
 ninety-seven dollars. 
 
 For deficiency of inter t due the Literary fund, one thousand u 
 
 T I, rarv fund 
 
 dollars. 
 
 For deficiency in appropriation to pay expenses in comparing comparing poOa 
 
 polls in sundry elections, three hundred and fifty dollai 
 
 Por deficiency in appropriation to pay the salaries of Judges and 
 
 other officers, one thousand dollars. •''"' 
 
 To pay for temporary clerics in the office of the auditor of public i 
 
 accounts, In addition (0 the amount heretofore appropriated 
 hundred dollars. 
 
 Pot di !DOM ncy in appropriation to pay for ill Isvwtafr 
 
 criuie. ten thousand dollars. 
 
 For deficiency in supplies for the rapport of convicts and trans* coa-toa 
 
 port-, three thousand dollars. 
 
22 
 
 APPROPBLA i 1 
 
 For deficiency in appropriation to pay fur brigade inspector 
 jutants, clerks, musician.-. \< .. thirty thousand doUare. 
 
 For deficiency in appropriation to paj the .-alary <if the adjutant 
 general, five hundred dollar-. 
 
 For deficiency in appropriation for expense* of visitors t<> the Vir- 
 ginia military institute, twenty-two hundred dollars. 
 
 To pay for the publication of defaulting officers, two hundred 
 dollars. 
 
 For deficienoj in appropriation for the annua] support of Virginia 
 military institute, five thousand seven hundred and ninety dollars. 
 
 For deficiency in appropriation to pay for rations, clothing, &o. of 
 the public guard, and the interior guard at the penitentiary, five 
 thousand dollars. 
 
 For deficiency in appropriation to pay for collecting and distribu- 
 ting arms. < ighteen hundred dollar.--. 
 Ligtsof ;. For deficiency in appropriation for taking lists of taxable property, 
 
 proper y g ve thousand dollars. 
 
 Western lunatic Tor deficiency ill appropriation to tile \Ye>t< in lunatic asylum, live 
 hundred dollars. 
 
 For deficiency in appropriation heretofore made to and uncalled 
 for by tin- Eastern lunatic asylum, thirty-one thousand two hundred 
 and fifty dollars. 
 
 For deficiency in appropriation to pay expenses of lunatics con- 
 fined in county jails, eighteen hundred dollars. 
 
 For deficiency to pay expenses of civil suits, one thousand dollars. 
 
 For deficiency in appropriation for repairs of the governor's house, 
 thirty-seven hundred dollars. 
 
 For deficiency in appropriation for the repairs of the capitol, forty- 
 five hundred dollars. 
 
 For deficiency in appropriation for publishing Grattan's Reports, 
 
 thirty-six hundred and eighteen dollars. 
 
 Tor reprinting live hundred copies of the fifth volume of Leigh's 
 Reports, twelve hundred ami fifty dollars. 
 
 For four thousand live hundred copies of Mayo's Guide, eleven 
 thousand two hundred and fifty dollars. 
 
 For printing to he done in pursuance of the act of the twentieth 
 February eighteen hundred ami fifty-eight, and for hooks for public 
 
 officers, sixteen thousand dollars. 
 
 For ten thousand copies of the second edition of the Code, twenty 
 
 thousand dollars. 
 
 Krcr, f.iryof To the seeretarv of the common wealth, for preparing the second 
 
 oommonwealth, , . . . . 
 
 forprpparaii.ii edition ot the ( .ode, two thousand dollars. 
 
 Statue of Nelson J'" 1 ' Completing the Btatue of Nelson, forty-five hundred dollars. 
 Brectionof For erecting the statue of Nelson, and allegorical figures on Wash- 
 
 " in-ton monument, twenty-three thousand four hundred dollars. 
 For balance of appropriation of act of twenty-first February eigh- 
 teen hundred and fifty-four, for Gait's statue of Jefferson, four thou- 
 sand dollars. 
 
 I 
 
 Adjutant 
 
 lata 
 
 I)rfaultii,(T 
 
 Virginia mili- 
 tary i: 
 
 Public guard 
 
 Distribution 
 of arms 
 
 any hi ui 
 
 Eastern lunatic 
 asylum 
 
 Lunatics in 
 county 
 
 Civil suits 
 Governor's 
 
 boost 
 
 Repairs of 
 sapitol 
 
 Qrattai 
 
 3th v 1 I 
 Report h 
 
 Mayo'rt Guido 
 
 Printing for 
 public officers 
 
 Beeon I 
 of Code 
 
 Statue of Jef- 
 ferson 
 
APPROPRIATIONS. 23 
 
 For permanently enclosing the birthplace of Washington and the Birthplace or 
 home and graves of his progenitors in America, and marking the M ° e on 
 same liy suitable tablets, under act of the twentieth January eighteen 
 hundred and fifty-eight, four thousand eight hundred and sixty dol- 
 lars and seventy-nine cents. 
 
 Tur balance of money appropriated for enlargement of medical Medioai ootiac* 
 college, under act of March first, eighteen hundred and sixty, fifteen 
 thousand dollars. 
 
 For the per diem and mileage of electors of president and vice- College of «le» 
 president, and pay of secretary to the college of electors, twelve 
 hundred dollars; and to William Teller, page to the electoral college, 
 twenty-five dollars. 
 
 For eon. missions to sheriffs, remaining unpaid, and to be paid communion* to 
 upon the warrant of the auditor of public accounts, fifteen hundred 8hcnff * 
 dollars. 
 
 For deficiency in appropriations to pay commissioners for listing i.iRtinRfroc 
 free negroes, one hundred and twenty dollars. 
 
 To meet claims allowed and outstanding, for expenses growing out John Brown 
 of the John Brown raid, nine hundred and six dollars and sixty-one™ 
 cents. 
 
 For rewards, under act of seventeenth March eighteen hundred it. ward* and 
 and fifty-six, and claims under the forty-fifth chapter of the Code, Ci 
 five thousand dollars. 
 
 To pay the joint committee of the senate and house of delegates, Funeral expnn- 
 for accompanying the remains of the late Judge George W. Hopkins liopkuia 
 from Richmond to his late residence in the county of Washington, 
 one hundred and thirty-nine dollars and ninety cents. 
 
 To pay for rent of apartments for the use of the convention, and Apartm«nt§for 
 for furnishing the same, to be paid upon the orders of the president 00 ' 
 of the convention, not exceeding twenty-five hundred do]];. 
 
 To A. W. McDonald, commissioner to obtain from England docu- a. w. mcDo- 
 mentary evidence relative to the boundary of the state, and other"'" 
 historical facts, to pay for deficiency in the appropriation for amount, 
 expended by him over the appropriation, two hundred and seventy- 
 five dollars. 
 
 For completing, fox the admission of lunatic patients now confined Nnriwmtorn 
 
 ^ r ,1 \ ,1 ■ , r lunatic anyluin 
 
 in .ipis. a portion of the Northwestern lunatic asylum, twenty-five 
 thousand dollars ; to be used only upon tin order of the governor, 
 for the purpose aforesaid. 
 
 2. In ease any of the appropriations herein made. are. in whole Appwfrt Mam 
 or in part, included in any general or special appropriation act here- former a| 
 tofore passed, no more money shall be paid under this act than such I.TraVo^piciS' 
 sum or sums which remain unpaid under such act " 
 
 8. So much of the public revenue M may be received into the 0«Mral prorl 
 
 public treasury after the thirtieth day of September eighteen hun- 
 dred and sixty-one, and the surplus ol all other appropriations made 
 prior to thai date, unexpended within the two fiscal years, ending 
 
24 CONVENTION. 
 
 respectively on the thirtieth of September eighteen hundred and 
 
 sixty, and thirtieth of September eighteen hundred and sixty 
 
 wh»i to rrnvti- and all moneys ni't otherwise appropriated by law. shall constitute a 
 
 fnn<i Kir general fund, to defray suefa expenses anthoriaed by law as arc not 
 
 p«»»r hu,par herein particularly provided for. and to defray the usual allowances 
 
 Cor support and transportation to lunatic aaylnms, and other current 
 
 expenses of the commonwealth, in the fiscal year which will cosn« 
 
 mence on the first day of October eighteen hundred and sixty-one, 
 
 and terminate on the thirtieth September eighteen hundred and 
 
 Doty of ancittor sixty-two. And the auditor of publie accounts is hereby authorised 
 
 and required to issue Ids warrants in the same manner as if the 
 
 same had been specifically mentioned, Bubjecl to such exceptional 
 
 limitations and conditions as the general assembly have prescribed, 
 
 limitation a» to or may deem it profit r to annex ami prescribe bylaw: provided, 
 
 jodgmvnta' tMat nothing in this act contained shall he so construed as to authorize 
 
 the auditor of public accounts to issue bis warrant or warrants in 
 satisfaction of any judgment or decree of any court of law or equity, 
 against the commonwealth, for a sum of or over three hundred dol- 
 lars, without a special appropriation by law. 
 
 PaymrntR to 4. The payments to the military institute for support, to the 
 
 Oons, how triad.' lllliaIU ' asylums tor support and transportation 01 patients, and to 
 the institution for the education of the deaf and dumb and the blind, 
 shall be made, one-fourth in advance on the first day of October, 
 one-half on the first day of .January (if the visitors or directors 80 
 require), and the remaining one-fourth on the. first day of April. 
 
 Commenci ment 5. This act shall he in force from its passage. 
 
 ini«Hioiii : h 
 
 CHAP. 3. — An ACT to provide for electing Members of a Convention, and 
 to convene the same. 
 
 ; January 1 1. 1861 
 
 Duty of com- I. Be it enacted by the general assembly, that it shall be the duty 
 
 of the commissioners ami officers who were appointed to superiflensT 
 
 and conduct elections for county and corporation officers in May last, 
 at the places established for holding elections for members of the 
 general assembly, to open polls for electing delegates to a conven- 
 electlon tion. Tbe said (lection shall be hold on tlie fourth day of February 
 Krf, r. noe to the in the year of our Lord eighteen hundred ami sixty-one. At the 
 i ■ to „- same time the said commissioners and officers shall open a separate 
 
 Whrn 
 held 
 
 ventiou 
 
 poll to take the sense of the qualified voters as to whether any action 
 of said convention dissolving our connection with the federal Union, 
 or changing tbe organic law of the state, shall be submitted to the 
 Howpolltobe people for ratification or rejection; and in order to ascertain the 
 sense of the voters upon the question aforesaid, the said officers ehall 
 
CONVENTION. 26 
 
 cause to be kept a poll, to be headed " Upon the question of refer- 
 ring such action to the people for their decision ;" which said poU 
 book shall have two column.-- — the one headed " For referring to the 
 people," and the other, "Against referring to the people:" and tho 
 names of those who VOte for the former shall he written under the 
 former heading, and those who vote for tlie latter, under the latter 
 heading. When thi said officers meet as herein provided) they shall Duty of offlcen 
 
 ascertain and make return of the number of persons voting for each 
 
 proposition. They shall forthwith send to the clerk of their respec- TCetums, how 
 tive counties or corporations a copy thereof, whose duty it shall be to 
 transmit immediately a copy thereof to the president of the conven- 
 tion at Richmond, and also to the governor of the commonwealth. 
 In case any officer appointed as aforesaid should fail to act, his or 
 their place shall be supplied in the mode prescribed by law for gene- 
 ral <. lections. 
 
 2. The convention shall consist of one hundred and fifty-two Number of 
 members, to be chosen for and by the several counties and cities of chosen ' 
 the commonwealth, as prescribed by the second section of the fourth 
 article of the constitution of this state, for the election of members 
 of the house of delegates. The county or counties which alternately 
 vote for delegates to the general assembly under the said article of 
 the said constitution, and which at the next election for delegates 
 would be entitled to elect a delegate or delegates, shall elect the 
 same number of members of the convention, and in the same man- 
 ner that they would be entitled to if the election were for members 
 of the next session of the general assembly. 
 
 H. Any person may be elected a member of the convention, who Who eligible 
 at the time of election has attained the age of twenty-five years, and 
 is a citizen of this commonwealth. 
 
 4. All pei-on- shall be qualified to vote on the question and in the who to vote 
 election aforesaid, who are entitled to vote for delegates to the general 
 mbly under tie- constitution of this commonwealth. ■ 
 
 . r >. NThe said election -hall in all H i in the mode How eleeUoa 
 
 ribed, and the officers Conducting the same shall be \. -ted with 
 
 the powers, perform the duties, receive tin- same compensation, and 
 be liable to the penalties prescribed by law- for genera] elections, ex- 
 cept as herein provided. 
 
 G. The polls shall remain open for one day Only; mid the COO- Polla, how loaf 
 missioners superintending thi ion at the courthouses, shall 
 
 meet iii their respective counties ami corporations on the second day 
 after the < lection da] ; . hall then > oonpare toe polls for thi ir r< --, np*red 
 
 tivr < ..untie- and co rp o r a tions which elect a delegate or •! 
 and ascertain and certify the retea of the counties and corporati—i 
 
26 CONYI.NTInN. 
 
 or parts thereof comprising election districts, ami deliver a certified 
 statement thereof to 1 1 » « - officers conducting the election at the oourt- 
 numinn flii bouses. And t<> compare the returna From the respective eoonties 
 . and parts of counties forming election districts for members of the 
 general assembly, the officers conducting the election at the court- 
 houses of the respective counties and pi rta of oounties of Buch elec- 
 tion districts, shall meel and compare the return;- at the places now 
 required by law for such comparison, on the fourth day after the 
 election, and make returns of the election; one of which they shall 
 forthwith transmit by until to the governor: another with the poll 
 books, shall be delivered i<> the clerk of the county or corporation 
 oourt, to be filed in his office; ami another to the member or mem- 
 bers elected to the said convention. 
 
 When conven- 
 tion to assemble 
 
 7. The members so chosen shall meel on Wednesday the thirteenth 
 
 oi February next, al the capitol in the city of Richmond, and pro- 
 
 ( ■ ed to adopt such measures as they may d< i m expedient for the 
 
 where meeting* welfare of the commonwealth. The sessions of the convention shall 
 
 be held in the capitol until otherwise provided for. 
 
 Contested 
 •lections 
 
 8. In the case of a contested election, the same shall be governed 
 in all respects by the existing laws in regard to contested elections in 
 
 the house of delegates, unless otherwise ordered by the convention. 
 
 vacancies 9. In case of vacancies occurring previous to the meeting of the 
 
 convention, the governor shall issue writs to supply the same; and 
 after the said meeting, the writs shall be issued by order of the con- 
 vention, and the elections under such writs shall he conducted in all 
 respects as the elections herein before provided for. 
 
 Privileges and 
 •lections 
 
 Compensation 
 
 10. The said convention shall he the judge of its own privileges 
 
 ami elections, and the members thereof shall have, possess and enjoy 
 
 all the privileges which members elected to and attending on the 
 
 g( neral assembly are entitled to; and moreover shall he allowed the 
 
 same pay for traveling to, attending on and returning from the said 
 convention, as is now allowed to members of the general assembly 
 for like Bervibes. 
 
 Officer*, bow 
 
 appointed and 
 paid 
 
 11. The said convention is hereby empowered to appoint such 
 officers, and to make them such reasonahle allowances for their ser- 
 vices DS il shall deem proper; which several allowances shall be 
 audited by the auditor of public accounts, and paid by the treasurer 
 of the commonwealth, out of any money in the treasury not other- 
 wise appropriated. 
 
 Expenses of 12. The expenses incurred in providing poll hooks and in procu- 
 
 ring writers to keep the same, shall he defrayed as heretofore in the 
 
 elections of members of the general assembly. 
 
DEFENCES OF THE STATE. 27 
 
 13. Immediately upon the passage of this act, the governor shall Proclamation by 
 issue a proclamation giving notice thereof, of the time of holding the 
 
 election, and of the meeting of the convention herein provided for. 
 
 14. The secretary of the commonwealth shall cause to lie sent to copies of act, 
 
 _ , - . P , . Iww diatributod 
 
 the clerks of each county and corporation, as many copies nt tins 
 act as there are precincts therein, using for that purpose special 
 messengers, when necessary in his judgment. It shall he the duty 
 of the; clerks to deliver the same to the sheriff for distribution, who 
 shall forthwith cause a copy to he posted at the door of his court- 
 house, and at some public place in each election district. 
 
 15. This act shall he in force from its passage. Commencement 
 
 Chap. 4. — An ACT to create an Ordnance Department. 
 1 January 25, L861. 
 
 1. Be it enacted by the general assembly, that an ordnance dc- Ordnance de- 
 partment be and is hereby created, to consist of one colonel <>f ord- ated 
 nance, to be appointed by the governor, by and with the advice and what officers 
 consent of the senate, and subordinate officers, not exceeding six in pointed, and 
 number, to be appointed in like manner: the said subordinates to ho 
 
 hold such rank as may be prescribed by the governor, with the con- 
 sent of the senate. The pay and allowances of all commissioned Pay and allow 
 officers of the ordnance department Bhafl be the same allowed to 
 officers of the same rank and service in the United States army on 
 the first day of January eighteen hundred and fifty. 
 
 2. The duties of the said department shall be the duties performed Duties of ord- 
 by the ordnance, quartermaster and subsistence departments of thement '° pa 
 United States army, and such other duties as may be prescribed by 
 
 the colonel of ordnance, with the consent of the governor. 
 
 •'?. The officers of said department shall be governed by the arti- office™, how 
 ol< I "f war and regulations which are in forte at this time for 
 government of the troops of the United States, so far a- tin same 
 may he applicable. 
 
 4. The duties heretofore assigned to the commissioners of theoffleantoba 
 armory shall hi' performed by the officers whose appointment is ef tho armory 
 authorised bj this tot. 
 
 5i This act shall he in force from its passage. Commencement 
 
2S DEFENCES OF Tin: statk. 
 
 ("mm'. B. — An ACT appropriatinp one million of doll. n- ;'• r the Defence of 
 
 lonweaith. 
 
 Iomi i. Be it enacted by the gt embly, that the colonel of erd- 
 
 nance be and is hereby authorized and required, under tin- direction 
 of tli'- governor, to procure such arms. equipments and mnnitioni of 
 
 How monitions, war as mav lie inn-.-arv for tin- defence of the State. The said 
 Sic ol> : 
 
 oncer is also authorized to contract, under the direction id' th. 
 rernor, for the manufacture in this state of equipments and muni- 
 tions of war. and may buy materials to he used in the manufacture 
 of the same, and may contract with parties for altering and im- 
 proving in thifl state, cannon and small arms, or may. in his discre- 
 tion, purchase machinery and materials fur such purpose, if the same 
 Amount appro- cannot he done by contract upon as reasonable terms : pr<>\ ided, that 
 
 pri.lt . •',, ii, ii, , ,,,, iir 
 
 and munition* not more than eight hundred thousand dollars shall lie expended for 
 such purposes: which sum is hereby appropriated out of any money 
 rttrat i in the treasury not otherwise appropriated. The arms so to he pur- 
 chased shall he so distributed that the militia of the slate along and 
 mar the border on the non-slaveholding Btates and along the borders 
 
 of the Chesapeake hay, and the navigable streams tributary thereto, 
 shall he put on equal footing, in the supply of arms, with the militia 
 of any other part of the commonwealth. 
 
 Engineer to bo 'J. P,e it further enacted, that the governor is hereby authorized 
 and required to employ forthwith a competent engineer for the pur- 
 pose of planning and constructing such coast, harbor and river de- 
 fi noes as are immediately needed for the protection of the common- 
 
 piaa* to be mb- wealth : provided, however, that said engineer shall first Bubmit his 
 
 mitted to the , - , , r ■ , , r , • 
 
 governor plans, with the cost ol executing the same, to the governor lor his 
 
 approval: and if such plans he approved by him, the same shall he 
 Arsenal! to be executed: and provided, thai for the defence of the western and 
 northwestern frontier ami the Valley, the sum of fifty thousand dol- 
 lars is hereby directed to he applied to the construction id' three 
 arsenals: one at or near the Baltimore and Ohio rail road, or the 
 
 Northwestern Virginia rail road; one at some poinl upon the Great 
 
 Kanawha river; and one in the Valley of Virginia, at or near the 
 town ol' Winchester: the precise locations of which shall he deter- 
 mined h)' the governor, upon the report of the engineer hereby 
 BUM for eoaat, authorized to he employed; and he is further authorized and required 
 in acquire for the state, by purchase or condemnation, such sites as 
 may he required for the defensive works aforesaid. If condemnation 
 he necessary, it shall lie conducted as in the proceedings by a com- 
 pany, county or town to take land without the owner's consent. 
 
 Amount appro- '.]. The sniiMif two hundred thousand dollars is hereby appropri- 
 
 pna ated for the purposes mentioned in the preceding section, out of 
 
 any money in the treasury not otherwise appropriated. 
 
 Commencement 4. This act shall be in force from its passage. 
 
DEFENCES OF THE STATE. 29 
 
 Chap. 6. — An ACT to authorize the issue of Treasury Notes. 
 Passed March 14, 1861. 
 
 1. Be it enacted by the general assembly, that the governor, for issur of treasury 
 the purpose of raising means for the defence of the slate, is hereby rized 
 authorized to direct the auditor of public accounts to borrow for the 
 commonwealth of Virginia, from time to time, au amount not ex- 
 ceeding in the aggregate one million of dollars : ami for that pur- 
 pose, the said auditor shall issue to the lender, in treasury notes, the 
 
 amount which lie purposes to loan, in sums not less than twenty Not less than 
 , ,. " twenty dollars 
 
 dollars. 
 
 2. The said treasury notes shall he prepared under the direction How prepared 
 of the governor, and shall he signed l)3 r the treasurer, and counter- 
 signed by the auditor of public accounts, but shall not be delivered 
 
 by the said auditor until the receipt of the treasurer, stating that the 
 par value thereof has been paid into the treasury. The said notes r,, v.i.- m pay- 
 shall be made payable to order of the lender, and be redeemable at 
 
 the treasury of the stale one year after their respective dates. They To bear Interest 
 shall bear interest at a rate not exceeding six per centum per annum 
 from the dale of their issue until redeemed, or received l>y the autho- 
 rized officers of the state in payment of dues to the commonwealth. 
 For the payment of the interest and redemption of the principal at Faith of state 
 the place and time specified on flic face of the note, the faith ofdeuiption 
 the commonwealth of Virginia is hereby pledged. 
 
 8. The said notes shall be transferable, by the endorsement of How transfer 
 
 the lender to bearer, and thereafter by delivery. 
 
 4. The said treasury notes shall be received in payment of taxes. Receivable la 
 and debts actually due to tin' commonwealth, after the thirtieth day public dues 
 of September mxt ; and in the settlement of said taxes or due:', (he 
 
 pi rson making BUCh payment shall be allowed the amount of the 
 principal, and the interest which may be due at the time of settle- 
 ment, on the said treai ur\ not 
 
 5. The officer receiving tin treasury note in payment, shall en- What done by 
 
 l i , i • • ,* 1 1 1 C 1 
 
 thereon that the same is paid, and the late ot the pay- c; v .,ii 
 in in t ; and the person tendering the same in payment ot taxes Or joes 
 dues, shall subscribe his name. Bfl a receipt in lull therefor; and in What a) 
 the m 1th meat of said officer with the auditor of public accounts, the W ub auditor 
 principal of said note and the interest thereon, calculated to stieh 
 date, shall be in full discharge of so much of the taxes or dues 
 charged sgainsl said officer for collection. No treasury note so en- 
 dorsed and subscribed, shall be afterwardi transferable. 
 
 G. The auditor of public accounts [| hereby directed to cause to Mow to bore- 
 be redeemed ill treasurj nol • Motived by the collecting 
 
30 MIUMA. 
 
 officer?, principal and interest, at the time when the same is red) Bill- 
 able, and presented for payment : to be paid ont of any money in 
 ami the treasury not otherwise appropriated. And if the said notes be 
 net presented within twelve months after the Bame are redeemable, 
 the said auditor shall advertise for the same to be brought in on a 
 given day. and after such day the int < t in shall & 
 
 When 7. Whenever from time to time one hundred llmmand dollars of 
 
 how ' Baid notes shall he r< turned to the auditor by aid ooUeotirj : officers, 
 
 Or shall he red( t nied hy him as herein provided, the same shall be 
 canceled by him, and be delivered to the treasurer, to be preserved 
 
 in his office: and from time to time, within two years from the pas- 
 sage <if this act, an amount equal to the sum bo canot led, may, hy 
 direction of the governor, be again issued, Bubjeot to all the pro- 
 visions herein before prescribed. 
 
 What lists to be 8. The auditor of public accounts and the treasurer shall each 
 
 whom" y keep a full and accurate account of the number, date, denomination 
 
 and amount of all the notes Bigned by them respectively, and of the 
 
 names of the persons to whose order the Baid notes are B( verally 
 made payable, and in like manner, of all the said note-; redeemed 
 and canceled. 
 
 appropriation 9. For defraying the expense of preparing, printing and engraving 
 the said treasury notes, a sum n%t exceeding two thousand dollars is 
 hereby appropriated, to he paid by order of the governor, out of any 
 money in the treasury not otherwise appropriated; and the plate or 
 plates for such engraving shall be preserved by the treasurer, and 
 
 shall be destroyed when the issue of said notes shall cease. 
 
 Provisions as to 10. All the provisions of the third, fourth and sixth sections of 
 plicabio' 1 ' b chapter one hundred and ninety-three of the Code, applicable to 
 
 bank notes, shall he hell to apply with the same effect to the trea- 
 sury notes directed to he issued by this act. 
 
 Banks may pur- 11. It shall he lawful for the hanks of this commonwealth to dis- 
 count or purchase any note or notes issued under this act. 
 
 Commencement 12. This act shall he in force from its passage. 
 
 Chap. 7. — An ACT amending certain laws respecting the Militia of the 
 Commonwealth, BO as to render them nunc- efficient. 
 
 Passed March 23, 1861. 
 
 Code amended 1. Be it enacted hy the general assembly, that the second section 
 of chapter twenty-five of the Code of Virginia shall be amended and 
 re-enacted so as to read as follows : . 
 
MILITIA. 31 
 
 " § 2. Notices of regimental musters and training of officers may Notices of regi- 
 
 ,.,,,.-,. , i . . ' liii-ntul mubten 
 
 be given by the brigade inspector, liy advertisement m one or more 
 convenient newspapers ; but tbe expense thereof shall not exceed 
 ten dollars fur each brigade in any year. Notice of company urns- Company 
 ter| shall be given by commandants of companies) by notices to be 
 posted al three separate public places in the respective company dis- 
 tricts, at least ten days previous to such musters." 
 
 £. The fourth section of said chapter shall be amended and re- Code amended 
 enacted so as to read as follows : 
 
 " § 4. There Bhall he two trainings in every year of all the officers Trainings of 
 t i . . i .1 i i "i" r i officers, when 
 
 of each county ; which shall be at the courthouse of such county, held 
 
 except that the trainings of the officers of the cue hundn d and Exceptions 
 thirty-first regiment shall be held at Lynchburg, and the fall train- 
 ings of the officers of the one hundred and seventy-sixth regiment 
 may be held at Mannington, if a majority of the officers of lh.it 
 regiment bo determine: but the place of such training may beHowchanged 
 changed by the brigadier general«of the brigade, upon application in 
 writing of a majority of the officers of such county. Bach training Trainings three 
 shall continue three successive days. The first shall be conduoted conducted 
 by the brigade inspector, in the manner prescribed by law, and shall 
 be held on the three days immediately preceding the regimental mus- 
 ter. The second shall be held in the month of September or < Ictober When held 
 in every year, commencing on suoi day as may be appointed by the 
 commandant, and .shall be conducted by the senior officer present. 
 The governor may cause to be issued to the commandant of every What arms may 
 regiment or battalion, arms and accoutrements suitable and sufficient 
 for the n-e of officers of such regiment or battalion training. When General musters 
 several regiments are organized in the same county, the brigadier 
 genera] of the brigade shall appoint the general musters of such 
 regiments on separate successive days, commencing immediately 
 
 after the framing of the brigade inspector. The brigade inspector Brigade inspeo- 
 
 , , ■ i lore to attend 
 
 shall attend all regimental and battalion musters in his brigade. It To inspect anna 
 
 shall he his duty, at the spring training and musters, to inspect all 
 arms in the hands of the militia, and report the condition of the 
 same, with all instances of abuse, to the adjutant general. Iii DO 
 hall the militia of any county be required to go out of such 
 county to attend any regimental muster in time of peace, but shall whenmflitta 
 when insufficient to constitute a regiment, be organized and musb d ..ion 
 as a battalion : provided, however, that when the militia of two or 
 more adjoining countiei lying east of the Alleghany range of moun- 
 tains r onstitute one regiment, a majority of the commissioned offii 
 of the regiment may determine to have regimental musters in either 
 of said counties, in lieu of battalion m 
 
 8. The ninth section <>( chapter twenty-five shall be amended and 
 
 re-enacted so as to read as follows: 
 
32 MIIJTIA. 
 
 nnimmrr and " § f>. Each brigade inspector shall employ a drummer and fifcr 
 bo attend 
 brigade.*' 
 
 ompi,, bo attend each training of officers and regimental musters in the 
 
 •I. The tenth section of chapter twenty-five shall be amended tnd 
 re-enacted bo bs bo r< ad as follow : 
 
 Dnun and fife, "§ 10. The commandanl of each regimenl and battalion, when 
 
 obtained ' battalion arc Bnbstitnted for regimental musters, may procure lor the 
 11 e of hi- regimenl or battalion, and for the dnun and life majors 
 attached thereto, once in ben yearn, if necessary, one dram and life, 
 upon which he shall cause the name of the county and Dumber of 
 
 Bogio the regimenl or battalion to lie marked. In like manner lie may 
 
 procure one bugle for each company of cavalry and riflemen attached 
 
 Repairs to to his regimenl or battalion. When any of said equipments require 
 repairs, the commandant of the regimenl or battalion may procure 
 the same to lie done. The commandants of regiments and battalions 
 shall submit all accounts for such equipmi nts or repairs to their re- 
 spective regimental or battalion courts of enquiry, which may make 
 
 NowcquirLvnts a reasonable allowance therefor. Where the court allows for now 
 equipments, ii shall also certify that no Buch equipments have been 
 purchased for the regiment or battalion within the preceding ten 
 years. Upon such allowance (with such certificate in the ease of 
 new equipments) the said commaudants may draw upon the auditor 
 of public accounts in favor of the claimant, to be paid out of the 
 militia fine fund, for the amount thereof/' 
 
 . r >. The twentieth section of chapter thirty shall be amended and 
 re-enacted so as to read as follows : 
 
 Tickets for fin r.«, " § 20. Tickets for all fines imposed by the battalion and regi- 
 how mad . ,. . in, i ii i , . , 
 
 and collected mental courts ol enquiry, shall be mad'' out by the clerks ol those 
 
 courts, and placed in the hands of the Bheriff Or other collector of 
 the revenue for collection, and shall also deliver to such sheriff or 
 collector an alphabetical list of such tickets. Such tickets and list 
 shall be delivered to such sheriff or collector after the firs! day of 
 January and before the first day of April next after the same were 
 imposed by the battalion or regimental courts. The said clerks BhaH 
 also prepare a copy of such list, furnished to such sheriff or oolleo- 
 Collector or tor, at the foot of which he shall take from the Bheriff or collector a 
 
 gberilT'B receipt , . . , -, . . .. , , . , 
 
 receipt for the tickets named therein, and shall forthwith transmit to 
 Prima fucio the auditor of public accounts a copy of such list and receipt; which 
 
 evidence , .. , ., ._.., 
 
 shall be received as prima lacie evidence in any action or motion 
 
 against such Bheriff or collector. If there be no tickets for fines, 
 
 which could have been placed in the hands of such sheriff or collec- 
 
 Penaity on clerk tor, the clerk shall certify that fact to said auditor. If the said clerk 
 
 of court of ... 
 
 enquiry fail to perform any duty herein required of him, he shall forfeit not 
 
 less than one nor more than two hundred dollars. The Bheriff may 
 
MILITIA. 33 
 
 make immediate distress for said fines, and shall collect, account for 
 ami pay the same into the treasury on the fifteenth day of December 
 next after the said tickets arc required to be BO delivered. Any Penalty on col- 
 
 sheriff or collector failing to receive the tickets, and execute a re- ' '" 
 
 Oeipt therefor, as provided in this section, shall forfeit not less than 
 one hundred nor more than five hundred dollars." 
 
 6. The twenty-second section of the thirtieth chapter shall be O 
 amended and re-enacted bo as to read as follows: 
 
 "§22. The militia lines shall constitute a fund for defraying the Militia fines a 
 expenses of the militia establishment in time of peace. All expenses pensi ii 
 
 of the militia shall be paid out of said fund: but in case the b; 
 fund shall he insufficient for that purpose, the said expenses shall I 
 
 1 ' i pud ont of tlio 
 
 paid out of any money in the treasury not otherwise appropriated, treasury 
 
 Claims for music at regimental and company musters prior to the How claims for 
 
 thirtieth day of March eighteen hundred and sixty, and for adver- vertising to be 
 tising heretofore in local newspapers, under the provisions of the p 
 second section of chapter twenty-live, shall be paid for under the 
 provisions of this section, when said claims shall }m allowed and 
 certified according to existing laws, or which existed prior to said 
 thirtieth of March eighteen hundred and sixty. 
 
 7. The twenty-third section of said chapter thirty shall he amended code amended 
 and re-enacted so as to read as follows: 
 
 " § 2;}. Claims to brigade inspectors for training- and regimental claims of 
 
 musters conducted and attended by them in each regiment, and fori',', 1 anVfoT* 
 mileage thereto, shall be certified by the commandant of such '«'.-i- ).',', V 1 ' ■ 
 ment; and claims for music at such trainings and such regimental or 
 battalion musters, and mileage to musicians, shall he certified by the 
 brigade inspector. Such claims, so certified, or so much thereoi i 
 may lie authorized by law, shall he paid 11)1011 the warrant <>| the au- 
 ditor of public accounts. All other claims authorized by law shall be How other 
 allowable- by the regimental courts of enquiry; shall Decertified by !,;;'',', ,7,'^!"'"' 
 the clerk of the regimental court allowing the same, -and shall be 
 
 countersigned by the commandant of the regiment. The 1 lerk of 
 inch court shall forthwith transmit £0 the auditor of public accounts 
 a list of all claims mi allowed, which shall also be coi i by 
 
 the commandant of such regiment. The said list shall hi- the guide 
 
 of the auditor of public accounts in his settlement of said claims. 
 [f no claims are allowed, the clerli shall certify that fad. All snob 
 
 claims, mi certified or allowed, shall be in faror of flic person per- 
 forming tli' B< rvioea or presenting the ohargi 
 
 -. The twenty-fourth sec lion of the said thirtieth chapter shall 1 
 
 anuinled and re-( uacb d .1 as >" r< ad as foll< 
 
 " § 21. In time of peat e, no claim other than those named in tl 
 lection, -hall be a!!- ,111. d -hall be paid out of the mi- 
 
■u 
 
 MILITIA. 
 
 Amount to be 
 paid lir 
 inspector 
 
 Drummer and 
 fifer 
 
 How, if band be 
 obtained 
 
 Clerk of courts 
 rf enquiry 
 
 rrovost mar- 
 shal 
 Adjutant 
 
 For mustering:, 
 notifying and 
 enrolling com- 
 pany 
 
 Allowance for 
 equipments and 
 repairs 
 
 For advertising 
 
 litis fine fond, as in the twenty-second section of chapter thirty of the 
 Code is provided, vis: To esoh brigade inspector, five dollars per day 
 for every day he shall attend the training of officers and regimental 
 masters, and ten cents for every mile be shall necessarily travel going 
 and retaining, as provided in the eighth section of chapter twenty- 
 five of the ( 'title. Eaohdrnmmer sad fiferwho .-hall attend the train- 
 ing of officers in the brigade, shall be allowed three dollars per day 
 for their respective services, and four cents for evi-ry mile of neces- 
 sary travel in going and returning, according to the ninth section of 
 said chapter twenty-five. A drummer and fifer and bngler to attend 
 the fall training of officers, regimental, battalion and company mus- 
 ters, including volunteer as well as other companies, shall he allowed 
 each two dollars per day for their services: provided, if a drummer 
 and fifer cannot he obtained, and the service of any band is obtained, 
 they shall be allowed five dollars per day. To the clerk of every re- 
 gimental court of enquiry, for attendance on each court or board of 
 officers during its session, not exceeding five dollars. For making 
 out the list and tickets to be placed in the hands of the sheriff or 
 other collector in any year, five dollars ; and for the copies thereof to 
 be certified to fho auditor, and for stationery for the use of said court. 
 five dollars. To the provost marshal, for each day he shall attend 
 the courts of enquiry, two dollars. To the adjutant of every regi- 
 ment, for attending the regimental musters and the training of offi- 
 cers, four dollars for each day's attendance. To the adjutant, or any 
 other officer of the line ordered to perform the duty of enrolling, no- 
 tifying and mustering any company which has no officers, and report- 
 ing delinquents in said company, two dollars per day whilst actually 
 employed in such duty, so that the same does not exceed six dollars 
 for any company in one year. For equipments and repairs for musi- 
 cal instruments, as prescribed in the tenth section of chapter twenty- 
 five, and under the restrictions contained therein, there shall be a 
 reasonable allowance made therefor. For advertising under the pro- 
 visions of the second section of chapter twenty-live, such sums as 
 may have been actually incurred, not exceeding the amount allowed 
 in said section." 
 
 9. The twenty-fifth section of chapter thirty shall be and the same 
 is hereby repealed. 
 
 Code amended 
 
 Horses to bo 
 allowed to artil 
 lery companies 
 
 10. The twelfth section of chapter twenty-six of the second edi- 
 tion of the Code of Virginia, shall be amended and re-enacted so as 
 to read as follows : 
 
 " § 12. Each company of artillery, equipped with ordnance, shall 
 he allowed horses to draw its pieces and caissons at every muster re- 
 quired by law, and the regimental courts of enquiry shall make pro- 
 per allowance therefor, but said courts shall not allow for more than 
 two horses for each piece and two. horses for each caisson, nor more 
 than one dollar for each horse actually employed at such musters." 
 
MILITIA. 35 
 
 11. The thirteenth section of an act passed March thirtieth, eigh- Act of i860 
 teen hundred and sixty, entitled an act for the better organization of"' 
 
 the militia of the commonwealth, is herehy amended and re-enacted 
 so as to read as follows : 
 
 " § 13. There may be as many troops of cavalry, as many com- An to troops of 
 , ,-«.,.« . n , , cavalry and 
 
 jinnies of artillery and ot light infantry or riflemen, as have been orartillerj 
 
 may be organized within the bounds of the regiment to which they 
 belong, or within any county or city, if there be more than one regi- 
 ment in such county or city, or within the bounds of two or more 
 adjoining regiments in different counties. Such companies shall con- of what number 
 gist of not. less than fifty nor more than one hundred men, rank and 
 file, to be raised by voluntary enlistment for four years." 
 
 12. This act shall be in force from its passage. Commencement 
 
 Chap. 8. — An ACT to authorize tho County Courts and any incorporated 
 City or Town to arm the Militia of their respective Counties, Cities aud 
 Towns, and to provide means therefor. 
 
 Passed January 19, 1861. 
 
 1. Be it enacted by the general assembly, that the county courts County courts 
 of Charlotte county, and such other counties as may accept the pro- ann militia 
 visions of this act, as herein after provided, may arm such portion of 
 
 the militia of their respective counties as they may deem expedient, 
 and as may be without arms: provided the authority hereby given Proviso 
 shall not be construed to impair any power over this subject vested 
 by law in the governor. 
 
 2. For the purpose of paying the debt thus incurred, the courts power to ap- 
 shall have power to appoint an agent or agents to negotiate a loan or negotiate loan?. 
 
 loans for, and in the name of such county, and at the term at which Author! 
 it makes fa county levy, shall levy 00 all the lands and all other 
 Subjects liable to that tax and eounty levy in such couuly. without 
 the limits of a town that provides for its poor and keeps its streets in 
 order, such tax to pay the said debt, or part of such loan or loans, as 
 may be authorized, and the interest thereon, as -aid COUll may deem 
 
 necessary and proper; ami from year to year repeal such a— 
 
 mentB, until the amount authorized, or loan made by such court. 
 together With all interest. i< fully paid. But such levy for a TTilT TThIiIuUiiii 
 
 shall not exceed one-third of the whole amount of debt thus incurred, 
 
 at one time. 
 
 3. And in caM any such county shall have already issued it- bonds bm of bond* 
 
 for the purpose herein ipeoiftei, the same shall be and is hereby 
 
 legalized and made valid, whenever all the acting justices of such 
 
:U; PAYMENT TO COMMISSIONERS. 
 
 count v shall have been summoned to attend the court to consider the 
 subject, and a majority shall be present and oonsenting thereto. 
 
 isjority 4. The sai<l courts shall not contract any debt or liability under 
 . ,|ry S the provisions of this act, onlesa all the acting justices tht reof shall 
 have been summoned to attend the court to oonaider the subject, and 
 a majority shall be present and voting on the question. 
 
 Acts to apply to - r >. This act shall apply to all counties wherein the county court. 
 Tit the justices thereof having been summoned to oonaidex the same, 
 and B majority being present, shall accept it. 
 
 Cities, &c may 6. Any incorporated city or town, through their councils or trus- 
 avaU themaelves teeBi ]|);|V ava y themselvea of the provisions of this act, and shall 
 
 have power to raise the amount necessary, by loan or taxation, as 
 
 they may determine. 
 
 Regulations for 7. The said county courts and corporations accepting the provi- 
 imTm.nnof sions of this act, may make such regulationa aa may be necessary for 
 the preservation, and the return of said arms when demanded. 
 
 commencement 8. This act shall he in force from its passage. 
 
 Chap. 9. — An ACT providing for Payment of Commissioners of Virginia 
 to the Peace Conference at Washington and to the Southen 
 
 I March 15, L861. 
 
 Amount m com- 1. Be it enacted by the general assembly, that John Tyler, Wil- 
 ., liam C. Rives, George W. Summers, .John W. Jirockenbrough and 
 James A. Seddon, commissioners heretofore appointed by the con- 
 current vote of the general assembly, to meet and consult with com- 
 missioners from the other states of the Union, at Washington in the 
 district of Columbia, upon the matters which now disturb the quiet 
 of the country, shall each receive ten dollars per (lay for attendance 
 on the said convention of commissioners, and shall moreover ho 
 allowed mileage at the rate of twenty cents for travel to and from 
 Additional al- the place of session of the said convention ; and the additional sum 
 towance to John Qf gix ^^ ^ flfty ^ ][iu ]>y (linrU . ( l t(l |, e pft ^ t the Hon. John 
 
 Tyler, as president of said convention. 
 
 antodon- 2. Be it further enacted, that John Tyler, commissioner to the 
 ^V/miV," president of the United States, and John Robertson, commissioner 
 seceded states from t ] lig gtate to t j ie seV eral states that have seceded or might secede 
 from the federal compact, shall be entitled to the same pay and mile- 
 age as the commissioners herein before in the first section named. 
 
PUBLIC GUARD. 37 
 
 3. The auditor of public accounts is hereby authorized and How paid 
 directed to audit the respective claims of the said commissioners, 
 
 and to issue his warrant therefor on the treasury, payable out of any 
 money therein not otherwise appropriated. 
 
 4. This act shall be in force from its passage. Commencement 
 
 Chap. 10. — An ACT authorizing the Superintendent of the Armory to pro- 
 \ i'l Quarters for a portion of the Public Guard. 
 
 Passed February 23, 1861. 
 
 1. Be it enacted by the general assembly, that the superintendent Superintendent 
 
 i '•!/,• i "' armory to 
 
 ot the armory be authorized to rent temporarily (subject to the ap- rent quarters 
 
 proval of the governor), quarters for such portion of the public guard 
 
 as it maybe necessary to remove from the armory buildings, in order 
 
 to complete the repairs necessary for the manufacture of arms. 
 
 2. Be it further enacted, that a sum not exceeding twenty-five Amount appro 
 hundred dollars be and is hereby appropriated for the purpose of 
 carrying out the foregoing provision ; to be paid from time to time, 
 
 Upon the order of the governor, drawn upon the auditor of public 
 accounts. 
 
 3. This act shall be in force from its passage. Commencement 
 
 Chap. 11. — An ACT to increase the Pay of certain Officers of the Public 
 
 Guard. 
 
 Passed April 1, 1861. 
 
 1. Be it enacted by the jreneral assembly, that the third Beotion of Section 3 of en 
 chapter thirty-three of the Code be amended and re-enacted so as to amended 
 read as follows : 
 
 " § ){. The pay pel month of the said company shall be as fol- r 
 lows: Of the captain, sixty dollars: of the first lieutenant, fifty 
 dollars) Of the second lieutenant, forty-live dollars; of the first sir- other offioen 
 geant. twenty dollars: of each other sergeant, seventeen dollars: of 
 each corporal and musician, thirteen dollars: and of each private, 
 eleven dol h non-commissioned officer, musician and pri- nations of am- 
 
 i ii • ■ i • i • i i i ii- commissioned 
 
 rate Shall receive one ration per day. m kind, and the same clothing officers, mast* 
 
 ami quartermaster's ston i as sre allowed to infantry in the servii ol "' p 
 the United under the laws and regulations thereof now in 
 
 Bach of the commissioned officers shall be entitled to four Rations of oem 
 
<Kj cmoun conns. 
 
 missioned rations per day. to lie commuted at thirty tents per ration, ami slab 
 
 shall lie allowed, lor MM servant, the pay, rations and clothing of a 
 p rivat e, and such <[uartcrnia>t<r's stores for himself and servant as 
 are now allowed to the oflieers of the same grade in the infantry of 
 Proviso the United States: provided, however, that the captain of the public 
 
 guard shall not receive the increase of pay allowed him by this act. 
 while receiving a salary as superintendent of the armory." 
 
 commencement 2. This act shall he in force from its passage. 
 
 Chap. 12. — An ACT changing the time of holding the Circuit Court in the 
 town of Danville. 
 
 Passed March 1, 1861. 
 
 Act of 1860 1. Be it enacted by the general assembly, that the first section of 
 
 amended the ^ p agge(1 \i arc .], twentieth, eighteen hundred and sixty, entitled 
 
 an act to establish a circuit court for the town of Danville, be 
 amended and re-enacted so as to read as follows : 
 
 "§ 1. Be it enacted by the general assembly, that there shall be 
 held in the town of Danville, twice in each year, a circuit court for 
 said town, the jurisdiction whereof shall extend to all cases arising 
 within the corporate limits of said town, over which the circuit court 
 Time of holding of the county of Pittsylvania now has jurisdiction ; and the said 
 D r an"vni c e° urt ° f court shall be held on the twenty-fifth day of March and on the 
 twenty-fifth day of August, by the judge of the fourth judicial 
 circuit." 
 
 • ommencement 2. This act shall be in force from its passage. 
 
 CHAP. 13. — An ACT changing: the time of holding the Terms of the Cir- 
 cuirt Courts of the Counties of Hardy and Page. 
 
 Pa9Scd January 24, 1861. 
 
 Code amended 1. Be it enacted by the general assembly, that the nineteenth sec- 
 tion of chapter one hundred and fifty-eight of the Code of Virginia- 
 be amended and re-enacted so as to read as follows: 
 
 Twelfth circuit " § 19. In the twelfth circuit : For the county of Warren, on the 
 twenty-fifth day of March and twenty-fifth day of August; for the 
 county of Shenandoah, on the thirtieth day of March and the thir- 
 tieth day of August ; for the county of Page, on the eighth day of 
 April and the eighth day of September ; for the county of Hardy, on 
 
CIRCUIT COURTS. ORDERS OF PUBLICATION. 39 
 
 the eighteenth day of April and eighteenth day of September; for 
 the comity of Pendleton, on the twenty-seventh day of April and 
 twenty-seventh day of September; for the comity (if Highland, on 
 the second day of May and the second day of October ; for the county 
 of Rockingham, on the eleventh day of May and the eleventh day of 
 ( ►otober." 
 
 2. This act shall be in force from its passage. Commencement 
 
 Cii w. 14. — An ACT changing the time of holding the Courts in the fifteenth 
 
 Judicial Circuit. 
 Passed Aprils, 1861. 
 
 1. Be it enacted by the general assembly, that the act passed Act of 1860 
 February twenty-ninth, eighteen hundred and six™, entitled an act 
 
 to change the time of holding courts in the fifteenth circuit, be 
 amended and re-enacted so as to read as follows : 
 
 " For the county of Clay, on the first day of April and September ; Fifteenth circuit 
 for the county of Nicholas, on tlie sixtli day of April and September; 
 for the county of Webster, on the fourteenth day of April and Sep- 
 tember; for the county of Raleigh, on the third Monday in April 
 and September; for the county of Wyoming, on the fourth Monday 
 in April and September; for the county of Logan, on the first Mon- 
 day after the fourth Monday in April and September; for the county 
 of Boone, on the second Monday after the fourth Monday in April 
 and September; for the county of Mercer, on the twentieth day of 
 May and October; for the county of Giles, on the twenty-seventh 
 day of May and October: for the county of Fayette, on the Seventh 
 day of June and November." 
 
 2. This act shall he in force from and after the first day of August Commencement 
 
 next. 
 
 Chap, 15, — An ACT authorising the < the Supreme Court and die 
 
 District Courts erf Appeals to take Ordera of Publication in Vacation. 
 
 binary 18, iffil. 
 
 1. Be it enacted by the general assembly, that when by the return wi.. n . 
 of any officer of process Lamed to answer any appeal or rap rot d< as Cetmed 
 now pending, or which may be hereafter pending in the supn 
 court of appeals, ox in the district courts ol app< all In this common- 
 wealth, or when from affidavits filed with either of the olerki of said 
 courts, it shall appear that the appellee or defendant in any such 
 appeal or supersedeas i- a non-resident of this commonwealth, or 
 
40 CHANGES in t ODE. 
 
 that tin- nanus OX place of residence of BUch parties are unknown. 
 .-.i thai process cannot he served upon them, it shall ami may be 
 lawful for the clerks of either of BUOh courts in vacation, upon appli- 
 on, to lake ami is>ue. on the first Monday in any month, an order 
 of publication against such absent or unknown parties, requiring 
 them to appear on a certain day to lie designated in said order, then 
 and there to answer the said appeal or supersedeas, and to have a 
 rehearing of the whole matter therein contained. 
 
 H m published 2. Be it further enacted, that a copy of such order id' publication 
 shall he inserted for four weeks in some newspaper to he named 
 therein, and posted at the door of the courthouse of such courts; 
 and when it shall appear that said order of publication has been 
 duly published and posted as aforesaid, the said courts may proceed 
 to hear and decide such causes in the same manner as if the said 
 parties had been personally served with process : provided. ho\\c\er. 
 that the order o#publicat ion shall have been executed as aforesaid 
 at least thirty days before the day on which any such case may be 
 called for trial. 
 
 a< '.i. This act shall be in force from its passage. 
 
 Chap. l(i. — An ACT amending and re-enacting the firsl section of chapter 
 198 of the Code, edition of I860. 
 
 Passed April 1, 1861. 
 
 1. Be it enacted by the general assembly, that the first section of 
 chapter one hundred and ninety-eight of the amended Code of Vir- 
 ginia for eighteen hundred and sixty, shall lie amended and re-en- 
 acted so as to read as follows : 
 
 iclnded "§ 1. A free person, who shall keep or exhibit a gaming table, 
 bit'edganu'" commonly called A 1! C, or E table, or faro bank, or keno table, 
 or table of the like kind, under any denomination, whether tin- game 
 or table be played with cards, dice or otherwise, or who shall be a 
 partner, or concerned in interest in the keeping or exhibiting such 
 table or bank, shall be confined in jail not less than two nor more than 
 twelve months, and be lined not less than one hundred nor more than 
 one thousand dollars. Any such table or faro bank, and all the 
 money, stakes or exhibits to allure persons to bet at such table, may 
 be seized by order of a court or under the warrant of a justice; and 
 the money so seized, after deducting therefrom one-half for the per- 
 son so making the seizure, shall be forfeited, as is prescribed in the 
 twenty-fourth section of chapter fifty-one, in respect to the forfeiture 
 declared by that chapter, and the table and faro bank burnt." 
 
 Commencement 2. This act shall be in force from its passage. 
 
CHANGES IN CODE. 41 
 
 Chap. 17.— An ACT to amend the 23d section of the 61sl chapter of the 
 Code, entitled "Of Works of Internal improvement." 
 
 Passed March L8, 1861. 
 
 1. Be it enacted by the general assembly, that section twenty- Code amended 
 
 throe of chapter sixty-one of the Code is hereby amended and re- 
 maned BO as to read as follows : 
 
 " § 23. A collector of tolls for any company may refuse to lei any Toll to bo paid 
 
 person or thing pass on the company's work until the toll he paid; 
 
 and the collector or other authorized officer of the Albemarle and What officers 
 
 , , may examine on 
 
 Chesapeake canal company, the Dismal Swamp canal company, the. 
 
 Chesapeake and < >hio, and Alexandria canal companies, may examine 
 upon oath or affirmation any person having charge of any vessel, 
 merchandise or thing subject to tolls or compensation, for the pur- 
 pose of ascertaining the quantity or amount thereof; for which pur- 
 pose such collector OI other officer may administer an oath or affir- 
 mation : and any person answering falsely upon such examination, What penalty 
 shall be liable to prosecution and punishment for perjury, as provided B wering 
 by law. If any person or thing pass the toll gate or other place for 
 payment, without paying Or tendering the toll, such person, or the 
 owner or person in possession of such thing, shall forfeit to the com- 
 pany ten dollars. And the like forfeiture shall be incurred where 
 any person or thing subject to the toll of a turnpike company, is 
 •1 through any private gate, bars or fence, for the purpose of 
 
 evading the payment of the toll. Any such collector knowing of a Duty of collee 
 
 ... ,• -i • • i ii ■ t " , i • t ., tor as to viola- 
 
 violation ol this section, shall immediately make it known to the pre- t ion of act 
 
 sident or one of the directors. If he fail to do so, he shall forfeit to 
 the company twenty dollars; which may, if so much of his compen- 
 sation remain unpaid, be deducted therefrom." 
 
 2. ThU act shall lie in force from its passage. Commencement 
 
 Chap. 18.— An ACT to amend the 1'tli section <>f chapter 109 of the 
 Code of Virginia, si cond edition. 
 
 I March 30, 1861. 
 
 I. Be it enacted by the general assembly, thai the fifteenth see- Code amended 
 tion of chapter one hundred and nine of the Code <d Virginia be 
 amended and re-enacted so u to r< ad u foil" 
 
 "§ l."). When a decree tor a separation forever or for a limited b 
 period shall have been pronounced in a suil for a divorce from bed 
 
 and board, it may be revoked at any time thereafter by tin same 
 court by v\hich it was pronounced, under such regulations and fl it 
 
i'2 
 
 CHANOE8 IN CODE. 
 
 turns as tin- curt nay impose, upon the mint application of the par- 
 t i < • s : ;in<l apon their producing sati s fa c tory evidenoe of their recon- 
 ciliation, and when a divorce Brom bed and board 1ms been decreed 
 for abandonment or desertion, and five jrean shall have elapsed Brom 
 the abandonmenl <>r desertion without such reconciliation, the court 
 may. npon the application of the injured party and the production of 
 aotoij evidence, whether taken theretofore, <>r in%npport of 
 Bach application, decree a divorce Brom the bond of matrimony: 
 provided the court shall be of opinion thai such a decree would have 
 
 been proper when the decree from bod and board was pronounced, 
 had five yean then elapsed and the whole evidenoe adduced upon 
 said application boon before the court, and that no reconciliation is 
 
 probable." 
 
 How divorcr a 
 vinculo m:«y 1m- 
 inn] during :i 
 
 Proviso 
 
 Commencement 2. This act shall l>c in force from its passage. 
 
 Chap. 19.— An ACT to amend the 1st section of chapter 149 of the Code 
 of Virginia relative to the Limitation of Suits, bo as to limit the right 
 to make an Kniiy or bring an Action to recover Land West of the 
 Alleghany Mountains. 
 
 Passed March 27, 1861. 
 
 Code amended 1. Be it enacted by the general assembly of Virginia, that the first 
 section of chapter one hundred and forty-nine of the Code of Vir- 
 ginia, passed in the year one thousand eight hundred and forty-nine, 
 be amended and re-enacted so that the same shall be as follows: 
 
 Time within "§ 1. No person shall make an entry on, or bring an action to 
 
 may be brought recover any land lying east of the Alleghany mountains, but within 
 fifteen years, or any land lying west of the Alleghany mountains, but 
 within ten years next after the time at which the right to make such 
 entry or bring such action shall have first accrued to himself, or to 
 some person through whom he claims." 
 
 Actions now 
 pending not 
 affected 
 
 2. Nothing in this act shall affect any action now pending, or pre- 
 vent the making of any entry or bringing of any action within two 
 years next after the passage hereof; but every such action now 
 pending, and every such entry or action that may hereafter be made 
 or brought within the last mentioned time, shall be governed by the 
 law existing immediately before the passage hen of. 
 
 Commencement 3. This act shall be published for sixty days in two newspapers 
 printed in the city of Richmond. 
 
CHANGES IN CODE. 43 
 
 ClTAr. 20. — An ACT to amend chapter 108 of the Code, concerning Births, 
 
 Marriages and Deaths. 
 
 PBSBed March L5, 1861. 
 
 1. Be it enacted by the general assembly, that the fourteenth Code amended 
 section of chapter one hundred and eight of the Code of Virginia, 
 
 edition nf eighteen hundred and sixty, shall be amended and re- 
 enacted 60 as to read as follows : 
 
 "§ 14. It shall he the duty of every clerk issuing a marriage Duties of dorks 
 license, to ascertain from the party obtaining the same, nnd to make licenses 
 a record thereof, before delivering the said license, as near as may 
 be, of the time and place of the proposed marriage; the full names 
 of both the parties; their respective ages before marriage: whether 
 they are single or widowed ; the places of their birth and residence; 
 occupation of the husband, and of the names of their parents, unless 
 for good cause the clerk deem it expedient to omit the names of their 
 parents. Such license shall be signed by the clerk, and shall be in 
 the following form, mutatis mutandis : 
 
 'County (or city) of , to wit: Form of lie 
 
 To any person licensed to celebrate marriages ! 
 
 You are hereby authorized to join together, in the holy 
 state of matrimony, according to the rites and ceremonies of your 
 church or religious denomination, and the laws of the commonwealth 
 of Virginia, and 
 
 Given under my hand as clerk of the county (or corporation) court 
 of the county (or corporation) of this day of 
 
 in the year one thousand eight hundred and .' 
 
 The clerk, at the time of issuing the license, shall not only make Reoordof fecta 
 
 a complete record, in a well bound book, of all matters in this Bee- clerk 
 
 tion required to be ascertained by him, but shall annex to the said 
 
 license a certificate showing the time of the proposed marriage; the 
 
 place proposed therefor; the age of the proposed husband: his place 
 of birth: the condition of the parties before marriage (whether 
 widowed or single) : the place of the proposed husband's residence, 
 
 and his occupation: the names of his parents; the age of the pro- 
 posed w ife : her place of birth ; her condition before marriage (whe- 
 ther widowed or single) ; her residence, and the Dames of her parents. 
 The minister oelebrating such marriage shall, within ten dayi there- Duty of minister 
 
 after, return the said license to tl ffioe of the clerk who LMUed the 
 
 same, with an endorsement thereon of the fa< t of such marriage, and 
 the time and place of celebrating the same." 
 
 2. The fifteenth section of the same chapter shall be amended 
 and re-enacted so as to read as follows: 
 
 "§ 15. Th« clerk to whom such license ind certificate shall be i' 
 returned, Shall file and pi wane the BSjBM in his office, and within'" 
 
44 
 
 CHANGES IN ( ODE. 
 
 certificate of 
 minister 
 
 Oopy of 
 to )"• trans- 
 mitted to am- 
 
 (liti'V 
 
 r of 
 births and niar- 
 to be 
 
 transmit t • '1 to 
 auditor 
 
 Penalty ou 
 
 clerk 
 
 tw. my days after reoeiTing tin- same, reoord a lull abstract thereof 
 in his register of marriages. Betting oat, in oonveniertl talmlm- form, 
 all the circumstances Btated in said license, and the minister's certi- 
 ficate, ami the name of the person signing the certificate, and make 
 an indei of the names of both of the parties married; which may be 
 done by adtliti.ni>. in appropriate columns, to the reoord made at the 
 time of issning the licensi 
 
 3. The twenty-sixth section of the same chapter shall be amended 
 aiitl re-enacted so as bo read as follows: 
 
 "§ •.'<;. < in or before the first day of March in each year the olerk 
 of every county or corporation court shall transmit to the auditor of 
 public accounts a copy of his register of marriages, ami so much of 
 
 bis reoord taken at the time of issuing such licenses, as is nut con- 
 tain, il in hi< said register of marriages, which Mas taken by him 
 within the year next preceding tin first day of January, distinguish- 
 ing, by appropriate oolnmns or notes, the licenses issued on which 
 
 the minister's certificate of marriage has not been returned, and the 
 licenses containing such certificate, lie shall also, on or before the 
 first day of July in each year, transmit to said auditor a copy of his 
 register of births and register of deaths happening within said year 
 eliding the first of January next preceding. If the commissioners of 
 the revenue have not returned a list of births and deaths in the form 
 to be furnished them, and in the manner prescribed by the auditor of 
 public accounts, so as to enable the clerk to make up a record, such 
 clerk shall nevertheless certify that no returns have been made to his 
 office. For tin 1 failure to perform any duty required by this section, 
 Such clerk so failing shall forfeit not less than one nor more than live 
 hundred dollars." 
 
 Commencement. 4. This act shall be in force from its passage. 
 
 CHAP. 21. — An ACT changing the Names of the Lunatic Asylums. 
 
 Passed March 26, L861. 
 
 i 1. Be it enacted by the general assembly, that the second section 
 of the eighty-fifth chapter of the Code of Virginia (edition eighteen 
 hundred and sixty) be amended and re-enacted to read as follows: 
 
 Nameg of luna- 
 tic a-vlums 
 
 " § 2. The directors for the asylums at Williamsburg, at Staunton 
 and at Weston, shall continue to be corporations, but instead of their 
 present names, shall hereafter have the names, respectively, the first, 
 of the Eastern lunatic asylum ; the second, of the Central lunatic 
 
 asylum; and the third, of the Northwestern lunatic asylum." 
 
 Commencement 2. This act shall be in force from its passage. 
 
CHANGES IN CODE. — COUNTY OF BLAND. 15 
 
 Chap. 22. — An ACT to increase the Pay of the Commonwealth's Attor- 
 ney for the Circuit Court of Ohio County. 
 
 ! March 88, 
 
 1. Be it enacted by the genera] assembly, that the seventh section code amended 
 of the one hundred and sixty-fifth chapter of the Code of Virginia 
 he amended and re-enacted so as to read a^ follows: 
 
 "§ 7. Such attorney in any county or corporation court, shall be Compensi 
 allowed by the court such gum as it deems reasonable, for public ser- county' 
 vices (for which no other fee or reward is allowed bylaw); which P oratfoa ««"*■ 
 shall be chargeable to such county or corporation ; and in the circuit in circuit conrti 
 court, shall be allowed by it, when the attorney has no annual salary, 
 such sums as it deems reasonable, not exceeding in one year one 
 hundred and fifty dollars in tli* circuit courts of the county and city 
 of Norfolk, and one hundred dollars in any other circuit court : ex- 
 cept that the attorney for the circuit court of Richmond city shall 
 hereafter receive annually the sum of one thousand dollars ; and ex- 
 cept also, that the attorney for the commonwealth for the circuit 
 court of Ohio county shall hereafter receive annually the sum of 
 seven hundred and fifty dollars; to be paid half yearly, as the pre- 
 sent allowance is directed to be paid; and except also, that the county 
 court of said county shall hereafter allow for the services of the at- 
 torney for the commonwealth in said court, such sum as said court 
 may deem reasonable, so that the Bame shall not exceed the sum of 
 three hundred dollars per annum." 
 
 -'. This act shall be in force from its passage. Commencement 
 
 !3.— An At IT to establish the County of IMand out of parts of Giles, 
 Wythe and Tazewell. 
 
 I. Be it enacted by the general assembly, that so much of the Boundaries of 
 COtmties of Wythe, Tazewell and Giles, as is contained within the Bland.™ 11 * 
 following lines, to wit — beginning on the top of Walker's Little 
 mountain, at the line between Wythe and Pnlaski, and running 
 northwards with said line of Pnlaski, to the top of Walker's Big 
 mountain : thence eastward along the top of said lar-t mentioned 
 mountain, to a point opposite the mouth of Kimberling creek : thence 
 by a line northv ing through the mouth of said Kimberling 
 
 oreek, to a point on the top of the mountain, which lies south of Wolf 
 
 ere. !,. three ml] tuntj line b. Iv. .-. D I 
 
 v II counties; thence to a point on the I river moun- 
 
 tain. tWO mile t canty line between Griles and 
 
4G OOUB rv 01 1U.AND. 
 
 Tasewell, m a> t • • include '''•• homestead of Madi-on Allen, and his 
 lands adjoining thereto; tfaenoe with the top of said East river 
 mountain, westward, to ■ poinl two milea weel of George Bteel'i 
 bouse, "ii Clear fork; thence aoroH and by ■ line as near as may be 
 at right anglea to the oouraeof the valley between, to the top of 
 Rich mountain, and westward, along the top of said ELiob mountain, 
 so far as to include the Bettlemenl on Wolf croo k : thence serosa the 
 top <>f Garden mountain; thence along the top of the said Garden 
 mountain, to a poinl through which the line between Wythe and Smyth 
 would pass if prolonged; thence by said prolonged Line, to the Bald 
 line between Wythe and Smyth, and by the said last mentioned lino, 
 tn the top of Walker's Big mountain : thence eastward, with the top 
 
 Of aid Walker's Big mountain, tn a point opposite the head waters 
 
 of Walkers Little creek ; thence across to the top of Walker's Lit- 
 tle mountain : thence with the top of said mountain, eastward, to the 
 
 beginning— be and the same is hereby established as a new county; 
 which shall he known by the name of Bland. 
 
 OommJggionera 2. The following persons, James W. English of the county of 
 
 bniidingi ' Giles, Samuel Cecil of the county of Tazewell, and Robert Gibbo- 
 
 ney of "the county of Wythe, any two of whom may act, shall he and 
 are hereby appointed commissioners to select the site for a court- 
 house, jail and other public buildings lor said county of Bland, and 
 
 w],ii to UK-it are hereby required to meet, within the limits of said new county, 
 on the second Monday in April next, or within ten days thereafter, 
 and within ten days after their meeting, ascertain and determine at 
 what point or place within tin 1 limits of said new count}-, it is most 
 suitahle and proper to erect a courthouse, and such other necessary 
 public buildings and fixtures as the convenience of the county re- 
 quires, under existing laws, tor holding courts and conducting Imsi- 
 ness incident thereto ; and shall lay oil', in the most convenient form, 
 a lot or lots of land for that purpose, not exceeding two acres in 
 
 Their report quantity, ami shall ascertain the value thereof; whereupon, the said 
 commissioners, or a majority of them acting in this behalf, shall 
 make their report in writing to the county court of said Bland 
 county, when organized, of the manner in which they shall have 
 executed the duties required of them hy this act. and of their pro- 
 ceedings in relation thereto, designating the point or place agreed 
 Upon, the value of the lot or lots of land, and name or names of the 
 owners thereof; ami the place so ascertained and determined upon 
 by the said commissioners, or a majority of them, shall he the per- 
 manent place for holding the courts of the county of Bland, now 
 required hy law to he hidden for the several counties of this com- 
 
 Oonnty court to monwcalth. And the court of the county of Bland shall thereupon 
 
 meat of Lam^&c pi'ovide for the payment of the valuation of said lot or lots of land so 
 ascertained, in the manner now required by law, where lands shall 
 not he already provided and appropriated for that purpose. 
 
COUNTY OF BLAND. 47 
 
 3. The commissioners shall be allowed a compensation, each of Compensation of 
 
 three dollars per diem for their services aforesaid, to be provided for 
 by county levy made in the said county of Bland. 
 
 4. The following persons, to wit, John W. Tracy, Jesse Justice, CommiMionen 
 
 Joseph Fanning, John Mustard, Thoimis Shannon, (Jeorgc Robinet county, Ac 
 and Isaac Kegley, are hereby appointed commissioners, to meet on 
 the land indicated by the commissioners named in the second section 
 of this act, for the erection of the courthouse of the county of Bland, 
 on the third Monday in April next, or within five days thereafter, 
 and lay off the said county of Bland into four magisterial districts, 
 select points at which elections shall be holden in each district, and 
 appoint for each a conductor and five commissioners, any three of 
 whom may act, to superintend the elections to be holden fur the said 
 county of Bland, on the fourth Thursday in May next. 
 
 5. It shall be the duty of all persons residing within the limits of offir-ors of 
 the said county of Bland, who are new entitled to vote for members and by'whom 
 of the general assembly, to attend at the respective election precincts, e c 
 
 so selected by the commissioners aforesaid, on the fourth Thursday 
 in May next, and elect a sheriff, a clerk of the county court, a clerk 
 of the circuit court, a commissioner of the revenue, a commonwealth's 
 attorney and a surveyor for the said county of Bland. And the 
 voters residing in each magisterial district shall elect for that district 
 four justices of the peace, one overseer of the poor, and one consta- 
 ble. The election of the justices of the peace shall be certified to 
 the governor of this commonwealth by the several conductors and 
 commissioners conductiutr and superintending said elections, who, Duties of 
 after they shall be commissioned and qualified according to law, shall J 
 meet on the lands selected for the public buildings of said county, on 
 the fourth Monday in the next month after that in which tiny shall 
 be so commissioned, and a majority of them being present, shall fix 
 upon a place in said county of Bland for holding the courts of said 
 comity until the necessary buildings shall be constructed on the site 
 nated by the commissioners aforesaid. 
 
 <;. The said justices shall, at the fust term of the county court of Presiding jup 
 said county, choose one of their own body, who shall l>e presiding 
 justice of tlie county court, and whote duty it shall be t«. atfc 
 term of said court. 
 
 7. The commissioners and conductors of the i aforesaid Election of 
 
 shall certify to the said county court of Bland, at its fir:-t term, or 
 some subsequent term, u soon ;i- practicable, the election of - 
 clerks of the county and circuit courts, commonwealth's attorney. 
 surveyor and comm one. who shall, after ha-. 
 
 pi\en bonds and -'entity, ami being qualified aooording to law. entet 
 upon a d, the duties of their ■ 
 
1- my Of r.i.vxn. 
 
 Crtmmi- B. i I • mi of offioe of the commissioner of the revenue f«>r Ate 
 
 1 county of Bland shall commence on die firsl day of February 
 eighteen hundred and sixty-two; and the oommisaioners of the reve- 
 nne for the oountiesof Giles, C ell and Wythe are hereby re- 
 quired each to discharge the duties of hia offioe in the limits i 
 much of said new county as was taken from hi* county, for th< 
 
 < , onimi- _ i ■ 1 1 • » ■ 1 1 hundred and sixty-one. and are hereby directed each to 
 
 . ep the lieta taken by him in tile said county of Bland, Beparate 
 
 il ■! distincl from tin- li>ts of hi< own enmity, ami make- return of 
 
 • them in the manner now provided by law, in the Bame mannei 
 
 appointed commissioner of the revenue fur the said county of Bland. 
 
 iiuota, 9. And it Bhall be the duty of the Beoond anditor to reapportion 
 tin- fixed and Burplus school quotas of th<' oountieB of Giles, I 
 well and Wythe for tin- next fiscal year, between Baid oountu 
 Bpeotively, and the nem county of Bland, agreeably to the number 
 of white tithables which may be returned therein by the commis- 
 sioners of the revenue tor eighteen hundred and sixty-one. 
 
 Dutiosof sheriffs 10. il shall lie tile duty of tile sheriffs respective ly of the counties 
 
 tie of Giles, Tazewell and Wythe, to collect ami make distress for any 
 public dues or officers' fees which may remain unpaid by the inhabi- 
 tants of the portions of said county taken respeotivi ly from the said 
 oountiesof Giles, Tazewell ami Wythe, at the time when this act 
 
 shall commence and he ill force; and they sliall each he accountable 
 for the same in like manner as if this act had never passed. 
 
 Courts of Mid il. The courts of the counties of Giles, Tazewell and Wythe 
 jurisdiction shall respectively retain jurisdiction of all actions and suits depend- 
 ing before them on the fourth Monday in duly next, and shall try 
 anil determine the same, and award execution thereon, except cases 
 wherein both parties reside within the new county : which, together 
 with the papers, shall after that day he removed to the courts id' the 
 
 count}- of Bland, ami there he tried and determined. 
 
 County <■(• 12. The said county of Bland shall he in and attached to the six- 
 
 Bland attached ....... . " , , . . , 
 
 Indicia] teenth judicial circuit ; and the circuit court thereol shall he holden 
 on the third Monday after the fourth Monday in April ami September 
 in every year; and the first circuit court for the county of Bland 
 shall he holden on the third Monday alter the fourth Monday in Sep- 
 tember next. 
 
 i 13. The persons Subject to militia duty within the limits of said 
 to be formed 7 ' county of Bland, shall hereafter constitute a separate regiment, to 
 Into a regiment ^ -ganized according to existing laws, and attached to the twenty- 
 fifth brigade. 
 
 Senatorial, eon- 14. The respective portions of said county of Bland, taken respec- 
 gresslona] ami . e , * r 
 
 electoral dis- tively trom the counties of Giles, Tazewell and Wythe, shall remain 
 
COUNTY OF BLAND. 49 
 
 attached to the electoral, congressional and senatorial districts respec- triets, vote for 
 
 • ,...-ii • n .• .-ill a members of tin- 
 
 tively to which said last mentioned counties respectively belong, and boom of dele 
 shall vote with said last mentioned counties respectively tor a nieni- Ra r 
 her or members of the house of delegate.-. 
 
 15. The county courts of said county shall he holden on Thursday When oouatj 
 after the second Monday in each month, and the courts of quarterly bold 
 sessions of the said county of Bland shall he holden in the months 
 of February, May, July and Octoher. 
 
 16 The surveyor hereafter elected for the county of Bland in the Duty of mi 
 mode prescribed by law, together with the surveyor of Wythe, shall ***** 
 run and mark the lines between the said county of Bland and the 
 coterminous counties of Giles, Tazewell, Smith and Wythe, agree- 
 ably to the provisions of the seventh section of the forty-seventh chap- 
 ter of the Code of Virginia. 
 
 17. Be it further enacted, that the citizens of the parts of Wythe Road loriet 
 and Giles counties embraced in the boundaries of the said county of 
 Bland, shall not be exonerated from, hut shall continue to he liable 
 
 for the payment of levies and taxes for roads already constructed in 
 said counties respectively, as if the said county of Bland had not 
 been formed. 
 
 18. Be it further enacted, that the citizens of that part of Taze- Roa.) levies 
 well county which shall he embraced in the said county of Bland. 
 
 shall not he exonerated from, hut shall he still liable for the payment 
 
 of levies and taxes for roads constructed or under contract in that 
 
 part of laid county of Bland taken from said county of Tazewell, as 
 
 if said county of Bland had not "heeii formed, and that said taxes and 
 
 levies shall be collected by the sheriff of Bland county. And the wiutoovtato 
 
 county courts of the said counties of Wythe, Giles and Tazewell '"•' rna '' ' 
 
 respectively, are hereby authorized to lay the levies for the pnrpo 
 
 aforesaid, at the time of the levying the taxes r« speotively by them 
 
 upon the citizens of their counties. 
 
 1ft. The commissioners appointed by this act to lay off the said pay of eom 
 
 county into magisterial districts, shall each be allowed two dollars f or n,,,,s " >n * ,r » 
 
 eve r\ day tiny shall he actually engaged in the duties afon said, to 
 he provided for and paid out of the county levy of said county. 
 
 SO. The fust county court for the county of Bland shall he hohhn Wfcaa fin«t 
 on the Thursday after the second Monday in .\u_u-t ie \t SSf*" 
 
 U. This act shall he in force from its passage. fommwi©«« 
 
• r ><> COUNTY OF WEBSTER. — COUNTY OF MCDOW1 
 
 < 11 m- -J i — \ i ; A « I ct forming tbe Coonfly 
 
 14, 1861. 
 
 I. B« it enacted by the general asncmhrr. that thn first Motion if 
 an act entitled an art fur forming a new county put of parts of Ni- 
 cholas, Braxton and Randolph, passed January tenth, eighteen liun- 
 dred :in«l sixtj . be amended and re-encu U <1 m as to ti ul as follows : 
 
 "§ l. Be it enacted by the general assembly, thai so mnoh of the 
 oounties ol Nicholas, Braxton and Randolph, as is contained within 
 the fallowing boundary lines, to wit beginning at the main fork of 
 the Little Kanawha river, above Raymond's mills: thence with the 
 right band fork of .-aid river, being the original line of Lewis and 
 Braxton counties, and now the line between Upshur and Braxton 
 counties, at the head of said right hand fork of Kanawha: thence ■ 
 straight line to the eastern corner of 1 1 1 « - lands of Abraham Buck- 
 hannon; thence a straight line to the Wnitaker ruck on Elk river; 
 thence a straight 1 in< -, by the way of Three forks of Qaulej riv< r, bo 
 the Pocahontas line, and with -aid line to s point opposite the mouth 
 of Stroud's creek : thence a line from the mouth of Stroud'.- creek to 
 the mouth of Sidles 1 creek on Big Birch river, so as to include the 
 hinds upon which John s. Morton. Thomas C. Morton. <;. \\ . Mor- 
 ton, Robert Morton. Edward Morton and L. C. Bedger live, in the 
 county of Webster; tin nee a straight line to the half way point on 
 Holly river: thence a straight line to the beginning— be and the same 
 is hereby established as a new- oountj ; which shall be known bj the 
 name of Webster." 
 
 OmmmmhmbI 2. This act shall he in force from it-- pa 
 
 i ii \r. 85. — \n ACT providing for (he Location of the Conrthonsi . Jail and 
 other Public Buildings of the County ol McDowell. 
 
 w, d m . . . •, ii 
 
 Prmniil'' Whereas the commissioners appointed by the second see! ion of the 
 
 act passed on the sixteenth daj of March eighteen hundred and 
 
 \, entitled an act to re enact and amend certain section: of the 
 
 act |i ..I February twentieth, eighteen hundred and ttftj eight, to 
 
 form the county of ICoDowell OUl of B part of the county of Taze- 
 
 weii. for the purpose of selecting a site for a courthouse, jail and 
 
 other public buildings for said county of McDowell, having failed to 
 meet upon the day appointed in said section: and it being doubtful 
 whether or not the organisation of the county l)c in conformity with 
 the law : And whereas the commissioners appointed by the second 
 
COUNTY OF MCDOWELL. 6 
 
 section of the act passed on the twentieth day of February eighteen 
 hundred and fifty-eight, did make such selection, but upon lauds the 
 
 legal title of which was vested in infants; ;md the commissioners ap- 
 pointed by the second section of the act passed on the sixteenth day 
 <>f March eighteen hundred and sixty, having made fl location, bnt 
 boI within the time prescribed by law : and the eitisens of the said 
 county being divided in sentiment in reference to each, it is advisable 
 that the people of the said county should make a location for them- 
 selves between the two points, to wit, the location made by the com- 
 ;oi toners under (lie act of the twentieth of February eighteen hundred 
 and fifty-eight, on clear fork in said county (but such location having 
 been made upon the lauds of minors as aforesaid, and consequently 
 unavailable, and as suitable a location existing only a short distance 
 from such location, viz: at the mouth of Jims' branch, on the said 
 Clear fork of Tug river), and the location made by the commission- 
 ers under the act of tic sixteenth of March eighteen hundred and 
 sixty, on Tug fork in said county : And whereas a suit at law is now 
 pending to decide whether the location made by the commissioners 
 under the act of March the sixteenth, eighteen hundred and sixty, 
 was legal or not : and it being probable that (lie present condition of 
 affairs will ensue in endless litigation: Therefore, 
 
 1. Fie it enacted by the general assembly, that so much of the Former act* 
 said act of the twentieth of February eighteen hundred and fifty- r ''"' 1 
 eight, and of the act of the sixteenth of March eighteen hundred and 
 
 sixty, as relates to the selection of a site for the courthouse jail and 
 other public buildings of the said county of McDowell, be and the 
 same is hereby repealed. 
 
 2. Be it further enacted, that at the election for members of the Election to be 
 genera] assembly to be held on the fourth Thursday in May next, a Honda? is May 
 
 poll shall be Opened at each precinct in said county, and the votes ol 
 
 rmirK 1 
 
 i"n 
 
 the qualified voters shall be recorded under the following h< ads, bo 
 
 wit: "For the location on Tug fork:" "For the location at the 
 
 mouth of dims" branch on < leaf fork :" " For the location at or near 
 
 Beedy spring on the Dry fork creek of Sandy, at the residence of 
 
 Malcolm Mi Niel ;" and a majority of such votes -hall determine the 
 
 point of location ; but should neither location obtain a majority of Location pc«- 
 
 said votes, then another election shall be In Id on the fourth Thurso 1 ruynnt 
 
 in dune following, at which second « lection the vote shall be b< tween !'■'.,./ 
 
 the tw<> ideations which have received the two highest nui 
 
 And thereupon, the OOUnty COUrt <•( -aid county shall forth- 
 with pr<i< . . for i aunty purpoai s, on 
 such h" ation : and | :. by autht 
 suitable pi nrvey and lay out the public foe nsfk 
 purpo 
 
 ;{. ball be in force from its passu 
 
52 
 
 VOLrXTAHY i:XSLAVEMBNT. 
 
 i'ii w. 98. — An ACT for the Voluntary Enslavement of Fm with- 
 
 out compensation to the Commonwealth. 
 
 How free per- 
 
 80DS of COlOI 
 
 may ii! 
 tuemmlv. - 
 
 Proccodiuga in 
 court 
 
 rasped March 28, 1861. 
 
 1. Be it enacted by the general mnomhly. that it shall be lawful 
 for free persona of color, or persona of color who have heretofore or 
 may hereafter be manumitted, to appear before die circuit court of 
 any county or corporation in which such free persons of color or ma- 
 numitted slaves may have resided for twelve months, and make ap- 
 plication thereto to select a master or mistress, and become slaves. 
 
 2. Upon the application of such free persons of color or manu- 
 mitted slaves before the circuit court of said county or corporation, 
 and the person they wish to choose as master or mistress, the court 
 shall proceed to examine each party separately, as well as such other 
 persons as said court may see lit. At any examination, the attor- 
 ney for the commonwealth shall be present and see that such exami- 
 nation is properly conducted, and that no injustice is done to the ap- 
 plicant. 
 
 Court may do- 3. If upon examination the court shall be satisfied that there is no 
 mcn^witliout fraud or collusion between the parties, and that there is no good rea- 
 X" 8 P ta n te Ui ° n t0 80n t0 the contrary, the court shall have the power to grant the ap- 
 plication, without any compensation to the commonwealth, provided 
 the court shall be satisfied that the person so chosen is of good cha- 
 racter: but the individual or individuals thus chosen master or mis- 
 tress, or some one for them, shall enter into bonds with approved 
 KegroeBnot to security, in such penalty as the court may prescribe, with condition 
 aWe"" charge ' that the said negroes shall not become chargeable to any county or 
 corporation in this commonwealth, and that the master or mistress 
 thus chosen shall pay the debts and liabilities of such negro or ne- 
 groes existing before, the enslavement : provided, that if at any time 
 thereafter such slave shall be convicted of any offence, for which by 
 law he or she shall be condemned to suffer death, or to be sold or 
 transported, the commonwealth shall not be liable to pay the owner 
 of such slave any portion of his or her value. But no such order 
 shall be made until the court shall be satisfied, by personal examina- 
 tion of the said negro, that he fully understands the nature and ob- 
 ject of the proceedings, and that the act on his part is free and .vo- 
 luntary. 
 
 How as to chil- 
 dren of en- 
 slaved negroca 
 
 4. Upon the enslavement of such mother having children, and if 
 there be no mother, then upon the enslavement of the father having 
 children, the master or mistress thus chosen shall be required to have 
 and to take the custody, control and services of such of the children 
 of said father or mother as are free, until the females arrive at the 
 age of eighteen, and the males at the age of twenty-one, and shall 
 pay for his or her services at the expiration thereof, so much and for 
 
POORHOUSES. 53 
 
 such years as the said court may order. For such payment, bond Bonds to be 
 shall be taken of the master in court, in such penalty and with such BV 
 surety as the court may deem sufficient. 
 
 5. The proceedings in such cases shall be entered of record, and Proceedings to 
 the property in said negroes as slaves shall, from the. time of such record 
 entry, vest in the person or persons chosen as master or mistress, 
 
 and his or her rights and liabilities and the condition of the appli- 
 cants shall in all respects be the same as though said negroes had 
 been slaves. 
 
 6. The master or mistress of any free negro heretofore voluntarily 
 enslaved shall have the same right to the custody, control and ser- 
 vices of any infant child or children, and upon the same terms as 
 herein before provided for, if any, of such negro so enslaved, as is 
 
 herein before provided for; but before the said master or mistress cinim to service* 
 
 - . rii'ii°f children to 
 
 shall be entitled to the custody, control and services ot such child or be entered of 
 children, he or she shall appear before a court of record, and make recor 
 claim to such custody, control and services ; which claim shall be en- 
 tered of record ; but if any such negro child has been heretofore now as toehil- 
 
 . , _ . . . dren who have 
 
 bound out by the overseers oi the poor ot any county or corporation, been bound out 
 the articles of indenture shall in no wise be affected hereby. 
 
 7. All acts and parts of acts inconsistent with the provisions of Aetglncongta- 
 
 tent herewith 
 
 this act are hereby repealed. repealed 
 
 8. The cost of the proceedings shall be paid by the master or mis- Costs, how paid 
 tress. 
 
 9. This act shall be in force from its passage. Commencement 
 
 Chap. 87. — an ACT to provide more efficient Police Regulations al the Poor- 
 honsea in tins Commonwealth. 
 
 I January 31, LB6L 
 
 l. Be it enacted by the general assembly, that the county court. Row mi 
 
 01 the judge of the eireuit court of any county in which any poor- Bpp oint< 
 house may be located, may, upon the application of any superinten- r° ornonM 
 dent of any Mich poorhouse, or satisfactory evidence, founded on the 
 
 information of others, that it is necessary, appoint some citizen of the 
 eoimiionw' alth conservator of the peace, whose jurisdiction shall ex- .Tnriwlictlon 
 
 tend over the grounds attached to snob ] rhouee, and not exceeding 
 
 one mile beyond the same, as shall be prescribed by the order ap- 
 pointing said conservator. 
 
 J. This act shall !"• in force from and after its passa. .mmrfwtit 
 
!>i:r.\l I.TIN". SHKKIFFS. — ERRONEOUS ASSESSMENTS. 
 
 Chat. 98. — An ACT authorising the Auditor of Public Accounts to n 
 the Sureties of Defaulting Sheriffs from the payment of damages in cer- 
 tain cases. 
 
 ii '>i, isr,j. 
 
 when wenritiei I. Be it enacted by the general assembly , thai in all cases in which 
 V'ti- in tin* commonwealth has obtained judgmenl againsl the sureties of any 
 sheriff or their personal representatives, apon satisfactory proof that 
 Buch Bheriff is insolvent and unable to pay the whole or any part of 
 Buoh judgment, the auditor of public aooonnta may and is hereby au- 
 thorized to release, in behalf of the sureties or their personal repre- 
 sentatives, the damages included in the judgment, or the damages on 
 80 mudh of the money as they may have paid: provided, however. 
 
 When Judgmenl that in BUch eases the damages aforesaid shall not be released, unless 
 
 the residue of the judgment be paid and discharged on or before the 
 
 first day of October next : and provided further, that in no ease shall 
 the .judgment against the sherilf be affected by this act : nor shall 
 any deputy sherilf. whether he be surety for such sheriff or not, be 
 released from the payment of any damages which may be recovered 
 against him. 
 
 to be paid 
 
 Sheriff or de- 
 puty not to be 
 
 Commencement 2. This act shall be in force from its passage. 
 
 Act of 1860 
 amended 
 
 Chap. 29. — An ACT to amend the 102d and 10:W sections of an act passed 
 March HO, 18G0, entitled an act for the assessment of Taxes on Persons 
 and Property. 
 
 Passed March 12, L861. 
 
 I. Ik- it enacted by the general assembly, that the one hundred 
 and second and one hundred and third sections of an act passed 
 March thirtieth, eighteen hundred and sixty, entitled an act for the 
 assessment of taxes on persona and property, be and the same are 
 hereby amended and re-enacted so as to read as follows : 
 
 iiow party 
 aggrieved may 
 obtain redrew 
 
 Attorney for 
 oemmonwealtb 
 
 to be present 
 
 Commissioners 
 in be examined 
 As to party 
 heretofore 
 aggrieved 
 
 " § 102. But any person aggrieved by any entry in either book, or 
 by any assessment of a license tax, may, within two years after the 
 date of the clerk's certificate, where the entry is in either book, and 
 within two years from the assessment of said license tax, apply for 
 relief to the court in which the commissioner gave bond and quali- 
 fied. The attorney for the commonwealth shall defend the applica- 
 tion: and no order made in favor of the applicant shall have any 
 validity, unless it be stated on the face thereof that such attorney 
 did so defend it, and that the commissioner was examined touching 
 the application : provided, that any person who has been heretofore 
 aggrieved by any entry or assessment as aforesaid, and failed to ap- 
 ply to the court having jurisdiction thereof, within the time pre- 
 
FORFEITED AND DELINQUENT LANDS. if 
 
 scribed by law, may apply to such court within two years from tho 
 passage of this act, and be relieved as if said application had been 
 made within the period aforesaid. 
 
 " § 103. If the court be satisfied that the applicant is erroneously How relief 
 charged in such book, or so assessed with any taxes on licenses, it gn 
 shall certify the facts upon which it grants relief, and shall order that 
 the applicant he exonerated from the pa\ nient of so much as is erro- 
 neously charged, if not already paid, and if paid, that it lie refunded 
 to him. A copy of which order and certificate of facts shall, within 
 ten days after the entry thereof, be transmitted by the clerk of the 
 court to the auditor of public accounts; and on failure thereof, he Penalty on elerk 
 shall forfeit double the amount so erroneously charged; to be re- 
 covered on motion, or by information, in the county, corporation or 
 circuit court of the county, city or town : provided, when the appli- Notice to attor 
 cation is to the countj' court, the party applying for relief shall give monvrealtfc 
 to the attorney for the commonwealth for said county ten days' notice 
 of his intended application: provided, however, if the court shall How, If error 
 be of opinion that the error asked to be corrected was committed by commissioner 
 the neglect or carelessness of the commissioner of the revenue, the 
 court may render judgment against said commissioner for the costs 
 of the application." 
 
 2. This act shall be in force from its passage. < ommeaoemeol 
 
 Chap. 30. — An ACT to enforce payment of Balances due from Ceinmissioncrs 
 of Forfeited and Delinquent Lands. 
 
 Passed March 12, 1861. 
 
 1. Be it enacted by the general assembly, that the auditor of public Duty of auditor 
 accounts shall cause to be collected of the commissioners of forfeited 
 
 and delinquent lands, any balances due from them for lands sold by 
 them as Mich commissioners under the orders and decrees of any of 
 the circuit courts of the counties west of the Alleghany mountain* 
 
 2. And be it further enacted, that opon the failure of any such TJfcoa failure, 
 commissioners to pay such balances, with the proper interest thereon, il!.'",^"!,,"^" 7 
 
 into the treasury, it shall lie the duty of the auditor t<i cause .-nits to When brought 
 he instituted in the circuit courts of tin' counties in which such 0OM- 
 
 missionen may hare been appointed, against such commissioi . 
 
 and their sureties, so in default, his or their perSODal l <-|«i < Miitat,' 
 
 for the recovery of iaofa balance ami into re il at aforesaid. Said pro- ivoroodingt 
 oeedings may be instituted by amotion in said court; but at h 
 
 thirty days' notice shall he given to tin- parties against whom such 
 motion shall he made] and shall be served ill the manmr now re- 
 quired by law for the m nice of m>hc. %, And it shall be the duty of Duty of ooun 
 
56 
 
 COMMISSIONERS OF REVENUE. SECOND EDITION OF CODE. 
 
 Aiiu.iiiit to DC 
 
 paid to tin- 
 eradM of the 
 Literary fund 
 Proeeedingi as 
 against ihertffl 
 flu 
 
 sm li court to ascertain or cause to DO ascertained the amount for 
 which BOOfa commissioner may. or may liave boon liable for as such 
 commissioner, together with the interest thereon, ami render a judg- 
 ment in the name and favor of the commonwealth, against the parties 
 M Drought ltefore the court by BUOh notice; wliicli shall be collected 
 and paid into the treasury, to the credit of the Literary fund. The 
 proceedings in all other respects shall lie the same as in proceedings 
 Bgainsl shcrilVs and other officers in default to the commonwealth : 
 and the right of appeal shall be the same. 
 
 commencement 3. This act shall be in force from its passage. 
 
 CHAP. 31. — An ACT allowing persons elected Commissioners of the bYve- 
 nuc at the last general election, and who failed to qualify within the time 
 pp scribed by law, to qualify as such, in certain cases! 
 
 Passed January 1C, 1861. 
 
 When comity 
 rntirtB may 
 allow commiB 
 ■toners to 
 qualify 
 
 1. Be it enacted by the general assembly, that it shall be lawful 
 for the county courts of this commonwealth to allow the persona 
 elected as commissioners of the revenue at the last general election, 
 and who failed to qualify as such within the time prescribed by the 
 law passed March thirtieth, eighteen hundred and sixty, to qualify and 
 give bond as required by the said law, within thirty days after the 
 Limitation as to passage of this act: provided however this act shall have no effect in 
 such counties where the said office has been declared vacant, and a 
 writ of election ordered to supply said vacancy. 
 
 Provision as to 
 bond* of com- 
 missioners of 
 the revenue 
 
 2. Be it further enacted, that in any counties, cities or towns, 
 where any person or persons may have been elected commissioners, 
 and qualified as such, but not within the time prescribed by law, 
 such qualification shall be deemed and is hereby declared as elfectual 
 and as valid as if such qualification had been within the time pre- 
 scribed by law ; and the bond so given shall be deemed as valid and 
 effectual. 
 
 Commencement 3. This act shall commence and be in force from and after the 
 passage thereof. 
 
 CHAP. 32. — An ACT to appropriate a stun necessary to pay for the prepa- 
 ration and publication of the second edition of the Code of Virginia. 
 
 Passed March 27, 1861. 
 
 Preamble Whereas, an act was passed by the general assembly on the. nine- 
 
 teenth day of March eighteen hundred and sixty, entitled an act pro- 
 
MAYO'S GUIDE. CLERKS OF SENATE AND HOUSE. 57 
 
 ruling for publishing a second edition of the Code of Virginia, by 
 which the secretary of the commonwealth was directed to prepare 
 the said edition, and to contract for the publication of ten thousand 
 copies thereof, but there was no appropriation made in said act to 
 pay for the said work : Therefore, 
 
 1. Be it enacted by the general assembly, that the secretary of Amount 
 the commonwealth be allowed, for the preparation of said new edi- ai>propria 
 tion, the sum of two thousand dollars; and that the linn of Ritchie, 
 Dunnavant &• Co.. by whom the work was published, be allowed the 
 
 sum of two dollars per volume therefor; to be paid upon the warrant 
 of the auditor of public accounts, out of any money in the treasury 
 not otherwise appropriated. 
 
 2. This act shall be in force from its passage. Commencement 
 
 Chap. 33. — An ACT to distribute Mayo's Guide to Coroners. 
 • I March 21, 1861. 
 
 1. Be it enacted by the general assembly, that the secretary of the Mayo's Guide 
 commonwealth be and is hereby authorized and directed to distribute to coroners 
 to each coroner of the several counties and corporations of the state, 
 
 one copy of Mayo's Guide to Magistrates, in the same manner as the 
 Acts of the General Assembly are now distributed by law: provided, 
 that such distribution shall not be made until the Acts of Assenildy 
 of the present session are distributed. 
 
 2. This act shall be in force from its passage. Commencement 
 
 Chap. 34. — An ACT allowing compensation to the Clerk of the House of 
 Delegates and Clerk of tli< Senate, for services rendered during the pre* 
 sent session of the Genera] Assembly. 
 
 ragsoi Uanih 90, 1881. 
 
 1. I'.e it enacted by the general assembly, that William P. Gtordon, bnonatattmrad 
 jr., clerk of the house of delegates, !"• allowed the sum of eight dol- Knate and boost 
 Ian per day, and 9helton ('. Davis, clerk of the senate, he allowed " f d '' ,cgat ** 
 ihr -urn of eight dollars p< r day. for services rendered at the extra 
 
 on of eighteen hundred ami sixty-one; ami that the auditor of 
 public account- be dir ecte d bo issue bis warrant upon the treasury for 
 
 said sums. 
 
 2. This act shall bo in force from its passage. 
 
58 ADJUTANT GENERAL. — REMAINS OF GENERAL LEE. 
 
 Chap. 35.— An ACT providing pay for the Adjutant General, on account 
 of his Bervioee in the reorganization of the Militia in the years !-•> 
 and J 859. 
 
 Passed March 25,1861. 
 
 Rate of pay 1. Be it enacted by the general assembly, that the adjutant gene- 
 
 ral, in consideration of services performed by him in the reorgani- 
 zation of the militia in the years eighteen hundred and fifty-eight and 
 eighteen hundred and fifty-nine, shall be allowed pay at the rate pro- 
 vided by the tenth section of the act passed March thirtieth, eighteen 
 hundred and sixty, entitled an act for the better organization of the 
 militia of the commonwealth, from the first day of April to the thirty- 
 first day of December eighteen hundred and fifty-nine. 
 
 commencement 2. This act shall be in force from its passage. 
 
 Chap. 36. — An ACT making an Appropriation for the removal to Virginia 
 of the Remains of General Harry Lee. 
 
 Passed March 23, 1861. 
 
 Amount 1. Be it enacted by the general assembly, that the sum of one 
 
 appropnated thousand dollars, or so much thereof as may be necessary, shall be 
 
 and is hereby appropriated, to be applied, under the direction of the 
 
 governor, for the removal of the remains of General Harry Lee from 
 
 the cemetery of P. M. Nightingale, esquire, in the island of Cumber- 
 
 Wliere remains land, Georgia, to the public grounds of the Lexington military insti- 
 
 to be earned tute ^ an< j ^ ereetm g over tuenl a gu itable monument. 
 
 Commencement 2. This act shall be in force from its passage. 
 
 Chap. 37. — An ACT to defray the expenses of a Pedestal, setting up and 
 transporting the Statue, of Jefferson. 
 
 Passed January 24, 1861. 
 
 Amount 1 . Be it enacted by the general assembly, that the auditor of pub- 
 
 appropnated ^ aecountg ^ e an( } ] ie j g h erc by directed to issue his warrant on the 
 
 treasury, payable out of any money therein not otherwise appro- 
 in whose favor priated, in favor of T. J. Randolph, rector of university of Virginia, 
 
 for a sum not exceeding sixteen hundred dollars, for defraying the 
 
 expenses of a pedestal, setting up and transporting the statue of 
 
 Jefferson. 
 
 Commencement 2. This act shall be in force from its passage. 
 
RAIL ROADS. 
 
 CHAP. 38. — An ACT to amend an act entitled an act to incorporate the Rich- 
 mond and York River Rail Road Company, passed January 31, 1853. 
 
 Passed February 13, 1861. 
 
 1. Be it enacted by the general assembly, that the first section of Act of 1853 
 the act entitled an act to incorporate the Richmond and York river 
 
 rail road company, passed the thirty-first of January eighteen hun- 
 dred and fifty-three, be re-enacted and amended so as to read as 
 follows : 
 
 "§ 1. Be it enacted by the general assembly of Virginia, that it Company 
 shall be lawful to open books in the city of Richmond, and in such 
 other place or places as the commissioners herein after named shall 
 think fit, under the direction of Edward J. Wilson, Bernard Peyton, 
 R. B. Haxall. Robert S. Apperson, James Lyons, R. IT. Maury, C. 
 Dimmock, Abraham Warwick, James Stamper and John D. Christian, 
 or any three of the same, or any deputies or agents of said commis- 
 siouers, for the purpose of receiving subscription to an amount not 
 less than two hundred and fifty thousand dollars nor more than five 
 hundred thousand dollars, in shares of one hundred dollars each, for 
 the purpose of constructing a rail road from the city of Richmond to 
 some point on York river or near the mouth of Pamunkey river, and 
 providing every thing necessary and convenient for the transportation 
 on the said road ; and that the said rail road company be and is here- Power to pur 
 by authorized to purchase and run steam boats, and make such con- boats, <fcc 
 nections with steam boat lines and other lines of navigation or trans- 
 portation, as may, in the opinion of the directory of the said company, 
 be conducive to its success and prosperity." 
 
 2. This act shall be in force from its passage. Commencement 
 
 Chap. 39. — An ACT authorizing the County Court of Rockingham County 
 to loan to the Manassas Gap Rail Road Company a sum of money. 
 
 Passed February 21, 1861. 
 
 1. Be it enacted by the general assembly, that the county court County court of 
 of Rockingham county be hereby authorized, by a vote of two-thirds rathorteed'to 
 of all the magistrates of the county, to loan to the Manassas gap rail ls *»c bonds, &c 
 road company a sum not exceeding one hundred thousand dollars, 
 
 which may be necessary to complete the road of said company to 
 Harrisonburg; and for this purpose, the court may issue the coupon 
 bomb of the county, bearing six per cent, interest, payable semi- 
 annually: provided the court have such security M in its OpiniOn Interest to be 
 will be ample for that purpose, that tin- Said Manama-- gap rail road '„')!' fund crented 
 company will pay to the court .Mini-annually. such an amount as 
 will meet the interest on said bonds, and will constitute a sinking 
 fund which will extinguish the principal of said loan at maturity. 
 
 2. This act shall be in force from it- passage. Commencement 
 
60 
 
 BAIL ROADS. 
 
 Act of lf<G0 
 ■mended 
 
 Chap. 10. — An ACT to in m the Capital Btook of the 
 
 mood BBd Danville Kail Koad Company, ami for other [tmpOQOfl 
 'TUary 18, 
 
 1. Be it enacted by the general assembly, that the act parsed 
 March twenty-seventh, eighteen bandied and sixty, entitled an act 
 to amend thefiral section of the act entitled an act to increase the 
 
 capital Btook of tin- Richmond and Danville rail road company, and 
 
 for other purposes, he am! the same is herchy amended and re-enacted 
 so as to read as follows : 
 
 Increase of 2. The Richmond and Danvilh' rail road company is herchy au- 
 
 thorized to increase its capita] stock by the additional sum of two 
 millions of dollars, for the purpose of enabling said company to ex- 
 Route of road tend their road from the present termination thereof, at or near the 
 town of Danville, or from any point on the extension of the Rich- 
 mond and Danville rail road authorized by the act giving authority 
 to extend said rail road, and to authorize a connection thereof with 
 the Coalfield rail road in North Carolina, not less than ten nor more 
 than fifteen miles west of the said town of Danville, through the 
 counties of Pittsylvania, Henry. Patrick and Carroll, to some point 
 on the Virginia and Tennessee road, deemed most advisable. 
 
 Commencement 3. This act shall he in force from its passage. 
 
 Time nllnw l '1 
 for payment of 
 intercBt 
 
 Interest to bear 
 
 iuterict 
 
 Company to 
 confess judg- 
 ment 
 
 When execution 
 may issue 
 
 CHAP. 41. — An ACT for the relief of the Orange and Alexandria Kail Koad 
 
 Company. 
 !■ . ad Karen 30, 1881. 
 
 1. Be it enacted by the general assembly, thai it shall be lawful for 
 the Orange and Alexandria railroad company to pay, on or before 
 the first day of January eighteen hundred and sixty-four, with inte- 
 rest thereon at the rate of six per centum per annum from the day 
 on which such arrearages became due, such temporary arrearages 
 as may be now due, or become due to the state within two years next 
 ensuing: provided said Orange and Alexandria rail road company 
 shall confess judgment in some court of competent jurisdiction, for 
 
 such amount as may he ascertained to be due the commonwealth 
 from said company, by agreement between said company and the 
 Hoard of public works, or in case they do not agree, for such amount 
 as may he ascertained by the arbitrament of such referees as may be 
 appointed by said company and the Board of public works. But 
 no execution shall issue on such judgment prior to the first day of 
 January eighteen hundred and sixty-four. 
 
 Commencement 2. This act shall be in force from its passage. 
 
KAIL ROADS. 61 
 
 Chap. 42. — An ACT to protect the [nterest of the Commonwealth and 
 others in Kail Road ami Steam Boal Companies in tliis .State, on the two 
 lines between Baltimore ami Weldon, 
 
 Passed February IP. 1861. 
 
 1. Be it enacted by the general assembly, that it shall be lawful Companies an- 
 
 ' . . , . thorteed to put 
 
 for any of the rail road and steam boat companies m this state, con- chase stork 
 
 stituting either of the two existing lines of through travel between 
 
 Baltimore and Weldon, to purchase and hold, with the assent of the 
 
 Board of public works, the stock of any such company constituting a 
 
 part ef the other of the said two competing lines to BUch extent as it 
 
 may deem expedient and necessary to prevent injurious competition Object thereof 
 
 and a loss of remunerative' revenues to the commonwealth and the 
 
 other stockholders of such companies. 
 
 2. This aef shall 1)C ill force from its passage. Commencement 
 
 Chap. 43. — An ACT in relation to the Devise made by Joel Osborne to 
 the Alexandria, Loudoun and Hampshire Kail Road Company. 
 
 Passed March 16, 1861. 
 
 Whereas Joel Osborne, late of the county of Loudoun, by his last Preamble 
 will and testament, directed his real estate in said county to be sold, 
 and the proceeds paid to the Alexandria, Loudoun and Hampshire 
 rail road company, to be expended in the construction and equip- 
 ment of said road : And whereas it is just and right that said bequest 
 should be considered as an individual subscription to the stock of the 
 said company, so far as to entitle said company to draw the state's 
 proportion of three-fifths out of the subscription authorized to be 
 made on the part of the state: Therefore, 
 
 1. Be it enacted by the general assembly, that whenever the when p.onr<i 
 amount, or any portion thereof, directed by the last will and toata-topaj 
 
 incut of Joel < isborne. late id' Loudoun County, to be paid to the said 
 
 Alexandria, Loudoun ami Bampshire rail road company, shall be 
 paid to the said company, the Board of public works are hereby 
 directed to pay to said company, on behalf of the state, three dollars 
 
 for ever] two paid under tin- provisions of the Mill of said Joel Os- 
 
 Dorne. The amount Which the Hoard of public works are hereby Amr.mii to bo 
 
 directed to pay is to be deducted from the amount which said board B p'propriation 
 
 is authorized to subscribe to the capital stock of said company by ih<- 
 act passed the ninth day of February eighteen hundred and sixty; 
 but the tntereel of the state, by virtue of its being ■ stockholder, In 
 the bequest aforesaid, shall not be affected or impaired by the provi- 
 
 sions of this ad. 
 
 2. This act shall be in force from its pass;, Commencement 
 
6t POLICE AGENTS ON KAIL ROADS. TURNPIKES. 
 
 Chap. 44. — An ACT to authorize Bail Read Companies to appoint Police 
 
 i its. 
 Passed April :i, 1861. 
 
 How police 1. Be it enacted by the general assembly, that the president of 
 
 any rail mad company incorporated by this state, may. with the ap- 
 probation of the county court of any comity through which the road 
 
 I'owors may pass, appoint a police agent or agents, who shall have authority 
 
 upon the road and other property within this state, of such company, 
 to exercise all the powers which can lawfully be exercised by any 
 constable for the preservation of the peace, the arrest of offenders 
 and disorderly persons, and for the enforcement of the laws against 
 
 How removed crimes ; and such president may remove such agents at his pleasure : 
 provided, that any county court giving such consent, may at any 
 time revoke it. 
 
 Powers as to 2. It shall be lawful for any such police agent, or for any person 
 
 Pf< in the employment of such company, to arrest any negro found on 
 such road, or any branch thereof, or any of the cars, works or pro- 
 perty of such company, without having the proper evidence of the 
 right of such negro to be there ; and the person making such arrest, 
 may deliver such negro to any jailor, or carry him or her before any 
 justice of the peace in the county or corporation in which such arrest 
 is made, to be examined, and committed to the proper custody, or 
 otherwise dealt with according to law. 
 
 Commencement 3. This act shall be in force from its passage. 
 
 Chap. 45. — An ACT amending the act passed April 2d, 1858, concerning 
 the Berryvillc and Charlestown Turnpike. 
 
 Passed April 3, 1861. 
 
 Act of 1858 1. Be it enacted by the general assembly, that the second section 
 
 of an act passed April the second, eighteen hundred and fifty-eight, 
 entitled an act to provide for the payment of the purchase money of 
 the Berryville and Charlestown turnpike, by the Board of public 
 works, be amended and re-enacted so as to read as follows : 
 
 Superintendent " § 2. The commissioners of the Board of public works may appoint 
 appohited OW a superintendent of the said turnpike ; but in appointing such super- 
 Compensation jntendent, the said commissioners of the Board of public works shall 
 not allow or pay to such superintendent a larger salary per annum, 
 or for a greater or less period of time than the superintendence of 
 such work can be let for to the lowest bidder deemed competent ; 
 and to carry out this provision, the said commissioners of public 
 works, in making the appointment of such superintendent, are hereby 
 
TURNPIKES. 63 
 
 authorized, after first advertising a notice for one month in some 
 newspaper contiguous to the improvement, and also posting a copy 
 at the places where tolls are collected, to let the superintendence of 
 such work from time to time, as they may deem expedient, to the 
 lowest bidder deemed competent by said commissioners. Every such Superintendent 
 superintendent, before acting, shall take an oath that he will not be give bond "" 
 interested in any contract for or relating to the turnpike, and give 
 bond with good personal security, to be approved by the said commis- 
 sioners of public works. But this act shall not be construed to im- 
 pair or affect in any way the existing contract between said commis- 
 sioners and the present superintendent, in respect to the salary of 
 the latter for the current year."' 
 
 2. This act shall be in force from its passage. Commencement 
 
 I ii \;\ 46. — An ACT appointing Superintendents of the Staunton and Par- 
 kersburg Turnpike Road. 
 
 Passed April 1, 1861. 
 
 1. Be it enacted by the general assembly, that the Board of public Superintcn- 
 works arc hereby authorized and directed to appoint two superinten- appointed* 
 dents for the Staunton and Parkersburg turnpike road, one of whom 
 
 shall superintend that portion of said road which lies east of the top 
 of Cheat mountain, and shall reside east of said mountain ; and one 
 of whom shall superintend that portion of said road which lies west 
 of the top of said mountain, and shall reside west of Cheat moun- 
 tain : provided, however, that no additional charge upon the treasury rroviso 
 is hereby created for superintending said road. 
 
 2. The said superintendents shall be appointed in the manner now 
 prescribed by law. 
 
 3. This act shall be in force from its passage. Commencement 
 
 Chap. it. — An ACT to amend and re-enact an act passed Match 22d, 1860, 
 entitled an act to incorporate the Knob Turnpike < lompany in the county 
 of Washington, and incorporating the Abii I Turnpike 
 
 ( lompany. 
 
 March 87, ih;i. 
 
 Be it enacted by the general assembly, thai the net passed March Actor isw 
 tweiu\ second, eighteen handled and sixty, entitled an ad to ineor- amcn<l0<, 
 
 porate the Knob turnpike company in the county of Washington, be 
 amended and re-enacted so as to read as follows: 
 
64 
 
 TURNPIKES. 
 
 : road 1. That for the purpose of constructing a turnpike road from Ah- 
 ingdon in the county of Washington t<> the Tennessee line, it shall be 
 Capita] lawful to open hooks for receiving subscriptions to the amount of live 
 
 Commissioner* thousand dollars, in shares of t\v<-nty-li\ e dollars each. The Baid 
 hooks shall he opened at Abingdon, under the superintendence of 
 Jonathan King, John Lowry and Thomas MoConnell, and under the 
 Bnperintendenoe of such agents as any three of said commissioners 
 may appoint. 
 
 Wueu Incor- 
 porated 
 
 How COU- 
 
 Btructed 
 
 2. When fifty shares shall have been subscribed, the subscribers, 
 
 their executors, administrators and assigns, shall he and they are 
 hereby incorporated into a company by the name and style of The 
 
 Abingdon and Tennessee Turnpike Company, subject to the provi- 
 sions of chapters fifty-seven and sixty-one of the Code of Virginia: 
 provided, that the company may dispense with a summer or side road 
 to their turnpike : that said road shall he thrown up and improved at 
 least sixteen feet wide, exclusive of side ditches, and the grade of the 
 road shall no where exceed three degrees. 
 
 Court of Wash- 3. The county court of Washington county is hereby authorized 
 
 ibscribe to suhscrihe such an amount to the capital stock of said company as 
 
 may lie authorized by the court of said county, the justices thereof 
 
 being duly summoned for the purpose, and a majority voting for the 
 
 subscription. 
 
 State subscrip- 
 tion 
 
 4. That the Board of public works are hereby authorized to sub- 
 scribe, on behalf of the commonwealth, to the amount of three thou- 
 sand dollars, or one hundred and twenty shares, being three-fifths of 
 the capital stock of said company: provided, that before any part of 
 such subscription is made, the hoard shall he satisfied that two-fifths 
 of the capital stock have been suhscribed hy persons other than the 
 commonwealth, solvent and able to pay. 
 
 Payments pari 
 passu 
 
 5. The subscription above authorized on behalf of the common- 
 wealth shall he paid in equal proportions or pari passu with payments 
 made hy subscribers other than the commonwealth. 
 
 Commencement 6. This act shall be in force from its passage. 
 
 Chap. 48. — An ACT transferring the Cacapon and North Branch Turnpike 
 
 to the County Court of Hampshire County. 
 
 Passed March 23, 18G1. 
 
 Preamblo Whereas it is represented to the general assembly of the state of 
 
 Virginia, that the travel upon \he road known as the Cacapon and 
 North branch turnpike in the county of Hampshire, is insufficient to 
 
TURNPIKES. 66 
 
 famish the amount of toll necessary to keep the road in proper re- 
 pair : Therefore, 
 
 1. Be it enacted by the general assembly, that the turnpike known Road transferred 
 as the Cacapon and North branch turnpike in the county of Hamp- 
 shire, be and the same is hereby transferred to and vested in the 
 
 county court of Hampshire, to be held and kept in repair for public 
 
 use, and to be in all respects subject to the authority of said court, as 
 
 other public roads in said county : provided, however, that the assent Assent of pri- 
 
 to the transfer shall first be obtained of such stockholders other than holders 
 
 the state, as may assemble in general meeting, after publication of 
 
 notice of the time and place for such meeting for two months : and Proviso 
 
 provided, that the state incurs no liability to the private stockholders 
 
 by reason of the said transfer. 
 
 2. This act shall be in force from its passage. Commencement 
 
 Chap. 40. — An ACT amending the Charter of the Black Lick and Plaster 
 Bank Turnpike Company. 
 
 Pawe-l Mareli !.->, ISfil. 
 
 1. Be it enacted by the general assembly of Virginia, that the Branen road 
 president and directors of the Black lick and Plaster bank turnpike ' 
 
 be authorized to extend said road from some convenient point on the 
 Walker's creek and Eolston turnpike in the county of Wythe, to the 
 Tazewell courthouse, Marion and Rye valley turnpike on Clinch 
 mountain in the count}' of Tazewell. 
 
 2. The second section of the act providing for constructing die Act amended 
 Black lick and Plaster bank turnpike road in Wythe and Smyth 
 enmities, is hereby amended and re-enacted so as to read as follows: 
 
 " § 2. The whole line of said road shall be divided by the courts Soai to be 
 of directors into tWO divisions: the one within and through a portion Route* 
 of the county of Wythe, as now constructed; and the Other to be a 
 branch of the tir.-t. running from the Plaster banks or Chatham hill 
 in the county of Smyth, to the Blue springs, crossing Walker's Big 
 mountain at Tilson'a gap, and passing by Mount Airy depot; andoottitoba 
 
 Ae directors shall compute what part of the total sum estimated as rompu 
 the OMt of the whole road, not exceeding sixteen thousand dollar--. 
 
 will be required for the construction of each division." 
 
 3. The Boaid Of public works shall subscribe, on behalf of the State sub- 
 state, for tlii( e lift!:, .1 t lie i-uiii I •- 1 i mat ed fof iach OT either of said 
 divisions, when said board shall be satisfied that two-fifths of the sum 
 estimated for each division, has been subscribed by the court of the 
 
GO TURNPIKES. 
 
 county within which the same may lie, or by solvent individuals. 
 Neither of said counties shall be required to pay any part of the cost 
 of said road lying within the limits of the other county. 
 
 Width of 4. Be it further enacted, that the branch road hereby authorized 
 
 shall be constructed at a width of not less than twelve feet, and a 
 grade not exceeding five degrees, and that this act shall not increase 
 the appropriation already made on the part of the state. 
 
 Commencement 5. This act shall be in force from its passage. 
 
 Chat. 50. — An ACT to alter ami amend an act entitled an act to incorporate 
 the Wackslmrg, Catawba Creek and Fincastle Turnpike Company, passed 
 February 15, JrHjO, and to change the name to the Montgomery, Roanoke 
 and Botetourt Turnpike Company. 
 
 Passed March 22, 1861. 
 
 Act of 1860 Be it enacted by the general assembly, that an act entitled an act 
 
 to incorporate the Blacksburg, Catawba creek and Fincastle turnpike 
 company, passed February fifteenth, eighteen hundred and sixty, be 
 amended and re-enacted so as to read as follows : 
 
 Books, by whom 1. That it shall be lawful for John N. Lyle, Robert H. Mosby, 
 opened Francis Henderson, Davis M. Bennett and Redmon Akin, of Mont- 
 
 gomery county, Elias Thomas, Mark B. Moorman, James G. 
 McConkey, Giles Barrett and William W. Brand, of Roanoke county, 
 and William A. Glasgow, William K. McDowell, Isaac Henkle, Ro- 
 bert Hines, Jacob Fleager and Benjamin Farias, of Botetourt county. 
 and such other person or persons as any three of the above named 
 persons may appoint ; each to open books at such times and places 
 as each of them may think proper, for the purpose of receiving sub- 
 scriptions to a joint capital stock not exceeding in the whole sixteen 
 thousand dollars, to be divided into shares of twenty-five dollars each, 
 Route of road for the purpose of constructing a turnpike road from some point m 
 the county of Montgomery, at or near the Montgomery White sul- 
 phur springs, by the way of the valley of Catawba creek in the 
 county of Roanoke, to the town of Fincastle in the county of Bote- 
 tourt, by the most eligible route, to be determined by a vote of the 
 stockholders in general meeting ; or the stockholders may by vote 
 order such location to be made by a competent engineer : provided 
 such engineer has no pecuniary interest in said road. In letting said 
 road to contract, equal portions of the funds of the company shall be 
 devoted pari passu to constructing, beginning at Fincastle, and pro- 
 ceeding towards its western terminus, and at the point in Roanoke 
 where said road shall intersect the Salem and Newcastle turnpike, 
 and proceeding towards its western terminus, so that the two parts of 
 said road shall be let to contract in equal portions until completed. 
 
TURNPIKES. 67 
 
 2. That the county courts of Botetourt and Roanoke may autho- Toil gates, how 
 vize said company to erect toll gates on said road in their respective ' 
 counties, as each portion is constructed, according to chapter sixty- 
 
 one, section eight of the Code of Virginia, edition of eighteen hun- 
 dred and sixty, and demand and receive tolls on the same. 
 
 3. When three-fourths of two-fifths of said capital shall have been Company, when 
 subscribed by persons other than the commonwealth, solvent and 
 
 able to pay, the subscribers, their executors, administrators and as- 
 signs, shall be and they are hereby incorporated into a company by 
 the name and style of The Montgomery, Roanoke and Botetourt Tom- 
 pike Company; subject to the provisions of chapters fifty-seven and 
 sixty-one of the Code of Virginia: provided, that said company shall 
 not be required to make a summer or side road thereto : and provi- 
 ded, that the said road shall not be less than fifteen feet wide, and 
 shall not exceed a grade of four degrees. 
 
 4. The Board of public works are hereby directed to subscrihe on state mh 
 behalf of the commonwealth for three-fifths of the capital stock o-f 8enpi ° 
 said company, when said board shall be satisfied that three-fourths of 
 two-fifths of the whole capital stock has been subscribed by indivi- 
 duals other than the commonwealth, solvent and able to pay : provided, 
 however, that such subscriptions for the commonwealth shall be paid 
 
 pari passu with the payments of other subscriptions. The Board of 
 public works shall also borrow the amount necessary to pay the state 
 subscriptions, conformably with the provisions of the Code of Vir- 
 ginia. 
 
 5. This act shall be in force from its passage. Commr norm-Mit 
 
 Chap. 51. — An ACT to increase the Capital Stock of the Elk Eivei Turn- 
 pike Company. 
 
 Passed February 12. 3SG1. 
 
 1. Be it enacted by the general assembly, that the capital stock of Capital tn 
 the Elk river turnpike company be and ilie same is hereby inoreased, " 
 
 by the addition thereto of the sum of twenty-five thousand dollars, in 
 
 Share* of twenty-five dollars each; and that all the private stud 
 
 heretofore subscribed t<> said company, over and above the sum oj 
 eight thousand dollars, shall )«■ valid, and constitute a pari of the 
 capital itooli hereby created. 
 
 2. That books of subscription fur said stuck may lie opened by the Boot* of »ui. 
 president and directors of said company, at such time or timee and 
 
 at such places and under inch oornmissionen as they may diro 
 provided, that the Board of public works shall not subscribe to any pi 
 
 part of the increased capital Itook. 
 
fig TURNPIKES. 
 
 CHAP. 52. — An ACT to amend the Charter of the Sir John's Run Turnpike 
 
 Company. 
 
 Passed March 14, 1861. 
 
 Capital stock 1. Be it enacted by the general assembly, that the Sir John's 
 
 run turnpike company are hereby authorized to increase their capi- 
 tal stock, by the sum not exceeding five thousand dollars, in shares 
 of twenty-five dollars each, for the purpose of extending or making 
 a branch of said road, from or near Mclntire's mill in Frederick 
 county, passing at or near M. C. Dolan's store, to some point on the 
 North Frederick turnpike at or near Sampson Clark's house in said 
 county. 
 
 Books, how 2. For the purpose of carrying out the provisions of this act, the 
 
 opened board of directors of the Sir John's run turnpike company shall 
 
 have books for receiving subscriptions opened at the store of Michael 
 
 C. Dolan, and at such other places and under the superintendence of 
 
 such persons as they may designate. 
 
 commencement 3. This act shall be in force from its passage. 
 
 Chap. 53. — An ACT to transfer a part of the Price's Mountain and Cum- 
 berland Gap Road to the Mountain Lake and Salt Sulphur Springs Turn- 
 pike Company. 
 
 Passed February 15, 1861. 
 
 What may be 1. Be it enacted by the general assembly, that it shall be lawful 
 ik.n P of d road P ° r for tne Mountain lake and Salt sulphur springs turnpike company to 
 adopt that portion of the Price's mountain and Cumberland gap 
 road, lying between the residence of Enoch Atkins and the town of 
 , Newport, as a part of their road, and to keep the same in proper re- 
 
 consent of P a "' : provided, however, that before this act shall take effect, the 
 on™* 7 C ° urt ° f consent °f tne county court of Giles county shall be first obtained. 
 
 Restrictions 2. It shall not be lawful for the said Mountain lake and Salt sul- 
 
 phur road to charge any toll between the present residence of Enoch 
 Atkins and the town of Newport, a distance of three miles ; and the 
 consent hereby given may be withdrawn by the county court of 
 Giles whenever the said company shall fail to keep said portion of 
 the road in repair, as required by the provisions of the Code of Vir- 
 ginia in relation to county roads. 
 
 Commencement 3. This act shall be in force from its passage. 
 
PLANK ROAD. CANAL AND NAVIGATION COMPANIES. 69 
 
 Chap. 54. — An ACT authorizing the Board of Public. Works to confirm 
 the Sale of the Marysville Plank Road to the County of Charlotte. 
 
 Passed January 31, 1861. 
 
 1. Be it enacted by the general assembly, that the Board of public Sale confirmed 
 works are hereby authorized to ratify and confirm the sale of the 
 Maiysville plank road, made under deed of trust, to the county of 
 Charlotte by W. W. Henry, trustee. 
 
 2. This act shall be in force from its passage. Commencement 
 
 Chap. 55. — An ACT to amend and re-enact the second section of an act 
 passed February 8th, I860, to revive and amend an act passed March 1st, 
 1.853, entitled an act to amend and revive the Charter of the Little Ka- 
 nawha Navigation Company. 
 
 Passed March 14, 1861. 
 
 1. Be it enacted by the general assembly, that the second section Act of i860 
 of an act passed February eighth, eighteen hundred and sixty, enti- un 
 
 tied an act to revive and amend an act passed March first, eighteen 
 hundred and fifty-three, entitled an act to revive and amend the 
 charter of the Little Kanawha navigation company, be amended and 
 re-enacted so as to read as follows : 
 
 " § 2. That it shall be lawful to open books in the county of Wood, Books, how 
 at Parkersburg, under the superintendence of Daniel II. Neall, James °,?hom and * V 
 Cook and A. J. Boreman; at Elizabeth in Wirt county, under the whew 
 superintendence of Daniel Wilkeson, Abraham Enochs, A. S. Baltic 
 and Fidelias Ott; at Big Bend in Calhoun county, under the super- 
 intendence of Collins Betts, Hiram Fevrell and George W. Bard- 
 mon ; at Grlenville in Gilmer county, under the superintendence of 
 C. B. Conrad, Levi Johnson and 8. Gr. Staluaker: and at Ball) own in 
 Braxton county, under the superintendence of C. S. Harlay. Addison 
 McLaughlin, William P. ITayniond and Moses Cunningham, or a ma- 
 jority of them, at either place, for the purpose of receiving subscrip- 
 tions to the amount of twenty-five thousand dollars, in shares of Capita] itoek 
 twenty-live dollars each, to constitute a joint capital stock for open- 
 ing, removing dams from and improving the navigation of the Little 
 Kanawha river from Parkersburg in the county of Wood, to the falls 
 of the said river in said county of Braxton, mar "William P. 11. i\ 
 
 mond'e mills." 
 
 2. Be it further enacted, that it may be lawful for the Little Ka- If Inraffident, 
 , . . .",.., how b 
 
 nawiia navigation oompany to receive subscriptions oi money to an 
 amount deemed sufficient by said oompany, otsc and above said 
 
 Capital stuck, to improve the navigation of said river to said falls, if 
 said capital stock should prove insullicicnt therefor, and sinli in- 
 
70 CANAL AND NAVIGATION COMPANIES. 
 
 creased subscription shall bo treated as a part of and in addition to 
 Proviso said capital stock: provided, that the Board of public works shall 
 
 not subscribe to any portion of such increased capital stock : pro- 
 vided, that nothing in this act shall impair or in any wise affect the 
 organization of said company, which has already taken place, or any 
 act done by said company, or any of the officers thereof. 
 
 Commencement 3. This act shall be in force from its passage. 
 
 Chap. 56. — An ACT to incorporate the Virginia Canal Company, and to 
 
 transfer the Rights and Franchises of the James River and Kanawha 
 Company thereto.* 
 
 Passed March 29, 1861. 
 I. — OF THE INCORPORATION OF THE COMPANY. 
 
 Preamble Whereas the James river and Kanawha company, at their called 
 
 meeting in the mouth of August eighteen hundred and sixty, autho- 
 rized an agreement to be entered into, and which was executed by 
 the president of said company in pursuance of such authority, be- 
 tween himself and Ernest de Bellot des Miuieres, and his associates, 
 under the firm and style of Bellot des Minieres, Brothers & Co. of 
 France, and to which the Board of public works of this state gave 
 its assent, as evidenced by the signature of its president thereto ; 
 which agreement is in the following words : 
 
 Title of agree- *' An Executory Agreement, entered into this first day of September, 
 ment of con- m t j ie ^ ear eighteen hundred and sixty, between Ernest de Bellot 
 
 des Minieres, for himself and his associates, under the firm and 
 style of Bellot des Minieres, Brothers and Company, of France, 
 of the one part, and Thomas H. Ellis, president of the James 
 river and Kanawha company, for and on behalf of the said com- 
 pany, in pursuance of a resolution adopted by the stockholders of 
 said company, in general meeting, on the thirtieth day of August 
 eighteen hundred and sixty, of the other part, witnesseth : 
 
 Preamble to " Whereas, it is a matter of the highest importance to the state of 
 
 contract Virginia, that the water line between the Chesapeake bay and the 
 
 Ohio river, which will open the great west and southwest and its im- 
 mense trade to the markets of the world by the shortest, cheapest, 
 safest and most certain route, and lead to an incalculable increase of 
 the direct foreign trade of Virginia, should be promptly completed, 
 the parties of the first part desiring not only to secure to themselves 
 and their associates the profits of the line when completed, but to 
 France the primary advantages of the direct trade with her, which 
 the line must establish, have proposed to purchase the line from 
 
 * The word "chapter," as used in this act, applies to the divisions of the same. 
 
CANAL AND NAVIGATION COMPANIES. 71 
 
 Richmond to the Ohio river, with the right and obligation to com- 
 plete the same, and the president and directors of the James river 
 and Kanawha company, and the Hoard of public works of Virginia, 
 concurring in these views, and sympathizing strongly with the par- 
 ties of the first part, in their desire to establish direct trade with 
 France, the ancient ally of the United States, the said president and 
 directors of the James river and Kanawha company, have entered 
 into negotiation with the parties of the first part, and have, with the 
 Approbation of the Hoard of public works, entered into a provisional 
 agreement with them, as herein set forth. And since it is necessary 
 to procure the approval of the general assembly to the said agree- 
 ment, therefore, subject to said approval, the said James river and 
 Kanawha company, do contract and agree with the said parties of 
 the first part as follows — that is to say : 
 
 "1. A new company shall be formed by the, name and style of Virginia canal 
 
 ' The Virginia Canal Company,' with a capital stock of not less formed 
 
 than twenty, nor more than thirty-five millions of dollars, in shares 
 
 of one hundred dollars each ; to which shall be transferred all the Property and 
 
 , ~ . . f . l T 'i t' i franchises of ' 
 
 property and franchises ot the James river and Kanawha company, — James river and 
 
 the stockholders in the James river and Kanawha company, other ^™* trans 6 - " 1 
 than the commonwealth of Virginia, to have one share of stock in ferred thereto 
 the said Virginia canal company for every two shares of stock they 
 now hold; and the state to transfer to the said Virginia canal com- 
 pany, all her rights as a stockholder in the said James river and Ka- 
 nawha company, upon condition that the new company perform and 
 fulfill the terms and conditions herein alter imposed. 
 
 " 2. The Virginia canal company shall be organized with a charter Of charter 
 similar to the original charter of the. lames river and Kanawha com- 
 pany, with such modifications and additions, as may be necessary and 
 proper for adapting it to the purposes of the new organization. 
 
 •••'{. The Virgina canal company shall clear out the deposits in Duty of Virginia 
 the present line from Richmond to Buchanan, and repair all the as to repairs, &.< 
 
 present works, that is, the embankments, aqueducts, bridges, cul- '.,','. J.'^'/ 
 verts, waste weirs, locks, dams, houses and structures of every kind, 
 repairing those wanting repairs only, and building anew the works 
 requiring to be rebuilt, so that the whole Hue from Richmond to Bu- 
 ohanan shall be of a depth of not less than five feet at any point, 
 and in all respects in a perfect state of repair. 
 
 "4. They shall keep on all the line a sufficient number of dredge i. 
 boats to keep the water way continually free from deposit and ob- 
 structions of every kind, and a sufficient number of extra loch 'jutes 
 and wickets read}' to be inserted in ease of aeeident. They shall Weigh locks 
 likewise have weigh locks at not less than three points on the line. 
 
 •'.">. Tiny shall complete the water line of improvement from I'm- Toeonplot* 
 
72 CANAL AND NAVIGATION COMPANIES. 
 
 improvement chanan to the Kanawha river, and the improvement of the Kanawha 
 to°Ohio U river a " river. BO as to make a continuous water line from tide water at Rich- 
 mond to the Ohio river: constructing tlie works on the general plan 
 of the part of the improvement thai has already heen made, flut 
 with the following modifications, to wit ; 
 Locks, size of "The locks from Buchanan to the Greenbrier river shall he not 
 
 less than one hundred and twenty feet long between the gates, hy 
 twenty feet wide in the clear, and on the Greenbrier and New rivets, 
 and on the Kanawha river at and ahove Lykens' shoals, not less than 
 two hundred feet long between the gates, hy forty feet wide in the 
 clear, and the works from Buchanan to the foot of Lykens' shoals on 
 the Kanawha river shall he so constructed as to give a depth of water 
 Depth of water of not less than seven feet at any point. 
 
 How Kanawha " The Kanawha river to be improved from Lykens' shoals to its 
 
 improved 6 mouth in such manner as to secure a depth of water of not less than 
 
 six feet at all seasons of the year; the channel through the shoals to 
 
 be eighty feet wide at the bottom, and one hundred and four feet 
 
 wide at the top. 
 
 , Depth of water "The capacity of the improvement from Richmond to Buchanan 
 
 nlondandi sna ^ Dc en l ar g°d by increasing the depth of the water to not less 
 
 Buchanan t j iau gevpn f ee t ^ all y point, and by increasing the dimensions of all 
 
 the present locks to not less than one hundred and twenty feet long 
 
 between the gates, by twenty feet wide in the clear, or by douhliug 
 
 the locks, and making the new locks of the dimensions aforesaid. 
 
 But the increase in the dimensions or the doubling of the locks, need 
 
 not he made, until the locks require reconstruction or the trade of 
 
 the canal shall demand it. 
 
 Of Tide water " The capacity of the Tide water connection and Richmond dock 
 
 RiehwoiKi'uock sball he enlarged, so as to afford adequate accommodation to the 
 
 trade of the line, hy opening a second communication with tide 
 
 water hy the route of the Ilaxall canal, or other suitable route ; or 
 
 instead of that, enlarging or douhliug the present locks between the 
 
 basin and the dock, as well as the present ship lock, in such manner 
 
 as may he necessary to obtain a proper result; and by constructing 
 
 all such other works as may be necessary for enlarging the capacity 
 
 of the dock and Tide water connection for the purpose aforesaid. 
 
 Stock to be "6. The said Virginia canal company shall issue to the respective 
 
 holo>rBln BtOCk stockholders in the James river and Kanawha company, other than 
 Kanawha" :n<1 tnr st:ltr ' certificates of stock at the rate of one share in the new 
 company company for every two shares held by them in the James river and 
 
 Kanawha company, which shall be full satisfaction of all their inte- 
 What interest i'*' s t in the last mentioned company ; and they shall pay annually to 
 thereon^ tne holders of such certificates, five per centum per annum on the 
 
 amounts thereof, from the date of the organization of the new com- 
 pany, until the line shall be completed to the Ohio, river in the man- 
 ner before mentioned, and thereafter in lieu of the said five per cent, 
 shall pay them their ratable share of the profits of the company. 
 
CANAL AND NAVIGATION COMPANIES. 73 
 
 "7. The stockholders in the Virginia canal company shall enjoy Rights of stock- 
 equal rights, except as provided in the next preceding section. 
 
 "8. The tolls on the line shall be regulated by the Board of pub- nniv tolls to be 
 lie works, or such other authority as the general assembly may sub- 
 stitute for the control and superintendence of the public works of 
 Virginia: provided, that during the construction of the work die Proviso as to 
 
 tolls shall not exceed two and a half cents per ton per mile, nor be 
 less than one cent per ton per mile on merchandise and manufac- 
 tures ; shall not exceed one and a half cents per ton per mile, nor 
 be less than five mills per ton per mile on agricultural products; 
 shall not exceed one cent per ton per mile, nor be less than two and 
 a half mills per ton per mile on products of mines and forests ; and, 
 after the completion of the improvement to the Ohio river, shall not 
 exceed two eents per ton per mile, nor be less than live mills per ton 
 per mile en merchandise and manufactures; shall not exceed one 
 cent per ton per mile, nor be less than two and a half mills per ton 
 per mile on agricultural products; and shall not exceed five mills 
 per ton per mile, nor be less than two and a half mills per ton per 
 mile on products of mines and forests: provided, that these rates 
 shall apply to the through rates, but the tolls on the way trade may 
 be increased one-third: and provided further, that the toll may be How tolls 
 brought below the minimum rate on any article, by the said board or minimum rate 
 other authority, with the consent of the Virginia canal company. 
 
 "9. The board for the management of the company shall consist Manapom.nt ..f 
 of a president and seven directors, with the privilege to the company 
 to increase the number of directors to twelve; two of the directors President and 
 shall he appointed by the state of Virginia in such manner as she appoint 
 may by law provide; the other directors shall be appointed by the 
 stockholders, and the president shall also be appointed by the stock- How pn 
 holders, but his appointment shall be subject to the approval of the 
 State in such manner as she may by law provide. 
 
 "10. The office of the new company shall be at Richmond, Vir- Office at Ridi 
 ginia, bui a branch may be located at Paris; the dividends and other on 
 
 dues to the American stockholders shall be paid at the office in Rich- 
 mond. Rut the dividends and dues of the other stockholders may 
 he paid in 1'aris or elsewhere, at the pleasure of the DOW company. 
 
 "II. A majority of the directors shall always be present to eon- who to i 
 stunt.- a board. The prooeedingi of the hoard shall be reoorded in p*Jc*edE«iuj 
 the EngUsh language, at the office in Richmond, and be at all times B n S£b d * dta 
 • ►pen to the inspection of the stockholders, and the state, by such 
 
 Offioei as she may appoint. 
 
 '■ 13, The said Virginia canal company shall be Organised within Wh —ooan—y 
 
 hix nioiiihs from ih« p the act of the legislature incorporating 
 
74 CANAL AND NAVIGATION COMPANIES. 
 
 to eon* it. and within tin- same time shall oommenoe bona fide the work of 
 Som* 4 *™* construction at Buchanan and on the Kanawha river, and shall also 
 within the same time commence bona fide the repairs of the line 
 when to Mm- between Richmond and Buchanan; and shall complete the oonetroo- 
 pktofmproTfr ti()i) ()f f]i|i ]i)](i t(i ( - uv i n; , tnn :ill ,i ,i u , repain of the line from Rich- 
 mond to Buchanan, within three yean from the time of commence- 
 ment aforesaid, and complete the Kanawha improvement from Loup 
 creek shoals to the month of the river within four years from the 
 time of commencement aforesaid; and shall complete die entire line 
 from Richmond to the month of the Kanawha river, in all respects, 
 except the enlargement of the capacity of the canal from Richmond • 
 to Buchanan, within eight years from the time of commencement 
 aforesaid; and shall complete the enlargement of the capacity of the 
 Richmond dock and Tide water connection, as well as the enlarge- 
 ment of the capacity of the canal from- Richmond to Buchanan, by 
 deepening the canal, as herein above provided, within ten years from 
 the said time of commencement. 
 
 Ho power to "13. The said company shall not have the power by mortgage, 
 
 D^a^wfthout deed of trust, or other contract, to create a lien upon its works and 
 
 ". l , '■"" property, except that herein after created iii favor of the oommon- 
 
 Wealth of Virginia, and shall not be competent to Bell the same with- 
 out the assent of the general assembly of Virginia. 
 
 Semi-annual "14. The said company shall, in consideration of the transfer 
 
 tSotreeiiSJ :if " nsaia h 7 ,,H ' Btate of Virginia of all her rights as a stockholder in 
 the .lames river and Kanawha company, pay into the treasury of the 
 state, semi-annually forever, the sum of sixty-seven thousand five 
 one minion of hundred dollars; and as a guarantee for the faithful compliance witli 
 Se?oBtted b8 the stipulations of this agreement, they shall deposit with the trea- 
 surer of Virginia the sum of one million of dollars in the six per 
 cent, registered stock of the commonwealth of Virginia, to he held 
 by him upon the following terms and conditions, that is to say: The 
 
 interest upon the said stock, while on deposit, shall he paid to the 
 When deposit to said company. When the canal shall have been completed to the 
 
 rawStcraoi^town of Covington, and the Kanawha improvement completed from 
 
 tions Loup creek shoals to the mouth of the river, if within the times pre- 
 
 BOribed, one-half of the said sum shall he returned to the said com- 
 pany; and When the entire line shall have been completed in the 
 manner before mentioned to the Ohio river, if within the time pre- 
 scribed, the other half shall be returned to the said company: pro- 
 vided the annuity to the state of Virginia, and the live per centum 
 interest to the private stockholders, herein before provided for, shall 
 have been punctually paid; and if the same shall not have been 
 punctually paid, then so much of the said sum of one million of 
 dollars as may be necessary shall be appropriated to the payment 
 of the same, and the residue returned to the said M. de Bellot des 
 Minieres and his associates, or to the Virginia canal company, as 
 
(ANAL AND NAVIGATION COMPANIES. 75 
 
 maybe proper; but if the said oompany shall fail to complete the when deposit to 
 construction of the line to Covington, and the repairs of the line ,; 
 from Richmond to Buchanan, within three years from the time of 
 the commencement herein prescribed, or shall fail to complete the 
 
 Kanawha improvement from Loop creek shoals to flic month of the 
 river within four years from the time of commencement herein pre- 
 serihod, or shall fail to complete the entire line from Richmond to 
 the mouth of Kanawha river, in all respects, except the enlargement 
 of the capacity of the canal from Richmond to Buchanan, within 
 eight years from the time of commencement herein prescribed, or 
 shall fail to complete the enlargement of the Richmond dock and 
 Tide water connection, as well as the deepening of the canal To Bu- 
 chanan, within ten yean from the time of commencement* herein 
 prescribed, the said sum of one million of dollars shall he retained 
 and paid to the commonwealth of Virginia as stipulated damages in 
 money for such failure: and all the work which may have been done What, if com- 
 in repair and construction, as well as all the rights which the said p™^ith Mb "* 
 Virginia canal company shall have acquired in the property and c " n,rart 
 franchises of the .lames river and Kanawha company, shall he for- 
 feited, and revert to the latter company as at present organized, 
 which company shall he thereupon reinstated in all its rights, as if 
 this arrangement had never heen made, and shall have full right and 
 authority to re-enter upon and resume the control of the whole line 
 of improvement : and for that purpose, the present organization of 
 the .lames river and Kanawha company shall he continued : provided, what to be paid 
 however, that if the said Virginia canal company shall he unable to [i'^,,' X, '" M "" " r 
 Complete the said water line improvement from Richmond to the 
 Ohio river within eight years as aforesaid, or to complete the enlarge- 
 ment of the Richmond dock and Tide Mater connection, and deepen- 
 ing of the canal from Richmond to Buchanan, within ten years as 
 aforesaid, they may have two years' extension of time in each ( 
 by paying into the treasury of the commonwealth of Virginia, for 
 the said commonwealth, before the expiration of the said period of 
 eight years, a half million of dollars, if they require the extension of 
 time for the completion of the water line as Veil as for the said en- 
 largement; or by bo paying one hundred thousand dollars before the 
 expiration of ten years, if they require the extension of time onlj 
 to die enlargement aforesaid; which said sums are agreed apon ai 
 liquidated damages to he paid to the said commonwealth in the con- 
 ting' ' t -aid. for the [ou sustained by such delay or delays in 
 
 the completion of the said WOTkfl BS hi rein r> quired: provided, how- Power of na- 
 
 erer, thai it the said Virginia canal oompany .-hall have p. . , ; i ' , r ,,y 
 
 od faith tO execute the said Works, then the genera] BJsembl] |,,nir " 
 
 naj luapend the said forfeiture, and allow to the said oompanj raofa 
 
 further tune a- to it m.u M em jost and proper, (<• complete the said 
 
 works. 
 
 "15. The raid BeOot del Sfhlieres, r.rothcrs and Company -hall Bonds iuurd by 
 
76 CANAL AND NAVIGATION CoMPANIKS. 
 
 ■wtofiaoofbt i i:i\ to ill'- oommonwi ;tlih of Virginia so much of the three hundred 
 thousand dollars of state bonds appropriated bj the ad of the genera] 
 
 "^V Milily of Virginia, passed Marefa twenty-third, eighteen bandied 
 
 and sixty, for the improvement of the Kanawha river, as shall have 
 been issued and sold, and expended bona fide on the improvement) 
 when they shall Income entitled to tlie property and revenues of the 
 James river and Kanawha company; and anon payment thereof, the 
 said commonwealth shall release the mortgage given by the said 
 James ri\cr and Kanawha company on the said Kanawha improve- 
 ment bO secure the payment of the said In (lids. 
 
 WheaJamei "ll!. AJ SOOB us the said M. de Hellot des Minions and his asso- 
 
 iiawha oompany OiateS shall have heeti regularly incorporated BOeording to the laws 
 
 !)°ro C p"ny y i. i , ,s .i:. (,f France and Virginia, and satisfactory authentication of thai Gaol 
 
 Virginia canal communicated to the president of the dames river and Kanawha 
 oompany 1 
 
 oompany and the Board of public works, and shall have deposited 
 with the treasurer of Virginia one million of dollars in the six per 
 cent, registered stock of the commonwealth, and shall have deposited 
 in one or more of the banks of the city of Riohmond, to the credit of 
 
 the president and directors of the James river and Kanawha com- 
 pany, for the purpose of paying the Bloating debt of the company, the 
 sum of four hundred thousand dollar-, to be applied to the payment 
 of the Baid floating debt as far as necessary, and the balance, if any. 
 to be returned to them; and shall also pay into the treasury of Vir- 
 ginia the amount agreed to be paid by them under the next preceding 
 section — then the James river and Kanawha company shall by pro- 
 per deeds convey its entire property of every kind, to the said Vir- 
 ginia canal company, subject to the charges before mentioned in 
 
 favor of the present private stockholders and the commonwealth of 
 
 Virginia, and subject to any present subsisting contracts for the use 
 
 of the water of the canal, and subject in all the provisions of this 
 agreement : And until this conv eyanee shall he made, the dames river 
 and Kanawha company shall manage the said property, effects and 
 revenues under the existing laws, the said M. de I'.ellnl des Minieres 
 and his associates furnishing all the means and monev that may be 
 neces.-ary to carry on the business of the company, complete Bosher'S 
 dam. the Joshua falls dam, the dam at Lvnohburg, and the North 
 river improvement, and keeping the canal in proper repair — they 
 
 receiving credit for all the revenues of the oompany. Bnt the pre* 
 
 sideiit and directors of the present company shall have no power or 
 
 authority to charge the property of the oompany with any debt, ex- 
 cept for the purpose of keeping the line in proper repair and working 
 
 condition, and completing the dams and North river improvement. 
 as herein before mentioned. 
 
 How Virginia " 17. The said Virginia canal company may at any time discharge 
 may discharge itself from the annuity to the state of Virginia, by the payment into 
 uunuity 01 " the treasury of Virginia of the sum of two millions two hundred and 
 
' CANAL AND NAVIGATION COMPANIES. 77 
 
 fifty thousand dollars in specie, hut until the same shall he paid the 
 annuity of one hundred and thirty-five thousand dollars to the com- 
 monwealth shall he forever a charge upon the whole property of the 
 company, and the legislature may provide hy law in what manner 
 the payment of the said annuity shall be enforced. 
 
 "18. The European parties and stockholders may. as between As to European 
 themselves, determine what their relative rights and obligations 
 
 shall he. 
 
 "IP. The Stockholders in the Virginia canal company shall be re- On< general 
 quired by their charter to held at hast one general meeting every ally in Rich- 
 year in the city of Richmond. 
 
 "20. When this agreement shall be approved by the general as- when agrce- 
 aembly and a charter shall be granted as provided in the first, and"" 
 second sections thereof, the said agreement shall be binding upon all 
 the parties thereto, without any further action on the part of the 
 stockholders or directors of the James river and Kanawha company; 
 ami the said .fames river and Kanawha company hinds Itself to use 
 its hest efforts to obtain at the earliest day possible, the approval of 
 tliis agn ement and of the charter as provided lor, by the general 
 assembly; and in the mean time the said agreement shall he obliga- 
 tory upon the said James river and Kanawha company to the full 
 extent thai the said company has the legal authority to act without 
 the approval of the general assembly. 
 
 "And to prevent delay in the commencement of the works herein How delay pre 
 before contracted to be executed, the said parties of the first part meneemeat of 
 shall be authorized to proceed forthwith in their said undertakings: work8 
 and if the genera] assembly shall fail to approve the said agreement, 
 and to grant said charter, then the James river and Kanawha com- 
 pany hinds itself to issue bonds under the act of the twenty-third 
 day of March eighteen hundred and sixty to the said parties of the 
 first part for an amount equal to the principal sum which may have 
 been expended upon its works as contemplated in this agreement, 
 and the interest thereon from the time when the same shall have 
 been expended until the repayment in bonds as aforesaid; and the 
 ■aid .lames ri\i r ami Kanawha company shall thereupon 1»' r> stored 
 
 to all the rights conferred by its charter, as if this contract had not 
 
 been made, and the said contract shall thereafter be null and void. 
 
 "Iii testimony whereof, the said Ern< \:tostation 
 
 acting for himself and the firm of Bellot des Minieres, Brother* .\ 
 Company, hath hereto subscribed bis name and annexed his seal, and 
 the said Thomas II. Ellis, president of the James river and Ka- 
 nawha company, acting under authority as afon said, hath subscribed 
 his name and caused the * al of the i ompany to be affixed, the day- 
 ami year Srst above written, at Richmond, Virginia. 
 
 I I hi II "I M|\|| IBE8. (Seal.] 
 
 THOU US ii BLUB, 
 
 [Corporate Seal.] /'.../. R, If K. Co." 
 
78 (ANAL AND NAVIGATION COMPANIES. W 
 
 And whereas the general assembly of the commonwealth of Vir- 
 ginia approve the objects and views of the contracting parties! and 
 air disposed to giye to their contract validity and effect, except so 
 far as it may be modified by this act : Therefore, 
 
 ( tpany incorporated; general powers } restrictions thereon. 
 panyineor- 1. Beit enacted, that when the Board of public works shall be 
 
 satisfied that tin- minimum capital of twenty millions of dollars has 
 been raised as provided fur in the next chapter, then, in compliance 
 with the first article of said agreement, the persons constituting the 
 firm and style of Bellol des Minieivs, Brothers «.V Co. and Buoh per- 
 sons as tley may admit into association with them, together with the 
 corporate and individual stockholders of the presenl dames river and 
 Kanawha company (other than the commonwealth of Virginia), and 
 Buch persons as may become subscribers to the capital stock hereafter 
 
 authorized, and their successors and assigns, shall be and are hereh\ 
 
 Bj name of vir- incorporated into a company by the name and style of " The Yirgi- 
 ■rtnia canal com- ■,,,,, ,, ■, ', ,1 . l n 1 1 
 
 i,.„ iv ma Canal Company," and by thai name, shall have perpetual suc- 
 
 cession and a common seal, may BUC and lie sued, plead and he 
 impleaded, purchase and hold, sell and convey real and personal 
 property; and shall be, to every intent and purpose in law, the suc- 
 cessors of the presenl dames river ami Kanawha company : provided, 
 that the corporate powers shall not take effect until the minimum 
 
 Limitation as to stock shall lie taken : provided, however, that ihey shall hold no real 
 estate, except that which by this act. or some other act id' the general 
 assembly, may he vested in them, or they may he authorized to ac- 
 quire tor the purpose of the improvements which they are required 
 
 Restrictions a* to make; and that they shall in no wise deal as hankers or merchants. 
 or in buying and Belling any produce or commodities whatsoever. 
 except such as it is obviously convenient ami proper for them to pur- 
 chase ami sell in the regular performance of the duties required of 
 
 Astomanufac- them by this act ; and that they shall not he engaged In the estab- 
 lishment or conduct of manufactures, further than for the supply of 
 their own consumption and that of the persons in their service, and 
 in letting to farm or lease sites for mills and other machinery, and 
 
 water lor their use. 
 
 By laws and 2- The stockholders in general meeting shall have power to make 
 
 howmade 8 ' a ^ H,U ' H l>v-Iaws, rules and regulations, not inconsistent with the con- 
 stitution or laws of the hind, as they may deem proper, for the well 
 ordering of the affairs of the company; lor the protection and pre- 
 servation of their property, and for the maintenance of good order 
 and good police among their officers, agents, servants and laborers, 
 and among the boatmen and others who nsp their canal and other 
 Works. 
 
 Not to subscribe 3. The said company shall not subscribe to the stock of any other 
 corapani's ""'" company, unless it be specially allowed by law; but this prohibition 
 
CANAL AND NAVIGATION COMPANIES. 79 
 
 shall not prevent it from receiving stocks or other property in satis- 
 faction of any judgment, order or decree, or as collateral security for 
 or in payment of any debt, or from purchasing stoeks or other pro- 
 perty at any sale made for its benefit. If it so receive shares of its 
 own stock, it may either extinguish the same, or sell and transfer 
 snch shares to a purchaser. While, however, it holds such shares of 
 its own stock, no vote shall he given thereon. 
 
 Works and properly not to be encumbered or sold. 
 
 4. The said company shall not have the power, by mortgage, deed Restrictions ai 
 of trust or other contract, to create a lien upon its works ami pro- 
 perty, exeept that herein after created in favor of the Commonwealth 
 
 of Virginia, and shall not lie competent to sell the same without the 
 assent of the general assembly of Virginia. 
 
 Provision for repayment of money expended on Kanaicha improve- 
 ment. 
 
 5. The Kanawha river shall remain subject to all the existing Kanawha im 
 laws in relation thereto, and unaffected by this act, until the com- 
 pletion of the work now under contract and in progress upon said river: 
 provided such work shall be completed before the first day of January 
 eighteen hundred and sixty-three; but when the said Virginia canal 
 company shall be rally organized and vested with the control of the re- 
 sidue of the line other than the Kanawha river, the term of office of the 
 
 pre& ol members of the Kanawha board shall expire, and members of How directors 
 said board shall be appointed, two by the Virginia canal company, and ' ,,,p "" 
 three by the Board of public works, whose term of office shall be the 
 
 same as now prew ribed by law, all of whom shall be citizens of the 
 State, and residents of the Kanawha valley; and the present mem- 
 bers of the Kanawha board may be reappointed as members of the 
 new board, ami sneh new Kanawha board shall have control of the How long to 
 Kanawha river until the payment by the Virginia canal company Of control* 
 
 the money herein alter provided to be paid on aooounl of the Ka- 
 nawha riVCT. Immediately alter the completion of the work now in 
 progress on the Kanawha river, or on the first day of January eigh- 
 teen hundred and sixty-three, if such work shall not be completed 
 
 before thai time, the said Virginia canal company shall pay to the 
 
 commonwealth of Virginia so much of the appropriation of March 
 twenty-third, eighteen hundred and sixty, for the improvement of 
 
 the Kanawha ri\er. a.« may have been bona fide expended in the COO- 
 
 struction of said improvement ; and upon payment of said amount, when vbgMa 
 id Virginia canal company, bj the operation oi this act ami: 
 
 the conveyance herein after authorized, shall be invested with all th( 
 
 r iiri'l 
 
 rights, powers, franchise!, and privileges "f tie- James river ami Ka- K 
 
 t ,:i,i y 
 nawha company, in and to said Kanawha river; ami apon snob p 
 
 incut, the said commonwealth shall release the mortgage given b] 
 
 !•■ 1< .1- '1 
 
so 
 
 CANAL AND NAVIGATION COMPANIES. 
 
 the raid Jamea river and Kanawha company on the said Kanawha 
 improvement, to secure the payment of tin- said bonds. Such release 
 shall be executed by the Board of public works as soon as satisfac- 
 tory evidence is submitted bo them of the payment aforesaid. 
 
 Transfer of works by James river and Kanawha company ; precedent 
 conditions. 
 
 I'r. . , dent con- 
 ditions of con- 
 veyance 
 
 When convey- 
 ance to be made 
 
 6. "When the Board of public works shall he satisfied that the 
 minimum capital as provided in the next chapter, lias been raised as 
 therein required, and the said M. de Bellbt dea ftiinierea and liis as- 
 sociates shall have deposited with the treasurer of the state of Vir- 
 ginia, in the manner prescribed by law, one million of dollars in the 
 six per cent, registered Btockof the commonwealth, and shall have 
 deposited in one or more of the hanks of the city of Richmond, to 
 the credit of the president and directors of the James river and Ka- 
 nawha company, for the purpose of paying the floating debt of that 
 company, the sum of four hundred thousand dollars, to be applied to 
 the payment of the said floating debt as far as necessary, and the 
 balance, if any, to be returned to the said M. de Belief, des Minieres 
 and his associates, and satisfactory evidence of the performance of 
 said conditions shall have been furnished the Board of public works, 
 then the said James river and Kanawha company shall, by proper 
 deeds, convey its entire property, privileges and franchises of every 
 kind to the said Virginia canal company, subject to the provisions 
 and requirements of the fifth section of this chapter, and to the con- 
 ditions hereafter required in this act, and also to any present sub- 
 sisting contracts for the use of the water of the canal, or for any 
 other purpose. 
 
 Suits depending : how proceeded with. 
 
 Pending suits 7. All causes and matters which shall be depending and undeter- 
 mined in any court in this commonwealth, in which the James river 
 and Kanawha company are or may be parties, plaintiff or defendant, 
 on the day when the said transfer is made, shall be proceeded in, 
 tried and determined as if the same had been commenced by or 
 against the said Virginia canal company. 
 
 Transfer of rights of state of Virginia and release of its securities ; 
 
 conditions. 
 
 When state's 
 interest to be 
 transferred 
 
 When mort- 
 
 8. When the Board of public works shall be satisfied that the con- 
 ditions prescribed in the sixth section have; been fully complied with, 
 and that the minimum capital, as provided for in the next chapter, 
 shall have been raised as therein required, they shall transfer in like 
 manner to the said Virginia canal company, all the rights which the 
 state of Virginia has as a stockholder in the James river and Ka- 
 nawha company ; and shall furthermore release all mortgages, deeds 
 
CANAL AND NAVIGATION COMPANIES. " SI 
 
 of trust or other contracts, except the mortgage relative to the Ka- gagea to be 
 nawha river, by which any lien has been created to the common- 
 wealth upon the works and property of the said James river and 
 Kanawha company, subject only to the incumbrances, limitations and 
 restrictions by this act imposed. 
 
 Rights of new company after transfer. 
 
 9. The company hereby incorporated, thenceforward shall be en- Rights of new 
 titled to all the tolls, rents and other emoluments, rights, franchises, l^nltl^ 
 privileges and immunities, which are now enjoyed by the said James 
 
 river and Kanawha company, subject to the provisions and limita- 
 tions of the fifth section of this chapter. And the president and 
 directors of the new company, their officers and agents, shall take 
 possession of the property and works transferred as aforesaid, for the 
 bciu lit of the Virginia canal company. 
 
 Annuity to the stale. 
 
 10. The said Virginia canal company shall, in consideration of Annuity to the 
 the transfer aforesaid, by the state of Virginia, pay into the treasury 
 
 of the state, in the mode prescribed by law, semi-annually forever, 
 the sum of sixty-seven thousand five hundred dollars. But the said 
 company may at any time discharge itself from the said annuity by 
 the payment into the said treasury of the sum of two millions two 
 hundred and fifty thousand dollars in specie ; but until the same shall 
 be paid, the said annuity shall be forever a charge upon the whole 
 property and franchises of the company; and the legislature may 
 provide by law in what manuor the payment of the said annuity 
 ehall be enforced. 
 
 Sum to be paid to other stockholders. 
 
 11. The Virginia canal company shall furthermore take the said intend to ba 
 property so t<i be transferred to them, subject to the payment, to the hoidew** 
 corporate and individual stockholders mentioned in the second chap- 
 ter, of five per centum per annum on the amounts of the <•< rtificatefl 
 
 of stock held by eaoh respectively, to be computed from the date of 
 tin' organization of the said Virginia canal company, until the water 
 
 line herein after mentioned shall be completed to the < >1 1 i< » liver, 
 
 herein prescribed ; and thereafter, in lieu of the said five per cent.. Whaa •■ofOK- 
 shall pay to the said stockholders their ratable share «.f the profits of 
 
 the oompany. And for failure to perform tlii-- provision, the com- 
 pany maj l>e proceeded against as provided hereafter in the ieveatii 
 
 chapter. 
 
82 
 
 < WW. AMI NAVIGATION i'mMPAMIN. 
 
 II. — Of TIM: CAPITAL M . m k : BOW BTOOK 5UBS0RIBBD \M> PAID 
 Fou; REMEDY \<.\i\.-r DEUHQUXN1 BTOCKHOUWB8 \ TKANS- 
 ri us AND ISSUES OF CERTIFICATES 0* -LOCK. 
 
 Capital. 
 
 capitid nock 1. The capital stock of the V irginia eanal company shall nol ho 
 less than twenty millions nor more than thirty-five millions of dol- 
 larBi to be divided into shares of one hundred dollars each, except as 
 herein after provided. The minimum capital shall be provided in 
 
 the following manner: 
 
 Minimum capital, of what composed, and how provided. 
 
 Of wh;ii com- 
 posed 
 
 How itoek iu 
 b« renewed 
 
 Proportion 
 
 2. It shall consist of fifty-two thousand shares of one hundred dol- 
 lars each, the estimated value of the interest of the state of Virginia in 
 the James river and Kanawha company, which shall be the property 
 of the Virginia canal company: ten thousand shares of one hundred 
 dollars each, the interest of the private stockholders; and not ex- 
 ceeding seven thousand shares of the same value, on account of the 
 payments, by Bellot des Minieres, Brothers and Company, towards 
 the floating debt of the Janus river and Kanawha company, and for 
 money expended in the improvement of the Kanawha river, which 
 shall be the property of the said Bellot des Minieres, .Brothers and 
 Company, and other stock which may be hereafter subscribed for, 
 sufficient to make up, with the foregoing, the sum of twenty millions 
 of dollars. 
 
 3. The certificates of stock now held by individuals or corpora- 
 tions, shall be delivered up by said individuals or corporations to 
 said Virginia canal company, and shall be canceled, and in lieu 
 thereof, certificates of the stock of said Virginia canal company shall 
 be issued to said individuals and corporations, at the rate of one share 
 for every two shares held by each, at the par value of one hundred 
 dollars each. And when any such corporate or individual stock- 
 holder shall hold a number of shares which cannot be divided without 
 a fractional part of a share, the said corporation or individual, and 
 their successors or personal representatives, shall be entitled to tho 
 same provision therefor as is hereafter made for individual stock- 
 holders who have but one share of stock. 
 
 vf bat, when 4. In the case of individuals holding one share of said stock only, 
 
 me sbarc i> held th( , sai(1 sh . m . s]l . ll , , )(l ( i,.livered U p to said Virginia canal company 
 and be canceled, and in lieu thereof, a special certificate of .said com- 
 pany shall be issued, specifying that the said individual or his assigns 
 is entitled to one-half of one share of the capital stock of said com- 
 pany : or the said Virginia canal company may purchase said half 
 share in each case. 
 
CANAL AND NAVIGATION COMPANIES. S3 
 
 5. The said several component parts of stock heretofore subscribed Whai to const!- 
 for, and herein before specified, being estimated to amount in the minimum 
 
 aggregate to a sum not exceeding six millions nine hundred thousand <:ipit 
 
 dollars, shall constitute a part of the said minimum capital. The 
 
 residue thereof shall be raised by subscriptions, of which the said 
 
 Bellot des Minieres, Brothers and Company may take am part or 
 
 die Whole; ami if they shall not take the whole, the. president and How books of 
 
 directors of the James river and Kanawha company are hereby opened^ ° n 
 
 authorized to appoint commissioners at such places in France, or in 
 
 this state, or elsewhere) and at such times as they may deem proper, 
 for opening books therefor, and receiving subscriptions For so much 
 as shall not have been so taken, in shares of one hundred dollars 
 each: the amount to be paid by the subscribers in installments, or at 
 une time, according to the terms of subscription prescribed by said 
 president and directors. 
 
 6. When subscriptions, which, with the stock herein before pro- wh 
 
 nil minimum 
 
 vided for, shall have been obtained to the amount of twenty millions fa^h 
 
 of dollars, and at least one-seventh of said subscriptions shall have «' , " i " V(1 
 been paid to the authorized agents of the said president and direc- 
 tors, they shall certify and establish the fact to the satisfaction of the 
 Board of public works: and shall moreover satisfy said board that 
 the subscribers are solvent and able to pay the residue, or that the 
 same has heen properly secured ; and thereupon, the said board shall Dnty of Board 
 declare and so enter upon their records, that the minimum capital ° f IU,1 ' I,C 
 aforesaid has been provided as required by law. 
 
 Maximum capital; how provided. 
 
 7. Tf the said company shall deem it necessary to increase their how o*»Mal 
 
 capita] t<> the maximum amount of thirty-five millions of dollars, or "eased 
 
 10 an\ amount between the minimum and maximum capital, they 
 shall be authorized to raise the amount by subscription in such 
 manner as they may deem expedient and provide by their b\ -laWB. 
 
 11 Block transferred, when $tOckkoldcT$ rrfusr or fait A. / ransfrr it. 
 
 in oase any stockholder of the said .lame- river and Kanawha b*w ..tor* 
 
 company thai] be in> apa< itatc d by any cause from receiving, or shall 
 
 refuse or tail to reo Ive die certificate of stock to which he shall bo 
 
 entitled, for twelve months from ti rganization of tin- Virginia 
 
 eanal company, the stock standing in his Dame on the books of said j 
 
 I river and Kanawha company shall be transferred by - | I umSta 
 
 company to the commonwealth of Virginia, as trustee for saU 
 holder, and the certificate of msferred shall be delivered 
 
 up by the 1',, ard of public work" to said \ nal company 
 
 ami be eanci led. and a new certificate of stood shall bo itaned by 
 
 said '\ ' anal company to the comiininwcalth of Virginia, as 
 
84 CANAL AND NAVIGATION COMPANIES. 
 
 trust, i- for - ai.l stockholder, and the same shall be held by tin- Board 
 
 of public works in trust fox the me and benefit of Bald stockholder, 
 to be transferred by said board ti> said Btookholder, or his persona] 
 if not applied representative, whenever he shall demand the same; but if it be not 
 bow applied^ demanded within five yean Gram the i«mrng of said certificate to the 
 commonwealth, the same shall constitute a pari of the Sinking fond 
 of the commonwealth of Virginia, and may lie sold, and the proceeds 
 applied, or the profits therefrom may lie applied to the redemption of 
 the public debt : provided, that stock so held by the state shall not 
 be represented in the meetings of the stockholders of the company. 
 
 Slock ; how verified ; shares personal estate. 
 
 Stock personal 9. The paid Virginia canal company shall keep a regular roll of 
 their stockholders, and shall furnish to each, one or more certificates 
 of his Btook, as may he required, verified by the seal of the corpora- 
 tion and the signature of the president. The stock shall he deemed 
 personal estate, and as such shall pass to the personal representative 
 or assignee of a stockholder. 
 
 Governments not permitted to be stockholders. 
 
 Government* 10- No government of any state or country, other than the goveru- 
 
 be^oTkhoideVs ment °* tne state °f Virginia, shall become subscribers to the stock 
 
 of said company, nor shall any stockholder at any time assign or 
 
 transfer hi* stock to any such government ; and such subscription or 
 
 assignment, if made, shall he void. 
 
 Transfers of stock in foreign office to be certified. 
 
 Transfers of 11. Any transfers of stock which may be made in the foreign 
 
 officio bo r cc^ office hereby authorized to he opened in Paris, shall he certified by 
 tifie<1 the officer in charge of that office, at the end of every three months, 
 
 to the company's office in Richmond, there to he transferred and re- 
 corded in the general transfer books of said company. 
 
 Foreigners to be subject to tribunals of Virginia only. 
 
 Foreigners to bo 12. All citizens or subjects of any foreign state or country who 
 nalSof Vfrgtata are or ma J' DC hereafter interested in the stock, property or franchises 
 of the Virginia canal company, shall accept and hold the same sub- 
 ject to the distinct stipulation that all questions arising under the 
 legislation of Virginia in regard thereto, shall be submitted to the 
 exclusive and final jurisdiction of the tribunals of Virginia, expressly 
 renouncing and disclaiming all right to the intervention of the go- 
 vernments to which they may be suhject, in any manner whatever. 
 But controversies arising between persons residing out of the com- 
 monwealth of Virginia, in relation to any interests they may have or 
 claim in said company, or the property or stock thereof, shall not be 
 embraced in the provisions of this section. 
 
CANAL AND NAVIGATION COMPANIES. 85 
 
 III. — Meetings of stockholders; votes ra meetings; presi- 
 dent AND DIRECTORS; THEIR APPOINTMENT; GENERAL POWERS 
 AND DUTIES; OFFICES OP COMPANY ; APPOINTMENT OF OFFICERS 
 AND AGENTS, AND HOW THEIR DUTIES AND COMPENSATION ARE 
 PRESCRIBED. 
 
 General Hireling of stockholders, how convened. 
 
 1. As poor as it shall be ascertained, as herein before provided, How meeting of 
 that the minimum amount of capital has been raised, and after the convened 6 " 
 conditions precedent herein before set forth shall have been per- 
 formed, the president and directors of the James river and Kanawha 
 company shall give notice thereof, by publication in a newspaper in 
 the city of Richmond, for not less than two weeks, and call a general 
 meeting of the stockholders, to meet at a certain place in the city of 
 Richmond, not less than fourteen nor more than thirty days from the 
 firsl day of such publication. The stockholders, their executors, ad- When incorpo- 
 ministrators or assigns, shall stand incorporated from the time of, ncuco 
 such meeting, unless in the said meeting it he determined otherwise. 
 If. on the day appointed for this or any general meeting, a sufficient 
 numher of stockholders do not attend to constitute a general meeting, 
 those present may adjourn from time to time till a sufficient number 
 shall attend. 
 
 2. Annual meetings of the stockholders shall thereafter he held when annual 
 
 on such day as they may in general meeting from time to time ap-™ L e i d in{ 
 point, and at such place as shall he lived from time to time hy the 
 hoard of directors, of which notice shall he published for two weeks 
 in some newspaper printed in the city of Richmond; and there shall 
 he at least one general meeting every year in the said city of Rich- 
 mond, nt such time as the by-laws of the said company shall pre- 
 icribe. 
 
 3. A general meeting of stockholders may he held at any time, Called mi 
 
 upon the call of the hoard of directors, or of stockholders holding to- 
 gether one-twentieth of the capital stock, upon their giving notice of 
 
 the time and place tor such meeting for thirty days in a newspaper 
 published in or near the place at which the last annual meeting was 
 held. 
 
 Meetingi koto constituted; proxies, when appointed. 
 
 4. To constitute s general meeting, there musl he present, either Meetings, how 
 in person or by proxy, a number of stockholders havings right to 
 
 give a majority of nil the votes which oould ho given at a meeting of 
 nil the stockholders, exclusive of the fifty-two thousand sh.-in-s before 
 
 mentioned, or am portion thereof, while owned hy the Virginia canal 
 
 company. And where the stookhold< r desires to he repr< sented by 
 
SG 
 
 CANAL AND NAVIGATION COMPANIES. 
 
 prosy, such proxy moil be appointed within fifteen months of nab 
 general meeting, such meeting may adjourn From time to time until 
 
 ii> business is completed. 
 
 i 
 
 /' ted to be kept. 
 
 r>. The proceedings of the stockholders al all genera] meetingi 
 shall be regnlarly kept, be verified by the signntnre of the presiding 
 officer, :iii<l oarefoirj preserved in a\ « • 1 1 bound books; and the namei 
 of all the stockholders present, whether in poison or by proxy, shall 
 be i ntered on the minutes. 
 
 Votes of stockholders. 
 
 G. In any meeting of stockholders, each stockholder may. in per- 
 son <>r by proxy, give the following vote on whatever Btoek he may 
 bold in the same ridit. to wit: one vote fur each share of stock not 
 exceeding twenty, and one rote for every ten shares exceeding 
 
 twenty. 
 
 How. npou 
 
 Itock train-- 
 tarred within 
 t. : \- p dayi 
 
 7. When a vote is offered to be given at any meeting, npon stock 
 transferred within sixty days before rack meeting, if any present ob- 
 ject to the vote it shall not be counted, unless the stockholder or his 
 
 proxy has made or shall make oath that the Btook on which such vote 
 is to be given, is held by such stockholder bona fide, and not by vir- 
 tue of a transfer made with intent to give more votes than is allowed 
 by the preceding section. 
 
 President ami 
 
 President dud hoard of directors. 
 
 8. Thi' board for the maiumciin lit of the alfairs of the company 
 shall consist of a president ami seven directors, with the privilege to 
 
 the company to increase the number of directors to twelve. 
 
 How appointed 9. At the first general meeting and at each stated annual meeting 
 thereafter held in Richmond, the stockholders shall appoint the pre- 
 sident and all of the directors of the company, except two. who shall 
 bold their offices for one year, and thereafter until their successors 
 Khali be appointed, unless sooner removed by the stockholders in ge- 
 neral meeting. Two of the said directors shall be appointed by the 
 Board of public works of Virginia, and shall hold their offices in like 
 
 Appointment of manner and be removed at any time by the appointing power. The 
 i by the appointment of the president shall be certified to the governor of the 
 
 goviTuor commonwealth Of Virginia, for his approval. If disapproved, the said 
 
 stockholders in general meeting shall appoint some other person to 
 be president ; and no person shall be president unless the appoint- 
 
 Vacanclea, how ment be approved by the governor. Vacancies in the office of pre- 
 sident or directors shall be filled by the board of directors, except the 
 
 filled 
 
CANAL AND NAVIGATION COMPANIES. S? 
 
 directors on the part of the state, whose vacancies shall be filled as 
 provided in the first appointment. A majority of said din dors shall 
 be residents of the state of Virginia. 
 
 Duties and poivcrs of president and directors. 
 
 10. The president and directors of the company, subject to the Duties and 
 control of the stockholders in genera] meeting and of the by-laws, fidentand 1 *™ 
 shall he charged with the immediate care and superintendence of the ,|,roctor8 
 affairs of the company; with making and executing their contracts, 
 
 either by themselves or by their lawful agents; with constructing and 
 
 preserving their works; with the custody and preservation of all the 
 
 property of the company; and with the control and direction of all 
 
 of their agents. A majority of the hoard shall constitute a quorum Quorum 
 
 for the transaction of business; and when the president is absent, the 
 
 directors shall appoint one of their own body president pro tempore. 
 
 The proceedings of the board shall be recorded in the English Ian- How proceed 
 
 guage. at the office in Richmond, and be at all times open to the in- ' 
 
 spection of the stockholders and the state; and in the case of the 
 
 latter, by such officer as the general assembly, the Board of public 
 
 works or the governor may appoint. 
 
 Journals and records; how kept and authenticated. 
 
 11. The journal of said proceedings shall be verified by the signa- Journal 
 tore nf the presiding officer, and preserved in well bound boohs, 
 wherein the nanus of the members present shall be always entered. 
 
 and the vote of each member recorded when he shall require it. 
 
 They shall oanse regular books of account to be kept of all the re- nooks or 
 
 eeipts and disbursements, and of all the dealings of the company, 
 
 and shall cause their books to be regularly balanced semi-annually, 
 on such days as the by-laws .-hall prescribe. All books, papers, cor- Subject to 
 r o s p ondenoe and funds in possession of any officer of the eompanv. ' '"'' "' ,|on 
 shall at all times be .-uhjeet to the inspection of the board, or a com- 
 
 mitti e thereof. 
 
 Company's ojfirr. 
 
 12. The office of the company shall be n\ Richmond, Virginia, but oflec „t n,rh 
 
 i and 
 
 a branch may be located al Tans in Prance; but the officers and 
 
 mum control said sffiee and branch may he. shall he subject to such 
 id regulation- as may be p r escr i bed by the board. 
 
 Mcrtinps of board of directort. 
 
 18, The board shall hold mi i ich times as they shall m i 
 
 fit, or the president shall roqiiin Man it shall be d< 
 
 Sided N<> in. ml>< r of the bunrd shall vol.- on | qaettlM 
 
88 ILL AM» HAVTGATIOH COMPANIES. 
 
 in which he Is personally interested otherwise than es a stockholder. 
 
 The nanus of those voting SSjOh May shall lie taken down, it' de s ir e d 
 at the tillie by any nieinher. 
 
 
 mpen- 
 tattoo <>f I'risi- 
 dent and dire©- 
 ced 
 
 Officers anil agents of company; their compensation. 
 
 1 1. Subject to the direction and control of the stockholders in ge- 
 nera] meeting, and the by-laws, the board shall appoint a seen 
 
 and such other officers and agents as it may deem prop r, and pre- 
 
 scrihe their duties, liabilities and compensation. They shall require 
 
 from such of them as they deem proper, bondB payable to the com- 
 psny, with such conditions as the hoard may require, and with such 
 sureties as it may approve; and the ollicers shall hold their pi 
 during its pleasure. The compensation to the president and direc- 
 tors shall he prescribed by the stockholders in general meeting; and 
 to all other ollicers, by the hoard of directory unless otherwise pre- 
 served by the stockholders. 
 
 i de- 
 linquent! 
 How payment 
 enforced 
 
 Remedy against delinquent stockholders. 
 
 15. If the money which any stockholder has to pay upon his 
 shares, he not paid as required by the president and directors, the 
 same, with interest thereon, may ho recovered by warrant, action or 
 motion; or such shares may, after notice in a newspaper for ono 
 month, of the time and place of sale, he sold at public auction for 
 ready money, and transferred to the purchaser. 
 
 ibnned 16. Out of the proceeds of such sale there shall he paid the 
 Charge, and the money which ought to have hcen paid upon the said 
 shares, with interest thereon. Any surplus shall be paid to tie- dd 
 linquent or his representative. 
 
 if stock 17. If there he no wale for want of bidden, or if the sale Bhall 
 not produce enough to pay the charges, and the money which ought 
 to he paid, with interest, the company may recover against such 
 stockholder whatever may remain unpaid, with interest thereon, hy 
 warrant, action or motion as aforesaid. 
 
 Whin BtOck 
 
 oulgned 
 
 Who owner 
 
 18. No stock shall he assigned on the hooks without the consent 
 
 of the company, until all the money which has become payable 
 
 thereon shall have hcen paid; ami on any assignment, the assignee 
 
 and assignor shaD each he liable for any installments which may 
 have accrued, or which may thereafter accrue, and may he proceeded 
 against in the manner before provided. 
 
 19. A person in whose name shares of stock stand on the hooks 
 of the said company, shall bo deemed the owner thereof as it re- 
 gards the company. 
 
CANAL AND NAVIGATION COMPANIES. 80 
 
 20. The European parties and stockholders may, as between them- European 
 selves, determine what their relative rights and obligations shall be. 
 
 Regulations for transfers of stock. 
 
 21. If any such prison shall, for valuable consideration, Bell, How trana- 
 pledge or otherwise dispose of any of his shares of stuck to another, 
 
 and deliver to him the certificate for such shares, with a power of 
 attorney authorizing the transfer of the same on the bonks, the title 
 of the former (both at law and in equity) shall vest in the latter, so 
 far as may lie necessary to effect the purpose of the sale, pledge, or 
 other disposition, not only as between the parties themselves, but 
 also as against the creditors of and subsequent purchasers from the 
 former, subject to the provisions of the preceding nineteenth section. 
 
 22. The person to whom any such certificate may be issued, may How new oerti 
 return the same to the office of the company, and in person, or by 
 
 an attorney acting under a power from him, assign on the books of 
 the company either the whole number of shares mentioned in snoh 
 certificate, or a less number. The certificate so returned shall be 
 canceled and filed in the company's office ; and thereupon so many 
 new certificates shall be issued, and to such person or persons sua may 
 be proper in the case. 
 
 Lost certificates renewed. 
 
 23. When a person to whom such a certificate is issued, alleges it How lost eerti- 
 to have been lost, he shall file in the office of the company: 1. an 
 
 affidavit setting forth, as nearly as he can state the same, the time. 
 place and circumstances of the loss; 2, proof of his having adver- 
 tised the same in a newspaper once a week for two months; and .'!. 
 li bond to the company, with one or more sufficient sureties, condi- 
 tioned to indemnify all persons against any loss in consequence of 
 timing a new certificate in place of the former : and thereupon the 
 board may direct such new certificate, and the same sliaH be issued 
 accordingly. 
 
 IV. — Of Tin: POWEB OF Tin: OOHPAHY TO makt: sinvrvs and 
 n:i PBOP1 M vi i 1:1 \I s: I H LSI vi [OH; 
 
 V.I I II mi in K W'KKS. 
 
 Surveys for route of lints. 
 
 l. The Virginia canal company may by its offl< . 
 vants. < nter upon any lands (or the par] mining the taate, 
 
 and mrjveying and laying oul such m may seem fit for tl ■ 
 
 said ( ompany, to any oAoei or a_'< nt authorized by it : pIW id, d just 
 comp ( n-ation be mad'- for any injury done to the owner ..r i 
 
90 ami navk; vi n»N < omiuxies. 
 
 m of the land. Bui the oompany Bhall nod onder the authority of thin 
 
 •.'iii.tlirowop.il an\ EbOOM Of < in-l.--.iiri - oil am land, or injur*- 
 
 the prop* riy of the ownet or poeoeeoor, or Invade the dwelling home 
 of any free person, or any space with sixty feel thereof) without the 
 consent of the owner. 
 
 //■'/■ much rral cstatr may hr a c qu i re d * 
 
 i. ... •-..-. S3, The land aequired by the oo mpa a y along its line generally, 
 
 ■hall ii"i exoeed two bnndred feel in width, except En deep oats and 
 fillings; and then only ao mnoh more Bhall beaoqnired at maj be 
 reasonably neoesaary therefor. The land which it maj acquire for 
 bnildinga or for an abutment along its line generally, shall not i need 
 
 Amount to bo five acre- in any one parcel: anil the land which it may aoquire for 
 
 bnildinga or other purposes of the oompany at the prinoipal termini 
 
 of it- v, oik. Of at any place or places where basins may be n- 0( -ary 
 
 for the iiccoininodatioii of tin- trade, shall nol exoeed thirty aores in 
 
 any one par. - 1. 
 Cun.-a to Cr.-'-n- ■'!. For tin- purpose of .< u p]'l\ ii i lt water to tin- summit level of the 
 
 Alleghany mountain, and t-- the Greenbrier, New and Kanawha 
 rivers, the oompany ma] extend a canal t<- Greenbrier river or to 
 Sow modi land Anthony's creek, or to any other creel deemed necessary, and may 
 acquire land not exceeding two hundred feet on the line of said canal, 
 except in deep cuts and fillings, and then only s-- much more as may 
 be u. oessarj . and such other lands on the line of said canal, or at the 
 termini thereof, ae meyma] require for abutments for dams on said 
 Greenbrier river or creek, or elsewhere on said canal, or for lots ox 
 
 BaMm buildings, DOt exceeding five aores; and for resi rvoirs to supply -aid 
 
 summit level* or increasing the depth of water In said rivers, they 
 nay aoquire any hinds which may be Deoessary for that purpose. 
 
 And the said company maj purchase the whole or any part of a tract 
 Of land, am part of which tract will 1"' OOVCred by the Water of said 
 reservoirs, and may build am dams and construct any work.- which 
 When land to may be m-c ■-.-;. n fox the formation of such reservoirs. But any 
 land BO purchased which shall not lie necessary for the convenient 
 ubc and maintenance of said reservoirs, shall be sold or otherwise 
 
 disposed of bj the said oompany within five years after the Baid re- 
 servoirs are completed, and if the said company shall fail to sell said 
 
 lands within die five years, the same shall be forfeited to the com- 
 monwealth. 
 
 i.ando along line 4. The said company may contract with the owners thereof fox 
 
 such lands along their line of improvement as they are authorized to 
 
 acquire for the purpose of said improvement : and the said oompany 
 
 may also purchase from the owners such small parcels of hind as, 
 
 being oat off from the main body of the tract, would be inconvenient 
 
 for tiie owner to hold, and burdensome for the company to connect by 
 
CANAL AND NAVIGATION COMPANIES. 91 
 
 bridges with the Other lands of the owner, and such other small par- 
 eels of land lying convenient to the company's 1 i n<- of improvement, 
 and containing quarries of stone or marble, water proof lime, coal, 
 or other minerals which WOnld be useful to the company in con- 
 strncting and repairing their works and carrying on their appropriate 
 business: provided, thai no one parcel of land so to be purchased Proriao 
 
 shall exceed one hundred acres, and that the whole together shall not 
 exceed four thousand acn 
 
 5. Eer the purpose of assessing the damages to the owner from abbobhom 
 the condemnation of liis land for the use of the canal, or any feeder 
 
 of the canal, or for any abutment of a dam, or for the sites of toll 
 houses, stables or other buildings, or for reservoirs, there shall be 
 appointed by the Board of public work- for the line of the improve- 
 ment extending from tide water to Lynchburg, and for the line ex- 
 tending from Lynchburg to Covington, and for the line extending 
 from Covington to Loup creek shoals, and for the line extending 
 from Loup creek shoals to the Ohio river, five assessors for each How «pp 
 of said divisions, being discreet, intelligent and impartial men. nei- 
 ther Stockholders of the company nor owners of any land through 
 which the improvements of the company will pass: who. or any 
 three or mor< of them, shall constitute a hoard for the assessment of 
 such damages throughout the line of the improvement on the divi- 
 sion fur which they are respectively appointed. All vacancies in the Tntnmrtw 
 board of hall be filled by the Board of public works. 
 
 The» shall hold their offices during the ph BSUre ( f the 
 
 Board of public works, and shall receive, as a compensation for their 
 
 -. the dollars each for even day he shall be engaged in per- 
 formance of his duties, and twenty cents for every mile he shall ne- 
 rily travel to and from the place of performing his duties, to be 
 paid by the company. 
 
 6. I' 1 '"re . ntering upon the duties of his office, each hall 
 
 take an oath of office before some justice of the peace within this 
 commonwealth, or before the Board of public works, or some mem- 
 ber thereof; which being duly certified, shall bt ft among 
 
 li - of the Board of public works, and shall be to the follow 
 effect : •■ I. A B, do solemnly swear or affirm, that I will impartially <>.,th rf «*»r.*,r 
 and justly, to the best of my ability, perform the dutii 'Tire 
 
 ' to the Virginia canal company; that I will well and truly, 
 
 i of my judgment, ascertain what will I 
 • >n to any proprietor f<>r any land I d fi-r the 
 
 ipany, and fnr damagi ■ to tl 
 beyond the ] ich reei- 
 
 fae, from the work tob constructed, aad dial T will unite with 
 
 a ss e ssors In truly certifying our pixx 
 tribunal." 
 
 7. It shall be the duty of the amcMor* ko appointed and qtJaliA 
 whenever they phall if of the president 
 
'•-.' CANAL AND KAVIOATIOH COMPAIOEB. 
 
 and directors of tin- company, at root time as the said shall 
 
 Appoint, and without delay, to assemble on the land proposed bo be 
 condemned, and after viewing the same, and hearing raeh proper 
 evidence as either party may offer, they shall ascertain, according to 
 the beet of their judgment! and in the true spirit of the oath they 
 have taken* the damages which the propriet o r of the land will sus- 
 tain by the condemnation thereof fur the nse of the oompany, re- 
 garding roch proprietor as the owner of the whole fee simple inte- 
 • therein. No snob proceeding, however, shall be had without 
 consent < >f parties, unless ten days' previous notice of the time and 
 place shall have been given t<i the owner of the land, or t<> his guar- 
 dian, if the owner be an infant, or to the committee, the owner being 
 non compos mentis, if roch owner, guardian <>r committee, can be 
 
 found within tin- county where the land, or any part thereof, may 
 lie: or if he cannot he so found, unless such notice shall have been 
 published at least one month next preceding, in some newspaper 
 printed as oonvenienl as may be to such land. Any one or more of 
 the assessors attending on the day appointed, may adjourn from time 
 
 to time Until their business shall he finished. 
 
 Report of 9. "When the assessors -hall have agreed upon the amount of 
 
 damages, they shall forthwith make a written report of their pro- 
 ceedings, under their hands and seals, in substance as followeth: 
 •• We. tin' undersigned, assessors to the Virginis canal company, for 
 the division from to .do hereby certify, thai after duo 
 
 notice of the day and place appointed for our meeting, we, on the 
 day of . that being the day so appointed (or the day 
 
 to which we were regularly adjourned from the day so appointed), met 
 
 together upon the lands of (' I >. in the county of . w hi< h the 
 
 company aforesaid propose to condemn for tin ir 086, and after I 
 
 viewed the premises, ami heard such proper evidence as either party 
 
 offered to us. we proceeded to estimate the quantity and quality of 
 
 tin' land aforesaid, the quantity of additional fencing which would 
 
 probably he occasioned by its condemnation, and the following, which 
 
 seemed tons all the other inconveniences and damages which were 
 likely to resull therefrom to the proprietor of the said land — that is 
 to say : (here the particular inconveniences and damages anticipated 
 shall be plainly set down)- that we combined with these considera- 
 tions, as far as we could, a just regard to the peculiar advantages 
 which would hi' derived by the proprietor of the land from the con- 
 struction of the improvement, for the use of which tin- said land is 
 
 to he condemned. That under the influence of these considerations, 
 we have estimated and do hereby assess the damages which will be 
 sustained by the proprietor of the said lands from the condemnation 
 thereof for the use; of the company, at the sum of 
 
 Griven onder our hands and seals this day of 
 
 A. 
 
 B. 
 
 [Seal.] 
 
 c. 
 
 D. 
 
 [Seal.] 
 
 E. 
 
 F. 
 
 [Seal.]" 
 
CANAL AND NAVIGATION COMPANIES. 93 
 
 Such report, signed and sealed by at least three of the assessors. Where report 
 together with a copy of the notice of the time ami place of their Howronflmed 
 meeting, duly verified, shall be forthwith returned by the murmurs to 
 the circuit court for that county in which the land. or the greater 
 part thereof, may lie; and unless good cause be.ahown againsl the 
 report, it shall be confirmed by the court, and recorded ;it the first 
 term to which it shall he returned, or as soon thereafter as may he. 
 If the assessors he unable to agree in their assessment, tiny shall what done in 
 report their disagreement totheoonrt; and if from any can ement 
 
 shall fail to make and return to court a report of their proceedings 
 Within a reasonable time, they may he compelled by mandamus or 
 other proper process. When the assessors report their disagreement 
 to the enurt. or when the report of their assessment shall 1"> disaf- 
 firmed, the court may in its discretion, as often as may he necessary, 
 remand the e;ise to the assessors for a new report, or may, pro hac 
 vice, supersede them or any of them, and appoint others in their 
 st i ad : and in so remanding it, may give such instructions on the law 
 as may he proper. 
 
 f>. On the confirmation of any such report, and on the payment to How, wbeo 
 tli'' proprietor of the land of the damages so assessed, or the payment I ' , '" r 
 of said damages into court, when, for good cause shown, the court 
 shall so have ordered it. the land viewed and a ss e s se d a- aforesaid 
 shall lie vested in the Virginia canal company, in the same manner 
 as if the proprietor had sold and conveyed it to them. 
 
 1". While these proceedings are depending for the purpose of as- what may i- 
 oertaining the damages to the proprietor for the condemnation of hie proceedings* 
 land, and even before they shall have been instituted, the president 
 and directors, if they think that the interest of the company requires 
 it. may by themselves, their officers, agents and servants, enter upon 
 the land- laid out by them a- aforesaid, and which they desire t<> con- 
 demn, and apply the same to the u.-e of the company. If. when they 
 so take ]>i>-> ssion, prooe* dim-- to bscm rtain the damages :i- afbri -aid 
 shall he pending, it shall he their duty diligently to prosecute them to 
 a conclusion; or if none he then pending, they shall without delay 
 • ite them, ami diligently pros ecu te them to a conclusion. Ami 
 when the report of i lining the damagi s, thai 
 
 return & and confirmed, the court shall render judgment in favor of 
 the propll< t"r of the land for the amount thereof, and < ith< r < QBnpaJ 
 
 •■n for its i< 
 'irt shall • In the BM an time no ordct nhall be j n wbnt cue 
 
 inad. . and no injunction shall be awarded, by any curt or J . award^T^ 
 
 apany in the p ro secut i o n of their work-. 
 
 nnh-s it l- mattes! thai they, faff oA 
 
 - authority given them by tl, | thai the hv 
 
 terpositioa of the . OUTl ,- m I - r-ar 4 injury that cam...; 1» 
 
 sated in damages. 
 
94 
 
 . \\\l. \NI> NTAVIOATIOH COMPANIES. 
 
 •wm r 
 may apply to 
 
 Duty of 
 
 II, Iff the president :m<l directors shall here taken pt 
 any laud before the same shall have been purchased by diem, or con- 
 demn* l '"I paid for according to law, and shall for sixty days after 
 
 ssion, and after tin- lm;ird of a-- ssora Bhall have I 
 appointed and qualified as herein provided, tail to institute proceed- 
 ings for its condemnation as afon said, it shall It lawful for tin- pro* 
 prietor of the land to make application to the at and apoa 
 
 snob application it shall be 1 1 1 « - duty of tin . upon ten days' 
 
 previous notice given to tit*- president and directors, or any id" them, 
 to proceed to asm >< the damages to the owm r from tin- condemnation 
 of his land, and to report their proceedings in like manner, in all re- 
 
 -]m ota, as if application bad been made to them on behalf of the oom- 
 
 Procwdingn In pany : and opon BUCfa report, the same proceedings shall l>e had in 
 
 court as if it had been made <m the application of the president and 
 directors, save only that when such report ascertaining the damages 
 shall be confirmed, the court shall render judgment in favor of the 
 proprietor for the dam:' ! and double costs-; and shall 
 
 thereupon either compel the company to pay into court th 
 and costs bo adjudged, or award ; ation therefor, as to 
 
 the court shall seem right. 
 
 Titu%- IS. When the judgment rendered for (hedamagi d and 
 
 costs, shall be satisfied by the payment of the money into court or 
 otherwise, the title of the land forwhioh Buoh damages were as- 
 Bhall be vested in the company in the same manner B8 if the proprie- 
 tor had sold and conveyed it to them. 
 
 ught of app : 13. When the circuit court -hall have pronounced Bnal judgment 
 
 in any proceeding under this act. it shall be lawful for any part} ag- 
 grieved by snob judgment, to have the same revised and reversed in 
 the court of appeals, upon writ Of error or BUpersed( as, for error ap- 
 parent on the record, in like manner as other judgments of the cir- 
 cuit court- may he revisi d ami reversed in the court of appeals. 
 
 Damages for 
 unfor.v ■ n 
 iajuriui 
 
 14. The judgment upon the report of the assessors shall lie no bar 
 to the recovery of damages for any injury not foreseen and estimated 
 by them, and accruing after the date of their report : and to recover 
 damages for any injury arising from the condemnation of his land, 
 accruing after the date of the report, not foreseen and estimated by 
 the assessors, the proprietor Of the land, his heirs and assigns, shall 
 have remedy by proceeding before the assessors and the mints, in 
 like manner as for tin- original assessment of damages: and if there 
 be no such assessors, by proceeding before such other tribunal, and 
 in such manner as the legislature may hereafter provide; and if theft 
 bo no such tribunal, then by action on the case. 
 
 Damages for 15. If the said Virginia canal company, in entering upon the land 
 
 wanton injuries Q f an y p er80n uru i er the authority of this act, for the purpose of lay- 
 
.CANAL AND NAVIGATION COMPANIES. 95 
 
 ing out, constructing or enlarging, altering or repairing any of their 
 said WOlbs, do any wanton or willful injury to such land or its appur- 
 tenances, or to ih" oropa growing or gathered, or to any other pro- 
 perty thereon, flic saiil company shall pay to the person so injured 
 double fhe amount of the damages which shall be assessed by a jury 
 in any proper action therefor. 
 
 Company may change loralinn ; proceedings 'thereupon. 
 
 It!. Notwithstanding the company may have made a location of Change of 
 lands for its purposes, and proceeded to ascertain the compensation 
 therefor, the company may afterwards change ifs location from time 
 
 to time, as often as if & e cause; and proceedings may be had to as- 
 u what will he a just compensation for the lands upon any such 
 new location, ami the work may be constructed upon or through the 
 same, and the title to such lands obtained in like manner as if it 
 W< " the first location. But whenever such change of location shall Landi ron- 
 be made, the title to the lands condemned for the former location revert upon 
 shall reverl to the original owner, his heirs or assigns; and when ]„' ( 'a!fu n ° 
 such change of location shall be made before the work is constructed, 
 the ds ostained by such owner by the entry of the company 
 
 upon his lands, shall be ascertained, and the payment thereof en- 
 forced as is herein provided when the company condemns lands for 
 its works. 
 
 Wagon ways for owners of land. 
 
 17. For e\( ry person, through whose land the roads or canals of Wagonway* 
 mpany pass, it shall provide proper wagon ways across the said 
 •r canals, from one part of the said land to the other, and k< ep 
 
 inch ways in good repair. And if the proprietor of the land and the 
 
 •ompany disagree as to the proper ways, tin shall fix 
 
 itn< . r< erring the ri.uht to either party to appeal to the circuit 
 court of the county in which the said wagon ways arc to be made, 
 which shall decide thereupon, and its decision shall be final. 
 
 Not to occupy streets in a town without, eon 
 
 1- The Company shall not occupy with it ttooeouy 
 
 any town, until the corporate authority of the town shall have as- wuhout n confea4 
 
 patron, unless such assent bed vritli by 
 
 •I of law. 
 
 t may cross or he connected with another. 
 19 y m»y 
 
 their work, .my rail road, turnpike 01 
 
 county road, It o : prorid 1 as 
 
 not to Impede the psanfS or tra?: of persons or pro] 
 
CANAL AND NAVIGATION COMPAKHS. 
 
 . sieng the me. [f said oonrpany desire thai the eonrse of any rasl 
 
 ■ I. turnpike, oanal ..r M:.tr rand should l" altered to avoid the ne- 
 
 ::v (if .-my crossing, <>r of frequent crossings, or to fa ci lit ate the 
 
 ring thereof, tin- alteration may In- naade in Book manner a- may 
 
 In- agreed between it ami tin- said rail mail, tnmpike or oanal ^« > 1 1 1 - 
 
 panv, or the Board of public works, in tin- oaaeofa stats mail. Ami 
 
 if such construction or alteration as is allowed by tliis section. BhaO 
 
 tans.' damage to any snob company, ox to the owner of any lands, the 
 
 said company shall pay Bnch damage. Bal any county road maj 1>«' 
 
 altered by«stiid oompany fox tin- purpose aforesaid, whenever it shall 
 
 have made an equally convenient road in lieu thereof. 
 
 lloir other ivories ma)/ cross or be connected with' it. 
 ■ oanal 20. If any rail road, turnpike 01 canal company deem it neOt BBB1J 
 
 in the construction of its work to cross the works of the Virginia oa- 
 nal oompany, it may do so: provided, that in crossing the same the 
 
 navigation shall not lie impeded ox obstructed, nor shall theoonstrue- 
 tions ami t<>w path of the oompany be in any manner interfered with. 
 
 No such oompany shall interfere with the mute or track for the Vir- 
 ginia canal company's water line as heretofore determined, without 
 the consent of saiil company. 
 
 Reservation fur connecting ivories. 
 
 Uonfoi 21. The legislature reserves the right to provide for connecting 
 ' un> -' with the works of said Virginia canal oompany any other work of 
 internal improvement, at such point as may seem to it proper. 
 
 JL'it- company may take materials from lam/ for their use. 
 
 t 
 Bight to 22. The Haiti company may, by its offioerB, agents or servants. 
 
 enter upon any convenient lands for the purpose of obtaining there- 
 from wood, stone, gravel or earth, to he used in constructing such 
 BoBtrictionB work, or in repairing, enlarging or altering the same. IJut the com- 
 pany shall not cut down any fruit tree, or any tree preserved in an\ 
 field 01 lot fox shade or ornament. 01 take part of any fence or build- 
 ing; nor take any of the said tilings from any lot in a town. Before 
 
 taking any of the said things the oompany, unless it agree therefor 
 
 with those having right thereto, shall give to the tenant of the free- 
 bold, his guardian or committee, or his tenant lor years, such notice, 
 and in such manner as is proscrihed in the seventh section of this 
 chapter, that at a certain time and [dace, to be specified in the no- 
 tice, application will he made to a justice to appoint commissioners 
 Viewers, how to ascertain what will bo a just compensation for the same. At 
 8ppon such time and place the justice shall appoint three disinterested free- 
 
 Thoirduty holders as commissioners, who, after being sworn, shall view the 
 premises, and report in writing the extent to which wood, stone, 
 
CANAL AND NAVIGATION COMPANIES. 97 
 
 gravel or earth u proposed to be taken ; the nature of the injury 
 which may be done in cutting, quarrying, digging or carrying away 
 the same, and what will be a just compensation therefor. The notice 
 in writing, certificate of the commissioners having been Bworn, and 
 their report, shall be forthwith returned to the court of the COUnty 
 or corporation. If pood cause be shown against the report, or if the 
 commissioners cannot agree, or fail to report within a reasonable 
 time, the court may, a< often as seems to it proper, appoint other 
 commissioners, who shall ad and report in the manner before pre- 
 scribed. If the report be oonfirmed, then upon the payment to the proceeding! 
 person entitled thereto, or into court, of the sum so ascertained, the 1U court 
 company may take and carry away the wood, stone, gravel or earth, 
 for which such compensation may have been allowed; and though 
 the report may not he confirmed, yet upon the payment into court of 
 the sum therein mentioned, it may proceed in like manner as if the 
 report had been confirmed, and payment made of the sum thereby 
 tained. Upon the coming in of a new report, after such pay- 
 ment into court, the court, if it affirm the. report, shall render judg- 
 ment ill like manner as in cases provided for by the tenth Bection. 
 From the time of any such judgment against the company, its right 
 so to cut, quarry, dig, take or carry away, shall he suspended until 
 the said judgment shall be satisfied. 
 
 23. It shall he the duty of commissioners appointed under the Dnty of i 
 ] n ceding Bection, if required so to do by the tenant of the freehold, 
 his gnardian or committee, or his tenant i'm- years, to enquire in the 
 
 fir.-t place whether, under all the circumstances of the case, it ho 
 reasonable and proper that the Company should he allowed to take 
 
 for its uses the timber or other materials which it is proposed to 
 condemn. If the opinion of the commissioners on this point be<rheirr 
 'adverse to the company, they shall report the same, with the rea» 
 on which it is founded, to the court to which the justice appointing 
 them belongs; and unless said report be reversed and annulled, 
 neither the commissioners nor the company shall have power to pro- 
 
 peed further under the section aforesaid. If. the opinion of the oom- 
 rs on such preliminary question he favorable to the com- 
 pany, and tin- tenant of the freehold, hi;, guardian or committor, and 
 bia tenant for yens, if there be sueli. acquiesce therein, they shall 
 pp" 1 1 ■! to discharge the other dutiei tor which they were appoint* d. 
 But it there he not such acq the coma ill n 
 port their opinion, with their reasom therefor, to the court aforesaid, 
 
 and ihaO not proeoed further in the discharge of their dutn s. in. 
 
 their report shall be oonfirmed; and either party may appeal from sight <of 
 the decision of i nit oeurt of die county, in 
 
 : umbr tttl and tie m \t pn I • ding M ction. 
 
j)C 
 
 CANAL AND NAVIGATION COMPANIE8. 
 
 mnovril 
 
 I and rem 
 
 •j I. In any oase in which the company may be entitled under this 
 ohapter to enter upon any land-, the sheriff or sergeant, whenever 
 required by the oompany, shall attend and remove force it' i 
 
 
 V. — OF Tin: GENERAL LINE OP THE QTPRO MORS 
 am. DIVISIONS OP THK WORK, AM> THE HOI 
 
 IMG \m> EtEPAIRING THE B AME ; OTHER WORKS " W- 
 
 i i i;i i:i:i;i» WITH; OBGULATIONS FOB ENLARGEMENT; ;nn POB 
 
 COMMENCING AND COMPLETING WORKS ; GUARANTEE! I >R OOM- 
 
 PLIANI B. 
 
 General lint qf im p rove m ent, 
 
 1. The Virginia canal company arc charged with tlio duty of con- 
 necting the Jamea river with the navigable waters of the Ohio, -■ 
 to make a continuous water line from tide water at Richmond, I i 
 
 Poinl Pleas. ;nt at the month of the Kanawha river : constructing the 
 
 works «ni the genera] plan of the improvement which lias already 
 been made or designated for the dames river ami Kanawha com- 
 pany's line, with the modifications herein after prescribed : the whole 
 beeoutnioted worJj )() bfl com pi ete 3 .„„] executed iii a substantial, durable ami 
 
 workmanlike manner. Their improvements shall he kept perma- 
 nently in good repair, free and lit for public use, according to the 
 provisions of this act ; ami the works which they shall construct, ami 
 
 the property which they shall acquire under the authority of law, 
 Bhall he vested in them and their successors forever, for their own 
 QB6 and benefit, Bubjeot, however, to all the provisions of tliis art. 
 
 I' tisions of work. 
 
 :ib of 
 
 \> i rk 
 
 I] 
 
 ■j. For the better designation of tin- line, ami for ready reference 
 ami description, the improvement with which the oompany is charged 
 
 shall he divided into divisions or sections, as follows : 
 Richmond dork. 
 
 First The Richmond dock am! Tide water connection, extending 
 from tli.- tide water to the basin in Richmond. The capacity of the 
 Tidewater connection and Richmond dock shall be enlarged, so as 
 to afford adequate accommodation to the trade of the line, by open- 
 ing a second communication with tide water by the route of tlio 
 llavall canal or other BUitable route, to he si let led by the company, 
 
 and the right thereto to he acquired as prescribed in the fourth chap- 
 ter: or, instead of that mode of improvement, by enlarging and 
 doubling the present Locks between the basin ami the (loch, as well 
 as the present ship lock, in such manner as may he necessary; and 
 by constructing all such other works as may he I ecessarj for enlarg- 
 ing the capacity of the dock and Tide water unection for the pur- 
 pose aforesaid. 
 
CANAL AND NAVIGATION COMPANIES. 99 
 
 Division from. Richmond to "Lynchburg. 
 Second — The Brat division of the canal, extending from the basin Richmond to 
 
 iii Richmond to Lynchburg, including the South side connections, 
 
 consisting of a dam and an outlet lock at ( 'arlersville. and three 
 bridges, to wit : one at New Canton, one at Hardwicksville and one 
 at Benl Creek, and the connection on the north side of the river with 
 the improvement of the Rivanna river. And the Virginia canal Virginia canal 
 company may, if they shall deem it expedient, contract with the Ri- contract with 
 vanna navigation company for the purchase of the works, property MUon^oompaay 
 and franchises of thai company, upon such terms as maj be agreed 
 upon by the parties and approved by the Board of public works; and 
 thereupon the works, property and franchises of the said Rivanna na- 
 vigation company shall he fully vested in the Virginia canal com- 
 pany, and shall constitute a part of the first division of the canal, 
 and he held by the said Virginia canal company as a pari "1 their 
 line of improvement, and subject to the provisions of this act. 
 
 Division from Lynchburg to Buchanan. 
 
 Third — The second division of the canal, extending from Lynch- Division from 
 burg to the town of Buchanan, including the connection with the {^"hanM 8 1 ° 
 North river improvement, extending from the mouth of North river 
 to the town of Lexington. 
 
 Enlargement of the works from Richmond to Buchanan. 
 
 The capacity of the improvement from Richmond to Buchanan Dcpt 
 shall be enlarged by said company, by increasing the depth of the WBte * 
 
 r t.i oot 1' H than seven feel at any point, and by increasing the Lock* 
 dimensions <'f all the present locks to not less than one hundred and 
 
 twenty feet bug . by tw< my f< el wid ■ in the ol 
 
 or by doubling the locks, and making the new locks of the dimen- 
 sions afori said. But the increase in the dimensions or the doubling 
 
 of the locks, need not 1m made, until the huku re'|uire reCOnstrUO- 
 i (he trade of the canal shall demand it : and lie 
 
 pany may. if they think proper, increase the width of the 
 canal from Richmond to But I 
 
 forty-two feet a? the bottom. 
 
 B 
 
 ding from T.ueh- i. 
 1 
 ton. Anl lie I 
 dient " Ter 
 
 • hi and I . to the x 
 
LOO canal AND NAVIGATION COMPAHIE8. 
 
 river in the county of Giles, or the county of Montgomery; whioh 
 canal Bhall constitute a pari of the third division of the canal; and 
 in relation thereto, the said oompanj shall be governed by the provi- 
 sions of tliis act. 
 
 / 1 rieion from Covingl I wer. 
 
 fmm Fifth — Tho fourth division of the eanali extending from the town 
 | vcr of Covington to the Greenbrier river. 
 
 Enlarged construction of locks and works from Buchanan west, 
 
 ream] The canal from Buchanan to the Greenbrier river shall be at hast 
 thirty feel wide :it the bottom and fifty-one feel wide nt the water 
 Bnrfaoe, and have n depth of water of ool less than m \ en feel at any 
 point; bnl the width may be increased to forty-two feet at the bot- 
 tom and seventy !'<•< I al the water Bnrfaoe, at the option of the said 
 
 , ; company, and the locks between the said points Bhall be nol less than 
 one hundred and twenty feel long between the gates, by twenty feel 
 
 wide ill the clear. 
 
 widtb "f locks 
 
 Division from Greenbrier river to Loup creek shoals. 
 
 Birth — The fifth division, being the Greenbrier and New rivers. 
 
 extending from foe intersection of the canal with the Greenbrier 
 
 Looki and dams river to the foot of Loup creek shoals on the Kanawha river. The 
 
 improvement On this division shall be Of locks and dams adapted tn 
 
 steam heat navigation. The locks shall be not less than two hun- 
 dred Eeel long between the gates, by forty feel wide in the clear. 
 
 and there shall he a depth of water in the lucks at all times of at 
 leasl seven feet, and in the pools of net less than seven feet at any 
 
 point along a continuous channel, at hast one hundred feet wide. 
 
 Seventh -The sixth di\ ision, composed of the Kanawha river, ex- 
 tending from Loup creek shoals to its month on the Ohio riur. 
 
 VLodi of improvement "n Kanawha river, 
 :. r 3. The said company is required to improve the Kanawha river 
 
 from Lykens' shoals to its mouth, in such manner and upon such 
 plan as they may adopt, so us to secure a depth of water of not less 
 
 than six feet from the fifteenth of October to the fifteenth of dune, 
 and five feci from the fifteenth of dune to the fifteenth of October: 
 
 the channel through the shoals to he not less than eighty feet wide at 
 the bottom, and one hundred and four feel wide at the top. And 
 
 after the line of improvement id' the said company shall he com- 
 pleted, as herein provided) from Richmond to said Lykens' shoals, 
 the depth of water in said river, in channels as aforesaid, shall be 
 increased to not less than six feet throughout the entire year, when- 
 ever the general assembly shall so prescribe. 
 
CANAL AND NAVIGATION COMPANIES. 101 
 
 Division embracing Kanawha turnpike* 
 
 ■1. That part of the work heretofore a part of the James river and Kanawha turn 
 
 Kanawha company's work, embracing the Kanawha turnpike road, ' 
 
 extending from Covington to the month <>f the Big Sandy river, with 
 the branch thereof from Barboursville to Gruyandotte, shall consti- 
 tute tho seventh division. 
 
 Division embracing Blue Ridge turnpike and ferry. 
 
 5. That part of the same improvement, embracing the Blue Ridge t.iup RUge 
 turnpike and ferry; the turnpike extending from the mouth of the 
 
 North river, over the Blue Ridge, crossing James river by a ferry, 
 and passing down the south side of the river, shall constitute the 
 eighth di\ ision. 
 
 Repair* ami preservation of turnpikes. 
 
 6. The said Virginia canal oompany shall at all times keep open Repairs and pre 
 
 and in pood repair both of said roads ami keep Up said ferry, or sub- *'J r \^, 
 
 stituto a bridge therefor, and shall establish such toll pates thereon 
 as they may doom proper. They may also adopt hy-laws and regu- 
 lations prescribing a system for the repair and preservation thereof, 
 and for the transaction of business connected therewith, in con- 
 formity with the powers herein before granted. 
 
 Mode of improvement of canal and locks. 
 
 7. All that part of the improvement which shall consist of a con- w 
 tinuous oanal and looks, shall in all its parts, except as lorein before p 
 prescribed in this chapter, be at least fifty feet wide at top, and 
 thirty feet wide at bottom, with net Leas than seven feit depth of 
 
 water at all seasons of the year; shall he pro\ ided with a convenient Ton-paths 
 
 tow path at !< a-t twelve ft and adapted throughout it- whole 
 
 • to the navigation of boats of not leas than one hundred tons 
 harden. To avoid - at difficult pass* s, and '" fur- 
 
 nish proper accommodation to the trade on both sides ol tl 
 to be improved as herein provided, the width may he reduced at snob 
 
 d the hed of the said rivers shall occasionally b 
 part ef the line <d navigation when the refluent water from the dam- 
 will admit the convenient application ol horsepower. The canal, at 
 
 rm {nation, shall continue to be <■ frith the tide" 
 
 wat. : le the boats which usually navigate it with their 
 
 ■ 
 I th<- river or return. 
 
102 < \.V\I. AND NAVIGATION COMPANIES. 
 
 Repair* of work* from Richmond B num. 
 
 Tupun B. Th« Virginia c:ni;il company shall clear nut the deposits in the 
 
 present line from Richmond t" Buchanan, and repair all the present 
 v.nrks: thai is, ambankment8 l aqueducts, bridges, enlvertai waste 
 weirs, looks, dams, booses and structures of every kind, repairing 
 those wanting repairs only, and building aneu the works requiring to 
 be built, bo that the whole line from Richmond to Buchanan shall be 
 of a depth of nol less than five feel at any point, and in ;ill reap ota 
 in a perfed state <>f repair. 
 
 I> ; - ttra lock gates and weigh loeki. 
 
 !•. They shall keep on all tin- line a sufficient number of dredge 
 boats to keep the water way continually free from deposit and ob- 
 structions cf every kind, and a sufficient oumlx r of extra look gates 
 an<l wickets ready to be Inserted in ease of accident. They shall 
 
 likewise have weigh locks at nol less than three points on the line. 
 
 Change of inn, how obtained* 
 
 10. The line of the improvement and the portions of canal and 
 Black water navigation shall continue according to the present ar- 
 rangement of the worki • where tiny have been executed, and accord- 
 ing to the plan which has been heretofore adopted lor the improve- 
 ment by the James river and Kanawha oompan] : and where the bed 
 of Jackson's river is used, and iiiioii the Kanawha river, the water of 
 these rivers shall not he raised by dams so as to he above their banks, 
 
 Alteration to but with the consent of the Board of public works. I'm If tit 
 
 iof company shall desire or find it necessorj to change materially the 
 ,TorUa general line of their improvement, or the mode of improvement on 
 cither of the divisions not now- in use for transportation, they shall 
 report the alteration deemed bj them to be necessary, with plans and 
 specifications therefor, to tin- Hoard of public works. If the altera- 
 tion he approved by said board, after a full investigation of all the 
 circumstances connected therewith, the company may proceed with 
 the work, and may obtain the right of way for the new line in the 
 manner prescribed in the preceding chapter for the acquisition of land 
 
 Power of Board and materials, apon paying all damages assessed as prescribed. But 
 if the Board of public works shall deem the proposed alteration Inju- 
 rious to the interests of the stale, or of snob a character as to prove 
 a DUisanci to the locality in which (he alt< ration is desired, they shall 
 have authority to prohibit the same; and thereafter the company 
 shall he confined to the route now prescribed, and to the mode of 
 
 Injunction i mproveinent heretofore select ed. And the circuit court of the County 
 
 in which the change is proposed to be made, after the decision of the 
 Board of public works i« rendered, may award an injunction to pre- 
 
CANAL AND NAVIGATION COMPANIES. L06 
 
 vent the said company from executing' any work upon the alteration 
 proposed, and not authorized as aforesaid. 
 
 Not to interfere with Centred rail road. 
 
 11. The company shall not, even with the consent of the Board Change of Una 
 of public works, make any alteration in the location or in the plan 
 
 of the canal on Jackson's river, by which any injury may result, 01 
 any change be rendered necessary ill the location of the Central rail 
 road: hut if any alteration be proposed, the same may be made !i 
 with the a sent, or by agreement willi the said rail road company; 
 and if the two companies cannot agree, the change desired shall be 
 reported to the genera] assembly, and shall not be made unless au- 
 thorized by law. 
 
 Or with Covington and Ohio rail road. 
 
 12. And in like manner, no alteration shall he made in tin Ioi a- < 
 tion of the company's line on Dunlap's creek, by which any injury 
 may result or any interference he made with the location of the Co- 
 vington and Ohio rail road: hut if any alteration he proposed, and How may ba 
 the two companies cannot agree, the change desired shall only be 
 
 mad.' by authority of the general assembly as aforesaid. And if on Howci 
 the west of the Alleghany mountains the said canal company shall | 
 propo e to make any change in its line of improvement as heretofore A " 
 Located and the works therein as heretofore planned, or where no 
 such location or plan of improvement has been adopted, and there 
 shall be any interference between the Lines of improvement of the 
 Company and that of the Covington and Ohio rail road, which can- 
 not be adjusted by the engineers of the respective companh s, each 
 company shall select an arbitrator, ami said arbitrators shall locate 
 both Hi:' - at such points of interference, so as to prevent any unne- 
 try or unreasonable) expense to either company in the construc- 
 tion of its line And if the said arbitrators cannot agree upon the 
 location of said line-, they shall select an umpire, who shall perform 
 the duty Ik reby aedgm d to them. 
 
 ,t<mipted u, male enlargement. 
 1-'!. In tl ment of tic (anal. i:. 
 
 feet, and extending the length of the locki 
 
 d company shall proceed in such manner ai not to 
 apt the navigation on the Line of their u r a 
 
 iod than two months at anytime, nor oftenex tfa 
 t ; in • - in any MM ■-. ith this pro- 
 
 obetruoting th I f«.r any : 
 
 such 1'iirj ■ rt to tie- Board of public Works of their' 
 
 to make either of th" altera! I; and if 
 
104 CANAL AND NAVIGATION COMPAHIBF. 
 
 said beard are satisfied that ample means bare been provided fort 
 speedy execution off the work, and dial the company hare all the 
 necessary materials for the new locks, aquednots, culverts, bridges 
 and nthcr works, prepared and ready for use on the locality where 
 wanted, and that all the excavation, embankment and walling that 
 
 can be done while the water is \ et in the canal, has been < tecuted, 
 
 and that a force adequate to accomplish the work with the ei pedition 
 neoeasary for the protection of the interests of the state, has been 
 provided, then they shall authorize the Mime t<> lie forthwith done. 
 And if the said company shall not complete the same so as to restore 
 the na\ igation, within the time specified, the said board shall pn 
 against the said company in the circuit court of the oountj where 
 
 the proposed work lies, by motion, on teli days" notice: and if the 
 court he satisfied that the work has no! been delayed by unavoidable 
 
 Cause, tiny shall impose a fine open said company of not less than 
 one hundred nor more tlian one thousand dollars for everj week's 
 delay beyond the time specified. 
 
 Time fur commencing </>/</ completing works. 
 
 win n works to 14. The said Virginia canal company shall, within six months 
 from the time of their organization under this act. commence bona 
 fide their works of construction at Buohanan, proceeding westward, 
 ami the repairs of the line between Richmond and Bnohanan at the 
 same time, and also on the Kanawha river (as soon as they shall 
 obtain possession thereof), and shall complete tin- construction of 
 the line to Covington, and tlie repairs of the line from Richmond to 
 Bnohanan, within three years from the time of commencement afore- 
 said, and shall complete tin- Kanawha improvement from l.oup ( reek 
 shoals to the month of the river, within lour years from the time ot 
 
 When completed Commencement aforesaid; and shall complete the entire line from 
 Richmond to the mouth of the Kanawha river, in all respects, < "• I M pt 
 
 the enlargement of the capacity of the canal from Richmond to 
 Buchanan, within eight years from the time of oommenoement afore- 
 said; ami shall complete the enlargement of the capacity of the 
 canal from Richmond to Buchanan, by deepening the canal, as herein 
 before provided, within ten years from the said time of oommenoe- 
 ment. 
 
 ;■ amptianee. 
 
 stn.i : I"). As a further guarantee for the faithful compliance with the 
 
 : "' provisions of this act, the said Bellot <h^ sfinieres, Brothers and 
 
 Company shall deposit with the treasurer of this state the sum of 
 one million of dollars in the six per cent, registered stock of the 
 commonwealth, to lie held by him upon the following terms and con- 
 ditions, that is to say : The interest upon the said stock while on de- 
 posit shall be paid to the said BeHot des Minifies, Bvethen and 
 
CANAL AND NAVIGATION COMPANIES. 105 
 
 Company. When the canal shall have been completed to the mouth When to be 
 of Craig's creek, one-half of the said sum shall be returned to the 
 said company; and when the entire line shall have been completed, 
 
 in the manner before mentioned, t<> the I >hio river, if within the time 
 prescribed, the other half shall he returned to the said company: 
 provided the annuity to the stale of Virginia, and the five per oen- Proviso 
 torn interest to the private stockholders, herein before provided for, 
 shall have been punctually paid; and if the s;mie shall nol have been 
 punctually paid, then so much of the said sum of one million of dol- 
 lars as may he necessary, shall he appropriated to the payment of 
 
 the same, and the residue returned to the said Bellot <h'f Minieres, 
 Brothers and Company. But if the said company shall fail to com- Failure to com- 
 plete the construction of the line to Covington, and the repairs of i ,l, ' 1rwork 
 the line from Richmond to Buchanan, within three years from the 
 time of the commencement herein prescribed, or shall fail to com- 
 plete the Kanawha improvement from Loup creek shoals to the 
 mouth of the river, within four years from the time of commence- 
 ment, herein prescribed; or shall fail to complete the entire line 
 from Richmond to the mouth of Kanawha river, in all respects, ex- 
 cept the enlargement of the capacity of the canal from Richmond 
 to Buchanan, within eighl years from the time of commencement, 
 herein prescribed; or shall fail to complete the enlargement of the 
 Richmond dock and Tide water connection. ;is well as the deepening 
 of the canal to Buchanan, within ten years from the time of com- 
 mencement, herein prescribed, the said sum of one million of dol-vfhendei 
 
 lars. or so nmeli thereof as shall he in the hands of the treasurer \° paul a9 
 
 damages 
 
 when such failure shall occur, shall he retained and paid to the com- 
 monwealth of Virginia, as stipulated damages in money for such 
 failure: and all the work which may have been done in repair and when property 
 
 •veil as all the rights which the said Virginia canal ', 
 
 " .liimis river and 
 
 Company shall have acquired in the property and franchises of the Kanawha 
 ■ ii. coiapany 
 
 James nvertmd Kanawha company, shall he vested in ami revert to 
 
 the latter company, under the laws in force at the time this act takl I 
 
 effect : which company shall he thereupon reinstated in all its rights, 
 and he subject to all the liabilities, as if this arrangement had oevi i 
 heeii made; and shall have full right and authority to re-enter upon 
 and resume the control of the whole line of improvement, as pre- 
 toribed in this and in the tenth chapter. 
 
 rrrr an<] Kurmirha company rrslorrd in fa rights. 
 
 16 Pot the purpose specified in the preceding section, a general when m< 
 
 the stocKhold. r- of the r-aid .I.'iTi ■ ,i.d K a 1 1 a w h a ; ' \ K 
 
 company, existing at the time this act tal r their uu< 
 
 and nvened by the Board of puhlic works 
 
 whicfa meeting the company shall he . , r , |, r , . 
 
 scribed by it- charter: provided, however, that if the said Virginia 
 company shall henna 1 aid water line m> 
 
106 
 
 CANAL AND NAVIGATION COMPANIES. 
 
 provement from Biohmond t<> the Ohio river, within eight years si 
 
 nidi or to complete the enlargement «>f the Biohmond dook and 
 
 Ti>' • inneotion, and deepening of the oanal from Bicbmond 
 
 i tu Boohanan, within I aid, they may bav< two 
 
 N .in of time in each one, bj paying into the treasury of 
 
 eompuiiy ,] 1( . oonwionwealth of Virginia, for the said commonwealth, before 
 
 the expiration of the said ]><ri<nl of eight years, a half million of 
 dollars, if they require the extension of time for the completion of 
 the water line as well a- fur the said enlargement : or by payio 
 hundred thousand dollars before the expiration of ten y< an, ii they 
 require the extension ol time only as to the enlargement aforesaid; 
 which >aid sums shall be as liquidated damages, to 1m paid i" the 
 said commonwealth in the contingencies aforesaid, fur the loss sus- 
 tained by Bueh delay or delays in the completion of the said works, as 
 herein required : provided, however, thai if the said Virginia canal 
 company shall have proceeded in good faith to exeoute the said 
 work-, then the genera] assembly may Buspend the effect of the pro- 
 visions above set forth as to the stipulated damages aforesaid, and 
 the Vesting and reverter aforesaid, and allow to the said company 
 BUOfa further time as to it may seem just and prop. r. to Oomph te the 
 said works, providing lor the enforcement of the provisions hus- 
 pended, in . ase . [ a second failure of said oompany to oomply with 
 tie- terms required by law. 
 
 lily |>"- 
 i-itc-nd time 
 
 Commissioner to see whether charter is ohscrvnl or violated. 
 
 Comn.e 
 
 how appointed 
 
 Uiphts :ind 
 privilege! 
 
 Report <if pro- 
 
 - , how 
 
 iUHtii. 
 
 Commi 
 
 to examine line 
 
 Report 
 
 17. To insure a compliance with the provisions of this chiirter. it 
 shall he lawful for the Board of public works or the executive al any 
 time to appoint a commissioner, who shall no1 he a stockholder nor a 
 creditor, nor debtor of said company, whose duty it shall be to ex- 
 amine the proceedings of the said oompany, ami for that purpose, 
 the hooks, record, and papers of the company shall he open to his 
 inspection, and also to examine the works authorized to he con- 
 structed and repaired; and if he shall deem that any ol' the require- 
 ments of tin' charter have been violated, or omitted to be< iplied 
 
 with, he shall report the same to the Board of public works or the 
 Dtive, who, if they deem it of sullicieiit importance, shall cause 
 
 proceedings to he instituted against said oompany by quo warranto, 
 
 or information in the nature thereof, in the circuit court of the city 
 of Biohmond; and upon complaint on oath by any person navigat- 
 ing the said line of improvement, or any part of it, to the Board of 
 puhlic works, that any part of said line Bpeoified in such complaint 
 out of repair as materially to injure the navigation in such part 
 of the line, the Hoard of puhlic works may appoint a commissioner 
 to examine the same, who shall report in Writing the condition of 
 said line at the part specified in the complaint. If he shall report 
 that the complaint is not well founded, and his report is approved 
 by the board, the complainant shall pay to said commissioner five 
 
CANAL AND NAVIGATION COMPANIES. 107 
 
 dollars per da}- for every day he was employed in making and re- 
 porting upon said examination. Bat if lie shall report thai it is will 
 founded, and the report is approved by the board, the company shall 
 pay to said commissioner the per diem compensation aforesaid. 
 And the Board of public works may, upon receiving such report, Proceeding! 
 direct proceedings by motion in the county court of the oonnty in 
 which the obstruction exists, and recover from the said company a 
 
 line or fines not exceeding five hundred dollars for every week the 
 
 company shall fail to make the repairs necessary i and snob motion 
 
 may be repc ated at the discretion of the Board of public works, until 
 such repairs are made. 
 
 VI. — Of the assessment and collection of tolls; and regu- 
 lations RELATING THERETO. 
 
 Use of works on paying lolls. 
 
 1. The Virginia canal company, upon all those parts of their line Work free for 
 of improvement transferred or acquired in pursuance of this act, 
 
 shall hold the same, free for the use of all persons whatever, con- 
 forming to the rules and regulations of the company, and shall be 
 authorised to demand and receive on such persons and their pro- 
 perty, the tolls prescribed herein, in the mode and within the limits 
 hereafter provided. • 
 
 2. Whenever a Section often miles in length, not heretofore in Section of tea 
 
 impleted, and be opened for navigation in the manner 
 ribed by this act, upon any portion of the canal proposed to be 
 
 made, the same shall be free for the use of all persons and their pro- 
 perty, upon paying the lawful tolls and conforming to the rules and 
 regulations of the company. 
 
 •''. In like manner, when the improvements in the navigation of RlTea 
 die riven hereby authorized shall have been made, their navigable 
 
 waters shall be public highways, free for the use of all peTBOni and 
 tlon- properly, upon paying the lawful tolls, and conforming to 
 
 and r< gulal 
 
 l I' d company shall hold, in like manner, the Kanawha Kanawha turn 
 turnpike, and the Blue Ridge turnpike and ferry, free for tl 
 all pei -Mi,- and their property, upon paying the lawful tolls, and con- 
 form 
 
 r>. In like manner, or fcrri< - In r< tofore the pro] • 
 
 river and Kanawha company, and all ■ "ii- 
 
 ■trnot oUm • otb< r f< n m- 
 
 p;in\ before Uk !. and which hav. nut y- \ 
 
 noted ot parehmsedi and which by this »!1 pa»- to the 
 
108 \I. AX1> NAVICA ■■: 'AMI Eg. 
 
 ; Virginia canal company, shall be held hy them, free for tin- 086 
 <>f all persona and their property, upon paying the lawful tolls, ami 
 QSBfonning t < ► said rules and regulatio 
 
 . 
 
 Ton*. 6. The tolls on the line may be regulated by the Board of public 
 
 works, within the limits presoribed by tliis Motion. In the mean 
 time, the said Virginia canal oompany may preaoribe soob a tariff 
 :., f of tolls as they may deem expedient : provided, thai during the con- 
 struction of the work, the tolls shall no! exoeed two and a half i 
 jK-r ton per mile, m>r be lesa than one cent per ton per mile on mer- 
 chandise and manufaotures, excepl sail and pig iron, on which the 
 tolls shall not be more than seven and a half nor Lose than two and 
 a half mills per ton per mile; shall not exoeed our and a half cent 
 per ton per mile, nor be lest than five mills per ton per mile on agri- 
 cultural products; shall not exoeed one cent per ton per mile not 
 he less than two mills per ton per mile on products of mines and 
 forests, and after the completion of the improvement to the Ohio 
 river, shall not exceed two Cents per ton per mile, nor be less than 
 five mills per ton per mile on merchandise and manufaotures, except 
 
 salt and pig iron : shall not exceed one cent per ton per mile, nor he 
 lees than two and a half mills per ton per mile on agricultural pro- 
 ducts; and shall not^xceed live mills per ton per mile, nor h. 
 than one mill per ton per mile on products of mines and fore-ts. and 
 Company may on salt and pig iron : provided, that the Virginia canal company may 
 
 redMetoua 1( . ,],,,.,. t i„. t( ,n s ( , n t],,. through freight below the minimums lived in 
 
 this act : hut when the tolls are so reduced on through freighl going 
 
 . ii shall apply also to freight going east from any point on the 
 
 Kanawha ri\« r. heiow the mouth of the Cauhy river : ami provided 
 further, that the toll ma\ he brought below the minimum rate mi 
 
 any article, by the Virginia canal company, with the consent of the 
 
 Tolls oa said hoard: and provided moreover, that from the time the works 
 
 on the Kanawha river are delivered to the Virginia canal company, 
 the tolls on the way tonnage on that river not passing on the line of 
 the improvement east of the Great falls, shall not exceed one cent 
 per ton per mile, nor he less than two and a half mills per ton per 
 mile on merchandise and manufacture-;, except salt ami pig iron; 
 
 shall not exoeed one-half cent per ton per mile, nor he less than one 
 and a quarter mills per ton per mile on agricultural produots; ami 
 
 shall not exceed two and a half mills per ton per mile, nor he less 
 than one-half mill per ton per mile on products of mines and forests, 
 and on salt ami pig iron. 
 
 Tolls on the Kanauha turnpike "«-/ ///'' Blur Ridge turnjjikr, and 
 on hridgi I </<"/ Ji rries. 
 
 Tolhontura- 7. The said Virginia canal company shall have authority to de- 
 pikt ' 8 mand and collect On the Kanawha turnpike and on the Blue Kidge 
 
CANAL AND NAVIGATION COMPANIES. 3 09 
 
 turnpike such tolls as they may assess on each section of ton miles, 
 not exceeding tone cents for every animal drawing any vehicle 
 thereon, and six cents for every wheel to any snob vehicle; ten cents 
 for every person on horseback; three cents for every horse or mole; 
 one cent per head for neat cattle, and five cents per score of hogs or 
 sheep. 
 
 8. They may assess and collect, in like manner, toll upon any On w: i 
 bridge herein before transferred to them, npon which toll has here- 
 tofore been allowed, except as herein after provided, a maximum toll 
 
 not exceeding three cents for every animal drawing any vehicle over 
 the same, and six cents for every wheel to any such vehicle: ton 
 cents for every person on horseback; three cents for every horse or 
 mule: one cent per head of neat cattle ami ten cents for every 
 More of sheep or hi - 
 
 Toll on boats and passengers. 
 
 9. The said company may also demand and collect, on any part Toll on 
 
 of their water line, such tolls as they may a-sos. on boats and other aD pa8l,e,1 8 cr * 
 
 water craft, not exceeding five mills per mile, and on passengers 
 conveyed by any person or company for compensation, two mills per 
 mile on each passi ogt r. But if any company or person, in order to Ton for fro e 
 carry on a competition with any other company or person, shall cany ' 
 passengers without compensation, when it is their business to convey 
 _' r-. .-neii company or person shall not be exempt from such 
 toll. 
 
 U for paying toll quarterly, or commuting tolls. 
 
 10. The said com], any may contract with citizens residing on any c ntra 
 section of their water line, or on the line of the Kanawha or Blue qSIrteriyfor 
 
 R turnpike, for the payment of their tolls quarterly in advance, ^"""""ing tdh 
 or by the month or year, also with mail contractors, upon such terms 
 ami under jach regulations as they may prescribe; or they may 
 Commute the tolls With any person, taking of him a certain sum an- 
 nually in lieu of tolls. 
 
 ■ o?n loll. 
 
 1 1 . The general assembly, while the said work* were in possession t -■>•■ ; 
 of tie ' r sad Kanawha i ompany, having i \< mpted ot 1 1 
 
 i- and things from the payment of toll at sundry ptaoM on the 
 
 continued as foil 
 
 to VMt : 
 
 '11 i»liall In n after be tak' n from person* CTM 
 
 brier or Oaoley bridges in a pole tonerothei riding • 
 
 other than the toll imposed by i any on such st 
 
no 
 
 . [Q \'I [ON COMPANIES. 
 
 h or i i-lin lt carriage, and tin- horses of other team drawing the 
 Tkttentotha paux-. No tell shall be demanded of visitors :it the springs, when 
 riding or passing nut and in from »>r to toe springs for exerois 
 eep( for passing Greenbrier bridge. 
 
 »i rtagi 
 
 Exemption on 
 
 13. The roada and bridges which have been o I to provide 
 
 accommodation for the trade of the south ncs river, .-hall 
 
 continue, a- heretofore required, to be free for the ose of all persons 
 ami things going to the canal fur the purpose of being transported 
 upon it. or going from the canal immediately after having 1" an 
 transported upon it. and conforming to the lawful rales and r< gula- 
 Wbo to p*y toil tions of the company: but a reasonable toll, within the limit herein 
 before pn scribed, may be demanded and collected upon all other 
 persons and things using the same for other purposes. 
 
 in 
 
 ■ in and 
 
 urt 
 
 14. If the said company shall erect abridge their canal 
 
 and the county of Powhatan, at or mar the town of Jefferson, or at 
 or near the town of Jackson in the county of Botetourt, no toll shall 
 be charged on said bridges against any person going to or coming 
 
 from their canal, and the tolls charged upon other persons shall be 
 
 as the said company may prescribe, not exceeding the rates herein 
 before limited on bridges: and if said bridge at Jefferson be con- 
 structed, then the company are hereby authorized to purchase the 
 
 ferry al said town. 
 
 Baton ■ 
 
 ;md carta 
 
 Who ix> nipt 
 
 15. In all cases of tolls on any of the company's roads or bridges, 
 return wagons <>r carts .-hall pay one half tolls only; and no toll 
 
 shall lie demanded or received from persons residing within four 
 
 miles ot any gate on any such road, and who shall not ha\e traveled 
 
 a distance upon said road exceeding four miles. All persons on 
 
 Whose land any toll gate may Hand, shall be exempt from all tolls at 
 
 such gate; and persons owning plantations on both Bides of any 
 
 gate, not exceeding lour miles distant from each other, shall be. 
 
 i|it from all tolls on their stock, implements of husbandry, and 
 persons employed in conveying the same from one plantation to the 
 
 other. 
 
 I .-ion 16. Persons going to or returning from mill, for the purpose of 
 
 procuring meal for the consumption of families, shall be exempt from 
 
 the payment of toll on the Kanawha road and the Blue Ridge turn- 
 pike and bridges. 
 
 Toll bridges across North river. 
 
 Bri'lfre nernsa 
 North river 
 
 17. The said company shall have authority to continue to use their 
 
 across North river in the county of Rockbridge as toll bridges, 
 
 and may demand and eollr.t thereat such tolls as they may assess, 
 
 Exemption from not exceeding the rates prescribed herein for other bridges. But no 
 
 tolls shall be collected from the citizens of Rockbridge for crossing 
 
 tolls 
 
CANAL AND NAVIGATION COMPANIES. Ill 
 
 the bridge near Lexington. And said company sliall have power to 
 Bell and transfer its interest and franchises in said bridge near Lex- 
 ington to the Junction Valley turnpike company on such equitable 
 terms as may be agreed on between the companies, and tlie said 
 
 Junction Valley turnpike company shall have power on its part to 
 make BUCh contract with said canal company as may be m lOeSMUty 
 and proper in the premises. 
 
 Tolls on stage coaches. 
 
 18. The said company is hereby authorized to regulate from time stace coaehrs 
 to time the tolls to lie demanded and received on stage coaches run- 
 ning hereafter on the Kanawha turnpike or the l>lue Iiidge turnpike. 
 
 f'ills of lading. 
 
 ]'K Every master of a boat or float conveying property on the BUI of lading 
 wati r line of the said company shall, on receiving such property on 
 board, cause to be made out a true bill of lading or manifest of such 
 property; which shall be signed by himself and the consignor. Th e what to contain 
 bill i- to contain: 1st- The name of the place or mile stone at 
 which any of the property therein mentioned was shipped, and the 
 name of the place or mile stone to which it is to be cleared : 2d -The 
 number of hogsheads, barrels, boxes, packages, feet of lumber (board 
 measure), bags and bushels of each species of articles: .'M— A speci- 
 fication of the property so shipped by said consignor, and the quantity 
 and gross weight of each species. And the legal tolls shall be de- 
 mandable and payable to the collector of tolls accordingly. 
 
 Slatrmrnl of passengers. 
 
 The owner or master of every boat used for carrying pas- statement of 
 -. shall cause to be made out, a statement of the pai 
 carried in hi- bout, verified under oath, which he shall deliver to the 
 • tie i<r at the place of bis destination ; and it shall In- lawful 
 for the toll gatherer to whom such statemenl i- returned, to admi- 
 
 i for that purpose: which oath, if !;. 
 falsely, shall subject tin' person taking it to the penaltit - pi' •- idi d by 
 oni i on\ h ted of perjury. 
 
 - of (oils. 
 
 21 . hall, from time to time, cattM a list of it*-- i ;=t nf toll* to 
 
 i. and have sm h rate- pottl d vrbfflU tin y cm '° ru 
 
 i k : and when any ma!. 
 
 ohang in t 'oil shall be adi t rt 
 
 in sn nformation thereof 
 
 to the public. ; and reasonable notice of such prop) lull 
 
 be given tolls pliall ta) 
 
112 
 
 \I. AND NAVIGATION COMPANIES. 
 
 If not paid 
 
 Toiuto ..'. A oolleotoi of toDa for nid company may refuse to let any 
 
 penon or thing pan on the company's works until the toD bo paid. 
 
 If Any pen r tiling paai any toll gate or other proper place for 
 
 payment, without paying or tendering the toll, snob perron, or the 
 owner or person in possession <>f moh thing, shall forfeit to the oom- 
 pany ten dollars. And the like forfeitnre shall be inonrred whan 
 any person ><r thing subject to toU in passed through any private 
 ban or fenoe or other place, f<>r the purpose of evading the payment 
 of the toll. Ain snob oolleotor knowing of i violation of ti 
 ti<iii. shall immediately make it known to the president or one of the 
 directors, [f be tail so to do, he shall forfeit to the company twenty 
 dollars, which may. if so iniicli of h\< compensation remain unpaid, 
 be deducted therefrom. 
 
 
 Penalties on [f any oolleotor shall receive fur tolls more than i- lawful, ho 
 
 shall pay to the party grieved thereby the amount unlawfully re- 
 ceived, and two dollars besides. Ami if said collector shall unreason- 
 ably detain any person or thing at his plaoe of receiving toll, ho 
 shall forfeit to the party injured five dollars: Either of which penal- 
 ties, if the said collector be unable to pay, may be recovered of 
 said company. 
 
 •vf.r ■.' 1. Every oolleotor shall account for and pay to the proper ofl 
 
 " ''''• and at the time prescribed, the tolls which he may have received Gram 
 time to time: and for foiling to do so, he shall forfeit to the company 
 fifty dollars. 
 
 collected 
 
 J >. .11, .':;-•. - 
 
 / r, how n : /hi '/ii" "I from collector) enf 
 
 . Any fine herein imposed shall be recovi rable by warrant be- 
 fore a justice of the county or corporation in which the offence was 
 
 committed: and the said < ipany may also institute and prosecute 
 
 anj prooeodinj ■ or proper to enforce pa] menl of w bat may 
 
 be <lne from any collector. Such proceeding may he in the name of 
 
 the company, in the county or circuit court of the county wherein the 
 
 Collector is employed in the coll. ciioii of toll, and may he by suit or 
 
 motion againsl the collector and bis sureties, and his and their per- 
 sonal representatives ; and the judgment or decree shall he for the 
 principal ram remaining due, with interest thereon, ami fifteen per 
 centum damagt 
 
 /' Us on troops. 
 
 Tollson troops 26. Troops or perron- in the military or naval service of thi 
 
 with their arms, munitions and baggage, shall ha\e the preference to 
 
 , other persons and property in passing over the line of the company's 
 
 works, or through or over any of its locks, aqueducts, tunnels or 
 bridges; and the tolls for such troops or persons, and on their arms, 
 munition- ami baggage, shall not he more than one-fourth of the rates 
 
CANAL AND NAVIGATION COMPANIES. 113 
 
 on other persons or tilings of like kind. If there he a failure to give 
 any sueh person or thing passage over the same, in a reasonable time, 
 tli«- said company shall forfeit for each person or thing not less than 
 two nor more than twentv dollars. 
 
 Collection of tolls on Kanairlia river. 
 
 27. Manifests of the cargoes of all boats or other vessels naviga- Toll? on 
 ting the Kanawha river, shall be filed with the receiver of tolls, de- 
 signating the names of the cargoes, of their owners, and the masters 
 
 of the boats or other vessels in which the said cargoes shall be 
 shipped, and of the said boats or vessels, together with that of the 
 shippers and other agents having the control or direction of the said 
 cargoes: and the legal tolls shall be demandable and payable to the 
 collector of tolls accordingly; and in all cases of failure to comply 
 with (he regulations hereby established, and to pay the tolls afore- 
 said, it shall he the duty of the said collector to seize and hold the 
 beats or other vessels concerned in the neglect or evasion thereof, 
 until the law is fully complied with; and if that be not done within PravUfa 
 the space of two days from the time of such seizure, it shall be law- ^Uect 
 ful for the collector of tolls, after giving five days' previous notice of 
 his intention, by advertisement at the door of the courthouse of the 
 county of Kanawha, to sell at public auction, for ready money, po 
 much of the said cargoes of BUCd boats or vessels as will be sufficient 
 to pay the tolls due, with the addition of fifty per cent, thereon and 
 the necessary expenses incurred by the said collector in seizing, se- 
 euring and taking care of the said vessels and cargoes; and the said 
 boatl "i- vessels, with the remaining cargoes, and any balances of 
 money which may remain from the sales aforesaid, shall then be re- 
 turned to the lawful owners or proprietors thereof, or to their agents; 
 and the Virginia canal oompany, their collectors or agents, may sue \ : .„ 
 out an attachment before any justice of the peace against boats an ,] b " w " 1cd 0B ' 
 DOB the Kanawha river for tolls due and unpaid by the said 
 let, their owners, masters or shippers: which attach- 
 ment shall be pro-, cited is in oti I attachment for debt. 
 
 28. Th- f tolls shall be authorized to board and eoterpowar 
 
 all 1m. at- or Sthei vessels in the said ri\<r. whether in the stream or m " f 1o "' 
 
 at anchor, or at the landing- on either shore of the Kanawha ri\«r. 
 
 or the WjS Or inlets thereof, and to demand and receive the ]• 
 
 tolls on all the OOimoditieS contained in Um 
 
 wh' ther fully or Ul pari loaded; and in case of failufl the 
 
 said loll- when thai ieaaaaded, the said b tad the 
 
 shall be liable to seizure, sale ai on in all 
 
 1 in the f, ; i. And all ai 
 
 ■1 of any boat or Ot 1 in the (-aid 
 
 n\er. refswiag er acfleot dm bb wheat letjnired by the 
 
 tor to do SO, lhall forfeit and pay tweatj dollar- to •'■ 
 8 
 
Ill canal ami bTAYIGATIOH COMPAJalEB. 
 
 the said company, to be recovered before any justice of t! 
 and all persona resisting the Mid receiver in the execution of any 
 powera given to him by law. dial] be deemed guilty of a misde- 
 nii lanor, and be prosecuted accordingly. 
 
 . f., r . ' All persons, whether prinoipali • who shall ship off, 
 
 authorize- to In- shipped off, any article subject to the payment of 
 toll, without having first entered the same with the receiver of tolls, 
 aa herein prescribed, and paid the tolls duo thereon! shall forfeit and 
 pay three times the amount of the tolls on the articles so shipped off, 
 1 1 be recovered for the ose of the said oompany before anj justice of 
 the !' 
 
 VII. — Of dividends and LiAmxmsfl ro btocke 
 
 Dividends, 
 
 u dj l. ^\" li i 1< • the works are in.progreas, and after they are oompletodi 
 
 the Virginia canal oompany may declare and make semi-annual 
 
 dividends of so much of the surplus profits of their entire work M 
 
 they may deem it prudent to divide; which shall be paid to the 
 
 stockholders, or to their order, in such manner aa the by-laws may 
 prescribe. 
 
 s.t proflis not 2. The annual net profits of the oompany proceeding from all 
 
 13 P« sources, shall DOVer exceed fifteen ]>er centum ujum their capital 
 
 stock : and the tolls shall be regulated from time to time bo aa to re- 
 strain the profits within that limit. All reductions of the tolls made 
 for that purpose, BhaU be made ratably on every division of the com- 
 pany's line of improvement. The dividends declared aa aforesaid 
 
 upon each share Of stock hereafter to he subscribed, shall he in pro- 
 portion to the amount actually paid thereupon by the stockholders. 
 
 But the corporations and Individual stockholders at the time of the 
 
 .. ni/.ation of the company, to whom certificates of stock, upon 
 
 which the full amount has been paid, shall have been issued, shall 
 
 be paid dividends, rating the said certificates at one hundred dollars 
 per share. Those who have not paid in lull, shall receive dividends 
 
 only in proportion to the amount actually paid. 
 
 Annuity to dm. 3. Before any dividend shall be declared to others, the annuity to 
 ■ the state of one hundred and thirty live thousand dollars, and the 
 live per centum per annum agreed to be paid upon the stock owned 
 by the corporations and individuals at the time of the organisation 
 of the company, and their assigns, shall be set aside and provided 
 for. as herein prescribed. And semi-annually, on first day of Ja- 
 nuary and the firsl day of July, the said company shall pay into the 
 
 public treasury of the state, in the mode prescribed by law, the sum 
 
 of Sixty-Seven thousand five hundred dollars in discharge of said 
 
CANAL AND NAVIGATION COMPANIES. I 
 
 '.minify; and at the f-ame periods shall pay to the private Stock- Two and 
 holders provided fol in the sixth article of said agreement, two and PBt , gtocUtol- 
 \ half per cent, mi their capital stock, until the line shall have been " 
 completed to the Ohio river, when said intere.-t shall e< Me, and the 
 
 laid private stockholders shall share with the other stockholders the 
 lividends declared by the company. 
 
 Proceeding to seq>/< ducs and property, 
 
 4. Tf the said company shall fail at any time to pay any SUohwheaj 
 ■emi-annual installment el' .-aid annuity, then out of the sum of one. 
 nillion of dollars deposited in the treasury of the state by the said 
 Virginia canal company, according to the fourteenth article of the 
 ■aid provisional agreement, as set forth ill the first chapter, and the 
 it which may he due thereon, the auditor of the state shall 
 ■ai-e and pay into the puhlic treasury the said sum of si\tv-s< ven 
 thousand live hundred dollars, until the said sum of one million of 
 lollars is exhausted. And if after the said sum of one million of 
 lollara is exhausted, the said company shall fail at any time to pay 
 uu Mich annual installment of said annuity, and it shall remain un- 
 paid for three months after it becomes due. then the auditor of puh- 
 io accounts shall notify the attorney general thereof, who shall im- Doty of attor- 
 
 nediately proceed, on thirty days* notice to the president, treasurer"' ' e ''' ra 
 ir any director of the said company, to move in the circuit court of 
 ' v (if Richmond for judgment against such company. Such mo- 
 ion shall have precedence over all other cases; ami upon satisfactory 
 
 noof that the said installment has not Inch paid, tin' said court shall 
 
 pve judgment against said company, and sequester its entire reve- hov 
 
 id property; and the Board of public works shall appoint a 
 ■eceiver. The said receiver shall, with the approbation of the Board 
 if puhlic works, appoint all necessary agents to aid him. and shall 
 
 >ay into the treasury such part of the gr088 v c< ipta of the company 
 
 is will pay the amount due, with interest thereon; whereupon the 
 tration -hall wholly cease and determine; hut during. such 
 
 the sni'l r« ceiver and hi ' all. under tin' direction 
 
 if the Board of publ be paid for tie I of mob 
 
 ■" if tii laid company shall fail to pa- ■ [ the ■•aid prirateHoY.il 
 
 semi-annual interest on their stock for five da 
 ifler the sail.- i- d< mand< d. upon the application of null sto ( k- 
 
 lohl. ts. upon ten da] in- 
 
 jinny. at tb( ' the eon; Richmond, the auditor of the 
 
 out of the said sue 
 
 illion of .; 1 j n the treasury by the said company, 
 
 any 
 >f them may, at the d. by warrant befon 
 
 he p, 
 
110 CANAL AND NAVIGATION COMPANIES. 
 
 amount, or if not, l>y action of debt in the circuit court of the city of 
 Richmond. And when the said work shall be completed to the Ohio 
 
 river as aforesaid, the payment of the said live per cent, per annum 
 shall cease. 
 
 How dividends 6. The dividends which may he payable to the commonwealth of 
 to other partial __. . . , , , . , " , , . ..,..,. 
 
 paia l irginia upon the stock held by the state, m trust for individuals 
 
 who failed or refused to receive the same, shall be paid, as other 
 
 public dues to the state are paid, to the treasurer of the state, upon 
 
 demand. 
 
 Dividends, icherc to be paid. 
 
 Dividends, 7. The dividends and other dues to the American stockholders, 
 
 other than those herein before provided for, shall he paid at the com- 
 pany's office in the city of Richmond. Those of the foreign stock- 
 holders may he paid in Paris, or elsewhere, as may he prescrihed hy 
 the by-laws of the company. 
 
 Dividends to be credited against debts. 
 
 Dividends to be 8. If any stockholder he indebted to the company, his dividend, 
 debts B ° r 80 much as may be necessary, shall be passed to his credit, in 
 
 payment of the debt. 
 
 When directors liable for illegal dividend. 
 
 Whan directors 9. If the board shall declare a dividend of any part of the capital 
 dividend g " Btobk of the company, all the members of the board who shall be 
 present, and not dissent therefrom, shall, in their individual capacity, 
 be jointly and severally liable to the company's creditors for the 
 amount of capital so divided, and may be decreed against therefor, 
 on a bill in equity, filed on behalf of such creditors; and moreover, 
 each stockholder who shall participate in such dividend, shall be 
 liable to such creditors to the extent of the capital stock so received 
 by him. 
 
 Notice of dividend to be published ; uncalled for dividends to be 
 paid into state treasury. 
 
 Notice of 10. Of every dividend declared, and of the time and place ap- 
 
 dividends pointed for the payment thereof, the board shall cause notice to be 
 
 published in some newspaper printed in the citj' of Richmond, and 
 shall also give notice thereof in such manner as they may deem ex- 
 pedient, in the city of Paris. In January eighteen hundred and 
 sixty-five, and once in every five years thereafter, they shall publish 
 in like manner a list of all dividends which have remained unpaid 
 for two years or more, with the names of the persons to whose credit 
 
 
CANAL AND NAVIGATION COMPANIES. 117 
 
 such dividends stand. All dividends not called for within the term Uncalled for 
 of five years after they have heen declared, shall he paid into the 
 public treasury, to be subject to the order of the shareholder or his 
 legal representative, when called for, the shareholder establishing 
 his right thereto, to the satisfaction of the auditor of public accounts. 
 
 VIII. — Regulation for the inspection of boats, aijd for 
 
 BOATMEN AND OTHERS; HARBOR AND DOCK MASTERS; TO PRE- 
 VENT THE COMPANY'S WORKMEN OR EMPLOYEES FROM VIOLAT- 
 ING THE PEACE; EXEMPTING THEM FROM WORKING ON OTHER 
 ROADS AND FROM MILITIA DUTY. 
 
 Inspectors of boats. 
 
 1. The said company may require such of the lock keepers or toll inspectors of 
 
 i - * . . ,. , . . , boats 
 
 gatherers upon any part of their water line as they may invest with 
 the authority hereby given, to become inspectors of boats, and re- 
 quire from such person bond with good security in such penalty as 
 their by-laws may prescribe, for the true and faithful performance of 
 the duties of his office ; and such person shall also take an oath for 
 the same purpose. 
 
 Dock masters and harbor masters. 
 
 2. The said Virginia canal company may establish regulations for the Dock and 
 preservation of good order at any of their basins, docks or landings, 
 
 and at wharfs for loading and unloading boats or vessels engaged in 
 navigating their water line, at any point thereon, whether on rivers 
 or canal : provided such regulations be consistent with the laws of 
 the state and the police regulations of any city or corporation autho- 
 rized by law to prescribe such regulations ; and for such purpose may 
 appoint dock marten or other officers, whose duty it shall be to cause Their dan.« 
 such regulations to 1"' obeyed, and to collect the penalties fixed by 
 said regulations for infringements thereof; which penalties shall be 
 ruble before any tribunal having jurisdiction thereof. 
 
 3> No harbor master shall have any control over any boat or vessel wiim control of 
 after the same shall ha\e entered the said company's line. U deSHg- oimng mm * m 
 
 nated in the fifth chapter, nor while entering, remaining in or leaving 
 any •( said company's docks, locks or water line, or any channel 
 loading thereto, which have been constructed by them according to 
 law. <t by the company whose rights and interests have been Iran-- 
 bared t<> them. 
 
 •J. The said dot ■ masters, or other officers appointed to discharge dbUm nf dock 
 
 their duties, shall regulate the anchoring and mooring of all tighten, " ' 
 
 beats, and bay and river craft, steam boat- and ether vessels which 
 (•em.- Within any of said docks 01 basin-. or am lmr at or are secured 
 at any of such wharf- or landing*. He shall also n imlato their 
 entrance- and departure, m as to pi Wfa n l confusion and disorder. 
 
118 
 
 CANAL AND NAVIGATION COMPANIES. 
 
 for .*). Any master or head man of any vessel, or boat or other craft, 
 
 vlio shall fail or refuse to obey, or comply with the lawful order of 
 any of said dock masters or other officers, after having had a reason- 
 able time for obedience or compliance, shall be liable to a fine of five 
 dollars for every Boch offence, to be recovered before any justice of 
 
 the peace having jurisdiction. 
 
 To prevent company'' s employees from violating the peace. 
 
 how 
 
 6. If at any time, on any pari of the company's line, any work- 
 man or other employee shall be engaged in a riotous, tumultuous or 
 unlawful assembly, or in any violation of the peace, any judge or 
 
 justice within his jurisdiction may suppress the same; and for that 
 purpose may command the assistance of all persons present, and of the 
 sheriff or Bergeant of the county or corporation, with his posse, if ne< d 
 be, to arrest and secure those engaged in any violation of the peace. 
 And it shall be the duty of any contractor or officer of the said com- 
 pany having knowledge thereof, to give immediate information of 
 any such violation or apprehended violation, to some judge or justice 
 nearest thereto. Any person so arrested shall be proceeded against 
 as prescribed by law in such cases. 
 
 Exemption from working on other roads. 
 
 Exemptions 
 from v.orking 
 on roads 
 
 7. The officers, contactors and their agents and laborers, hire- 
 lings or hands, while engaged at work upon the line of the company's 
 works, shall be exempt from, and in no wise subject to the provisions 
 of any road law, by which the citizens of any county or corporation 
 along said line may be compelled to perform labor on any road or 
 work within the same, and from any tax or contribution whatever, 
 under any special road law heretofore passed, or that may be here- 
 after passed for any county or corporation. 
 
 Exemption from militia duty. 
 
 From militia 
 duty 
 
 8. The following persons shall be exempt from the performance 
 of the ordinary duties of militiamen, but shall be liable to be drafted 
 and detailed for actual service, to wit: All ferrymen employed by 
 said company at any ferry owned by it; all keepers of any toll 
 bridge owned in like manner: two of the clerks in the office of col- 
 lector of tolls on the Richmond dock and on the lower section of the 
 company's canal; the inspectors of boats, lock gate keepers and 
 overseers employed by them; all their toll gatherers, and the work- 
 men who are non-residents of the county or corporation in which 
 they are at work, and actually engaged in fulfilling any contract for 
 the completion of any work on the company's water line in a spe- 
 cified time. 
 
CANAL AND NAVIGATION COMPANIES. 119 
 
 IX. — For the prevention of obstructions; to facilitate 
 
 NAVIGATION ON THE COMPANY'S LINE, AND TO PUNISH OFFEN- 
 DERS : BALE OF WATER POWER; RESERVATION OF WATER FOR 
 THE STATE ARMORY. 
 
 Mights of navigation preserved} limitation on power of courts to 
 grant leave to erect dams. 
 
 1. In any of the rivers or water courses, the right of improving Bights of 
 or extending' the navigation of which has been given hereby, or may UiUlga ,on 
 l>e hereafter given to the Virginia oanal company, it shall not be 
 lawful for any court to grant to any other person or company the pre- 
 ference to the use of the water flowing therein for the purposes of 
 
 such navigation, nor to grant leave to any person to erect a dam or 
 other obstruction across or in such water course, by which the ordi- 
 nary navigation will bo obstructed, nor by which the water used as a 
 feeder to any part of the company's water line may be diverted or 
 lessened, without the consent of said company. Any such dam or Limitation agto 
 obstruction, notwithstanding it may be built under such leave, shall dams 
 be deemed a nuisance, and may be abated as such. 
 
 Penalty for obstructing navigation with fish trajis, §v. 
 
 2. If any person or company shall hereafter make or cause to be Fish trapB 
 made any hedges, fish traps or other obstructions in any of said 
 
 rivers composing part of the said company's water line, so as to im- 
 pede or injure the passage of battoaux, floats or other vessels, such 
 person or company shall forfeit and pay to the said canal company 
 the sum of fifty dollars for each offence. 
 
 Buoys, beacons and ring bolts to be placed in rivers. 
 
 3. The said company shall cause buoys to be placed in any part nuoyg 
 of their wadr line in which they may be necessary, so as readily and 
 clearly to indicate ami point out to navigators all the entrances and 
 bin- uf the sluices, the wing dams and the jetties, and generally the 
 OOnne of the channels. They shall also cause beacons to be p laced bacons 
 
 on the bars, rocks ami other obstructions to navigation, not within 
 
 the sluices or channels, but which, from their positions, or from Other 
 . are likely to endanger the safety of vessel- or beats naviga- 
 ting the said water line ; which buoys and beacons shall be so con- 
 structed as to be visible, until the water in any of the rivers <>:i the 
 said line in which they may be necessary, shall rise five feel above 
 
 its ordinary lowest level. Pot the greater safety and convenience Rings 
 of the trade, it shall be the farther duty of the said company to 
 large rings u< be attached by suitable bolt or other 
 
 stable bodies, along the sloioei and at the ends ( ,f the win- dam- 
 
 and Jetties, for the better enabling heat- or vet* Is to qv< rooms the 
 
 force (if the currents by warp- and cud.-. 
 
120 
 
 (ANAL AND NAVIGATION COMPANIES. 
 
 Water not to be used but fur navigation : water power, how sold. 
 
 TV.iN-r, how 
 
 \Y;it.r povrcr, 
 
 kvw gold 
 
 4. The water, or any part thereof, conveyed through any canal or 
 cut made by the company, except where tin- land between the canal 
 and the river is entirely the property of the company, shall not be 
 used for any purpose but navigation, unless the consent Of the pro- 
 prietors of the land be first had: but the company may lease or sell 
 to any person or company the water power necessary for propelling 
 any machinery for milling or other purposes, where such person or 
 company may have obtained the necessary site therefor. And where 
 the company is possessed of. or may acquire hereafter, land as hen in 
 before provided for, and shall not thereby damage other proprietors 
 of land in a manner not compensated for at the time of acquiring the 
 same, they may establish any such machinery, and work the same 
 with the water from any canal or dam, so as not to impair the navi- 
 gation by such use of water, and may again sell or lease the same. 
 
 Water for armory, fyc. reserved. 
 
 Water for ■ 5. The commonwealth of Virginia reserves the right to the use of 
 so much of the water in the canal of the company as may be suffi- 
 cient to propel the machinery necessary for the manufacturing of 
 arms at the public armory in the city of Richmond, and which shall 
 be used for that purpose, free of all charge whatever; and the com- 
 pany shall at no time stop or obstruct the use of said water, except 
 when absolutely necessary for the repair of the canal ; and in time of 
 war or apprehended danger, the governor shall be the judge of such 
 
 Lwgecjof state necessity. The said company shall not obstruct the use of the water 
 to the extent it is now enjoyed to the lessees of the state on the pro- 
 perty adjoining the said armory, they paying the rent for said water 
 heretofore agreed to be paid, or that may be contracted to be paid in 
 case of a renewal of their lease: provided, that tin- quantity of water 
 taken by the state shall not so reduce the water in the canal as to 
 interfere with the navigation thereof, and the compliance by the com- 
 pany with any contract heretofore made for a supply of water from 
 the canal to mills or other manufactories. This section shall not be 
 construed to waive or impair any right of the commonwealth, by vir- 
 tue of any law, resolution or contract, to water from the said canal, 
 but such right shall be valid against the said canal company : pro- 
 vided, that the whole quantity of water for the commonwealth shall 
 not exceed that to which the commonwealth may be entitled as afore- 
 said. 
 
CANAL AND NAVIGATION COMPANIES. 121 
 
 X. — Keturns, reports and taxation; duration of charter; 
 
 BIGHT TO ABOLISH IT ; WHEN JAMES RIVER AND KANAWHA COM- 
 PANY RESTORED TO THEIR RIGHTS AND FRANCHISES. 
 
 Reports required of company. 
 
 1. Whenever the general assembly shall call on the Virginia canal when report to 
 company for any information relative to its operations, affairs or con- 
 dition, the said company shall furnish the same. Whether the gene- 
 ral assembly shall do so or not, the Virginia canal company shall 
 
 make an annual report to the Board of public works of its condition 
 and the state of its affairs on the thirtieth day of September, and of 
 the operations of the company during the year ending on that day ; 
 which report shall be verified \ty the president of the company, and 
 be filed in the office of the said board by the fifteenth day of November 
 in each year. The said report shall be in such form as the Board of 
 public works shall prescribe; and in preparing such form, the said Duty of Board 
 board are hereby directed to require that the said report shall con- ° pu ' 1C wor 
 tain as full and minute information in regard to the condition, af- 
 fairs and operations of the said canal company, as may be required 
 by said board in regard to the condition, affairs and operations of 
 the rail road companies within this commonwealth. 
 
 Penalty for failing to make report. 
 
 2. If the said canal company shall fail to make the report herein penalty for fail- 
 required, and in the manner required, it shall be liable to a penalty report.'"' 1 * 8 
 not exceeding two thousand dollars. And the Board of public works, 
 
 if in session, or its secretary, if it be not in session, shall report such 
 failure immediately to tlie attorney general : and it shall be his duty, Failure to 
 after giving to the said company ten days' notice, to proceed against proce!'dcd7or 
 the Mine for such failure, by motion in the circuit court of the city 
 of Richmond. Such court shall consider said case a privileged case, 
 and it ihall be its duty to enter up a judgment for a fine not execed- 
 iiiL' two thousand dollars ami the costs, including a fee of twenty dol- 
 lars for the ■ervioet "t nid attorney general. P^xccution shall be 
 
 •Warded against the said company, to be levied as other executions 
 are toriod apon any of its property. 
 
 '/'</ ration. 
 
 'A. 'I'll.' said com p an y shall be sabjeol to taxation, at a rate not Taxation 
 ■B i ■ 'ling that imposed on other internal improvement Companies in 
 
 this .-: 
 
 Duration of charter. 
 
 4. If the said Virginia canal company be not organized by the company, 
 appointment of a president and directors as required by this charter, "rganiie 
 
122 
 
 CANAL AND NAVIGATION COMPANIES. 
 
 Wben charter 
 may be abro- 
 gated 
 
 within ten months from the passage thereof, this act shall be mill 
 and void; and if said company shall not bona fide commence its 
 
 works within six months after its organisation, or if. after commenc- 
 ing its works, it shall suspend its operations for one year: or if it 
 shall fail to comply with the provisions of the fifth chapter hereof! 8 ° 
 far as the same refers to the fourteenth article of the said provisional 
 agreement, the general assembly may abrogate this charter, and de- 
 clare that the corporate rights ami privilege* of the oompany Bhall 
 cease; or it may allow said oompan y such further time to complete 
 the said works aud to comply with its engagements, as to the legis- 
 lature may seein jasl and proper. 
 
 Disposition <'f 
 property when 
 * corporation in 
 dissolved 
 
 Disposition of prop(rt}i when corporation is dissolved. 
 
 5. If the said corporation shall be dissolved as aforesaid, and its 
 corporate rights and privileges shall have ceased, all its works and 
 property, and debts due to it, shall be subject to the payment of 
 debts due by it, in accordance with the provisions of this charter; 
 and it may sue and be sued as before for the purpose of collecting 
 debts due to it, prosecuting rights under previous contracts with it, 
 and enforcing its liabilities and transferring its property and debts to 
 its successor, as hereafter provided. 
 
 When James river and Kanawha company restored to its rights. 
 
 When James 6. If the said Virginia caual company shall fail to comply with its 
 
 nawha company undertaking as herein before set out, so that the general assembly 
 rights 011 10 U8 Bna ^ proceed to abrogate its charter and to declare that its corporate 
 rights and privileges shall cease, and that its property shall be for- 
 feited according to the provisions of this act and said provisional 
 agreement, then the James river and Kanawha company, as it ex- 
 isted before the passage of this act, shall thereupon be restored to all 
 the rights conferred by its charter and the laws existing at the time 
 of the passage of this act, as fully and effectually as if this act had 
 never passed; and so much of the sum of three hundred thousand 
 dollars appropriated by the .act of March twenty-third, eighteen hun- 
 dred and sixty, for the improvement of the Kanawha river, as shall 
 have been expended thereon, and shall not have been repaid to the 
 state, shall be and remain a lien upon the works, property and fran- 
 Dced of James chises of the company in and upon the Kanawha river; and the 
 Mwhacom" deed which has been executed for the security of the said sum of 
 be D enforce e d t0 tlirtl ' hundred thousand dollars, shall be in full force and effect; and 
 all the rights, interests and liens of the state, in and upon the James 
 river and Kanawha company, and the works, property and franchises 
 thereof, as the same exist at the time this act is passed, shall exist 
 and be in full force and effect : and the said James river and Ka- 
 nawha company shall be subject to all the restrictions, duties and 
 liabilities that are imposed upon it by the laws in force immediately 
 
BANKS. 123 
 
 before the passage of this act ; and said laws so in force at the pas- 
 sage of this act, shall be in all other respects in full force. 
 
 7. The stockholders in the Virginia canal company, at the time Bights of pri- 
 when its said charter shall cease, and when the rights of the said holders 00 
 company shall be transferred to the said Jamea river and Kanawha 
 company, who were stockholders in the James river and Kanawha 
 company, or who derived title to their stock from or under such stock- 
 holders, to the extent of the stock so held, shall be considered stock- 
 holders in that company, and their stock shall be of the par value at 
 
 Which it was estimated while stockholders of the said James river 
 and Kanawha company ; and in all other respects they shall be re- 
 stored to their rights and liabilities, and be entitled to the profits and 
 remedies granted by the charter of the said James river and Ka- 
 nawha company before the passage of this act. And the state shall ofatate 
 have ihe same quantity of stock in the said James river and Ka- 
 nawha company, and the same interest therein as is now held by the 
 state in said company. 
 
 8. If at any time hereafter the Board of public works shall be How, if Board 
 abolished or shall cease to exist, the powers and authority vested in ccase't'oexTs't^ 1 ' 
 it by this act shall be vested in and exercised by such other body as 
 
 may be authorized by the constitution or laws of the state to control 
 and superintend the public works of Virginia. 
 
 9. No tax shall be charged for this charter, under the tax bill 
 passed at the present session of the general assembly. 
 
 10. This act shall be in force from its passage. Commencement 
 
 Chap. .'.?.— An ACT for the Belief of the Banks of this Commonwealth. 
 
 Passed March 1, 186L 
 
 l. Be it enacted by the general assembly, that bo much of all or stupauioaof 
 
 any acts as now may subject any bank ox banking corporation incor- f, r '^X.' ( f mcnti ' 
 porated by the laws of this commonwealth, now in operation, or 
 
 which may bo put in operation whilst this act is in force, to the for- 
 feiture of it-- charter, Of to any other penalty for failing or refining 
 (o ).. y or redeem its notes or d< bte in specie, shall ho and the same 
 
 are In rely sii-pended until the first day of March eighteen hundred Limitation as to 
 and Btxty-tWO; and if any such bank or banking corporation shall 1 ""'' 
 
 forfeited its charter by failing or refusing to pay in specie any 
 
 note nr other debt due from such bank, the forfeiture thereby incur- 
 red shall be remitted: and the charter of .-noli bank, with all the , harm™ not 
 rights and powers thereby conferred, except such portions thereof 
 
124 
 
 BANKS. 
 
 are herein before suspended, shall be and the same is hereby de- 
 clared to be in full tew and effect, to all iBUBti ami purposes, until 
 rroTiw tin- dat<- before mentioned: provided, that nothing hereio contained 
 
 shall be eo ooaetrued ai to pr eveal the reoovery of the amount of 
 
 any note or debt dm- from any such bank, with legal interest th< 
 in the nude prescribed by law. 
 
 Bank noti k 
 
 !.]■• in 
 :it <■{ 
 fulilic duel 
 
 ■J. The noses of the leveraJ bank-- which have been heretofore 
 remind t<> 1"' reoeived in payment of taxes and debts dae ko the 
 
 commonwealth, shall continue to I veil, ami the d 
 
 the pnblie revenue shall oontinne to be made in the banka now 
 
 authnri/ed by law to receive the ~aine, until the period herein before 
 
 mentioned, unless the treasurer, with the advice of the executive. 
 
 shall direct otherwise in reaped to such receipts or deposits, or both, 
 in the mode preeeribed by law. 
 
 Whan banks 
 
 3. Nothing in this act shall be so construed as to prevent any of 
 the banks of thi> commonwealth from resnming specie payment at 
 
 any time prior to the date herein before mentioned, at the discretion 
 of the president and directors thereof. 
 
 R*-dcmption law 
 repealed 
 
 4. 15e it further enacted, that sections one. two, three and four of 
 the act passed April second, eighteen hundred and tifty-.i^ht. pro- 
 viding for a more uniform currency of the banks of the state, be and 
 the same are hereby repealed. 
 
 Bunkx, wlun to 
 funueli - 
 
 ' 
 
 Exchange 
 
 5. It shall be the duty of the several banks and branch banks of 
 
 the state, whenever required by the governor to redeem, in ipeoie ox 
 specie funds, such an amount of their notes a< may be necessary to 
 
 meet tin- specie deinaiids upon the treasury of the commonwealth : 
 provided, that nothing in this section shall be construed to require 
 
 the banks of this commonwealth to contribute specie beyond the 
 amount necessary to pay the interest upon the public debt ; and to 
 this end, the Contribution shall be ratable, and according to a uni- 
 form pen oentage upon. the aggregate amounl of the capital, circula- 
 tion and deposits of all the banks of this commonwealth on the first 
 
 day of October next preceding the requisition. 
 
 G. On the payment id' every note, bill or draft drawn by citizens 
 
 of Virginia, payable at the cities of Baltimore, Philadelphia, New 
 
 York and Boston, heretofore discounted by, and which is now unpaid 
 and the property of any bank <>r branch, or which may be hereafter 
 discounted by any bank or branch during the suspension of specie 
 payment by it, such bank or branch shall pay to the party for whom 
 such paper was discounted, the excess of exchange at the time of 
 muIi payment, over and above the rate between the point where 
 such bank or branch is located and the point where such paper is 
 payable, at the time such bank or branch suspended specie payment; 
 
BANKS. 125 
 
 and on failure of such bank or branch to pay snoli excess on paper Penalties 
 hereafter discounted, the party entitled thereto may recover the 
 same, by warrant before any justice of the peace) or when the 
 amount is over fifty dollars, by motion, on ten days' notice before 
 any court of the county or corporation where such bank or branch 
 is located; and on the failure of any bank or branch to pay such 
 la on paper heretofore discounted and unpaid as aforesaid, such 
 bank or branch shall not have the benefit of the provisions of this 
 act releasing any penalty or forfeiture incurred by it by the non- 
 payment of specie. 
 
 7. The sixteenth section of chapter fifty-eight of the Code of Code amenta 
 Virginia of eighteen hundred and forty-nine shall be amended and 
 re-enacted so as to read as follows : 
 
 "§ 16. Any bank authorized to canyon business as a bank of rsank may loan 
 circulation, deposit and discount, may loan money for a period not mon ' T 
 exceeding six months, and discount any bill of exchange, promissory 
 note, or other negotiable paper for the payment of money which will 
 be payable within six months from the time of discounting the same. 
 A bank may take interest on its loans and discounts at the rate of what inform i- 
 one-half of one per centum for thirty days, and the interest may be may taKe 
 received in advance. Each bank or branch shall so regulate its 
 loans and discounts that the same shall not exceed twice the amount 
 of capital actually paid into such bank or allotted to such branch. 
 Any pn rident, director or cashier who may be instrumental in vio- penalty 
 lating this section, shall be fined five hundred dollars." 
 
 8. No bank or branch of a bank which may have been heretofore xp W banks, 
 incorporated or authorized to be established by the general assem- operatVoif" 
 
 bly. and which shall not at the time that this act takes effect, have 
 actually -one into lepra] operation, according to the terms of its 
 chart' v. shall be permitted to do so during the suspension of specie 
 payments by the banks of this commonwealth. But this section 
 shall not be construed to apply to amended charters of banks now 
 
 in operation : provided, that this m ction shall not apply to the Bank Fnnnlloi 
 
 of the city of Petersburg or the Bank of Pittsylvania, or to the 
 branch bank authorised to be established at Ifonaakon. 
 
 '■'. This act shall be in (ore- from it- psjMt monrcmeot 
 
 i ■ Y _inia. 
 
 [P»«wd March 2fi, USL] 
 
 1 1'" H '' gCMnl appcmbly of Virginia, that tl • •, 
 
 firot section of tin ad entitled an act to extend the charter of the ftTT "' D ' v * , 
 
12G 
 
 BANKS. 
 
 Bank of Virginia, passed March tin- seventeenth, eighteen hundred 
 and fifty-six, be amended and re-enacted so as to read as foil* 
 
 r ex- 
 
 I f<T 
 twenty yeari 
 
 ; to 
 i xirting lawg 
 
 14 § 1. Be it enaoted by the general assembly of Virginia, that the 
 
 charter <>f the Bank "f Virginia be and i> ben by i in nded from the 
 fir.-t day of April eighteen hundred and sixty-three, for twenty yean \ 
 and the liank is hereby Invested with all tin- rights, powers and pri- 
 vileges conferred, and made subject to all the rules, regulations and 
 lesUiotions imposed by the fifty-sixth, fifty-seventh ami fifty-eighth 
 
 chapters of the Code of Virginia, and the aet entitled an act to 
 amend the tenth section of chapter fifty-seven of the Code of Vir- 
 ginia, passed April the ninth, eighteen hundred and fifty-three, so far 
 
 as the same may he applicable to banks of circulation j and to all 
 
 the righto and liabilities which have accrued under an ait entitled 
 
 an act to separate the state from the banks, by a sale of its stook 
 
 therein, and the application of the proceeds to the redemption of 
 the public debt, passed March eighteenth, eighteen hundred and 
 fifty-six." 
 
 Act <■! 
 
 UUll-Il'l- I 
 
 2. The ninth section of the said act of March the seventeenth, 
 
 eighteen hundred and fifty-six. shall he and is hereby re-enacted as 
 follows : 
 
 When net to 
 take effi-ct 
 
 " § 0. Thhl act Shall Commence and he in force on ami after the 
 
 first day of April eighteen hundred and sixty-three: provided its 
 provisions shall have heeii approved by the stockholders in the said 
 hank, convened in general meeting at any time before the first day 
 id" February eighteen hundred and sixty-two, ami such approval 
 
 shall have heeii made and certified hy the president and cashier of 
 said hank, under its corporate seal, to the governor of the common- 
 wealth." 
 
 in M'.r.'.i. — An ACT to extend the Charter of the Tanners Bank of Vi 
 
 ■ \ Muivi. BjB, L86L 
 
 s.ciion i of act 1. Be it enacted hy the genera] assembly of Virginia, thai the 
 
 1 " 1 " 1 first section of the act entitled an act to extend the charter of the 
 
 Fanners Bankof Virginia, passed March seventeenth, eighteen hun- 
 dred and fifty-six, be amended and re-enacted so as to read as fol- 
 lows : 
 
 Charter cx- 
 tcmliil fin 
 twenty years 
 
 Subject to 
 existing lawB 
 
 "§ l. Be it enacted by the general assembly of Virginia, that the 
 
 charter of the Farmers Bank of Virginia be and is hereby extended 
 from the first day of April eighteen hundred and sixty-three, for 
 twenty years; and the hank 18 hereby invested with all the rights, 
 powers and privileges conferred, and made euhject to all the rules, 
 
BANKS. 127 
 
 regulations and restrictions imposed by the fifty-sixth, fifty-seventh 
 and fifty-eighth chapters of the Code of Virginia, and the art entitled 
 an net to amend the tenth section of chapter fifty-seven of the Code 
 of Virginia, passed April ninth, eighteen hundred and fifty-three, so 
 far as the same may lie applicable to banks of circulation, ami to all 
 the rights ami liabilities which have accrued under an act entitled an 
 act to separate the state from tlie banks, by a sale of its stock therein, 
 ami the appropriation of the proceeds to the redemption of the pub- 
 lic debt, passed March eighteenth, eighteen hundred and fifty-six." 
 
 2. The ninth section of the said act of March seventeenth, eighteen srrtinnOof act 
 hundred and fifty-six. shall he and is hereby re-enacted as follows : 
 
 " § 0. This act shall commence and be in force on and after the When art to 
 first day of April eighteen hundred and sixty-three : provided its 
 provisions shall have been approved by the stockholders in the aaid 
 
 hank, convened in general meeting, at any time before the first day 
 of February eighteen hundred and sixty-two, and such approval shall 
 have been made and certified by the president and cashier of said 
 bank, under its corporate seal, to the governor of this common- 
 wealth." 
 
 CHAP, fin. — An ACT to extend the Charter of the Exchange Bank of 
 
 Virginia. 
 
 Pasfed March 26, 186X 
 
 1. Me it enacted by the general assembly of Virginia, that the Section 1 of art 
 fi»( section of the act entitled an act to extend the (barter of the : ' :,,i a,ncndcd 
 Exchange Bank of Virginia, passed March the seventeenth, eighteen 
 hundred and fifty-six, be amended and re-enacted so as to read as 
 follow- : 
 
 "§ 1. Be it enacted by the general assembly of Virginia, that charter ex- 
 
 1 for 
 
 twenty roan 
 
 the charter of the Exchange Bank of Virginia be and i> hereby ex- '' 
 
 tended from the fir.-t day of April eighteen hundred and sixty-three. 
 for twenty years; and the hank is hereby invested with all the rights, 
 
 n and privileges conferred, and mad.- subject to all the rules. - 
 regulations and restrictions imposed by the fifty-sixth, fifty--, venth '' 51 " t " ,glaw " 
 and fifty-eighth <li.ij.tr r^- of the < '"de of Virginia, and 'iti- 
 
 tied an net to amend the tenth section of chapter fifty-seven of the 
 "f Virginia, passed April ninth, eighteen hundred and fifty- 
 three, so far ■ y be applicable to haul- ..f circula- 
 
 tion, and to all the rights and liabilities which h ,d under 
 
 ' entitle. 1 ,<<■ from tic bank-, hv a 
 
 I therein, and the application of the | •., the re- 
 
 demption of tie- public debt. pas»<d Ma teen hun- 
 
 dn d and fifty- 
 
126 
 
 U96 BBeodM 
 
 :irt to 
 
 BAJ 
 
 Of March seventeenth, i-iph- 
 l.hii.lr. <1 and fifty-StX, shall bfl and i- hereby 
 
 "10. ] ,11 r..mini-i;c -• and he in f--r«-«- "ii ami a ft or the first 
 
 of April eighteen hundred and sixty-three: provided its provi- 
 
 ■hall have been approved by the ttookholden in the said hank. 
 
 ened in general meeting, at any time before the fir-; day of 
 
 Pebnuui eighteen hundred and sixty-two, and nob approval shall 
 
 liavr been made and certified by the president and oaahier of mid 
 
 Lank, andet to corporate teal, to the goi srnor of thii commonwealth." 
 
 Sivtinn 1 Of Ml 
 
 c, m . r,i — An ACT ko astend the Oharter of the Bank. 
 
 Yirpiniii. 
 
 ■ 
 
 l. Be it enacted by the general assembly of Virginia, that tlio 
 first oeotion of the act entitled an ad to extend the oharter of the 
 Bank of the Valley in Virginia, passed March •erenteenth, eighteen 
 hundred and fifty-six, be amend, d and re-enacted Mas to read as 
 follow 
 
 I for 
 tweotj 
 
 
 »*§1. Be it enacted by the general assembly of Virginia, that the 
 oharter of the Hank of the Valley in Virginia he and ii herebj ex- 
 tended bom the firsl day of April eighteen hundred and sixty-three, 
 fdr twenty \e.ir-: and the bank ii hereby invested with all the rights, 
 and privileges conferred, and made subjed to all the rules, 
 rej and reati otiona imposed bj the fifty-sixth, fifty-Mventfa 
 
 and fifty-eighth ohapton of the Code of Virginia, and the ad enti- 
 tled an act tO anund the tenth Motion of chapter fiftj S< '. - D of tlio 
 Cud.- of Virginia, passed April ninth, eighteen hundred and fifty- 
 three, M fiu ai the same may be applicable tO hanks of circulation, 
 
 and to all the rights and liabilities which have accrued under an net 
 entitled an a< t to Mparata the state (roes the banks, by ■ wis <>f its 
 stuck therein, and the appropriation of the proceedi t<> the rederap- 
 ti f the public debt, passed March eighteenth, eighteen hundred 
 
 and fifty-olx." 
 
 I as ninth section of the -aid act of March s.\ ■ nte. nth. eighteen 
 
 hundred and fiftr-six, shall he and is hereby re-enacted as follow*: 
 
 tukc rffcel 
 
 1 This ad shall commence and he in force on and after the 
 fird da\ of April eighteen hundred and sixty three : ].ro\ idcd it^ 010- 
 
 oni thai] have been approved by the stockholders in the uid bank, 
 oonvened in general mooting, at any time before the first day of 
 Februarj eighteen hundred ami sixty-two, ami such approval shall 
 
BANKS. 1 99 
 
 have been made and certified by the president and cashier of said 
 hank, ander its corporate seal, to the governor df this common- 
 wealth." 
 
 Chap. 88.— An ACT to extend theChartai of the Northwestern Bank of 
 
 nia. 
 PaHRod March W, 1861. 
 
 1. Be it enacted by the general assembly of Virginia, thai the first lofnc; 
 section of the act entitled an act to extend the charter of the North- 
 western Bank of Virginia! passed March seventeenth, eighteen hun- 
 dred and fifty-six, be amended and re-enacted fo as to read as fol- 
 lows: 
 
 "§ 1. Be it enacted by the general assembly of Virginia, that the Charter 
 charter of the Northwestern Hank of Virginia be and is hereby ex- rx 
 tended from the first day of April, eighteen hundred and sixty-three, 
 
 fur twenty years : and the bank is hereby invested with all the rights, 
 
 powers ami privileges conferred, and made subject I" all the rules, re- Subject to 
 
 gulationi and restrictions imposed by the fifty-sixth, fifty-seventh and ' x|,,,in P ,av, ' s " 
 
 fifty-eighth chapters <>f the Code of Virginia, and the act entitled an 
 
 act to amend the tenth section of chapter fifty-seven of the Code at 
 
 Virginia, passed April ninth, eighteen hundred and fifty-three, so far 
 
 as the same may he applicable to hanks of circulation, and to all the 
 ami liabilities which have accrued under an act entitled an 
 
 act to separate the state from the banks, by s sale of its stock therein, 
 and the appropriation of the proceeds to the redemption of the pub- 
 lic debt, passed .Manh eighteenth, eighteen hundred ami fifty-six." 
 
 2. The ninth section of the i of March seventeenth, eigh- geetfoa 
 
 teen hundr. d ami fifty-six, shall be and is hereby re-< DM b 1 a- ' , 
 lows : 
 
 " § 9. This act shall commence and be in force on and after thewhaawtta 
 first day of April eighteen hundred and sixty-three: provided its prn- 
 l have been approved bv the stockholders ia the said bank. 
 i' nil meeting, at any time before the tir.-t da] "f Feb- 
 ruary > ighteen hundred and sixty-two, ami nidi approval shall 1 
 hi ■ ii madi ai I < • riiiied by the presidi d1 ink. 
 
 umb r it- i orporate seal, to tin ^- Pernor of tin- commonwealth." 
 

 BANKS. 
 
 - 
 
 f<>r 
 
 
 Chap " " uic * 
 
 ■• 
 
 I. iotod bj t!i-- genera] a~.mhly of Virginia, that the 
 
 first section of the act entitled u ad I the charter of the 
 
 Iferohanti ami Mechanioa Bank of Wheeling, pasted March seven- 
 teenth, eighteen hundred and fifty-six, be imeaded ind r. -em 
 m ;i- in read a- fbUowi i 
 
 »| 1, Hi- it enaeted by the general assembly of Virginia, that the 
 charter <>f die Iferohanti and Ifeehanioa Bank of Wheeling be ind 
 
 i^ I,, dod fr(.in tli« firi-t .lay of April < tghteen bandied ami 
 
 sixty -three, for twenty-years ; an.l the hank is hereby invested, with 
 all the right*, powers ami privileges oonferred, an.l made subject so 
 all the ml.!-. regulations an.l restrictionfl imposed by tin- fifty-sixth, 
 fifty-seventh an.l fifty-eighth chapters of die Code of Virginia, and 
 tin act entitled an act t<> emend tin- tenth Motion of ohapter Jii'ty- 
 d of the Code of Virginii kpril ninth, < ighteen hundred 
 
 an.l fifty-three, bo tar a- th.- lame may be applicable to banki of t ir- 
 
 ciilatioii. an.l to nil the rights and liabilities which have :■'■. ru< •! nn.hr 
 
 . i entitled an act to separate the state from the banks, by a sale 
 of it- stook therein, ami the appropriation of th.- prooei da to the re- 
 demption of th.- public debt, passed March eighteenth, eighteen hun- 
 dred ami fiftv-i 
 
 take «ff..t 
 
 i. The ninth lection of the said act of March seventeenth, sigh- 
 d hundred an.l fifty-six, shall be an.l la hereby re-enact- 
 
 foil. 
 
 "§ !». Thia a.t .-hall commence ami be in fore on ami after the 
 first .lay of April eighteen hundred ami sixty -three : provided its 
 provisions shall have hen approved by the stockholders in the said 
 hank, convened in genera] meeting, at any time before tin firsl .lay 
 of February eighteen hundred ami sixty-two, an.l Mich approval 
 shall have been made ami certified by the president and, cashier ol 
 said hank, under its corporate seal, to the governor of tin- common- 
 wealth." 
 
 .. nil- il 
 
 Chap. 64.— An ACT amending the SM section of an act authorising the 
 
 of the \'.-ii Hi:, to establiah a Branch in the City of Rich- 
 
 ad. 
 
 188L 
 
 I . Be it enacted by the gem ral assembly . thai the second section 
 of an a.t authorizing the Bank of the Valley in Virginia to establish' 
 a branch in the city of Richmond, passed March thirtieth, eighteen 
 
BANKS. |:!l 
 
 hundred and sixty, be amended and re-enacted bo m to read as 
 
 follow! : 
 
 "§ 2. The capital Btook of paid office shall be farniBhed by a sale node of i 
 of additional stock, or by a transfer of stock, or by a combination <>f r,,| " ,:i! "' 
 the two modes: provided, thai no Bale of new stock shall be for less 
 than its par value." 
 
 2. This act shall be in force from it- paess 
 
 Chap. 65.— An ACT establishing b Bnu cl Bank a( the Town of Jefferson- 
 
 vilk' in the < '(mni y of Tan welL 
 
 ■ i March 30, L861. 
 
 1. Be it enacted hy the general assembly, that it shall lie lawful mat baakt 
 
 tor tli- Bank of Virginia, the Farmers Bank of Virginia, the Bank 
 
 the Valley in Virginia and the Exchange Bank of Virginia, or either 
 of them, to establish an office of discount and deposit at Jefferson- 
 ville in the county of Tasewell, with a capital of not less than one Capital 
 hundred thousand dollars, nor more than two hundred and fifty thou- 
 sand dollars; to he provided hy a transfer of the capital stock from n 
 the hank electing to establish such branch, or by the creation and 
 sale of new stock to the requisite amount, or by a combination of 
 these modes, at the stockholders in general meeting may determine 
 and direct. 
 
 2. The said office, when established, shall he under the directors, m , . ..... 
 
 t.-i lw appointed in like manner, ami to have all the powers and pri- 
 vileges, and he subject to all the rales, regulations and reetrictiona 
 provided hy law in r< sped to other offices of discount and deposit. 
 
 iiall be in force from its | 
 
 ' k of Virginia, 
 
 l. Be it enacted hy the l-< n- r.J assembly "i Virginia, thai tin ., 
 
 OH of thr net entith .1 an a. t to amend the ( harter of t!.. 
 
 Central Bank of Virginia, passed Februarj 
 
 hundn .. tide .1 and n f..l- 
 
 uterof tax nU bank shall oootiaua and be in ho,' 
 
 until the fat day of April fSM the* I lnndn d tad 
 
 •hr, ■ 
 
L32 
 
 BANKS. 
 
 Autb* r 
 
 tran< I 
 
 : Mock 
 
 
 may l» 
 
 2. TIm- bank may establish branch offioee at Wajrrenton in the 
 
 ••. ..: Fauquier, an.] at Beverley in the county of Ran dolph . 
 
 with capital- of nut less than on.- handled thonaand dollan nor more 
 
 than two hundred and fifty thouaand dollars, respectively, at the tlis- 
 oretion of .-aid bank; t<» 1"' provided by a sale <>f new Btook to the 
 requisite amount, or by a transfer of oapital from tin- bank at Staun- 
 ton, or by a combination of these i Les, at the stockholders in gene- 
 ral meeting may tint: provided, thai no sale of the atook shall be 
 made at leai than the par value. The said branches, or either of 
 them, when established, to be ander the direction of seven directors, 
 to be appointed, and to have the same powers, and to be rabji of to 
 theoharter provided by law in respeol to the said Central Bank of 
 
 Virginia, and to such other law.- as may now he or hereafter pa--. & 
 
 in n sped i" .-aid bank. 
 
 :t. it shall be lawful for tin- said bank to [norease its capital to the 
 amount of on.- million of dollar-, by the sale of stock: provided it 
 
 shall not lie sold at leSB than it- par Value. 
 
 I . m 4. This ad shall he in force from it- passage. 
 
 Chap. <'>7. — An ACT to enable the Rionticello Hank or the Bank of the 
 Commonwealth to establish an Office of Discount and Deposit at Itfonaa 
 kon in th<- ( ionnty of Lancaster. 
 
 r - - i t • bnuurj 96, L86X 
 
 I. Be it enacted by the general assembly, that it shall and may 
 1m- law fid for tin' Monticclio Hank or the Bankof the Commonwealth 
 to establish an offioe of disoounl and deposit at Bfonaakon in the 
 
 county of Lancaster, with a capital of not less lhaii one hundred 
 thousand dollars nor more than one hundred and fifty thousand dol- 
 lars, at the discretion of the stockholders of such hanks. 
 
 bow r 
 
 2. The capital stock of said office id' discount and deposit shall 
 
 he provided by a transfer of the capital stock of .-aid banks, to the 
 
 amount aforesaid, to said office at Monaskoii. and not by any in- 
 creased subscription to the capital stock of said luniks. 
 
 3. The management of said offioe shall he under the control of a 
 
 pi' jid( m ami hoard of directors, consisting of five in till, to be ap- 
 
 . pointed and elected in the same manner, with like qualifications, 
 
 power- and tenure of office as the directors of the bank of which the 
 
 said offioe may be a branch : provided, that the fir.^t election of 
 
 director- of .-aid oilice shall take place at such time as the directors 
 of the hank of which the said office may he a branch, shall deter- 
 mine, ten day-' notice thereof having been first given in some news- 
 
BANKS. 133 
 
 paper published in Charlottesville or Richmond. Said directors, 
 thus elected and appointed, shall hold their offices until the next 
 annual meeting of the stockholders, or until their successors shall he 
 chosen and qualified. 
 
 4. The said office of discount and deposit shall he subject to the 8nbject to 
 rules, regulations and restrictions prescribed, and invested with all ' ' 
 
 the rights, powers and privileges conferred by the fifty-seventh and 
 fifty-eighth chapters of the Code of Virginia, and all acts amenda- 
 tory thereof, applicable thereto. 
 
 5. This act shall be in force from its passage, and subject at all Commencement 
 times to modification or repeal, at the pleasure of the genera] 
 assembly. 
 
 Chap. 68, — An A.CT to authorise the Merchants Bank of Lynchburg and 
 the Klonticello Bank to establish Branches .-it certain places. 
 
 ^1 Murcli 11. 1861. 
 
 1. Be it enacted by the general assembly, that it shall be lawful what banka 
 
 for the Merchants Bank of Virginia or Monticello Bank to establish ^.'.'.y,' 
 branches at Rockymounl in Franklin county, Goodson or Abingdon where 
 in Washington county, Lebanon in Russell county, and Princeton in 
 
 Meier county, or in any one of the said places, with a capital of not Capital 
 less than one hundred thousand dollars nor more than three hundred 
 thousand dollars; to be provided by a sale of new stock to the requi- 
 site amount, or by a transfer of capital from the bank that may exer- 
 cise the privilege conferred by this act. or by a combination of th< Be 
 modes, a- the stockholders in general meeting may elect. 
 
 •J. This act shall be in force from its passage. 
 
 ( n ip 66 —An ACT tn incorporate the Bank of Parkerabarg in the County 
 
 "t Wood. 
 
 I. Be it enacted by the general assembly, that it shall be lawful i' 
 ibliab a bank at Parkersburg in the county of Wood, with a ' 
 
 capita] of one hundred thousand dollar-, agreeably to the provisk 
 of the act entitled mi aet r-i ahli-hin;; general regulations for the bv 
 corporation of banks, passed March the two d in the r< 
 
 of our Lord eighteen hundred ami thirty seven, esoepf as herein 
 after modified; and the subscribers and stockholders therein 
 hereby incorporated by the name and style of The Bank of Parte 
 

 HANKS. 
 
 i 
 
 
 f raforc- 
 • mcnt 
 
 ■ ' to 
 
 burg, agreeably t<> tin- tnie intent and meaning of said rented act; 
 
 and shall continue until tin- first day of Ai>ril in the year eighteen 
 hundred and eighty; and thai W. N. ChanoeUer, William Logan, 
 K. B. Boreman, J. J. Jackson, jnnior, W. 11. Bdorehead, L. P. Heal, 
 James I'd-. J. EL Murdoch. .James Cook. T. (;. Smith, A. 6. Clark 
 and George Hopkins, or any five or more of them, arc hereby ap- 
 pointed commissioners to open books of subscription for the stock of 
 said bank, and under the direction of such person or persons, and at 
 such place or places as they may designate. 
 
 .'. And be it further enacted, thai it shall he lawful for the stock- 
 holders i" the Bank of Parkersburg to pay their respective subscrip- 
 tions in the following installments, iii lien of those required by the 
 recited act, to wit : ii\ e dollars on each share at the time of sub- 
 Boribing; immediately after the eleotion of the first hoard of direc- 
 tors, the further sum of twenty dollars on each share subscribed; ill 
 
 silt] days iVmn the election of such directors, the further sum of 
 twenty live dollars on each share subscribed; and the residue iii six 
 months from the election of the first hoard of directors: and if any 
 stockholder shall fail to pay the amount of the requisitions aforesaid 
 for the space of ten days after the period when the same shall be- 
 come due, he shall he hound to pay legal interest thereon from the 
 day when the same became payable; to he recovered in the mode 
 now provided by law for the recovery of delinquent subscriptions. 
 
 '\. Be it further enacted, that the Bank of Parkersburg shall be 
 Bubjeot to all restrictions and general provisions and regulations to 
 which the banks of Virgiuia may hereafter he subjected by the 
 
 legislature. 
 
 ncement 4. This act shall In- in force from and after its passage, and shall 
 In- subject to amendment or repeal, at the pleasure of the general 
 obly. 
 
 Agl nrv. hot* 
 -i..-(l 
 
 Chap. 70. — An ACT allowing the Northwestern Bans of Virginia ami any 
 of it s branches i" establish an Agency in the City of Richmond tor the 
 n demption of its circulating notes. 
 
 Paaaed January 93, L8S1. 
 
 l. lie it enacted by tin- genera] assembly, that it shall he lawful 
 for the parent hank or any branch of the Northwestern Hank of Vir- 
 ginia, to establish an agency in the city of Richmond for the redemp- 
 tion of its circulating notes, at a rate of discount not exceeding one- 
 fourth of one per cent. If any such agency he established, the 
 president of tin- hank or branch shall certify the same to the governor 
 of Virginia with each quarterly report of the hank; and such certifi- 
 cate shall he published with the report. For failure so to certify such 
 
BANKS. 135 
 
 agency, the parent bank or branch establishing' the same, shall for- 
 feit to the commonwealth one hundred dollars for the first offence, 
 and five hundred dollars for each separate offence thereafter. 
 
 2. It shall be the duty of the bank or branch establishing such Rate of redemp- 
 agency, to redeem on demand .at such agency, at a rate of discount tl0u 
 
 not exceeding one-fourth of one per cent, all its circulating notes 
 which shall be presented at such agency for payment ; and for a 
 failure so to redeem the same, the holder thereof may recover the 
 same damages, and in the same mode now provided for by law, for 
 failure to pay in specie at the office or bank where payable. 
 
 3. If the notes of the parent bank or branch which shall have specie draft, 
 established such agency, be presented for redemption at the bank or ow ^ " <0,1 
 branch at which they are payable, such parent bank or branch may 
 redeem the same by a specie draft at par upon its agency at Rich- 
 mond, where it has made provision for the redemption of its notes : 
 provided the aggregate amount of its notes presented and held by 
 
 the same person, shall exceed five hundred dollars. Any person in case of re- 
 rerasing to aocepl snob draft in redemption of notes presented or held gpe^droft' ' 
 by him, shall not be entitled to proceed against such bank or branch, 
 under the fifteenth section of the fifty-eighth chapter of the Code. 
 
 4. If the parent bank or any branch of the Northwestern Bank of Not mbjocl t< 
 
 Virginia shall establish an agency in the city of Richmond as afore- [gee actfor re 
 
 said. then, so lorn? as it shall continue to redeem its circulating notes li ' 1 ',"' "" '' ;ni1 - 
 ° o ot the common 
 
 when presented for payment at such agency, at a rate of discount wealth.] 
 not exceeding one-fourth of one per cent, it shall not be subject to 
 the act passed April second, eighteen hundred and fifty-eight, entitled 
 an act providing for a more uniform currency of the banks of the 
 
 state. 
 
 5. The parent bank or branch establishing such agency, may from Agency, how 
 time to time thereafter change the same, and appoint a new agency aBge 
 
 for the purposes specified in this act : but every such appointment 
 shall be forthwith certified as aforesaid to the governor of Virginia a 
 
 6. This act shall be in force from its passage. Commencement 
 
 Chap. 71.— An ACT to amend the Charter of the Banfe of the Common- 
 wealth. 
 
 ' January 31, 186L 
 
 l. Be it enacted by the general assembly, thai the second, third, certain i 
 fourth, tilth, sixth, seventh and eighth lectioni of the ad passed on ;.'. 
 
 the fourteenth .lay of March eighteen hundred and lilly-tlnvr. enti- 
 
L36 
 
 HANKS. 
 
 tied irporate the Mineral Hank of Virginia, ami the 
 
 ■ .1 <.ii the mt< mil day of April eighteen 
 
 hndnd and fifty-eight, entitled an act i<> amend an ait t«> incorpo- 
 
 the Mineral Hank of Virginia, ami to ohangC the name of s:iiil 
 
 bank to the Hank of the Commonwealth, be and die Mine are hereby 
 repealed. 
 
 . 1 1 b4i 'i 
 
 '.'. I hat the ninth section (if the MOM B04 1"' and tin- same is 
 herein amended ami re-enacted so a- to read a- follow*: 
 
 I mm' 
 
 1 Thi' charter of the said hank shall continue and 1>< in force 
 until the first day of duly eighteen hundred and m\ < i i t \ - ■ light." 
 
 
 
 ■Vli. li i 
 
 ■ hi 
 
 3. nrer of the itate may retransfer to the said hank the 
 
 certii -in- (1. lit of tin- ,-tate. ami the bonds of internal im- 
 
 provement oompaniei guaranteed by the state, now held by him in 
 trust tor the pnrpoeei of said hank, or any pari thereof, npon re* 
 oeiving and canceling an equal amount of the notes of said hank 
 Countersigned by him: ami if the note! Of thi- said hank. BO coun- 
 rned by him. have been so Ear returned ami canceled at 
 
 that the amount outstanding shall not exceed the sum of ten tlioii- 
 tand dollars, the said treasurer may retraiisfi r the residue of the 
 
 -aid certificates or guaranteed bonds to said banks upon receiving 
 
 from at hu-t live of the stockholders thereof, with at hast live good 
 
 ami sufficient securities, to be approved by him, a joint and several 
 
 bond, payable to the commonwealth of Virginia, in a penalty eijunl 
 to at least three times the amount of such outstanding notes, and 
 conditioned to pay the same, on demand, at the place ol business <■! 
 
 -aid hank, or either of the Obligors therein: which said bond shall 
 he i, curded in the manner prescribed in the fourth seotion of chapter 
 
 one hundred ami eighty-sis of the Code of Virginia, and shall have 
 the force of a judgment; and for every breach of the condition 
 
 thereof, execution may be issued, upon ten days' notice of the appli- 
 cation thenfor. in the name of tin' commonwealth, for the benefit of 
 the holder of any such unredeemed notes, for the amount thereof 
 
 and c 
 
 I. This act shall commence and he in force from and after the 
 
 time when it- provisions have been approved by the stockholders of 
 
 -aid hank, convened in general meeting, and such approval shall 
 
 have been made ami certified by the president ami oasbier of said 
 hank to the governor of the oommonwealthi 
 
BANKS. 187 
 
 Chap. 72. — An ACT to amend the Charter of the jBank of Scottsville. 
 Passed February 27, lPfil. 
 
 1. Bo it enacted by the genera] assembly, that the sixth, seventh, Certain sections 
 eighth, ninth and tenth sections of an act passed May twenty-eighth, repealed 
 eighteen hundred and fifty-two, entitled an act to incorporate the 
 
 Hank of Scottsville, be and the same arc hereby repealed. 
 
 2. That the fifth section of the same be and is hereby amended Section 5 
 and re-enacted so as to read as follows: 
 
 " § 5. The treasurer of the state may retransfcr to the said bank When treasurer 
 the Certificates of the debt of the state and the bonds of internal JJe%ficatescf 
 improvement companies guaranteed by the state now held by him hi '' < ' un,i( ' 8 
 in trust foe the purposes of said bank, or any part thereof, upon re- 
 ceiving and canceling an equal amount of the notes of said bank, 
 countersigned by him; and if the notes of the said bank, so conn- when residue 
 tersigned by him, have been so far returned and canceled as that 
 the amount outstanding shall not exceed the sum of live thousand 
 dollars, the said treasurer may retransfcr the residue of said ccrtifi- 
 
 or guaranteed bonds to said bank, upon receiving from at least when bond 
 
 live of the stockholders thereof, with at least five g 1 and sufficient 
 
 securities, to be approved by him, a joint and several bond, payable 
 to the commonwealth of Virginia, in a penalty equal to at least three 
 times the amount of such outstanding notes, and conditioned to pay 
 the same, CO demand, at the place of business of said bank, or of 
 either of the obligors therein ; which bond sliall be recorded in the 
 manner prescribed in the fourth section of chapter one hundred and 
 eighty-six of the Code of Virginia, and shall have force of a judg- Force of judg- 
 ment : and for every breach of the conditions thereof, execution when execution 
 may be issued, upon ten days' notice of the application therefor, in mK * " 
 the name of the commonwealth, for the benefit of the holder of any 
 such outstanding unredeemed notes, for the amount thereof and 
 costs." 
 
 .'(. The bank shall not issue and pay out any notes fur circulation, v 
 
 exo< pi of the denomination of Bve dollars, or some multiple ol ten. 
 
 4. Every quarterly statement of this bank shall, in addition toQnartsriy 
 the information which the (ode of Virginia requires to be m 
 ab" exhibit tie ;.■ debt due by the bank: the outstanding 
 
 debts due t<> the bank: it- discount <d inland and foreign bills of 
 axehangi : its loans ho d i ie, < irculation and depot 
 
 on the first day ol < aeh month of the quarter it < -iuhra. 
 
 .">. The board Of din I t'>rs of this bank shall CM 
 of whoa shall 1 ' 
 

 BANKS. 
 
 . ::..■. •'.. I: • a : shall < oinnn m . and In in force from aud after tin 
 
 time when iis provisions have been approved by the stockholders i» 
 said bank, convened in genera] meeting, at any time before the first 
 daj and inch approval ihall have been made and 
 
 tified by the president and oaabier of nid bank to the governor 
 of the commonwealth. 
 
 
 • t shall at all timet be subject t<> modification or r op ea l i 
 at the pleasure of the general aatembly. 
 
 Chap 73.— An ACT to amend the Charter of the Bank of tl nion. 
 
 of art . ■ 
 
 l. Be ; ' by the general assembly, tliat the sixth, seventh. 
 
 eighth, ninth and tenth sections <>f the act passed on the twenty-ninth 
 day of March eighteen hundred and fifty-one, entitled an act to in- 
 eorporate the Bank of the <»hi Dominion, the Bank of Commerce at 
 Prederioksbnrg and the Mechanics and Traders Bank of the city of 
 Norfolk, and the second section of the act passed the twelfth day of 
 
 May eighteen hundred and lilly-tw... entitled an act to anuiid an act 
 passed March twenty-ninth, eighteen hundred and fifty-one, entitled 
 
 an ad t<> incorporate the Bank of the old Dominion, the Bank of 
 Commerce at Prederioksbnrg and the Mechanics and Traders Bank 
 of the City of Norfolk, be and the same are hereby repealed. 
 
 debt, i 
 
 
 • red 
 
 II. mi 
 
 execu- 
 
 I 
 
 ■ .'in, how 
 
 •.'. The treasurer of this state may retranafer i<> the said hank the 
 oates of the debt of the state and the bonds of internal improve* 
 nieiit companies guaranteed by the state, novi held by him in trust 
 for and for the purposes of said hank, or any pari thereof, upon re- 
 ceiving and canceling an equal amount of the notes of said bank, 
 countersigned by him : and if the notes of the said hank so counter- 
 signed by him, have been so far returned and canceled as that the 
 amount outstanding shall not exceed the sum of five thousand dol- 
 lars, the said treasurer may ivtransfer the residue of said certificate! 
 or guaranteed bonds to said hank, upon receiving from at has! live 
 of the stockholders thereof, with at hast live -odd ;md sufficient se- 
 curities, to he approved by him. a joint ami si vera] bond, payable to 
 the oommonwealth of Virginia, in a penalty equal to at least three 
 
 times the amount of such Outstanding notes, and conditioned to pay 
 tin- same <>n demand, at the place of business of said hank, or of 
 either of the obligors therein : which DOttd shall he recorded in the 
 
 manner prescribed in the fourth section of chapter one hundred ami 
 eighty-si] of the t lode of Virginia) ami shall have the force of a judg- 
 ment : and tor ever] breach of the conditions thereof, execution may 
 he issued, upon i.n days' notice of the application therefor, in the 
 
BANKS. 1 39 
 
 name of the commonwealth, for the benefit of the holder of any suck 
 outstanding, unredeemed notes, for die amount thereof and costs. 
 
 3. The hank shall not issue or payout any note for circulation, Notes of circu- 
 
 lation 
 except of tin- denomination of five dollars, ten dollars, or some mul- 
 tiple of ten. 
 
 4. Every quarterly statement of this hank shall, in addition to the Quarterly state 
 information which the Code of Virginia required to be made also ex- 
 hibit the aggregate debt due by the hank; the outstanding debts due 
 
 to the hank; its discounts of inland and foreign hills of exchange; its 
 loans to directors; its specie, circulation and deposits, on the first day 
 of each month of the quarter it embraces. 
 
 5. The board of directors of tliis hank shall consist of nine, all of Directors 
 whom sliall be elected by the stockholders. 
 
 8, This act shall commence and he in force from and after the Commencement 
 
 time when its provisions have been approved by the stockholders in 
 
 said hank, convened in general meeting, at any time before the first 
 day of January next, and such approval shall have been made, and 
 certified by the president and cashier of said hank to the governor of 
 
 this commonwealth. 
 
 Chap. 74. — An ACT to amend the Charter of the Bank of Commerce at 
 
 Fredericksburg. 
 
 r -l February 27, 1861. 
 
 1. Be it enacted by the general assembly, that the sixth, seventh, Certain • 
 eighth, ninth and tenth sections of the act passed on the twenty- repealed 
 ninth day <>f March eighteen hundred and fifty-one. entitled an aet 
 
 to incorporate the Hank of the old Dominion, the Bank of Com- 
 merce at Fredericksburg and the Mechanics and Traders Bank of 
 
 the City of Norfolk, and the second and third sections of the act 
 d the twelfth day of May eighteen hundred and fifty-two, enti- 
 tled an aet to amend the :,et passed the twenty-ninth day of March 
 eighteen hundred and fifty-one. entitled an act to incorporate the 
 Bank <>f the Old Dominion, the Bank of Commerce at Fredericks 
 and the Mechanics and Traders Bank of the Citj of Norfolk, 
 me relate to the Bank of Commerce at Frederii 
 
 loir::, be and the sane- are hereby r< ]" sled. 
 
 2. That the fo u rteenth section of the first named act, so far at it 
 relab i to the , b< sad the same 
 
 id< d and re-enacted so as to read ai foil 
 
140 
 
 BANKS. 
 
 . 
 
 ■ : II. 'I'll.- charter cf th. -aid bank shall continue, and 1"- in 
 11 nt i 1 the first day of April «-ii^lit*-»-ii hundred and seventy-one." 
 
 
 3. The treasurer <>f tin- state may retransfi r t<> the Bald bank the 
 oettinoatai of the debt of the state aad the bends of internal im- 
 provement oompanies guaranteed by tin- >t :i 1 1-. now held by him in 
 trust f..r the purp ■! l *:m 1< . or any part thereof, opon re- 
 
 ceiving and canceling an equal amount of the ootei of said bank 
 countersigned by him; and if the notef of said banh m oounter- 
 ■ .1 by him, haye been m far returned and oaneeled a* that the 
 amount outstanding shall n..t exceed the sum of five thousand * 1 « • 1 — 
 lars, the said treasurer may retransfer th<- residue of said <•< rtiti- 
 <>r guaranteed bonds to Kii.1 bank, upon reoeiying from at least 
 livi- of the stockholders thereof, with at Last five good and sufficient 
 irities, t<> be approved by him, a joint and several bond, payable 
 to the commonwealth of Virginia, in a penalty equal to at least three 
 times the amount of such outstanding notes, and conditioned to pay 
 the Ham.- .in demand, at the place of business of said bank, or of 
 either of the obligors therein: which bond shall 1"- recorded in the 
 manner prescribed in the fourth section of chapter one hundred and 
 ■ liiy-.-ix of the Code of Virginia, and shall have the force of ■ 
 judgment; and for every breach <d' the conditions thereof, exeoutiou 
 may In- issued, upon tt-n days' notice of the application therefor, in 
 the name of the commonwealth, for the benefit <d" the holder of every 
 such outstanding unredeemed note, for tin- amount thereof and the 
 
 
 Denomii 
 
 I. The hank shall nut issue and payoul anynotes for circulation, 
 <\c. i > t ..I' tin- denomination id' five dollars, or some multiple of ten. 
 
 5. Every quarterly statement of this bank shall, in addition to the 
 information which th.- Code of Virginia requires t « » In- made, also 
 exhibit the aggregate debt dm- by tin- bank, tin- outstanding debts 
 dm- to the bank, its discounts of inland and foreign bills of exchange; 
 its loans tn directors; its Bpeoie, circulation and deposits, on tin- first 
 day ..I' each month of tin- quarter it rmhrnccs. 
 
 Nllllll.ir •■( 
 
 ■lir. cton 
 
 • i. The hoard of directors of this hank shall consist of Beven, all 
 of whom shall be elected by the stockholders. 
 
 7. This act shall commence and In- in force from and after the 
 time when its provisions have been approved by the stockholders in 
 
 said hank, convened in general meeting, and such approval shall 
 
 have been made and certified by the president and cashier of said 
 
 hank to the L,'o\ernor of the commonwealth. 
 
BANKS. 141 
 
 Chap. ?.">.— Au ACT to amend the Charter of the Bank of Pbilippi. 
 Passed January 31, 1861. 
 
 1. Be it enacted by the general assembly, that the fifth, sixth, certain sections 
 seventh, eighth, ninth, tenth, eleventh and thirteenth sections of the repealed 
 
 acl passed on the fourth day of March eighteen hundred and fifty- 
 six, entitled an net establishing an independent hank in the town of 
 Philippi in the comity of Barbour, be and the same are hereby 
 repealed. 
 
 2. The treasurer of the slate may ntransfer to the said hank the Howcen 
 Certificates Of the debt of the state and the bonds Of internal ini- retransf 
 
 provemenl companies guaranteed by the state, now held by him in 
 trust for the purposes of said bank, or any pari thereof, upon re- 
 ceiving and canceling an equal amount of the notes of said hank. 
 countersigned by him; and if the notes of the said hank so counter- 
 signed by him, have been so far returned and canceled as that the 
 amount outstanding shall not exceed the sum of five thousand dol- 
 lars, the said treasurer may retransfer the residue of said certificates H<m n 
 or guaranteed bonds to said hank, upon receiving from at hast five Bond? when 
 0.f the stockholders thereof, with at least five good and sufficient seen- execnte ™ 
 rities. to he approved by him, a joint and several bond, payable to 
 the commonwealth of Virginia, in a penalty equal to at least three 
 times the amount of such outstanding notes, and conditioned to pay 
 the same, on demand, at the place of business of said hank, or of 
 either of the ohligors therein ; which bond shall be recorded in the 
 manner prescribed in the fourth section of chapter one hundred and 
 eighty-six of the Code of Virginia, and shall have the force of a Force of a Jud| 
 judgment: and for every breach of the conditions thereof, execution when execution 
 may lie issued, upon ten days' notice of the application therefor, in ma y 1S8 " e 
 the name of the commonwealth, for the benefit of the holder of any 
 Such outstanding Unredeemed notes, for the amount thereof and tin' 
 
 .'?. The bank shall not issue and pay nut any notes for circulation. Dew 
 cept of til 
 tijile of ten. 
 
 except of the denomination of live dollars, ten dollars, or some mul- ° 
 
 1. Every quarterly statemen' of this bank shall, in addition to Quarterly 
 the information which the Code of Virginia requires to he maih. 
 
 exbibil the aggregate debl due by the hank: the outstanding 
 
 debt! due to the bank : its discount of inland and foreign hills of e\- 
 
 ohange; ii- loans to di r ectors; it- specie, circulation and deposits, 
 on the first d-iy <'f each month of the quarter it embmi 
 
 5. The hoard of dm etoi> nf tln^ hank shall en: \ . n. all Number of 
 
 of whom shall In .beted by tin- stockhoi 
 

 BANKS. 
 
 • '.. Tl ii Ml shall commence and be in force from and after the 
 time when it- provisions have been approved by the stockholders in 
 said bank, convened in general meeting, at any time before the first 
 <lay «>f September next, and inch approval shall baft been made 
 and QfTtJMed by the president and oaahiei of >-:ii«l bank to »h. 
 vernor of the commonwealth. 
 
 
 Chap. 78. — an aCT n> amend the Charter of the Iferchanti 
 
 \ -'.nia. 
 P«*»e.l lM.niiiry In. U 
 
 I. Be it enacted by the general assembly, that the sixth, seventh, 
 eighth and ninth sections of the ad passed the twenty-sixth day of 
 Manli eighteen hundred and fifty-one, entitled an act to incorporate 
 the Merchant* Bank of Virginia, and the fourth section of the act 
 paaaed the tenth day of February eighteen hundred and fifty-two, 
 entitled an act t<> reduce the capital Btock Of the Merchants Bank of 
 Virginia, be and the same are hereby repealed. 
 
 
 • , how 
 
 •,<>n, bow 
 iuued 
 
 2. The treasurer of the state may retransfer t<> the said hank the 
 certificates of the debt of the state and the bonds of companies 
 guaranteed by the state, now held by him in tru>t for the purpose of 
 said hank, or any pari thereof, apon receiving and canceling an equal 
 
 amount of the notes of said hank countersigned by him: and when 
 the ai luntersigned by him, outstanding, shall nol exceed the 
 
 sum of ten thousand dollars, the said treasurer may retransfer to said 
 hank the residue of said certificates and homls. upon receiving, from 
 
 at least five of the stockholders thereof. \\ i 1 1 1 at least five good and 
 
 sufficient securities, to be approved by him, a join! and Beveral bond, 
 payable to the commonwealth of Virginia, in a penally equal to at 
 
 leasl three times the amount of such outstanding note.-, and condi- 
 tioned to pay the same, on demand, at the place of husiness of said 
 hank', or of any one of the obligors therein: which bond shall be re- 
 corded in the manner prescribed in the fourth section of the one 
 
 hundred and eighty-sixth chapter of the Code of Virginia, and shall 
 
 have tiie force of a judgmenl : and for every breach of the condition 
 thereof, execution may he issued, apon teli days' notice of the ap- 
 plication therefor, in the mime of the oommonwealth, for the benefit 
 
 of tlie holder of such notes, for the amount thereof and costs. 
 
 uf note* 
 
 '■',. Said hank shall not hereafter issue any notes of circulation, ex- 
 cept of the denomination of five dollars, or of some multiple thereof. 
 
 Commencement J. Thi- act shall be in force from the time its provisions shall be 
 aooepted by the stockholders of said hank, and the governor of the 
 oommonwealth notified thereof. 
 
BANKS. 148 
 
 Chap. 77. — An ACT to amend the Charter of the Southwestern Bank of 
 
 Virginia, 
 
 Passed April 2, L861. 
 
 1. Bo it enacted by the general assembly, that the second, third, Certain scctious 
 fifth, sixth, seventh, eighth, ninth and tenth sections of the art passed ',,,■',! 
 
 on the eleventh day of May eighteen hundred and fifty-two, entitled 
 an act to incorporate the Bank of Wytheville, be and the came arc 
 hereby repealed. 
 
 2. That tin' eleventh section of the said act be and the same is 
 hereby amended and re-enacted so as to read as follows: 
 
 "§ 11. The charter of the said hank shall continue and be in Duration of 
 force until the first day of July eighteen hundred and seventy-eight." charter 
 
 3. The treasurer of the state may retransfer to the said bank the Bow certificate!" 
 certificates of the public debt now held by him in trust for the pur- !_' t f ,,^ k a '£,, 
 poseg of the said bank, or any part thereof, upon receiving and can- r etran«ferwd 
 oeling an equal amount of the notes of said hank countersigned ly 
 
 him; and when the notes of the said hank, so countersigned by him, 
 have been so far returned and canceled, as that the amount outstand- 
 ing shall not exceed the Bum of ten thousand dollars, the said trea- Residue, hum 
 surer may retransfer the residue of paid certificates to said bank, r,,r '" 
 upon receiving from at least five of the stockholders thereof, with at Bond to be 
 least five good and sufficient securities, to be approved by him, a execn 
 joint and several bond, payable to the commonwealth of Virginia, in a 
 penalty equal to at least three times the amount of such outstanding 
 and conditioned to pay the same, on demand, at the place of 
 business of said bank, or cither of the obligors therein ; which bond 
 shall be recorded in the manner prescribed in the fourth section of 
 
 chapter one hundred and sixty-six of the Code of Virginia, and shall Force of a 
 have the force of a judgment : and for every breach of the conditions Howexeeatton 
 thereof, execution may be issued, npon ten days' notice of the appli- may ,88ne 
 cation therefor, in the name of the commonwealth, for the benefit of 
 
 the holder of such unredeemed notes, for the amount tin reof and 
 costs. 
 
 5. Thil :<t -hall Commence and be in force from and after the commencement 
 
 time when it- provisions have been approved by the stockholdt i 
 
 bank, convened in general meeting, and such approval shall 
 have been certified by the president and oashier of said hank to the 
 governor of the commonwealth. 
 
Ml BAHK8. 
 
 (n\< 78.— All ACT to I I H wardsvillc. 
 
 Paurd Fcbrwv 11. U 
 
 I. Be it enacted by the gi i mbly, that the seventh, eighth, 
 
 tenth, twelfth, fourteenth, fifteenth, sixteenth, Dth, nineteenth, 
 
 twentieth, twenty-first, twenty-second and twenty-third lof the 
 
 tin- eighteenth day "f March eighteen hundred and 
 fifty-six, entitled an act to incorporate the Bank of Howardsville in 
 tin oounty «'f Albemarle, he and the same an- hereb] r. pt 
 
 •j. The treasurer of the state may retransfer t<> the said bank the 
 the debt "f the state and the bonds of internal impi 
 lin-nt oompanies guaranteed by the state, now held by him in trust 
 for the purposes of said bank, or any part (hereof, upon receiving 
 and canceling an equal amounl of the notes of said bank counter- 
 signed by li;in : and it' tin- notes <>f the said bank, so countersigned 
 by him, have he. n so far returned and oano led, so that the amount 
 • outstanding shall not exceed the sum of five thousand dollars, tin* 
 said treasurer may retransfer the residue of -aid certifict ' 
 Boadi guaranteed bonds to said bank, npon receiving from at least five of 
 
 the stockholders thereof, with at least five good and sufficient securi- 
 to be approved by him, a joint and several bond, payable t<> 
 the commonwealth of Virginia, in a penalty equal to at least time 
 times tin- amount <>f such outstanding notes, ami conditioned to pay 
 
 thr .-am.- lemand, at tin- place of business of said bank, or <>f 
 
 either of the obligors therein; which bond shall be recorded in the 
 manner prescribed in the fourth section of chapter one hundred ami 
 eighty-sii of the Code of Virginia, and shall have the force of a 
 , judgment : ami for every breach of the conditions thereof, execution 
 maj be issued, upon ten days - notice of the application therefor, in 
 
 the name of the commonwealth, for the benefit of the holder of :ni\ 
 such outstanding unredeemed notes, for the amount thereof, and the 
 
 < osts. 
 
 D •''.. The bank shall not Issue and ]iay out any note- for circulation, 
 
 pt of thi' denomination of five dollars, or some multiple of ten. 
 
 i ,,f I. I'll.' hoard of directors of this hank shall consist of seven, all 
 
 of whom shall he elected by the stockholdi 
 
 ",. This act shall commence and he in force from and after the 
 
 time when its provisions have been approved bj the stockholders in 
 
 i hank, convened in general meeting, at any time before the first 
 
 day of September next, and snob approval shall have been made and 
 
 c. rtitieil by the president and cashier of said hank to the governor <d' 
 
 the commonwealth. 
 
BANKS. 141 
 
 Chap. 79. — An ACT to amend the Charter of the Bank of Richmond. 
 Passed Moral 85, L861. 
 
 1. Be it enacted by the general assembly, thai the fifth section of An of i860 
 ;ui art passed April second, eighteen hundred and sixty, entitled an 
 act to incorporate the Bank of Richmond, be amended and re-enacted 
 
 SO as to read as follow.- : 
 
 " §5. Whenever the said bank shall legally transfer to and de-sts 
 posit with the treasurer of this state, in trust for the purposes of said 1' 
 bank, certificates of the public debt of the state, or the bonds of any 
 company or companies guaranteed by (he state, bearing six per oen- 
 tnni interest, to the amount of twenty thousand dollars, the paid bank 
 shall be authorized to deliver notes of any denomination it may elect, 
 not under five or ten. or any multiple of five or ten dollars, to the 
 rer. in the usual form of hank notes intended for circulation, 
 to the full amount of tli" stock so deposited; upon the face of which 
 
 shall be printed or expressed the words "secured hy the pledge of 
 state securities." And such bank nods shall be countersigned by the 
 said state treasurer, and numbered and regisfa red in proper hooks to 
 be provided and kept for that purpose in the office of the said trea- 
 surer; ami such notes so countersigned, shall be redelivered to the 
 proper officer of the said bank ; and the said bank so receiving the \..-.=. ho* 
 same may thereupon issue its notes aforesaid to the full amount „f ,B8Ued 
 the stock so deposited, and none others whatsoever. And from time 
 to time, upon further deposits of such certificates of the debt of the 
 state of said bank, in sums of nol less than five thousand dollars, the 
 said bank Shall thereupon in like manner issue note . countersigned 
 as aforesaid, to the full amount so deposited: but suei jhall 
 
 not in the aggregate exceed the capital herein provided. And thei 
 said treasurer shall, upon the application of the said bank, 
 
 and cane 1 any of it < notes, Countersigned as aforesaid, that have lte- 
 
 oome mutilated or defaced, and in lien thereof shall countersign and 
 
 redeliver other hank notes of like denomination, or of equal amount ; 
 and raok nob shall be numbered and registered by the treasun r 
 "renewed notes:" provided, however, before the treasurer shaO 
 countersign any note of the said hank, the governor shall certify to 
 him the fact that the minimum capital of one hundred thousand dol- 
 n actually subs< id paid in as provided for in this 
 
 act: ami the further fact, that bank holds in if- own right, 
 
 in current :ifth of the amount of tie lay time | 
 
 ■ 1 under the pro u." 
 
 2. 1 ball I- bj 
 
 in 
 
i4<; 
 
 BANKS. 
 
 ('(...•■.. r 
 
 Chap. - —An \< I I as of Chad 
 
 i. Be it enacted by the general aasembly of Virginia, that km 
 charter of the Bank of Charleston ba and is herebj extended bom 
 the twenty-seventh day of Februarj eighteen hundred and sixty- 
 three, for twentg years; and the said bank is hereby invested with 
 all the rights, powers and privileges conferred, and made subject to 
 all the roles, regnlaaona and restriotionfl imposed by the fifty-sixth, 
 fifty-seventh and fifty-eighth chapters of the Code of Virginia, and 
 the act entitled an ad In amend the tenth section of ohapter lifty- 
 d df the Code of Virgtni \pril ninth, eighteen hondred 
 
 and fifty-three, so far as the same are applicable to and not incen- 
 with thU act. 
 
 Loaai md 
 
 •j. The loans and discounts of the .-aid bank shall be an regulated 
 that they shall aol exceed twice the capital of said hank. 
 
 Certifli 
 
 ::. The hank shall give no certificate <>f deposit, draft or outer 
 
 • \',.l. oce <>f debt, which i- not payable in specie. 
 
 ^nation 
 
 I. The hank shall not i>sue or pay out any in. tc for circulation, 
 
 except of the denomination of live dollars, ten dollars, or of some 
 multiple of ten. 
 
 Quarterly 
 
 5. Every quarterly statement of tin- hank shall, in addition t.> the 
 information which the Code of Virginia requires, also exhibit the 
 aggregate debt due by the hank: the outstanding debt due to the 
 hank: its discounts of inland and foreign bills of exchange; its loans 
 
 to directors: its specie, circulation and deposits, 00 the li'.t day of 
 each month of the quarter it emhr; ■ 
 
 I> r. i-lori", 
 
 imiv ehoian 
 
 <i. All the directors of said hank shall be elected by tie Stock- 
 holders thereof; but the governor may. at any time appoint OOKUBJS- 
 
 Bioners, with power to examine the papers and officers of said hank, 
 and to enquire whether the laws applicable to the said hank have 
 been Btrictly observed. 
 
 Commcunmini 7. This act shall comim nee ami he in force from and af: 
 
 time when its provisions shall have been approved hy the stockholders' 
 in general meeting, at any time before the said twenty-seventh day 
 of February eighteen hundred ami sixty-three, and such approval 
 shall have been made and certified by the president and cashier of 
 
 the hank, under its corporate seal, to the governor of tins common- 
 wealth. 
 
BANKS. H r 
 
 Chap. 81.— An ACT to amend the Charter of the Danville Bank, and to au- 
 thorize Branches for the same. 
 
 led February 20, 18G1. 
 
 1. Be it. enacted by the general assembly, that the fifth andse- kotoi 
 venth sections of an aol passed on the thirteenth day of February 
 eighteen hundred and fifty-eight, for the purpose of amending an 
 act entitled an act to amend an act passed March eighteenth, 
 eighteen hundred and fifty-six, entitled an act to incorporate the 
 Bank of Danville, be SO amended as to read as follows: 
 
 " § 5. The total amount of paper circulation of said Bank of \ 
 Danville and its branches, shall at no time exceed five limes the 
 amount of coin in possession and actually the property of said bank. 
 If the coin he reduced to less than one-tifth of its paper circulation, 
 id bank shall (henceforth make no new loans or discounts until 
 its coin shall hear to its circulation the proportion of one to five." 
 
 " § 7. lie ii further enacted, that it shall be lawful for the presi- wi 
 
 dent and directors of said Danville Bank to establish branches of£ 
 said hank at Patrick courthouse in the county of Patrick, and an- 
 other branch of said hank at Princeton in the county of Mercer, or 
 one at Jeffersonville in the county of Tazewell, or at either of said 
 places, with a capital not exceeding one hundred and fifty thousand 
 dollars: to he provided by a sale of new stock to the requisite Capital t 
 amount, or by a transfer ,,f capital from the bank at Danville, orJ,° 
 by a combination of these modes, as the said president and directors 
 may elect: provided, that no sale of stock shall lie made at less than 
 par value. Each of said branches, when established, to be under 
 
 the direction of five directors, to be appointed by the stockholders 
 of said bank; to have the s:inie powers and be subject to the charter 
 provided by law in respect to said Bank id' Danville, and such other 
 
 as may now be and hereafter passed, as properly applicable to 
 said hank: provided, that the minimum capital of each of said Minis 
 branch banks shall not be less than one hundred thousand dollars. 
 
 hall be in force from its | Co::. 
 
 In A< T to repeal an act passed April 2d, 1858, entitled an act 
 iwealth te 
 
 l. Be it enacted by tie- general assembly, that the net oai i 
 April second, eighteen hundred and fit- atitled u act r ,.."f" alod 
 
 quiring the banks of the commonwealth to r< um< specie payments, 
 
 be and the same is li< r< bj 1 1 |" ah d. 
 
 "J. This act |haU he iii f. .r< • fr<>i < Con. ti 
 
S K& — PILOT LAWS. 
 
 Chap 83 —A- isurer of tl 9 
 
 tain Bonk Notes turn on it posil in I d such u may I 
 
 in fat 
 
 I. Be it enacted by the genera] assembly, that the treasurer of 
 the commonwealth be authorized and required t<> destroy the bank 
 
 notes v<<\\ .in deposit in his office, which have been returned I 
 office for cancellation <>r renewal by 1 1 1 « • several banks of the Mate; 
 ;iix1 iii future :ill such bank notes so returned t" said office, after the 
 same shall have been cane* led ot renewed, Bhall 1"- destroyed by the 
 said treasurer and the aj ent of such bank so returning their i 
 
 j. Tin- .,. : Bhall commence and be in force from its passage. 
 
 Chap. 84. — An ACT absolving the Btate :m<l Treasurer from all liability in 
 • Coupon Bonds deposited as security for Bank Circulation, 
 unless the said Coupons be converted into I I Stock, and probibit- 
 
 ■u]m hi Bonds from b ling reo ived In future as such security. 
 
 1 atardi 90, 1861. 
 
 I. Be it enacted by the general assembly, that unless tin- banks of 
 this state Bhall, on or before the first day ft' April next, avail them- 
 li:J ' ih, - v selves of the authority contained in the seventeenth section of chap- 
 
 ter sixty-seven of the ('ode (edition of eighteen hundred ami sixty), 
 in convert tin- coupon bonds deposited with the treasurer as security 
 fur the circulation of such bank, into tin 1 registered debl of the Btate, 
 ami iln 1>\ that day make tin- conversion, thai the treasurer a.- well 
 
 as tin- state shall he absolved from all liability mi aOCOUnt of the loSS 
 of such coupon bunds : provided, that this act shall nut he construed 
 
 t<> admit the liability of the gtat< upon such loss to anj person other 
 
 than the lawful holder of such lost bonds. 
 
 r ..i 2. None but registered bonds of the state .-hall hereafter bere- 
 
 i ived by the treasurer as security for the circulation of am bank 
 
 incorporated by this state. 
 .■'.. This act shall be in tore, from tin- first day of duly eighteen 
 
 hundred and sixty-one. 
 
 Chap 35.— An ACT to amend the act t" amend the Pilot Laws in regard to 
 the Potomac River. 
 
 J Kareli -j?, L86L 
 
 Suction l <.f ait I. H«- it enacted by the general assembly, that the first section of 
 "' MWMMBtod ;m act to amend the act to amend the pilot lawi in regard to the 
 
PILOT LAWS. H^ 
 
 Potomac river, passed March twentieth, eighteen hundred and sixty, 
 be repealed and re-enacted so as to read as follows : 
 
 "§ 1. That the county court of Alexandria county shall appoint Examining com- 
 
 ... ... , , e '. . misxioners to b< 
 
 five suitable persons to constitute a board ol commissioners to ex- appobi 
 amine persons applying for branches as pilots for the river Potomac. 
 The said board, when appointed, shall meet at Alexandria, and shall where to meet 
 continue in office for three years from the dates of their appoint- 
 ment respectively. Every person applying to said hoard to he Qualifications 
 licensed as a branch pilot, shall satisfy them of his citizenship and of 
 his good character; and the said hoard shall not appoint or license 
 any person, unless they are fully satisfied that he is qualified, by ser- 
 vice and experience, to act as a pilot for the Potomac river. Said Bond 
 board shall take bond with good and sufficient surety, from every 
 ;u roii they may license as such pilot, in the penalty of five hundred 
 dollars, for the faithful discharge of his duty; which they shall return When roturne.: 
 to the clerk of the count} courl of Alexandria county, to he by him 
 filed. They shall he allowed a fee of five dollars for each person they Fees 
 shall BO license. The said bonds shall he renewed every year, and 
 the board shall from time to time decide how many pilots are ne- 
 cessary." 
 
 2. Re it further enacted, that the third section of said act he re- gectii .> of act 
 
 , , , . i /• ii of If 
 
 pealed and re-enacted so as to read as follows: 
 
 "§ 3. The said pilots are authorized to receive and collect fromRateaof 
 Is hound to or from sea. pilotage at the following rates, to wit: pi ° 
 On licensed coasting veSBels of one hundred and fifty tons or less. 
 nine cents pel ton ; and more than one hundred and fifty tons mea- 
 surement, seven cents pet ton; and not more than two dollars per 
 foot up. and one dollar and seventy-five cents per font down the river, 
 on all other vessels for the entire distance between a point hearing 
 
 southwest from Point Lookout and Alexandria: and every V( 
 spoken by such a pilot between said point and Ragged point, or at 
 him, hall pay one dollar and twenty-five 
 cents: provided, that British American vessels owned in the British ft -.*oe« 
 provinces, ot vessels owned in the United state-, bound to the port 
 
 of Alexandria from any of said provinces, or from Alexandria to the 
 
 same, shall be subject only to the name charts for pilotage, and shall 
 be on tie tame footing in regard to pilotage, as. vessels belonging to 
 ■ the United Btates sailing under coasting license : and pro- 
 vided allO, that it shall he lawful tor all \< --> 1- I Dgaged in the coal 
 trade, to proceed from or to anyplace in tin- state, without any 
 oharge for pilotage : and should satisfactory e\ idenoe be afforded that 
 an] vesst 1 is hound to such place in ballast, f<>r tie- purpose <>f oarry- 
 
 ..il. -uch vessel shall he free from pilotage* both inward and 
 0Utwa(d hound: and provided further, that all claims acernin- under 
 tbifl act. -hall he recoverable, with OOStB, before any justice of the 
 
QUAHO UTD PI 
 
 hai ing jai 
 
 • ; ■ • :i. Thi- in t -hall }«■ in f..r. ••• from it- p i--.i_-. . 
 
 I 
 I' :. nbarf. 
 
 I. i etedbythi bly, that the third and fourth 
 
 • I March fifteenth, eighteen hundred and fifty. 
 
 entitled an act to provide for the inspection of guano and plaster "i 
 
 parii in the oity of Richmond and town of Petersburg, 1»- amended 
 
 and re-em § to read at foil* 
 
 •• S 3. Prom ami after the !■ it shall nol be law 
 
 ful to Bell <»r expose or offer for -ah- any guano vrithin the lin 
 the city <>f Richmond or city of l' ■ whether the same be in 
 
 barn nnlest the same ihall have been firsl 
 
 inspected ami marked by the inspectors appointed by virtue of tins 
 act, or some one of liis deputies legally appointed, under the penalty 
 of twenty dollars for each ami every violation of this acl : to lie re- 
 covered by action of debt, in the name <.f the oommonwealth of 
 Virginia, before any justice of the peace iii and for the oity of Rich- 
 mond or city of Petersburg: the one-half to the use of the informer; 
 
 the other half to the use- of the Literary fund: ami that all pn>- 
 
 Lings before said justioe shall be such as an now authorised bj 
 
 law in oast - of .-mall debts under his jurisdiction. 
 
 I. It hall he tin- duty of the inspeotori appointed by \irtuo 
 n| thi| ait. to inspect all guano which may hereafter he exposed, or 
 Offered for sale ., r -old within the limits of the city of Richmond and 
 
 cit\ ni Petersburg, whether the same beoontainedinbags, barrels, kegi 
 or casks, ami to put proper marks on the tame, denoting the place of 
 
 inspection ami the quality and weight Of guano contained in cadi 
 
 bag, barrel, !>• making proper allowance t". >r the weight oi 
 
 the bag, barrel, keg or cask in which said guano or plaster of pari* 
 may he contained, according to the best of his judgment." 
 
 •.'. I hi- act shall he in force from \l< pa--aL'c 
 
COUNTY LINES. 151 
 
 Chap. 87. — An ACT to amend the I si section of the ad pawed March 4, 
 L856, for marking the Boundary Fine between Fluvanna and Albemarle 
 Counties. 
 
 Passed February 27, 1861. 
 
 Be it enacted by the general assembly, that the first section <>f the a, i . r is.%*> 
 act passed March fourth, eighteen hundred and fifty-six. entitled an '"' 
 
 act <(• mark and define the boundary line between Fluvanna and 
 
 Albemarle, he amended and re-enacted so us t<> read as follows : 
 
 "§ 1. B. IF. Ma-ruder, dames W. Mason. 1>. W. Wyatl and Commissioners 
 William A. Rogers of the county of Alhemarle, and William G. 
 Clarke. B. .T. Haden, J. II. Burgess and John Johns of Fluvanna, 
 he and they are hereby appointed commissioners, any four of whom 
 may art. provided two so acting shall he citizens of each of said 
 Counties, whose duty it .-hall he to examine, ascertain, fully define Their duties 
 and mark the line between the said counties of Alhemarle and Flu- 
 vanna, on the portion of the line from the James river to the Three 
 chopped road; and for that purpose, they shall select their own 
 time: and being first duly sworn, shall proceed to discharge the said 
 duty, and report the result to each of the county courts of Alhemarle 
 and Fluvanna." 
 
PRIVATE OR LOCAL ACTS. 
 
 Chap. 88.— An ACT to amend the Charter of the City of Richmond. 
 Passed March 18, 1861. 
 
 1. Be it enacted by Hie general assembly, that the territory eon- city of Rich- 
 tained within the limits prescribed by the act now in force, and byj^^ 
 any act hereafter passed by the general assembly, shall be deemed 
 
 and taken as the oily of Richmond: and the housekeepers and in- 
 habitant! within the said limits, and their successors, shall continue 
 to be a corporation, with perpetual succession, by the name and 
 style of The City of Richmond; and as such, and by that name, 
 may contract and be contracted with, sue and be sued, plead and be 
 impleaded, answer and be answered unto; and may purchase, take, 
 receive, hold and use goods and chattels, lands and tenements, and 
 ohosee in action, or any interest, right or estate therein, either for 
 the proper use of the said city, or in trust for the benefit of any per- 
 sons or association therein; and the same may grant, sell, convey, 
 transfer and assign, let, pledge, mortgage, charge and encumber in 
 any case, and in any manner in which it would be lawful for a pri- 
 vate individual so to do; and may have and use a common seal, and 
 Biter and renew the same at pleasure; and generally shall have all 
 the rights, franchises, capacities and power- appertaining to muni- 
 cipal corporations in this commonwealth. 
 
 2. The corporation of the city of Richmond shall have all the Blgfati and 
 -. rights, titles and privileges, all the funds, revenues and J.',','^,', ,"{•„„ 
 
 claims, and all the powers, capacities, franchises and immunities 
 which v.i re vested in, or conferred upon, or belonged, or app< rtaim d 
 to the city of Richmond, or to the mayor, aldermen and commonalty 
 
 of the city of Richmond, by or under any act 01 act- of the -• m ral 
 
 bly heretofore passed, and Dot in conflict with this 
 
 3. i id corporation there ihaU be a mayor. There shall Mayor ad 
 
 be i bo rd called "the council of the city of Richmond;" which 
 
 shall be com] id of fifteen members; of whom, until the council 
 
 ■hall othei cribe, five shall be for each ward ; and there shall 
 
 li. a court, which shall be sailed '• the oourt of hustings for the dty 
 of Richmond;" and the mosuboi 1 • "nrt shall oonsist of a oowt of knit- 
 
 judge, the mayor, and fifteen oth< r ]•> rSOSM : of Which fifteen per . ^ 
 
 until the council shall oti . . tie re -hall in like manner 
 
 be !r. • h Ward. 
 
]•"»! rownfc 
 
 l. All tin tides and prn 1 all the funds. 
 
 :iml claims <>f the city shall be under the care, mai 
 !rnl and disposition of the oonncil : and all the oorpt 
 
 I immunities of the < -it y shall he 
 I. or under it- authority, uuh - il l" otber- 
 «riat provided. 
 
 5, Then shall bean election annually in each ward of the said 
 
 . on the lir-t Wednesday in April; or in oaae of failure to hold 
 
 the i ■ thai day, then do inch day afterward! ai the ooanoti 
 
 may direot : which election in ■ ward iball be For it- memben of the 
 
 oonncil and memben of the oomi of hustings, other than the judge 
 
 nd for persons to fill the following offii 
 wit: Mayor, sergeant, high constable, superintendent of t* • 
 work-. mi|h rinti mliiit of streets, superintendent of water works, 
 
 [lector of the city taxes, captain of the night watch, ssjf> 
 r of the poorhoose, ganger, and measurer of grain. And there 
 lhall also be elected, bj the qnalil '1 city, at -uch 
 
 time and place as the oonncil of the city shall prescribe, a Jod 
 
 the ci.iirt of hustings for -aid city, who shall hold hi- offioe for the 
 
 term of eight years, and shall receive such compensation as maj be 
 
 r allowed by the oonncil: provided, thai his election shall nol take 
 
 place within thirty days of any municipal or state election in -aid 
 
 city, other than a State election for a judge, and thai his QOmponii 
 
 tion shall nol be diminished during his term of offioe. The manner 
 of conducting his election, of making return thereof, of his qualifi- 
 cation, of ordering uen elections to till vacancies in his oilier, and of 
 deciding disputed elections, shall be proscribed by ordinance of the 
 
 council. 
 
 TaraofoflM <>• The term of oilier of members of the council and of the court 
 of hustings (other than the judge thereof), and of all the other offioen 
 mentioned i" the nexl preceding section, ezoepl th< ■ shall 
 
 commence on the Saturday after the election, and the term of oilier 
 of the assessor shall commence on the firs! daj of duly thereafter. 
 
 7. < in the firs! Wednesday in April nexl before the expiration of 
 the presenl term of offioe of the offioen herein after mentioned in 
 
 thi> section, or in oaae Of B failure to hold the election on thai day. 
 
 thru on such day afterwards as she council maj direct, there shall be 
 ■.. held an election for the follow ing offioe n , to w it : A clerk of the hus- 
 tings eouri of said city, an attorney for the commonwealth in saad 
 
 court, and a surveyor for said city: and on the same da\ on every 
 
 sixth year thereafter, then- shall he elected a clerk of said oonrl and 
 irveyor ; and in every fourth year thereafter, then shall be elected 
 
 an attorney for the commonwealth for said court : and e\n\ vacancy 
 
 aecurring in either of the offices enumerated in tin- section, shall he 
 
 filled by an election for so much of said term as remains unexpired, 
 
TOWNS. 165 
 
 to be held at nidi time as shall be directed by the council, and in the 
 
 manner prescribed in tins act: and in case the vacancy lie in the How clerk, pro 
 /v i-iii-i r -t • -i * • • appointed 
 
 ofnee ol clerk, the judge oi the said hustings court may appoint a 
 
 cleric pro tempore, who shall discharge the duties until a clerk shall 
 
 be elected and qualified. 
 
 8. At such election in a ward, any white male citi7.cn of the com- Wbo ma: 
 momvenltli of the age of twenty-one years, who resides in soch ward, 
 and is qualified to vote in the city for members of the general as- 
 sembly, sliall have a right to vote, and be eligible as members of the 
 council or of the court of hustings. 
 
 !t. For SUCb election the city shall continue divided (as at present) City dlYided 
 
 into three wards, until the council shall lay it off into wards differ- 
 ently, or alter the wards. The said election shall be held at such 
 place in each ward as shall have been prescribed by the council ; the 
 pn sidenl or clerk of the council publishing, previous to the election, 
 notice of the time and place therefor, in two papers of the city for 
 two \\i eks, or for such other time as the council may direct. 
 
 in. For superintending said election, the council shall, previa 
 . • , /> • i -t • • of election, how 
 
 thereto, appoint live persons m each ward as commissioners, any two appointed 
 
 or more of whom may act. to superintend the election in each ward. 
 
 They shall admit all persons entitled to vote to do so. and reject the 
 
 VOteS of all not entitled, and in all respects have the poll fairly taken. 
 
 ■liner to the charter and the ordinances of the < ity. They may 
 
 ■wear any person to answer questions in relation to any ricrht to vote 
 
 which i- claimed: and the name of any person offering to vote, but 
 
 rejected by them, if required by the voter or any candidate, shall be 
 
 enter, d in a separate lisl on the poll, with the names of the persons 
 
 for whom he wished to VOt 
 
 1 1 . Every SUCh commissioner shall, before he enters upon the <lis- n.ith r>f com 
 charg duties, take an oath faithfull; '•■ the office of 
 
 Commissioner; Which oath may be administered by the mayor, or 
 any justice of the city, or by the person appointed to conduct the 
 an : and a certificate of said oath shall be returned to the clerk 
 of the (onto il. ami be pn -, t \ .d in his office. 
 
 ! •_' The poll shall not be open* d at any election sooner than sun- WbeSpotM 
 lad shall be closed at sunset. But if the electors who appeal 
 fit the pla. not all be polled b< f( ■ '. or if it shall ,„. ^"pf^,,' ™* 
 
 app< nr t.i th< oomm any of those entitled to • 
 
 I freui attending by rain, tiny shall keep the poll- 
 open for two days, including • 
 
 13. An officer to conduct the flection in each ward shall be np- < 
 point, d bj '' ■ council: or if the council fail to do m. or tie nfl 
 
156 
 
 [-0WN8. 
 
 
 Appointed by it fail to attend, bj we eornmiaaioners. And before Ik* 
 
 iim-iu-.— taking tin- poll. In- shall tako ;iii uatli or affirmation i<» 
 
 following effect : •■ I r, thai in oondnothig the 
 
 • to be held. I will not attempt to influence the vote af 
 
 person, it be guilty of an) partiality for any candidate or pi r- 
 
 100 VOted fur. and a- far a- depend* 00 inc. I will make a true return 
 
 of the reaolt of th< rding to law. Be help me God." 
 
 I'n.li r tl and control of tin- oovnmiaeiouera, it 
 
 shall be the ilnty of aaid officer, after taking the oath <t affirma- 
 tion herein preecribed (a certificate whereof «-li:»ll be retnrned to 
 the clerk of the oonnoU), to oanae the polls t" be opened publicly 
 fur the election in the ward for which be ia appointed; to pro- 
 claiin ai irded the vote* admitted by the oommiasio 
 
 order and remove force. The aaid officer ahaO em- 
 ploy mob writera, and at inch rate of oompenaation aa the oonnofl 
 maj direct; <>r in the abaence of anch direction, rach writera, and 
 K h rate aa he shall think fit; and they rliall respectively take 
 an oath, t.i be administered by said officer, t" record the votea 
 roiibook- :..!.. faithfully and impartially. Be shall deliver t<> each writer a poll 
 
 1 k fnr thoae offi< . ra a- to whioh Mich writer ia to record the 
 
 fob i. The writera shall enter the name of each voter in a column 
 to be headed with the words --v.. • - "i voters ;" and opposite the 
 name of the rotor, a mark or numeral, under the name of each per- 
 aon fnr whom he votes for any of said officee. The said votea shall 
 be given aa prescribed by the fourth section of the third article of 
 the constitution; but at the time a rote ia given, the officer shall re- 
 ceive of each rotor a paper Or tiokel (with hia name written on it), 
 whioh shall specify the names of the persona fox whom he votea, and 
 for what office. 
 
 Toll, bow 
 
 I I. Alter the names of all the persons otferin^ to vote before the 
 time lor dosing the election shall have been thus entered, the offioer 
 shall Conclude the poll. Immediately mi the conclusion thereof, the 
 
 emu .mm -i the jioll shall he certified by the oommiasionen super- 
 intending the el« otion, and by the offioer OOnduoting the same. 
 
 Doabta rotto* 15. If a person VOto more than ome in the same election, all his 
 
 Mite- except one thai] he stricken from the poll. This shall be done 
 in an election for members of the council, or of the court of boa- 
 tings, by tin- offioer conducting the election for the ward in which 
 
 such election is held, and m the election of other officers, by the offi- 
 lucting the elections in tin- Several Wards. It -hall he done 
 
 upmi an examination of the polls, to In' had as s i aa practicable 
 
 r tbej are oloaed; ami the offioer or offioera -hall at the same 
 
 time attach to the poll a list of the vol.- -t ii«k«n therefrom, and the 
 reaaona therefor. 
 
 HI. The Officer OOnduoting the election in a ward shall then aSCOT- 
 
towns; l 57 
 
 tain, declare and certify what persons are elected in said ward as election, bow 
 
 members of the council ; or if an equal number of votes be given 
 
 for persons of whom one or more, but not all could lawfully be 
 
 elected, he shall certify the name of each of said persons, and the 
 
 number of votes given for him. lie shall also ascertain and certify 
 
 the name of each person voted for in such ward as member of the 
 
 court of hustings, and the number of votes given for him. And the 
 
 officers conducting the elections in the several wards shall, in respect 
 
 to each of the other otiiees for which an election is held, ascertain 
 
 and certify tile name of each person voted tor for such office, and the 
 
 number of votes given for him. 
 
 17. The 1 certificates of said officers, with the polls and tickets, To whom certi 
 shall be delivered by them to the clerk of the council: whereupon, uoadel 
 persons appearing from said certificates to be elected in a ward as 
 members of the council for such ward, shall be entitled, after taking 
 
 the proper oath, to sit in the council until the council shall otherwise 
 decide. The council shall ascertain, and upon their journal enter 
 what persons are elected from each ward as members of the court of 
 hustings, and what person is elected to each of the offices for the city 
 that are mentioned in the fifth and Beventh sections. 
 
 18. The council may decide between two or more persons having Tic votes, who 
 an equal number of votes for the same office, which of them is m "- " '" ' 
 elected: it may pass upon the qualifications of persons voted for: it Poweriof 
 may prescribe the manner of determining contested elections in cases '" 
 
 not specially provided for by this act : it may prescribe the tines to 
 be imposed on persons who vote illegally : and in regard to any Other 
 question in respect to which it directs a poll, it may make such rules 
 and regulations as it may deem tit. 
 
 lit. The council shall certify to the court of hustings held by the Duty of council 
 mayor, recorder and aldermen, the nanus of the persons elected tioiV oVi'mc'iii- 
 from each ward as members of said court, and the name of the per- hurtlng8?wid 
 son elected sergeant, ami the name of the person elected high con- oto * r oflwn 
 stable: and the raid court shall take from said sergeant and con- 
 Btable respectively, a bond in like manm r as if it- had appointed 
 them. The council shall cause the several persons elected to be 
 notified of their election: and the persons elected members of the Roconi.r 
 court of hustings shall elect from among themselves one person as 
 
 recorder, and one as senior alderman of the city, and certify BUOh Senior alderman 
 
 election to said court. The other persona elected members of said 
 court shall he aldermen of tin' oity. 
 
 90. The members of the OOnnoil fol any ward, who may DC in m. mhrrp of 
 
 rinmril t" MM 
 
 tinne moil sue 
 
 office at the time ;in election is held fur their successors, shall con 
 
 qualified 
 
 fied. The members of the curt of hustings elected from any ward, same bj to 
 

 I<>\\ MS. 
 
 rncniWrf of 
 
 f litift- 
 tug* 
 
 wli.i may In- b • tin- time :m election is held for their boo- 
 
 co.-iir.-. shall tlso continue in office until said b . or ■ ma- 
 
 jority «>f them, art- qualified : And the mayor, and all other pononi 
 holding offices mentioned in the fifth and seventh sections, or ap- 
 point. «1 index ordinances of the city, shall (onion sooner removed) 
 continue in office, after tln-ir t inn > of servioe have expired, until 
 th»ir respective are qoaiified. 
 
 ■ 
 
 CJUWS Of rxpul 
 
 I how 
 filled 
 
 •ji. If the persoo who shall have received the highest Dumber of 
 votes for an office be adjudged by the oooocU to be ineligible, or if 
 in case of a oontested election the council decide that neither of the 
 parties t<> the oootesl is entitled t<» tlu- office for which the election 
 was held, or shall expel a member, it shall, in either of said « 
 order ■ bow election to fill the vacancy, and prescribe the time 
 therefor: and nnless the coonoU otherwise direct, such new election 
 shall be conducted and superintended by tin- same officers who con- 
 ducted and superintended the previous elect shall be under 
 
 the like regulations. 
 
 OtitOT I 
 
 bow filkil 
 
 22. If. daring the term for which a person may have been el« ted 
 to any office herein mentioned, a vacancy occur in said office, other- 
 wise than is mentioned in the preceding and seventh sections, such 
 ooy may be filled by an appointment for so much of said term 
 unexpired. Such appointment .-hall be by the court of hustings 
 held by the mayor, recorder and aldermen, if the vacancy be in the 
 office of sergeant, high constable, recorder, senior alderman or any 
 other alderman; and shall in other oases be by the council. The 
 appointment, if the vacancy be in the office of recorder or senior 
 alderman, shall be from among the other members of the court; if 
 in the office of any other alderman, or of a member of the council, 
 from among voters in the ward for which such member of the coun- 
 cil was elected, ox in which the number of aldermen is deficient: 
 and if in any other office, from among those who would be eligible 
 thereto, if an election wen- held under any preceding section of this 
 act. 
 
 111 mode 
 of election, turn 
 made 
 
 'j:{. If the council shall at any time deem it expedient that a 
 change should hi- made in the mode of electing any of the officers 
 mentioned in section live. BO as to authorize the council or court of 
 hustings to appoint one or more of them, the council may direct a 
 poll to be (alien for and against said charge, specifying in such 
 resolution the particular office ox offices as to which the change is 
 propo ed, and whether it is proposed that the appointment thereto 
 shall be bj the council or the court. The resolution shall designate 
 rtain time fox the poll, not lass than one month from its date, 
 and shall be published fox one month in at Least two newspapers of 
 the city. At the Lime designated, the poll shall be taken, soperin- 
 • ' aded and conducted by the same officers, at the Bame places, and 
 
TOWNS. 159 
 
 in like manner as the elections herein before mentioned. If a ma- 
 jority of the votes be in favor of the change proposed, the council 
 shall have the fact entered on their journal ; :ui<l thenceforth there 
 Bhall be no new election under the fifth section for the particular 
 office or offices specified in the resolution, but at tin- expiration of 
 the Mar for which an election shall have been made to said office 01 
 offices, the same shall be filled by an appointment to be made by the 
 councilor the court, according as the one or the other shall have 
 been proposed and voted for. 
 
 24. Neither the members of the council nor any of the officers oathR of office 
 mentioned in Bections fiv< ■ n of this act, nor the officers ap- 
 
 pointed by the council, shall he competent tO act Until they shall 
 
 have taken the oaths or affirmations i'v Bcribi d by the charter or the 
 ordinances of the city, before the mayor or pome other justice of the 
 city. And if any person elected as a member of the council, or to 
 any <>f said offices, shall not have taken such oath or affirmation, an. I 
 
 filed a certificate thereof in the proper office within such time a- the 
 council shall prescribe, he shall he considered as having vacated his 
 
 The council shall elect one of its members to act as president, iTrM.iont of 
 who shall preside at its meetings, and continue in office for the \.ar; '"""" 
 and when from any cause he shall he absent, they may appoint a President pro 
 president pro tempore, who shall preside during the absence of the u ' mpore 
 president. The president, or the president pro tempore, who shall 
 le when the proceedings of a previous meeting are read, shall 
 sign the same. The presidenl shall have power at any time to call 
 ting of the council : and in case of his absence, sickm .--. disa- 
 bility or refusal, the council may he convened by the order in writing 
 of any three members of the council. 
 
 ; the council shall constitute a quorum for Quorum of 
 the transai tion of b ad no by-law, ordinance or regulation 
 
 shall be binding, unit ne shall have | ,1 by the ?< 
 
 ■if a majority of the members of the council who are pr< sent. 
 
 ■ i . ■ d i.i granl - 1 
 
 ider and aldermen of the <\t\ : tl mayor 
 
 1 out of 1! 
 
 authority to adopt inch ruh p and 
 
 ■per for tl • 
 'i of 
 their 
 
 ■ I 
 expel a mi mix r. I -m*), bow 
 
 h shall at -aid **** 
 
160 
 
 TOWNS. 
 
 n of 
 eoandl 
 
 Of r:t_v 
 
 city; and at the request <>f any member present, the ayes ami i 
 on any question put shall be taken and entered on the journal. The 
 olerk "t the oounefl t-hall be tin- keeper of tin- seal of the city. 
 
 The oouncU shall have authority to pass all by-laws, mlrs and 
 ordinances (not repugnant to tin- constitution and law- of this state) 
 which shall be necessary f"r the good ordering ami government of 
 Midi I - shall from time t<» time reside or In- within the limits 
 
 (.f the said city. <»r shall be concerned in interest therein, for the 
 management of its property and the due and orderly conducting of 
 ita affairs, or which shall lie necessarj or proper to cany into full 
 effect any power, authority, capacity or jurisdiction, which i- or shall 
 he granted i<> or vested in the said city, or in the council, the oourl 
 of hustings, or any offioer of said city, or which they shall deem ne- 
 liy for the peace, comfort, convenience, good order, good morals, 
 health or safety of said city, or of the people or property therein: 
 and to enforce any or all of their ordinances! by reasonable fines and 
 penalties, not exceeding for any one offence the hums limited in 
 
 this act. 
 
 \Vhm i 
 
 .. may 
 appoint 
 
 30. The council may appoint such officers a-' they may deem pro- 
 per, in addition to those herein before provided for. and define the low- 
 ers and prescribe the duties ami compensation, not only of officers so 
 appointed, but also of the overseers id' the poor, the superintendents 
 of the streets ami gas works, superintendent of the water works. 
 
 assessor and collector of the city taxes, captain id" the night watoh, 
 
 ganger, measurer id' grain, ami manager of the poorhouse; ami may 
 
 take from any of said officers bonds with sureties, in BUCh penalty as 
 
 to the council may seem fit. payable to the city, by its corporate 
 name, and conditioned for the faithful discharge of aaid dutii 9. Any 
 of paid officers may lie removed from office by the council for mis- 
 conduct or neglect "f official duty: and the council may declare 
 when the office of an}' of them shall become vacant by a failure to 
 
 Whanoffieen qualify. All officers appointed by the council may he removed from 
 \v^n',,n ■.,".'"'' "' «d1ice at its pleasure; and when from a change in the mode of con- 
 ducting the business for which any offioer is elected or appointed, 
 the office is no longer necessary, the council may abolish it. 
 
 ■abject 
 
 31. The parties to bonds taken in pursuance of th< preceding 
 ction, their heirs, devisees, executors and administrators, shall be 
 subject to the same proceedings on the said bonds for enforcing the 
 
 conditions and terms thereof, l.y motion or otherwise, before the cir- 
 cuit court of the city of Richmond, or the hustings court of the city, 
 When held by the judge thereof, or any other courts held in the city, 
 whidi may succeed to their civil common law jurisdiction, that col- 
 lectors of the county levy and their securities are or shall he subject 
 to on their bonds for enforcing payment of the county levies. 
 
 Wiiru- 
 cliungcd 
 
 32. The council may change the boundaries of the wards, and 
 
TOWN-. 161 
 
 increase the number thereof; and may alter the names of wards ami 
 streets, and may apportion the members of the council and aldermen 
 
 amon£ the several wards according In their population. 
 
 S3. The council may (if it sliall be deemed expedient) cause to be puaof ruy 
 made n survey and plan of the city, showing each lot. public Bfa 
 
 and alley, the size and number of the lets, and the width of the 
 
 ts and alleys, with such explanations and remarks as the Council 
 
 may deem proper. The said plan, upon being approved by two suc- 
 
 neils. shall l»e entered upon the books of tin- clerk of the 
 council, and shall afterward- he recorded in the office of the clerk of 
 the court of hustings of the city, and remain in said office, l! shall 
 be evidence of said ts and alleys: provided, that the lots 
 
 laid down shall lie only the lots laid down in the plan of the town, 
 ami not the divisions thereof since made: provided, thai the said 
 survey and plan shall not he approved by either council until they 
 shall have referred the same to a committee, and the accuracy of the 
 said survey and plan is certified by said committt 
 
 •M. The council may establish markets in and for said city: ap- v.,rkrtR. 
 point clerks and proper officers therefor: prescribe the times and boTI 
 
 - for holding tin' same: provide suitable buildings therefor: 
 and they may enforce such regulations as shall be necessary or proper 
 to pn vent hucksterii ilin.tr and regrating. 
 
 35. The council may erect or provide, in or neat the city, suitable v, 
 workhouses, ho correction, and houses for tin- reception ami! 
 maintenance of the poor and destitute. They shall possess and 
 
 exclusive authority over all persons within the limits of said 
 city, feceiving or entitled to the benefit of the poor laws; appoint o 
 the poor, managers and other persons connected with£! 
 the aforesaid institutions, and regulate pauperism within the limit 
 the city. 
 
 36. The council | n and punish drunkard-. Vagrant*, Drat 
 
 mendicants and 
 
 the coming into in. 
 the city, from beyond the limits of the state, of pi 
 ostensible means of support, or of p rj may he . 
 
 the i and for this pt require 
 
 any rail r' ad COSnpeny or the captain or master of any vessel 1 it • 
 ■efe MMi o n ,]. jo , n ter into bond, with 
 
 .11 no! 1" ecu,, ( hai the 
 
 city for 01 
 
 • ■ th- m ba^k from when. 
 
 at«J the city, if they baVSJ MM been in t m thirty 
 
 - if piven. 
 II 
 
162 
 
 TOWNS. 
 
 liiainp-d 38. The council may ered and keep in order all public buildings 
 ii. . . ssaiy or proper l"<>r said city : may provide, in or near the city. 
 lands to be appropriated, improved and k< pi in order, as places for 
 the interment of the dead, <t as places for city grounds, and may 
 charge for the use of ground In aid places of interment, and may 
 regulate the same; may prevent the burial of the dead in the city, 
 HurhJ gronndi except in the public burial grounds : may regulate burials in said 
 grounds; and may require the keeping mid return of bills of mor- 
 tality by the keep< rs or owners of ;ill cemeteries, it' the owners live 
 ur their office i> located in the « ity : and may provide suitable i 
 
 sines, in or mar said city, for the storage of gunpowder, or other 
 combustible and dangerous articles. 
 
 city pi ■. The council may cause in lie erected within Paid city a city 
 
 prison, and said pris »n may contain such apartments as shall be ne- 
 lary for the safe kei ping and employment of all persons con- 
 lined therein. 
 
 Infection! 
 
 llotpit.iW 
 
 40. The council shall have exclusive authority within the said city 
 and the port thereof; t-> secure the inhabitants thereof from conta- 
 gious, infections or other dangerous diseases ; i" ei tablish, erect and 
 regulate hospitals in or near said city: to provide for and enforce the 
 removal of patients to said hospitals, and for the appointment and 
 organization of a hoard of health for said city, and invest it with tho 
 authority necessary for the prompt and efficient performance of its 
 duties. 
 
 • 1 1 1 by 
 
 6rc 
 
 ■1!. The council may take such measures as shall he necessary or 
 proper to prevenl accidents by (ire within the said city, or to sceuro 
 the inhabitants thereof, and their property, as far as practicable, 
 from injury thereby; and specially to establish, organize, equip and 
 govern fire companies in said city, and to appoint a lire marshal and 
 tants, "\s i tli any or all of the powers which have been or may bo 
 vested by law in such officers; and to purchase (ire engines or other 
 apparatus, and to keep the same in good order. 
 
 Wall r works 
 iiiwl got work* 
 
 42. The council may establish or enlarge water works and gas 
 works within or without the limits of the said city ; may contract and 
 agree with the owners of any land for the use or purchase thereof; 
 or may have the same condemned for the location, extension or en- 
 largement of their said works, the pipes connected therewith, or any 
 of (lie fixtures or appurtenances thereof. They shall have power to 
 protect from injury, by adequate penalties, the said work;', pipes, 
 fixtures and land, or any thing connected therewith, within or with- 
 out the limits of said city, and to prevent the pollution of the water 
 in the river, by prohibiting the throwing of tilth or offensive matter 
 tin rein above the said water works, within one mile abovo said water 
 works. 
 
TOWNS. [68 
 
 43. The council may provide for the appointment, organization, city watch 
 compciisafioii and regulation of a city watch; may prescribe the 
 
 duties and define the powers of the several officers, members and 
 classes thereof, in such manner as will most effectually preserve the 
 good order and peace of the Baid city, and secure the inhabitants 
 thereof from personal violence, and their property from loss or 
 injury. 
 
 44. The council may establish, construct and keep in order, and Landings, 
 may alter or remove landings, wharves and docks on land belonging ,: 
 
 to the city; and may lay and celled a reasonable duty on \< 
 coming to and using the same: and may regulate the maimer of 
 Using Other wharves and landings within the corporate limits; may 
 prevent or remove all obstructions in and upon any landings, wharves 
 or docks. They may also appoint port wardens for the port of said 
 city ; prescribe the duties, and fix their fees or compensation. 
 
 1"). The council may establish a quarantine ground for the city ; Quarantine 
 
 hut if said ground shall extend helow the eastern boundary of the 
 city, en the river, the assent of the county court of Henrico shall he 
 first obtained. 
 
 46. The council shall prescribe the duties of the surveyor of the Dntiwof rat 
 city, and establish and regulate his compensation Or fees of ofi^Ce ; prescribed* 
 and all surveys or other acts which shall he made or done by said 
 surveyor, shall he as valid and effectual as if the same were dene by 
 a surveyor of a county. 
 
 17. The council may open, close or extend, widen or narrow, lay OUl Streets and 
 and graduate, pave and otherwise improve streets and public all'} ^ 
 in the city, and have them properly lighted and kept in trood order: 
 and they shall have over any street or alley in the city, which has 
 Ik in or may In- ceded to the city, like authority as over oth< 
 and alleys. They may build bridges in and culverts under said Bridgei and 
 : and may prevent or remove any .'.ruetuiv. obstruction 
 
 encroachment ov< r or under or in a street or alley, or any side wall 
 thereof, and may have Bhade trees planted along the said 
 and no company shall occupy with it-- works the 
 without tli'' consent of the council. In the mean time : 
 
 ad no injunction shall b< I by any court or judgi 
 
 y the pre. f the city in t' tion of tin ir works. 
 
 I that thi y. their ofl Dts <>r ser 
 
 sending the authority given them bj 'V act, and that the in- 
 terposition of the court i j to prevent in nnot be 
 
 tttthorize the laying don 
 . and the running thereon, in tin 
 
 lationi as tie} ribe. 
 
164 
 
 [•owns. 
 
 Priva-.. V- 1 . The OOOnoil shall ii"t lake or use any private properly for 
 
 or other public purpose, without making to the owner or 
 ownen thereof just oompensetion for the same. Bet in all oeeei 
 when- the said rity oannot by agreement obtain title to the ground 
 necessary for such purposes, it shall be lawful for the said city to 
 apply to and obtain from tin court of the count] of Henrico, or the 
 circuit court thereof, if the subject proposed to be condemned lies in 
 said county, or to the court of busting! held by the judge thereof, or 
 the circuit court of the city, if the subject lies within the city, for 
 authority to condemn the same; which shall be applied for and pre- 
 ded w itii as pru\ ided bj law . 
 
 school 
 
 Athena 
 
 50. The council may. from their own body, or from among the 
 citizens, appoint trusters of the Biohmond Lanoasterian school, and 
 make regulations for the government of the trustees and of the 
 school. They may also establish other schools, and regulate the 
 s] stem of education therein : and may provide or aid in the support 
 of public libraries, to which citizens may resort; and may establish 
 ;ui athemeum or lyoeum for the diffusion of knowledge by lectures or 
 otherwise. 
 
 Prohibition ua 
 to building 
 
 51. It shall be lawful for the council, on the petition of the owner 
 or owners of not less than one-fourth of the ground included in any 
 square of said city, to prohibit the erection in such square of any 
 building, or of any addition to any building, more than ten feel high, 
 artless the outer walls thereof be made of bridk and mortar, or stone 
 and mortar, and to provide for the removal of any building or addi- 
 tion which shall be erected contrary to such prohibition, al the ex- 
 pense of the builder or builders, owner or owners thereof; and may 
 provide for the regular and safe building of houses in the city. 
 
 • 
 
 52. The council may require and compel the abatement and re- 
 moval of all nuisances within said oity, at the expense of the person 
 or persons causing the same, or the owner or owners of the ground 
 whereon the same shall be. They may prevent or regulate slaughter 
 
 houses and soap and candle factories within said city, or the exercise 
 
 of any dangerous, offensive or unhealthy business, trade or finploy- 
 ment therein: and may regulate the transportation of coal and other 
 articles through the streets of the city. 
 
 tiUlK»!lUt 
 
 .")."{. ]f any ground iii the said city shall lie subject to be covered 
 
 by stagnant water, or if the owner or owners, occupier or occupiers 
 
 thereof shall permit any offensive or unwholesome substance to re- 
 main or accumulate thereon, the council may cause such ground to 
 be filled up, raised or drained, or may cause such substances to be 
 covered, or to be removed therefrom, and may collect the expense of 
 so doing from the said owner or owners, occupier or occupiers, or 
 any of them, by distress and sale, in the same manner in which taxes 
 
TOWNS. 165 
 
 levied upon real estate for tin ■ benefit of said city, arc authorized to 
 be collected : provided, that reasonable notice shall be first given to 
 the said owners or their agents. In oase of non-resident owners, 
 who have no agent in said city, such notice may be given by a publi- 
 cation tor not less than four weeks in any newspaper printed in said 
 city. 
 
 54. The council may prevent hogs, dogs and other animals from Hog* doga, &.c 
 running at large in said city, and may subject the same to such regu- 
 
 lations and taxes as they may deem proper. And the council may 
 
 prohibit slaves, free negroes or mulattoes from keeping dogs, and 
 may prohibit the raising or keeping of hogs within said city. 
 
 55. The council shall have the power to prevent the practice of Kites, guns, 
 flying kites, of firing L r iiu-. crackers, or any combination of gnn- other'comblna 
 powder or other combustible and dangerous materials iii the city, or|j£|^ r *2|j 
 the engaging in any employment or sport in the streets or public 
 
 alleys thereof, dangerous or annoying to passengers; to prevent the Honeiand 
 riding or driving of horses or other animals, or the running of steam 
 or horse engines or oars at an improper speed within the limits of 
 said city, and wholly to exclude the said engines or cars, if they 
 : provided no contract be thereby violated. 
 
 56. The council may require spirituous liquors, wine, oil, molasses, what may b* 
 
 vinegar and spirits of turpentine, in casks, to be gauged and in- [.'X' r 'i'!ind ;> ' 
 ipected; and may make such provision for the weighing of hav. r! ' : ""' 
 fodder, oats, shucks or other long forage, as will not be in conflict 
 With the act passed the twenty-second of March eighteen hundred 
 
 and forty-seven, to prevent the authorities of said city from laying 
 
 and collecting a tax upon the bales of hay sent by the farmers of 
 
 ■ I city. They may also provide for measuring corn, 
 
 pain, coal, stone, wood, lumber, hoards, potatoes and other 
 
 artieh i for sale or barb r. 
 
 :,' . The council may ad-.pt measures to suppress riots, gaming Gaming bouei 
 and tippling houses, and houses of ill fame-, and apoD persons who "if., 1 ,. 
 unlawfully sell, by r< tail, wine, 1" er, ale, porter, ardent spirits, or a 
 
 mixture thereof, may imp D addition to tV ribed by 
 
 the laws of the state. They may also adept measures to pn 
 lewd, indecent ami disorderly conduct or exhibitions in the city, and 
 
 ■1 therefrom persons guilty ol (fact, who shall not 1 
 
 ! therein as much as one \ . ar. 
 
 incfl may require ov 
 dty tO provide them With hoard and li rl may im: 
 
 mployers for failing to make loch pro- 
 n, or for permitting their work for tl or hire 
 
 ■ what in an- 
 

 TOW HS. 
 
 lawful aaacmblj of negroes, and may empower their officers of police 
 in enter the place of sw h assembly and seize Buch negroes; and may 
 presoribe the pnniahment of such negroes, and the fine to be imposed 
 an a person permitting snob unlawful assembly on hi* Lot or tenement. 
 
 .Hilary 
 companies 
 
 59. The council may grant aid to military companies and regiments 
 inized within the city : to Bocieties or associations for the advance- 
 ment of agriculture and the mechanio arts ; to scientific literary and 
 benevolent societies: provided such societies or associations arc 
 located in or mar the city, or in the case of agricultural societies, 
 shall hold their lairs in or mar the city. 
 
 • in. The council may grant or refuse licenses to auctioneers, and 
 require taxes to be paid on their Licenses, in addition to any tai paid 
 by them to the state; and in; \ regulate sales at auction within the 
 city, and require a per centum to be paid on such Bales (except Bales 
 in the city under the judgment or decree of a court or magistrate <>f 
 this state), and may require hond with security for the payment of 
 such per centum. 
 
 perfon 
 
 CI. The council may granl or refuse licenses for theatrical per- 
 formances in a public theatre, or for any public show, exhibition or 
 performance elsewhere, and may require taxes to be paid on such 
 licenses, and make regulations as to any such Bhow, exhibition or 
 
 performance. 
 
 I 
 
 62. The council may grantor refuse licenses to owners or keepers 
 of wagons, drays, carts, hacks and other wheeled carriages kept or 
 emploj eil in the city for hire ; and may require the owners or keepers 
 of wagons, drays and carts, using them in the city, to take nut a 
 license therefor; and may require taxes to be paid thereon, and sub- 
 ject the same to such regulations as they may deem proper. 
 
 63. The council may grant or refuse licenses to hawkers and ped- 
 dlers in the city, or persons to sell goods by sample therein, under 
 such regulations as they may deem proper, and may require taxes to 
 be paid on such licenses. 
 
 C4. The council may provide that DO agent or suh-agcnt of any 
 insurance company or office, whose principal office is located out of 
 
 this city, shall establish or keep any office, ox transact the business of 
 his agency within this city, without obtaining a license therefor, and 
 may require payment of a tax on such license, and a per centum on 
 
 the premiums received by such agent or suh-agcnt, and hond with 
 security for the payment of such per centum. 
 
 Biiiiuni tablet, <!."'. The council may grant or refuse a license for keeping billiard 
 ton pm . eys, kblea, ten pin alleys and pistol galleries, and may impose a tax on 
 
TOWNS. 1 67 
 
 said license: or the council may prohibit or regulate, the keeping 
 thereof in the oily, under such penalties M the council is authorized 
 to impose. 
 
 66. On the petition of one-fourth of the freeholders of the oily, Howanb«crip 
 
 1 ill tioni In works 
 
 the council may by resolution aired a poll to take the sense of the of internal im 
 feeholders of the city on the question whether the council, on behalf {, y city 
 of the city, shall subscribe to the stock of a company incorporated 
 
 for a work of internal improvement in this state (which, or any part 
 of which is to be constructed in or near the city, or which connects 
 with a road leading to the city), an amount not exceeding a certain 
 maximum, to be stated in the resolution. The resolution shall de- 
 signate a certain time fot the poll not less than one month from its 
 date, and shall he published for one month in at least two newspapers 
 of the city. At the time designated, commissioners appointed by 
 the council shall, after taking an oath fairly to take and return the 
 poll, proceed in the city in like manner as commissioners acting un- 
 der the forty seventh section of chapter sixty-one of the Second edi- 
 tion of the Code, proceed in a county, except that the polls, instead 
 of being of freeholders of the county, and at the courthouse of the 
 county, and at other places, shall he of freeholders of the city, and 
 at the courthouse of the city, and other places at which elections 
 are held in the wards; ami instead of being returned to tlie clerk of 
 the county court, shall he returned to the clerk of the council. If 
 by the poll hooks it appears that a majority of the freeholders of the 
 city voting upon the question are in favor of the subscription, the 
 council may subscribe, on In half of the city, for stock in said com- 
 pany to an amount not exceeding the maximum mentioned in said 
 resolution. 
 
 07. The council may subject any person or persons who, without Penalty on 
 having obtained license therefor from the council, shall do any act, Jj 
 or follow any employment or business in said city, for which the 
 
 il are or shall he authorized to -rant licenses, to any tine or 
 
 punishment which they are authorized to impose or inflict for the i n 
 forcement of their ordinal 
 
 tion of its powers or dutieai the council may tax On wbat i 
 in the city; slavea owned, hired or permanently employed 
 ba the eity, though lodged out i ty limits; all • >nal 
 
 property therein: provided, that this clause shall not apply to the 
 
 slave- .,f y< reoni n - i < 1 i 1 1 lt out of the city limits, who take tin 
 at night to th< ir own homes, and employed by them in their own 
 : l fh e pel ■ : all corporations 
 
 : circulation and internal impi. 
 
 men! oompanii own* i bj or credits due to an] 
 
 living in the city; all capital of persons having ■ plaoeof bn-incss 
 
 in til rein, and • I m said bl 
 
168 
 
 rowNS. 
 
 -. though the said business may extend beyond the city: providedi 
 tliat bo mnob of .— ; t i » 1 capital h is invested in real estate and si 
 or i> employed in the production or manufacture of artiolea outside 
 Bxanpttoa of the city limits. shall nol be t- ital; but no capital taxed 
 
 by the said council under the proyiaioni of this olause, shall be rab- 
 • tn county <>r corporation taxes elsew he re under the laws of the 
 commonwealth; all stocks in incorporated joint Btock companies 
 owned by persons living in the city, nol exempt by lav. from taxa- 
 tion: incomes, interest on money, dividends of hanks or othi r 
 potations owned by persons living in the city: provided, thai no 
 capital, interest, incomes or dividends shall be taxed, when a lit 
 or other tax is imposed upon the business in which the capita] in 
 employ* '1. or upon tin- principal money, credits or stock from which 
 the interest, income or dividends is derived : nor shall a tax he im- 
 posed at the .-.inie time npOU a corporation, and upon the stock OX 
 dividends thereon of said corporation. 
 
 . 
 
 
 1 1. aleri in 
 
 The council may tax every person who keeps in the city an 
 ordinary or house of entertainment, or boarding house, puhlic or 
 private; a public eating bouse, coffee house, lager beer saloon or 
 cook shop: a private negro jail, wherein slaves are confined and 
 boarded; every person who is an agent to hire or Bell slaves fox 
 
 profit, or to rent out houses, or to sell cattle, sheep or hogs; every 
 person who is a dealer in horses or mules, or who keeps a li\erv 
 
 stable; every broker, lawyer, physician or dentist; every person 
 who keeps a daguerreian gallery; every person who sells or barters 
 
 any patent, specific or quack medicine: all sellers of spirituous 
 
 liquors, beer or ale-, all shop keepers, merchants, traders and manu- 
 facturers; and the other persons upon whom the state may at the 
 
 time have imposed a license tax. And as to all persons or employ- 
 ments embraced in this BOOtion, the council may lay the tax directly. 
 or may require them to take out a license, under such regulations as 
 may be prescribed by ordinance, and impose a tax thereon. Hut the 
 
 taxes herein authorized shall he suhject to the provisoes stated in the 
 
 next preceding section. 
 
 Who may 
 
 7I». The council may vest in the collector of the city taxes, and 
 of assessments for the use of Water and gas, an\ OX all of the powers 
 which are now or may he hereafter vested in a sherill' as collector 
 
 of tin' state taxes; may prescribe the mode of his proceeding, and 
 the mode of proceeding against him for the failure to perform his 
 
 duties : and maj authorize him to appoint assistants, under such 
 regulations as they may prescribe. 
 
 • trait, 71. Xo deed of trust or mortgage upon goods or chattels shall 
 
 vent iale for prevent the same from being distrained and sold for taxes assessed 
 Slnst the grantor in such deed, while such goods and chattels re- 
 main in the grantor's possession, nor -hall any such deed prevent 
 
TOWNS. 169 
 
 the goods and chattels conveyed from heing distrained and sold for 
 taxes assessed thereon, no matter in -whose possession they may be 
 found. 
 
 72. A tenant from whom payment shall be obtained by distress or T^m obtained 
 otherwise! of taxes due from a person under whom he holds, shall how asto ' 
 
 have credit for the same against such person out of the rent- lie may 
 
 owe him; except where the tenant is hound to pay each tai by an 
 
 express contract with SUoh person. 
 
 ?.'{. Where a tax is paid by a fiduciary on the interest or profits Tax paid by 
 
 of moneys of an estate laid out or invested either under an Order of 
 
 court or otherwise, the tax shall be refunded out of such estate. 
 
 7 1. Then' shall be a lien on real estate for the city taxes assessed m a tot 
 thereon, from the commencement of the year for which they are 
 
 d. The council may require real estate in the city, delinquent 
 for the non-payment of taxes. to be sold for said taxes, with interest 
 
 thereon, and such per centum as they may prescribe for char] 
 and they may regulate the terms on which real estate BO delinquent 
 may be redeemed. 
 
 ?."). The council may. in the name and for the use of the city. Loan*, how 
 contract leans, or cause to he issued certificates of debt or honds ; rontracted 
 but Bach loans, certificates or honds shall not be irredeemable for a 
 
 period greater than thirty-four years. 
 
 78. There shall be set apart annually, from the accruing revenue! sinking fund 
 of the city, a sum equal to seven per cent, of the city debt existing 
 at the commencement of this act. The fund tints set apart shall be 
 called the " Sinking fund," and shall be applied to the payment of 
 the inter* at of the city debt, and the principal of snch part as may 
 he redeemable. If no part be redeemable, then the residue ( .f the 
 ■inking fund, after the payment of such interest, shall be inv« 
 In the bonds or certificates of debt of the city, ox >>( this state, or of 
 the 1'n" 1 or "f tome of the states of this Union, .ami ap- 
 
 pli< '1 to the payment of the city debt is it shall become redeemable. 
 
 Whenever, after the commencement of this act. tier.' sha I 
 itracted by the city any debt not payable within the next twelve "' n Ing nn 
 montl set apart in like manner annually, for thirty- 
 
 four years, or until the debt is paid, a sum one per 
 
 amount of the annual int to he paid 
 
 then on ■ >'< th< ball 1"' part of the 
 
 linking fund, and shall he applied in the mat 
 
 ■ il shall m.t appropriat the sinking siakiacf 
 
 fund. ■ timi. ,1 m tie • 
 
170 
 
 TOWNS. 
 
 Moneys, how 
 held h! 
 
 - 1 ■.- 
 
 7f». All money? received or collected for the use of the city, shall 
 lie ]i:iid ovi r. held and dishur.-ed. M tin- council may order or prc- 
 Bcribe. 
 
 f hust- 
 ings, how held 
 
 Torn: 
 court • 
 hold bj 
 judpn 
 
 Clvii 
 Hon 
 
 1 juris- 
 diction 
 
 80. The court of hustings for the city of Richmond shall be held 
 
 by the mayor, recorder and aldermen of the Mid city, or any four of 
 ihem. e\< e|,t where otherwise proi ided, and also a judge, to be called 
 the "judge of the court of hustings." A term of said court, not ex- 
 oei ding six days, shall be lold by the mayor, recorder and aldermen 
 in every month, at Boob time.- and places as the oounoi] shall pre- 
 Boribe; at winch shall be exercised all the jurisdiction, powers ami 
 duties of the eniiri of hustings, except Buch as are expressly \' 
 and delegated to the said court when held by the judge afon 
 
 BI. A term <f the said court, not exceeding twenty days, shall 
 also be held by the said judge in every month, except the month of 
 
 August, at such time and place as the council of tin- said city shall 
 
 prescribe; at which term the said court shall exercise exclusively the 
 
 jurisdiction now vested in it over all attachments, appeals in civil 
 cases, civil action-, motions and BUits at law and in chancery, all 
 matters concerning the probate of wills, the appointment, qualifica- 
 tion and removal of fiduciaries, and the settlement of their accounts : 
 
 and the court so hold, or the judge thereof, may appoint commis- 
 sioners in chancery, commissioners to take depositions, receivers, and 
 any other officers or agents, for the conducting of it< business, which 
 a circuit court or judge may appoint in similar cases, and whose ap- 
 pointment is not otherwise provided for by this act or ordinances of 
 the city: and the said court, when held by the judge thereof. ma\ 
 exercise the power which a circuit court may exercise under section 
 thirty-five, chapter one hundred and eighty-four, and sections one. 
 two and three id" chapter two hundred and ten of the Code of eigh- 
 ty . ii hundred and forty-nine. 
 
 82. The said court, at the term held by the judge, shall have 
 Original jurisdiction of all felonies committed within the territorial 
 limits of its jurisdiction, except of felonies committed by slaves and 
 
 by free negroes, where the penalty is not death. And if a prisoner, 
 put on his, trial for a felony, shall he found by the jury guilty of only 
 a misdemeanor, the said court held by the judge shall have jurisdic- 
 tion «il' the case: and it shall have appellate jurisdiction in cases in 
 which the constitutionality or validity of an ordinance of the city 
 shall hi- involved. 
 
 yuarteriy urrng 83. The business of the said court, as heretofore vested in it. whe- 
 ther held by the mayor, recorder and aldermen, or by the judge, 
 shall he distributed bylaw: but the judge may designate which of 
 his terms shall be quarterly terms. 
 
 Grand jurus 84. A grand jury shall be Bununoncd, as now prescribed by law, 
 
TOWNS. 171 
 
 to attend the terms of the said court held by the mayor, recorder and 
 aldermen in February. May, August and November; and a grand 
 jury shall be Btunmoned in like manner, to attend the terms held bj 
 the judge immediately succeeding his quarterly terms; which grand 
 jury shall be charged by the judge. All provisions of law concern- 
 ing grand and petal juries, the taxation of costs and clerks' feet, ap- 
 plicable to circuit courts, shall apply to the said court, when held by 
 the judge thereof. 
 
 B5. All oriminala examined by the said court held by tin- mayor, Peraonic* 
 recorder and aldermen, if remanded fur Iiial, shall be sent to the crime, to b< 
 said court, at its terms held by the judge, and all depositions and ,r:,db - v ■>" g9 
 reoognizanoi e Bhall be thereunto returned. 
 
 The said court held by the judge, and the said judge respec- Jurisdiction of 
 lively, shall have the same power M a circuit court, or a circuit by the judge o* 
 
 judge, in suits for partition or fur sale of lands of persons under dis- *" 
 ability, and to award and try writs of injunction, habeas corpus, 
 mandamus and prohibition, and shall exercise the same jurisdiction 
 and powers as a circuit court or circuit judge in such cases, and as 
 to all Bubjects incident to the matters or cases of which the court or 
 the judge has jurisdiction : and orders awarding injunctions may be 
 
 ted to the clerk of the court, and injunction bonds taken by him, 
 in all BUch cases over which the said court has jurisdiction. Ap- 
 peals, writs <>( error and writs of supersedeas from and to judgments, 
 decree e and orders <>f the said court held by the judge, shall be taken 
 and allowed as if they were from or to those of a circuit court or a 
 circuit judge. But if they be from or to the judgments, decrees and ,\ n i ah (ran 
 orders of the said court, when held by the mayor, recorder and alder- 
 men, they shall be taken to the circuit court of the city aforesaid. 
 
 r<t(ifore. 
 
 lonwealth's attorney for the circuit court of the CommonwMUki 
 city of Richmond shall prosecute in u' I felony in the said 
 
 court of hustings held by the judge thereof. Dozing the absence <>f w; .■ 
 the said judge, or hi- inability from any cause to buhl terms ol hit 
 court, the same may be held by any circuit judge, whose COmpensa- '^"* l of hn ' ,, " 
 hall be fixed and paid by tin' council of the said city. And the 
 - "'lit. when held by the the said judge, may u ; 
 
 irt for the Fame causes, and in tie Mine 
 manner a- are prescribed by law for the removal I (ran one 
 
 circuit ennrt to another. 
 
 DOnwealth'l attorney fur the circuH court of the city i, 
 iiuioml shall perform the dutii ted with any matter or ' v 
 
 proceeding in the said hustings court, held by the judge thereof, 
 
 Whh i BUMBWI altli in < i: 
 
 couit u there for, as 
 

 . 
 
 is done in a circuit court. The reooidi and proceedings of the said 
 cuurt. held by the judge thereof, shall be kepi as the records and pro- 
 of the clerk needing* of a circuit oourl is required to be kept: and the duties, 
 liabilities, oompensation of and modes of proceeding againel the 
 
 clerk and other offioen and agents of said cuurt. held by th<' jndge 
 thereof, and the attorney's fees taxed, Bhall be the same aa in like 
 oases in the circuit court. 
 
 Jurisdiction of 
 
 1 1 1 of 
 hiiBtingg 
 
 -■'. 'The Baid court of hustings shall continue to have civil and 
 criminal jurisdiction, and the mayor, recorder and aldermen and 
 jndge .-hall each have the powers of a justice of the peace, exoepl u 
 in this act limited, nut only within the corporate limits of the said 
 city, hut also for the space of one mile mi the mirth side of danies 
 river, without ami around said city, and every pari thereof, including 
 BO much of said river to low water mark on the shore of the county 
 of Chesterfield, as shall he between two lines drawn due south from 
 
 the eastern and western termination of the one mile aforesaid, for 
 matter arising within the same, according to the laws of the com- 
 monwealth. 
 
 IVtliilti. -. hOW 
 Irapoisi-il t.y 
 couucil 
 
 90. The council may impose penalties for the violation of this act 
 and any of the ordinances id' the city, not exceeding three hundred 
 dollars for one offence. If the penalty hi' above fifty dollars, it shall 
 he prosecuted in the court of hustings of the city, at the terms held 
 by the mayor, recorder and aldermen : hut any claim to a fine or 
 penalty under this act, or under any ordinance or by-law of the city, 
 if it he limited to an amount not exceeding fifty dollars, and any 
 other claim against the city, or a person therein, if it does not exceed 
 fifty dollars (exclusive of interest), shall be cognizable in the mayor's 
 court: and his judgment shall he final on all civil cases w here the 
 matter in controversy, exclusive of costs, is not more than twenty 
 dollars. 
 
 Mayor's court. 91. The mayor, or when he is ahsent from the city, or so sick as to 
 he iinahle to attend to his duties, or his office is vacant, the recorder, 
 or if he be ahsent from the city, or so sick as to be unable to attend 
 to his duties, or his office is vacant, the senior alderman, shall hold a 
 court, which shall he called "the mayor's court.'' every day, except 
 Sunday, in such place as the council may designate, and take cogni- 
 zance of such cases as may he broughl before him under the laws of 
 the state and all cases arising under the ordinances or by-laws of 
 the city, and where tlu jurisdiction is not taken away hy the next 
 preceding section id' this act. And the recorder and alderman of 
 the city, only the one who is authorized for the time being hy this 
 section to hold said court, shall have authority to discharge from cus- 
 tody a person who has been committed to the jail for felony. 
 
 Mayor's office 9'2. The mayor shall keep an office in some convenient part of 
 
 the city. In addition to his powers as a justice of the peace, his 
 
TOWNS. 17:J 
 
 jurisdiction shall extend to all breaches of the peace committed 
 within the jurifldiotionaJ limits of the hustings court ; and to all in- 
 fractions of the city Ordinances, shall he final, ezcepl in cases in 
 which the constitutionality or validity of such ordinance is involved. 
 
 !'.'!. The mayor shall he the head of the police of the city, and Mayor, li 
 shall have ;i general superintendence and control of said police, and 1 '"' 
 o\< r the officers of the city other than the judge, recorder and alder- 
 men, and of the police and the night vvatch. pursuant to the ordi- 
 nances of the city. When he is absent from the city, or is so sick 
 as to he unable to attend to his duties, or his office is vacant, the re- 
 oorder, or if he he absent from the city, or is bo sick as to he unahlc 
 to attend to his duties, or his office is vacant, the senior alderman 
 shall exercise all the powers of the mayor. 
 
 94. 'i'he police officers of the city, or such of them as the council Powen 
 may designate for the purpose, shall, in criminal cases, have the p 
 same powers, duties and fees, and l)c suhject to the same penalties 
 
 thai are prescribed by law as to constables ; and in proceedings for 
 violations of this act, or of any ordinance or by-law of the city, said 
 officers shall act to such extent and in such manner as the council 
 may direct. 
 
 95. No person shall he capable of holding at the same time more Limitati 
 than one of the offices mentioned in the fifth and seventh sections of boldl,,; 
 this act. 
 
 96. In all respects, except as to the collection of taxes, the ser- of the fergwrn 
 
 geant of the city shall have the powers and authority of. and shall 
 perform the duties and receive the same fees, and he subject to tin- 
 same liabilities and penalties, and be proceeded against in the same 
 
 Way as sheriffs. The high Constable of the city shall in civil case nigh constable 
 
 the same powers, duties mid fe< s, and he subject to the same 
 penalties as are prescribed by law as toother constables; and no 
 table of the county of Henrico shall within the corporate limits 
 execute a variant issued by a justice of the peace in a civil case, or 
 ned on a judgment obtained on such warrant. The 
 said high constable may. with the consent of the court of hustings 
 held by the mayor, recorder and aldermen, appoint one or iiior<- d< - 
 
 , of whom the court shall enter of record that the person so 
 appointed i^ a man of honesty and good demeanor. Any such de- 
 puty may be removed from office fay his principal or by the said 
 
 court. I'urinp his continuance in office In' may discharge any of the 
 official duties of hii principal. 
 
 !•?. ] BStned in relation i«. tin pOWl n OO Pfem d )!<tt art 
 
 upon the ( ity. as a r< nedial Statute in faTOf of th' I 
 
 98. The print' f the city. puhli-h< d ) -.Mf-nr* 
 
174 
 
 rowNS. 
 
 under its authority. and transcripts from such ordinances, or from tlic 
 journal of tlu- council, certified by the clerk thereof, shall ho received 
 as evidence for any purpose for which the original ordinances or 
 journal could be received, and with as much effect. 
 
 
 chap 99. — An ACT amending the Charter of the Town of Charleston in tho 
 
 I ounty "f Kanau lia. 
 I Karob 81, 188L 
 
 Be il enacted by the general assembly of Virginia, thai the charter 
 of the town of Charleston in the county of Kanawha be amended 
 and re-enacted bo as to read as follows: 
 
 Corporal* 
 
 lire iti 
 
 I. The corporate limits and hounds of the town of Charleston 
 shall be as follows: Beginning at the mouth of the branch emptying 
 
 into the Kanawha river just ahove the mouth of Kile river; thence 
 up the Kanawha river at low water mark, to a stake on the edge of 
 -aid river, opposite the line between Wil80n*8 graveyard and James 
 B. Noyos" ; thence down the bottom in a line parallel to Front street, 
 to Kast avenue; thence out East avenue so as to include the Bame, 
 to a stake four hundred feet beyond the intersection of Orchard street 
 with East avenue; thence with a line parallel to Orchard and Third 
 streets, down the bottom, to a stake on the upper side of the lane in 
 which James A. Caldwell now resides; thence out said lane by the 
 Street leading to Elk river ; thence with said street so as to include 
 the same, to the branch ahove mentioned, and thence down said 
 
 branch and binding thereon, to the place of beginning. 
 
 Municipal 
 suthorities 
 
 2. The municipal authorities of said town ,-hall he a mayor, re- 
 corder and five oounoilmen, who together shall form a common 
 council. 
 
 Town incor- 
 porate] 
 
 3. The mayor, recorder and counoilmen, so soon as they have been 
 elected and qualified as herein after provided, shall he a hotly politic 
 and corporate, by the name of The Town of Charleston; and shall 
 have perpetual succession and a common seal ; and by that name, 
 may sue and he sued, implead and he impleaded: may purchase and 
 hold real estate necessary to enable them the bettor to discharge their 
 duties, and needful for the good order, government and welfare of 
 '■aid town. 
 
 Corporato 4. All the corporate powers of said corporation shall be exercised 
 
 vested ' by the said council, or under their authority, except where otherwise 
 
 provided. 
 
 Town «rr- 5. There shall be a town sergeant, a treasurer, a commissioner of 
 
 the revenue and an overseer of the poor of said town. 
 
TOWNS. 1 75 
 
 6. The mayor, recorder and councilmon shall ho elected hy the, By whom 
 citizens of the said town who may be entitled nnder this act to vote. ° 
 
 7. Their term of office shall ho (except when elected to (ill varan- Terra of offio« 
 cies) for one year and until their successors shall have been elected 
 
 and qualified as herein after provided. 
 
 8. The mayor, recorder and councilmon must be freeholders in Qualification of 
 said town, and entitled to vote For meinhers of its common council. '"' 1} " r ' c 
 
 9. The first election under this act shall he hold on the first, Satur- When election 
 day in May eighteen hundred and sixty-one, at, the courthouse of " 
 Kanawha county, nnder the supervision of the sheriff of said county, 
 
 or any two justices thereof; and annually thereafter, there shall he 
 an election on the same day in each year, at snch time and place, and 
 nnder such supervision, rules and regulations as the council of said 
 town may prescribe. The person or persons conducting the first 
 election shall grant a certificate to the persons elected : which certifi- 
 cate shall led among the by-laws and ordinances of said 
 town. 
 
 10. All persons who have had their domicil in said town for twelve who may tou 
 months next preceding the day of election, and who shall have paid 
 
 the town taxes B -ainst them for the preceding year, and who 
 
 shall also be entitled to vote for meinhers of the general assembly of 
 Virginia, shall be entitled to vote for all officers elected by the peo- 
 ple under this act. 
 
 11. Whenever a vacancy shall occur from any cause in the office VninniiH 
 
 of mayor or recorder, the council for the time being shall at once 
 
 order a special election to be held to fill the vacancy; of which 
 
 on two weeks' notice shall be duly given and published by tlm 
 
 eon noil. 
 
 12. At all elections the vote shall ho given viva •> • vivavorovotinj 
 
 [3. Whenever two or more persons for the same office at said In rajo of a tic 
 n shall receive an equal number of votes, the commissioners 
 of election, or a majority of them, after proclamation made at the 
 
 front doot of the place of Voting, that the polls ar< 
 
 v. hi' h of the 
 said ]" 1 ho returned as eleoti d. 
 
 14. / • lections shall be beard and 
 
 non 
 
 ooun< I lor the time I 
 
 15. '■ ft offlerw 
 
 intr upon the duties el their office, and within two weeks from tho 
 
L76 
 
 rowNS. 
 
 day of their election, make oath or affirmation that they will truly. 
 faithfully ami impartially discharge the duties of their said offices. 
 bo the best of their abilities, bo long an they shall continue therein. 
 The major and recorder shall take said oath or affirmation before a 
 justice of the peace, and the oouncilmen shall take it before the 
 person presiding for the time in the council. Certificates of said 
 oaths or affirmations shall be recorded in the journal <>f the pro< 
 ing-s of the council. 
 
 brm«r w>. Whenever any four of the newly elected oouncilmen shall 
 have been so qualified, they shall enter upon their said office, and 
 supersede the former oouncilmen. 
 
 Wben : 17. The mayor and recorder shall each enter on the duties of his 
 
 offii i soon as qualified. 
 
 When new 
 
 18. if any one who shall have been duly elected mayor, recorder 
 or councilman, shall not have been eligible as herein prescribed, or 
 
 shall refuse or fail to take the oaih or affirmation required under this 
 act, for two weeks from the day of his election, the council for the 
 time being shall declare his said office vacant, and >hall order a new 
 election for mayor, recorder or councilman, as the case may he. 
 
 icy in 
 council 
 
 19. Whenever from any cause a vacancy shall occur in the office 
 of councilman, the council for the time being shall, by a vote of a 
 majority present, till it by choosing a councilman from among the 
 citizens of the town eligible to that office under this act. 
 
 Who to proaidf 
 unci! 
 
 20. The council shall he presided over at its meetings by the 
 mayor ; or in his absi nee. by the recorder ; or in the absence of both 
 mayor ami recorder, by one of the oouncilmen selected by a majority 
 of the council present. 
 
 Quorum 21. Hie presence of the mayor or recorder and at least three 
 
 councilmeii, or in the absence of both the mayor and recorder, the 
 presence of fivccouncilmen shall he necessary to make a quorum for 
 the transaction of business. 
 
 Jotirnal 1 ■ > be 
 kept 
 
 22. The council shall cause to be kept in a journal an accurate 
 record of all its proceedings, by-laws, acts and orders; which shall 
 be fully indexed, ami open to the inspection of any one who is enti- 
 tled to vote for members of the council. 
 
 Proceedings to 
 
 >.■■ r.-;i.1 
 
 23. At each meeting of the council the proceedings of the last 
 meeting shall be read to the council, and shall thereupon be cor- 
 rected, if erroneous, and signed by the person presiding for the time 
 being. Upon the call of any member, the ayes and noes on any 
 question shall be called and recorded in the journal. 
 
TOWNS. 177 
 
 Ml. The mayor and recorder shall have votes as members of the who to vote iu 
 council : and in all case.- <rf a tie, the person at the time presiding at 
 the council shall have the OSSting vote. 
 
 2.1. The council so constituted shall have power within said town Powenof 
 to lay nil", open, curb and pave streets, alleys, walks and gutters for rounc 
 
 the public use, and In alter, improve and lighl the same, and 1 
 
 them kepi in good order, and fne from obstructions on or over them ; 
 in regulate the width of sidewalks on the streets, and to order the 
 sidewalks, footways and gutters to he curbed and paved ami kepi in 
 
 good order, free and (lean, by the owners or occupants thereof, or of 
 
 the real property next adjacent thereto: to layoff public grounds, 
 and to provide, contract lor and take care of all public buildings pro- 
 per to the town : to establish and regulate markets ; to prescribe the 
 
 time for holding the same, and what articles shall he sold only in 
 
 such markets; to prevent injury or annoyance to the public or indi- 
 viduals, from any thing dangerous, offensive or unwholesome; to 
 protect places of divine worship in and about the premises w b 
 held: to abate Of cause to be abated any thing which, in the opinion 
 of a majority of the whole council, shall be a nuisance; to regulate 
 the keeping of gunpowder and other combustibles; to provide in or 
 near the town, places for the burial of the (bad. and to regulate in- 
 terments in the town ; to provide for the regular building of houses or 
 other structures, and for the making of division fences, and for the 
 drainage of lots by proper drains and ditches; to make regulations 
 for guarding against danger or damage from fires; to provide for the 
 poor of the town ; to lay oil' the town into two or more wards, and 
 appoint ami publish the places of holding town elections, and the 
 time of holding special elections and polls : to provide a revenue for 
 the town, ami appropriate the same to its expenses, ami to provide 
 the annual ol of taxable persons and property in the town : 
 
 to adept ruler for the transaction of business, and fur the govern- 
 ment and regulation of its own body; to promote the general wel- 
 
 of the town, and to protect the property of perron- therein, and 
 to prest rve peace and good order therein ; to keep a town guard ; to 
 appoint and order out a patrol for the town in like manner ami be 
 like purposes within tie the patrol may be ordered out by 
 
 the county court, of a justice within the county : and to appoint such 
 officers as they may deem proper, including s oner 
 
 of the revenue, treasurer, and Ov e rs ee r of the ] r: to define their 
 
 <•• their duties, fix their term of service ami compen- 
 sation, require and take from them bond-, with such sun och 
 penait nditioned for the true and faithful 
 discharge of their duties, and remove them at pleasure tall bonds 
 taken by the council shall be made payable to the town by its corpo- 
 rate name); to p. unit or prohibit the establishment of nen pis 
 for the interment of the < | u . and t. 
 the tami . to , • prohibit i 
 U 
 
178 TOWNS. 
 
 or water works in or near the town; to prevent injuries to or 1 pollu- 
 tion of the same, or danger to the water and healthfulneas of the 
 
 town (for all which purposes named in tins clause, except that of 
 
 linn, the council shall have jurisdiction for one mile beyond the 
 town): to regulate and provide for the weighing and measuring of 
 hay, coal and other articles sold or fur sale in said town, and to regu- 
 late tin- transportation thereof through the Btre< 
 
 Power to pan 26. 'I'd <-arrv into effect these enumerated powers, and all other 
 powers conferred apon the said town or its council, expressly or by 
 implication, in this or any other acts of the general assembly of Vir- 
 ginia, the council shall have power to make and pass all needful 
 orders, by-laws and ordinances, aol contrary to the oonstitotion and 
 laws of Virginia : and to prescribe, impose and enact reasonable tines 
 and penalties, or imprisonments in the county jail for a term not ex- 
 ceeding thirty days; and also corporeal punishments by stripes, when 
 other than white persons are the offenders. All which lines, penal- 
 ties, imprisonments or stripes shall be recovered or enforced under 
 t Ik- judgment of the mayor of said town, or the person lawfully ex- 
 ercising his functions. And the authorities of said town may. with 
 the oonsenl of the county oourl of said county, entered of reoord, 
 
 have the right to use the jail of Said county of Kanawha for any 
 purposes for which the use of B jail may be needed by them, under 
 the acts of council or of the state. 
 
 Power to estab- 27. It shall be lawful for the council to establish and construct 
 J^* landings, wharves and docks on any ground which does or shall be- 
 
 long tn the said town, and to repair, alter or remove anj Landing, 
 wharf or dock which has been or shall he so constructed, and to lay 
 
 ami collect a reasonable duty on" the vessels coming to or using the 
 
 same; and they shall have power to pass and enforce such ordinances 
 as Bhall he proper to keep the same in good order and repair; to pre- 
 serve peace and good order at the same, and regulate the manner in 
 which they shall he used. They shall have power to appoint as 
 many wharf masters for said town as may appear QeoessaTJ ! to pre- 
 senile their duties, fix (heir fee-, and make all regulations in respect 
 to such officers as to them may seem expedient. 
 
 Annual estimate 28. The council shall cause to he annually made up and entered 
 Dpon its journal, an account and estimate of all sums which are or 
 may become lawfully chargeable mi the said town, which ought to he 
 
 paid within one year; and it shall order a town levy of so muoh as 
 
 in its opinion is the amount which may be raised from licenses and 
 other sources. 
 
 On whom levy 2!>. The levy so ordered may be upon all free male persons within 
 
 tobeaueued ^-j Ui ^ n (|V( . r ^ xt( . ( . H years of age, dogs, and on all real estate 
 
 within said town which is not exempted from state taxation, and all 
 
. TOWNS. 179 
 
 such other subjects in said town as may at the time lie assessed with 
 stale taxes: provided, that the tax do not ezoeed one dollar on ever] 
 hundred dollars of the value of unimproved lots (or lots upon which 
 there is no building), and seventy-li\ e cents on every hundred dollars 
 of the value of other real ami personal property, <>r two dollars pet 
 
 head on each taxable person. 
 
 30. Whenever anything for which a state license is required, is Town] 
 to be done within the said town, the council may require a town 
 LioenBe t<> be had for doing the same, and may impose a tax thereon 
 
 for the Use of the town : and the council may in any case in which it 
 sees lit. require from the person so licensed, a bomb with sureties, in 
 Buoh penalty and with such condition as it may think proper. Said 
 council may aim grant or refuse licenses to owners or keepers of 
 wagons, drays, carts, hacks and other wheeled carriages kept or em- 
 ployed in said town for hire or as carriers for the public; and may 
 require the owners or keepers of such wagons, drays and carts using 
 them in the town, to take out a license tlnrefor; ami may require 
 iii lie paid thereon, ami subject the same in such regulation! 
 
 they may deem proper. 
 
 31. The revenue from these and other sources shall be collected, Revenue, how 
 
 paid over and accounted for at such times and to snch persons as th< 
 council shall Older. 
 
 32. The B< rgeanl shall have power to collect the town taxes, funs p.,,., .. 
 and levies, and shall have power, one month after he shall ha\< re- wr * ea,,t 
 oeived tin- books of the commissioner of the revenue of said town. 
 
 to distrain and sell therefor in like manner as a Bheriff may sell and 
 distrain for state taxes, and shall have in all other respects the same 
 powers as a sheriff to enforce the payment and collection thereof. 
 And the said sergeant shall have power I • . within the corpo- 
 
 rate limit- of said town, all the duties that a constable can legally 
 id to the collection of claim-, executing and levying 
 
 prooew : and he shall be entitled to the same compensation therefor; 
 and he and his securities shall be liable to all the fines, penalties and 
 forfeitures that a constable i- legally liable to for any failure or dere- 
 liction in his said office; to be recovered in the same manner and 
 
 courts that said finee, penalties and forfeit 
 now recovered against a eon-table. 
 
 <!1 be a lien on real estate lor the town taxes assjenaad un n 
 thereon, from the commencement of the year for which tiny are" 
 
 asse-si d. 
 
 34. Tie < 'iimd may order and , u the town, d 
 
 delinquent for the non-payment ol taxes, to be sold by the i 
 at public auction, fur the arrears, wit;, lir l, 
 
180 
 
 TOWNS. 
 
 per centum as tin- council may prescribe, for charges, and the sur- 
 plus shall be paid die owner; and they may regnlate the terms mi 
 which real estate so delinquent may be redeemed. 
 
 
 .'{."). The OOnncil may prohibit any tlieatrical or other performance. 
 Bhow Ot exhibition, which it may deem injurious to the morals or 
 
 gOOd older of the tOWn. 
 
 
 .'{(I. The council shall have power to require and take from the 
 & rgeant and treasurer, honds. with sureties. satisfactory to the coun- 
 cil, in such penally as they may deem sufficient; except that a< to 
 
 the sergeant, it shall not be for a penalty less than three thonaaad 
 
 dollars: ami said bond shall he conditioned for the faithful and true 
 
 performance of his duties as sergeant, and for the collecting and ac- 
 counting for and payment of the taxes, tines and other moneys of the 
 
 town which shall come into his hands, or which it shall be his duty 
 to collect, at such times and to such persons as the council may order. 
 The treasurer's bond shall be conditioned for the faithful performance 
 
 of his duty an treasurer, and that he will faithfully pay our and ac- 
 count lor all moneys thai shall come into his hands as treasurer, when 
 and as he shall he thereto required by the council. 
 
 mayor 37. The ruayor shall be the chief executive officer of the town, 
 lie shall take care that the by-laws, ordinances, acts and resolutions 
 of the council, tire faithfully executed, lie shall be ex-offioio a oon- 
 -c ivator and justice of the peace within the town, and shall within 
 the same exercise all the powers and duties vested in the justices of 
 the peace for ihe county, except that he shall have no jurisdiction as 
 such in civil causes; nor shall he he a member of the county court. 
 He shall have control of the police id' the town, and may appoint 
 Special police officers when he deems it necessary. It shall he his 
 duty especially to see that peace and good order are preserved, and 
 that the persons and property are protected in the town, lie shall 
 have power to issue executions for all lines and costs imposed by him. 
 or he may require the immediate payment thereof: and in default of 
 such payment, he may commit the party in default to the jail of Ka- 
 nawha county until the fine and costs shall be paid : but the term of 
 imprisonment in such case shall not exceed thirty days. He shall 
 from time to time recommend to the council such measures as he may 
 deem needful for the welfare of the town. He shall receive a com- 
 pensation for his services, to be fixed by the council, which shall not 
 be increased or diminished for the term for which he shall have been 
 elected. 
 
 Hon 
 
 ]>1>1|"S of 
 
 recorder 
 
 38. The duty of the recorder shall be to keep the journal id' the 
 proceedings of the council, and have charge of and preserve the re- 
 cords of the town. Iu the absence from town or sickness of the 
 mayor, or during any vacancy in the ollice of mayor, he shall per- 
 
TOWN-. iSi 
 
 form the duties of the mayor, and be invested with ;ill liis powers. 
 Tie shall he a conservator of the peace within the town. He shall 
 receive a compensation for his services, to be fixed by the council, 
 which Bhall not lie increased or diminished for the term for which he 
 shall have been elected. 
 
 •*!!». In case of the absence from town or sickness of both mayor who to 
 and recorder, and in case the offices of mayor and recorder are both '. 
 
 vacant al the same time, the council shall, by vote of a majority r " oorder 
 present, appoint one of their own number to fill each office until tin- 
 mayor or recorder may retain or resume their iluties. or a new elec- 
 tion is had of said officers. 
 
 !'•. Tt shall he the duty of the town sergeant to collect the taxes, D 
 tine- ami other income and revenue of the town, as specified in hU ' 
 
 bond, and to account for and pay the same to the treasurer at such 
 
 time as the council may order. And it shall he his duty, at leasl 
 months, daring his continuance in office, and oftener, 
 if thereto required by the council, to render an account of the taxes, 
 funs and other claims in his hands for collection, and return a list of 
 such as he shall have been unable to collect by reason of insolvency; 
 
 to which list he shall make oath that he has used due diligence I I 
 
 collect the same, hut has been unable to do so. The council shall. 
 
 if it he satisfied he could not have collected the said claims by n^v of 
 due diligence, allow them. But if the council shall he of the opinion 
 
 that by the use of due diligence on the part of the said sergeant, he 
 
 OOUld have collected any of the said taxes or other claims, then he 
 shall be chargeable With such as he might have collected. The said 
 nit shall do and perform all tin- other acts appertaining to the 
 office of sergeant of n corporation, and of a police officer and con- 
 stable within said town; and a- such, shall have the same powers, 
 duties, fees and liabilities a-' are by law prescribed to a constable. 
 He shall for hi- e such, compensation as shall he fixed Hboompa- 
 
 by the council. 
 
 11. All moneys belonging to the .-aid town shall be paid over to Moaqn, how 
 the treasurer; ami no money shall he by him paid out except as the pai oy 
 
 -hall have heen appropriated and ordered to he paid by the 
 
 coumil; and the said treasurer -hall pay the same upon the oertifi- 
 
 : the recorder, or in hii absence, upon the certificate of the 
 
 mayor. * 
 
 1-.'. [fthi said tre as urer shall fail to account for and pay over all or How ■ 
 
 any moneys that shall come into hi.- hands, when limn to required hy the '. 
 
 loum il. it shall be lawful for the council, in the corporate nam. 
 
 the town, by motion before any court of record held for Kanawha 
 conn- . r from the tn -. or tie u ; 
 
 pon a 1 r- jirescntntivt . that may he due from I irer 
 
 to said town, on t< n • 
 
rawing. 
 
 o«th« of officer* 43. Before entering upon the d n t i e s of their office, the s ergea nt, 
 treasurer, overseer of the poor and commissioner of the revenue shall 
 make oath or affirmation before Ac mayor, or person who for the 
 time being sliall preside at the oonneil meeting', t!;;it they will truly. 
 faithfully :unl impartially discharge the duties <>t' their office bo long 
 :is they shall remain therein. 
 
 II. And if the sergeant shall fail to at for and pay 
 
 over all the taxes, fines and other revenue of the town in hi~ hands 
 for collection, according to the condition of his bond, it shall be law- 
 ful for the council to recover the same, by motion, in the corporate 
 
 name of tin- town. Ik lore any court of record of the said county of 
 
 Kanawha, against the said sergeant, and his sureties in his said bond, 
 
 or any or either of them, his or their ezeoutOTS or administrators, on 
 gh ing ten days' notice of the same. 
 
 : 15. The said town and the taxable persons and property therein 
 
 ' all be exempt and free from the payment of any poor rates or road 
 tax, ami from contributing to any county expenses, for any year in 
 which it shall appear that said town Bhall, at its own expense, pro- 
 vide for its own poor and keep its BtreetS in order. 
 
 hi. All the rights, privileges and properties of the said town, here- 
 
 oontinaed tofore acquired and possessed, owned and enjoyed by any act now in 
 
 force, shall continue undiminished, and remain vested in said town 
 under this act: and all laws, ordinances, acts and resolutions of 
 council now in force, and not inconsistent with this act. shall he and 
 
 continue in full force and effect until regularly repealed by a council 
 
 elected as provided under this act. 
 
 17. This act shall at all times hi- Bubjeot to modification or repeal, 
 at the pleasure of the general assembly. 
 
 48. This act shall he in force from its passage. 
 
 Chap. '.mi. — An ACT amending the Charter of the Town of Bath in the 
 
 » ( 'omit v of Morgan. 
 
 Paw 'I February 1 1, 1861. 
 
 i-:,( |. Be it enacted by the general assembly, that the second section 
 
 of an act entitled an act amending an act passed February first, 
 eighteen hundred and eight, appointing trustees of the town of Bath 
 
 in the comity of Berkeley, and tor other purposes therein mentioned, 
 pasted March first, eighteen hundred and fifty-four, he amended ami 
 re-enacted so as to read as follows : 
 
TOWNS. W! 
 
 "§ 2. On the first Monday in the month of April annually, such When etoctton 
 of the inhabitants of said town aa are a1 tin- time they may offer to 
 voir qualified t<> vote for members of the general assembly, ^liall 
 elect five persons, who Bhall constitute the board of trustees of said Board of 
 
 trustees 
 
 town. ;in<l who shall in aHI respects be governed, and have the powers 
 conferred by said fifty-fourth chapter of the Code; any three oc 
 more of whom shall constitute s quorum fox business. Tiny slmll 
 hold their office for one year and until their successors are elected 
 and qualified." 
 
 2. Be it further enacted, that the fourth section of the act afore- Aci farthei 
 said, passed March the first, eighteen hundred and fifty-four, be 
 
 amended and re-enacted so a* to read as follows : 
 
 "§4. The president shall not vote except there be a tie. Ee President of 
 shall be ex-officio a justice of the peace within the limits of the said 
 town, and as Mali, upon the certificate of the clerk of the county 
 court, the governor shall commission him. lie shall, within the Powen 
 
 limits of said town, have power, as a justice of the peace, to receive 
 and certify the acknowledgments of deeds, as justices of the county 
 are authorised to do; take and certify depositions ; hear and deter- 
 mine causes within the jurisdiction of justices ; and generally to do 
 and perform any and all acts within the limits aforesaid, which jus- 
 tii'- of the county are authorized to do and perform, except that he Nol a monitor 
 shall not he a member of the court of said county : And to the end 
 
 aforesaid, he is hereby clothed with all the powers and authority, and 
 
 Subjected to all the duties within the limits aforesaid, which arc oon- 
 1 and imposed upon justices of the county by the constitution 
 and laws of this commonwealth." 
 
 "§ B. Be it further enacted, that appeals may be taken from the \ 
 judgment of such justice to the county court, in the mode prescribed 
 by law for taking appeals from the judgment of the justi* 
 
 " § f>. Be it further enacted, that an election for tn said when irn 
 
 town shall lie lnld on the first Monday in April next : and thcreupi 
 
 the present tru-ti is shall go out of office. The next election shall i; 
 
 nducted and superintended by the sherilT of said county, or in 
 bsence, by one of hi- deputies, or by any constable of 
 
 v : and upon the (Ins,. ,,| the poll, lie shall oertif 
 duly i ml all subsequent • under tin- a< t may he 
 
 ed in like manner. | ided by 
 
 the board of ti 
 
184 
 
 TOWNS. 
 
 Who may be 
 employi I OH 
 
 Vagranta 
 
 ( HAP. 91. — An ACT for tin- 1- I fWB of Danville. 
 
 Past-. 
 
 l. Be it enacted by the general assembly, that all persona com- 
 mitted to the jail of the town t ,\' Danville For punishment, or fox 
 default <>f security for the peaee or good behayior, may. by order of 
 the court or justice making the commitment, made at the time of 
 commitment, or afterward.-, during their confinement, by said court, 
 or any justice of said town, In- employed, under the regulation! of 
 the council of the said town, at labor open tin- streets of the said 
 town, or about such other public work as the council may prescribe; 
 and all vagrants, ami idle, dissolute persons, without meant of sup- 
 port, found in said town. may. by Order of the court of busting! for 
 
 tlir town, or of tho mayor or other justice thereof, be committed to 
 
 the said jail for a term nnt exoeeding twelve months at a time: to 
 be supported at the expense of the town, in such manner as the 
 council may prescribe, and to he employed in like manner, for the 
 term of their confinement. 
 
 Commencement 2. This act shall he in force from its passage. 
 
 intended 
 
 Chap. 92. — An ACT amending and re-enacting die Charter of the Town of 
 Guyandotte in tin- County of Cabell. 
 
 I'ass.cl March !?:!, lsill. 
 
 Be it enacted by tin' general assembly, that the charter of the 
 
 town of GrUyandotte in the county of CabeS be amended and rc-eii- 
 SOted ho as to read as follows : 
 
 Town of 
 
 adol : 
 
 Municipal 
 intnoritlei 
 
 1. Guyandotte in the county of Cabell shall continue to he a town 
 
 corporate, under the name of The Town of Guyandotte, within the 
 
 limits and li ds of said town, according to the plat <d' said town. 
 
 on record in the county court clerk's ollico of Cabell county : and 
 shall have and exercise the powers conferred upon towns by, and he 
 BUbjeCt to the provisions id' the fifty-fourth chapter of the Code of 
 Virginia, so far as the provisions of the said chapter are not in con- 
 flict with the provisions of this act. 
 
 2. The municipal authorities of said town shall he a mayor, re- 
 corder and live coiincilnien, who together shall form a common 
 council. 
 
 Town sergeant 3. There shall he a town sergeant, who shall have the powers and 
 perform the duties of a constable within the limits of said corpora- 
 tion, and shall he the collector of the revenues of the town. 
 
TOWNS. 1S5 
 
 4. The mayor, recorder and eouneilmen and the town sergeant How oAoen 
 Bhal] lie clrct.d hythe perBOnS who have h:id tlicir doniicil in tin- 
 
 said town for twelve months preceding the day of election, and who 
 .shall also he entitled to vote for members of the general assembly of 
 Virginia. 
 
 5. Their term of office shall be (except when elected to fill va- Term of office 
 canoies) for one year, and until tlicir successors shall have been 
 
 elected and qualified. 
 
 (i. The mayor, recorder and councilinen must be freeholders in the Qualification of 
 town, and entitled to vote for members of its oommon council. The 
 sergeant musl be one who is entitled to vote for members of the oom- 
 mon council of said town. 
 
 7. Whenever a vacancy shall occur from any cause in the office of vacancies 
 mayor, recorder or sergeant, the council for the time being shall at 
 
 once oni.r a special election to fill the vacancy; of which election 
 ten days' notice shall be publicly given by the council. 
 
 8. Before every election the council for the time being shall ap- superintendent = 
 point three or more of their own members, whose duty it shall be to 
 superintend said election, record in a poll hook the votes given, and 
 
 make return thereof and of the result of said election to the council. 
 
 !'. Whenever two or more persons for the same office at said dec- In ca»c of tie 
 tion shall receive an equal number of votes, the said commissioners, 
 or a majority of them, after proclamation made at the front door of 
 the town hall, that the polls are about to be closed, and after closing 
 
 the polls, shall decide and say which of said persons shall be returned 
 
 i ted. 
 
 10. < onto -\< d i hall be heard and decided by the council < ■ 
 
 for the tunc being 1 . 
 
 •11. Tf any DIM who shall have been duly ch Oted to any office under when nffire to 
 
 this chart r. shall refuse or fail to qualify according to 'law, or in the 
 it, also to give such bond as the council may have pro- 
 scribed, fnr ten days from the day of election, the council for the 
 time being shall declare hit said office vacant, and shall order ■ new 
 
 ch. nun to till sash 
 
 12. v> enevcr fp.ui any oat mcy uhall occur in the office VaoHKyki 
 
 the council for the time 1>< tag shall, by i \ 
 majority present, fill it by eh. q from among the 
 
 the town eligible t<> that office under tin 
 
 tyor cr recorder and at least threi (Jmnb 
 
L86 
 
 TOWNS. 
 
 P ow eri of 
 
 council 
 
 oouncilmen, or in the absenoe of both mayor ami recorder, the pre- 
 sence of four oounoflmen, shall be neoeesar] to constitute a 41111111111. 
 
 14. It shall be lawful for the council to establish ami oonstrnet 
 landings, wharvee and docks on any ground which does or shall be- 
 long to the said town, and to repair and alter or remove any landing, 
 
 wharf or dock which has been or shall he >o constructed, and to [ay 
 and collect a reasonable duty on the vessels coining to or using the 
 same ; and they shall have power to pass and enforce raofa ordinanoes 
 as shall be proper to keep the Bame in good order and repair : to pre- 
 serve peace and good order al the same, and regulate the manner in 
 which they shall be used. They shall have power to appoint as many 
 wharf masters for said town as may appear necessary: to prescribe 
 their duties. ii\ their fees, and make all regulations in respect to such 
 Officers BS to them may seem expedient. 
 
 Mayor, justice 15. The mayor, as well as the recorder when he shall act in the 
 place of the mayor, shall be ex-offipio a justice of the peace within 
 the town, and shall within the same exercise all the powers and du- 
 ties vested in the justices of the county, except that he shall not he 
 a member of the county court; and appeals shall lie from his deci- 
 sions in all cases in which he shall act in the capacity of a justice in 
 .said town, in the same manner that appeals lie and may hi' taken from 
 the decisions of justices in said county of Cabell. 
 
 Compensation 1G. The mayor and recorder shall each receive a compensation 
 for his services, to be fixed by the council ; which shall not be in- 
 creased or diminished for the term lor which each or either shall have 
 been elected. 
 
 Former powi n, 
 &c. contiuuril 
 
 17. All the rights, privileges and properties of the said town, here- 
 tofore acquired and possessed, owned and enjoyed under any act now 
 in force, shall continue undiminished, and remain rested in said town 
 under this act; and all laws, ordinances, acts and resolutions of 
 council now in force, and not inconsistent with this act, shall be and 
 continue in full force and effect until regularly repealed. 
 
 CommiHHionerri 
 of election 
 
 18. The council of the town of Guyandotte shall appoint three 
 commissioners (tWO of whom may act), under whose superintendence, 
 on the third .Saturday in April, eighteen hundred and sixty-one, at 
 the town hall in said town, an election shall be held for members of 
 the common council as aforesaid, and for a sergeant. Such elec- 
 tion shall be conducted, agreeably to the foregoing provisions in this 
 act, with regard to the mode of conducting elections for the said 
 town : and the election for officers aforesaid shall be annually on the 
 first Monday in June. 
 
 Commencement 19. This act shall be in force from its passage. 
 
TOWNS. 1^7 
 
 Chap. 03. — An ACT to incorporate the Town of Asluny. 
 i March 35, 18G1. 
 
 1. Be it enacted by the general assembly, that the place called Town of Aabnrj 
 Asbury cam]) ground in the county of Wythe, shall he and the same 
 
 is hereby made a town corporate, by the name of Asbury; ami by 
 th;ii oame, shall have and exercise the powers conferred upon towns 
 by, and he subject to the provisions of. the fifty-fourth chapter of the 
 Code of Virginia, so far as tin' provisions of said chapter are not in 
 conflict with the provisions of this act. 
 
 2. Tim boundaries of said town shall be as follows, viz: Begin- Boundaries 
 ning at a white oak near Asbury church; thence N. 53° E. 22 poles, 
 
 tQjtwo hickory saplings; N. 67° E. 20 poles, to a stake; N. 65° E. 
 2.'5 poles, to two sugar trees : N. ''> D W. 18 poles, to a stake; N. 67° 
 E. 12 poles, to a white oak : X. 54 poles, to a maple; S. 3.")° W. 57 
 poles, to a Bugar tree: thence 12 poles, to a beech on the bank of a 
 creek; S. 25 W. 54 poles, to the beginning. 
 
 3. The officers of said town shall consist of five trustees, three of officer* 
 whom shall form a quorum to transact business, and a sergeant, who 
 
 shall hold their office for one year, or until their successors are ap- 
 pointed. 
 
 ■1. William Ward. J. (i. Keesling, William B. Buchanan, A. Commissioners 
 Vaughf and '/.. Mitchell are hereby appointed trustees of said town, 
 to ait as such until others may be elected, and they are authorized to 
 act as commissioners in holding an election at any time, after giving 
 twenty days' notice by advertisement at said town and the courthouse 
 
 of the county. And the parties thus named are authorized to appoint Sergeant, how 
 
 such in all matters of police, but not otherwise, in '' ] ' r " u 
 said town of Asbury, and for the distance of one mile ill an}- direc- 
 tion, until his BUCCeSSOI i- fleeted. 
 
 Ihi> act shall he in force from its passage, and shall he subject Oommea 
 
 to i lifieation or repeal at any time at the pleasure of tlie genera] 
 
 MM mldy. 
 
 Chap, '.M. — An ACT end .'in set incorporating tbe Town of C'hris- 
 
 >urg, and extending the limits ol 
 
 1 M:.rrli 11 
 
 1. B ted by the general assembly of Virginia, that the Corporate Uayai 
 
 corporate limits of the town of Christiansbu] tab- 
 
 lish< d by law . shall he and the same are herebj extended and enlai 
 so as to include within the in so nu< I i ontained 
 
1SS TOWS& 
 
 within the following boundary: Beginning at a rook on the north 
 
 side of and at the western end of .Main Btreet, a corner of tin- old 
 town land opposite the lot of E. < Gardner : theno i S. 21 E. 1 1 poles, 
 
 OTOSSing saiil street. to a Btake; B. ">7 I'.. L60 poles, to a stake: \. 
 
 B E. !-". to a Btake; X. I W.96 poles, to a stake ; N. 74 W. 
 ]■','. poles, crossing the eastern end of Main street, to a stake; s. tSP 
 E. 10 poles, to a .Make : S. -; \v. in poles, to a stake j B. ?•"> W. 
 
 poles, to a stake: S. S6j| W. 26 poles, to a reek on the old Me- 
 thodist church hill: X. 77 W. 8 poles, to a stake \ X. 60 \V. 30 
 poles, to a stake: s. 20 W. 50 poles, crossing Franklin Btreet, and 
 
 along Kail read street, on the north Bide thereof, to a stake; S. 17 
 
 W. 245 poles, along and on the north Bide of Bail mad street, to a 
 Btake on the line dividing the lots id' Ik F. Curtis and the heirs of 
 
 William Wade: s. 44° E. 114 poles, to a stake in the line of B. If. 
 Bfokock'e lot : S. If) E. 70£ poles, to a stake on the line of King's 
 hill lot opposite the poinl of intersection with Centre street ; s. 52 
 E. 711 poles, crossing Centre street, and along the line of the lot 
 formerly owned by George Clare, tea stake in the line of H. M. 
 Ghent; and thence an easterly direction along- his line to the line of 
 Hamilton Garner; and thence a straight line to the beginning-. 
 
 Officers 2. The officers of said town shall he a mayor, live councihnen and 
 
 a Bergeant, who shall have the powers, he liable to all the penalties, 
 and perform the duties of a constable within the limits of said cor- 
 poration. The election of these officers shall take place biennially, 
 and they shall continue in office until their successors are appointed. 
 The sergeant shall, before entering upon the discharge of his duties, 
 take an oath of office, and execute a bond to said corporation, in 
 such penalty and with such security as the council shall require, con- 
 ditioned for the faithful discharge of the duties id' his offioe during 
 his continuance therein. This bond shall be recorded in the county 
 court of Montgomery county, and the same proceedings shall be had 
 thereon as may be had against a sheriff or constable under the Code 
 of Virginia. 
 
 Power of coun- 3. The council shall have power for good cause to remove the 
 Bergeant from office, and to declare the same vacant ; and they may 
 order a special election to fill a vacancy in said ofliec for the unex- 
 pired term; and until such vacancy is Idled, may appoint a sergeant 
 pro tempore. 
 
 Quorum 4. A majority of the council shall constitute a quorum for the 
 
 transaction id' business. The mayor shall preside at the meetings of 
 the council, but shall not vote unless there is a tie. In his absence, 
 any member may preside. 
 
 other officers, 5. The council may appoint a treasurer and such other officers as 
 may be necessary, and fix their duties and compensation : and they 
 
 how appointed 
 
TOWNS. 189 
 
 shall have power to pass all by-laws and ordinances deemed by diem 
 
 necessary to suppress crimes forbidden by the laws of this comnion- 
 wealth : td prevent and suppress disorderly, riotous and inJiecenl 
 
 Conduct, and all violations of public morals: and shall also ha\e 
 
 power iii enforce all such by-laws, and provide the mode and manner 
 of punishing their infraction and violation, by fines not exceeding ten 
 dollars, and by imprisonment in the county jail of Montgomery 
 
 county. 
 
 ii. The council may, for the purpose of opening, altering, improv- Powenof 
 
 ing and lighting the streets, alleys, walks and public grounds in tie- 
 
 said town, and for the purpose of providing water works, magazines, 
 
 markets, fire engines and other tire apparatus, and places lor the in- 
 terment of tin' dead, contract loans and issue certificates of debt and 
 bonds; but the same shall not lie irredeemable for a period more 
 than thirty-four years. And the said council shall, by levies or 
 otherwise, provide annually for the payment of the interest and one 
 per cent, of the amount of said bonds or certificates of debt. But 
 no momy shall be borrowed or certificates issued by the council un- 
 der this section, unless a majority of the voters of said town shall 
 have previously authorized the same. 
 
 7. The council may prevent hogs, dogs and other animals from n 
 running at large within the corporate limits, and may subject the 
 same to such regulations and taxes as it may deem proper. 
 
 B, An appeal may be taken from the decision of the mayor in all Appeals, how 
 
 and under the same limitations in which it COUld be taken from 
 a decision of a justice; and the same shall be docketed, heard and 
 tried in the county court of Montgomery county, in the same manner 
 appeals from the judgment of justices are determined. 
 
 !». The residents of said town shall not hereafter be liable to work Exempt from 
 the roads of the county ol .Montgomery lying outside the limits ofj^dto 8 
 said corporation. 
 
 10. All acta and parts of acts inconsistent with this act shall be incomd 
 
 and the same are hereby n pealed : and the provisions of the fifty- , 
 fourth chapter of the < lode of Virginia, so far as the same are not in 
 
 conflict with this act. shall be held and deemed a part of thi- act. 
 
 Chap, 96. — An At I the Charter of 1 1 j < Town of Union in the 
 
 i tv 1. 1 Mm 
 
 - 
 
 1. ubly. that the board of trus- | 
 
 ■ if the town of Union in the count} of Monro., f-hall annualh 
 appoint a - i town, whme duty it nhall lie to collect all 
 
190 
 
 TOWNS. 
 
 table 
 
 Bondtobe 1 1 1 « - town taxes, levies and fines. Ee shall give bond anil security, 
 
 to be approved by the board, in the penalty of two thousand dollars, 
 payable to the commonwealth, conditioned for the faithful perform- 
 ance of his duties a> Mich sergeant, and shall take the Beveral oaths 
 prescribed by law for other officers, to be administered by or in the 
 presence of said hoard: a minute whereof shall be recorded by the 
 board. And thereupon the said sergeant shall have all the powers 
 and be liable to all the liabilities of a constable: and may act in all 
 
 civil and criminal cases to the same extent a< a constable; and his 
 
 bond, when approved of as aforesaid, Bhall he recorded by the board, 
 
 and tiled witli the clerk of the enmity court of Monroe county for 
 safe keeping, and may he put in suit from time to time in the same 
 
 How proceeded manner as constables' bonds are put in suit. Upon a failure to col- 
 led the taxes or lims ef .sdd town, or tor failing to pay the same 
 over according to law. the board of trustees or other person aggrieved 
 
 Bhall have power and authority to proceed upon said bond in the 
 
 circuit or county courts of the county of Monroe, by motion or other- 
 wise. All persons ami property resident or Mtuatcd in town on the 
 first day of February, Bhall he liable to taxation for the current year. 
 
 ■gainal 
 
 ("ons'T-- . 
 
 ; 
 
 jnHtiee 
 of the | 
 
 Hi.-' Hilary 
 
 Tatrols 
 
 2. That each member of said board shall he a conservator of the 
 peace in the said town, and for one mile around the same. The 
 president of the board shall he mayor of the town, and as such, shall 
 take the oath of office, and the oaths prescribed by law for other 
 officers, before or in the presence id* said hoard: of which a minute 
 shall he made upon the proceedings of the hoard. The mayor shall 
 have all the jurisdiction of a justice id' the peace in both civil and 
 criminal cases, except lie shall DOt'sil 11)1011 the bench of the county 
 court: reserving to the parties the same right of appeal from his 
 judgment that they have from the judgment of a justice, lie -hall 
 also he entitled to the same i'ver' for taking depositions, the acknow- 
 ledgment of deeds, and so forth, which arc allowed to justices, and 
 may lie allowed a sum for his services by the board not exceeding 
 fifty dollars per annum. 
 
 3. The board of trustees, instead of the county court, Bhall have 
 power to .appoint patrols in and for said town, and for one mile 
 around the same. 
 
 comm.nccmont 4. This act shall be in force from its passage. 
 
 Chap. 96. — An ACT amending the third section of an act entitled an act 
 incorporating the Town of Portsmouth as a City, passed March 1, 1858. 
 
 Passed March 18, 1861. 
 
 Act of 1858 I- Be it enacted by the general assembly, that the third section of 
 
 an act passed March the. first, eighteen hundred and fifty-eight, enti- 
 
TOWNS. 191 
 
 tied an act, incorporating the town of Portsmouth as a city, be 
 amended and re-enacted, so as to read as follows: 
 
 "§.'}. The said COUrt shall have jurisdiction, and the major and Powers of court 
 aldermen shall each have the powers of a justice of the peace within mayoress 1 
 said corporate limits, and every part thereof, for matters arising i,1 ' 1 " nncn 
 within the Bame, according to the laws of the commonwealth, in the 
 same manner, and to the Bame extent, and under the same laws, 
 rules and regulations, thai the county courts of this commonwealth 
 now have and are now Bubject to, or as they may hereafter have or 
 be subjected to by law. And the said court shall also have jurisdic- 
 tion, and the said mayor, recorder and aldermen shall also each have 
 the powers of a justice of the peace, not only within the said corpo- 
 rate limits, but lor the space of one mile without and around every 
 part of the southern and western boundaries of said city ; and also 
 extending on the northern boundary to, and including the waters of 
 the Elizabeth river, for matters arising within the same, according 
 
 to the laws of the commonwealth. And furthermore, the said COUXt Jurisdiction of 
 
 shall have concurrent jurisdiction with the city and county of Nor- court 
 folk ever die waters of the harbor and southern branch of the Eliza- 
 beth river: and any presentment made in said court by a grand jury, 
 for an offence against said laws, committed within the jurisdiction 
 
 thereof, may be prosecuted in said court in like manner, and the like 
 proceedings be had thereon as in the county courts of this common- 
 wealth. The members of the said court of hustings shall consist of Of what number 
 
 twelve other than the mayor, of whom, until the council shall other- 
 wise pr< BCribe, there shall be six fur each ward." 
 
 2. This act shall be in force from its passage. Commencement 
 
 ( hap 97. — *v ti ACT to incorporate the Town of Bathbone in the County 
 
 of Win. 
 
 ■1 \pril2, 1861. 
 
 1. Be it enacted by the general assembly, that the town of Rath- Rat&boM 
 
 in the county of Wirt, a- the same ha- been ami shall be laid 1 '""' 1 
 off into lot ami alleys, aj follows: Beginning at the lower BonndariM 
 
 end of the tract of land now owned by William I', and .1. ('. Kath- 
 Done, wImtc said tract touches the Little Kanawha river: thence 
 leading said river with said Rathbones 1 line,. t«. their back line; 
 
 e with their several bach lines, to the intersection of the same 
 
 with the lands of J. Y. Bathbone ami others, on Burning spring run. 
 the tract on which -aid .1. V. Rathbone now resides; thence 
 with the levi ral lim - .,f Mid Uttt mi ntmm-d tra< t. to the point w ! 
 
 it ton river; tie; river with its meand< 
 
 II be. and the ■ un corp : 
 
192 TOWN-. 
 
 by the name and style of The Town ofRathbone; and by that 
 name, shall have and exercise the powers, and be subject to all the 
 provisions of the fifty-fourth chapter of tin- Code of Virginia! exoepl 
 so far as herein otherwise provided. 
 
 Offloen 2. The offioen of said tOWD shall consist of a mayor, five coun- 
 
 cilmen and a sergeant : which last mentioned officer shall have the 
 powers and perform the duties of a constable within the limits of Baid 
 corporation, and within one mile of its bonndarii 
 
 lected 3. vrin- said officers shall be elected by the white male inhabitants 
 
 of the said town who sh:iH be twenty-one years of age or upwards, 
 who are owners of land, or any interest therein, in fee or for any 
 term, within the boundaries of the said town. The said election 
 shall take place on the third Saturday in April annually; and the 
 mayor and OOUncilmen shall continue in authority until the third 
 Saturday in April in each successive year, and until others shall be 
 qualified in their stead, and no longer. 
 
 Mayor, justice 
 
 4. The mayor of said town shall be and is hereby constituted ex- 
 officio a justice of the peace within the limits of the said town. 
 
 Powers of 
 council 
 
 5. The council shall have power to appoint a police, <>f such num- 
 ber as it may deem proper, for the purpose el' preserving order in said 
 
 town, and to guard against lire, and protect and preserve the property 
 
 in said town. And tor the purpose of enabling the council to carry 
 out the provisions of this act. and particularly to guard againsl the 
 
 dangers <>\ lire, and to preserve the good order of the town, the coun- 
 cil arc hereby authorized and empowered to levy such tax on all the 
 owner- of land, or of any intere.-t therein, within the boundaries of 
 said town, as may he sullicient for that purpose; and such levies 
 shall he a lien on the said land or other property to the extent of the 
 interest of the persons assessed with said taxes at the time of such 
 assessment. 
 
 ' ! unci 
 
 alleys 
 
 <!. The said council shall not have power to lay oil' any streets. 
 Walks OT alleys without the consent of the owners of the lands through 
 Which the same pass, and all persons having any interest in such 
 lands; hut nothing herein shall impair any right of Way existing by 
 the common law, Or any contract. 
 
 Provisions of 7. The fifty-fourth chapter of the Code of Virginia shall be held 
 
 adopted 'and deemed a part of this act, so far as the provisions of the said 
 
 chapter are not in conflict with the provisions of this act. 
 
 Commencement 8. This act shall be in force from its passage, and shall be subject 
 to amendment or repeal, at the pleasure of the general assembly. 
 
TOWNS. I!):; 
 
 Chap. 08. — Au ACT to incorporate the Town of Independence in the 
 Comity of Grayson. 
 
 Pi ued Aprl] 8, L861. 
 
 1. Ro it enacted by the general assembly of Virginia, thai the Town mcni 
 village of Independence in the county of Grayson, as the same has 
 heretofore been laid off into lots, streets and alleys, and as the same 
 
 may hereafter be laid off into lots, streets and alleys, be and the 
 same is hereby made a town corporate, by the name of Indepen- 
 dence; and by that name, shall have and exercise the powers con- 
 ferred upon towns by the fifty-fourth chapter of the Code of Vir- 
 ginia, and be subject to all the provisions of the said chapter of the 
 Code. 
 
 2. The officers of tin- said town shall consist of five trustees, who Officers 
 shall compose the council (three of whom may act), and a Bergeant, 
 
 who shall hold their offices for one year and until their successors 
 are appointed. The said council shall have power to pass all by- Power* oi 
 laws and ordinances for the government of the said town that tiny'" 
 may deem proper, and also to provide for keeping ihe streets in or- 
 der and paving the same, and for other necessary improvements; for 
 which purpose they may levy such lax as they may deem necessary. 
 
 •'!. The council shall elect from their own number a president, President oi 
 who shall preside at all the meetings of the council, and when they counci 
 are equally divided, shall, in addition to his individual vote, give the 
 casting vote : and lie shall be invested with all the powers of a jus- rowemof jus- 
 tice of the peace within the precincts of said town. cc ° ptM ' 
 
 4. Alexander M. Davis. Granville II. Mathews and Robert H.' ramk 
 Huffman shall be commissioners, \\ 1 1 o - ( ■ duty it shall be to hold an 
 election for the trustees and sergeant on the fourth Saturday in June 
 
 teen hundred and sixty-one. 
 
 5. This act shall be in force from it- | Coxnmencemriit 
 
 ( 'iimv M — A- ' the corporate limits of the Townoi 
 
 '•urp. 
 
 " Tasned Mar. 
 
 I. Be it enacted by the general assembly, thai the eoiporat 
 Limits of the townoi bYederiosatwrg is theoountyof - nia.'* 
 
 Bretofore established by law. shall be and tiny an ha 
 tended and cnl; nclndc within the same so mncfa land 
 
 btkaging to tl iter power oom] tttn 
 
 13 
 
194 
 
 T0WN8. 
 
 i • following boundaries, vis : Beginning at a poinl 67 feel v 
 
 E. fr"in the northeast oorner >t«>m- (.f tin- present boundary of 
 town ; :ii!(l running tin nee op the Rappahannock river twelve hun- 
 dred and fifty feet, to i -tun.-: thenoe W. fonr hundred ami 
 sixty-sii feet, to a stone; thenoi 8. I W. three hundred and 
 aty-seven feet, to ■ stone; thenoe 3. hundred and 
 I ; feet, to a Btone; theno 3. 38 W. two hundred and eighty- 
 five feet, to a stone; thenoe 8. 25J K. one hundred and forty-fbm 
 feet, to a stone in a line with the present corporation line; ' ; 
 with said line N. 64J I", six hundred and eighty feet, to the poinl 
 ■if beginning and particularly set out and described in a survey 
 and plat mad.' by Carter M. Braxton, dated the twenty-third day of 
 January eighteen hundred and sixty-one, and deposited in the clerk's 
 office of the corporation court of 1 1 » « • said town. And the said land. 
 
 50 taken into the limits of the said town, shall be and the same i< 
 hereby made a part of the town of Fredericksburg, and Bubji 
 
 the same by-laws, rules and regulations, as if the same had been in- 
 eluded within the original limits thereof; and shall be Bubjeot to the 
 provisions and enactments of all Buch aets of the general assembly 
 of Virginia as have from time to time been passed for and concern- 
 ing the said town and its inhabitants, s'mee the same was established 
 
 51 a town. 
 
 rownrx-nocmont 2. This net shall be in tune from its passage. 
 
 '''«•> by 
 act of 
 
 Bonndariei 
 
 cn\!\ 100. — An ACT amending certain acts concerning the Town of Fori 
 Royal in tl ■ of Caroline. 
 
 i\. • . binary IS, 18 
 
 I. ]5c it enacted by the general assembly, that the boundaries of 
 the town of Port Royal in the county of Caroline, established by an 
 
 act entitled an OCl for establishing a town near Key's warehouse in 
 
 the county of Caroline, and for other purposes therein mentioned, 
 passed in September seventeen hundred and forty-four, in the eigh- 
 teenth year of the reign of King George the Second, dial] be and 
 the same are hereby defined as follows: Beginning at the water 
 fence on the land belonging to the heirs of John II. Bernard de- 
 ceased, and extending in a Btraighl line to fifty yards beyond the 
 limits of the vacant lot on the west side of the said town. b< longing 
 to Charles !•'..( : ihhs : running thenoe in a straight line on the south 
 side of the said town to the corner of the vacant lot owned hy Dr. 
 ( harles Drquhart : theme ruining in a straight line on the east side 
 of said town, to the Rappahannock river. 
 
 lei <,f 1839 
 
 sttm-iuU'il 
 
 •.'. Be it further enacted, that the first, second, third, fourth, fifth 
 and sixth sections of an act entitled an act to appoint trustees of the 
 
TOWNS. I ') .", 
 
 town of Port Royal in the county of Caroline, with certain powers. 
 passed on the twenty-ninth day of January in the year one thousand 
 eight hundred ami twenty-nine, ho and the same is hereby re-enacted 
 and amended so as to read as follows : That Charles Urquhait, .lolin Tin* 
 B. Lightfoot, Thomas C. Burrows, John J. Gravatt, A.J. Kendriok, ■w K,toted 
 a. w. Catlett. W. H. Farinholt, J. M. Shaddock and c. B. Page be 
 and they are hereby appointed trustees of the said town of Port 
 Royal, who, before entering opon the duties of their office under the Oath 
 authority of this act, Bhall respectively take an oath or make solemn 
 affirmation before some justice of the peace of the county of Caro- 
 line, well and truly, faithfully and impartially to do. exeoute and 
 perform the duties of tlieir several offices, as prescribed bj this act, 
 to tlie best of their skill and judgment, and shall, after taking such 
 oath or making such affirmation, proceed to choose of their own ■ 
 body, one person to preside at their meetings, and give die casting 
 vote .-it any legal meeting of the trustees of the said town, whenever 
 they are equally divided: and in the event of the death, legal disa- Vscanclei 
 hility. resignation or removal out Of the said town of any one or 
 more of the said trustees, it shall he lawful for the resident-' of the 
 
 said town qualified to vote tor all officers elective by the people under 
 the constitution of the commonwealth, to meet al some convenient 
 place therein (to he appointed by one or more of the remaining trns- 
 : hereof), and from time to time by their ->: >4 which 
 
 place of meeting at least tin days' previous notice shall he given), 
 and then and there elect, by viva voce vote, a suitable person 
 or persons fco fdl such vacancy or vacancies: and such trustee or 
 trustees so elected shall, after taking an oath or making s solemn 
 affirmation before some justice of the peace of the county of Caro- 
 line, well and truly, faithfully and impartially to do, execute and 
 perform the duties of the office of trustee as aforesaid, as prescribed 
 by this act. to the best of hi- or their si<jii and judgment, shall be 
 
 •1 with as full and complete authority to the duties of 
 
 the isid office of trustee as aforesaid, as if he or they had been ap- 
 pointed by this act. 
 
 :t. The person so elected president of the hoard of trust) 
 ■for es aid , shall hereby invested with the powers and autho- 
 
 rity of ■ justice of the peace within the said town, and a mil : 
 
 orporate limits thereof, to have and to tho Mke juris- 
 
 diction in all ca-« - whatsoever, originating within the said limits, 
 
 t the com . but acth; der 
 
 the by-laws and ordinances of the said town, i the 
 
 ;<■ o r ,,f the r- with the 
 
 general laws ( ,f the land : particularly - m li n the duties of 
 
 \lld It I- ' .• 'lie duty of 
 
 iideni - all 
 
 disturl rly conduct within the said limits, lie 
 
 -hall al-" 1 '. tannine all pn 
 
196 
 
 TOWNS. 
 
 
 outu and controversies erieing under the by-laws end ordi- 
 
 nances, impose Gnat, and bane executions for their collection, and 
 
 may commit to the jail of the said county till said fines arc paid. 
 
 parties the right of appeal to the oounty oonrl of Cam- 
 line. In all oases whateTei wherein the fine or other matter or thing 
 shall exceed the sum of ten dollars, appeals shall be taken in the 
 same tune and manner and upon the same terms, that appeals arc 
 now taken by law from judgment! of a single justice of the peace. 
 
 jaii 4. For the purpose of carrying into effect the ponce regulations 
 
 of said town, the said trustees and their successors in office shall be 
 allowed the use of the oounty jail of Caroline county for th< 
 keeping and confinement of all persons who shall be sentenced to 
 imprisonment under the ordinances of said town. 
 
 i 
 
 called 
 
 Subject to 
 
 . •: laws 
 
 ."i. The presiding Or any tWO Of said trustees shall have power to 
 
 call a meeting of said trustees so often as occasion maj require; 
 which meeting shall be composed of five members at least, including 
 
 the president, or in his absence, a president pro tempore, elected by 
 any four of said trustees who may be present, and all questions be- 
 fore a meeting of said trustees shall he decided by 8 majority of the 
 trustees present, each having one vote, except the person who pro- 
 sides, who shall vote only when the others are equally divided. 
 
 G. The trustees of the said town shall have and exercise the 
 powers conferred upon towns hy, and he subject to the provisions of 
 the fifty-fourth chapter of the Code of Virginia, so far as the provi- 
 sions of said chapter are not in conflict with the provisions of this 
 act. 
 
 Power t«i levj 
 taxes 
 
 7. The said trustees thus constituted shall have power to S6I 
 and collect an annual tax within the said town, for the purposes be- 
 fore mentioned, on all such property as is now subjected to taxation 
 Rateof taxation by the revenue hiws of this commonwealth : provided, that the tax 
 on real estate shall not exceed in any one year fifty cents on every 
 hundred dollars value thereof, and twenty-live cents on all tithahlcs 
 within said town : and provided also, that the tax tube imposed on 
 all other property and inhabitants of said town, subject to taxation 
 as aforesaid, shall not exceed the taxes on the like subjects now im- 
 posed by the revenue laws of this commonwealth, unless such excess 
 shall have been authorized by a majority of the inhabitants of the 
 said town, and qualified as aforesaid to vote for the trustees thereof. 
 
 ble, how 
 appointed 
 
 b. The said trustees shall have power to appoint a constable or 
 
 town collector, who shall have and possess the like right of distress 
 
 and powers of collecting the said taxes, service and return of pro- 
 
 arjaing under the authority of this act, and of any by-law made 
 
 in pursuance thereof, and shall be entitled to the same or like fees 
 
TOWNS. 1 07 
 
 and commissions as sire allowed by law to comity constables fnr simi- 
 lar duties :iik1 services. The said constable, or town collector shall To execute 
 execute bond with Approved security, in such penalty as Bald trustees 0D 
 may deem necessary, payable to tliem ami their successors in office, 
 conditioned for the faithful discharge of his duties ami payment over 
 of said taxes ami other moneys by him collected or received in virtue 
 of bis said office ; and he and bis securities, Ids and their executors 
 
 and administrators, shall he subject to BUoh proceedings, by motion 
 
 or otherwise, before the county court of Caroline, for enforcing pay- 
 ment of Mich taxes or other moneys by him collected or received as 
 
 aforesaid, at the suit or motion of the said president and trustees, or 
 other person entitled. ,-is collectors of county levies arc by law sub- 
 ject to for enforcing payment of the levies by them collected. 
 
 9. In case of the misconduct of any officer of the said town ap- iv,wrr tore 
 pointed by the trustees thereof, under the authority of this act. they """" ' ' 
 the said ti '1 have power to remove the offender, and supply 
 
 the vacancy thereby occasioned : and in case of vacancy in the office 
 of trustees of said town, such vacancy may be filled within thirty 
 days, by an election, as in the first instance, made by the qualified 
 Voters of the said town as aforesaid. 
 
 10. In order the better to determine what persons arc liable to who liable to 
 taxation in said town, it is hereby declared that all persons liable to ,axatI0n 
 taxation as herein before provided, and residing in said town, annu- 
 ally, fin the first day of February, -hall be subject to taxation the 
 
 then current year. 
 
 11. All fines, penalties and amercements, ami other moneys re- r 
 Oeived or raised by virtue of this act. and not otherwise directed to 
 be applied, shall be at the disposal of the president and trustees, for 
 the ue and benefit of the said town. 
 
 12. Tim act shall be in force from its passage. rnmniPDcrmont 
 
 Coat 101. — An LI I ding tbe second section of a 
 
 I ! , ■ ■! April (i. ! - 
 
 PanK.l February 
 
 l. Be it blv. that the 
 
 of an act cntithd an act incorporating the town of Bethany, pa 
 April the sixth, eighteen hundred and fifty-three, be amended and 
 
 ■ 
 
 The officers of said town shall consist of nine trustees (fivi 
 of WDM! I nd chall hold 
 
L98 
 
 TOWNS. 
 
 their ofSoei for mm year ami until their successors are appointed, 
 and a sergeant, who shall be elected annually. The said Bergeanl 
 shall have power to perform the duties of a constable within the 
 limits of Brooke county, and shall be subject to the liabilities and 
 penalties imposed upon a constable by the Code of Virginia, and 
 shall give such bonds as shall be required by the board of trustees of 
 the town of Bethany." 
 
 Com: '.'. This act shall be in force from its passage. 
 
 ( 'ii ip. 102. — An A( "I' to incorporate the Town «( Cameron in tin- County of 
 
 Marshall. 
 
 orated 
 
 Passed i'i binary 1 1. 1861. 
 
 1. lie ii enacted by the general assembly, that the town of Came- 
 ron in the county of Marshall, as the same has been laid nil' into hits. 
 
 streets and alleys, and as the same may he laid off into lots. Btreets 
 and alleys, shall he and the same is hereby made a town corporate, 
 by the name of The Town of Cameron ; and by that name, shall have 
 and exercise the (lowers conferred upon towns hy. and he suhject to 
 
 the provisions of the fifty-fourth chapter of the Code of Virginia. 
 
 ■ 
 
 Duties of 
 mayor 
 
 Powern of 
 council 
 
 2. The officers of said town shall consist of a mayor, live council- 
 men and a sergeant, who shall have the power and perform the duties 
 of a constable within the limits of said corporation; all of whom shall 
 he elected hy the white male inhabitants of said town of the age of 
 twenty-one years and upwards, who shall have been resident of said 
 town six months and of the state one year preceding the election. 
 The said election to take place on the tir.-t Tuesday of April annu- 
 ally ; ami the mayor and councilnien shall continue in authority until 
 the first Tuesday in April of each year, or until others shall he elected 
 and qualified in their stead, and no Longer. 
 
 3. The mayor shall preside over the meetings of the oounoilmen, 
 
 and sliall sign all ordinances and hy-laws enacted hy the same, hut 
 shall have no vote except in case of an equal division among the 
 eouneihnen. when his vote shall decide, lie shall have the powers 
 and duties of a justice of the peace within the limits of the corpora- 
 tion, and in respect to all cases arising under the corporation ordi- 
 nances and by-laws, and before he enters upon his duties shall take 
 the oath prescribed hy law. 
 
 4. The oounoilmen shall have power and authority to appoint an 
 alderman, who may or may not he a member of the hoard of coun- 
 cilnien, who sliall have and exercise all the powers of the mayor in 
 his absence : to establish and lay out streets, lanes and alleys in said 
 
TOWNS. 199 
 
 town, by ami with the consent of the county court; and the same 
 which may be and arc now opened, t<> name, improve and keep in 
 order, tn pave the same, and for other necessary improvements; for Taxation 
 Which purpose they may levy SUOb tax as they may deem necessary: 
 and in consideration thereof, the citizens of said town are hereby ex- 
 empted from working on the county roads of Marshall. They shall 
 license and regulate shows and public exhibitions within the limit- of 
 
 said town, and the same to tax in such reasonable manner any amount 
 they may deem expedient : and finally, to make all such ordinances Order and good 
 and by-laws, not inconsistent with the laws of the United States or 
 of this state, they may deem necessary and proper for the good go- 
 vernment of the said town; for restraining injury to property, str< 
 lams and alleys of the town, and for the prevention of riotous and 
 disorderly conduct within the town limits, fines and penalties not ex- 
 Oeeding twenty dollars for any offence, to he recovered with CO 
 
 which sums, so recovered, shall l>e paid into the town treasury. They Officer* 
 
 shall have power annually to elect a sergeant, with one or more I 
 gistants, and a treasurer, removable at their pleasure for misconduct, 
 who shall respectively execute to the said councilmen bonds with good 
 security, for the faithful performance of their duties. The said ser- Dm • 
 geant shall execute the lawful mandates of the said eouiieilnien and 
 of the mayor, and shall, to the best of his ability, preserve the peace 
 and good order of the town, and shall receive such compensation as 
 tie- COUncilmen may allow. The said treasurer shall also discharge Dutl 
 all the duties required of him by the said councilmen in relation to 
 receiving and disbursing all moneys of said corporation. They the 
 councilmen shall also have power to assess find collect an annual tax- 
 within the town for the purpose before mentioned, on all such pro- 
 perty as is now subject to taxation under the revenue laws of the 
 commonwealth, except such lands as may he included in the corpo- 
 rate limit-, not laid off into lots, transferred and numbered : pro- B 
 vi.h .1. that the tax on real estate shall not exceed in any one year 
 fifty o nt- "ii every hundred dollars th< reof; and the tax on each tax- 
 aide inhabitant of said town shall not exceed one dollar: ami pro- 
 viih d also, that the taxes imposed upon all other property or inhahi- 
 Of said town shall not exceed the taxes imposed upon the like 
 
 subjects by the n venue laws of this commonwealth, unless sucl 
 
 ball have been authorized in writing by two-thirds of the taxa- 
 
 hle inhabitants of said town qualified to vote for councilmen. ,\p- 
 
 ihall lie from tin' decision of the mayor in all cases in which he 
 ■hall act in the capacity of a justice of said town, in the same man- 
 lier that appeal! lie and may he taken from the •: 
 
 id county of Marshall. 
 
 .">. Pot the pnrp-. • the police regulati 
 
 1 town of Cameron, tin town shall lie allowed the use of the 
 
 county jail of Marshall count;. previously obtained the . 
 
 ity court, for the safe k< i ping and < onfim m< at of all 
 
200 
 
 h'V, MS. 
 
 persons who shall be Bentenoed to imprisonment under the ordinances 
 id town; and all persons so confined shall bo under the charge 
 and custody of the sheriff of said county, who shall reoeiye ( keep and 
 disohaige in snob manner aa shall be prescribed by the ordinanoei "i 
 said town, or otherwise be discharged by due course of law. 
 
 •ii inperlntend 
 
 6. S. B. Stidger, John Elliott, James Et. Bell, William McCo- 
 nanghey and William 'J'. Head arc hereby anthorised to hold aa 
 election, agreeably to the aforesaid charter, for said officers <»n the 
 firs! Tuesday of April next, at the office of James R. B< 11, Esquire, 
 
 in said tuwii: any three of whom may act. 
 
 Commencement 7. This act shall he in force from its passage. 
 
 amended 
 
 Chap. 103.— An ACT to amend the act of 27th March 1 658, incorporating 
 the Town of Frankfurt in Greenbrier County. 
 
 Pasnr.1 February 12, L86L 
 
 1. Be it enacted hy the general assembly, that the second section 
 of an act passed March twenty-seventh, eighteen hundred and fifty- 
 eight, entitled an act to incorporate the town of Frankfort in the 
 county of Greenbrier, be amended and re-enacted so as to read as 
 follows : 
 
 
 How 
 
 : »H t to 
 
 bond 
 
 " § 2. The officers of the said town shall consist of a mayor, five 
 oouncilmen and a Bergeant, who shall have the powers and perform 
 
 the duties of a constable within the limits id' said OOnnty, who shall 
 
 he elected hy the white male inhabitants of the said town of the age 
 of twenty-one years and upwards, who shall have been residents 
 thereof si\ months and of the state two years preceding the election. 
 The said election shall take place on the first Saturday in June an- 
 nually, and the mayor and eouncihnen shall continue in authority 
 until the first .Saturday in dune in each successive year and until 
 others shall he qualified in their stead, and no longer: provided, 
 however, that said Bergeant shall not act as constable until he enter 
 into bond in the penalty of two thousand dollars, conditioned accord- 
 ing to law as in other cases of constables, with two or more securi- 
 ties, to be approved of by the county court, and shall have taken the 
 oaths prescribed by law. Thereupon he shall have all the powers 
 and shall be subject to sill the responsibilities of a constable." 
 
 Com noemenl 2. This act shall be in force from its passage. 
 
TOWNS. 201 
 
 Chap. 10}. — An ACT to provide for a Special Election in the Town of 
 Miiion in i lie County of Smyth. 
 
 Pasted Marco 68, 1861. 
 
 1. Be it enacted by the general assembly) thai it shall be lawful commissioners 
 for George S. Venable, James M. Pruner and William Francis, who 
 
 are hereby appointed oommissioners for thai purpose, to cause a poll 
 to be opened, and superintend the same, on the fifteenth day of April 
 next, or sixty days thereafter, in the town of Marion in Smyth county, 
 for the (diction of seven trustees for said town, to be voted for by the Election pro- 
 
 vidofl for 
 
 inhabitants of said town, who are qualified to vote under the charter 
 of the said town: of which election notice shall he given hy the 
 sheriff of said county (who shall conduct the Said (lection) at leasl 
 fifteen days previous to the holding of said election; and said com- 
 missioners shall certify the result to such person as is appointed to 
 receive and ]nv-rr\i' the papers and records of said town. The Power ol 
 trustees so elected shall have all the powers and privileges, and be 
 Bobji ct to the same rules and qualifications prescribed for trustees re- 
 gularly elected under the charter of said town: and thereafter elec- 
 tions for oflicers of said town of Marion shall he as provided for by 
 the charter of said town, passed March fifteenth, eighteen hundred 
 and forty-nine. 
 
 2. This act shall he in force from its passage. Commencement 
 
 f 'ii \v 105. — An ACT authorising the City of Portsmouth to issue Coupon 
 
 Bond--. 
 
 Passed March 18, 1861. 
 
 1. T'e it enacted by the general assembly, that whereas it is repre- 
 sented that the common council of the city of Portsmouth are desi- 
 rous of issuing coupon bonds for the liquidation of the floating debt 
 of said city, and for other purposes, it shall therefore be lawful forcurof] 
 
 1 common council of the city of Portsmouth t<> issue her ( 
 pon bondf for a sum not exceeding fifty thousand dollars, in sums ,,f ""l"' n '"' n ' 1 -' 
 not lew than one hundred dollars each, and bearing interest at the 
 rate of su per cut. per annum, payable semi-annually, and the 
 
 principal made payable at snefa time and place as the said COmmOO 
 
 council of said city of Portsmouth shall prescribe : provided the same to be appw d 
 
 shall t Mitt' d to and approved by th< 
 
 i ;ty. 
 
 .unci] (if said <ity of Portsmouth are authorised i .<•- bow 
 to lev) 'id colled such I ry for paj ii 
 
 the mi' r» -t and redeeming the prim ipal of any coupon bonds issued 
 
 and ii< . hated under the pr.. 
 
 t, I at -hall be in force Ann comment 
 
202 
 
 RAIL ROADS. 
 
 Chap. L0&— An ACT u> inoorpocate the Preston and Augusta Bail Boad 
 
 Company. 
 
 Passed March 90, 
 
 Books,i/-«- 1. Be it enacted by the general assembly, thai it shall be lawful 
 commissionerH to open 1 ka iii the county of Preston, under the direotioD of Wil- 
 liam 6. Ib-own. I i< >lnrt B. Cowan, James C. MoGrew, John J. Brown 
 and John A. Dille; in the town <>t Staunton, onder the direction of 
 John I>. [mboden, Alexander 11. II. Stuart, Alexander P. Kinney, 
 Bugh W. shell', y and Bolivar Christian; and in such other places, 
 under the direction of Buoh persons as a majority of the aforesaid 
 Commissioners may designate, I'm - the purpose of receiving subscrip- 
 tions to the amount of eighteen hundred thousand dollars, in shares 
 of fifty dollars each, to constitute a joint capital Btock noi exceeding 
 Routeofroad twenty-live hundred thousand dollars, for the purpose of making a 
 rail road from some convenient point near Portland in Preston county, 
 on the Baltimore and Ohio rail road, by the most eligible route, to 
 connect with the Virginia Central rail road at or near Staunton in 
 Augusta county. 
 
 When company 
 iucorporati d 
 
 2. Whenever five hundred thousand dollars shall have been sub- 
 scribed, the subscribers, their heirs and assigns, shall be a body 
 politic and corporate, under the name and style of The Preston and 
 Augusta Kail Road Company; and shall be subject to and entitled 
 to the benefits of the existing laws regulating incorporated companies 
 and the general rail road law of the commonwealth, so far as the 
 same may be applicable to and not inconsistent with the provisions 
 of this act. 
 
 Companymay 3. The company, on authority of a majority of the stockholders 
 borrow monoj . ,] |( .,. ( , n |- ma y borrow money for the objects of this act, issue certifi- 
 cates or other evidence of such loans, and to make the same convert- 
 ible into stock of the company at the pleasure of the holder: and on 
 the same authority, to execute such lien or mortgage, or provide such 
 other security for said loans as may seem expedient and legal. 
 
 Comities power 
 to subscribe 
 
 4. Any county or corporation along the route of the rail road 
 shall have power, under authority of the county court, or council 
 of the corporation, to subscribe to the stock of such rail road com- 
 pany to the amount which three-fifths of the legal voters of such 
 county or corporation may determine at the polls thereof, respec- 
 tively. 
 
 Commencement 5. This act shall be in force from its passage. 
 
 
RAIL ROADS. 203 
 
 Chap. 107. — An ACT authorizing the Norfolk and Petersburg Ban Road 
 Company to construct a branch of their road to some point on the North 
 Carolina line, and to increase its capital stock. 
 
 Passed January 96 
 
 1. Beit enacted by the general assembly, thai the Norfolk and Capital stock 
 Petersburg rail road company be and arc hereby authorized and em- 
 powered to enlarge their capital stock by the addition of one hun- 
 dred thousand dollars thereto, for the purpose Of and tO be expended 
 
 in the construction of a branch from their road to some point on the 
 North Carolina line, in order to connect with the proposed Edenton Proposed road 
 or any other rail road of North Carolina: provided said branch road Stockholder* to 
 shall not he constructed until previously authorized by the stock- 
 holders in the Norfolk and Petersburg rail road in general meeting: 
 and provided further, that no contracts made or entered into for the Assett of exist- 
 Construction of said branch road, shall in any manner hind or he chargeable 
 chargeable upon the property and assets of whatever kind of tlie 
 said Norfolk and Petersburg rail road company as now organized and 
 constituted. 
 
 2. The additional capital stock herein authorized shall he raised Subscription!, 
 by private subscription, or the subscription of individuals and cor- 
 porate bodies cither than the state, exclusively. 
 
 .'{. This act shall he in force from its passage. Commencement 
 
 CHAP. 1"-. — An ACT authorizing the Petersburg Rail Road Company to 
 increase its ( lapital stock. 
 
 ] March 19, 
 
 1. Be it enacted by the general assembly, that it shall be lawful New stock, 
 
 for the stockholders of the Petersburg rail road company, in general 
 
 meeting, to increase the capita] stock of said company, by din toting 
 the iasoe of m -v. stock to the holders of the present stock, to such an 
 
 amount a- the said stockholders in general meeting may think (it : 
 provided the amount of Ul w stock so to be issued shall not I v I ed Proviso 
 
 one-half the amount of the present stock of said company. 
 
 I "inpany. if the stockholders shall so direct, shall he Prartions of 
 
 authorise d for half shan -. or other ft 
 
 hall b« in force froi. Commencement 
 
204 
 
 i:\ir. ROADS. 
 
 Branch autho- 
 rized 
 
 Chap. 10B. — An ACT to authorise the Virginia Centra] Rail Road Company 
 to construct ■ branch of theii road to Lexington in the County of Rock* 
 
 1. r»o it enacted by the genera] assembly, thai it shall lie lawful 
 for the Virginia Centra] rail mad company in construct a branch of 
 their mad to Lexington in the county of Rockbridge. 
 
 Capital stock 
 
 Hoard of public 
 W ork- not to 
 ribe 
 
 i >f road 
 not chargeable 
 
 Kara in. 
 plied 
 
 2. That fur this purpose, said company shall have power to in- 
 crease its capita] stock by tin- sum of live hundred thousand dollars, 
 in shares of one hundred dollars each: provided, however, that the 
 Board of publio works .-hall nut he authorized to subscribe on behalf 
 df the commonwealth for any pari of said increased capita] stock: 
 and provided further, that no contracts made or entered into fur the 
 construction <>f said branch road, shall in any manner hind or he 
 chargeable open the property and assets of whatever kind of the said 
 Central rail road company as now organized and constituted: and 
 provided further, that no part of the earnings or funds of the .-aid 
 company shall he applied to the construction of said branch road, 
 but the same shall he constructed entirely out of the new slock herein 
 authorized. 
 
 Commencement 3. This act shall be in force from its passage. 
 
 Company 
 incorporated 
 
 Capital stock 
 
 Chap. 110. — An ACT incorporating the Norfolk County Railway 
 
 Company. 
 
 Passed February 35, L8C1. 
 
 1. Be it enacted by the general assembly of Virginia, that Thomas 
 
 V. Wchh, Logan Hurst, ,1. Carey Weston. .Marshall Parks, Leroy G. 
 Edwards and Arthur Emmerson, and such other persons as may he- 
 come associated with them, their successors and assigns, are hereby 
 incorporated under the name .and style of The Norfolk County Kail- 
 way Company; for the purpose of constructing and operating a rail- 
 way from some poinl on the harbor of Norfolk and Portsmouth, or on 
 the Elizabeth river, or any of its branches, to such point in the county 
 of Norfolk as said company may determine; and hooks of suhscrip- 
 tion may be opened, under the direction of the aliove named per- 
 sons, or any three of them, for the purpose of receiving subscriptions 
 to an amount not less than fifty thousand dollars nor more than one 
 million of dollars, in shares of one hundred dollars each, to constitute 
 the capital stock of said company. 
 
 Subscription b, 
 how received 
 
 2. Uc it further enacted, that said company may receive subscrip- 
 tions to the capital stock, payable in lands; and acquire and hold not 
 
KAIL ROADS. ■_'()"> 
 
 exceeding twenty thousand acres, in addition In the quantity allowed 
 by the Code, and may mortgage, convey <>r pledge their lands, fran- 
 chises and property : and may hold and employ all necessary steam 
 and Other boats, vessels, Wharves, machinery and apparatus; and hi Freight 
 
 Consideration of the expenses of building and maintaining said rail- 
 way, may demand and receive sneli compensation I'm- the transporta- 
 tion of passengers and freight and for the use of their property, as 
 now prescribed by law ; and such company shall not forfeit or i 
 any of their corporate rights or privileges ■ provided the construction 
 Of said railway he commenced within ten years from the passage of 
 this net. 
 
 3. Be it further enacted, that the city of Portsmouth and the city citiei of Norfolk 
 of Norfolk may subscribe to the capital stock of said company any ™*^^J£JJe th 
 amount not exceeding two hundred thousand dollars: provided, be- 
 fore the same is done by the councils of said cities, the question shall 
 be submitted to the real estate ladders of said cities; a majority of 
 three-fifths of whom voting at the time in favor of said subscription, 
 shall be deemed sufficient to authorize the same; and the councils 
 shall thereupon make such subscription. 
 
 ■i. Be it further enacted, that should the said cities, or either of Coupon bondi 
 them, subscribe to the capital stock of the said company, the said'"'"'"""' 
 
 cities, or cither of them, may issue the necessary amount of six per 
 cent, coupon bonds to raise money to pay for the same. 
 
 .">. Be it further enacted, that the county of Norfolk may subscribe Comity of Not 
 to the capital stock of said company any amount not exceeding two 'o 1 r a," i: '" v '"'' 
 hundred thousand dollars : provided before the same is done, by 
 order of the court of said county, the question shall be submitted to 
 and authorized by three-fifths of the landholders of said county 
 voting. 
 
 6. Be it further enacted, thai should the said county of Norfolk conpon boad* 
 
 subscribe to the capital stock of said company, the Said county may '' " ' 
 issue the i .mount of six pet cent, coupon bonds to raise 
 
 money to pay for the ?;\i\u-. 
 
 7. Tin-' aet .-hall be in force from its | Commencement 
 
 Chap, mi— A mend sod re-enact the 1st and 3d secti on s of an 
 
 I ri 1.. tw< mi A,' 
 
 passed February 27th, 1- 
 
 riiMfd Kel.ninr.v 30, I i 
 I- !•< it « n;i< t« .1 l.v tie e. noral assembly, that the first and third 
 
 I company t" i 
 
nook* of nib- 
 
 ■ 
 
 20C> KAIL B0AD8. 
 
 struct, mi tlic plan of Jamea B. French, ;i rail road between Alexan- 
 dria ami Washington, passed February twenty-seventh, eighteen 
 bandied and lift y-four. be amended and re-enacted bo at to read as 
 
 follows : 
 
 "§ 1. It ^h:ill be lawful to open 1 ks of subscription at the i -ity 
 
 of Alexandria, under the direction nf Jamea S. Fn noh, John W« 
 
 Maury. A. J. Marshall. Cornelius Boyle, I dgai 
 
 Snowden and K. W. Latham. 01 any tWO of them, and at BUoh other 
 
 places, under the direction of such agents aa a majority of the above 
 named oommissionen may appoint, for the pnrpoae of receiving 
 anbacriptiona to an amonnl nol ezoeeding three hundred thousand 
 dollars, in Bharea of one hundred dollara each, to constitute a joint 
 i tom capital Btock for constracting a rail road from the city of Alexandria 
 in the state of Virginia, to the city of Washington in the district of 
 Columbia, crossing the Potomac at some eligible point between the 
 
 tWO ei! 
 
 ■Iria to 
 
 Proceeding* of " § 3. That all the proceedings of the Alexandria and Washing- 
 deSarwfvaiid ton ,ili ' roa *l company, under the proviaions of the said act passed 
 February twenty-seventh, eighteen hundred and fifty-four, incorpo- 
 rating the said company, touching the constructing and operating of 
 rail roads on the plan of dames s. French, are hereby declared to be 
 Proviso legal and valid : provided, thai it shall not be lawful for said com- 
 
 pany to connect with any other rail road terminating within the cor- 
 porate limits of the city of Alexandria, without the consent of the 
 City councils thereof: and further, that the said company shall not 
 
 permit the said road to pasa into the exclusive possession of anj cor- 
 poration without the limits of the commonwealth of Virginia: and 
 provided further, that the general assembly reserves to itself the 
 power to alter, modify or wholly repeal this act at il< pleasure." 
 
 M.-nccmout 2. This ad shall he in force from its passage. 
 
 Chap. 1 12. — An ACT to incorporate the Burning Springa and Oil Line Bail 
 Road < lompany. 
 
 i March 15, 1861. 
 
 commissioners 1. Be it enacted by the general assembly, that it shall he lawful 
 to open hooks at such times ami places as may be deemed expedient, 
 under the direction of J. <'• Rathbone, John Branson, 15. \v. Bj me, 
 J. N. Camden. \Y. I*. Rathbone, A. d. Boreman and Daniel EL. 
 
 Neal. or any three id" them, or tinder the direction of such agent Or 
 
 agenta as the said commissioners or any two of them may appoint, 
 
 Capital stock fur the purpose of receiving subscriptions to an amount not less than 
 
 one hundred thousand dollars nor more than five hundred thousand 
 
RAIL ROADS. 207 
 
 dollars, to be divided into shares of fifty dollars each, to constitute 
 the capital of a joint stock company, for the purpose of constructing 
 a rail road from Burning springs in Wirt county to Parkersbnrg, or 
 
 to some point on the Northwestern Virginia rail road in Wood 
 county, with the right to connect ami intersect said Northwestern 
 Virginia rail road at or near Kanawha station in Wood county. 
 
 ■J. Whenever the minimum amount of the said capital stock shall When company 
 have been taken, the subscribers, their heirs, personal representa- """ r| "' r 
 
 hall be and they are hereby incorporated and 
 formed into a body politic and corporate, under the name and style 
 of The Burning Springs and Oil Line Rail Road Company; subject 
 to all the provisions, ami entitled to all the benefits ami powers con- 
 ferred by the Code of Virginia upon sueh incorporated companies, 
 so far as the same are applicable to and not inconsistent with this act. 
 
 3. The said company shall have power to boiTOW money for the Compaa; 
 
 purpose of carrying out the objeel of this act. ami to issue proper money, ** 
 certificates or evidences of such leans, ami to pledge the property 
 thereof, by deed or otherwise, for the same, and the interest that may 
 accrue thereon. And the said company may construct only so much 
 of the -aid mad as the amount subscribed will allow, and may com- 
 mence the work at such point as may he deemed expedient. 
 
 4. Authority is hereby given to any incorporated company to suh- inro rr .,- 
 scribe to the stock of said company. ' 
 
 .".. T< ii j i an shall be allowed the said company to complete their when eomjpaay 
 organization and begin their road. ££ 
 
 6. This act shall lie in force from its passage, and shall be subject rnmrnrfwuu 
 to modification and repeal, at the pleasure of the general assembly. 
 
 CHAT. 113. — An ACT amending M ithoridag 
 
 tli" Council ol Richmond l 
 
 Pat" 
 1. Be it My. that the 
 
 of th« l on the twenti. th day of 1 i ,;<!B * J 
 
 in act to authorise the oommi EUoh- 
 
 mond to authorize persons to construct rail 
 
 '■ 
 
 " § '- - authorize,! hy the council ofWWM 
 
 Tarl r " J p0 * dl 
 : 111, may. with the BMMMBt tt the eO«1 if tlie 
 
208 RAIL Roads. — TURNPIKES. 
 
 comity in which Midi town <>r city is situated, construct rail minis in 
 the said oounth is, be !»<• osed with steam at hone power; or the court 
 
 of any county may authorize any number of persons, not LeSS llian 
 three, te construct such rail roads in Hue said counties: provided, 
 that the oompany which has beea authorized l>y the council of Rioh- 
 lnond to construct rail roads ondei the aaid tot, shall be allowed three 
 months ;iftcr the passage of this act to commence In good faith their 
 roads in the county of Benrico, before the county court of the said 
 i ounty shall grant the privilege bo other persons: and provided, thai 
 "' they shall complete the said rail reads within twelve months from 
 their commencing." 
 
 Commena ■:■ 2. This act shall be in force from its passage. 
 
 Chap. 114.— An ACT granting Rights of Way to Mining and Manufactu- 
 ring Companies in this Commonwealth. 
 
 1 April 4, 1861. 
 
 wiun mining 1. Be it enacted by the general assembly, thai any person or per- 
 
 S«itrSrt B raa By sons or mining and manufacturing company, owning mineral land? 
 
 ill any of the counties of the oommonwealth, which they desire and 
 
 intend to use for the purpose of mining or manufacturing of the 
 minerals therein, may construct, with the consent of the proprietor! 
 over whose lands they pass, suitable rail roads from the said lands to 
 any other rail road or navigable stream: and for that purpose, tin 
 parties hereby authorized to construct said rail road, shall have all 
 subject to Code the powers, rights and privileges conferred, and he subject to all the 
 duties and liabilities imposed upon a company incorporated for a 
 work of internal improvement by the fifty-seventh chapter of the 
 Code of Virginia (edition of eighteen hundred and sixty), so far as 
 they may he applicable to the rail road hereby authorized. That the 
 rail roads to he constructed under the preceding section shall not 
 exceed ten miles in length; and if the parties engaged in mining or 
 manufacturing as aforesaid shall cease active operations for a period 
 of five years at any one tiuie, the land condemned tor such rail road 
 shall revert to the former owner, his heirs, devisees or alienees. 
 
 Commencement 2. This act shall he in force from its passage, and shall he suhject 
 to any modification or repeal, at the pleasure of the general assemhly. 
 
 Chap. ll.">— An ACT to authorize the Wolf Creek Turnpike Company to 
 
 reduce the. width of their road. 
 
 Passed April 2, 1861. 
 
 Width of road 1. Be it enacted by the general assembly, that the Wolf creek 
 may i»- reduced turuiu k e couinan y shall be and they are hereby authorized to reduce 
 
TURNPIKES. 209 
 
 the width of their road, so that the same shall not he loss than four- 
 teen feet wide, and to construct said mad at a grade not exceeding 
 five degrees. 
 
 2. This act shall he in force from its passage. Commencement 
 
 Chap. 116. — An ACT to incorporate the Burning Spring and Oil Line 
 Turnpike Company. 
 
 Pasted March LI, 1661. 
 
 1. Be it enacted by the general assembly, that for the purpose of 
 constructing a turnpike road from Burning spring in Wirt county, to 
 any point in Wood or Wirt county, as the company hereby incorpo- 
 rated shall determine, it shall he lawful to open hooks for receiving Books, how 
 Subscriptions to an amount of not less than four thousand dollars' 1 
 nor more than twenty thousand dollars, to he divided into shares of 
 twenty-five d"llars each. The said books shall he opened under the 
 direction of .T. c. Rathbone, 15. W. Byrne, .T. X. Camden, M. Ed- 
 miston. W. T. Bland, C. I. Moore, John V. Rathbone, Thomas G. 
 Smith, J. T. Jackson, John J. Jackson and G. J. Butcher, at such 
 times and places as they or any three of them, or any agents ap- 
 pointed by any three of them, may select. 
 
 2. Whenever the minimum capital hereby authorized shall have Company 
 been subscribed, the BubscriberB, their executors, administrators and incor P ora e 
 
 as, shall he a body corporate, by the name of The Burning 
 Spring and oil Line Turnpike Company; in strict conformity to all 
 law- of tin' stati of Virginia regulating such companies; with all 
 
 the powers, and Bubjecl to all the restrictions imposed by said laws, 
 BO far BJ said laws may he compatible with this act : provided, that Kiimmrror 
 sail! company shall not he required t<> construct any summer or side M eroa< 
 road. DOT to pave nor OOVet their said mad with .-tone or gravel : and 
 
 the width of said road may be only sixteen hit. and the maximum 
 grade a- much as fiv< 
 
 •'{. This act shall he in force from its passage. .raencement 
 
 ( bap 117.— An LCT amending and re-enacting the 3d the Char- 
 
 ■▼ills Turn] I .'I -•. l-i?. 
 
 ' 
 
 l. Be it enacted by tfa< My, thai the aecond section Act of wa 
 
 of tie uty-tirst day <>f February eightei n hundred 
 
 and seventeen* entitled an ad in<"rj".: mpany to establish 
 
 N 
 
210 
 
 II KN PIKES. 
 
 a turnpike road from 1 1»» - citj of Richmond, crossing the Chiokahominy 
 river between the Meadow and New bridges, until it inters, its the 
 Swamp roadi on the north side of said river, be amended and re- 
 enacted U follows : 
 
 Company " § 2. When a sufficient number of shares shall have been sub- 
 
 corpon scribed, the subscribers, tin ir heirs and assigns, are hereby made ;i 
 
 body politic, by the name of The Me* bauiosville Turnpike Company; 
 agreeably to the ad entitled an act prescribing certain general regu- 
 lations for the incorporation of turnpike companies : provided, that 
 tin- said company shall not be required to make any summer 01 
 
 mad. nor to cover the same with gravel, and tliat the same shall not 
 
 be maintained less than fort] feet wide: and provided further, that 
 the president and directors of the said company Bhall have authority 
 to di\ ide the capita] Btoch at any time into Bhares of the par \ alne of 
 
 not less than ten dollars each : and provided further, that if the 
 
 unanimous consent of the present stockholders is obtained in general 
 
 meeting, within si\ months from the passage <•( this act. it shall 1)0 
 
 lawful for the president and directors to require from the stockholders 
 
 from time to time such advances of monej on their respective shares 
 
 Kennedy against us tin' wants of the company may demand; and if any stockholder 
 
 shall fail to pay the sum or quota so required of him by the president 
 and directors, or a majority of them, within one month after written 
 notice of the same Bhall have been given to such stockholder, or to his 
 legal representative or representatives, it shall and may he lawful for 
 the president and directors, or a majority of them, to sell at public auc- 
 tion ami to convey to the purchaser the share or Bhares of BUCh Btock- 
 
 holders, giving one month's notice of the time ami place of sale, in 
 one or more of the newspapers published in the city of Richmond; 
 ami after retaining the sum or quota dm' ami all charges Of -ale out 
 of the proceeds thereof, to pay the BUrplns Over to the former owner, 
 
 or his assignee or legal representative." 
 
 Commencement ~- This act Bhall he in force from its passage. 
 
 I 
 
 amended 
 
 ( hap. 118. — An ACT to amend the Charter of Brown'e Gap Turnpike 
 
 ( 'nlllp.'llIN . 
 
 1861. 
 
 I. Be it enacted by the gem ral assembly, that the second Bection 
 of the act passed March first, eighteen hundred ami fifty-three, en- 
 titled an act incorporating the Brown's gap turnpike company, be 
 
 amended and re-enacted so as to read as follov 
 
 Company 
 Incorporated 
 
 " § °.. Winn one hundred shares of said capital stock shall havo 
 
 been subscribed, the subscribers or their personal representatives 
 
TURNPIKES. 211 
 
 shall be and they arc hereby incorporated, by die name of The 
 Brown's Gap Turnpike Company; with power to construct their road 
 nut [ess than eighteen feel in width, and of a grade not exceeding 
 four degrees at any point, with authority to demand and receive of 
 all who are not teas than one mile of said road, tolls for the use of 
 the same; and the said company shall be subject to the provisions of 
 the Code of Virginia <>n the subject of turnpike oompanies, except 
 far as the same shall be in conflict with the provisions of this act." 
 
 'J. The comity com) of Albemarle is authorized to transfer such Power of oountji 
 sections and portions of the county road DOW used in connection with marie 
 the road of said company, to said Brown's gap turnpike company, 
 upon sucli terms as may be agreed upon between them, to be incor- 
 porated into the road of said company : provided the same be first, 
 n commended by a n porl of one or more of the road commission! n 
 of said county, all the justices of the county having been first duly 
 summoned to consider the same, and a majority of those present con- 
 curring therein. 
 
 3. This act shall he in force from its passage. CommeDc.mont 
 
 Chap. [19.— An A< T to incorporate the Newport and Gap Mills Turnpike 
 
 ( tompauy. 
 
 ■i Karcfa 36 
 
 1. Be it enacted by the genera] assembly, that for the purpose ofBonte it ,i 
 tructing a turnpike road from a point at or oear Newport in the 
 
 conity of Giles, to the (Jap mills in the county of Monroe, by the 
 
 way "f the clover bottom, John's creek and William Blarn's on 
 (nek. it shall he lawful to open books for receiving subscrip- 
 tions to an amount not exceeding fifteen thousand dollars, to COnsti- Capita - 
 
 pita! stock, to he divided into shares <f twenty-five 
 dollar- each. The said books shall be opened at Newport in the 
 county of Giles, under the direction of David B. Trice. William B. i -.ionrn 
 Mason, Samuel Kenzie, John Miller and Charles H. Payne, oi any 
 
 three of them : at the (,;ip mills in the county of Monroe, umh r (In- 
 direction of John ('. Summers. William 8. Riddle, Peter I.. Osborne, 
 Will :t McNott, or any three of them j and 
 
 h other plaot - a- they or any three of tin in may select, nnd< r 
 the direction oi •>- they or any 1 1 1 r . . • of them i 
 
 ,nt. 
 
 2. Whenever one hnndi 
 
 I 
 
 ■ ■ iii- 
 
 panj , by t 
 
212 
 
 TTRXriKKS. 
 
 naay : oooformaUy to the provisions of chapters fifty-seven and 
 sixty-one of the Code t>t" Virginia, and of existing laws of a general 
 summer i oad nature. appUoable to turnpike companiwi and their roads : provided, 
 that raefa company shall not be required bo oonslrucl any Bnmmer or 
 hide road, nor to pave or oorer their said road with rtooe or gravel, 
 
 and that the width of Httd road may not be leal than sixteen feet, 
 
 and the maximum grade nut to exceed live degn I - 
 
 neement 3. This acl shall be iii force from its past 
 
 Chap. 180. — An A(T to incorporate the Leesbnrg and Aldie Turnpike 
 Company. 
 
 Passed March 88, 
 
 commissioners 1- Be it enacted hy the general assembly, thai it shall he lawful 
 to open honks at Leesbnrg in the enmity of Loudoun, under the 
 direction of John M. Orr, Alexander EL Sogers, Robert Bentley, 
 Charles B. Tebbs and George B. Head, or any two of them ; at the 
 
 Oatland mills in the said enmity, under the direction of John M. 
 Fairfax, Joseph L. Hauling, George Carter. Hugh II. Downs and 
 John B. Lee, or any two of them ; and at Aldie in said county, 
 under the direction of John Moore, William Berkeley, Hamilton 
 Rogers, John P. II. Green and Amos T. Skinner, or any two of 
 them, for receiving subscriptions to the amount of twenty-five thou- 
 sand dollars, in shares of twenty-live dollars each, for the purpose of 
 
 Routeof r i constructing a turnpike road from Leesbnrg to some point on the 
 
 Little ri\er turnpike at or within one mile of the town of Aldie in 
 the county of Loudoun. 
 
 Company 
 incori" 
 
 2. Be it further enacted, that when four hundred shares or ten 
 thousand dollars shall have heeii suhscrihed, the subscribers, their 
 
 executors, administrators and assigns, shall be and are hereby incor- 
 porated into a company under the name and style of the The Lees- 
 burg and Aldie Turnpike Company; subject to the provisions of the 
 
 Code of Virginia, except as may lie hereafter provided. 
 
 Width of road 3. Be it further enacted, that the said road shall be cleared thirty 
 feet wide, and shall be macadamised «>r graveled so as to present a 
 firm roadway fourteen feet wide. 
 
 Toll gates 4. Be it further enacted, that said company shall not erect more 
 
 than three toll gates between the two termini, and shall not he .au- 
 thorized to charge toll until at least li\ e continuous miles of their 
 road shall be macadamised or graveled, as provided in the third 
 section. 
 
TURNPIKE*. 21o 
 
 5. Be it farther enacted, that the county court of Loudoun county County wort of 
 is hereby authorized and empowered to subscribe to the capital stock subscribe 
 
 o£ said company an amount not exceeding the sum that would pro- 
 duce, at -i\ pet centum interest, the average of the amount ex- 
 pended annually for five yean past on the present comity road be* 
 (ween said termini. 
 
 6. This act shall DC in force from Ltfl pass;:. Commencement 
 
 Chap. 121. — An ACT to Incorporate the Leesburg and Point of Rocks 
 Turnpike Company . 
 
 Panned April 4, 1861. 
 
 1. Be it enacted Ivy tlie general assembly, that it sliall be lawful Oo mnitMtonwri 
 to open books at Leesburg in the OOnnty of Londonn. under the di- 
 rection of Henry T. Harrison. George T. Rust, John Hoffman, 
 
 George K. Pox, jr. and Trenton M. Henderson, or any two of them: 
 
 at Goresville in Bald county under the direction of Charles Williams, 
 
 Cephas Hempstone, Tilghman Gore, C. W. Paxson and A. T. M. 
 
 Rust, or any of them; and at the tyirnaco mar the I'oint of Rocks 
 
 in said county, under the direction of J. P. Mason, Nicholas T>avi- 
 
 son, Wilson C. Saunders. Michael Mullen and Daniel T. Shreve, or 
 
 any two of them, for receiving subscriptions to the amount of thirty Capital stock 
 
 thousand dollars iu shares of fifty dollars each, for the purpose of 
 
 constructing a turnpike road from Leesburg to the southern end of Routed 
 
 the Potomac bridge in the county of Loudoun. 
 
 2. Be it farther enacted, that when two hundred shares or ten ( inpany 
 
 thousand dollars shall have been subscribed, the subscribers, their m * w « wr 
 
 itors, administrators and assigns shall be and are hereby incor- 
 porated into a company by the name and style of The Leesburg and 
 
 I'oint of Bocks Turnpike ( '..mpany : subject to the pr>i\ idottl of the 
 
 Code of Virginia: provided, thai said oompan] shall no( occupy 
 
 with their roadway any other ground than that BOD OCCUpii i bj the 
 county road between the two termini, without the consent of the 
 
 proprietors Of land- adjacent thereto, and that they shall not fa I 
 tin- right t.i condemn more than on. -half aON for each toll BOOM and 
 
 in. 
 
 .'t. Be it farti 1. that the width of the road bed shall bev 
 
 tW< nt\ -tv d that the maeadaini/ed ) 
 
 shall he fonte— feet in width, and that the bridges shall haVl 
 
 roadway of ttmx 
 
 l. Be it further enacted, that the -aid comp an y shall not 
 
 than three toll pater, and that they -hall not 1 I to 
 
■Jl 1 
 
 TURNPIKES. 
 
 Cnun'y 
 Louiloun may 
 nulifcribi- 
 
 charge toll until at hast five eont i— om ndlea of their road shall be 
 well maoaduniced ox graveled, bo af to present a finn road bed. 
 
 •5. Be it further enacted, thai the county court of Loudoun county 
 i> hereby authorized and empowered to subscribe to the capital stock 
 of said company an ainounl not exceeding the sum that^would pro- 
 duce, at bu pei cent, interest, the average of the amount expended 
 annually for five years past on the present comity road between the 
 two termini. 
 
 Commencement 6. This act shall he in force from its passage. 
 
 Chap. 182. — An A.CT to authorize the issue of Preferred Stock by the Alex- 
 andria, Mount Vernon and Aocotink Turnpike Company. 
 
 Paned February 2<t, IE 
 
 Preferred stock 1. Be it enacted by the general assembly of Virginia, that it shall 
 be lawful for the stockholders id' the Alexandria. Mount Vernon and 
 Accotink turnpike company, in general meeting assembled, tn make 
 the stock of said company, to the extent of twelve thousand dollars, 
 a preferred stock, by guaranteeing a dividend of six per centum pel 
 annum for a fixed or indefinite period, on each share of Btook so pre- 
 ferred, payable out of the net proceeds of said road. 
 
 Stock already 
 
 ISHUl'd 
 
 I low amount 
 madi op 
 
 And whereas, it is represented to the genera] assembly, that the 
 said turnpike company, under a mistaken apprehension of their 
 powers under their charter, have already issued certificates of stock, 
 preferred as aforesaid, amounting to the sum of live thousand dollars. 
 which said cert ideates are now in the hands id' bona fide holders for 
 
 value : 
 
 2. Be it farther enacted, that it shall be lawful to make-up the 
 amount of preferred stock herein before authorized, as well by con- 
 firming and ratifying the preferred issue already made, as by the 
 issue of new certificates; and in the event of such confirmation and 
 ratification, the said certificates, so confirmed and ratified, shall there- 
 upon become legalized as fully and to all intents and purposes as if 
 authorized by law at the date of their issue. 
 
 3. Be it further enacted, that if the said preferred stock shall be 
 made op by the issue of new certificates, before issuing the same or 
 any portion thereof to any other person, it shall be the duty of the 
 said company to redeem and replace the preferred certificates already 
 issued, by the new certificates to be issued under authority of this 
 act. or to reserve and retain a sufficiency thereof for that purpose. 
 
 Commencement 4. This act shall be in force from the date of its passage. 
 
 Dnty of corn- 
 replace 
 
 slock. &.c 
 
BRIDGES. — PLANS ROADS. 21-5 
 
 Chap. 123. — An ACT to incorporate the Staffordsville Toll Bridge < tompany. 
 
 Passed February 26, 1S8L 
 
 1. Be it enacted by the genera] assembly, that it shall bo lawful Books to b< 
 
 /. • • i ii opened 
 
 to open books tor receiving subscriptions to an amount not less than 
 eight hundred dollars nor more than twelve hundred dollars, in shares 
 df tin dollars each, to constitute a joint capital stock for construct- 
 ing a toll bridge across Walker's creek at the moutb of Whitley's 
 branch and near the town of Staffordshire in the county of Giles. 
 
 2. The said honks shall lie opened at the town of Staffordsville in Commissioners 
 said county, under the superintendence of the following named com- 
 missioners, any three of whom may aet, to wit: Charles 1). Peek, 
 
 Edward Johnston, Daniel II. Stafford, Kalpk K. Stafford and Ralph 
 M. Stafford. 
 
 3. When five hundred dollars of the capital stock shall have been Cnmpany 
 Bubscribed, the subscribers, their executors, administrators and as- 
 
 signs, shall be and arc hereby incorporated into a company, by the 
 name and style of The Staffordsville Toll Bridge Company; and are 
 hereby invested with all the rights, powers and privileges conferred, 
 ami subject to all the rules, regulations and restrictions imposed upon 
 
 bodies politic and corporate by the Code of Virginia, so far as the 
 same are applicable to and not inconsistent with this act. 
 
 4. As soon as the bridge is completed, the said company may de- Toll* 
 mand and receive such reasonable tolls as their by-laws prescribe: 
 provided, that the rates of toll shall be submitted to and approved by 
 
 the comity OOUrt Of Giles county: and that said court may at anytime 
 regulate or modify as they may think proper the tolls charged by the 
 said company. 
 
 5. Thil BCt shall be in force from it- passage. Commencement 
 
 -An U T to amend an act entitled an act to incorporate the 
 r nvilie and B I I ompany, passed Ifaj 22, It 
 
 Pant."l IM.ru :ny IS, 1- 
 
 1. Be it enacted by the genera] assembly, thai the second section .\<-...< 
 
 of an ai t pa--ed May twenty-second, eighteen hundred and fifty-two. 
 
 entitb-d an act to incorporate the Farmville and Buckingham plank 
 
 P'.i'l I be- amended and rCH mot. d M ;i- tO read a- follow- : 
 
 I When five thoosand iham of the stock shall have beei 
 nbacribed, the rabscribers, their executors, administrators or as- inw " ,r0n 
 shall be incorporated intoi by the nam. and ityk 
 
210 ( - -in l v BOADfr 
 
 of Tlie Farmville and Buckingham Plank Boad Company; agreea- 
 bly bo die provisions <»f tin- fifty-seventh and sixty-first chapters of 
 width an«i the Code of Virginia: provided, thai tin -aid road shall be graded 
 grade of road ^ ^^ { twenty feet wide, and constructed with plank at least eight 
 feet wide, and that its grade shall no where exceed four degrees, and 
 that the same may be repaired when neoeaaary with stone, dirt, gra- 
 vel or otlier material, at the discretion of the board of directors." 
 
 Commencement 2. Thin act shall he in force from its passage. 
 
 Act of 1*38 
 amended 
 
 Chap, 185. — An ACT to amend the Boad Laws of Brooke and Hancock 
 
 ( lountiea. 
 
 Paseod April 3. 1881. 
 
 Be it enacted by the general assembly, that the ninth Bection 
 of .-mi net t«i provide for the opening and repairing of public roads, 
 and for repairing and bnilding bridges in the counties of Brooke and 
 Hancock, passed March second, eighteen hundred and fifty-eight, be 
 amended and re-enacted so ns to read as follows: 
 
 Who to work 
 on roads 
 
 Penalties 
 
 " § 9. Each male person between the ages of twenty-one and 
 sixty years, excepting ministers of the gospel, shall work on the 
 roads two days in every year, in the precinct in which he resides, 
 When called upon by the surveyor; and every person so required to 
 Work under the surveyor so placed over him, who shall fail to attend 
 with proper tools for clearing the road, or shall refuse to work when 
 there, as a hand should do. or to find some other person equally ahle 
 to work in his room, he shall pay at the rate of one dollar per day 
 for each day or part of a day's failure; to be paid by himself, if a 
 free man: if a slave, by his master. Said sums shall be paid to said 
 surveyor for the use of said precinct ; and if not paid, may be reco- 
 vered by him before any justice, by suit as aforesaid, in the name of 
 the county, for the use of the precinct." 
 
 Act <.t 
 amended 
 
 WagCB, &c 
 
 Chap. 126. — An ACT to amend the Becond, third and sixth sections of an 
 :.<■! passed February 28th, I85t», providing tor working the County Itoads 
 of Loudoun County. 
 
 Pi .1 .M;..r!i -.M, 1861. 
 
 1. Be it enacted by the general assembly, that the second, third 
 and sixth sections of the act passed February twenty-eighth, eighteen 
 hundred and lifty-six, be amended and re-enacted so as to read as 
 follow s : 
 
 "§ 2. The said court may at its April terms fix the rate of wages 
 per diem of the hands, plough teams, carts, wagons or other force 
 
COUNTY ROADS. 217 
 
 used for the year : nnd in fixing said wages, Bhall be governed by the 
 
 current prices for such labor at the time of fixing thereof; and if it CommisRinnfrs 
 1.1 i-ii • i ■ t i . to be appointed 
 
 should appear ach isable to said court, at its .January terms thereafter, 
 
 to do BO, it shall appoint three discreet freeholders, resident in said 
 county, as commissioners, to report to it, at its succeeding April 
 terms, upon such matters in relation to its public roads, ai to tin- said 
 court may seem proper, and the commissioners so employed shall he 
 allowed by the court a reasonable compensation fox their servic 
 If the said fund for any one year shall prove insufficient to effect the 
 objeel of this act for such year, then the said court is authorized and 
 required, at its nexl ensuing June term, to assess and levy upon all ABsensment 
 subjects of taxation for revenue, a sum sufficient to supply the de- 
 ficiency : and if the said fund shall he more than sufficient for such 
 year, the surplus shall be employed to lessen the assessment for the 
 next succeeding year. 
 
 "§ 3. All the public roads in said county shall be laid off into Boada laid off 
 precincts by the commissioners aforesaid, or in such other manner as 
 the court may deem best : and the said court may at its April terms Surveyor 
 appoint i surveyor to each precinct, who shall bold bis office for a 
 term not exceeding tWO years, unless reappointed, and be subject to 
 a fine of ten dollars, at the discretion of said court, for failing or re- 
 fusing to accept said appointment: provided no such surveyor shall 
 
 be compelled to serve tWO consecutive terms." 
 
 44 § fi. The surveyors aforesaid may, at its April terms of said f'ompengat ion 
 i ii i ' i , i « i i i °* surveyor 
 
 county, be allowed not less than one dollar nor more than two dol- 
 lars per diem, to be fixed by said court, as their compensation whilst 
 actually engaged in the road service: to be paid by the sheriff out of 
 the road fund : provided said surveyors shall render to the >;iid court .weoimtstobc 
 
 OOUnl of all the labor performed, and of what description and 
 by whom, and all other expenses incurred by them in their precincts 
 • lively, to the same during the m ax next preceding, and make 
 oath of its corn fore s justice, who shall certify the same; 
 
 ami the said accounts shall be filed in the office of the clerk of the 
 county court of said county: and it shall be the duty of the clerk to Abatn 
 hi abstract from the same made out and published in one of the 
 mid county, showing all 1 1 1 r- expenses incurred on 
 count of the pnblk roads, by whom expended, and for what puipi 
 and the said court shall make such allowance 14 shall S< I D3 just to 
 
 the clerk and publisher foe making out and publishing the same : to 
 
 bo paid by the sheriff as aforesaid; and all timber and stone that t- '.rand 
 
 ma] be required in making and repairing the public read- afon 
 
 shall be el, tinned as h er e t o for e provided by law; and the owi 
 
 tie t. of shall be paid for the same by the sheriff OUt of the road fund 
 aforesaid.'" 
 
 2. I iiall be in force from its pas-.. C<r 
 
218 
 
 [NSl R \M'i: COMPANIES. 
 
 Farmer* and 
 tfech&Il 
 
 nipnuy 
 incorporated 
 
 Capital stock 
 
 en vi*. l\!7. — An ACT to iiu-orpitratc the Farmers and Mechanics Insurance 
 Company of the City <>!' Richmond. 
 
 Passed Mar. li BB, 1861. 
 
 1. Be it enacted by the general assembly of Virginia, that John 
 A. lb-Kin. Charles C. EUett, George K. Cratohfield, Richard D. 
 
 Mitchell, .Joseph Hall. Charles Philips. John H. Glazebrook and 
 James D. Browne, together with such other persons as may be here- 
 after associated with them, shall be ami they are hereby constituted 
 
 and made a body politic and corporate, by the name and style of 
 
 The Farmers and Mechanics Insurance Company of the city of 
 Richmond ; and by that name and style, are invested with all the 
 rights and privileges conferred, and made subject to all the rales, 
 regulations and restrictions imposed by the Code of Virginia, and all 
 amendatory thereof, applicable to such corporations, and not in- 
 consistent with the provisions of this act. 
 
 2. The capital stock of said corporation shall not bo less than one 
 hundred thousand dollars nor more than three hundred thousand dol- 
 lars, divided into shares of the par value of twenty dollars each. 
 
 Upon what In- 
 surance may be 
 
 made 
 
 Funds, bow 
 invested 
 
 3. The president and directors are authorized to make insurance 
 Upon vessels, freights, merchandise, specie, bullion, jewels, profits, 
 
 commissions, bank notes, bills of exchange and other evidences of 
 debt, bottomry and respondentia interests, and to make all and every 
 insurance connected with marine risks, and risks of transportation 
 and navigation; to make insurance on dwellings, houses, stores, and 
 all other kinds of buildings, and upon household furniture, merchan- 
 dise and other property, against loss or damage by lire ; to make in- 
 surance on lives; to grant annuities; to guarantee the payment of 
 notes, bonds, bills of exchange, and to make all kinds of contracts 
 for the insurance of every description of property ; to cause them- 
 selves to be insured against all risks upon the interests they may 
 have in any property or lives, in their own right, or in virtue of any 
 loans or advances, or of any policy or contract of insurance ; to make 
 dividends; to provide for the investment of funds of the company in 
 such manner as may be deemed most beneficial, and to invest the 
 same in any stocks of any kind or loans, or otherwise, as may be 
 judged best for the interests of the company. 
 
 Policies, how 
 
 bin ding 
 
 4. All policies of insurance and other contracts made by the said 
 company, signed by the president and countersigned by the secre- 
 tary, shall be obligatory on said company, and have the same effect 
 as if said contracts had been attested by a corporate seal. 
 
 Affairs of com- 5. r riie affairs of the company shall be managed by a president 
 
 pany, how , , . /..<•> ■ e 
 
 manuged and ten directors (a majority 01 whom shall constitute a quorum tor 
 
 the transaction of business), who shall continue in office one year 
 
INSURANCE COMPANIES. 219 
 
 from the time of their election, and until others arc elected in their 
 stead, to be chosen by ballot, by ;i majority of the votes of the stock- 
 holders present in person or by proxy : and no director shall he eligi- 
 ble unless he owns in big OWH right at least five slums of the capital 
 stock of said company. Each stockholder shall be entitled to as 
 many votes at any meeting of the stockholders as hesmay own shares 
 in said company. The directors I" l>e elected at the first meeting 
 
 under this act. shall continue in office until the first Monday in Feb 
 rnary (or until others are chosen in their place) ; on which said 
 Monday in February, and annually thereafter, there shall be a ge- 
 neral meeting of the stockholders, for the election of a president and Biecttoniof 
 din ctors, and such other business as may conic before them. In 
 Case of death, resignation or disqualification of the president or any 
 of the directors, the remaining directors may elect others to supply 
 their places for the unexpired time. 
 
 <i. The president and directors ma} T appoint an agent or agents Agents, how 
 in any of the cities, towns or counties of this state, or elsewhere, to appo " 
 make insurances, and for the transaction of all other business of the 
 company. 
 
 7. The persona named in the first section shall be commissioners Commissioners 
 to receive the subscript ions to (be capital stock of this company, any 
 three of whom may act. 
 
 B. Nothing in this act shall be BO construed as to authorize the Not to tone note 
 • i , . . . . , , • ., r >" nature of 
 
 said company to issue Ot put m circulation any note in the nature 01 bank note 
 
 a bank note, or to own more land than is necessary for an office 
 
 building. 
 
 9. This act shall be in force from its passage, and be subject to Commenoeineat 
 amendment, modification or repeal, at the pleasure of the general 
 
 My. 
 
 ( bap i .'- — An ACT to amend the 4th section of an art Inc or p or ating the 
 Jefferson Insurance Company of All" marie. 
 
 Tassfrl April 3, 1 ! 
 
 I'- N ' nricti d. that the fourth section of the act to incorporate Act aa 
 the J< tb raon insurance company of Albemarle, pass* d March seven- 
 teenth, eighteen hundred and sixty, be ami the same i- liercby 
 amended and n o as to read aa follows: 
 
 DW6f and authority to in- 
 capital stock and other fundi in bank, state or other stocks, in I 
 
 purchase of bonds issu< d bj this at any oUm r state, at tt ta 
 
220 lNsriiAM IE COMPANIES- 
 
 State.-, and <if bonds of any inoorpontod company; to lend money 
 upon persona] <>r real security, ami to purchase or otherwise acquire, 
 
 Baal and pano- to have ami to bold, and likewise to coiivev and >ell any real or par- 
 te, how . „ . , . . 
 
 i,,h Bonal estate lor the purpose <>t Beonnng any debt or debts tliat may 
 
 be dm- to them, and for their own use and convenience." 
 
 Chap. 189. — An ACT bo Incorporate the Western Virginia Enso 
 ( lompany. 
 
 Pasoed February 18, 1861. 
 
 Company l. Be it enacted by the general assembly of Virginia, thai B.J. 
 
 Armstrong, 1>. P. Morton, c. W. Hansborough, G. II. A. Kunst, 
 M. MoGee, J. A. Robinson, L. Mallonee, William J. Robinson, W. 
 
 II. Freeman, .M. A. Iliman, John Doonan and Henry ComptOD, to- 
 gether w itli such ether persona as may hereafter be associated with 
 
 them, and their successors, the holders of the capital stock herein 
 after authorized to be raised, shall be and they are hereby constituted 
 and made a body corporate, under the name and style of The 
 Western Virginia Insurance Company: and by that mum 1 and Btyle, 
 are invested with all the rights, powers and privileges conferred, and 
 made subject to all the rules, regulations and restrictions imposed by 
 the Code of Virginia, and not inconsistent with the provisions of 
 this act. 
 
 Capital stock 2. The capital stock of said company shall not be less than thirty 
 
 thousand dollars nor more than five hundred thousand dollars, to be 
 divided into shares id" the pat value of fifty dollars each. 
 
 Powergofcom- 3. The said company shall have authority and power to make in- 
 pany ag to , . " . . , , -, , , 
 
 insurance, &c surance against all marine risks and against any damage or loss by 
 
 fire, or by any other liability, casualty or hazard upon every kind of 
 property, real, personal or mixed; to guarantee the payment of pro- 
 missory notes, bills of exchange and other evidence of debt ; to hud 
 money on bottomry or respondentia: to cause themselves to be in- 
 sured against all risks upon the interests they may have in any pro- 
 perty in their own right, or by virtue of any loans or advances, or of 
 any policy or contract of insurance. 
 
 Investments 4. The company shall have power and authority to invest its capi- 
 
 tal stock or other funds of the company in any bank or other stocks, 
 in the purchase of bonds issued by this or any other state of the 
 United States, and of the bonds of any incorporated company, and 
 to lend money upon personal or real security. 
 
 Secretary com- 5. The secretary of said company shall be a competent witness 
 in all suits for or against the said company in all the courts of 
 
INSURANCE COMPANIES. 201 
 
 this commonwealth : provided his interest in the said company shall 
 not exceed thirty shares. 
 
 6. The affairs of the said company shall be managed by a presi- Affair* of com- 
 denl .iiiii seven directors, being stockholders (a majority of whom managed 
 shall be B quorum), who shall continue in office one year from the 
 
 time of their election and until others are elected in their stead, to 
 be chosen by ballot by a majority of the stockholders present in per- 
 son or by proxy. 
 
 7. Each Btookholder shall be entitled to as many votes at any Votrn 
 
 meeting of the stockholders as he may own shares in said company. 
 
 The directors to be elected at the first meeting under this act shall 
 
 continue in office until the first Tuesday in October eighteen hundred 
 
 ami silty-tWO (or until others are chosen in their place). On which Meeting of 
 . , ' , _ , ,ii r i ' i ii i stockholders for 
 
 said first 1 uesday in October annually thereafter there shall be B elections, Ac 
 
 general meeting of the stockholders for the election of directors, and 
 for such other business as may come before them. At the first meet- 
 ing after every election the directors shall choose from among them- 
 selves a president, and allow him a reasonable compensation for bis 
 services; and in ease of death, resignation or disqualification of the 
 president or any of the director-;, the remaining directors may elect \ 
 Others to supply their places' for the remainder of the term for which 
 tiny were chosen. 
 
 8. The president and directors may appoint and dismiss at their Officers, how 
 pleasure a secretary and such other officers as may be necessary for appou # 
 the transaction of the business of said company, and allow such com- 
 pensation for their services as tiny may deem reasonable, and shall 
 
 require of such secretary or other officers to enter into bond for the 
 faithful performance of their duties. 
 
 9. The president and directors may appoint agents in any of the \... Dtt,how 
 
 cities, town* or counties of tlii^ state or elsewhere, to receive off r- ' ,1 "" 1 " 
 mi'- for insurance, and for the transaction of such buitneM of the 
 company a- may be confided to them. 
 
 in. 'If' persons named in the first section shall open books Oonmiissoaan 
 (whenever tiny may deem expedient) to n 1 1 ive lubscriptiona to the 
 capital stock of said company . 
 
 11. Nothing in this act shall be so construed a- to authorise the ProhiMtfoaM to 
 
 ■ , . . . . ■ , i bank : 
 
 laid company to issue or put into circulation any note m the nature 
 of :i bank note, or to OWfl more land than i- J fbl an <■: 
 
 building. 
 
 12. I ball be in force from ii- ; provided nothing* 
 
 hen in contained shall prohibit tie bly from ;ilt. i 
 
 afaending or repealing tl i 
 
222 
 
 [N8l B MI'AMKS. 
 
 fompany 
 
 Chap. [30.— An ACT t<> incorporate the Richmond City Insurance Com- 
 pany of Richmond. 
 
 I. Be it enacted by the general assembly of Virginia, that Richard 
 i,. kforriss, Robert A. Lanoaster, Gheorge \v. Yancey, William N. 
 Barrel and Robert P. Morriss, together with Booh other persona as 
 may 1m- hereafter associated with them, shall be ami tiny arc hereby 
 constituted and made a body politic ami oorporate, by the name ami 
 style "t The Richmond City Insurance Company; ami by thai came 
 ami style, arc invested with all the rights ami privileges oonferredi 
 ami made subject to all the rules, regulations ami restrictions imposed 
 by the Code of Virginia, ami all acts amendatory thereof .applica- 
 ble to such corporations, ami net inconsistent with the provisions of 
 
 this act. 
 
 Capital Ftock 'J. The capital stuck of said corporation shall not he less than 
 
 twenty-five thousand dollars nor more than five hundred thousand 
 dollars, divided into shares of fifty dollars each. 
 
 Insurance, how 
 and upon 
 what made 
 
 [avail 
 
 how imido 
 
 I, how 
 binding 
 
 3. The president and directors are authorized to make insurance 
 upon vessels, freights, merchandise, Bpeoie, bullion, jewels, profits. 
 commissions, bank notes, hills of exchange ami other evidences of 
 
 debt, bottomry and respondentia interests, and to make all ami every 
 insurance connected with marine ri>ks and risks of transportation 
 
 and navigation; to make insurance on dwellings, houses, stores ami 
 
 other kinds id' buildings, and upon household furniture and other 
 
 property and merchandise, against loss or damage by fire; to make 
 insurance on lives; togranl annuities: to guarantee the payment of 
 
 notes, ho. ids. hills of exchange, and to make all kinds of contracts 
 for the insurance of ever] description of property; to cause them- 
 selves to he insured against all risks upon the interest they may have 
 in any property or lives in their own right, or in virtue id' an] loans 
 or advances, or of any policy or contract of insurance; to receive 
 
 m y on deposit, and pay interest thereon, as may he advantageous 
 
 to the stockholders; to provide for the investment of funds of the 
 
 company in such manner as may he deemed most beneficial, and to 
 
 invest the same in any stocks id' any kind, or loans or otherwise, as 
 may he judged best lor the interest of the company: provided, that 
 in no event shall the deposits he liable for the satisfaction id' any 
 policy. 
 
 1. All policies of insurance and other contracts made by the said 
 company, signed by the president and countersigned hy the secretary, 
 .•hall he obligatory on said company, and have the same cU'ect as if 
 said policies and contracts had been attested 1>\ a corporate seal. 
 
 CommiSBionerg 5. The person* named in the first si ction shall be the euinmis- 
 
INSURANCE COMPANIES. 223 
 
 sinners to receive the subscriptions to the capital stock of this com- 
 pany, any three of whom may act. 
 
 (>. Nothing in this act shall be bo construed as to authorise the Prohibition at 
 
 . , . . , . . ., -to banknotes 
 
 said company to issue or put in circulation any note in the oature oi 
 a bank note, or own more land than is necessary for its office build- 
 ing, unless for the purpose of seouring or obtaining payments of 
 debts contracted with the said corporation in the transaction of its 
 business. 
 
 7. The president and directors may appoint an agent in any of Afant, how 
 
 the lilies, towns or counties in this or any of the states, to receive '' I ' 1 ' 01 ' 
 offerings for insurance, and for the transaction of such business of 
 the i ompany as may be confided to him. 
 
 B. Each stockholder of the company shall be entitled to as many votes 
 at any meeting of the Stockholders as he may own shares in 
 
 said company. 
 
 !». The stockholders of the company shall not be liable for any stockholder*, 
 loss, damage or responsibility other than the property they have in 
 the capita] stock and funds of the company, to the amount of the 
 
 share- p spectively held by them, and any profits arising thereon not 
 divided. 
 
 10. Thi secretary of said company shall be a competent witness Secretary, 
 
 in all suits fur or against the said company in all courts of this com- "' 
 mon wealth: provided his interest in said company shall not exceed 
 
 thirty shaft I. 
 
 11. This ad shall lie and continue in force from its passage: pro- Commencement 
 tided nothing herein contained shall prohibit the general assembly 
 
 from altering, amending or repealing the same. 
 
 (*ii \r l.'.l — An \( i Inoorporal 
 
 1. !'• d by the general assembly of Virginia, that Jehu r-nmpany 
 
 w Barclay, Robert .1. White. William McLaughlin, Josepl 
 
 i.i' e* w Kfassie, I >ai id L. Hops 
 James K McNutt and Edward J. Leyburn, 
 
 and all others who a pd with them under this act, not 
 
 1< m than twenty . be and the] 
 
 ism and -t\ h of 'l I 
 insurance 4 otnpanj : and by that u style, shall 
 
 inn -t' '1 with all ti • ..,,f, rr , ,i. 
 
22 1 
 
 INSURANCE COMPANIES. 
 
 made subject to all the rales, regolatioaa and tustiiotions impond l»y 
 the < lode of Virginia applicable to mob. corporations, and to all other 
 iota amendatory thereof, which have heretofore it may hereafter in" 
 
 paimodi BO tar as the same an- not i nmmgfatf Ult with this act. 
 
 InMirni 
 ■ad opt 
 
 made 
 
 2. To make insurance apon dwellings, houses, ston a ami all other 
 kind <>f buildings, either in tows or country, ami apon hoasehold fur- 
 niture, nierohandise ami other property, against loss or damage by 
 (ire--, to make insurance apon lives: to cause themselves t" be re- 
 insured, when deemed expedient, against any risk or risks apon 
 which tluy have made or may make insurance ; to arrant annuities; 
 to receive endowments; t<> contract for reversionary payments; to 
 guarantee the payment of promissory notes, hills of exchange or 
 other evidence of debt \ to make insurance upon vessels, freights, 
 goods, wares, merchandise, Bpeoie, bullion, profits, commissions, 
 bank notes, bottomry and respondentia interests; and to make all 
 
 and every insurance connected with marine risks of transportation 
 
 and navigation. 
 
 on deposit 
 
 Investments, 
 
 bow made 
 
 3. To receive money on deposit and L r rant certificates therefor in 
 accordance with the conditions set forth in sections four and five, 
 chapter fifty-nine of the Code of Yirginia ; hut in ao case are such 
 deposits or certificates therefor to he held liable to make good any 
 
 policy of insurance issued by this company. 
 
 4. The funds of this company, however derived, may he invested 
 in or loaned on any stock, or real or personal security. 
 
 Capital stock .">. The capital stock of said company shall not he less than thirty 
 
 thousand dollars nor more than four hundred thousand dollars, to he 
 
 How payable divided into shares of one hundred dollars each. The said capital 
 
 stock shall be payable by each subscriber, at such time or times as it 
 
 may be called for by the president and directors, and in such pro- 
 portion as they may deem necessary; and if any subscriber shall 
 fail to pay the same BO called for upon each and every share so held, 
 within twenty days after the same has heen so called for and de- 
 manded, then the amount so called for may he recovered by motion. 
 Upon twenty days' notice in writing, in any court of record in the 
 county or place of residence of the holder of stock. 
 
 AfTiiird f>f com- 
 
 p. in , turn 
 
 m;muged 
 
 <i. The affairs of said company shall he managed by a president 
 and hoard of directors, seven in number, four of whom shall consti- 
 tute a quorum. Said directors shall he elected from among the 
 
 stockholders of said company in general meeting assembled, by a 
 
 inajority of the votes of said stockholders present in person or by 
 
 proxy, according to a scale of voting to be herein after prescribed; 
 
 and the directors thus chosen, at their first meeting shall choose from 
 
 among themselves a president, and allow him a reasonable oompen- 
 
INSURANCE COMPANIES. •-'•-'"» 
 
 sation for his services : the said president and directors to continue 
 in office one year, or until their successors shall be appointed. In 
 case of vacancy in the offioe of president ox directors from any cause, 
 the remaining directors may elect others to Bupply their places for 
 the remainder of the term for which they WCTC elected. 
 
 7. The president and directors of said company shall appoint a officer*, h<m 
 secretary and such other clerks and officers as they may find DCCCS- Bppo 
 
 sary for the proper conducting of the business of the company, and 
 shall allow them suitable compensation for their services, and take 
 from them bonds, in such penalties and with such security as the) 
 may prescribe, for the faithful discharge of their duties: all of which 
 officers shall hold their places during the pleasure of the board of 
 directors. 
 
 8. The president and directors shall have power to appoint agents Agents 
 in any pari of this state or elsewhere. 
 
 9. The scale of voting at all the meetings of said company shall Scale of voting 
 be. one VOte for each share of stock not exceeding twenty; one vote 
 
 for every two shaves exceeding twenty ami not exceeding two hun- 
 dred; one vote for every four share- exceeding two hundred: ami 
 every stockholder not in debt to the company may at pleasure, by 
 r of attorney, or in person, assign ami transfer his stock in the 
 company on the books of the same, or any part thereof, not being 
 than a whole share: but no stockholder indebted to die company 
 shall be permitted to make a transfer or receive a dividend, until 
 such debt is paid or secured, to the satisfaction of the board of 
 directors. 
 
 10. The president and directors shall have power to declare SUch Divide) 
 
 dividends of the profits of the company as they may deem proper: 
 provided, that no dividend shall be declared when, in the opinion of 
 a majority of the board, the capita] stock would be impaired thereby. 
 They shall also make and publish at the end of ever] & ipt 
 
 that in which the company goes into operation, a report showing the 
 condition of the company in regard to its DU8UM M for the current 
 
 11. The members of the company shall not be liable for any loss. St^khoid-r*, 
 e or responsibility, ether than the property the] have in the 1 
 
 d and fundi of the com]. any. to the amount of the shares re- 
 vdy held by them, and any profit* at iaing th( re from not divided. 
 
 12. . .nied in the fir- 1 section shall be commb 
 who-, dutj it shall be. within six month- after the passage of this 
 
 llll 
 
 Other pia. ■ - m ;•< r. to op nl,. 
 
 13 
 
336 INMKAMT. COMPANIES. 
 
 soriptiona in the capital Btooh of said corporation i and five days' 
 notice shall be given by said ooinmiasionera of the time and place of 
 opening said books, in tin- newBpapera published in the town of Lex- 
 ington ; whioh luniks shall not be doted in lesa than twenty days 
 from the time of opening. The said commissioners Bhall give a like 
 notice for a meeting of the stockholders to choose directors. They 
 shall supervise the first election of said officers, and -hall deliver over 
 to them, when so elected, any property belonging to the corporation 
 that may have come into their hands. 
 
 Prohibit) L3. Nothing in this act shall be so construed as to authorize said 
 
 company to issue and put into circulation any note in the nature of 
 a hank note. 
 
 Commeneemenl 11. This act shall lie in force from its passage, and shall he BUDJeCt 
 to modification or repeal, at the pleasure of the general assembly. 
 
 ( hap. 133. — An ACT to amend an act passed January 23d, MiO, cntitlod 
 an act to incorporate the Virginia Life Insurance Company. 
 
 Passed February I, 1861. 
 
 act amended 1. Be it enacted by the general assembly, that the iifth section of 
 nn act passed the twenty-third of January eighteen hundred and 
 sixty, entitled an act to incorporate the Virginia life insurance com- 
 pany, be amended and re-enacted so as to read as follows: 
 
 annual meeting, " § 5. There shall lie an annual meeting of the company for the 
 election of directors, held in the city of Richmond at such time and 
 
 Quorum place as (he directors may appoint. A majority of the guarantee 
 
 capital stock, represented in person or by proxy, shall constitute a 
 
 Voting quorum at such meeting for the transaction of business. In all 
 
 meetings of the company, every shareholder shall be entitled to one 
 yule for each share of the guarantee capital stock standing in his 
 name on the books of the company; and any free white person, 
 other than a holder of one or more shares of the guarantee capital 
 stock, who holds a policy of insurance on his own life or the life of 
 another white person for the whole term of life, on which a premium 
 of not less than one hundred dollars per annum is paid, or who holds 
 a policy of endowment paying a premium of not less than one hun- 
 dred dollars per annum, or who is entitled to an annuity from the 
 company of not less than one hundred dollars per annum, shall be 
 in like manner entitled to one vote : and no other person shall bo 
 entitled to vote in the meetings of the company." 
 
 Policy for 2. That any policy of insurance issued by the said Virginia lifo 
 
 insurance company on the life of any person, expressed to be for the 
 
INSURANCE COMPANIES. SAVINGS BANKS. 227 
 
 benefit of any married woman, whether the same be effected by her- ried woman, 
 self or her husband, or by any other person, shall enure to her sole 
 and separate use and benefit and that of her or her husband's chil- 
 dren, if any. as may be expressed in said policy, and shall be held 
 by her free from the control or claim of her husband or his creditors, 
 or of the person effecting the same, or his creditors. 
 
 3. This act shall be in force from its passage. Commencemi at 
 
 Chap. 133. — An ACT to amend tin' act incorporating the Insurance Com* 
 pany of the State of Virginia of Richmond. 
 
 r 1 March 16, 1861. 
 
 1. Be it enacted by the general assembly, that flic first and second Act amended 
 sections of the act passed March twenty-ninth, eighteen hundred and 
 fifty-eight, entitled an act to incorporate the Insurance company of 
 the state of Virginia of Richmond, be and the same are hereby 
 amended and re-enacted so as to read as follows: 
 
 "§1. Be it enacted by the general assembly of Virginia, t hat 
 James Alfred Jones. Wellington Gcddin, Daniel Dodson, and such 
 
 Other persons as may be hereafter associated with them, shall be and 
 they are hereby constituted ami made a body politic and corporate, 
 by the name and style of The Insurance Company of the State of Name of 
 Virginia; and by that name and style, are invested with all the m'-h'i"'!L] 
 rights and privileges conferred, and made subject to all the rules. '' nvM ''P < "' 
 regulations and restrictions imposed by the Code of Virginia appli- 
 cable to such corporations, and not inconsistent with the provisions 
 of this act. 
 
 " § 2. The capital stock of said corporation shall not he less than Capital stock 
 •me hundred thousand dollars nor mure than one million dollars, di- 
 vided into shares of twenty-five dollars each." 
 
 ','. This act -hall be in force from it< pasfll mmeaeemeiil 
 
 Chap, 134. — An ACT incorporating the Staunton - Bank. 
 
 1 Be it enacted by the general assembly, that Benjamin ('raw Ba&kiaoor- 
 ford, Robert <;. w . Bbcffey, John D. [mboden, John '' 
 
 A. Herman, Davit A. Kayter, Joseph A. Wa.hhii. George E. Pi 
 
 I hran. and such other penoni a- may hereafter he 
 
SAVINGS BARKS. 
 
 , luted with ilicii). shall be and an hereby constituted a body 
 eerporate and politic, by the name and style of The Staunton Bar- 
 ings Bank; and by this name and style, are hereby invested with 
 all the rights, powers and privileges ennt", ried. and made subject to 
 all the rules, regulations and restrictions imposed by the provisions 
 of the fifty-ninth chapter of the Code et' Virginia of eighteen hun- 
 dred and sixty, and all other genera] laws of the commonwealth ap- 
 plicable to such corporations, and not inconsistent with the provi- 
 sions and purposes of this aet. 
 
 OommoMemenl 2. This act shall lie in force from ils passagi 
 
 Chap. 135. — An ACT to incorporate the Central Savings Bank of the City 
 
 of Richmond. 
 
 • .1 April Q, 1PC1. 
 
 Bank incor- 1. ]?«' il enacted by die genera] assembly, that Joseph Taylor, 
 
 John W. Garlick, A. B. Clarke. E. 8. Turpin, William II. Gwafth- 
 mey, Oliver B. Hill, L. S. Chandler, Charles J. Baldwin, J. II. Plea- 
 sants, William T. King, J. c. Redwood, and such others as may 
 
 hereafter be associated with them, shall be and they are hereby con- 
 stituted and made a body politic and Corporate, by the name and 
 
 style of The Central Savings Hank id' the city of Richmond; and 
 
 by this name and style, are hereby invested with all the rights, 
 powers and privileges conferred, and made subject to all the rubs. 
 regulations ami restrictions imposed by the provisions of chapters 
 
 fifty-seven and fifty-nine of the Code of Virginia, and all acts amen- 
 datory thereof. 
 
 ■ in 2. This act shall lie in force from its paSBS 
 
 Chap. 136. — An ACT t<> incorporate the Commonwealth Savings Bankol 
 
 Richmond. 
 
 Passed March L5, L86L 
 
 Bankineor- 1. Be it enacted by the general assembly of Virginia, that S. B. 
 
 Hughes, William Brent, John <>. Chiles, J. B. Ferguson, George 
 \\. Gretter, clay Drewry, William .M. Allen, R. AY. Wyatl and D. 
 
 T. Williams, together with such other persons as are now or may be 
 hereafter associated with them, shall be and they are hereby consti- 
 tuted ami made a body politic and corporate, by the name and stj Le 
 oi The Commonwealth Savings Bank of Richmond; and by this 
 name and style, are hereby invested with all the rights, powers and 
 
S,\ vixos BANKS. 229 
 
 privileges conferred, and made subject to all the rules, regulations 
 and restrictions imposed by the fifty-ninth chapter of the Code of 
 Virginia, and any and all provisions of said Code applicable to such 
 corporations. 
 
 2. This act Bhall he in force from its passage, Commencement 
 
 Chap. 137. — An ACT to incorporate the Manchester Savings Bauk In tlio 
 Town of Manchi 
 
 Pan i February lf», 18 
 
 1. Be it enacted by the general assembly, that Jeremiah Eobba,Baoi 
 James If. Perdue, WJJliam If. Brander, Ajax Gary, William <;.'' 
 Taylor, Frederiok W. Bedford and Samuel D. Atkinson, or any of 
 the above named persons, and snob others as may be associated with 
 
 them. shall he and they are hereby made and constituted a body 
 politic and corporate, under the name and style of The Manchester 
 Savings Bank; and by mis name shall he invested with all the 
 powers, rights, privileges and immunities conferred, and made sub- 
 ject to all the rules, regulations and restrictions imposed by the fiftv- 
 ninth chapter of the (Ode of Virginia, and any other provisions of 
 said Code expressly applicable to savings hanks, and the act passed 
 March thirteenth, eighteen hundred and fifty-eight, entitled an ad 
 to amend the fourth section of chapter fifty-nine of the Code of 
 Virginia. 
 
 •J. The capital stock of said hank shall not exceed one hundred I 
 thousand dollars. 
 
 haU he in force from its p.i~-. I 
 
 Chap. 138 — aj ACT - - Bank in 
 
 tin' Town of I * r« 1 1 1 in the Comity of M 
 
 1. I nihly. that John T. Filer, Bank bx 
 
 W'illard. II. T. Garrison, < 'hark 
 Lemuel Vanortdall, Robert ('. Qustin, G chain and G 
 
 \V. Hunt' - with Mich otl iter 
 
 associated with them, shall be and they an- ' and 
 
 made a body politic and corporaU . bj the nirnr 
 Berkeley Sprin - ok, to be boated ■ the town of Rati 
 
 in the ■ -uniity <•( Ifoi i hy tin* • hy 
 
230 
 
 SAVINGS BANKS. 
 
 invested willi all the rights, powers tad privileges conferred, ami 
 made subject to all the rale.». regulations and restrictions imposed 
 by the proviaioiu <<( chapter fifty-nine of the Code of Virginia, and 
 
 any other provisions of .-aid Code of a general character, upnlicu- 
 
 ble to sooh corporations. 
 
 Comm«;i "J. This aet shall he in force from it- pat 
 
 Chap. 139. — An ACT t<» Incorporate the Home Savings Bank ■•: :i I 
 of Richmond. 
 
 pomifd 
 
 186L 
 
 l. Be it enacted by the general assembly,^ha1 T. 1.. I>. Walford, 
 Robert Garthright, .1. C. Shields, W. E. Johnson, Thomas J. Bagby, 
 <». II. Chaikley, J. J. Mercer, W. F. Mitchell, W. W. Well-, s. .',. 
 Flournoy and John 1'. Hill, their associates and successors, shall be 
 and they are hereby incorporated and made a body politic and corpo- 
 rate, under the name and style of The Home Savings Bank in the 
 
 City <»f Richmond: and hy that name and Btyle, shall have all the 
 
 rights, powers and privileges, and he subject to all the rules, regula- 
 tions and restrictions imposed by the provisions id' existing laws ap- 
 plicable to such a corporation. 
 
 '.'. The capital stock of said hank shall not he more than one hun- 
 dred thousand dollars. 
 
 .'!. This act shall he in force from its passage, and shall he suhjcet 
 
 to modification or repeal, at the will of the general assembly. 
 
 Chap. 140. — An ACT to incorporate the Merchants Savings Hank of 
 Richmond. 
 
 
 i • .1 January 98, isiii. 
 
 I. Be it enacted by the genera] assembly, thai John ll. Claiborne, 
 Robert T. Brooke, Alexander Garrett, Robert M. Barton, David 
 Currie, .lame.- L. .Maury. George X. Gwathmey, George J. Sumner, 
 
 William ll. christian. William G. Paine, John c. Shafer, John 
 Dooley, John .1. Wilson, I'. c. Warwick, d. J.. Apperson, John T. 
 Sublett, John 11. Montague, .lames II. Hacked, Lewis G inter and 
 Samuel . i. Harrison, together with suoh other persons as may here- 
 after be associated with them, shall he and they are hereby consti- 
 tuted and made a body politic and corporate, by the name and style 
 of The Merchants Savings Bank <d' Richmond; and by this name 
 
SAVINGS BANKS. 231 
 
 and stylo, are hereby invested with all the rights, powers and privi- 
 leges conferred, and made subject to all tho ride.-, regulations and 
 
 restrictions imposed by the proi isions of the fifty-ninth chapter of the 
 Codo of Virginia applicable to snob corporations. 
 
 2. The capital stock of the said bank shall jiot exceed one hnn- capital stock 
 drcd thousand dollars. 
 
 3. This act shall be in force from its passage. 
 
 Chap. 141. — An ACT to incorporate the Tobacco Savings Bank in the City 
 of Richmond. 
 
 1. Be it enacted by the general assembly, thai A. P. Brown, B. Bank moor 
 J. Johnson, B. P. Harris and A. J). Chalkley. and their associl 
 
 and -inc. BSOIS, shall he and they are hereby made a bodj politic and 
 
 corporate, under the name and style df The Tobacco Savings Bank 
 in the City of Richmond; and by that name ami style, shall bein- 
 1 with all the rights, powers and privilege e eonf< rred, and made 
 subject to all the rule- applicable to such corporations. 
 
 2. The capital stock of said bank shall not be lose than five nor Capital 
 more than one hundred thousand dollars. 
 
 3. This act shall be in force from its passage, and shall be Bubj< I I I i mem 
 
 to modification or repeal, at the pleasure of the general assembly. 
 
 1 tS —An A' T ;•' in orp< ' Dongahcla - ok in 1 1 ■< • 
 
 I. Be it enacted by the general assembly of the state of Virginia, 
 that \v. \. Banway, K. I'.. Carr, A. L. ffye, < P. Pitch, J. M 
 
 lith. .1. 1. I.. Wilson ai :,,„] 
 
 iated with them, be and 
 .re hereby madi a bod] i and politic, by the name and 
 
 ■tyl< 
 
 • I <d all t' 
 
 fifty in ut i. tier with all o4 
 
 part- q| ; 
 
 icy may be Lnoonsistenl with ' 
 

 SAVINGS BANKS. 
 
 1 
 
 in Jo >: . 
 
 2. The capital stock of said bank shall bo divided into shares of 
 twenty dollars each: and the subscriptions thereto shall be made, 
 received and paid at such times and in such installments as niav he 
 prescribed by a majority of the persons named in the first section of 
 this act. 
 
 Amount, how 
 
 3. The amount Of the capital stuck of said hank shall be fixed hy 
 a majority Of said persons, so that the same be DOl less than ten 
 thousand dollars m>r mure than one hundred thousand dollars. 
 
 dm 1. 'The stockholders shall determine the number of the directors 
 
 >f said hank, so that they he not less than five, and elect the same. 
 
 Voting "). In all elections and all other questions, each member shall be 
 
 entitled to one vote on every share of stock owned by him or her. 
 
 lencement <>. This act shall he in force from its passage. 
 
 
 Chap. 143. — An ACT to amend an act entitled an act incorporating the 
 Princess Anne Savings Bank, passed February 27th, I860. 
 
 Passed January 98, 1861. 
 
 1. Be it enacted by the general assembly of Virginia, that the first 
 and second sections of the act incorporating the Princess Anne sav- 
 ings bank, passed February twenty-seventh, eighteen hundred and 
 
 sixty, be amended and re-enacted so as to read as follows: 
 
 ncor 
 
 "§ 1. Be ii enacted by the general assembly, that John .1. l>ur- 
 ronghs, Henry 1'.. Styron, Wilson M. Bonney, Eenry B. Woodhouse, 
 Walters. Way, David II. Bright, Jonathan W. old. John Gornto, 
 
 Francis Thorns II. P. Woodhouse. William C. Smith and Edgar 
 
 Burroughs, and their associates and successors, shall be and they are 
 hereby incorporated and made a body corporate, by the name and 
 -t\ le id' The Princess Anne Savings Hank in the County of Princess 
 Anne; and by that name ami style, are hereby invested with all 
 the rights, powers and privileges conferred, and made subject to all 
 
 the rules, regulations ami restrictions imposed by the provisions of 
 
 chapter fifty-nine of the Code of Virginia, and all other provisions of 
 law which may be applicable to such corporations. 
 
 Capital "§ 2. The capita] stock id' said bank shall not exceed the sum of 
 
 one hundred thousand dollars." 
 
 Commencement 2. This act shall be in force from its passage. 
 
SCHOOLS AND COLLEGES. 233 
 
 Chap. 111. — An ACT incorporating the Independence Hale and Female 
 College in the County of GrayBon. 
 
 Passed February ]6, 1861. 
 
 I. lie it enacted by the general assembly «if Virginia, thai .lamer-' company 
 Dickey, Abraham Elliott, Bryson Darnal, Alexander M. Davis, mcorpori 
 Wiley I>. Bale, George W. Cornntt, Fleming S. Thomas, Basten 
 Fulton. Samuel I'.. Cox, Doctor R. H. Huffman, I". M. Nelson, 
 Doctor William Bramletl ami EDphraim Gentry, ami their associates 
 ami successors, In- ami they arc hereby constituted a body politic 
 and corporate, under the name ami style of The Trustees of the 
 Independence Male and Female College in the town of independence 
 in tin' county of Grayson'; ami by that name, Bhall have perpetual 
 
 BUCCeSBion ami a common seal, ami may sue ami be sued, plead ami 
 he impleaded in any eunrf of law or equity. The Said trustees of 
 tlm independence male and female college shall lie capable in law 
 to receive, hold and dispose of real and personal property, in order 
 to cany out the purposes of their corporation : provided, thai a ma- 
 jority of said trustees and their successors may at any time hereafter 
 increase the Dumber of trustees to twenty: ami provided further. 
 that a majority of said trustees shall ho stockholders in said college. 
 
 2. The said Independence male and female college shall he under Control of 
 the control and management of the said trustees, and their aS80- C ° eg ° 
 elates and successors, who Bhall appoint a principal, professors and a 
 ;rer. and such other officers as they may deem proper, and 
 make and establish from time to time such by-laws, rules and regu- 
 lations for the government of said college as to them may seem fit, 
 imt contrary to the law- of this state or of the United States. A 
 majority of the trustees shall constitute a quorum for the transaction 
 of business; and any vacancy or vacancies in the said board of 
 
 trusb oned by death, resignation or otherwise, shall he sup- 
 
 plied by appointment of the remaining trustees: and they may re- 
 am- member of their body, two-thirds of the whole number 
 nt ami concurring. 
 
 ::. I'iie treasurer shall receive all mi i ruing to t' 
 
 id property delivi red to his care, ami shall pay or deliver 
 !.. the order of the hoard of trustees. 1'.. fere entering 
 
 upon tie . ; of his dutii -. he ihsil give bond with p 
 
 rity. and in such penalty as the board may direct, made payablt 
 the ti the time being, ami theii 1 conditio) 
 
 for the faithful performance of the duties of hi- office, under snob, 
 and regulationi a- the board may adopt. 
 
 1- I reby authorised to raise by joint sfc '->» 
 
 nbsoriptioa a sum not lest than one thousand dollar- nor i mand 
 
 than ten taoasand do]!.. .axiraum 
 
234 SCHOOLS AND COLLEGES. 
 
 each, ami shall Sedan raoh dividends annually ou the same as 
 tin' net profits of the said college may justify: and shall also have 
 pOWd to OOlleol BnbsoriptionB to said BtOOk in the manner now pre- 
 
 scrihed by law for the collection of subscriptions to joint stock oom- 
 panieB. 
 
 Who to have 
 
 ."». Every person holding one or more shares of the stock of said 
 institute, shall have an interest in the whole property of said insti- 
 tute, in proportion to the number of shares subscribed! for or held by 
 him, and the paymenl thereof. 
 
 : raoaal 
 estato 
 
 G. The stuck of the said institute shall he deemed personal es- 
 tate, and may pass or de80end and he disposed of by the holder a 
 any other personal estate. 
 
 Commencement 7. This act shall 1)0 in force front its passage. 
 
 College incor- 
 porated 
 
 Chap. 145. — An ACT to incorporate the Montgomery Female College. 
 
 Passed March 14, 18C1. 
 
 1. Be it enacted by the general assembly, that Samuel D. Stuart. 
 Bice D. Montague, Joseph S. Edie, Charles A. Miller, Frederick 
 Johnston. Wilh'am C. Ilagan, William P. Hickman, James C. Tay- 
 lor, John S. Grasty, John B. J. Logan, Madison Pitzer, James M. 
 Bice, Thompson McAllister, Eohert Enper, .lames N. Lewis, A. L. 
 Hogshead, John J. Wade, Orias Towers, William P. JunMn, Andrew 
 Hart. "William M. Montague, James V. l'reston. A. <i. .Mathews and 
 Franklin Grayson, and their successors, he and they are hereby con- 
 stituted a body politic and corporate, under the name and style of 
 The Montgomery Female College; and by that name, shall have 
 perpetual succession and a common seal, and may sue and be sued, 
 plead and be impleaded. 
 
 Power to hold 
 real and per- 
 gonal property 
 
 2. The said trustees shall be capable in law to receive, hold and 
 dispose of real and personal property, in order to carry out the pur- 
 poses of their incorporation. A majority of said board of trustees 
 shall constitute a quorum for the transaction of business. They 
 shall have power, for good cause, to remove any member of their 
 body, and may supply any vacancy therein occasioned by death, 
 resignation or otherwise. 
 
 Annual meeting 3. There shall be an annual meeting of said trustees at such time 
 and place as they may from time to time appoint. 
 
 Insurance 
 
 4. The said board of trustees shall have power to effect insurances 
 
SCHOOLS AXD COLLEGES. 235 
 
 on their Teal and personal properly; and fur the purpose of paying Loans, &.c 
 off liabilities already contracted for buildings and lot, and improving 
 and enlarging the same, they may contract loans, or cause to be 
 "issued certificates of debt or bonds; but such loans and certificates 
 
 of debt and bonds shall not at any time exceed ten thousand dollars. 
 and shall not be irredeemable for a period greater than thirty-four 
 years. 
 
 5. The trustees of said college shall eleet a president of said col- President, tu 
 
 how oloctcl 
 
 lege, and such other instructors as they may deem necessary, and 
 adopt rules and by-laws for the welfare and good government of said 
 College. They shall have power, by themselves or their agents, to 
 take and to receive subscriptions lor said college; and in case any 
 person shall fail to pay his or her subscription, to enforce the pay- 
 ment thereof by warrant before a magistrate, or by motion in any 
 court of record in this commonwealth, according to the amount of 
 such subscription, giving tin days' notice of such motion. And the 
 said trustees are authorized to collect and enforce the payment, in 
 the manner herein provided, of all sums subscribed to the .Mont- 
 gomery female collegiate institute, as the same may fall due; and 
 tip B aid trustees may execute mortgages on their properly to secure 
 the payment of the debts hereby authorized to be contracted. 
 
 6. The said trustees, at their first meeting, and annually there- Board of Tisl 
 after, shall have power to appoint a board of visitors for said college, appointed 
 to consist of seven persons, who shall hold their office until others 
 
 are appointed in their Btead, and who shall, in connection with the 
 president of said college, regulate the course and mode of education 
 and instruction to be pursued in said college, and enforce all the 
 rules ami regulations adopted by the trustees, and confer diplomas 
 and certificates of scholarship. The board of \isitors shall fill any 
 acy occurring in the faculty of said college. 
 
 7. There ■hall be appointed by the trustees a treasurer, who shall Tnumtt 
 
 receive and disburse all the money belonging to the college, under 
 
 the orden and directions of the trustees, and who shall execute a 
 bond to the trustees, in BUob penalty and with such security as they 
 
 shall require, conditioned for the faithful discharge of his duties as 
 treasurer. 
 
 trustees may appoint such other officers and ag tfeerofltoan 
 
 they may require; and they may in their discretion sell scholarships ScnoianUpe 
 
 . upon such term- a- may h\ the board 1" 
 
 advisable* 
 
 hall be in force froi Commencement 
 
2-30 
 
 SCHOOLS AND COLLEGES. 
 
 incor- 
 porsti •! 
 
 Cii u\ 146. — An ACT incorporating the Patrick Springs Female College. 
 Pii-s. .1 March 87, 1881. 
 
 1. Be It enacted by the genera] assembly, that George Pannill, 
 II. W. Reynolds, Joseph Kennedy, junior, Samuel <:. Staples, Peter 
 B. Penn, I... I. Penn, A. Staples, William ('. Staples, Jackson Penn, 
 John R. Cobbs, W. B. McGiloray, 15. A. Davis, c. B. Powell, Ro- 
 bert A. Scott. Ransom Powell, Muses G. Boothe, Powell If. Wade, 
 George G. Saunders, A. A. Arnold, T. J. Watson, George W. Ball, 
 S. W. Tmistall, A. II. Moorman, John W. Gnerrant, William II. 
 Payne. John Keen. I'. W. Archer. Samuel Robertson, B. II. John- 
 son, William .1. Hunter, and their successors in office, be and they 
 are hereby constituted a body politic and corporate, under the name 
 and style of The Trustees of Patrick Springs Female College; and 
 by that name, shall have perpetual succession and a common seal, 
 and may sue and he sued, implead and lie impleaded in any court of 
 law or equity, with power to purchase, receive and hold, to them and 
 their successors forever, any lands, tenements, money, goods or chat- 
 tels, which shall he purchased by or devised or given to them, or 
 Contributed and paid to them for the use of said institution: and to 
 lease, rent, sell or otherwise dispose of the same, in such manner as 
 shall be most conducive to the interest and advantage of said insti- 
 tution : provided, that the property acquired by the said trustees for 
 the use of the said institution, shall not exceed in value at any one 
 time one hundred thousand dollars. 
 
 Duties of 
 trusfc i a 
 
 2. It shall be the duty of said trustees and their successors to call 
 a general meeting of the stockholders of the said college at some 
 convenient period, biennially or oftener, when a majority of the 
 hoard of trustees for the time being, or at least twelve of the said 
 stockholders, not members of the board of trustees, shall deem such 
 general meeting necessary, and shall request the same to be called. 
 At all such general meetings of stockholders, a majority of the stock 
 of the said college shall be necessary to constitute a quorum for the 
 transaction of business; and any person holding shares of said stock 
 may vote in such general meetings, either in person or by proxy, 
 made in writing, according to such regulations as shall be prescribed 
 in relation thereto by the hoard of trustees. The said general meet- 
 ings shall have power to revise, alter or modify the rules, regulations 
 and by-laws prescribed by the hoard of trustees for the government 
 of said college, and to control and direct, through the board of trus- 
 tees, the acquisition and disposition of all property held for the use 
 of said college, as well as the general economy and management of 
 Baid college. They shall also have power to elect a new board of 
 trustees to succeed those herein appointed, whose terms of office ex- 
 pire on the twenty-fifth day of June eighteen hundred and sixty-three, 
 and to elect in like manner succeeding boards of trustees for said 
 
SCHOOLS AND COLLEGES. 237 
 
 college biennially thereafter: provided the number shall not exceed 
 thirty. But any member of the present or any succeeding board of 
 trustees shall be re-eligible indefinitely. 
 
 3. The said Patrick springs female college shall be under the ini- College under 
 mediate control and management of the said trustees and their trustees 
 
 successors, subject to the revisory control of the stockholders in 
 general meeting, as herein above expressed. The said trustees 
 shall remain in office until the twenty-fifth day of June eighteen 
 hundred and sixty-three, and until their successors are elected at 
 a general meeting of the stockholders. They shall appoint a trea- 
 surer, and all necessary officers and professors of said college, and 
 make such rules, regulations and by-laws for the government of the 
 institution as in them may seem tit, not inconsistent with the laws of 
 this state or the United States. Seven of the trustees shall consti- 
 tute a quorum for the transaction of business ; and any Vacancy in Vacancies, how 
 said board of trustees, occasioned by death, resignation or otherwise, 
 shall be filled by appointment of the surviving trustees, until the 
 vacancy is filled, or a new election is held by a general meeting of 
 the stockholders. And they may remove any member of their body, 
 two-thirds of the whole number being present and concurring. 
 
 4. The treasurer shall receive all moneys accruing to the college, Treasurer 
 and all properly delivered to his care, and shall pay and deliver the 
 
 same to the order of the board of trustees. Before entering upon the Komi of 
 discharge of his duties, he shall give bond with such security, and in 
 such penalty as the board may direct, made payable to the trustees 
 for the time being, and.their successors, and conditioned for the faith- 
 ful performance of the duties of his office, under such rules and regu- 
 lations as the board may adopt. And for any delinquency on the part 
 of said treasurer, a recovery may be had against the said treasurer 
 and his securities, his or their executors or administrators, by motion, 
 on tea days' notice, in any court of record in this commonwealth. 
 
 ."). The said board of trustees are hereby authorized to raise by Amount which 
 joint slock subscription a sum not less than three thousand dollars Inay rai8e 
 nor more than thirty thousand dollars, to be divided into shares of 
 five dollars each, and shall from time to time declare silch dividends 
 on the game as the net profits of the institution may justify: and 
 shall alio have power to collect the subscriptions to said Stock in the 
 manner now provided by law for collection- of subscriptions to joint 
 . coiiipaiin -. 
 
 (1. All individual stock in said college shall be deemed personal stork, personal 
 estate, and shall pass to purchaser- a- Mich b\ a--i_'iini< ill. and be 
 
 t r.i 1 1 - ; < rable upon the book- of said company upon presentation of the 
 scrip representing ti ml shall also pt eutorsandad- 
 
 niinistrators as such in like manner: and whilst the same is dedicated 
 to the purpose oi education, shall be exempt from all public taxes. 
 
238 
 
 m IK.nl.S AND COLLEGES. 
 
 hil'ity 
 of stock 
 
 7. The stockholders of said college shall nol be liable pecuniarily 
 for any debts, contracts or engagements made and entered into by 
 the >:ii'l trustees or Btookholden other than (he property they have in 
 the capita] Btock thereof, to the amount of their respective share or 
 ahares. The property held by the Baid tmstees for the ose of the 
 Baid college, bo long aa the same is dedicated to the purpose of edu- 
 cation, shall be exempl from all public taxes. 
 
 Diplomat 8. The board of trustees, in connection with the president and 
 
 professors of the college, shall have power to confer Buoh diplomas 
 
 and literary titles as they may think best calculated to promote the 
 
 cause of female education. 
 
 Commencement 9. This act shall be in force from its passage. 
 
 Chap. 117.— An ACT to incorporate the Trustees .it' the Parkershurg 
 Classical and Scientific Institute. 
 
 Passed Mann 18, L861. 
 
 Company 
 incorporated 
 
 Property, 
 amount of 
 
 Powers of 
 
 trnstteg 
 
 1. Be it enacted by the .general assembly, that James Cook, J. R. 
 Murdoch, Beverley Smith, J. M. Jackson, C. J. Ncal, A. J. Bore- 
 man. Thomas Chancellor, K. B. Stephenson, s. c. Shaw, P. <!. Van 
 
 Winkle and Thomas S. Conley be and they are herein- constituted a 
 body politic and corporate, by the name and style of The Trustees of 
 the I'arkersburg Classical and Scientific Institute, for the purpose of 
 establishing male and female seminaries in the town of Parkershurg 
 in Wood county: and by said name, shall have perpetual succes-ion 
 and a common seal: may sue and he sued, plead and he impleaded, 
 with power to purchase, receive and hold, to them and to their suc- 
 cessors forever, any lauds, tenements, rents, goods and chattels of 
 what kind soever, which may he purchased by, or may be devised or 
 given to them for the use of the institute ; and to lease, rent, sell or 
 otherwise dispose of the same in such manner as shall seem most 
 conducive to the advantage of said institute: provided, that the 
 lands, goods and chattels so authorized to be held shall not exceed in 
 amount or value the sum of fifty thousand dollars : and provided, 
 that not less than a majority of the trustees for the time being shall 
 he sufficient to authorize the stile or mortgage of any real estate be- 
 longing to tile said institute. 
 
 2. The said trustees and their successors shall have power to ap- 
 point a president, tutors, treasurer, librarian, and such other officers 
 EU they may deem necessary ; and to make and establish from time 
 to time -in h by-laws, rules and regulations, not contrary to the laws 
 of this state or of the United States, as they may judge necessary 
 for the good government of said institute. A majority of the trus- 
 
SCHOOLS AND COLLEGES. 2-3 1) 
 
 tees shrill constitute a hoard for the transaction of husiness ; and any 
 vacancy or vacancies amongst the trustees, occasioned by death, re- 
 signation or legal disability, shall he supplied by appointment of the 
 hoard. 
 
 3. The treasurer shall receive all moneys accruing to the insti- Of treasurer 
 tute, and property delivered to his care, and shall pay or deliver the 
 
 same to the order of the hoard. Before he enters on the discharge of Bond of 
 his duties, he shall enter into bond, with the security and in such 
 penalty as the hoard may direct, made payable to the trustees for the 
 time being, and their successors, and conditioned for the faithful per- 
 formance of his duty, under such rules and regulations as maybe 
 adopted by the hoard : and it shall be lawful for the trustees to ob- 
 tain a judgment for the amount, thereof, or for any special delin- 
 quencies incurred by the said treasurer, on motion in any court of 
 record in this commonwealth, against the said treasurer and his se- 
 curity or securities, his or their executors or administrators, upon 
 giving ten days" notice of such motion. 
 
 4. Be it enacted, that the right is hereby reserved to the legisla- Act subject to 
 tare to modify or repeal this charter at pleasure. 
 
 5. This act shall he in force from its passage. Commencement 
 
 Cm \e. ]4S. — An ACT to amend the act incorporating the Lcwisburg Femalo 
 
 Institute. 
 
 Passed February 12, ]g61. 
 
 1. Be it enacted by the general assembly, that the first section of Act of ism 
 the act entitled an act to incorporate the Lewisburg female institute, a 
 1 April seventh, eighteen hundred and fifty-eight, shall he re- 
 ted so at I follows : 
 
 "§ 1. That for the purpose of maintaining, in or near the town of 
 i in Greenbrier county, an institution of learning for the 
 
 education of femah g, it shall he lawful for Floyd Estill, John With- 
 row. David d. Ford, Jama v. Montgomery, Thomas Mathews and 
 
 ]. or any two of them, to op< n 1 ka for subscription 
 
 in the toy,- burg, to an amount not exceeding fifty thon-and 
 
 dollars, in shares of tw< nty dollars each, to constitute a joint capital 
 . for tin- pt •!.'• 
 
 act shall he in fbros from it- passage. 
 
240 
 
 OOLS AND < OLL1 I 
 
 atnendi & 
 
 Cbaf. 149. — An ACT ko amend th sol I Schools in 
 
 the County of J< 
 
 i Kardi 15, 
 
 1. Be il enacted by the general assembly, thai Bection fourth of 
 an act passed March twenty-seventh, eighteen hundred and forty- 
 eight, concerning district free schools in the oonnty of Jefferson, be 
 amended and re-enacted to read a< follows, viz: 
 
 Dutv of board 
 and 
 
 :riT 
 
 : tK 
 
 
 \ upon 
 bond 
 
 "§1. That tin.' said board Bhallat its first meeting after every 
 election elect one of their own number president thereof, and that 
 at every annual meeting the said board shall appoint a clerk, who 
 need not be one of t luir number, who shall also be the treasurer of 
 the board, to continue in office one year, whose duty it shall be to 
 keep a fair record of the proceedings of said board, and also to re- 
 ceive any money that may be due and payable to the board, and pay 
 all drafts of the board to whom they may be mad.' payable, and keep 
 a true account of all the money which he shall receive, and how ap- 
 plied, and at the end of the year settle his accounts with the hoard. 
 and pay any balance thai may be in his hands to the said hoard: 
 and the said clerk and treasurer shall perform such other duties as 
 shall be required, and shall be allowed a compensation by said heard 
 not exceeding one hundred dollars per annum : provided, thai before 
 
 the said clerk and treasurer shall eiit< r upon the duties of his office. 
 
 he shall execute abond with approved security, payable to the said 
 board of school commissioners, in the penalty of ten thousand dol- 
 lars: such bond to he recorded in the clerk's office of the county 
 court of the county of Jefferson, as the bonds of other public officers 
 are: and the original to he kept by the president of said beard : and 
 all rights and remedies given by law upon the bonds of sheriffs and 
 other public officers, are hereby given to the said board of school 
 commissioners, upon the said bonds of said clerk and treasurer." 
 
 Commencement 2. This act shall be in force from and after the passage thereof. 
 
 Act of 1841 
 amended 
 
 Chap. 150.— An ACT to ro-enact the ad passed iiili l'Yi.niary 1844, autho- 
 rizing a Loan from the Literary fund to the Trustees of West Libert] 
 
 Academy. 
 
 1 Harcb 4, 1801. 
 
 Be it enacted by the general assembly, that the act passed Febru- 
 ary ninth, eighteen^ hundred and forty-four, entitled an act autho- 
 rizing a loan from the Literary fund to the trustees of "West Liberty 
 academy, and for other purposes, shall lie and the same is hereby 
 revived and re-enacted so as to read as follows : 
 
BENEVOLENT INSTITUTIONS. 241 
 
 1. Be it enacted by the general assembly* that the beard of the Loan authorized 
 Literary fund be and they are hereby authorized and directed to lend 
 
 from the capital of said fund (whenever there shall be mcfa as amount 
 
 at their disposal) to the trustees of Wert Liberty academy in the 
 county of Ohio, at an interest of six percentum per annum, the sum 
 of five thousand dollars, or any less sum that the paid trustees may 
 require : provided, that the said trustees shall secure to the said Secmttj 
 board the repayment of the principal of the sum so loaned, together 
 with the interest thereon, at the rate aforesaid, to he paid semi-annu- 
 ally, by a lien on (he lands and buildings of the said academy: and 
 the said hoard shall have the right at any time to demand additional 
 security, whenever in their opinion such additional security may he 
 deemed necessary; which said additional security shall not reh 
 the first security. 
 
 2. That if the said trustees shall at any time neglect or refuse to Dnty of bonnl 
 give such additional security within a reasonable time, when thereto fond la default 
 required by the said hoard, or shall neglecl and fail to pay the Into- tateww?** " ( 
 rest on the said lean semi-annually, as herein before provided, it 
 
 shall he the duty of the said hoard to take the necessary Btepfl to col- 
 lect the sum BO loaned, and all such interest as may he due thereon. 
 And if at the expiration of twenty years from the date of said lean, 
 if the principal of said sum. or any part thereof, remains unpaid, the 
 said board shall proceed, on reasonable notice, to collect the same. 
 
 3. This act shall he in force from the passage thereof. Commcnccmnm 
 
 CHAP 151. — An A.CT amending and re-enacting the act entitle.] an act to 
 -..11 Orphan Asj Jii.it of Norfolk, passed February 96, 
 
 : LSBJL 
 
 Bo it enacted by the general assembly, that the act passed Feb- ' 
 rnary the twenty-sixth, eighteen hundred and fifty-six, entitled an ''" 
 act to incorporate the Jackson orphan asylum of Norfolk, he and 
 ame is hereby amended, so that th< - amended an.] re- 
 
 enacted, -hall read a- follows, viz: 
 
 l. That James Corniek, : Et. Hnbard, Charles H. Shield, Aiyinn 
 
 William W. Lamb, Thomas <'. Tabb, A. L. Seabury, Alexaa 
 Bell, Samuel W. Pan], Richard I.. Page, John 1'. Leigh, Ki< 
 
 W. II. Smith. John 9. Mill-on. John SoathgatB, W. T. 
 
 HarrisoBi John II. Rowlend, If. hi. Nash, J. J. I'd igood, John 
 
 Williams, W. U. Hmitir. \. I'. || ,h- 
 
 ard Walks and John Hipkin- with such Othet pi 
 
 may hereafter be associated with them, by the appointment of the 
 
 saidtruMi' .,.1 by subscription to th< fun 
 16 
 
BENEVOLENT tN8TITDTIOEB. 
 
 the said corporation, shall be and tin* bum arc hereby incorporated 
 and made a body politic and c o rp o rate, under tin- Dame and style of 
 
 Jackson < hrphan A-ylum <>f Norfolk, f«>r tin- pnrpoee of n 
 taining and edncatiog orphan children ; subject to the provisions of 
 chapters fifty-sis and fifty-seven of the Code of Virginia, so far as 
 they may be applicable, and not inconsistent with this act. 
 
 stud 2. The said orphan asylam shall ho ander the control and din 
 
 tion of ,-: president ami seven managers : ami any four of said man- 
 's shall constitute :i quorum for the transaction of busii i 
 
 ::. The hoard id" managers shall lie elected by the said ti 
 and Bubsoriben to the rands of the said corporation in genera] meet- 
 ing assembled, ami shall continue in office until their successors are 
 appointed. Any vacancy or vacancies that may occur, occasioned 
 
 by death, resignation or otherwise, in the said hoard, shall he tilled 
 
 by the surviving managers : provided, that the said managers shall 
 at no time he less than Beven : and provided also, that the said man- 
 rs may remove any member of their body, two-thirds of their 
 whole number being present and concurring. 
 
 Offleen '■ The hoard of managers Bhall appoint a president, secretary and 
 
 1, ' I ""'"" i treasurer, and BUCh other officers and agents B8 it may deem pr 
 
 a majority of the whole heard being present ami concurring. The 
 
 said officers or agents shall hold their places during the pleasure of 
 the board of managers; ami die treasurer, if required by the board, 
 shall give bond, payable to the corporation, with such conditions as 
 the heard may require, and with such sureties as it may approve. 
 
 Booki of 5. The board of managers shall cause regular books of accounts 
 
 to he Kept and halanced annually, or semi-annually, as it may deter- 
 mine. All hooks, papers, correspondence and funds in the hands of 
 
 any officers or agents of the corporation, shall at all times he subject 
 to the inspection d' the hoard of managers, <>r a committee tli' 
 
 Annual meeting 6. There shall he an annual meeting of the trustees ami B! 
 
 In is to tin' fund- of the corporation, at such time and place a- the 
 president of the hoard of managers may direct: at which meeting 
 tin- managers, if required by the trustees, shall exhibit a. statement 
 
 of their transactions, and of the condition of the finances of (in- 
 corporation. 
 
 7. 'The board of managers shall hold meetings at bucIi times as 
 they may deem necessary or the president may require; ami during 
 the absence of the president, the managers may appoint a president 
 pro tempore. 
 
 B. Ti s laid Jackson orphan asylum, or the managers on behalf 
 
 rent eitata 
 
BENEVOLENT IXSTI ITT IONS. 243 
 
 Mhiiuf, shall have power to hold real estate in the city or count} 7 of 
 Norfolk, not exceeding two acres in the city, nor more than twenty- 
 five acres in the county, for the purpose of erecting thereon Buitahle 
 and necessary buildings for an orphan asylum, and affording suffi- 
 cient space for the accommodation of such an institution. The said 
 corporation, or the managers in behalf thereof, shall also have power 
 to receive donations, bequests and devises, to be applied to proper 
 iim i of the corporation. 
 
 !•. The said managers Bhall have power to make rules and regula- Rnien and 
 tions for the government and direction of the said orphan asylum, 
 
 and for the admission and control of the inmates thereof, consistent 
 With the constitution and laws of this state. 
 
 in. Th said board of managers shall have power, conformably o ' 
 to tlieir regulations, to bind out such poor orphan children as they 
 
 may have taken under their care; and also that they may hind such 
 children as may he committed to them by their parents j the inden- 
 tures of apprenticeship to he executed by the hoard of managers, or 
 cither one of them, on behalf of the Jackson orphan asylum : pro- 
 vided, that the corporation court of the city of Norfolk or the county 
 court of Norfolk county shall have the same superintendence over 
 the conduct of the persons to whom such children shall he hound and 
 
 over the said apprentices, a-- is given by law in other casei of ap- 
 prenti< 
 
 11. This act shall he ill force from its Coimrpncemrnt 
 
 Chap. 162. — An LCT t.. incorporate th< Hebrew I'" 
 
 candria. 
 
 I. Be it enacted by the general assembly, that 1>. Haas, P. 8 ' 
 
 Sal and I.. 1'.. ill such '"' 
 
 otlor ter ma] ' ■ ted with ti- 
 
 mid their ■ . be and they are herebj a body politic, 
 
 and corporate, by the name and style "I The Hebrew Benevolent 
 v "f Ah nd by that name, shall 1 
 
 I ommon seal ; may rae and I 
 and 1 nd bold, to them and tin 
 
 kind 
 
 r. winch i j \. ii to th' m for tl 
 
 Inst for the g 1 of the • 
 
2 i -: 
 
 BENEYOLES I IN>TI IT [TONS. 
 
 
 I 
 
 the property to be held by the said association shall not exceed in 
 
 amount the value of ten thousand dollars. 
 
 2. Tho members of the said association, or such number thereof 
 
 as they shall ordain to be a quorum lor such pnrpoBes, shall have 
 power to make such by-laws, rules and regulations, nol contrary to 
 
 the laws of this state and the United States, as they .-hall consider 
 proper-fox the government of said association and its officers; and 
 to appoinl and remove such officers; to provide for the admission 
 and expulsion of members : and to require such fees and contribu- 
 tions from members as they shall think requisite for the purpose of 
 the association. 
 
 3. This act shall he modified or repealed, as the general assembly 
 
 shall think proper. 
 
 Commencement 4. This act shall he in force from its passage. 
 
 CHAP. L53. — An AIT to incorporate St. Paul's Church Home. 
 Pass.d February 19, 1861. 
 
 1. Be it enacted by the general assembly, that Charles l&innege- 
 
 rode, Thomas W. McCanoe, John A. Cunningham, Thomas I'. Au- 
 gust, Norman S. Walker, John Thompson Brown and George W. 
 Randolph, and their successors, he ami they are hereby incorporated 
 
 under the name of Saint ranks Church Home: with the power to 
 hold properly, real and persona!, not excelling two hundred thousand 
 dollars in value: to sue and he .-ued ; to make contracts, and to do 
 all other things necessary for the attainment of the objects of this 
 incorporation. 
 
 2. The said corporators shall have the power to adopt a constitu- 
 tion and to enact hy-laus. not in confticl with the constitution and 
 laws of this commonwealth, to associate others with themselves, and 
 to dele-ate their powers to a hoard of managers, or such other agents 
 as they may select. Five corporators shall constitute a quorum for 
 the transaction of business, and all questions shall he decided by a 
 majority of voices. 
 
 I 3. The said corporators, or the said hoard of managers, shall 
 
 for care, have the right to contract with the lather; or if there he no father, 
 
 &a of children ^ i(]i f))(i Jm)t])(T . ,„. ir t ] lrn . ]„. m .i,] H . r father or mother, with 
 
 the guardian of any infant child under the age of eighteen years, 
 for the care, maintenance and education of such child until he or 
 she attains the age of eighteen yean; and such contracts shall he 
 binding on the parties thereto, and ou such child; and shall con- 
 
 ation 
 rated 
 
 
 I ■ ir of 
 raton 
 
BENEVOLENT INSTITUTIONS. 245 
 
 for on the raid corporation the Bole and entire control of such child 
 until he or she attains the age of eighteen : provided, that tin- said 
 corporation shall furnish proper maintenance, and shall bestow a 
 good English education and proper moral and religions instruction 
 on such child. 
 
 4. If such child have neither parent nor guardian, the said corpo- Orphan 
 ration may acquire the control aforesaid by exhibiting to the judge 
 
 of the hustings court, in his court sitting, an indenture Bealed with 
 the seal of the corporation, and binding it to do for the said child 
 whatever may be required by this act to be done for the children 
 coming within its purview: and if Buch indenture he in proper form, 
 the said judge shall order it to be recorded in the clerk's office of his 
 court: and thereupon the power and control of the said corporation 
 over such child shall commence. 
 
 5. The said corporation may also establish B hospital for the re- n 
 OeptlOU and treatment of destitute sick, and may make and enforce 
 Such rules as are necessary for its government and good order. 
 
 6. This act shall Ik- in force from its passage. I -raoDt-'UKDi 
 
 tnc >rp 
 
 ( HAP, 154. — Aii A.CT incorporating the Southern Institution for the amelio- 
 ration of the condition of the Deaf, Dumb and Blind ] tii> Com- 
 monwealth. 
 
 I 
 
 1. Be it enacted by the general assembly, that William M. Lang- i 
 home, ami such other persons as mayor shall be hereafter associated 
 with him. he constituted a body politic and corporate, under the 
 name and style of The Southern Institution for the amelioration of 
 the condition of the I ) ( >af. Dumb and Blind Negroes; and by that 
 name, shall have p< rpetual - ami be sued, plead 
 
 and he impleaded, have and use a common seal, ami he subject to all 
 tli«' provisions of chapters fifty-sis and fifty-seven of the Code of 
 Virginia, so far an they may he applicable to this ai t. 
 
 2. The said company shall have power to purchase lands for the Power to par- 
 purposes of said institution, not exceeding in quantity fift 
 
 and other property ft |g in value fifty thousand dollars. 
 
 iid institution shall he managed by such officers and di- B 
 rectors M a majority of those int< r< -'■• d may appoint, and shall be 
 
 governed bj wtk fcy-Uwi as may i | bj i)i«in. not incom 
 
 tent with the constitution or laws of this state. 
 4. Thif> act shall 1 
 

 ARMING MILITIA. — UNIFORMING VOLUNTEER COMPANIES. 
 
 
 Chap. 155.— Ai of the] pie of Hen* 
 
 thontj t" the Count] Court to raise by loan two thou- 
 for arming the County. 
 
 l. l'.i it enacted by the genera] assembly, thai it Bhall be lawful 
 for the commissioners appointed to conduct the elections in Henrico 
 county in .May la-t . to open polls at each nt' the places of voting in 
 the said county on any day after five days' notice ha* been given by 
 advertisement in the Richmond Dispatch, and by posting the same 
 at uiic or more public places in each magisterial district, to i : » 1c *. - the 
 sense of the voters of the county as to the propriety of authorizing 
 the county court bo raise by loan the sum of two thousand five hun- 
 dred dollars, to be appropriated to the purchase of anus to be dis- 
 posed of in arming the militia of said county, under the order of said 
 court. 
 
 of vote, 2. The commissioners conducting the election at the courthouse 
 shall certify the result ol the vote in the county to the county court ; 
 and if a majority of the votes casl in Buch election are in favor of 
 
 Duty of court granting such authority to the court, it shall be the duty of the said 
 county court of Henrico forthwith to raise by loan the sum of two 
 thousand five hundred dollars, and to appoint commissioners, under 
 whose directions the same shall be expended in the purchase of arms. 
 
 At to repayment And the said county court shall hereafter make Buch provision as to 
 it may seem proper, in regard to the raising of money by levy for the 
 payment of the said loan : provided, that the whole amount shall he 
 paid within the ensuing five years. 
 
 ."!. It shall be the duty of the sheriff of the enmity of Henrico, on 
 the request of any three justices of the peace for the said county, at 
 the cost of the county, to cause the notice required by this act to he 
 given. 
 
 ement 4. This act shall he in force from its passage. 
 
 volnnti ear 
 
 Chap. 156. — An ACT (■> authorize the County Court of Fluvanna County 
 to appropriate certain funds to the uniforming ami equipping Volunteer 
 < loinpames in said ( lountj . 
 
 Pat i •! March 89, 1861. 
 
 1. Be it enacted by the general assembly, that it shall he law ful 
 for the county court of Fluvanna, all the justices of said enmity 
 having been summoned, and a majority of the same being present 
 and voting, to appropriate to the uniforming and equipping of volun- 
 
UNIFORMING VOLUNTEER COMPARES. 217 
 
 teer companies such portion as tlio said court may deem proper, of 
 any money already raised 01 thai may hereafter be raised, by the la- 
 roe of county bonds, under the provisions of an act entitled an aol 
 to authorize the county courts to arm the militia, and to provide 
 means therefor, passed January nineteenth, eighteen hundred and 
 
 sixty-one. 
 
 2. This act shall be in force from its paSSfl Commencement 
 
 Chap, 157.— An A.CT to authorize the County Court of Lunenburg to ap- 
 propriate certain nmney t<i uniform and equip Volunteer Compai 
 
 ■ d A]>ril 2, 1861. 
 
 1. B< it i uaeted by the general assembly of Virginia, thai it shall Uniforming 
 be lawful for the county court of Lunenburg (all the justices of said ',„',',' 
 county having been summoned, and a majority of them being pre- 
 sent and voting) to appropriate for the uniforming and equipping of 
 volunteer companies, such portion as the said courl may deem pro- 
 per, of any money already raised, or that may hereafter be raised by 
 the issue of enmity bonds, nnder the provisions of an act entitled an 
 act authorizing the county courts to arm the militia, and to provide 
 means tlnrefor. passed January nineteenth, eighteen hundred and 
 sixty-one. 
 
 *J. Thii act shall lie in force from its passage. Commencement 
 
 -An A< T to authorise the formation of a Battalion of two 
 i the Towns < S lie and Howardsville in th< County 
 
 1. Be it enacted by the general assembly, that the governor bt 
 and he i- hereby empowered to authorize the Bcottsville Guard and 
 Howardsville Light Infantry Bluet to be organized into a battalion, 
 
 all the provision! and i< gulatii olunteer I 
 
 talions, in the a Maid, the thirtieth, eighteen handled and 
 
 sixty, entil ' for the }■ uization of tin' militia id the 
 
 commonwealth. 
 
 2. hall be in force froo 
 
248 VOLUNEEEB BATTALIONS, ETC. 
 
 ( bap. 169. — An ACT to V< ttallon in the City of 
 
 la, 
 
 - • 
 
 iiattniion l. Be it enacted by the general assem bly, that the governor be 
 
 and he is hereby authorized to organise a battalion in the city of 
 Alexandria, to be composed of four companies, to wit: three com" 
 paniee of light infantry ami one "I' artillery: the said battalion to 
 have all the powers and privileges, ami to be subject to all the duties 
 
 Proviso of battalions organised under existing laws: provid< d, however, thai 
 
 the officers of the battalion hereby constituted shall he required t<> 
 
 train with the officers of the One hundred and seventy-fifth regiment; 
 
 and the said battalion .-hall attend and parade at the regimental 
 muster of the nne hundred and seventy-fifth regiment. 
 
 Commencement 2. This act shall he in force from its passage. 
 
 Chap. 160. — An ACT organising a Volunteer Company of Cavalry in 
 Albemarle county. 
 
 Passed March 15, 1861. 
 
 Of what number 1. Be it enacted by the general assembly, that the volunteer com- 
 pany of cavalry recently formed in Albemarle county, under the 
 command of James W. Timlierlake as captain, belonging to the 
 forty-seventh regiment, third brigade and second division, shall con- 
 sist of not less than forty nor more than one hundred, rank and tile, 
 ami shall in all other respects he subject to the provisions and regu- 
 lations of the act passed March the thirtieth, eighteen hundred and 
 
 sixty, entitled an ait for the better organization of tin- militia of the 
 commonwealth. 
 
 Commencement 2. This act shall he in force from its passage. 
 
 Chap. 161. — An ACT to incorporate the Berkeley Border Guards Armory 
 
 ( 'oinp.inv. 
 'I March . r >, lsiil. 
 
 nookn,how 1. Be it enacted by the general assembly, that it shall lie lawful 
 to open 1 hs of subscription to an amount not exceeding five thou- 
 sand dollars, to he divided into shares of five dollars each, to consti- 
 tute a joint capital stock for the purpose of estahlishing an armoiyfor 
 the Berkeley Border Guards, a voluntary military company, in the 
 town of .Martinshurg. The said books shall be opened at the court- 
 house of Berkeley county, under the superintendence of J. Q. A. 
 
VOLUNTEER BATTALIONS, ETC. 249 
 
 Nadenbouoh, William N. Riddle, Peyton R. Harrison, John Dugan 
 and E. A. Webster, or any three of them. 
 
 2. Whenever one hundred shares shall have been subscribed, the Company 
 subscribers and their Bnooessora shall be and they arc hereby incor- 
 porated and made a body politic, under the name and style of The 
 Berkeley Border Guards Armory Company; subject to the proviaiena 
 
 of chapters fifty-six and fifty-seven of tin- Code of Virginia, except 
 so far aa the same are modified by this act. This act shall lie sub- 
 ject to amendment or repeal, at the pleasure of the general assembly. 
 
 3. Upon every subscription there shall be paid tO the COmmis- Payment* on 
 
 sionera one dollar at the time of subscribing, and the residue thereof 
 as required by the president and directors. 
 
 4. This act shall be in force from its passage. Commencement 
 
 Cfl \r. L62. — An ACT to organize the Metropolitan Guard of Richmond. 
 Passed April 4, 1861. 
 
 Whereas it is represented that a number of citizens of Richmond Preamble 
 and its vicinity have formed a company, and are ready and willing 
 to arm, equip and uniform themselves al their own expense, and form 
 a military company not exceeding one hundred persons, to be ready 
 at all times to aid the state and city authorities in defence of the pro- 
 perty and homes of Richmond and its vicinity: 
 
 1. Be it enacted by the general assembly, that the governor be Commissions 
 and he is hereby authorized, as soon as he shall receive the certificate 
 
 of the adjutant general of this state that such a company is duly or- 
 ganized within the city of Richmond, with not less than fifty members, 
 rank and file, and setting forth the name.- of the officer! elected, to 
 
 amisstona accordingly: provided, that no one under forty- Proviso 
 five yean of age shall become a member of said company, and that 
 
 DO Charge -hall he imposed on the treasury of the state on account of 
 
 said company. 
 
 2. That such company shall constitute an independent military iadaptatai 
 
 . li/ation. and shall be subject to duty under their own oflk 
 and only within the said city and it- \icinity. A majority of the 
 members of -aid company may adopt SUch by-law?, as may | 
 
 sarj tor its government, not in conflict with the eonstitation. 
 
 '■<. The right is hereby reserved to the governor, for good CQUSC t-nmiiilMlom, 
 shown, to withdraw the com;; med "'ider this act, and to wU • 
 
 disbi ompany. 
 
 1. hall be in state from its pCttaf -nonceineot 
 
250 
 
 VOLUNTEEB BATTALIONS, ETC. 
 
 
 ( hap. 183. — Aii ACT to amend the I si section <>t" ao act entitled an a 
 the encouragement of certain \ ii y Com] tnies in thi 
 
 \ \ 1 1 1 » 1 1 1 1 ;_r . passed March 87, 1868. 
 
 Paw .1 February IS, U 
 
 1. Be it enacted by the general atseinbly, thai the first section of 
 an aot entitled an act for tin- encouragement of oertain volanteez 
 military companies in tin- city of Wheeling, be amended ami re- 
 enacted m' BS tn read as follows : 
 
 ■uting 
 members 
 
 "§ 1. Be it enacted by tin- general assembly, thai fur tin- purpose 
 of encouraging tin- volunteer military companies in the city of 
 Wheeling, known as the 'Virginia state Pendbles,' the 'Wheel- 
 ing Riflemen,' and Company •(" of the fourth regiment, it shall he 
 lawful fur each of the said companies to enroll, in addition to the 
 number now required by law. fifty members, to he designated 'con- 
 tributing members;' " 
 
 Commencement 2. This act shall he in force from il- pfi 
 
 ( ii w. nil. — Aii ACT to authorize an issue of Arms to Titus A'. Will', 
 the County of Tazewell, for the use of an Academy. 
 
 l';i.--«-.l April 'J. lftil. 
 
 Preamble Whereas it is desirable that the youth of Virginia should be trained 
 
 and educated with a knowledge of military tactic.-: and whereas 
 TitUS A'. Williams, a graduate of the Virginia military institute, is 
 now conducting an academy at .lelfersonville in the county of Taze- 
 well, where military training constitutes one of the fundamental 
 branches: and whereas the general assembly of Virginia, by its 
 support, will endeavor to .stimulate and encourage such a spirits 
 Therefore, 
 
 When armB to 
 led 
 
 l'roviiso 
 
 I. Be it enacted by the general assembly, thai whenever the su- 
 perintendent of either of the public arsenals shall receive an order 
 from the governor for the issue of arms, accoutrements or equip- 
 ments, not exceeding the necessary number for fifty men. and shall 
 also receive from the said Titus Y. Williams triplicate bonds with 
 surety, as is now provided tor by section second of the twenty- 
 seventh ohapter of the Code of Virginia, that then the said Williams 
 shall he entitled to the use of such arms for his academy aforesaid, 
 
 and he liable for their preservation ami safety as are the com- 
 mandants of companies now provided for by law : provided, how- 
 ever, the governor shall not authorize the issue to said party of any 
 arms that in his opinion are suitable for troops in active service. 
 
VOLIXTAKY ENSLAVEMENT. 251 
 
 2. The said Williams shall have power to transfer to any other How trail 
 duly qualified instructor the said arms, accoutrements or equipments : 
 provided his said successor Bhall execute bond in the same manner 
 as herein before provided. 
 
 ;j. This act shall be in force from its passage. Commencem'u: 
 
 Chap. 165. — An A.CT providing for the voluntary enslavement of George, 
 . Sam and Sukey, persons of color in the County of Buckingham. 
 
 .] February 28, 1861. 
 
 1. Be it enacted by the general assembly, thai it shall be lawful Negroes to 
 for George, Shed, Sam ami Sukey. uegroes who were manumitted by 
 
 the Last will ami testament <>f Archibald T. Gordon deceased, of the 
 county of Buckingham, to select a master for themselves, upon the 
 terms and conditions herein after mentioned. 
 
 2. Should tin- said negroes select a master for themselves, it shall PeUtion,nai» 
 be lawful for them to tile a petition in the circuit court of Bucking- 
 ham, at any regular term then of. Betting forth their desire to select a 
 
 master, ami the name of the person so desired to he selected as owner ; 
 which said petition shall lie signed by the petitioners in the presence 
 of two witnesses. 
 
 .'?. The court in which such petition shall have been filed, npon Snmmoni 
 the filing of said petition, shall cause to he summoned, to appear he- 
 fore said court, both the petitioners and the person designated in 
 said petition. 
 
 ■1. Upon the appearance of the petitioners and the person desig- Examination, 
 
 ... ... , ,, i . , 1|,,W made 
 
 nateci in the petition, the court shall pr< • CD party 
 
 • h other person I court may see fit. 
 
 eh examination the attorney for the commonwealth shall be 
 
 nt. and see that the examination is properly conducted, mid 
 
 that no injustice is done the petition 
 
 .". If upon such examination the court shall he satisfied that there Dntym : 
 i illusion between the parties, and that the petition* 
 should the prayer of the petition I I, will be the bona tide 
 
 . Dated in the petition, tl onrl shall 
 
 upon it- records that the petitioners by name 
 
 bed in said peti- 
 tion: whereupon the absolute property in ■ 
 
 shall vest, from the tim< 
 
 ami purposes whatsoever: provided. 1 
 that the p ',d. with "' 
 
■J-VJ 
 
 VOLUNTARY ENSLAVEMENT. 
 
 
 rity approved by said court, in inch reasonable penalty as it may 
 p ro scribe, eeaditiened tliat the said negroes, dot any of them, shall 
 not become chargeable bo the said comity of Buckingham, »n- 1<> any 
 other oonnty in this commonwealth : provided farther, that Bhonld 
 any of tin- Bald persona bo enslaving themselves beat any time hero- 
 
 t convicted <>f any orhne punishable by death or transportation, 
 the owner or owners of Bach person shall not receive from the com- 
 monwealth <>f Virginia any compensation tor Bach person. 
 
 ii. Upon the decision of .-aid court that tin- said aegroes shall be 
 the slaves of the person so designated as master in said petition, all 
 the estate to which said negroes are entitled under the will of said 
 Archibald 'I'. Gordon deceased, shall become vested in such person, 
 
 and he shall have the righl to ask, demand, sue for and recover SOOh 
 estate for hi- own \\>v. And any suit now pending in the names of 
 said aegroes for the recovery of said estate, shall not abate, but on 
 the motion of such person so selected as master, he may he entered 
 a- plaintiff, and Bach suit shall be prosecuted in his name to ;i final 
 decree. 
 
 Commencement 7. This act shall be in force from its passage. 
 
 N'f-pror-s to 
 
 master 
 
 Chap. 166. — An ACT to provide for the voluntary enslavement of Thomas 
 Garland and Mary Anderson, persons of color in the County of Hanover. 
 
 Passed March 12, 1861. 
 
 l. Be it enacted by the general assembly, that it shall he lawful 
 for Thomas Garland and Mar] Anderson, two of the aegroes who 
 were manumitted by the last will ami testament of Wilson 15. Clarke 
 
 deceased, of the county of Hanover, to select a master or mistress 
 upon the terms and conditions herein after mentioned. 
 
 Petition, how 2. Should the said, negroes select a master or mistress, it shall be 
 
 lawful for them to file a petition in the circuit court for Hanover, at 
 any term thereof, Betting forth their desire to select a master or mis- 
 tress, and the name of the person so desired to he selected as an 
 owner; which said petition shall he signed by the petitioners in the 
 presence of two witnesses. 
 
 Summons issued 3. The court shall, upon the filing of said petition, caused to be 
 
 summoned to appear before the said court, on a day designated, both 
 the petitioners and the person so designated in said petition. 
 
 4. Upon the appearance of both the petitioners and the person 
 designated in the petition, the court shall proceed to examine each 
 party separately, as well as such other persons as the court may see 
 
VOLUNTARY i:\sLAYEMENT. 253 
 
 fit. At such examination the attorney for the commonwealth shall 
 be present, and see that such examination is properly conducted, and 
 
 that no injustice is done the petitioners. 
 
 .">. [f upon such examination the court shall be satisfied that there Examination, 
 is no fraud nor collusion between the parties, and that the petition- 
 ers, should the prayer of the petition lie granted, will be the bona 
 fiilo -Inves of the person designated in the petition, the said court Duty and 
 shall cause to he entered upon it < records that the Baid petitioners by 
 name have selected, as master or mistress of themselves, the person 
 to designated in said petition; whereupon, the absolute property in 
 said negroes, as slaves, shall vest, from the time of such entry, in 
 tin' person so chosen as master or mistress, to all intents ami purpo 
 
 as it such petitioners had never been free: provided, however, that Master 1 
 i ii • i ii -ii' into bond 
 
 tlie person so selected as master or mistress shall enter into bond m 
 
 such penalty as the court may deem sufficient* with good security. 
 that tin' said petitioners shall not at any time become chargeable on 
 any county of this commonwealth : and provided further, that in the In ewe of eon- 
 < \( n: of the future conviction of either of the said negroes of any 
 crime punishable with death or transportation, the oommonwealsh 
 shall not he liable to the owner of such negro for a greater sum than 
 is obtained lor the said negroes, after deducting the costs of prosecu- 
 tion and transportation. 
 
 ii. This act shall he in force from its passage. Commencement 
 
 CHAP. 167. — An ACT providing for the voluntary enslavement of J 
 I \ nc, Mary Fl< tcher and Glives. 
 
 1. P.o it enacted lty the general assembly, that it shall be lawful Negroes to 
 
 ri i> -»r ' ti . i 1 r*v 1 ChoOM BUM 
 
 For Jane Payne, Mary Fletcher and Grhves, negroes who were manu- 
 mitted by the law will and testament of Charles R. Ayres deceaw d, 
 of the county of Fauquier, to select a master or mistress for them- 
 selves, upon the terms and condition- herein after mentioned. 
 
 Should the said neg et a master or mistress for them- Petition, kow 
 
 nid iheir children, it shall he lawful for them to file a petition 
 in the circuit court of Fauquier, at any regular term tl 
 forth their 1 the name of the 
 
 ted as owner; which said petition shall 
 petitioner in the pn two witnesses. 
 
 rhe court in which such petition shall n Mod, upon namnwi 
 
 the fil l i" tition, shall < si I bo appear be- 
 
 nd the p 
 
 n. 
 
254 VOLUNTARY ENSLAVEMENT. 
 
 Kxnmination, 1. Upon tin- appearance of tin- petitioners and tile person design 
 nated in the petition, the oonrl shall prooeed to examine eaoh party 
 separately , as well assnehothei persons as said court may see Hi. At 
 null examination the attorney for the commonwealth shall be pre- 
 sent, and see that the examination is properly conducted, and that 
 no injustice is done the petitioners. 
 
 Duty and power 5. If upon such examination the oonrl shall be BatisBed thai there 
 is no fraud or OOUnsion between the parties, and that the petitit 
 should the prayer of the petition he granted, will be the bona fide 
 
 slaves of the person designated in the petition, the said eourt shall 
 cause to be entered apon its records that the petitioners by name 
 have selected as their master or mistress the person so designated in 
 said petition; whereupon, the absolute property in said negroes, at 
 slaves, shall vest, from the time of such entry, in tin 1 person so chosen 
 Master to enter as master or mistress, to all intents and purposes whatsoever: pro* 
 videil, however, that the person so selected as master or mistress 
 shall enter into bond, with security approved by said court, in such 
 reasonable penalty as it may prescribe, conditioned that the said ne- 
 groes, nor any of them, shall not become chargeable to the said 
 county of Fauquier, nor any other county of this commonwealth; 
 
 In ease of con- and provided further, that should any of the said persons so en- 
 riction for crime , • ,, , , , ,• . j * 
 
 slaving themselves heat anytime hereafter convicted 01 any crime 
 punishable by death or transportation, the owner or owners of such 
 person shall not receive from the commonwealth of Virginia any 
 
 compensation for such person. 
 
 Commencement 6. This act shall lie in force from its passage. 
 
 CHAP. 168. — An ACT for the voluntary enslavement of Fanny Matthews, 
 without compensation to the State. 
 
 PaBse.l March 13, LB61. 
 
 ranny to choose 1. Be it enacted by the general assembly, that it shall he lawful 
 for Fanny .Matthews, a free woman id' color, now in the county id' 
 Page, to appear before the county court id' said county, and make 
 application thereto for leave to Select a master for herself, and to be- 
 come a slave-. 
 
 Duty of conrt 2. Upon the appearance before said court of said Fanny Matthews, 
 above named, and the person she wishes to select as master, the court 
 shall proceed to examine each party separately, as well as such other 
 persons as the said court may see lit. At such examination the attorney 
 for tin- commonwealth shall he present, and see that such examina- 
 tion is properly conducted, and that no injustice is done to the appli- 
 cant. 
 
PARDONS TO SLAVES. 255 
 
 3. If upon such examination the court shall bo satisfied that there rower of court 
 is no fraud or collusion between the parties, and thai there is no good 
 reason to the contrary, the said court shall have leave to grant the 
 application without any compensation to the commonwealth; bui the 
 
 individual thus chosen master shall enter bond with approved security. 
 in such penalty as the court shall prescribe, with condition that said 
 
 negro shall not become chargeable to any county or corporation in 
 the commonwealth. 
 
 1. The proceedings in such case shall be entered of record, and Proceeding*, 
 the property in said negro as a slave shall, from the time of such 
 entry, vest in the person chosen as master; and his rights and lia- Property 
 bilities and the condition of the applicant shall in all respects be the '" 
 same as though such negro had been horn a slave. 
 
 5. The costs of the proceedings shall be paid by the master. Costs 
 
 6. 'This act shall be in force from its passage. Commencement 
 
 169. — An ACT authorizing the Governor to pardon slaves Jack and 
 1'.' a. and restore them to their tenner owner. 
 
 Passed March 21, 1861. 
 
 1. r.e it enacted by the general assembly, that the governor be Slaves, how 
 and he is hereby authorized to pardon and restore to V. X. Fitzhugh, ' ' r 
 or his authorized agent, two slaves Jack and Ben, condemned by the 
 county court of Caroline for sale and transportation: which bIi 
 were before their conviction the property of said Fitzhugh: pro- 
 vided, that the said F. X. Fitzhugh shall not he entitled to the bi 
 fit of this act until he shall pay the costs and expenses incurred by 
 the commonwealth in the prosecution or conviction of said slaves, or 
 in any other manner, nor until he Or some one for him shall enter Bond 
 into bond before the governor, payable t" the commonwealth, with 
 good and sufficient sureties, and conditioned for the removal of said 
 - beyond the limits of the commonwealth within such time as 
 the governor may prescribe. 
 
 shall be in force from its p 
 
 Chap. 170 — An ACT to tuthoi G rernor of the C o mmo n wealth to 
 
 I. Be it enacted by ly, thai the governor of therjorenor 
 
 commonwealth be and h< i pardon n 
 
 prop rt\ of i \\". 
 

 PARDONS TO SI.' 
 
 ('lift <if Alabama), condemned by tin- county cowl of Amherst 
 comity for sale .-iinl transportation beyond the limits <>f the United 
 
 Mai.-. :ui«l to deliver said slave to tin BTg« W. Clift, <»r his 
 
 authorized agent : provided, thai die costs of trial and nil other 
 and dial have been incurred by the commonwealth to this 
 
 date, or may result from the execution of the power hereby voted in 
 the executive, .-li.ill be paid by the isaid ('lift before this act shall take 
 Bond effect: and provided further, that the said Gh W. Clift shall not 
 
 lie entitled to tile ltclielit of this act Until he .,]• scillle nlic for hint 
 
 shall have entered Into bond before the governor, with good and 
 sufficient security, payable to the commonwealth, in the penalty of 
 three thousand dollars, and conditioned lor the immediate removal of 
 
 said slave beyond the limits of this stale. 
 Commencement 2. Thii art shall lie in force from il< passage. 
 
 -nor 
 aathoi 
 pardon 
 
 Chap. 171. — An ACT authorizing the Governor to pardon slave Bill, and 
 restore him to his former owner. 
 
 Pansi.l April 'J. lsi.1. 
 
 1. lie it enacted by the genera] assembly, thai the governor he 
 ami he is hereby authorized to pardon ami restore to Emory Edwards 
 a negro slave Bill, condemned I'm- sale and transportation by the 
 county court of Jefferson county; which slave before oonviotion was 
 the properly of said Edwards: provided, that the said Emory Ed- 
 wards shall not DC entitled to the Item-lit of this act until he shall 
 have paid the costs and expenses incurred by the commonwealth in 
 the prosecution or oonviotion of said slave or in any other manner, 
 nor until 1m- shall have entered into bond before the- governor ox 
 some court of record of either Maryland or Virginia, in a penalty of 
 
 fifteen hundred dollars, with -nod security, to he approved by such 
 
 court; which bond shall he payable to tile commonwealth, and con- 
 ditioned lor the removal of said slave hevoiid the limits of tin- com- 
 monwealth: which bond shall he entered of record in the clerk's 
 Office of the court taking the same: and a copy thereof, properly 
 
 certified to the governor, shall he sufficient evidence of the execution 
 
 thereof. 
 Commences i 2. This a:i shall he in force from \\< passage. 
 
 Bond 
 
 Penalty 
 
 Chap IT'.'. — An ACT i" authorize the i^vrnmr t<> pardon a slave John 
 Kicks, and restore turn to bis former owner. 
 
 r ied April 2, I i 
 
 mor I. Be it enacted by the general assembly, that the governor be 
 
 pardon** a11 ^ ae '•* hereby authorized to pardon and restore to Charles \V. 
 
PROTECTION OF FISHERIES. 2-) t 
 
 Gilliam, or his accredited agent, a negro slave John Hicks, con- 
 demned by the county court of New Cent county for sale and trans- 
 portation: which stare was before oonviotion the property of said 
 Charles W. Gtfham: provided, dial the said Charles W. Qilhamsond 
 shall not l"- entitled to the benefit of this act, nor shall it take effect 
 until he shall pay all the costs and expenses incurred by the com- 
 monwealth in the prosecution or conviction of said slave, or in any 
 other manner, nor until he, or some one fur him, shall enter into 
 bond before the governor, payable to the commonwealth, with good 
 
 and sufficient Beourity, and Conditioned lor the removal of said slave conditions 
 beyond the limits of the commonwealth, within such time as the go- 
 vernor may prescribe. 
 
 2. This act shall be in force from its passage. Commcncemcn- 
 
 Cn.\r. 17:' — \n ACT for the protection of the Fisheries on the waters of 
 the Chesapeake Bay, and its tributaries below tide water. 
 
 Passed February 15, LSI 
 
 1. Be it enacted by the general assembly, that from and after the Certain fiablng 
 
 this act. it shall be unlawful for any person, not a resident r ,rohlblted 
 of this slate, to fish with trawl or trot lines in any of the waters of 
 tie < Ihesapeake bay and its tributaries below tide water within this 
 
 state. 
 
 2. That upon complaint being made on oath by any competent Complaint 
 person, before any justice of the peace of any county in this state, 
 
 that any person or persons who do not reside in Virginia, havi 
 
 trawl or trot lines for fishing in any water lying wholly or partly in 
 
 such county, contrary to the provisions of this act, it shall be the Daty of jnsttM 
 
 duty of such justice to issue his warrant, directed to the sheriff or 
 
 any constable of such county, commanding him to forthwith take 
 
 "f suc]j fishing lines, and to summon the owner or owi 
 thereof to appear before him. at some time and place to i.. 
 
 tul in such Wamat, to an~<,\er the charge of such unlawful fish - 
 
 The said justice shall examine such witni j be produ* 
 
 either by tin' party complaining or the party complained of. am] i; • , 
 shall ly appear to such justice, that the complaint 
 
 •1 trawl or trot lines to be d( -t roved, ami adjs 
 
 the offending partj to pay tie If )t shall if > - 
 
 app< ar tl wnplahri was impp 
 
 plaining shall 1 pay all i thereby, and 
 
 fdiall lie further liable for dnmap s SO any party injured b\ any such 
 
 re. 
 
 17 
 
258 
 
 Additional 
 p«nulticg 
 
 nSH. — 0YSTEB8. 
 
 ::. Any party offending against tin- proviflioDi of this act by such 
 unlawful fishing, shall, in addition to the penalties ami forfeitures 
 preaoribed by the preceding section, In- (hud nut lees than fifty nor 
 more than five hundred dollars. 
 
 ■bmbmbi 4. This act shall be in force from il 
 
 Chap. 174. — an ACT to repeal an act passed 19th March l ruing 
 
 tin mode of catching Fiah in certain waters. 
 
 Act of lsfti 
 
 . Marcb -X. 1861. 
 
 He it enacted by die general assembly of Virginia, that an act 
 passed on the nineteenth of March eighteen hundred and sixty, en- 
 titled an act t" prohibit the catching of fish in certain waters with 
 end. gill or threshing nets, by Burronnding them, he and the same is 
 hereby repealed. 
 
 CHAP. IT.".. — An ACT to amend an act passed 31st Of March I860, entitled 
 
 an act to restrict the catching of Oysters in certain months. 
 
 I March B, 1861. 
 
 Act . • 
 ameij' 
 
 I'..- ii enacted by the general assembly, that the act passed the 
 
 thirty- lirst day of March eighteen hundred and sixty, entitled an act 
 to restrict the catching of oysters in certain months, he amended 
 ami re-enacted so as to read as follows: 
 
 When oyiten 
 may be taken 
 
 Pro vi* 
 Roftbampton 
 
 eonnty 
 
 I. Hen alter it shall not he Lawful to take or catch oysters in the 
 waters of this commonwealth in the months of duly and August; 
 and any person offending against the provisions of this ad shall for- 
 feit and pay for each Offence the sum of fifty dollars; to he recovered 
 as other lines, or hy judgment of any justice of the peace of the 
 county in whose jurisdiction Buch offence may he committed] pro- 
 vided, that nothing herein shall he so construed as to prevent any 
 person from catching or taking his own planted oysters in the months; 
 aforesaid: provided, however, that nothing contained in this act shall 
 
 have the effect of amending or repealing the act passed March thirty- 
 first, eighteen hundred and Bixty, BO far as the waters of Northamp- 
 ton county are concerned. 
 
 Commencement 2. This act shall he in force from its; pa«8agc. 
 
TRESPASSES. — CHURCH PROPERTY. 259 
 
 Chap. 176. — An ACT to amend the first Bection of an act to prevent Tres- 
 
 - 'He borders of the Potomac ar A 
 Stafford and King I 
 
 Phased January 39, 
 
 •HAT. Kl>. .All ;\l I III HIIH'IIM llir 1--. 
 
 . I tepredadons, vV< along the borders of the Potomac and other tide 
 waters in the Counties of Fairfax, 8 
 
 1. TV it enacted by the general assembly, thai the firsl section of Art of tea 
 an act entitled an aol to prevent trespasses! depredations, &c. along 
 the borders of the Potomac river and other tide waters in the coun- 
 ties of Fairfax, Stafford and King George, passed the twenty-eighth 
 of January eighteen hundred and sixty', be amended and re-enacted 
 -I. as tn read as follows •• 
 
 "§1. Be it enacted by the general assembly of Virginia, that if Penalty for 
 any person shall shoot, hunt or range, fish or fowl on the land? or in fishing, '&.<•. 
 the water courses comprehended within the survey of any proprietor 
 
 of land- in the county of Fairfax, within five miles of navigable 
 tide water, without license in writing from the owner of Baid lands, 
 or hunt or shoot along any public road, he shall forfeit to the in- 
 former three dollars for the first offence, six dollars for the second, 
 and nine dollars for each succeeding offence : the forfeit in each in- 
 stance tn be double if the offence shall be in the night or on Sunday ; 
 and he shall likewise forfeit to the informer in each instance his boat 
 or other means of conveyance, his guns, dogs, and all his shooting, 
 hunting and fishing apparatus, and be liable in every instance for all 
 and expenses incurred in apprehending him and prosecuting for 
 the recovery of said forfeitures.'* 
 
 i. This act shall be in force from its passage. 
 
 Chap. 177.— An ACT authorising tin I e M D trie* 
 
 • borrow money and 
 i trust tu secure the 
 
 ■ 
 
 1. Be it enacted by the general assembly, that Andrew L. Fiizer, rrutaw 
 
 bell, Zebulon Boon, Eldridge Anderson, Andre* J. Lucas and Ilar- m0Dcy 
 vey Mack, trnsl on the < 
 
 ti hundred and s:\ty. by H. K. Blair, commit- 
 it. to hold a house and lot in the tOWU 
 
 lem for tl •■ ii- of the Meth< 
 
 elder of the Mt tie 
 church in B I t BOOMf 
 
 . for the purpose of |>a\ ii 
 i i ill 
 
 due u ; uw) dollar* 
 
 npon tin 
 
( III 1U II I'KOPERTY. 
 
 house and l«>t. with such covenants a> to time and termi of sole as 
 may 1"' agreed on between said I d the party loaning them 
 
 the money. The Baid trustees ox any five of them are also autho- 
 rized and empowered to execute such a deed of trust as will scoure 
 any person <>r persons who may have advanced or may hereafter 
 advance money to pay for said house and 1» <t . 
 
 Commencement 2. This act shall be in force- from its passage. 
 
 ( ii \i'. 178 — An A< T authorizing the Trustees of the Firsi Presbyterian 
 ( hurch in the City of Portsmouth to execute a deed of trust <>n Bald pro- 
 perty. 
 
 PuSttd I-Yl.ruary 13. 1811. 
 
 Preamble Whereas, it is represented to the general assembly of Virginia, 
 
 that tin- trustees of the First l'rc-byteiian church of the city of 
 Portsmouth, for the purpose of erecting a suitable building, as a 
 residence for their minister, on a lot purchased fox that purpose, 
 have contracted a debt for money borrowed by members, and that 
 they are desirous of securing the payment of the same: Therefore, 
 
 - autho- 1. Be it enacted by the general assembly, that it shall be lawful 
 
 trust C for the legally constituted trustees of said church to execute a deed 
 
 of trust upon the lot and improvements so purchased by the .-aid 
 
 trustees of the said church, situate imM he east side of Middle street, 
 
 between North and Grlasgow streets, for the purpose of seeming any 
 debts heretofore contracted for money borrowed ox advanced to aid 
 
 in the erection of said building, OX of securing any loan made to 
 them for that purpose; which deed shall be Bubjecl to the provisions 
 of chapter one hundred and seventeen of the Code of Virginia, and 
 shall be as effectual as if executed by an individual. 
 
 i '.oniinencemeiit 2. This act shall be ill force from its passage. 
 
 Chap. l?9. — An ACT to authorise the sale of certain Church Property in 
 
 the 'l'"\\ n of Moorefield. 
 
 i Hard) 18, 1861. 
 
 Preamble Whereas Joseph Vanmetex and seventy-five others, citizens of 
 
 Hardy county, have petitioned the general assembly to pass an act 
 to authorize the sale of a certain lot of land and brick building 
 thereon, in the town of Mooretield in the county of Hardy, which 
 was conveyed by I icorge Harness, junior, to Edward Williams, James 
 Machir and Samuel McMechen, by deed dated the tenth day of May 
 
LAWFUL FENCE. — UNLAWFUL ASSEMBLAGE OF NEGROES. 2(il 
 
 eighteen hundred and sixteen, and recorded in the county court of 
 said county, as a place for public worship : and whereas it is repre- 
 sented thai said property is no longer desired as a place of worship 
 
 by any persons entitled to use it as such : Therefore, 
 
 1. Be it enacted by the general assembly, that any citizen of the Howpi 
 town of Mooreficld, upon giving at hast four weeks' notice by puh- 
 lioation in a newspaper published in Mooreficld, may, by petition, 
 apply to the said county or circuit court of Hardy county, to make 
 
 sale of said lot : which application may he contested by any one op- 
 posed to such sale: and the said court, after examining such wit- 
 nesses as may he produced before it. and hearing all parties, may 
 di I n e a Bale of said property in such manner and on such terms ai 
 it may deem just, and direct the proceeds to he appropriated for the Proceeds, 
 benefit of the poor of said county, or for educational purposes therein, 10 
 as it may think proper. 
 
 2. This act shall he in force from its passage. Commcn> 
 
 ( ii \r. 180, — An ACT constituting a pari of the Ohio River a lawful fei 
 
 i Karcb 37 
 
 1. Be it enacted by the general assembly, thai the ' Ihio river, from r :irt ,, 
 tin' lower end of David Long's farm, adjoining the town of Point fe ^* 
 
 Pleasant in Mason county, up to the mouth of Mill creek in said 
 county. B distance of ahmit seven and a half miles, he and the same 
 
 ii hereby constituted a lawful fence. 
 
 2. Tbil ad shall be Ul force from its passage. Comment 
 
 Chap 181 —An ACT authorizing the Common Council of tho City of Pe- 
 
 tetsburg to declare what ii in unlawful assemblagi 
 
 tin.- punishment tfa< 
 
 1. I', i; enacted by the general assembly, thai the common ootu 
 
 oil of the iay declare what in said city shall he ' 
 
 an unlawful assemblage "f di grot -■ and ma] i mpower the officers of 
 
 bl] and M )7<- such 
 nd ma] prescribe the punishment '<f such negroes and the 
 fine to 1 h an unlawful assembly 
 
 on bis 1"' ot t< m meat. 
 
 2. I -hall lie in force fan its passage. 
 

 ( OUNTY INSPECTION OF LEATHER. 
 
 r, how 
 
 . 
 
 
 rf.iting 
 brnuds, 4c 
 
 ( bap. 188. — An Act to i itablisfa an Edbd ither f<>r tin- County 
 
 -hire, 
 i Karefa H 
 
 1. Be it enacted by the general assembly, thai the county court of 
 Hampshire may at its Kay term in each yearappoinl an inspector or 
 inspectors of leather for the said oounty; and the person or peraoni 
 bo appointed shall, before entering apon (he duties of his or their 
 office, take before the clerk of said oonrt an oath thai be <t they will 
 honestly and faithfully discharge the duties of said office; bnl no 
 person engaged in the manufacturing, trading in or rending leather, 
 individually <>r as a partner, or as agent, clerk or employee of a 
 mannfactnrer or vendor of <>r trader in leather, shall be appointed to 
 such office. 
 
 2. It shall be the duty of every inspector so appointed to provide 
 himself with such and bo many proper scales, weights and stamps as 
 may be required in the performance of the duties of his office ; and 
 he shall, apon request, inspect any side leather, rough harness or 
 rough skirting leather within the county of Hampshire; and the 
 
 manner of inspection Bhall be as follows, vis : each Bide of leather 
 shall he accurately weighed, and the weight thereof shall lie branded 
 or stamped thereon in plain, strong and legible figures, expressing 
 the number of pounds and quarter pounds (if any) ; and the quality 
 of each Bide shall also he Btamped or branded thereon in plain, strong 
 and legible letters, to the following criteria or distinction ; that is to 
 if ihe Bide is of good quality of hide and of the best manufac- 
 ture, there shall be stamped or branded upon it the word "best;" if 
 
 the side be of good quality of hide and of g 1 manufacture, the 
 
 word "good;" if the side be el' good quality of hide but of bad manu- 
 facture, the word "bad;" and if the side is damaged, the word 
 
 "damaged. " There shall also be Btamped or branded on each side 
 
 inspected the surname of the inspector, and the words •• Hampshire 
 county. Virginia;" and any such inspector shall refuse to inspect 
 any leather which is unmerchantahly dark. 
 
 3. Every such inspector shall be entitled to demand and receive 
 for his servioes two cents for each hide inspected by him, payable by 
 
 the party who shall emplo] him; but the passage of this ad shall not 
 
 impose any present or future charge on the treasury of the common- 
 wealth. 
 
 4. Any person who shall counterfoil or fraudulently alter any one 
 of the marks, stamps, brands or impressions of any such inspection, 
 o:i any side or sides of leather so inspected, shall be deemed guilty 
 of a misd< meaner, and be punishable by fine not exceeding one 
 
 hundred dollars, or by confinement in the jail of Hampshire county 
 not less than three nor more than six months, at the discretion of 
 the court. 
 
 Commencement 5. This act shall be in force from its passage. 
 
JURIES. CONVEYANCE. 20:! 
 
 Chap. 183. — An ACT to coma en is be Juries serving on Coroners 1 Inquests 
 in the Counties of New Kent. Charles City, James City. York. Warwick 
 and Elizabeth ( ity, and also the Cities of Williamsburg and Norfolk. 
 
 i January IT. 186L 
 
 1. Be it enacted by the general assembly of Virginia, thai here- Whan jurors to 
 
 r ■ ' ■ ' , ,i i r i ■ receive pay- 
 
 after jurors serving on n coroner's inquest shall have for their ser- 
 vices, in the counties of New Kent. Charles City, James City, War- 
 wick, Vnvli ami Elizabeth city, the mum of one dollar each in every 
 case : and in the cities of Williamsburg and Norfolk, tli«' ram <>f fifty 
 rent- cadi for every inqnesl held within the limits of each city? to 
 be paid ont of any unappropriated money in the treasury of the 
 county or corporation. 
 
 2. This act shall be in force from its passage. Conmuno 
 
 Chap. 184. — An ACT to authorize the Circuit Court of Preston County to 
 legs QVeyance <>f a tract of land mad" l>y Andrew Oliphan! 
 
 guardian or committee of William Smith, an idiot. 
 
 \ Mar.h 1.".. 18IU. 
 
 Whereat it is represented to the general assembly, thflt one Wil- Preamble 
 
 liam Smith, a citizen of the state of Pennsylvania, departed tliis 
 
 life intestate, about the year eighteen hundred and ten, leaving a son 
 
 named William, who was an idiot from his birth, and a daughter 
 
 named Esther, being the only children and heirs at law of the 
 
 William A. smith: That the said William A. Smith, at the time of 
 
 hii death, irai seised and poss es s e d of lands in the said state of 
 
 Pennsylvania, aa well as laud- in the state of Virginia \ that shortly 
 
 after the death of the said William A. Smith, one Andrew Oliphan! 
 
 Inly appointed guardian or committee, in the stab ol Pennsyl- 
 
 md by an act of the legislature of Pennsyl- 
 
 . authorized to sell the lands of said idiot in thai state: that 
 
 Smith intermarried with one Samuel Griffin: that 
 
 kid Oliphant, supposing that he had the ri;dit to convey the land 
 
 oled to In;- ward aforesaid in Virginia, did join the said Griffin 
 
 and wife in the sale of a tract of land, then in the county of Mmion- 
 
 ,n the county of Preston, to one David Simpson, contain- 
 er hundred and fiftg 1 executed a deed, together with 
 lid Griffin and wife, to the said Simpson for said four hundred 
 and fiftj ■ or about tin- fourteenth ■ teen 
 hundred and fifteen, and that 
 
 of the d< ind hi and hii alien.-. - fa 
 
 J po ion 1 that the land il DOW 
 
 highly impro\ i d by the said Simpson and thow holding und< r him. It 
 is further i d that the said Simpson, at the tune of the pur- 
 
264 
 
 MILLS. 
 
 chase aforesaid! paid a full and adequate price for said land, and 
 that a moiety of the purchase money was expended f'>r tin- mainte- 
 nance and comfort of tin- said idiot : tliat the said idiot is a resident 
 of this state; is very old and infirm, and in tin- course of nature 
 most depart this life in a very few years: mid thai the children of 
 
 the s;iid Esther Griffin (she and her husband being long BinCO dead) 
 
 threatened t<> assert their title t<> a moietj of laid land bo sold to the 
 ■aid Simpson, as heirs at law of their said idiot ancle, so soon as he 
 departs this life : Therefore, 
 
 How l.ill filed 
 
 How suit i'iv- 
 .-<ecuted 
 
 Decree 
 
 1. Be it enacted by the general assembly, thai it shall be lawful 
 for the alienees of the sai<l Simpson, or any one or more of them, 
 their heirs or assigns, to file their bill in the circuit court of Preston 
 county, making all proper parties defendants thereto, including those 
 who, mi the death of said idiot, would lie his heirs, to be proseonted 
 
 as other suits in chancery: and npon proof of all the facts above re- 
 cited and represented, if the said court shall be of opinion, on the 
 hearing of the cause, that the said David Simpson, and those holding 1 
 under him, ought to have their title confirmed and perfected as to 
 the moiety of the said idiot, BO sold and conveyed by the said Andrew 
 Oliphant, it shall be lawful for said court to decree accordingly, and 
 appoint a commissioner to execute a deed conveying to Buch person 
 or persons as may at the date of said decree, hold the said land or 
 any portion thereof, mediately or immediately from or under the said 
 David Simpson. 
 
 Commencement o. This act shall be in force from its passage. 
 
 Authority to 
 rebuild mill 
 
 I/nnitiition us 
 to time 
 
 Chap. 185. — An ACT to authorize Joseph Gasman to rebuild his Mill. 
 
 Passed April 2, 1861. 
 
 1. Be it enacted by the general assembly, that Joseph Grusman of 
 the county of Harrison may. at any time \\ ithin two years from the 
 
 passage hereof, commence, ami at any time within five years from 
 the passage hereof, finish the rebuilding of his water mill for the 
 grinding of grain in the said county, on the West Pork of the Mo- 
 nongahela river, which was destroyed by fire; and that if he shall 
 do so, he shall have any right and protection which he would have 
 bad if the said rebuilding had been commenced within two years, 
 and finished within five vears from the time of the said destruction. 
 
 Commencement 2. This act shall be in force from its passage. 
 
WHARVES. ALIENS TO HOLD LANDS. 265 
 
 Chap. 186. — An ACT to authorize Thomas Chancellor to croet a Wharf on 
 
 his lands. 
 
 Passed March 15, 1861. 
 
 I. Bo it enacted hy the general assembly of Virginia, thai Thomas wharf may 
 Chancellor be and he is hereby authorised to erect a wharf in front 
 of his land on the south side of the Little Kanawha river, near its 
 mouth (the banks being owned by him), so as not to obstruct the 
 navigation of said river, and thai he be authorized to charge not a 
 greater rate of wharfage than the town of Parkershurg imposes for 
 like, accommodation. 
 
 '2. This act shall be in force from and after its passage, and shall Commencement 
 he subject to alteration or repeal, at the pleasure of the general 
 assembly. 
 
 Chap. 187. — An ACT authorising Henry Potter Burt, William Berry and 
 other subjects of Great Britain to bold certain Land lying in this Com* 
 monwealth. 
 
 Passed April 3, 1861. 
 
 Whereas Henry Potter Burt, William Berry, George Gamble, Preamble 
 Major Genera] G. R. Pemberton, Samuel Lees, James Roberts and 
 
 Charles Whetham, of England, in their own behalf, and of others 
 who may be associated with them in the purchase of the land herein 
 after mentioned of the Reverend Daniel Veeoh McLean, D. D. of 
 Easton, Pennsylvania, being unwilling to proceed in said purchase 
 Without an act authorizing them to accept and hold land within this 
 commonwealth; and their object being to engage in mining and 
 Otherwise in the cultivation and development of the lands SO de- 
 1 by them to be purchased : 
 
 1. P>e it enacted by the general assembly, that the aforesaid Henry who may hold 
 Totter Burt, William Berry, Georgi Gamble, Major General G. R. 
 Pemberton, Samuel es Roberts and Charles Whetham, ot 
 
 an] of them, may take. in. id. oooup] and use, sell, transfer and con- 
 vey, free from any disability arising from their not being citizens of 
 this state, lands known as the "Jabel <>r Hollingsworth or Bruen 
 tract " including any land adjoining thereto commanding 
 
 river frontage, not i \<> eding one hundred thousand acn - in all. Quantity 
 him: in Putnam, Jackson, Ifttaon and Kanawha oounth -. to be i 
 i to them by the said Reverend Daniel Veecfa McLean, I >. 1 >. 
 
 and i.tlir-r- : and said land | art thereof laid by them or any Tiow lands may 
 
 of them at tin ir deaths, shall and may pasi by descent oi iaM 
 
 if tie :izuu> of this state. Tin Interest of Um 
 
 in proportion to the amount paid bj then 
 
 act shall be in force from it- pmaj Comm 
 
26G 
 
 AMERICAN AGENCY. 
 
 Company 
 incor]' 
 
 Privileges 
 
 Amount of 
 real i - 
 
 rurpoiii-K and 
 
 powers of com- 
 panj 
 
 Who may open 
 books 
 
 Directors 
 
 Chap. 188 — An ACT to inooipoimto the American Ag< noy. 
 " refa 99, LML 
 
 1. Be it enacted by the general assembly, that Dull Green, James 
 Lyons, John s. Barbour, Jeptha Fowlkeeand J. Robin. AfoDaniel, 
 and the owners of the shares herein authorised t «> 1 »» - issued, be and 
 they arc hereby made a body politic ami corporate, under tin- name 
 and Btyle of The American Agency; with power ami authority in 
 
 that name and style, to contract and lie contracted with, to sue and 
 
 lie sued, to plead and lie impleaded, with all the rights, powers and 
 privileges which may be necessary or proper for them to have, 
 possess and exercise as an incorporated company; and especially to 
 
 take have, possess ami acquire, by gift, grant or purchase, any pro- 
 perly and estate, real or personal, and the same to use, lease, let, 
 mortgage, sell, transfer and convey, in as full and ample manner as 
 any individual may or might do : provided the said company shall 
 not hold in this state, in their own right, more real estate than may 
 be requisite for offices for the convenient transaction of their busi- 
 ness, unless it be purchased bona fide in payment of debts due to 
 them; and in case of such purchase, they shall alienate such lands 
 within ten years from the date of such purchase. 
 
 Whereas one purpose of this act is to organize an incorporated 
 company with the intent and purpose of aiding in the purchase and 
 sale of rail road bonds and shares, and other public and private se- 
 curities : Therefore, 
 
 2. The said company may and they arc hereby authorized and 
 empowered to receive and hold on deposit and in trust any property 
 ami estate, real and personal, including the shares of rail road and 
 other improvement companies, and the notes, bonds, accounts and 
 obligations of governments, states, cities, towns, counties, corpora- 
 tions, companies and individuals; and the same may purchase, col- 
 lect, adjust and settle; and they may sell and dispose thereof in any 
 market in the United States or elsewhere, and upon such terms and 
 for such price as may be agreed apon between them and the parties 
 contracting with them ; and may deal in exchange, foreign and do- 
 mestic, and may make advances of money and of credit, and may 
 endorse and guarantee the payment of the notes and bonds and the 
 performance of the obligations of governments ami id' states, cities, 
 towns, counties, corporations, companies and individuals. 
 
 3. The persons named in section one. or a majority of them, may, 
 in person or by proxy, open books of subscription at such times and 
 places as they may deem expedient; and when three hundred thou- 
 sand dollars shall be subscribed, the shareholders may organize the 
 
 t ipan] by the election of live or more directors; and the directors 
 
 for the time being shall have power, in the name and behalf of the 
 
AMERICAN AGENCY. 2G7 
 
 company, to enact by-laws ami regulations for the management of 
 their affairs, and to exercise and enjoy all the rights, powers and 
 privileges herein granted, and which it may be necessary or propel 
 for thein. as such, to have, exercise and enjoy: and tiny may fnnn 7>scmroen, bow 
 time to time enlarge the resources of the company, by borrowing 
 money on a pledge of their property and estate, or without such 
 pledge, or by new subscriptions; and any citizen or Bubject, corpora- 
 tion or company, of any government, state or country, may subscribe 
 for, purchase and hold shares of the said com]. any. subject to no other 
 liability on account thereof, than for the payment to the said company 
 of the sums due, or to become due on the shares subscrihed for or held 
 by them. 
 
 4. The by-laws may prescribe the number of. and manner in which By-Iawi 
 the directors, officers and agent?! of the company shall be selected, 
 and may also define their powers and duties, and fix their term of 
 service and compensation. The company shall have an office in the office 
 city of Richmond; and the directors for the time being may from Branch office* 
 time to time establish such branches and agencies in Europe and 
 elsewhere as they may deem expedient, under such rules and regula- 
 tions as they may prescribe, and divide the capital of the company 
 into shares, and prescribe the manner in which they shall be trans- 
 ferred on the books of the company. And the said company shall tauof notes 
 not issue their own notes or bills to be Qsed as bank notes or as cur- 
 rency, nor shall their by-laws or regulations be inconsistent with the 
 brws or constitution of this state. 
 
 ."). That no right of property to this franchise shall invest until the Wlirn act take* 
 minimum amount of capital is subscribed, and sixty thousand dollars 
 
 actually paid; of vhich fact it shall be the duty of the compam U) 
 inform the governor in the same manner that the officers of a bank 
 about to be put in operation arc required to do; and when said com- 
 pany -hall be organized and ready to go into op, ration, it shall be 
 
 the duty of the presiding officer and treasurer to make a statement 
 
 upon oath to the auditor of public accounts, of the amount of capital 
 
 paid in, and to make a like statement ever] six months th -biannual 
 
 with an additional statement of their profits and grots i' I ' ipti | and ""*"* 
 for Catling to make snob report, they .-hall forfeit and pay into the 
 public treasury one thousand dollars fur each failure : to be r< oovered 
 by motion, after ten days 1 notioe, in the circuit court of the oity of 
 Richmond; and the said offic e rs are also hereby required to fuiaiafa 
 to the governor a list <>f die stockholder! l i orporatioik 
 
 all 1>«' in force from it- passage, ami shall bi mmca e wawt 
 
 to .him mb (ieation or repeal, at the ptaSMUre of tbi 
 
 blv. 
 
268 
 
 SOUTHEKX EXPRESS COMPANY. 
 
 Company 
 incorporated 
 
 Capita] stock 
 
 Chap. 189. — An ACT to S others Express Company. 
 
 1. Bo it enacted by die general assembly of 1 1 1< - state of Virginia) 
 that S. \Y. Fioklin, W. W. Finney, J. A. Barman, .lames 1?. Fiok- 
 
 lin. I!. I'. I'ieklin and M. <1. llannaii. and their B 
 
 ami assigns, be and they are hereby declared t<> be a body corporate 
 and politic by the name of The Southern Express Company, for 
 the purpose of an express transportation business. 
 
 2. The capital stuck of said company shall be five hundred thou- 
 sand dollars, and shall be divided into shares of one hundred dollars 
 each: and in ease the said capital stock be found insufficient for its 
 
 purposes, BUOh company may increase its capital stuck from time to 
 time to such amount as may lie deemed necessary for the purpose 
 aforesaid, net exceeding one million of dollars. Such increase must 
 lie sanctioned by a vote, in person or by proxy, of two-thirds in 
 amount ol all the stockholders of the OOmpany present or represented 
 
 at a meeting of such stockholders. 
 
 When to com- 
 mence business 
 
 called 
 
 3. The said company may commence business as soon as its capi- 
 tal stock is fully Subscribed, and fifty thousand dollars of the same 
 
 Meetings, how paid up; and on sucb subscriptions being made, any live subscribers 
 to said stock may call a general meeting of the stockholders of the 
 said company, by serving a notice, signed by them, of the time and 
 place of such meeting, twenty days at least before the time of hold- 
 ing the same, on each stockholder personally, or by leaving it at bis 
 residence, or by putting the same in the post office at Kichmond, 
 directed to him at his usual or reported place of residence, and pay- 
 ing the postage thereon: provided, however, that any other mode or 
 time of calling said meeting shall be lawful, if all the stoekholders 
 
 Directors, how consent thereto in writing, or are represented thereat. At the meet- 
 ing convened as aforesaid, the said company shall elect, bj a majority 
 of votes there present or represented, not less than five nor more 
 than nine persons, being stockholders of the said company, to act as 
 directors of the said corporation, who shall represent the said com- 
 pany, and manage the business thereof. Vacancies ill the hoard of 
 directors shall he filled in such manner as shall be prescribed by the 
 by-laws of the corporation. 
 
 elected 
 
 President 
 
 In case of fail- 
 ure to elect 
 
 4. At the first meeting of the said board of directors after their 
 election, they shall elect one of their number as president of the 
 said corporation, and may elect a vice-president and such other offi- 
 cers as they may deem advisable. The directors of this company 
 shall hold their offices for one year, and until others are chosen. 
 
 .*. In ease it shall at any time happen that an election of directors 
 be not made at the time designated, or on the days when by the 
 
SOUTHERN EXPRESS COMPANY. 269 
 
 by-laws of said company it ought to be done, it shall and may be 
 lawful <in any Other day to hold an election for directors in such man- 
 ner as above provided for, or as shall be directed by the by-laws of 
 such company: and in ease any annua] meeting of stockholders shall in earn of fui- 
 
 not beheld by reason ol D.egleOl "\ the direCtOTS, it shall be m the annual meetings 
 
 power of any stockholders holding one hundred shares of the capital 
 stock, td call such meeting for the purpose of electing directors and 
 other purposes, by giving the notice as herein after prescribed; and 
 for that purpose they shall have access to the stock list and transfer 
 books of >aid company, and all Information necessary to the giving 
 
 of such notice. 
 
 6. And be it further enacted, that the directors of such company By-lmri and 
 shall have power to make and prescribe such by-laws and regulations regu ' 
 
 as tiny shall deem proper, respecting the management and disposi- 
 tion of the property and estate of such company, the duties of the 
 officers, agents, artificers and servants by them to be employed; to 
 appoint BUCfa and so many officers, clerks and servants for carrying 
 on the business of said company, and with such salaries or wage- at 
 to them shall sec ni reasonable : provided, however, that such by-laws 
 be not inconsistent with any existing law. 
 
 7. The said company shall have power to do an express transpor- Powen of 
 tation business by land or by water, for the conveyance of persons eo ™ pan * 
 and property of every kind. from, to and between any place in Vir- 
 ginia and any place in or beyond the limits of Virginia, in their 0WH 
 
 com e\ ances, or in those of other persons ; and to create and organize 
 branch agencies for the same purpose, and to build, hire, establish 
 and maintain storehouses, warehouses and other buildings for the 
 safe keeping of any thing intrusted to them for conveyance; and 
 shall have power to indemnify themselves by insurance against any 
 
 : damage by tire or the risk of navigation and transportation, 
 fm an] :. b, wares, merchandise or ether property in their custody, 
 
 • d by them for transportation, or held by them as their pro- 
 perty: provided that this act shall not be so construed as to give the Rjgfci | 
 said Southern I itnpany any right or authority to build, pur-prohit 
 
 tablisfa any rail road Of Steam bunt line. or other 
 like means of transportation ; nor shall the Mime ]„■ n oonstrut I 
 
 or require any rail r«>ad or steam boat line established in 
 part or in whole within the limits of Virginia, to do or perform ti. 
 
 • e a* herein eonfc mplated, for or on aooounl of the 
 said Southern i mpany. 
 
 I he principal < ■ pnny shall be kept at Richmond, <■--, •- 
 
 mile- • tWO-thirdl of the direct, 
 
 at a I bd for that pi tUCf place in the state; 
 
 and : mpany mat maoj branch or focal i fl 
 
 as their Li. ,ir< . or in 
 
2 70 
 
 SOUTHERN EXPRESS COMPANY. 
 
 -••pular 
 mw-tinffi to 
 
 9. The regular meeting of tin- board of directors of said oompany 
 Bhall be held at tin- principal offioe of ~:ii<l company, or at nob other 
 places in the state as the by-laws or the board of directors may de- 
 lta; 1 • ii t the said company may hold special meetings of its 
 directors for the transaction of bosinoosi at any plaoe wbieb the by- 
 laws of said company may designate, or whiob a majority of the 
 direotors, with the approval of the president, may appoint. 
 
 Unclaimed 
 fri-ight 
 
 1(1. If the Said company ^liall have had unclaimed freight or 
 
 baggage, nol perishable, in its poasession foe the period of at least 
 
 one year, it may proceed and sell the same at public auction, after 
 
 giving notice to that effect in one or more newspapers published in 
 Richmond, or at the place where snob goods are to be sold, once a 
 week for not less than four weeks; and shall also keep a notii 
 
 such sale posted for the same time in a OOnspioUOUS place in the 
 
 principal offioe of the said company. In ease such unclaimed freight 
 or baggage shall, in its own nature or condition, lie perishable, then 
 the same may be sold as soon as it can be, on the best terms that 
 can be obtained therefor. Said notice shall contain, as near as prac- 
 ticable, a description of such freight or baggage, the place and time 
 when and where Left, together with the name and residence of the 
 owner of the freight or baggage, or person to whom it i< consigned, 
 if the same lie known. 
 
 Moneys arising 
 from Hale, how 
 
 ,| ,,[■ 
 
 11. All moneys arising from the sale of freight or baggage as 
 aforesaid, after deducting therefrom charges and expenses for the 
 
 transportation, Btorage, advertising, commissions for Belling the pro- 
 perly, and any amount previously paid for advances on such freight 
 and baggage, shall he paid by the company to the persons entitled to 
 
 \e the same: And the said coinpam shall keep books of record 
 
 of all such sahs as aforesaid, containing oopies of such notices, 
 
 proofs of advertisements and posting, affidavit of sale, with the 
 amount for which each parcel Was sold, the total amount of charges 
 ust such parcel, and the amount held in trust for the owner; 
 which hooks shall be open for Inspection by claimants, at the princi- 
 pal offioe of the said company, and at the office where the sale was 
 made. 
 
 BteekboUen, 12. The stockholders in stud company shall he personally respon- 
 
 sible for an amount equal to the amount of stock held by each, for 
 any his.-, of, or damage on goods, moneys or other property intrusted 
 to the said company for transportation, and for any contract made or 
 Liability incurred by them : provided, that nothing in this act con- 
 tained shall he construed to diminish the common law liability of 
 said company as common carriers: and the said company shall he 
 
 Bubject to chapters fifty-six and fifty-seven of the Code, so far as the. 
 
 same may he applicable thereto, and nol inconsistent with the pro- 
 visions of this act. 
 
 Common 
 carrion 
 
MINERAL 8PBING8. 271 
 
 13. That no right of property to this franchise shall invest until when right of 
 the minimum amount of capital is subscribed and fifty thousand del- Tested 
 
 Ian actually paid; of which fact it shadl be the <luty of the company 
 to inform the governor in the same manner tliat the officers of a hank 
 about to be put in operation are required to do; and when said com- 
 pany shall be organised and ready to go into operation, it shall ho 
 the duty of the presiding officer and treasurer to make a statement 
 upon oath to the auditor of public accounts of the amount of capital 
 
 paid in. and to make a like Statement every six months thereafter, K'-mi- annual 
 
 . . report 
 
 with an additional statement of their profits- and gross receipts; and 
 for failing to make such report, they shall forfeit and pay into the 
 public treasury one thousand dollars for each failure; to he recovered 
 by motion, after ten days* notice, in the circuit court of the city of 
 Richmond. 
 
 14. This act shall he in fore from its passage, and shall he sub- Commencement 
 jeot to modification or repeal, al the pleasure of the general assembly. 
 
 Chap. 190. — An ACT to incorporate the Sweet Chalybeate Springs 
 ( iompany. 
 
 Pasffl February 16, 1861. 
 
 1. Be it enacted, that any persons who may unite to purchase the Company 
 Sweet chalybeate springs in the county of Alleghany (comnionly 
 
 known as the Red sweet springs), and shall purchase the same with 
 
 the intent to avail themselves of the [lowers of this act, shall and 
 may becon corporate and politic, under the name of The 
 
 Sw.it Chalybeate Springs Company ; and as such, shall have con- 
 tinued d b< sued, contract and he contracted with, 
 and may have and use a common seal. The corporation may acquire 
 and hold land- not three thousand ains. and other pro- 
 perty not exceeding the value of two thousand dollars: with thePowonaf 
 power to sell ami lease any of it- land-: to improve the same by 
 buildings and farming; In enter into contract of ins | 
 fire : to.i. duet com, w In at and .-aw mil!-, and other mills 
 for the manufacture of wool and COtton fabric-; and to deal in the 
 products thereof; to deal in the transportation ■.,-, mineral 
 
 and to mil oilier the 
 
 dation of 
 ami demand and receive compensation therefor. The corporation < 
 
 phall • '.all 
 
 | 
 
 and I with, to i 1 to ilio 
 
 ration, fiv I by -laws, 
 
 i-t< nt w.t :i of 
 
272 MINI KAL SPRINGS. 
 
 tin- state, ami the appointment <>f ■ president and four director*. To 
 constitute said meeting and all general meetings of the corporation. 
 there must be present those who oan giro ■ majority of all the votes 
 entitled to be given according to the scale prescribed in the tenth 
 
 Capital stock section of chapter fifty-seven of the Code. The capital of the cor- 
 poration shall not exceed the sum of three hundred thou>aud dollars, 
 
 and the shares and certificates of stock shall be deemed and con- 
 sidered persona] property. 
 
 Commencement 2. This act shall he in force from its passage, and shall at all times 
 be subject to amendment or repeal, at the pleasure of the general 
 
 assembly. 
 
 ('i.mpnny 
 incorporated 
 
 Capital stock 
 
 Quantity of 
 laii'l, &.C, 
 l'",\ I rs of 
 
 company 
 
 C'n\r. I'M.— An ACT to incorporate the Kockhridge 'White Sulphur Springs 
 
 Company. 
 
 Passed March 12, 1861. 
 
 1. Be it enacted by the general assembly, that George A. Baker, 
 Henry M. Estill, James W. MoClung, Robert M. McDowell. Robert 
 G. "White, and such other persons as may he associated with them. 
 be and they are hereby incorporated and made a body politic and 
 Corporate, by the name and style of The Rockbridge "White Sulphur 
 Splines Company; and as such, shall have continual succession, sue 
 and be sued, contract and be contracted with, and ordain hy-laws 
 and regulations not inconsistent with the laws of this state, and be 
 invested with all the rights and privileges conferred by tiie Code of 
 Virginia, and made subject to all the rules, regulations and restric- 
 tions imposed by the said Code of Virginia, applicable to such cor- 
 porations. 
 
 2. The capital stock of said company shall be twenty thousand 
 dollars, to be divided into shares of one hundred dollars each: with 
 power to increase said capital stock to the sum of fifty thousand dol- 
 lars. The said company may acquire and hold not exceeding live 
 hundred acres of land, and have power to erect buildings for the 
 accommodation of visitors and others; to provide for their enter- 
 tainment, and receive compensation therefor; to enter into contracts 
 of sale and lease, and of insurance against fire; and to erect manu- 
 factories, machinery, and operate the same. 
 
 Commencement 3. This act shall be in force from its passage, and he subject to 
 amendment, alteration or repeal, at the pleasure of the general 
 assembly. 
 
MINERAL SPRINGS. — ARMS AND ORDNANCE. 27.'i 
 
 Chap. 192. — An ACT to incorporate the Capper Springs Company. 
 Passed February 27, 1801. 
 
 1. Be it enacted by the genera] assembly, that David Pugh, P. i 
 J. Dunlap, 1!. Brace Muse, Charles E. Qrav< •■ Otway McCormick, 
 William G. Russell, William F. Marker, W. Zixkle, and sucb per- 
 sons ;>s may hereafter be associated with them, shall be ami are 
 hereby incorporated and made a body politic, under the name and 
 style of The Capper Springs Company, Frederick County. Virginia; 
 and as Bnch, shall have continued succession, sue and be sued, con- 
 trail and be contracted with, and be invested with all the rights and 
 privileges conferred by the Code of Virginia, and Bubject to all the 
 rales, regulations and restrictions imposed by said Code of Virginia, 
 applicable to such corporations, so far as the same be not inconsis- 
 tent with the provisions of this act. 
 
 2. The corporation may acquire and hold lands not exceeding four r.arM*. 
 thousand acres, and other property not exceeding the value of fifty ' y 
 thousand dollars, with power to pell and lease any of its lands, and to 
 make improvements thereon. It may make any arrangements for 
 
 the accommodation Of invalids and visitors, and demand and receive 
 compensation therefor. It may engage in any mining, milling or 
 manufacturing operations, and deal in the products thereof. 
 
 n. The capital of the company shall be not less than ten nor more Capital 
 than one hundred thousandfcdollars, in shares of twenty-five dollars 
 each. The shares or certificates of Stock shall be Considered per- Stork. per«otxU 
 
 8onal property, transferable by the endorsement of the holder. 
 
 
 4. The corporation shall he deemed to be constituted so BOOnyjas Officer* 
 ten thousand dollars shall have been subscribed. Tt shall appoint its 
 
 own officers; ordain by-laws not inconsistent with the constitution 
 and laws of the state, and perform such Other acts as may be 0< I 
 sary for its complete organisation. 
 
 5. This act shall be in force from its ] 11 he sttbject Oommi 
 to alteration, modification and repeal, al are of the general 
 aatembly. 
 
 CHAP in?,. — An ACT to incorporate the Virginia Ar?r M mng 
 
 1 Be it enacted by the general atoecnbly, tl R. Andi r 
 
 pon. Jamw II . Barton, Charles Campbell, Ro*ooe B. Heath, Thoi 
 
 Yv v ,l ( ,| m iv,-. • .1. Marshall Medic, 
 
 18 
 
274 -A K.MS AND OKDNAXCE. 
 
 John D. Iinbodcn, anil such Other persons as may be hereafter asso- 
 ciated with them, shall be and tin y are hereby incorporated into a 
 body corporate and politic, uder the name anil style of The Vir- 
 o&jectg ih<rcof g'uiia Anns Manufacturing Company; for the purpose of mannfao- 
 blring and Belling fire arms .and all other implemente of war in or 
 near the citv of Richmond, and they are hereby invested with all the 
 rights, powers and privileges, ami subject to all the rnl< •• regulations 
 and restrictions provided ami prescribed in the Code of Virginia, 
 and any laws amendatory thereof, in regard to Bueh bodies politic 
 and corporate, so for as the same are applicable, and not inconsistent 
 
 with the rights herein granted. 
 
 Capital 2. The capital stock of the said company nil all not he less than 
 
 fifty thousand dollars nor more, than five hundred thousand dollars, 
 to be divider] into ^mres, of one hundred dollars each; and the indi- 
 viduals above named may open boohs of subscription to the capital 
 stock at such time and place as they or a majority of them shall 
 deem expedient. 
 
 •rommcnccirent 3. This act shall be in force from its passage. 
 
 Chap. 191. — An ACT to incorporate tho. Lynchburg Ahum and Engine 
 Manufacturing Company. 
 
 Passed February 13, isbl. 
 
 Company 1. Be it enacted by the general assembly, that P. 15. I>eane, sen., 
 
 incorporated j^ ,, Mc D an Jel, F. Drown 1 >e;uio, A. lb Kucker, Thomas J. 
 
 Kinkpatrick, John (J. Meem, Charles Blackford, William s. Moi 
 Charles Scott and John ('. Deane, ami Buch other persona as may be 
 
 hereafter associated With them, shall be ami they are hereby incorpo- 
 rated into a body corporate and politic, under the. name and style of 
 •Objects thereof The Lynchburg Arms and Engine Manufacturing Company; for the 
 purpose of manufacturing and selling lire arms and all other imple- 
 ments of war, locomotives, steam engines, and all descriptions of ma- 
 chinery, composed in whole or in part of iron or steel, in or near the 
 city of Lynchburg; and they are hereby invested with all the rights, 
 powers and privileges, and subject to all the rules, regulations and 
 restrictions provided and prescribed in the Code of Virginia, and any 
 laws amendatory thereof, in regard to such bodies politic, and corpo- 
 rate, so fur as the same are applicable, and not inconsistent with the 
 rights herein granted. 
 
 Capital itoek ~. The capital stock of the said company shall not be less than 
 
 fifty thousand dollars nor more than live hundred thousand dollars, 
 to be divided into shares of one hundred dollars each, with the right 
 hereby given to corporations to subscribe for and hold stock therein ; 
 
ARMS AND ORDNANCE. — STEAM BOAT COMPANIES. 275 
 
 and the individuals above named may open bonks of subscription to 
 the capital stock at such time and place as they or a majority of them 
 shall deem expedient. 
 
 3, This act shall be in force from its passage. aneboenmtt 
 
 Chat. 105. — An ACT to incorporate the Staunton Arms and Ordnance 
 
 Company. 
 
 PUNd March 1, 1861. 
 
 1. Ho it enacted by the general assembly, that John M. McCue, Company 
 John T). iWboden, Lorenzo Sibert, M. (J. Barman, Richard- ,ncorpori 
 
 son, E. M. Taylor, and such other persons as shall be associated with 
 them under the provisions of this act, shall be and they are hereby 
 incorporated and made a body politic and corporate, by the name 
 and style of The Staunton Arms and Ordnance Manufacturing 
 Company; for the purpose of manufacturing fire anus and ordnance Otyecta thowf 
 of every description in the county of Augusta; and they are hereby 
 ted with all the rights, powers and privileges conferred on such 
 bodies politic and corporate, by the act entitled an act prescribing 
 general regulations for the incorporation of manufacturing and mining 
 companies, passed February thirteenth, eighteen hundred and thirty- 
 seven, and are made subject to all the regulations and restrictions 
 prescribed in said act. 
 
 2. The capital stock of the said company shall not be less than Capital rtoeh 
 fifty thousand dollars nor more than three hundred thousand dollars, 
 divided into shares of one hundred dollars each ; and they may 
 purchase and hold in fee simple, h t or use in one or more tracts, 
 lands in the said county of Augustai not exceeding however at any 
 one time five hundred acres. 
 
 .". The parties and persons named in the first section hereof, or Cor^r'ysio^rrt 
 any three of them, are hereby appointed commissi) nen to carry out 
 the provisions of this act. 
 
 4. hall be in force from its passage. mm 
 
 Ou\c ".••'•— \- nrorporatf the llaHimore an>"i Fredericksburg 
 
 my. 
 
 I. Be ' nbly, (hat .Tew, p n \ . 
 
 Rober- w. ^daros, Beth B. I J. Pent*, John W. D. h *" r " 
 
 rles K Cannon, and th<ir associates, and all other 
 
276 
 
 STEAM BOAT COMPANIES. 
 
 Capital stock 
 
 persons who may hereafter be holders of the stock herein after men- 
 tioned, are hereby constituted a body corporate, by the name of Tho 
 Baltimore and FrederioRsburg Steam Boat Company; and ma)' so 
 remain and continue fur thirty yean next ensuing, for the purpose 
 of building, purchasing, equipping, furnishing, chartering and own- 
 ing one or more vessels, to be propelled by Bteam or other motive 
 power, to be run between the city of Baltimore and Frederioksburgi 
 and used iii navigating the Chesapeake bay and Rappahannock river, 
 and their tributaries, and carrying freight and passengers between 
 the aforesaid cities, and such other points on the Chesapeake bay 
 and Rappahannock river, and their tributaries, as may hereafter be 
 chosen by the said company. 
 
 2. The capital stock of said company shall not be less than twenty 
 thousand dollars nor more than one hundred thousand dollars, to bo 
 divided into shares of twentv-five dollars each. 
 
 W1k>d mee 
 to be held 
 
 Directors 
 
 ting 3. As soon as twenty thousand dollars shall have been subscribed, 
 a meeting of the stockholders shall be called : and said stockholders 
 shall elect at such meeting, or at any subsequent general meeting, 
 live directors, being stockholders, to hold their office for one year, to 
 manage and conduct the affairs, concerns and business of the com- 
 pany. Each stockholder at such election shall be entitled to one 
 vote for each share he shall hold at the time of such election ; and 
 the election shall be -made by such of the stockholders as shall attend 
 for that purpose, either in person or by proxy ; and the directors of 
 the said company, except for the first year, shall be annually elected 
 at such time and place as shall be directed by the by-laws of said 
 company. 
 
 Quorum 4. Any three directors of the said company shall form a quorum 
 
 for the transaction of all the business of the company. 
 
 Common seal 5. The said company may have and use a common seal, and its 
 
 stock shall be deemed personal estate, and shall be transferable in 
 such manner as shall be prescribed by the by-laws of said company. 
 
 G. The said company may purchase, hold and convey such real 
 estate as may be convenient for its uses, not exceeding in a city or 
 town three acres, and elsewhere ten acres. 
 
 President, how 
 appointed 
 
 By laws, Sic 
 
 7. The directors of the said company who may from time to time 
 be duly elected, may appoint one of their number to be president, 
 and such other officers and agents, and establish such by-laws and 
 regulations as they may think proper and expedient for the govern- 
 ment of the company and the management of its business, so that 
 such by-laws and regulations shall not conflict with, nor in any man- 
 ner violate the constitution and laws of this state or of tho United 
 States. 
 
LUMBER COMPANIES. 277 
 
 8. The said corporation shall possess the general powers and pri- flonorai 
 vileges, and he subject to the general restrictions and liabilities pre- 
 scribed in the fifty-sixth and fifty-seventh chapters of the Code of 
 Virginia, so far as the same are applicahle, and not in conflict with 
 
 any provision contained in this act. 
 
 9. This act shall take effect immediately from and after its passage, Commer 
 and shall he subject to any amendment, alteration, modification or 
 repeal, at the pleasure of the general assembly. 
 
 Chap. 197. — An ACT to incorporate the Virginia Lumber Company in the 
 Counties of Augusta unci Bockbridge. 
 
 Passed March SM, 18G1. 
 
 1. Be it enacted by the general assembly, that John B. Coles, Coapsay 
 Marcus Durrett, W. M. Morris, James Goodloe, Addison Ooodloe, 1QCOrpor ' 
 K. T. W. Duke, C. L. Fowler, Garrett M. White, R. M. Durrett, 
 Garrett W. Martin, John D. Carr, John A. Martin, Hudson Martin, 
 
 John W. Dickenson, W. Smith, T. M. Fleming, James Harris, D. 
 B. Tow-nicy. W. 15. Smith, David Kcinple, J. W. Woods, A. J. 
 Brown, J. II. Heath, Scaton Bridgeware! and W. A. Hamner, and 
 tlnir associates, arc hereby incorporated and made a body politic and 
 corporate, under the name and style of The Virginia Lumber Com- 
 pany; for the purpose of procuring lumber in the counties of Au- 
 gusta and Bockbridge; and by the name of the Virginia lumber 
 company, tiny shall have perpetual succession and a common seal, 
 may sue and he sued, pl< ad and be impleaded, and make such by- 
 rub s and regulations for the management of their affairs as 
 they may deem fit: provided the same be not inconsistent with the 
 laws of the state or of the United States: and may purchase, lease, 
 hold, sell and convey real and personal estate I provided such real 
 
 estate shall not i xeeed twenty thousand acres. 
 
 2. The capital stock of said company shall not be |< u than five capital Mock 
 thousand dollars nor more than one hundred thousand dollar-, to be 
 
 divided into shares of twenty- five dollars each; and the parties 
 
 named in the first section, any three of whom may act. are hereby 
 appointed commission) n to (any out the provisions of this act 
 
 3. Tie tock of wid company, including the real estate owned by stock, pccsaasl 
 the same, shall be deemed personal estate, and ■ .• h tsathe 
 
 ■ kholder, and may be transferred, 
 
 and certificates thereof be issued in moll manner and form HI the 
 
 stockholders in general meeting or the president and i may 
 
 H. i de upon. 
 
378 
 
 PACKET COMPANIES. — LAND COMPANIES. 
 
 G moral provi- 
 ■loot 
 
 •J. The said company shall be Bobjecl to the provisions of the fifty- 
 seventh chapter of the Code of Virginia, and every act amendatory 
 thereof bo far a> the simc ore applicable to and not inconsistent v>ith 
 this act. 
 
 Commencement 5. This act shall be in force from its passage, and shall bo subject 
 to modification and repeal, at the pleasure of the general assembly. 
 
 Company 
 
 incorporate d 
 
 Objects 
 
 Chap. 198. — An ACT to incorporate' the Kichmond and Liverpool Packet 
 
 Company. 
 
 PMMd March 13, 1861. 
 
 1. Be it enacted by the general assembly of Virginia, that Dunlop, 
 Moncure and Company, Joseph R. Anderson and Company, Kent, 
 Paine and Company, Warwick and Uarksdale, . David J. Burr, POT- 
 cell, Ladd and Company, and such other persons and firms as may 
 be associated with them, their successors and assigns, be and they 
 are hereby made a body corporate, by the name and style of The 
 Richmond and Liverpool Packet Company ; for the purpose of own- 
 ing, navigating and freighting ships or other sailing vessels engaged 
 in foreign or domestic commerce, trading from the city of Kichmond. 
 The capital of said company shall not be less than fifty thousand 
 dollars nor more than five hundred thousand dollars, and shall be 
 held in shares of five hundred dollars each : provided, however, that 
 nothing in this act shall change or affect the rights, obligations, 
 exemptions and immunities of the said company under the provisions 
 of the laws of the United States applicable to owners of vessels. 
 
 Executive 
 
 committee- 
 
 2. In lieu of a president and board of directors, the affairs of this 
 company shall be administered by an executive committee, the num- 
 ber of which committee and term of office of its members shall bo 
 regulated by a by-law of the company : provided the said company 
 shall be subject to such general laws as now affect corporations of 
 this character. 
 
 Commeucemem 3. This act shall be in force from its passage. 
 
 Company 
 incorporated 
 
 Chap. 109. — An ACT incorporating the Piedmont Land and Improvement 
 
 Company. 
 
 Tugged March 27, 18C1. 
 
 1. Be it enacted by the general assembly of Virginia, that W. A. 
 Reed, Charles Scott, Adam Dinwood and John Robin. McDaniel, 
 
LAND COMPANIES. 979 
 
 together with such other persons as may hereafter he associated with 
 them, shall he and they are hereby made a body politic and corpo- 
 rate, by tlic name and style of The Piedtnonl Land and Improve- 
 ment Company ; and by that name, shall have perpetual su ccessi o n ; 
 may contract and he contracted with, sue and lie sued, plead and he 
 Impleaded in all courts and places; have a common seal, and the. 
 same to alter at pleasure ; may make all necessary by-laws and rogu- 
 lations for the government of said company, not inconsistent with 
 the constitution and laws of the state of Virginia, or of the United 
 States. 
 
 2. The object of the above named company shall he the encou- OhJecU of 
 ragement ol manufacturing establishments and the improvement ot 
 
 lands in the i aunties of Campbell and Bedford near the city of Lynch- 
 burg: and for that purpose shall have power to hold by purchase or Power* of 
 
 otherwise lands in said counties, not exceeding five hundred acres at 
 any time; and shall have authority to sell, lease, rent or mortgage 
 each lands, with the appurtenances, as they may hold, and to erect 
 buildings thereon for dwelling or manufacturing purposes, for sale, 
 or rent. 
 
 3. Said company shall have power to acquire from the James river Water prtrflafai 
 and Kanawha company water privileges for the u^v and purposes of 
 
 the said company hereby incorporated, or by them may in part or 
 whole be relet for the use and purposes of such manufacturing com- 
 panies or establishments as may be erected on the lands of said 
 company. 
 
 4. Tt shall be lawful for said company to construct rail roads from nail road* 
 any point OT points on their lands to any other rail road that may 
 
 l.t tn sm h construction : provided they do not invade the lands 
 of others, but have authority to contract lor the right of way. 
 
 5. The ( ■• k of said company shall not 1>< less than ten capital •*•«* 
 thousand dollars nor more than five hundred thousand dollar-, to be 
 
 divided in snares of one hundred dollai eaeh; ami tie said stock 
 shall be deemed personal property, ami transferable on the boo! 
 mpany by the shareholder in person or by prow. 
 
 6. The company shall have power to appoint or elect a president vr< utatasrf 
 and board of directors, and mkIi other officen and 
 
 deemed necessary for the transaction of the bu ■mpany. 
 
 and all elections or aprx ibly to tie by-laws and 
 
 the company, shall lie legal. 
 
 7. I from and after the pat 
 
 and shall 1" subject to mndifi< .'. at the plea- 
 
 sure of tli.' general assembly. 
 
280 
 
 AGRICULTURAL SOCIETIES. 
 
 
 Chap. 200. — An ACT to incorporate ; County Agricultural 
 
 Society. 
 
 raised March 12, 1861. • 
 
 I. Be it enacted by the general assembly, that F. P. Turner, E. 
 II. Rader, J. L. Armstrong, William nfoCoy, S. J. C. Davenport, 
 Reuben Douglas. . P. Scott, T. B. Fitzhagb, William B. hfcMahon, 
 Daniel Frost and Jonathan Hyde, and such other persons as are now 
 <>r may hereafter be associated with them, shall be and are hereby 
 made and constituted a body politic and corporate, by the name and 
 BtyleofThe aokson County Agricultural Society; with a capital 
 not exceeding twenty-five thousand dollars, in shares of one dollar 
 each; to be used to promote the purposes of said society, and not 
 otherwise; and by the said name, shall have perpetual succession 
 and a common seal ; may sue and be sued, plead and be impleaded ; 
 and may make such by-laws, rules and regulations for its govern- 
 ment as they may deem fit, not inconsistent with the constitution and 
 laws of this state or of the Unlit d States : and the said society shall 
 be invested with all the powers and privileges conferred, and he sub- 
 ject to all the regulations and restrictions imposed by the fifty-sixth 
 and fifty-seventh chapters of the Code of Virginia, so far as the 
 same arc applicable, and are not inconsistent with the provisions of 
 this act. 
 
 powitk of 2. The said society shall have power and authority to purchase, 
 
 company . , , , . . . , . „ 
 
 receive and hold, to them and their successors lorever, or to rent or 
 [ease for a term of years, such lands, tenements, goods and chattels 
 as may be necessary or proper for the use of said society, and to 
 borrow money to make such purchases, and to sell, lease or other- 
 wise dispose of the same: provided, that the quantity of land thus 
 to be held and enjoyed shall not exceed one hundred acres. 
 
 Dlrecton, how 3. And the said society shall have power to elect a board of direc- 
 
 appoiund, their , , . „ 
 
 number, fee tors, to consist of not less than nine nor more than twenty-live mem- 
 bers ; to provide, b}' its constitution or by-laws for the appointment 
 of a president and such other officers as may be necessary, and to 
 require from any of them bond with security, in such penalty as may 
 be deemed proper and sufficient to secure the faithful discharge of 
 their duties. 
 
 t';ommcnc:r.ient 4. This act shall be in force from its passage, and shall be subject 
 to modification or repeal, at the pleasure of the general assembly. 
 
 Company 
 incorporated 
 
 ClIAr. 201. — An ACT to incorporate the Industrial Society of Wood County, 
 rasscd March 20, 1861. 
 
 1. Tie it enacted by the general assembly, that James M. Ste- 
 phenson, Hugh P. Dils, Benjamin R. Pcnnybacker, John Hanna- 
 
MANUFACTURING COMPANIES. 281 
 
 man, Benjamin Toothman, Jacob B. Blair, John Kiooheloe, Jacob 
 Cork, Barnet II. Foley, Jerome MoMullen, Paul Cook. Samuel S. 
 Spencer and James Cooper, and such Other persona U are now or 
 ma} - hereafter be associated with them, shall be and they are hereby 
 constituted a body politic and corporate, by the Dame and Btyle of 
 The Industrial Society of Wood County; with a capital not exceed- 
 ing' thirty thousand dollars, in shares of one dollar each, to be used 
 to promote the purposes of said society, and not otherwise; and by 
 the said name, shall have perpetual succession and a common seal; 
 and may sue and be sued ; and may make such by-laws, rules and 
 regulations for its government as they may deem fit, not inconsistent 
 With the constitution and laws of this state or of the United States: 
 and the said society shall be invested with all the powers and privi- 
 eonferred. and be subject to all the restrictions Imposed by the 
 fifty-sixth and fifty-seventh chapters of the Code of Virginia, so far 
 as the same are applicable, and not inconsistent with the provisions 
 of this act. 
 
 2. The said society may purchase, receive and hold, to them and Powers of 
 their successors forever, or rent, or lease for a term of years, such company 
 lands, tenements, goods and chattels as may be necessary or proper 
 for the u^c of said society; and may borrow money to make such 
 pnrchasi b; and may sell, lease or otherwise dispose of the same; but 
 the quantity of land thus to be held and enjoyed shall not exceed one 
 hundred acres. 
 
 .'?. The said society may elect a board of directors, to consist of Direeton, how 
 not less than nine nor more than fifteen members; and may provide '' i>1Hm 
 by its constitution or by-laws for the appointment of a president and 
 sueli other officers as may be necessary, and require from any of them 
 bond iritfa security in such penalty as may be deemed Sufficient to se- 
 cure the faithful discharge of their duties. 
 
 4. This ad shall be in force from its passage, and shall be subji c4 commencement 
 to modification or repeal, at the pleasure of the general assembly. 
 
 Ciim' 208 —An A< T to in •; >'■ th< Virginia Boot and U afae- 
 
 tuiiiiix < lompany, 
 
 raniK-'I January 2."i, IML 
 
 I, Be it « mm h i by the general assembly, thai James Q. Minoi 
 W. - 1. Hugh I.. Qallaher, William Q D rHU * 
 
 Crenshaw and !>. T. lb-hie, ami SUCfa other :linn 
 
 five) as ma] hereafter !■• l with them, their n and 
 
 ■ by incorporated, under the name of The Virginia 
 
 ofacturii . purpose of mam- 
 
282 
 
 MANUFACTURING COMPANIES. 
 
 "f 
 
 la what stock 
 DMj be paid 
 
 Power* of 
 rompany 
 
 factoring and dealing in hunts and shoes, and materials and appliances 
 ooaneetod with the same, under snob, rights, patents or licenses as 
 
 said company may own DI acquire. 
 
 2. Be it farther enacted, that hooka of subscription may be opened 
 at soeh times and places, and in such manner as the persona named 
 in the preceding Bection, <>r any three of thein, may d< siguate, for 
 the purpose of receiving subscriptions from individuals or corpora- 
 tions to an amount not exceeding live hundred thousand dollars ; and 
 tin- said company may lie organized as soon as the sum of twenty- 
 five thousand dollars is subscribed. The whole or any part of the 
 capital stock may lie paid in lands, buildings, materials, patent rights, 
 licenses or other property necessary or proper for the business of the 
 company : and said company may borrow money or acquire pro- 
 perty, upon the issue of their notes, bonds, hills, or other evidences 
 of debt; and may take, accept or endorse such notes, bills of ex- 
 change or other evidences of debt as may he necessary or proper in 
 the transaction of their business; and may mortgage, convey or 
 pledge their lands, franchises or other property ; and shall be subject 
 to chapter fifty-six of the Code, and also to chapter iifty-seveii, with 
 the exception of section thirty-five thereof, so far as the said chapters 
 are applicable to and not inconsistent with any provisions of this 
 act, and also to any other act of the general assembly applicable to 
 the same: provided, that the said company shall, before exercising 
 any of the privileges of this act, determine upon their place of doing 
 business in this commonwealth, and make known the same by pub- 
 lication in at least two newspapers published in the city of Richmond, 
 for two months: and provided further, that ten thousand dollars in 
 momy shall first bo subscribed and paid. 
 
 Commenciment .'J. This act shall be in force from its> passage, and shall be subject 
 to repeal or modification, at the pleasure of the general assembly. 
 
 i 
 
 business to be 
 made kiiowa 
 
 Chap. 203. — An ACT to incorporate the James River Boot, Shoe and Leather 
 Munulke tilling Company. 
 
 Company 
 incorporated 
 
 Pawed March 87, 18G1. 
 
 1. Be it enacted by the general assembly, that Henry C. Cabell, 
 Charles W. Purcell, Johnson II. Sands, and such other persons as 
 may be hereafter associated with them, shall be and they are hereby 
 constituted a body politic and corporate, by the name and stylo of 
 The dames River Boot, Shoe and Leather Manufacturing Company; 
 and by that name and style, are invested with all the rights and 
 privileges conferred, and made subject to all the regulations and re- 
 strictions imposed by the Code of Virginia, applicable to such corpo- 
 rate bodies, and not inconsistent with this act. The persons above 
 
MANUFACTURING COMPANIES. 283 
 
 named shall be commissioners, any two of whom may receive sub- 
 scriptions to the stock of this company. 
 
 2. The capital stock of said company shall not be less than twenty Capital *tock 
 thousand nor more than one hundred thousand dollars, in shares of 
 
 fifty dollars each, in par value. 
 
 3. The company shall have power to establish such tanyards, rower* of 
 shops, storehouses and other buildings and facilities as may be requi- 
 site for the manufacture of hoots and shoes, and of leather and of 
 leather manufactures of every variety, and to conduct such businesses 
 
 in all their branches. 
 
 4. The company shall have power and authority to appoint one or Agent*, how 
 more persons to manage the business of the said company. The said Reaieitata 
 
 company shall have power to hold real estate in the county of Ches- 
 terfield and the county of Henrico, not exceeding seventy acres, 
 and in the city of Richmond not exceeding one acre, and one acre in 
 
 the town of Manchester, at anyone time, by lease, purchase or other- 
 wise, with power to sell and convey, or to mortgage any real and per- 
 sonal effects of which it may be in possession, at pleasure. The Fundi, how 
 
 company shall have power and authority to invest its capital stock invc8te 
 or its other funds in stocks of this state, or in the bonds or stock of 
 any inc o rporation within this state. 
 
 5. This act shall be in force from and after the passage thereof. Commonce-mee* 
 
 Chap. 204. — An ACT to incorporate the Amherst and Nelson Woolen Ma- 
 nufacturing Company in the County of Nelson. 
 
 Pined February 16, li 
 
 1. T?e it enacted by the general assembly, that James M. Dillard, Company 
 Peter II. Dillard, and such others as ntaj te with them, shall 
 
 be and tin y are hereby incorporated and made a body politic and 
 
 corporate, under the name and style of The Amherst and Nelson 
 "Woolen Manufacturing Company; for the purpose of manufacturing 
 wool, eotton. iron and leather at Tye riv« r depot 00 t 1 and 
 
 Alexandria rail road in the county of Nelson : and tin v are hereby 
 ted with the powers and rights conferred on inch corporate 
 bodies, and mad< subject to the regulations and d ribed by 
 
 chapter fifty-seven of the Code of Virginia. 
 
 capita] sb than ten i I 
 
 ind dollars nor more than fifty thousand dollars, to be divided 
 hares of fifty dollar.- each. The company shall have the i 
 to purchase and hold land not exca ding -< •. < nt\ : 
 
 act shall be in foro Groin it pat i commaMH 
 
284 
 
 MANUFACTURING COMPANIES. 
 
 Company 
 incorporated 
 
 Chap. 205. — An ACT to incorporate tlie Oxford Cotton and Woolen 
 Company. 
 
 Tossed March 16, 
 
 I. Be it enacted by the general assembly, that Thomas Doswell, 
 William A. Moncure, Thomas H. Fox, Benior, Thomas II. Fox, 
 junior, John T. Anderson, James M. Taylor, Chastain White, Buck- 
 ner T. Trevilian and Doctor W. H. Fox, with such other persons aa 
 may be hereafter associated with them, shall he and they arc hereby 
 incorporated and made a body politic, under the style and name of 
 The Oxford Cotton and Woolen Company; for the purpose of manu- 
 facturing and selling goods made of silk, hemp, wool or cotton, at 
 Oxford in the county of Caroline : and the said company is hereby 
 invested with all the rights, privileges and powers, and subject to all 
 the limitations and restrictions conferred and imposed upon such 
 bodies politic and corporate by the fifty-sixth and fifty-seventh chap- 
 ters of the Code, so far as they are applicable to and not inconsistent 
 with the powers herewith granted and contained. 
 
 Real estate 2. That the said company shall have power to purchase and hold 
 
 real estate and water privileges in the county of Caroline, which may 
 be necessary for their business, and may sell and convey, lease, rent 
 or otherwise dispose of the same. 
 
 Capital 3. That the capital stock of the company shall not be less than 
 
 ten thousand dollars nor more than one hundred thousand dollars, 
 divided into shares of fifty dollars each. 
 
 Commencement 4. This act shall be in force from its passage, and shall be subject 
 to amendment, alteration or modification, at the pleasure of the ge- 
 neral assembly. 
 
 Company 
 incorporated 
 
 Chat. 2UG. — An ACT to incorporate the Rocky Toint Lime and Marble 
 Manufacturing Company in the County of Botetourt. 
 
 Pussed April 2, 18G1. 
 
 1. Be it enacted by the general assembly, that John S. Wilson, 
 John W. Jones, T. Henry Johnston, John II. Wilson, AValter G. 
 Turpin, and such other persons as they may associate with them, 
 shall be and they are hereby incorporated and made a body politic, 
 under the name and style of The Rocky Point Lime and Marble 
 Manufacturing Company, in the county of Botetourt; for the pur- 
 pose of manufacturing lime, and carrying on a marble business in 
 the said county ; and arc; hereby invested with all the rights, powers 
 and privileges conferred upon such bodies corporate, and subject to 
 
MANUFACTURING COMPANIES. 285 
 
 all the restrictions and limitations contained in the Code of Virginia, 
 and all acts amendatory of the same, so far as the same are applica- 
 ble to and not inconsistent with the rights and powers hereby con- 
 ferred. 
 
 2. The capital stock shall not he loss than fifty thousand dollars Capital stock 
 nor more than one hundred thousand dollars, to be divided into 
 
 shares of fifty dollars each ; and the said company BhaU have power 
 to purchase, hold and possess land not exceeding two hundred and 
 three acres at any one time. 
 
 3. This act shall he in force from its passage, and shall he subject Commiuconiont 
 to amendment, modification or repeal, at the pleasure of the general 
 assembly. 
 
 Chap. 207. — An ACT to ainpnd the Charier of-the Virginia Car Spring 
 
 Company. 
 
 rassod March 15, 1861. 
 
 1. Be it enacted by the general assembly, that the first section of Act of 186 ° 
 the act incorporating the Virginia car spring company, passed March 
 
 the nineteenth, eighteen hundred and sixty, is hereby amended so as 
 to read as fellows : 
 
 "§1. Be it enacted by the' general assembly, that Addison M. Company 
 
 incorj 
 Burt, John .1. Fields, James S. L. Cummins, 1). T. Bisbie, George 
 
 W. Grice, Samuel Watts, and such other persons as may hereafter 
 -ociated with them, their successors and assigns, are hereby in- 
 corporated under the name of The Virginia Car Spring Company ; 
 for the purpose of manufacturing and dealing in India rubber or me- 
 tallic springs, and other articles composed in whole or in part of India 
 rubber or other material, under the several patents of Henry W. 
 Joslin, Asahel K. Eaton, John J. Fields, and such other patents, 
 rights or licenses as said company may acquire." 
 
 2. This act shall be in force from its | Commcnc-wo* 
 
 ( 'mm' "J"-. — An ACT i" incorporate I I and 
 
 Agricultural Impli i 
 
 •• - 
 
 1. Be it enacted by the general assembly, thai Henry C. Cabell, compear 
 
 Wellington Coddin and Johnson II. Bands, and nidi other pel . r»t*d 
 
 as may be he ;th them, shall be and they 
 
l'm; 
 
 MANUFACTURING COMPANIES. 
 
 hereby constituted a body politic and corporate, by the name ami 
 style of The Chesterfield Locomotive, Car and Agricultural Imple- 
 ment Manufacturing Company; and by that name and style, are in- 
 vi ited with all the rights and privileges conferred, and be subject to 
 all the restrictions, rules and regulations prescribed by the fifty-sixth 
 and fifty-seventh chapters of the Code of Virginia, bo far as they 
 are applicable to and not inconsistent with the powers and privileges 
 oommiMioncrs herein contained and granted. The persona above named shall be 
 commissioners, any two Of Whom may receive subscriptions to the 
 stock of this company. 
 
 capital 2. The capital stock of said company shall not be less than twenty 
 
 thousand nor more than two hundred thousand dollars, in shares of 
 fifty dollars each, par value. 
 
 Power n{ 
 company 
 
 3. The company shall have power to establish such shops, store- 
 houses and other buildings and facilities as may be requisite for tho 
 manufacture of agricultural implements, furniture, cars, locomotives, 
 stationary engines, and all other kinds of machinery, and to con- 
 duct such businesses in all their branches. 
 
 Agents, ic 
 Real r state 
 
 Pnnds, how 
 invested 
 
 4. The company shall have power and authority to appoint one or 
 more persons to manage the business of said company. The said 
 company shall have power to hold real estate in the county of Ches- 
 terfield not exceeding twenty acres, and in the city of Richmond not 
 exceeding one acre, by lease, purchase or otherwise, with power to 
 sell and convey the same, or to mortgage any real and personal 
 effects of which it may be in possession, at pleasure. The company 
 shall have power and authority to invest its capita] stock or its other 
 funds in stocks of this state or in the bonds or stock of any incorpo- 
 ration within this state. 
 
 Commencement 5. This act shall be in force from and after the passage thereof. 
 
 Company 
 incorporated 
 
 Chap. 209. — An ACT to incorporate the Southern Manufacturing Company. 
 
 iv. - i February lfi, 1861. 
 
 1. lie, it enacted by the general assembly of Virginia, that Samuel 
 C. Robinson, Henry K. Ellyson, Thomas Dodamead, Woodson P. 
 Harwood, George. \V. Smith, and such other persons as may be here- 
 after associated with them under the provisions of this act, and their 
 Successors, shall be and they are hereby incorporated and made a 
 body politic and corporate, umh r the name and style of The Southern 
 Manufacturing Company; and by that name, may contract and bo 
 contracted with, sue and be sued, plead aud be impleaded in all 
 
MANUFACTURING COMPANIES. 287 
 
 courts and places; have a common seal, and alter the same at 
 pleasure; and may make all necessary by-laws and regulations for 
 the government of the paid company, not inconsistent with the con- 
 stitution and laws of the state of Virginia. 
 
 : f 
 
 2. Said company shall have power to purchase and hold such real Real estate, &c 
 estate in the city of Richmond, (own of Manchester, or in the counties 
 
 of Henrico or Chesterfield, not exceeding twenty-five acres, and such 
 personal property as they may deem necessary and proper for carry- 
 ing on the manufacture of all kinds of small arms, ordnance, shot, 
 shell, eastings, machinery, and other manufactures composed wholly 
 or in part of iron ; and shall also have power to Bell or exchange and 
 convey their real estate and personal properly at their pleasure; and 
 they shall have power to contract with the .lames river and Kanawha 
 canal company or with any other parties for the use of water power, 
 if desired, for the purpose of driving the machinery for their manu- 
 factory. 
 
 3. The capital stock of the company shall not he less than ten Capital §tock 
 thousand dollars or more than five hundred thousand dollars, to be 
 
 divided into shares of one hundred dollars each; which may bo 
 subscribed and paid for in such manner as may he prescribed by said 
 company in their by-laws; and said shares may he transferred in 
 such manner as said company by its by-laws may direct. 
 
 4. The company shall have power in the case of purchasing any Stock may bo 
 real estate not exceeding the amount herein before named, or per- cbueofx£l 
 Bonal property necessary for the conducting and carrying on tluir ,stat0 
 business, to issue stock, to tin' extent of the cost of the same, to tho 
 
 parties from whom it may be purchased ; the same to form a part of 
 the capital stock as above provided for. 
 
 5. The said company shall have power and authority to appoint A pent* to 
 
 anacr afl 
 company 
 
 one or more of its members or other person or persons to manage J" f anas 
 
 and control and direct the business of said company, according to 
 the by-laws, rubs and regulations which may from time to time be 
 adopted by said company foi its government and the transact mn of 
 
 -; aud shall have all the ri^lit< and privileges conferred, 
 and be iibjed to all the restrictions and regulations prescribed by an 
 aet p. i ted the thirteenth day <>f February eighteen hundred and 
 thirtj seven, prescribing general regulations for the incorporation <>f 
 
 ring and mining companies, and laws amendatory thereof, 
 BO far as nol U ' with the j,r«.\ . .if. 
 
 C. This act shall be in force from it« passage. Comment 
 
288 
 
 MANUFACTURING COMPANIES. 
 
 Company 
 
 Ciiai*. '210. — An ACT to inc orp or a te the Virginia Steam Sugar Refitting 
 
 Company. 
 
 Passed January SB, 1PC1. 
 
 1. Bo it enacted by the general assembly of Virginia, that Charles 
 Y. Morris, together with such other persons as may hereafter be as- 
 soi iated with him, s-liall be and are hereby incorporated and made a 
 body corporate and politic, by the name and style of The Virginia 
 in Sugar Refining Company; for the purpose of refining and 
 manufacturing loaf, cut and refined coffee sugars, at Rooketts, near 
 James river in the county of Henrico; and are hereby invested with 
 all the rights and privileges conferred upon Buoh bodies politic and 
 corporate, and subject to all the restrictions and limitations contained 
 in the Code of Virginia, so far as the same arc applicable, and not 
 inconsistent with the rights and powers hereby conferred. 
 
 lock 2. The capital stock shall not be less than two hundred thousand 
 
 dollars and not more than three hundred and fifty thousand dollars, 
 to be divided into shares of one hundred dollars each : and it shall be 
 lawful for the commissioners herein after appointed to open books of 
 subscription for raising the said capital stock at such times and places 
 as they may del ignate. 
 
 Real ^tate 3. The said company shall have power to purchase, hold and pos- 
 
 sess land not exceeding ten acres at any one time. 
 
 i 4. Edward Wortham, Richard G-. Morris, Robert A. Lancaster, 
 Charles E. Wortham, Isaac Davenport, jr. and Robert P. Morris, or 
 any three of them, are hereby appointed commissioners to carry out 
 the provisions of this act. 
 
 Voted of 
 stockholders 
 
 5. Each stockholder shall be entitled to as many votes at any 
 meeting of the Stockholders as he may own shares in said company. 
 
 Commencement 6. This act shall he in force from its passage, and shall be subject 
 to amendment, alteration or modification, at the pleasure of the gene- 
 ral assembly. 
 
 Company 
 Incorporated 
 
 Chap. 211. — An ACT for the incorporation of the Kanawha Salt Company. 
 Passed March 30, 1861. 
 
 I. Be it enacted by the general assembly of Virginia, that John 
 D. Lewis, James M. Laidley, Benjamin II. Smith, John N. Clark- 
 son, James EL Fry, William R. Cox, William D. Shrewsbury, Henry 
 Chappell, or any or cither of them, and such other persons as may 
 
MANUFACTURING COMPANIES. 289 
 
 be associated with them, be and they are hereby constituted a body 
 politic and corporate, by the name and style of The Kanawha Salt 
 Company ; the capital stock of which shall nol bo less than two hun- Capital stock 
 dred thousand dollars nor more than one and a half millions of dol- 
 lars, for the purpose of manufacturing, baying and Belling sail : and 
 said company is hereby invested with all the rights, privileges and 
 powers conferred, and subject to all the duties and liabilities imposed 
 by chapters fifty-six and fifty-seven of the Code of Virginia, BO far 
 
 as the same arc consistent with the provisions hereof. 
 
 2. The stock of said company shall consist of salt property and Of what 
 Coal property, or in pari of cash and in part of such salt and coal 
 property. Such part of said capital stock, if any, as shnl! he snb- 
 scribed in cash, shall be paid in BUcb sums and at such period 
 
 shall he prescribed by the presidenl and directors of said company 
 after the same shall he organized : provided, that of the cash capital, 
 ten per centum thereof shall he paid at the time of subscribing. 
 
 3. Books of Subscription to said capital stock may be opened at !■ 
 Charleston in said county, under the superintendence of Alexander opened ' 
 T. Laidley, John M. Doddridge, Willi;!!!! .T. Sand, George M. Mor- 
 rison. William A. Whittaker and Thomas L. Broun, or any two of 
 them, at the office of the first named commissioner, and shall remain 
 
 open until the maximum capital stock shall be subscribed, or until 
 the same shall he closed by order of said president ami directors, 
 and after the minimum capital stick, as aforesaid, shall he sub- 
 scribed. 
 
 4. When subscriptions to said capital stock shall be made in salt Whea rampanjr 
 or coal property, the subscriber shall so indicate the same in general ponted 
 
 descriptive terms; and when such stock shall be subscribed in cash, 
 such subscription shall be so indicated in shares of one hundred dol- 
 ' uli- The subscribers and their legal representatives shall 
 stand incorporated when two hundred thousand dollars si, .ill be sub- 
 scribed in cash, or when salt property iii good working order, capa- 
 ble of manufacturing not h <m than five hundred thousand bushels of 
 
 salt per annum, combined with n© coal lands, shall be sub- 
 
 scribed by the owners thereof. And ;i~ toon tie reafb r as the slot meet- 
 
 bolder- may think proper, a general meeting maybe called att 
 
 BOWn oi Charleston for the organisation of said company, for the 
 
 adoption of ;i code of by-Liu.-, and for the election I ; Dl and 
 
 as many d .i\ think 
 
 proper. 
 
 ■ mpany shall have DOWer to purchase in he and to ha-. |v„, fr r,f 
 t.ir a !■ no • "T">y 
 
 vha and m neighbe > may 
 
 r with i coal land* 
 
 as may be dee m ed j and oow the 
 19 
 
2f>0 
 
 MANUFACTURING COMPANIES. 
 
 manufacture of salt ; and in payment for such salt ami coal property. 
 whether the same be purchased or leased by said company, or re- 
 ceived on subscription as part of the capital stock thereof, may issue 
 certificates of Btock in said company for the agreed value thereof, 
 or may execute the promissory notes of said company, and secure 
 the payment thereof by mortgage or deed of trust upon all or any 
 portion of their salt and coal property. Said company may also 
 borrow money not exceeding two hundred thousand dollars, and may 
 secure. the payment thereof by mortgage or trust as aforesaid upon 
 
 any of their real estate. 
 Commencement 6. Tills act shall he in force from its passage, and shall he subject 
 
 to repeal or modification, at the pleasure of the general assembly. 
 
 Art of 1856 
 ;iim-ndi<l 
 
 Company 
 incorporated 
 
 Chap. 212. — An ACT to amend an ad passed March 13, 1856, entitled an 
 act to amend an act passed February 26, 1856, to amend the Charter of 
 the New Creek Company of Hampshire County. 
 
 Pawed March 15, 1863. 
 
 1. Be it enacted by the general assembly, that the first section of 
 the act passed March the thirteenth, eighteen hundred and fifty-six, 
 entitled an act to amend an act passed February the twenty-fifth, 
 eighteen hundred and fifty-six, to amend the charter of the New 
 creek company of Hampshire county, be amended and re-enacted so 
 as to read as follows : 
 
 "§ 1. That Duff Green, Benjamin E. Green, dames 11. Hamilton 
 
 and Robert Lyon, or any three of them. may. at such time ami place 
 a> they may deem expedient, open hooks of Bubsoription for a new 
 company: and whenever four hundred shares, at the rate of fifty 
 dollars each, shall he subscribed, the shareholders may proceed to 
 organize said company by the election of as many directors as they 
 may deem necessary, nol exceeding seven in number, one of whom 
 shall be president ; and when so organized, the said company shall 
 
 be and is hereby made a body politic and corporate, under the name 
 
 and sh le of The New Creek Company; and shall have and possess 
 
 the same rights, powers and privileges as were heretofore granted to 
 
 i tlk' Union Potomac company ; and the president and directors may 
 
 Keeive additional subscription until the capital stock shall he made 
 up : and the Baid company is hereby authorized to increase the par 
 value of their present shares from ten to fifty dollars each, by con- 
 verting five shares of the present stock of ten dollars into one share." 
 
 Certain sections 2. Be it further enacted, that the second section of the said act of 
 repealed .March the thirteenth, eighteen hundred and fifty-six, be and the 
 
 same is hereby repealed. 
 
 Commencement 3. This act shall be in foroe from its passage. 
 
MINING AND MANUFACTURING COMPANIES. 'J01 
 
 CHAP. 213. — An ACT incorporating the Gilmer Oi] Mining and Manufac- 
 turing 1 Company in the County of Gilmer. 
 
 Passed February 12, 1861. 
 
 1. !>o it enacted by the general assembly, that Ifinter Jackson, company 
 Thomas M. Harris, and Bucb other persona as they may associate mcorpor ' 
 with them, shall be and arc hereby incorporated and made a body 
 politic and corporate, by the name of The Gilmer Oil and Manufac- 
 turing Company; for the purpose of mining for or manufacturing coal 
 
 oil or rock oil, oil, coal and other minerals: and they are hereby in- 
 v. Bted with the rights, powers and privileges, and subject to all the 
 rules, regulations and restrictions provided and prescribed in the 
 Code of Virginia, and any laws amendatory thereof, so far as the 
 same arc applicable to and not inconsistent with the powers and 
 rights herein granted. 
 
 2. The capital stuck of the said company shall not be less than Capital stock 
 fifty nor more than one hundred and fifty thousand dollars, to be di- 
 
 vided into shares of one hundred dollars each: and the said Minter 
 Jackson and Thomas M. Harris, and those whom they may associate 
 witli them, may open books of subscription to the capital stock at 
 Such time and place as they shall deem expedient: and they are Subscription*, 
 
 hereby authorized to receive subscriptions in land and personal pro- ° 
 perty, at such value as may be agreed Upon, and to fix and direct the 
 amount to be paid by each subscriber for stock, at the time of making 
 his subscription. In all general meetings <>f the stockholders of said 
 company, each stockholder shall have as many votes as he has shares. 
 
 '■'. The stockholders may elect not less than three nor more than President and 
 
 nrtorK 
 
 nine directors, who of their number may elect a president. The pre- Thel**" 
 
 sident ami directors shall have power to make by-laws for the man- 
 agement of the company \ to alter and amend the same : to appoint 
 and clerks, and discharge the same at pleasure; to borrow 
 money, not exceeding bv! any one time one hundred thousand doll 
 by the issue of coupon or other bomb, uofc - or bills of exchange, and 
 may secure she same by mortgage of the real or personal property of 
 the company. 
 
 ■1. The said company shall have the right to purchase, hold, w D p 
 and convey laud- in the counties of Gilmer, Calhoun, and the adjoin- 
 counties,!] ng twenty thousand acres at any one time. 
 
 5. It shall be lawful for said company to Construct rail road- "l r.ml rosdg 
 
 other madi npsny direct, from 
 
 any point or point- on tie lr am n lands, d< Id 1 r otherwise 
 
 any rail road or work ol improvement heretofore ><r hereafh r to 
 : acted in the i ounties <>f < \Uan r. < slhooo, or any of the adj 
 in- counties. With 1 icfa nil road Of internal improve- 
 
292 
 
 MIXING AND MANT'I A< TIRINC COMPANIES. 
 
 ment companies; and shall have power to construct such road or 
 roads upon tlic lands of persons oilier than those of the said com- 
 pany, With the consent of the owners of such land, or by contract 
 with such owner: and in case such consent cannot be obtained, then 
 the land M acquired for the right of way may be condemned in the 
 
 manner prescribed in the fifty-sixth chapter of the Code of Virginia. 
 
 how 
 ■ rred 
 
 G. The stock of the said company shall he transferable under nto| 
 regulations and restrictions as the president and directors may estab- 
 lish from time to time. 
 
 ciominencement 7. This act shall be in force from the time of its passage, and 
 shall be subject to amendment, alteration or modification, at the 
 pleasure of the general assembly. 
 
 Company 
 
 .nc^rfiorated 
 
 Agents, how 
 ippolnti i 
 
 Oupital stock 
 
 CiiAi*. 214. — An ACT to incorporate the Hughes' ('nek Oil and Coal 
 
 Company. 
 
 Passed January 31, 1861. 
 
 1. Be it enacted by the general assembly of Virginia, that James 
 G. Paxton, Robert C. Steele, Samuel Steele, Jacob Puller and John 
 D. Sterret, and their successors, are hereby created a body politic 
 and corporate, under the name and style of The Hughes' Creek Oil 
 and Coal Company ; and by that name, shall have perpetual succes- 
 sion ; may contract and be contracted with: sue and be sued, plead 
 ami be impleaded, in all courts and places : have a common seal, and 
 alter the name at pleasure; may make all necessary by-laws and 
 regulations for the government of the said company, not inconsistent 
 with the constitution and laws of the state of Virginia or of the 
 United States, except as herein after provided. 
 
 2. That said company shall have power and authority to appoint 
 one or more of its members, or other person or persons, to manage, 
 control and direct the business of said company, according to the by- 
 laws, rules and regulations which may from time to time be adopted 
 by said company for its government and the transaction of its busi- 
 ness; and shall have all the rights and privileges conferred, and be 
 subject to all the restrictions, rules and regulations prescribed by the 
 fifty-sixth, and fifty- seventh chapters of the Code of Virginia, except 
 the thirty-fifth section of chapter fifty-seven, and the laws anicnda- 
 torj thereof, so far as not inconsistent with the provisions hereof. 
 
 .'!. The capital stock of said company shall be two hundred and 
 fifty thousand dollars, with power to increase it seven hundred and 
 fifty thousand dollars more, to be divided into shares of one hundred 
 dollars each: which may be subscribed and paid for in such manner 
 
MINING AND MANUFACTURING COMPANIES. 203 
 
 as may be prescribed by said company in their by-laws ; and said 
 shares may be transferred in such manner as the said company by its 
 by-laws may direct. 
 
 4. Said company shall have, power to purchase and hold such real PoweYsof 
 estate in the counties of Kanawha and Payette, or either of them, Real estate 
 not exceeding ten thousand acres in quantity, and such personal pro- 
 perty as they may deem necessary and proper for carrying on the 
 mining of coal and transporting the same to market, and for the 
 manufacture of oil, iron or other minerals, the product of such real 
 estate. Said company shall have power to mine and transport to 
 market coal, iron or other minerals, the products of their lands; to 
 manufacture oil, iron or Other minerals, and also to manufacture lum- 
 ber ; and shall have power to sell and convey their real estate at 
 
 their pleasure ; and to the purposes aforesaid the business of said 
 company shall be confined. 
 
 5. Said company are hereby authorized to construct one or more Rail roads 
 rail roads, not exceeding ten miles in length, from any point on their 
 
 said land- to the Kanawha river; and to enable the said company to 
 carry out the provisions in this section contained, they are hereby 
 invested with all the rights, privileges and powers, and subjected to 
 all the limitations and restrictions contained in the Code of Virginia, 
 and the acts amendatory thereof, in relation to rail road companies, 
 so far as the same are applicable to, and not inconsistent with the 
 provisions of this act : provided the said company shall not have 
 power to invade or occupy the lands of others in the construction of 
 their said rail road, without the consent of the owners of said lands. 
 
 <i. This act shall be in force from its passage, and shall be subject Commencement 
 to modification, alteration or repeal, at the pleasure of the general 
 assembly. 
 
 Chap. 216. — An ACT to incorporate the Little Kanawha Mininp ami Manu- 
 facturing Company. 
 
 raogfd M:iifh 96, 1861. , 
 
 I. Be it enacted by the general anembly, that . Jonathan II npany 
 
 n. tt. <;. J. Botcher, C. s. Hurley, William W. Parker and Stafford 
 11. Parker, and such other persons as tiny i: ate with diem, 
 
 •hall he a corporation, the name whereof shall be The Little Kanawha 
 
 Mining and Manufacturing Company ; for the purpow of mining and 
 procuring coal and oil, and cutting timber in the counties of Gilmer, 
 
 Calhoun and Wirt, and manufacturing, transporting and selling the 
 
 The said persons may make, and the said compam 
 
 mbacriptioni in money, land and other property, in shan 
 
294 
 
 MINING AND MANUFACTURING COMPANIES. 
 
 hundred dollars each, to an amount nol exceeding one hundred thou- 
 Capitai stock sand dollar.*: whioh shall constitute a joint Btock for the purpose 
 aforesaid. The said company may hold lands to an amount not ex- 
 ceeding ten thousand dollars. 
 
 Cowmen 
 
 This act shall be in force from its passage. 
 
 Company 
 Incorporated 
 
 Chap. 216. — An ACT to incorporate the Silver Run Mining and Manufac- 
 turing Company. 
 
 i March 15, 1861. 
 
 1. Bo it enacted by the general assembly, that Cyrus Hall, An- 
 drew J. Core, William Patton, David McGregor and William II. 
 Douglas, and Buch other persons as they may associate with thou, 
 
 be a corporation, the name whereof shall he The Silver Run Mining 
 and Manufacturing Company ; for the purpose of mining coal, pro- 
 curing oil and cutting timber in the county of Ritchie, and manufac- 
 turing, transporting and selling the same. The said persons may 
 make, and the said company receive, subscriptions in money, land 
 and other property, in shares of one hundred dollars each, to an 
 amount not exceeding one hundred thousand dollars: which shall 
 constitute a joint stock for the purpose aforesaid. The said company 
 may hold land to an amount not exceeding ten thousand acres. 
 
 Commencement 2. This act shall commence and he in force from and after its 
 passage. 
 
 I lapital stock 
 
 i Company 
 Incorporated 
 
 ( ii u\ '217. — An ACT to incorporate the Coal and Oil Company of Braxton 
 County, Virginia. 
 
 Passed March 15, 1861. 
 
 1. Be it enacted by the general assembly, that William Bayne, 
 George W. Bhowacre, Charles Bayne, John S. Fisher and Patterson 
 Bayne, and such other persons as maj be hereafter associated with 
 them, shall be and they are hereby made a body politic and corpo- 
 rate, under the name and style of The Coal and Oil Company of 
 Braxton Count}', Virginia; for the purpose of mining for coal, manu- 
 facturing oil, iron and other minerals, metals and lumber; and they 
 are hereby invested with all the rights, powers and privileges con- 
 ferred, and made subject to all the rules, regulations and restrictions 
 imposed by the Code of Virginia, and any laws amendatory thereof, 
 so far as the same may be applicable to and not inconsistent with the 
 powers and rights herein granted. 
 
MINING AND MANUFACTURING COMPANIES. 295 
 
 2. The capital stock of said company shall not be less than fifty Capital stock 
 thousand dollars, to be divided into shares of ten dollars each; and 
 
 the said company may purchase and hold land in the county of 
 Braxton, not exceeding at any one time nine hundred and twenty- 
 five acres. 
 
 3. The said company may construct mi its lands one or more rail company may 
 roads lor the purpose of transmitting its products to market : pro- rai j s roa j K 
 Tided, that they shall not have power to construct such road or roads 
 
 through the land of any person without his consent, and that they 
 shall not lie entitled to charge freight or passage money for (lie trans- 
 portation of tonnage or passengers. 
 
 4. This act shall he in force from its passage, and shall he subject Commencement 
 to alteration, modification or repeal, at the pleasure of the general 
 
 assembly. 
 
 Chap. 218. — An ACT to incorporate the Old Dominion Mining and Manu- 
 facturing Company. 
 
 nd April 2, 1861. 
 
 1. Be it enacted by the general assembly, that George A. llamill. fnmpany 
 Israel Kobinson, and such others as may be hen after associated with 
 them, shall be and they are hereby incorporated and made a body 
 politic and corporate, under the name and style of The Old Dominion 
 Mining and Manufacturing Company ; for the purpose of mining coal 
 
 and iron ore. and for manufacturing iron, coal oil, candles. See. in 
 the county of Preston ; and are hereby invested with all the privi- 
 and powers conferred upon such bodies politic and corporate, 
 and subject 1m all the restrictions and limitations contained in the 
 Code of Virginia, in relation to such joint stock companies. 
 
 2. G L llamill, Tsrael Robinson, Magnus T. Bnodgrasa, OomntetaMn 
 Francis 11. Grupy ami William B. Hill an- hereby appointed com- 
 
 missioners, any three of whom may act, to open books of subscription 
 for the capital Btoch of the said company, at inch time and places as 
 tiny may appoint. 
 
 ::. The capital stock of the said company shall not be 1< vpitai stock 
 
 ten thousand dollars nor more than three hundred thousand do]' 
 to l.e .livid, d int.. shares of one hundred dollars or 5ve hundred dol- 
 nic.l mosl expedient by the said oommis- 
 
 .. majority of them : and the said company shall have the 
 rfghl to purchase and hold land n 
 
 I- I olders may eled MM less than five nor imrrr thtin rtniiiwi mi 
 
 nine directors, who of their number I 
 
296 
 
 MINING AND MANUFACTURING COMPANIES. 
 
 president and directors shall have power to make by-laws for the 
 management of the company; to alter and amend the same; to 
 appoint agents and olerkai and discharge the »ame at pleasure, in 
 all general or annual meetings of the company, each stockholder 
 
 shall have M many votes as he has shares. 
 
 romineu. • at ."». This act shall he in force from it- pat 
 
 l :i 'iy 
 
 ratrd 
 
 Caj.it al stock 
 
 Chap. 219. — An ACT i" incorporate the Springfield and Deep Ron Coal 
 Mining and Manufacturing Company. 
 
 Pun ! February IS, 1861. 
 
 1. licit enacted by the general assembly of Virginia, that Meredith 
 Bowland, Mark Downey, Benjamin Loder, George \Y. Smith and 1'. 
 P. Dickenson, and such other persons as may be hereafter associated 
 with them, be and they are hereby created and incorporated and 
 
 made a body politic and corporate, under the name and style of The 
 
 Springfield and Deep Ron Coal Mining and Manufacturing Company 
 
 of the County of Henrico; for the purpose of mining for coal, iron 
 and other ores, and manufacturing the same, and transporting the 
 same to market fr on the said county of Henrico; and they are hereby 
 invested with all the rights and privileges and powers conferred on 
 such bodies politic and corporate by the fifty-seventh chapter of the 
 Code of Virginia. 
 
 2. Be it further enacted, that the capital stock of said company 
 shall not he less than one hundred thousand dollars nor more than 
 one million of dollars, to he divided into shares of one hundred dol- 
 lars each; and the said company shall have authority to purchase 
 and hold lands not exceeding three thousand acres at any one time 
 in the county of Henrico, and may sell and convey the same, or lease 
 or encumber the same. 
 
 Powers of 
 ompany 
 
 Right to build 
 saw ml 
 
 Rail roadi 
 
 :{. Be it further enacted, that the said company shall have authority 
 to clear all timber from their lands, and transport the same to market; 
 to liuihl saw mills, boats, barges, steamers and sail vessels, and use 
 the same in connection with their mining business, and the trans- 
 portation of coal and other minerals and materials to market; to 
 construct a tram or rail road with the accessary ears and engines for 
 the same upon their lands, and from thence to the city of Richmond, 
 or any other port within the state of Virginia, or to connect their 
 said rail road with any other rail road or canal in the state of Virginia, 
 first having obtained the consent of the proper authorities of said rail 
 road or canal to make the said connection, for the purpose of such 
 General powers transportation, and for the use of the said company; and in general 
 to do and perform all acts and business of the company aforesaid, 
 
MINING AND MANURACTUBING COMPANIES. 297 
 
 which as an incorporated company hy tho laws of tliis state they may 
 do and perform; and 'that the said company shall have five yean 
 from and after the passage of this act to organize under its provisions. 
 
 4. This act shall he in force from its passage, and shall he sahjeol < nninicncoinent 
 to amendment, alteration or modification, at the pleasure <>! the gene- 
 ral assembly. 
 
 Cum 1 . 220. — An L( I incorporating the (Vilcrainc Mining and Manufac- 
 turing ( 'oiiijinny. 
 
 Paused March 20, 1861. 
 
 ■ nil ted by the general assembly as follows: 
 
 1. That Thomas L. Broun, Abraham I5iningcr, David Wagstaff Company 
 and .1. Eugene Hamlin, and such other persons as may hereafter he "" rl^ l" ,r •' , '' 
 
 Lated with them, shall be and they are hereby made a body 
 politic and corporate, by the name of The Coleraine Company; for 
 the purpose of mining and shipping coal and other minerals, and 
 manufacturing and sending to market the mineral, vegetable and 
 uiln r substances, products of their lands: and as such, shall be en- 
 titled to all the rights, powers and privileges, and be subject to all 
 the restrictions and regulations in relation to mining and manufac- 
 turing companies, contained iu the Code of Virginia of eighteen 
 hundred and forty-nine, and any laws amendatory thereof, excepting 
 where the same may be inconsi.-tent with this act. 
 
 2. The said company shall have the power to purchase and bold Powers of 
 lands in the counties of Boone and Kanawha, or in any new county '" mr ' any 
 
 mties hereafter created out of the same, not exceeding alto- 
 gether ten thousand SOTS! at any one lime; and they shall 1; 
 
 sell, mortgage and dispose of the same, or any part 
 thereof, when deemed necessary for the purposes of die company; 
 and it shall be lawful for the said company to construct upon their h 
 
 own lands Such rail roads as may be DOQOSSary, and to own Ittofa 
 boat-, barges ami flal boat- a- may lie required for 
 , larket the product! of their mines and factories. 
 
 n at the i I be two hundred ■ 
 
 and tilty thousand dollar id< d into shares of such fllffi j in i li 
 
 natioi ■ dicnt. not how * -han 
 
 twenty-five dollars each: ami when the mo of fifty thousand doUan ■ 
 -hall besubsoribed on the books, and actually paid in. or prnp< 
 paid, the company rations. 1 
 
 lent ami board of direct. .r- may from time to time offer fot 
 or subscription snob remaining portion of the capital hall 
 
 not have been pn 
 
 
298 
 
 MINING AND MANUFACTURING COMPANIES. 
 
 II "\\ book* 
 
 What mriv be 
 i in pay 
 
 llli lit «.f Ull)- 
 
 uriiitions 
 
 I 
 
 When and 
 when general 
 meeting to 
 bo held 
 
 President and 
 directors 
 
 they may deem advisable. Bui do certificate of stock shall be issued 
 
 until tin- same is fully paid f«>r. according t<> tin- terms of subscription. 
 
 4. Any three of the corporators named in this acl shall he autho- 
 rized to open hooks of subscription in the city of N'W York ami in 
 the town of Charleston. Kanawha county. Virginia; ami said books 
 of subscription shall continue open bo long as the said commissioners 
 may elect : due notice to he given for two weeks in one or more 
 newspapers published in the city of New York ami in Kanawha 
 county. Ami the said commissioners shall have power t" fix and 
 regulate the terms and manner in which the payments to said siih- 
 BOliption shall he made. The presidenl and board of directors are 
 
 hereby authorized to receive in payments for subscriptions to the 
 
 stock of this company, such lands, buildings and other property as 
 the}' or a majority of tliein may deem necessary for the purposes of 
 the company: and such lands and other property shall he converted 
 into and become part of the stock of said company, at the value 
 eed upon when the same shall he thus taken and received. 
 
 5. When the sum of fifty thousand dollars shall have been suh- 
 scrihed and paid for, or secured according to the terms of subscrip- 
 tion, the said commissioners shall designate the time and place for 
 the meeting of the said subscribers; at which meeting the said sub- 
 scribers, represented in person or by proxy, shall elect a president 
 and four directors, to constitute a hoard for the management of the 
 company's affairs, to continue in office for one year, or until their 
 successors are elected ami qualified. The board of directors shall 
 form a code of by-laws for the government of the affairs of the com- 
 pany, and alter and amend the same in such manner as therein pro- 
 vided. The president and two directors, or any three directors, in 
 the absence of the president, shall constitute a quorum for the trans- 
 action of business. There shall he an annual election of president 
 and directors at such time and place as the by-laws of said company 
 may ordain. 
 
 Annual meet- 
 ing! 
 
 G. An animal meeting of the stockholders of the company shall 
 be held in Kanawha county or Boone county on the second .Monday 
 of June of each and every year; at which time the president and 
 
 hoard of directors shall make a full report of the affairs of the com- 
 pany. Special meetings of stockholders, to he held in the state of 
 Virginia, may he called by the hoard of directors. At all elections 
 and all meetings of stockholders, each share shall entitle the holder 
 thereof to one vote, either in person or by proxy. 
 
 Office In New 
 York 
 
 7. The company may have an office in the city of New York as 
 well as in Boone and Kanawha counties, and may hold meetings of 
 directors, and keep transfer hooks and other hooks at any of said 
 places, as decided by their by-laws. Agencies for the sale of the 
 
4 
 MINING AND MANUFACTURING COMPANIES. 290 
 
 products of the company may be established at snob points as the 
 
 hoard of directors or the by-laws may determine. 
 
 8. This act shall he in force from its passage, and shall be subject Commanoemaal 
 to any amendment, alteration or modification, at the pleasure of the 
 general assembly. 
 
 Chap. 221. — An ACT incorporating the Maryland and Virginia Coal Oil 
 Company in the Comity of Taylor. 
 
 I March 5, 1861. 
 
 1. Be it enacted by the general assembly of Virginia, that Thomas Company 
 
 . .... incorporated 
 
 1). Sargent and au\- person or persons he may associate with him, 
 shall be and are hereby incorporated and made a body politic and 
 corporate, by the name of The Maryland and Virginia Coal oil Com- 
 pany : for the purpose of mining for coal, manufacturing oil, iron and 
 Other minerals, metals and lumber; and tiny are hereby invested 
 with the rights, powers and privileges, and subject to all the rules. 
 lations and restrictions provided and prescribed in the Code of 
 Virginia, and any laws amendatory thereof, so far as the same are 
 applicable to and not inconsistent with the powers and rights herein 
 granted. 
 
 2. The capital stock of said company shall not be less than fifty Capital stock 
 thousand dollars nor more than one million of dollars, to be divided 
 
 into shares of one hundred dollars each: and the said Sargent and Booka of tab 
 
 those associated with mm may open hooks of subscription to the 
 capital stock at such time and place Ot places as they shall deem ex- 
 pedient ; mid they are hereby authorised to receive subscriptions in 
 land and personal property, at such value a- may be agreed upon, and 
 to fix and direct the amount to be paid by each subscriber for sto< b 
 at the time of making his subscription. In all general meetings of 
 the stockholders of said company, each ftockholder shall bav< 
 
 many \otc- U he has -li;in I. 
 
 .''.. The Stockholders may elect Dot lets than five nor more than rroeioVnt and 
 nine directors, who of their number may elect their president. The 
 dent and d ball have power to make by-laws for the 
 
 ent of the company ; to alter and amend th< to ap- 
 
 ita and clerks, and discbarge the same at pl< dot- 
 
 row money, m ■< am one time en, hundred thousand 
 
 dollars, by the issue of coupon <>r other bond-, notes or bib- ol 
 Change : and ,1 01 per- 
 
 ry of the com] 
 
 •1. ! .isc. hold, Sell Baal tatata 
 
 and convey lands in th< county of 
 
 . 
 

 MINING AND MANUFA< TURING COMTANIES. 
 
 K;ui roadf •">■ It shall be lawful for said company to construct rail roads, or 
 
 other roads, strictly for the purposes of th<' company, from any point 
 or points on their own lands to any rail road or Other work or im- 
 provement heretofore constructed or hereafter to be constructed in 
 tin county of Taylor or the adjoining counties, with the consent of 
 such rail road or improvement company, and shall have power bo 
 construe! sdeh road or roads upon the lands of persons other than 
 those of said company, with the consent of the owner or owners of 
 such land.-, or hv contract with such owner or owners. 
 
 How stock 
 
 traii-fVrri-d 
 
 6. The Btockof the company shall be transferred under such reg»> 
 lations and restrictions as the president and directors may establish 
 
 from time to time. 
 
 Commencement 7. This act shall be in force from the time of its passage, and shall 
 subject to amendment, modification or alteration, at the. pleasure 
 of the general assembly. 
 
 Company 
 meorpontfed 
 
 Chap. 222. — An ACT to incorporate the Laurel Valley Coal and Oil Com- 
 pany in the Count v of Mason. 
 
 Paand March 15, 1861. 
 
 1. Be it enacted by the general assembly, that A. L. Knight, 
 George II. Patriok, W. W. Newman, Thomas Bale, and such other 
 persons as may hereafter he associated with them, shall he and they 
 
 are hereby made a body politic and corporate, under the name and 
 
 style' of The Laurel Valley Coal ami oil Company of the County of 
 Mason : for the purpose of mining for coal, manufacturing or boring 
 
 for oil, iron and other minerals and lumber; and they are hereby 
 invested with all tin rights and privileges conferred, and made sub- 
 ject to all the nihs, regulations ami restrictions imposed by the Code 
 of Virginia, and any laws amendatory thereof, so far as the same 
 may he applicable to. and not inconsistent with the powers and rights 
 herein granted. 
 
 .1 Htock 
 
 l.. ... 
 
 il. 'I'he capital stock of said company shall not he less than thirty 
 thousand dollars nor more than live hundred thousand dollars, to be 
 divided into shares of one hundred dollars each \ and the said com- 
 pany may purchase and hold lands in the county of Mason, not ex- 
 ceeding four thousand acres. 
 
 Rail roads ••• The said company may construct on their lands one or more 
 
 rail road or rail roads for the purpose of transporting its products to 
 market : provided, that they shall not have power to construct such 
 road or roads through the lands of any person without his consent : 
 
MINING AND MANUFACTURING COMPANIES. 301 
 
 and provided further, that they shall not be entitled to charge freight 
 or passage money for the transportation of tonnage or passengers. 
 
 4. This act shall be in force from its passage, and shall be snbjeot Oomtnenceawnt 
 to alteration, modification or repeal, at the pleasure of the general 
 assembly. 
 
 ('mm'. 2213. — An ACT to incorporate the Virginia Mineral oil and Coal 
 Company In the County of Mason. 
 
 rcb 12, IB6L 
 
 1. Be it enacted by the general assembly of Virginia, that R. C. Company 
 
 ° incorporated 
 
 M. Lovell, W. C. Starr, C W. Moredock, and such other persons as 
 may be hereafter associated with them, and their successors, are 
 hereby created a body politic and corporate, under the name and style 
 of The Virginia Mineral nil and Coal Company; and by that name, 
 shall have perpetual succession; and may contract and he contract* d 
 with; sue and be sued, plead and he impleaded in all courts and 
 places; have a common seal, and .alter the same at pleasure; may 
 make all m cessary by-laws and regulations for the government of 
 the company, not inconsistent with the constitution and laws of the 
 state of Virginia. 
 
 2. That said company shall have power and authority to appoint one ro«rr° 1 1 
 or nmre of its members, or other person or persons, to manage, control 
 
 and direct the business of said company, according to the hy-laws, 
 rule- and regulations which may from time to time he adopted by said 
 company fur jt> government and the transaction of its business; and 
 shall have all the rights and privileges conferred, and he subject to 
 all the restrictions, rules and regulations prescribed by the Gfty-sizth 
 and fifty-seventh chapters of the Code of Virginia, and the 1 
 amendatory thereof, not inconsistent with the provisii 
 
 le reof. 
 
 3. The capita] stock of said company shall he not less than two Capita 
 hundred thousand dollar* nor more than one million <.f dollars, i" be 
 
 divided in' f one thousand dollar-' each ; wbi< I 
 
 •Cribed Hid paid for in such manner as may he 
 
 ir bj -la? rred in 
 
 such manie its ly-hrvs may <! 
 
 1. That shall have power to hold nob real estate B*ai««ata 
 
 in the < 
 
 purchase or otl u. d 
 
 by them i proper for 
 
 refin ■ el shippii the minu 
 
HIKING AND MAMTu rURINQ COMPANIES. 
 
 RaiiroacU porting and vending of said ooal, with the privilege of erecting all 
 buildings, and constructing all roads, rail roads and other means of 
 transportation, upon their own lands, and Bach adjoining lands as 
 they may obtain the privilege of. 
 
 Time to p.rf. rt 5. Tin- said coin pany shall have five } cars to perfect tli' ir organi- 
 zation. 
 
 Commencement <». This ait shall be in force from its passage, and shall be subject 
 
 to anv alterations, modifications or amendments, at the pleasure of 
 the genera] assembly. 
 
 Art of IPfiO 
 aiw-nri'-d 
 
 ' 
 
 Real • 
 
 Chap. 884. — An ACT to amend an act entitled an act to incorporate the 
 Ma-. .n City Wining and Manufacturing Company in the County of Ma- 
 son, passed February 22d, I860. 
 
 Paned March LS, 1861. 
 
 1. Be it enacted by the genera] assembly, that in the first Bection 
 of the act passed February twenty-second, eighteen hundred and 
 sixtv. entitled an act to incorporate the Mason city mining and manu- 
 facturing company in the count} of Mason, the names of James II. 
 Payne and EL C. M. Lovell be Btrioken therefrom, and the names of 
 Blisha .Mack and Samuel Congdon be inserted therefor; and the 
 
 name and style of said company shall lie changed to that of IfasOD 
 
 ( Sty t loal Company. 
 
 2. Be it further enacted, that the maximum of said capital stock 
 Bhall be Changed so as tO read OOt more than six hundred thousand, 
 to be divided into shares of twenty-live dollars each; and the said 
 
 company shall have the righl to purchase and hold lands not exceed- 
 ing lour thousand acres at an] one time in said county, or more than 
 one thousand acres in any other county or state. 
 
 Oommeneement 3. This act shall be in force from its pa 
 
 Company 
 incorporated 
 
 Chap. 285. — An ACT to incorporate the Ambler Oil and Coal Company. 
 Paued January 31, L86 1 
 
 1. Be it enacted by the general assembly of Virginia, that Edward 
 
 ('. Marshall, .lames K . Marshall, .lames F. .(ones, James (',. J'axton 
 and Raleigh Colston, and their successors, arc hereby created a body 
 politic and corporate, under the name and style of The Ambler Oil 
 
MINING AND MANUFACTURING COMPANIES. 303 
 
 and Coal Company; and by that Dame, shall have perpetual sua i 
 sion : m;i\ contract and be contracted with; Bue and be sued, plead 
 and be impleaded in all courts and places; have a common seal, and 
 alter the same at pleasure; may make all necessary by-laws and 
 regulations for the government of said company, not inconsistent 
 with the constitution and laws of the state of Virginia <>r of the 
 United States, except as herein after provided. 
 
 'J. That said company shall have power and authority to appoint Power to 
 
 • appoint agents 
 
 one or more of its members or other person or persons to manage, 
 control and dinct the basinets of said company according # t<> the 
 by-laws, rules and regulations which may from time to time be 
 adopted by Baid company for its government and the transaction of 
 its business, and shall have all the rights and privileges conferred, 
 and be subject to all the restriction.-, rules and regulations prescribed 
 
 by the fifty-sixth and fifty-seventh chapters of the Code of Virginia, 
 except the thirty-fifth section of chapter iifty-seven, and the laws 
 amendatory thereof, ^o far as not inconsistent with the provisions 
 hereof. 
 
 ■'!. The Capital Stock Of Said company shall lie two hundred and Capital stock 
 fifty thousand dollars, with power to increase it seven hundred and 
 fitly thousand dollars, to he divided into shares of one hundred dol- 
 lar- each ; which may he subscribed and paid for in such manner as 
 may be pr< scribed by said company in their by-laws; and said shares 
 may be transferred in such manner as the said company by its by- 
 laws may direct. 
 
 1. Said company shall have power tO purchase and hold such real Roalehtate 
 nnty of Kanawha, not exceeding five thousand acn - 
 in quantity, and such personal property as they may deem necessary 
 and proper for carrying on the mining of coal and transporting the 
 
 :. and for the manufacture 'if oil. iron nr other mine- 
 ral.-, the product! of -ueh r«al estate. Baid company shall have Power of 
 
 1 transport to market coal, iron nr other minerals,"'™ 11 
 
 the products of their laud-: to manufacture oil, iron or other mine- 
 to manufacture lumber; and shall have power to sell 
 and oonvej their r> it their pl< .ml to the pnrpo 
 
 aforesaid 1 1 » « - business of laid company shall be confined. 
 
 r>. hereby authorised to ooi i: a n roadi 
 
 rail n point on their 
 
 to the k river; but the said company shall 
 
 have the right to oonstruot ■ rail mad through, the lands of ot 
 
 without their consent. 
 
 6. i ■ fleet from its passa 
 
 bly. 
 
304 
 
 MINING AM) MANUFACTURING COMPANIES. 
 
 Act. 
 
 aiii'i 
 
 Chap. 296. — An \< 1 tion of an act entitled an art to 
 
 incorporate tin- Springfield and Deep Run Coal Mining ami Manufac- 
 turing Company, passed th< 12th ol February 18 
 
 ' M;.rrh 16, 18G1. 
 
 l. Be it enacted l>y the general assembly, thai the first section of 
 tin- act entitled an art to Incorporate the Springfield and Deep ran 
 coal mining and manufacturing oompany, passed the twelfth day <>f 
 
 February eighteen hundred and sixty-one, be amended and re-enacted 
 
 SO H to read as follows : 
 
 Company 
 iccorj 
 
 "§ l. Be it enacted by the general assembly* of Virginia, that 
 Meredith llowland, Mark Downey, Benjamin Loder, George W". 
 Smith and P. P. Dickenson, and such other persona as may be here- 
 after associated with them, be and they are hereby created and 
 incorporated and made a body politic and corporate, under the name 
 and style of The Springfield and Peep Run Coal Mining and Manu- 
 facturing Company of the County of Henrico? for the purpose of 
 
 mining for COal, iron and ether ores, and manufacturing the same, 
 and transporting the same to market from the said county of Henrico; 
 
 and they are hereby invested with all the rights and privileges and 
 powers conferred on such bodies politic and corporate by the fifty- 
 sixth and fifty-seventh chapters of the Code of Virginia, and all 
 general laws of the commonwealth relating to incorporated com- 
 panies, now in force." 
 
 Commencement 2. This act shall 1)0 in force from its passage. 
 
 Chap. 227. — An ACT to incorporate the Payette Oil and Coal Company. 
 
 January 31, 1801. 
 
 1. Be it enacted by the general assembly of Virginia, that Jacob 
 incorporated y n \\,. v . James G. Paxton, William McLaughlin, Jamee R. Jordan 
 
 and John D. Sterret . and their successors, are hereby created a body 
 politic and corporate, under the name and style id' The Fayette Oil 
 and Coal Company; and by thai name, shall have perpetual succes- 
 sion; may contract ami be contracted with: sue and be BUed, plead 
 and be impleaded in all courts and places; have a common seal, and 
 alter the same at pleasure; may make all necessary by-laws and 
 
 regulations for the government of said company, not inconsistent with 
 
 the constitution and laws of the slate of Virginia or id' the United 
 States, except as herein after provided. 
 
 I 
 company 
 
 2. That said company shall have power and authority to appoint 
 one or more of its members or other person or persons to manage, 
 
MINING AND MANUFACTURING COMPANIES. 303 
 
 control and direct the business of paid company, according to tlio 
 by-laws, rules and regulations which may from time to time be 
 adopted by said company for its government and the transaction of 
 its business ; and shall have all the rights and privileges conferred, 
 and he subject to all the restrictions, rules and regulations prescribed 
 by the fifty-sixth and fifty-seventh chapters of the Cede of Virginia, 
 except the thirty-fifth section of chapter fifty-seven, and the laws 
 amendatory tin reef, so far as not inconsistent with the provisions 
 hereof. 
 
 •'?. The capital stock of said company shall be two hundred and Capital « I 
 fifty thousand dollars, with power to increase it five hundred thou- 
 sand dollars more, to lie divided into shares of One hundred dollars 
 each; which may he subscribed and paid tor ill such manner as may 
 he prescribed by said company in their by-laws; and said shares may 
 be transferred in such manner as the said company by its hydaws 
 maj- direct 
 
 4. Said company shall have power to purchase and hold such real u C al estate 
 i unties of Fayette and Kanawha, or either of them, 
 not ( tceeding five thousand acres in quantity, and such personal pro- 
 perty as they may deem necessary and proper for carrying on the 
 mining of coal, and transporting the same to market, and for the 
 manufacture of oil. iron and other minerals, the product of such real 
 estate, gaid company shall have power to mini" and transport to<-.. 
 market coal, iron and other minerals, the products of their lands; to powe " 
 manufacture oil. iron or other minerals, and also to manufacture 
 lumber; and shall have power to m 11 and convey their real e tate at 
 
 their pleasure: and to the purposes aforesaid the business of said 
 
 company shall be confined. 
 
 Said company i< hereby authorised to construct one or more s^t r , . 
 rail roads, not exceeding five miles in length, from any point on their 
 said 1 nawba ri\er; and t<> enable the said company to 
 
 out the provisions in til E h< H by 
 
 bed with all the rights, privileges and powers, and subjected to 
 «ll the limitatio • ontained in the Code of Virginia, 
 
 and the act- amendatory thereof, in relation to rail road oompai 
 ho far as the same are applicable to and nut inconsistent with the 
 of this act: provided the said company shall not ; 
 
 i to invadi , \ the land- ol oth< i 
 
 then- without til "1 the owners of %\ 
 
 1 shall be MDJeOl Ctmncsceowt 
 to alt. e of the gent ral 
 
 Mv. 
 
 20 
 
306 
 
 MINING AND ICTURING COMPAI 
 
 ' 
 
 Chap. 228. — An ACT for the in dngandManu- 
 
 1. Be it enacted by the general assembly, thai Ethelbert J. Hud- 
 son, William D. Pate, Madison Price, .Faun > W. McSh( fry and .Jo- 
 seph II. Barker, and Bnch other persona as may hereafter be asso- 
 ciated with them, be and they are hereby incorporated and made a 
 body politic, under the name and > i \ 1 < * of The Home Mining and 
 Manufacturing Company ; and by that name, may su< Bued, 
 
 and shall have perp< tual succession and a common 
 
 P :« of 
 
 company 
 
 r 
 property 
 
 2. Be it further enacted, thai for the purpose of mining coal, 
 and other mint rals, boring fur oil, and manufacturing salt and other 
 minerals, it shall be lawful for the said Home mining and manufac- 
 turing company to hold, by lease or in fee simple, lands in the coun- 
 ties of Boone and Kanawha, not exceeding in the aggregate six thou- 
 sand acres; and may convey the same by way of lease, mortgage, or 
 by deed in fee simple. The said company may acquire and hold per- 
 sonal properly, and may dispose of the same by assignment in trust 
 to secure payment of the debts of the company, or absolutely. 
 
 • tock 3. The capital stock of the said company shall not be less than 
 
 thirty-live thousand dollars nor more than two hundred and fifty 
 thousand dollars, to be divided into shares of fifty dollars each. 
 
 ■ to 
 exihtiug luwa 
 
 •J. The said company Bhall be Bubject to all the laws, rales and re- 
 gulations imposed, and entitled to all benefits conferred by the lifiy- 
 sixth and fifty-seventh chapters of the Code of Virginia, and all laws 
 amendatory thereof. 
 
 Commencement 5. This act shall be in lone from its pas- age. 
 
 Compi 
 incorporated 
 
 CHAP. 829. — An ACT to incorporate the Marion Magnetic Iron Company 
 Passed February 27, L861. 
 
 1. Be it enacted by the general assembly, that Abijah Thomas, W. 
 P. Hurst, W. A. . bines and Legrand Jeston, and such other persons 
 a- may lie hereafter associated with them, shall be and they are 
 hereby made a body politic and corporate, under the name and style 
 of The .Marion Magnetic Iron Company; for the purpose of mining 
 and manufacturing coal, iron and other minerals in the county of 
 Smyth: and they are hereby invested with all the rights and privi- 
 leges conferred, and made subject to all the rules, regulations and 
 restrictions imposed by the Code of Virginia, and laws amendatory 
 
MINING AND MANUFACTURING COMPANTJ 007 
 
 thereof, so far as the Batne arc applicable to, and not inconsistent 
 with the powers and rights herein granted. 
 
 2. That the capital Btoci of said company shall not be less than Capital stock 
 ten thousand dollars nor more than two hundred thousand dollars, to 
 
 be divided into shares of one hundred dollars cadi: and the said 
 company shall have the right to purchase and hold land 
 ing twenty thousand acres at any one tii 
 
 3. That the said company shall have power ai 
 
 point one or mere of i:s members or other person or persons to ma- ' 
 nage, control and direct the business of said company, according to 
 the by-laws, rules and regulations which may from time to time be 
 adopted by said company for its government and the transaction of 
 i fa busin ( 
 
 ■1. The said company may construct upon its own lands such rail ! ' 
 1 reads as may he necessary to transport to market the 
 products of its mines and manufactures: provided the said company 
 shall not have the power to construct such road or roads through thi 
 land of any person without his consent: and provided farther, that 
 said company Bhall not bi entitled to chat mey 
 
 on the transportation of tonnage or passengi 
 
 5. This act shall lie in force from its passage, and Bhall he Subject < ■ 
 
 to amendment, alteration or modification, at the pleasure of i 
 ral assembly. 
 
 —An ACT i • ini orpi I the Ca :•<:! Mining and Manufacta- 
 ' pany. 
 
 v I '. ; rfl S 
 
 I. Beit < n U & by the general assembly of Virginia, thai Jol i 
 Hopkins, J. Hanson Thomas, William I 
 
 I:. Will on. and such other ] with them or in their 
 
 tockholdi ,-ind 
 
 and they are | |y politic, 
 
 by the name and s t •> 1 < of t ring 
 
 1 tany : for the purpose of mil i 
 other niiu 
 
 1 defend 
 
 in aii 
 
 1 
 
 amend I at 
 
30S 
 
 MINING AND MANUFACTURING COMPANIES. 
 
 ■ 
 
 
 pleasure change or renew ■ common seal i and generally may do any 
 actor thing necessary to carry into effect the provisions of tliis net, 
 and to promote the design of the corporation; and said company 
 shall be entitled to all the rights and privileges conferred, and made 
 subject t<> all the rules, regulations and restrictions imposed by the 
 Code of Virginia, and laws amendatory thereof, in relation to mining 
 and manufacturing companies, except where in with the 
 
 provisions of this act. 
 
 •.'. And 1m- it enacted, that said corporation he and i a hereby em- 
 powered to procure, by mining therefor, or otherwise, oopptr and 
 Other metallic ores, and to smelt and prepare the same for manufac- 
 ture: and to manufacture the products of said copper and other 
 ores: and to vend said ores and products and manufactures at any 
 place or places, or transport and export the same for sale or other- 
 wise, and to have and hold, and improve for the purposes aforesaid of 
 the corporation, and to acquire, and to sell and dispose of any real 
 ■ in said counties, not exceeding in all twenty thousand acres, 
 or persona] property from time to time, as may be judged expedient. 
 The powers hereby granted to the company shall be construed to ex- 
 tend to any operations and transactions, whether the same he under- 
 taken and carried on in any part of the state of Virginia or in any 
 other state. 
 
 Capital stock & And be it enacted, that the capital stock of said corporation 
 
 sh,al] not exceed one million and a half of dollars, to he divided into 
 us of twenty-five dollars each, and to he subscribed for under 
 direction of the persons named in this act; and any person or por- 
 SWU may subscribe lands or mines, or mining rights, or privileges or 
 patent rights, or any other hind .if property, in place of a money 
 subscription to said stock; iu he received iii subscription as afoi I 
 at Bueh valuation as a majority of all the subscribers shall fix such 
 
 Subscriptions; subject however to become void, if satisfactory letters 
 or conveyances to the corporation be not made by such a period as 
 said corporation may direct alter its organization, and that said cor- 
 poration may be organized and go into its operations aforesaid on 
 having fifty thousand dollars thus subscribed and paid to its capital 
 stock, including the amount already paid in. 
 
 Affuirs of 
 aompa < 
 
 [I MM 
 
 1. And be it enacted, that the affairs of the corporation shall bo 
 managed and al! its powers aforesaid he exercised by a president and 
 six directors, to be chosen by the stockholders on a day to be fixed, 
 and on notice given by the persons, or a majority of them, under 
 whose direction subscriptions of stock shall be made as aforesaid; 
 which president and directors shall serve for one year from their said 
 election, or until others shall be chosen ; the president and directors 
 of the corporation being hereby empowered to pass by-laws, fixing 
 the periods of elections, and to make all regulations in regard to 
 
MINING AND MANUFACTURING COMPANIES. 309 
 
 them, and for any omission to elect at the period appointed ; and no 
 omission of that kind to operate as a dissolution of ; aid corporation* 
 
 ."». And be it enacted, tliat said president and directors, or a Authority of 
 majority of them, may do all acta necessary for the conducting of,V 
 the business and carrying out the objects of the corporation; and 
 may appoint and employ any agents Or Other persons by them deemed 
 necessary for accomplishing said objects; and may declare annual 
 or semi-annual dividends of profits, as ascertained by them. 
 
 6. And he it enacted, that this act shall not be construed to confer 
 on said corporation any banking powers, nor the right to issue any 
 bill or note in the form or Style of a hank note. 
 
 7. The office of the company may he kept and its general business Office. wh~re 
 transacted at such place, either within or without the limits of the 
 
 state of Virginia, as may from time to time he appointed or pre- 
 scribed by the by-laws, rules and regulations of the company; and 
 any and all meetings, either of the stockholders or of the president 
 and directors of the company, for the transaction of business of any 
 kind, may be held in like manner at any place, either within or 
 Without the limits of the said state, which may he so appointed <>r 
 prescribed from time to time. 
 
 8. This act shall he in force from and after its passage, and Common 
 ■abject to any alteration, modification or repeal, at the pleasure of 
 
 the legislature. 
 
 to incorporate tl « • k 1, end. Copper and Iron 
 
 D&Cturing I D the County of Tazewell. 
 
 I Marco LS 
 
 1. Be it enacted by the general Asembly, that A. .T. Nye, N. B. < mpway 
 French. E. '■. Boothe, H. W. Dills, William 0. Yost William P. 
 
 1 ly hereafter 1" ,] \\ ill, (hem, 
 
 shall he and are hereby incorporated and made a body politic, nmhr 
 
 aame and style of Tfa I Creek Lead, Copper and [ran M.v 
 nuiaoturiog Company, for the purpose of manufacturing lead, iron 
 and copper. And they are hereby invested with all the rights, 
 d privileges conferred on inch bodies politic and i 
 
 l.y the ac t < nt;: « the in- 
 
 i of mini i d \> b- 
 
 n hundred and tl,. 
 
 •look 
 
 hundred thousand <! 
 
310 HIKING A\H MANUFA< COMPA1 
 
 dollars each, and not more than tiro hundred and fifty thousand dol- 
 i. Ian; and hold in fee, enjoy and use or let lands in the county of 
 
 ■ dc or more pan md a 
 
 Comi. ■'!. This a< I shall be in force from its ; 
 
 Chap. 235?. — A 
 
 , n y 1. Be il mbly of Virginia, that H. J. 
 
 ^ Samuels, W. ('. Miller, Albert Laidley, W. c. Rogers, J I. II. Miller, 
 II. C. . me Shelton, and such other persons as may here- 
 
 after be associated with them, be and they arc hereby incorpt 
 and made a body politic and corporate, under the name and Btyle of 
 'I'lic Cabell Petroleum Company; for the purpose of mining, boring, 
 pumping and extracting from the earth carbon and rink oil, .-alt 
 water and other volatile substances, in the counties of Calx II Logan 
 and Wayne : and they arc hereby invested with all the rights, po 
 and privileges conferred, and made Bubject to all the rules, regula- 
 te and restrictions imposed by the Code of Virginia, in relation to 
 ■!; compani 
 
 2. The - ' '•■ . i] ay : . il di than 
 
 twenty-five thousand dollars nor more than one hundred the 
 dollar:, to l.c divid ' ires of one hundred dollars each; and 
 
 the said company shall have pow< r to hold land in the counties afore- 
 said not exceeding in all ten thousand a 
 
 Rail roL . ,*c :{ - I f shall be lawful for the Baid company t.> construcl such rail 
 roads on their lands as may be i i For the transportation of 
 
 the produce thereof to market: provided they do not invade the 
 lands of others without the consent of the owners thereof: and pro- 
 vided farther, that the Baid company shall not he entitled to charge 
 freight or passage money on the transportation of tonna; 
 gers. 
 
 ,,t 4. This act shall he in foroe IVoni its passage, and shall he BUbjeCt 
 to alteration, modification or repeal, at the pleasure nf the general 
 
 mbly. 
 
 Chap. 233.— An ACT for the relief of Enoch Adkins of the County of Giles. 
 
 Passc.l .Miircli 85, 1861. 
 
 AtoMmt of '• Be it enact* d by the genera] assembly, that tin second auditor 
 
 SmhI^ *°d he is hereby authorized and required to issue his warrant on 
 
PEIVILEGE8, ETC. 311 
 
 the treasury, payable out of any funds therein to the credit of the 
 Literary fund, and not otherwise appropriated, in favor (if Enoob 
 Adkins, or his legal representative, for the sum of fifty dollars; 
 amount of a forfeited recognizance paid by him into the treasury. 
 
 2. This act shall be in force from its passage. Comment. M 
 
 Chap. 234. — An ACT for the payment of a sum of money to James W. 
 Jones, Jailor of Frederick County. 
 
 d April 3, 
 
 1. Be it eua< b d by the general assembly, that tlie auditor of pub- Amount 
 
 lie accounts be and he is hereby directed to issue his warrant on the 
 
 ury in favor of James W. .Tones, jailor of Frederick county, or 
 lii s legal representative, for the sum of one hundred and twenty-three 
 dollars and five cents, payable out of any money therein not other- 
 wise appropriated; the same being the amount of his account for the 
 
 maintenance of Lewis I'ritehard, a lunatic. 
 
 2. hall be in force from its passage. Comm«r.. 
 
 ( hap. 235. — An ACT for tin- relief of T>< reread J. Packard. 
 binary 27, :■ 
 
 l. Be it enacted by the general assembly, that the auditor of pub- Amonm of tax 
 lie accounts be and is hereby authorized and directed to issue his 
 warrant 00 the treasury, payable out of any money not other. 
 ap] ropriated, in favor of the Reverend J. Packard, for fifteen dollars, 
 a of tax improperly paid by him for the year eighfa en 
 hundn fty-eight, upon his salary as one of the professors at 
 
 the 'I'ln ol inary of Virginia. 
 
 J. ] ige. 
 
 Csup. 236 —A 
 
 " 
 
 I. Be fcthe auditor of pub- ' 
 
 lie Si 
 
 at on tin not 
 
312 PRIVILEGES, ETC. 
 
 Otherwise appropriated, fur the sum of thirteen hundred dollars, in 
 favor of David L. Hopkins and Samuel J. Campbell of Rockbridge 
 county, or their legal representatives ; said sum being the amount of 
 tax on collateral inheritance erroneously assessed and paid by them 
 into the treasury. 
 
 Commencement 2. This act shall be in force from its passage. 
 
 Chap. 237. — An ACT refunding b License Tax to Tiinl A. Farley of the 
 County of Lunenburg. 
 
 Passed February 27, 1861. 
 Amount 1. Be it enacted by the general assembly, that the auditor of 
 
 appropriated , . , " . . , , ,". ., 
 
 public accounts is hereby authorized to issue his warrant on the trea- 
 sury, payable OVt of any money therein not otherwise appropriated, 
 in favor of Paul A. Farley of the county of Lunenburg, or his legal 
 representative, for the sum of ninety-six dollars; being amount of 
 license tax paid by said Farley, which license was never used on 
 account of his continued sickness. 
 
 Commencement 2. This act shall be in force from its passage. 
 
 ( sap. 238. — An ACT refunding to Matthew Wamsley, jr. of the County 
 of Randolph a certain amounl of Money erroneously paid by him. 
 
 Pawed February 27, 18C1. 
 
 Amount 1. Be it enacted by the general assembly, that the auditor of 
 
 public accounts is hereby authorized to issue bis warrant on the 
 treasury, payable out of any money therein not Otherwise appropri- 
 ated, in favor of Matthew Wamsley, jr. of the county of Randolph, 
 or his legal representative, for the sum of sixteen dollars; being 
 amount of taxes erroneously paid on a tract of land for the years 
 eighteen hundred and fifty-seven and eighteen hundred and fifty-eight. 
 
 Commencement 2. This act shall be in force from its passage. 
 
 ( hap. 239.— An ACT for the relict' of Nathaniel B. Harvey. 
 
 Passed Manli 30, 1861. 
 
 Amount 1. Be it enacted by the general assembly, that the auditor of 
 
 appropriated p U j,jj c accoun ts be and he is hereby authorized to issue his warrant 
 
PRIVILEGES, ETC. 313 
 
 upon the treasury in favor of Nathaniel B. Harvey, or his legal 
 representatives, for sixteen dollars and thirty-two cents; on account 
 of land tax which had been improperly assessed to him in the county 
 of Franklin. 
 
 2. This act shall he in force from its passage. Commencement 
 
 Chap. 240.— An ACT for tlio relief of .Tamos Scott of Greenbrier County. 
 Passed February 27, lt>6l. 
 'l. Be it enacted by the ceneral assembly, that the auditor of Amount 
 
 ° " appropriated 
 
 public accounts be and he is hereby required to issue his warrant on 
 the treasury, payable nut of any money therein not otherwise appro- 
 priated, in favor of James Scott of Greenbrier county, or his legal 
 representative, tor the sum of seventy-one dollars and four cents; 
 being the amount of taxes improperly paid by him into the treasury. 
 
 2. This act shall be in force from its passage. Commencement 
 
 Chap. 211. — An ACT for the relief of James J. Spaulding. 
 
 Pi 1 April 1. U 
 
 1. Be it enacted bv the general assemblv. that the auditor of Amount 
 
 * i , appropriated 
 
 public accounts be and he is hereby authorized and required to ISSOC 
 his warrant on the treasury, payable out of any money therein not 
 otherwise appropriated, in favor of James J. Spaulding, or his legal 
 representatives, for the sum of fifty-four dollars: that being the 
 amount paid by said Spaulding for a license tax. which license was 
 not iimiI. 
 
 2. This a< 1 shall be in forc< from go. Commencement 
 
 (mm- 243.— An A('T for the relief of Angus M V* i 
 
 ■■ h 4, 1861. 
 
 l. B • <1 bv th< general assembly, that the auditor ofAmonnt 
 
 ... , , , . , . •'■: 
 
 public accounts be requin •■ bis warrant on tin treasury in 
 
 ■'. for the sum of sixty dollars and seventy- 
 
 1 1 i_r 1 1 1 cents; 1» log the aipenal of taxes < ; aid by him t>> 
 
 the sin nil' of Hardy < minty. 
 
 '-'. from it* paper-..- roencemeot 
 
314 PEN . ETC. 
 
 OHAP. 343.— An ACT refunding to W. II. Morton, sen. a sum of money 
 
 • of land. 
 
 Passed April 3, , 
 
 1. Be it enacted by tin- general assembly, that the auditor <>f 
 mppropnat public accounts lie and lie i> hereby authorized ami directed t<> issue 
 
 his warrant on the treasury, payable out of any money therein not 
 otherwise appropriated, in Favor of William II. Morton, Benior, of 
 the county of Mecklenburg, or his legal representative, for*the sum 
 of forty dollars and one Oenl : being amount paid by said Morion on 
 
 erroni out t1 of land. 
 
 2. This act shall be in Force from its passage. 
 
 Chap. 244.— An ACT fur the relief of E. X. Eubank, Commissioner of the 
 mm for the ' !ity of l.\ uchburg. 
 
 Pa - ■! April l. 186L 
 
 Amount l. Be it enacted by the general assembly, that the auditor of pub- 
 
 appropnatrd y ic ;K . ( . (mnts ]„, illl( | ] 1( . j s hereby direct* d to issue his warrant an the 
 treasury, payable out of any money therein not otherwise appropri- 
 ated, in favor of E. X. Eubank, commissioner of the revenue for the 
 city id' Lynchburg, or his legal representative, for the sum bf Four 
 bun. lit d and twelve dollars and Forty-eight cents; that sum being 
 the amount of compensation withheld from the .aid Eubank on ao- 
 count of his failure to return his commissioner's books to the proper 
 officers in the time prescribed by law. 
 
 Commencement '-!. This act shall be in force from its passage. 
 
 Chap. 245.— An ACT for tin' relief of George W. Tucker of Halifax County. 
 
 a March 1 I. 
 
 Amount 1. He if enacted by the general assembly, that the auditor of pub- 
 
 approprmteJ j. q accounts be and is hereby required to issue his warrant on the 
 
 treasury, payable out of any money therein not otherwise appropri- 
 ated, in Favor of George W. Tucker of Halifax county, For the sum 
 of sixty dollars and thirty-seven cents; amount of taxes erroneously 
 paid by him into the treasury. 
 
 Commc-necment 2. This aet shall be in force from its passage. 
 
PRIVILEGES, ETC. 31-5 
 
 Chap. 246.— An ACT for the relief of Edward Johnson of the County of 
 
 I March 18, 186L 
 
 1. Be it enacted by the general assembly, that the auditor of Amount 
 public accounts be and he is hereby authorized and directed to issue Bpprop 
 his warrant on the treasury, payable out of any money therein not 
 otherwise appropriated, in favor of Edward Johnson, a citizen of 
 Giles county, or his legal representatives, for the sum of thirty dol- 
 lars and Gfty-one cents; being the amount of land tax erroneously 
 
 paid by him. 
 
 2. This act shall he in force from its passage. Common- 
 
 Chap. 247. — An ACT to release John W. Mnrrell from the payment of a 
 
 nit Court of Lyn inst him. 
 
 1 March 30, 186L 
 
 1. Be i; enact* d by the general assembly, that the judgment reco- Kiucg released 
 vcred against John W. Murrell, in favor of the commonwealth of 
 Virginia, in the circuit court for the corporation of Lynchburg, at 
 
 tin- June :■ rm of said court, in the year eighteen hundred and h'fty- 
 ■ii of twenty-five hundred dollars, he and the same 
 is hereby released) less the costs incurred by the commonwealth in 
 irt and the court of appeals. 
 
 2. This act shall he in force from its passage. Coinracnccmfnt 
 
 the relief of j, » pfa W. B 
 ■ 
 
 1. B ■ mbly, that the auditor ■ 
 
 •< by authorized and din 
 ble out of any money thi 
 otherwise appn 1 favor of Joseph W. Harper, for the 
 
 tount of tax paid bj 
 
 a mcrchai in 
 
 l by tlio 
 J 
 
 i< fund thl 
 
 2. i « .. 
 
I1G 
 
 PRIVILEGES, ETC. 
 
 Chap. 849. — An ting the payment of certain interest to Emmet 
 
 J. O'Brien. 
 
 Ammi 
 p.ii.l out <.f 
 In!, rnal ini- 
 
 I. Be if enacted by the genera] assembly, thai the second auditor 
 is hereby directed to issue his warrant on the treasury, payable <>ut 
 •a fund f anv mone y therein to the oredit of the Fund for internal improve- 
 ment, in favor of Emmet J. O'Brien, or his legal assignee, for one 
 hundred and fifty-five dollars and twenty-one cents: being the amount 
 of interest due on a sum of money due to said O'Brien, and omitted 
 to he paid to him. 
 
 Commencement 2. This act shall be in forCC from its paSSBge. 
 
 Amount 
 appropriated 
 
 Chap. 250. — An ACT refunding to Lynn and Compton a license tax 
 improperly collected of them. 
 
 1 March 18, 1861. 
 
 1. Be it enacted by the general assembly, that the auditor of pub- 
 lic accounts be and he is hereby authorized and direoted to iasne his 
 warrant on the treasury, payable out of any money not otherwise ap-' 
 propriated, in favor of L. P. Lynn and Compton of the county 
 
 of Prince William, or their Legal representatives, for the sum of forty 
 dollars: being the amount of tax improperly ai ainst and 
 
 paid by them, the said Lynn and Compton : provided, however, that 
 the amount aforesaid shall not he paid until the said amount shall be 
 paid into the treasury by the said sheriff or his sun 
 
 Commencement 2. This act shall be in force from its passage. 
 
 I 
 
 Amount 
 appropriated 
 
 Chap. 251.— -An ACT for the relief of Benjamin S. Reynolds of Harrison 
 
 ( 'mint v. 
 Passed March 13, 1661. 
 
 1. Be it enacted by the general assembly, that the auditor of 
 
 public accounts tl hereby directed to issue his warrant upon the 
 
 treasury, payable out of any money therein not otherwise appropri- 
 ated, in favor of Benjamin S. Reynolds, or his legal assignee, for the 
 ram of seventeen dollars and forty-live cents; the same being the 
 amount of tax erroneously assessed upon and paid by him for the 
 year eighteen hundred and fifty-eight. 
 
 Commencement 2. This act shall be iii force from its passage. 
 
PRIVILEGES, ETC. 317 
 
 Chap. 'J. r >'2. — An ACT refanding to Mrs. Lucy Holland a sum of money 
 paid on erroneous assessment 
 
 Passed March 9, 18 il. 
 
 1. Be it enacted by the genera] assembly, that, the auditor of pub- Amount 
 lie accounts lie and he is hereby required to issue his warrant on the 
 treasury, payable out of any money therein not otherwise appro- 
 priated, in favor of Lucy Holland of Fluvanna county, or her legal 
 representative, for the sum of thirty-three dollars and seven cents; 
 being the amount of taxes improperly paid by her into the public 
 treasury. 
 
 2. This act shall be in force from its passage. Commencement 
 
 IP. ',::>:>.— An ACT for the relief of Charles A. Ilogc and James 
 rave. 
 
 Passed March 10, 18C1. 
 
 1. Be it enacted by the general assembly, that it shall be lawful rtc.i^cssmcnt 
 for (i.iiihs A. Hoge and .lames Afusgrave, assessed with a tract of authorised 
 five thousand acres of land in the county of Wetzel, to apply to the 
 of said county, within six months from the passage of this act, 
 to have the assessment of said land corrected: provided, that before 
 makii pplication, they give notice to thi ami the 
 
 attorney of the commonwealth for said county, and that they shall be 
 suljei ! to nil i] his. and be governed by all the provisions 
 
 of thi '1 the tenth of March, eighteen hundred and fifty-six, 
 
 ir as the same may 1"' inconsistent with the provisions 
 of tl 1 shall also incur and pay all lej ittending 
 
 application tion: and provided also, that the action of saidn uwrmnt 
 
 court, in consid< ring the subject, or granting any relief herein pr ,t value 
 
 vided for, shall be 1 aid upon and governed by what in the opinion 
 of the curt, was the true value of the. land at the time the assess- 
 ment ol BUcfa land was made. 
 
 I nt made under the pro\ i 
 !, by the commissioner of the revenue . 
 
 ' '"°° u 
 rin d 
 
 by tie tj to the auditor of pul 
 
 such r:ff of ta. ■ 
 
 tor. 
 
 , its passage. CommcBccacal 
 
316 PRIVILEGES, ETC. 
 
 CHAP. 254. — An ACT to refill I II and Daniel !'■ 
 
 I by them into the Treasur laud 
 
 in Roane Cow 
 
 I. Be il I by the ■ bly, that the auditor of 
 
 public accounts be and is hereby authorized and directed to issue his 
 
 warrant on the treasury, in favor of J I 11 of Kanawha 
 
 ty and Daniel Polsley of Ma on county, jointly, for the sum of 
 
 two hundred and ninety dollars and forty cento, payable out i 
 
 Erroncons money in thi otherwise appropriated; bubo 
 
 being the amount of tax <>n a tract of land in ! inty for the 
 
 year - hundred and fiftj ■litem hundred and fifty- 
 
 i and eighteen hundred and fifty-nine, errom 
 
 . I anell and Daniel Polsley, and by them 
 paid into ary. 
 
 comrr.rr.ccm.:.t 2. This at I Bhall be in force from its passage. 
 
 Chap. 255. — An ACT all< to Parsha A. Fowlki 
 
 .1 ieph C. Fowlkes, for the arrest of three Convicts escaped from thi Jail 
 Lunenburg County. 
 
 i 1 March 1C, 1861. 
 
 Amount I. Be it enacted by the general assembly, that the auditor of 
 
 public accounts be and he is hereby authorized I arrant 
 
 on the treasury, payable oul <>f any money therein not oth< rwise ap- 
 propriated, in favor of Parsha A. Fowlkes and Joseph ('. Fowlkes 
 of the county of Nottoway, or their legal representatives, for the 
 
 sum of One hundred dollars; the said sum being compensation for 
 
 the arrest of three slaves, Dick, .John and Collin, who were con- 
 ned to be hung by the county court of Lunenburg county, and 
 who had escaped from the jail of said county. 
 
 at 2. This act shall be in force from its passage. 
 
 Chap. 256— -An ACT authorizing the Circuit Courl of Amelia County to 
 make allowance to certain children of William II. \\ ilson, a lunatic 
 
 P n il April l, L86L 
 
 Circni . , I. Beit < nacted by the general assembly, that the circuit court of 
 
 Luowanee " tli: ' ( ' l,u,lt . v of Amelia, on the petition of the adult children of William 
 JL Wilson of Amelia county, or any of them (which said Wilson is 
 a lunatic, and confined in one of the lunatic asylums of the state). 
 
PBTVILEGE8, ETC. filO 
 
 inny make a reasonable allowance for the maintenance of such peti- 
 tion! r or petitioners) and order the amount to be paid by the com- 
 mittee of said lunatic out of such portion of bis < Btatc, or the profits 
 thereof, aa may In- legally applied thereto: provided, that ten days' Notice to 
 notice of such intended application shall be given to George II." 
 Matthews, the committee of said lunatic, and that nn allowance shall 
 be made whereby the wife and minor children of the said lunatic 
 shall b( deprived of a maintenance: and provided farther, that this \b to wife sod 
 ill not be construed as an interpretation of the forty-fifth No°°tototerp«t 
 
 section of chapter eighty-five of the Code. J."' 1 '"! 1 f ? rt 7 
 
 L O J ||\ c of clmjilr r 
 
 e of 
 2. This act shall he in force from its passage. , r „ nt 
 
 Chap. 257. — An '■ <u and Ad,n,:,s of a 
 
 done on iii i uinpike. 
 
 TassMl February 1^, 1861. 
 
 1 . Be it enacted by the g< d< ral assembly, that the second auditor Amount 
 be and he is hereby authorized and dire nranl on '' ''' ' 
 the treasury, payable oul of any money therein net otherwise appro- 
 
 d, i" the credit of the Board of public works, in favor of Scott 
 
 and Adams, for the sum of three thousand nine hundred and sixty- 
 dollars and fiftj • thereon from the fii 
 
 day of January eighteen hundred and Gfty-six; the same being for 
 by them on the Southwestern turnpike, underacont 
 
 with the. Board of public works, and lor which a judgment 1 ■ismmt iia<i 
 
 i ered. 
 
 2. i hall he in force fro; _-e. Comm.iir.monl 
 
 I 
 
 I. Be by i bly, that the auditor of pub- An 
 
 I 
 
 i ..oiiueah!'. , 
 
 ■ 
 
 I 
 
 the an. 
 
 I 
 
320 PRIYILBQE8, BTC 
 
 Chap. 869.— An ACT for the relief of Jobs W. G. Smith of Rockingfcaao 
 
 County. 
 
 PasKc.l January 
 
 Amount 1. I5e it enact* J by the general assembly, that the auditor of 
 
 pnbtie aeooonta be and he ia hereby authorised and din i ted to issue 
 his warrant on the treasury, payable out of any money therein not 
 otherwise appropriated, in favor of John W. G. Smith of Rooking- 
 
 Erroneous tax ham county, for the sum of twenty-nine dollars and forty eeiits; the 
 same being the amount of tax on bonds for the year eighteen hun- 
 dred and fifty-eight, erroneously u-M-.-sed mi said Smith, and paid by 
 him into the treasury. 
 
 Commencement 2. This ait shall be in force from its passage. 
 
 Chap. 2G0.— An ACT for the relief of Patrick II. Scott of Halifax County. 
 
 Passed January 83, 1861. 
 
 Amonnt 1. Be it enacted by the general assembly, that the auditor of 
 
 appropriate public accounts be authorized and directed to issue bis warrant mi 
 the treasury, payable out of any money in the treasury not other- 
 wise appropriated, in favor of Patrick II. Scott, or his legal repre- 
 sentative, for the sum of Dine dollars; the same being the amount 
 erroneously assessed on the ferry of said Scott, and paid by him into 
 the treasury. 
 
 Commencement 2. This act shall be in force from its passage. 
 
 Chap. 261. — An ACT for the relief of Thomas Javins of Fairfax County. 
 TasBed January SS 
 
 Amonnt 1. Be it enacted by the general assembly, that the second auditor 
 
 appropri;n..i ^ e ;(||( j ^ ^ j,,.,.,.],^. required to pay out of any money of the. Literary 
 fund not otherwise appropriated, to Thomas .lavins, or his assigns, 
 the. sum of three hundred and forty dollars, with legal interest 
 thereon from the third of .lane eighteen hundred and iifty-four, and 
 How doo fifteen dollars and eleven cents costs of suit ; that being the amount 
 
 paid by the said . lavins for a lot id' laud sold by the. commonwealth 
 as escheated land, which lot of land was recovered of the said 
 Javins by Hannah Butler, in a suit in the circuit court of Alexan- 
 dria county. 
 
 Commencement »• This a ct "ball be in force from its passage. 
 
PRIVILEGES, ETC. 321 
 
 Chap. 262. — An ACT for the relief of Benjamin and I- a* of 
 
 Morgan ( lounty. 
 
 1. Be if enacted by the general assembly, that the auditor ofAmoani 
 public aooounta be and he ia hereby authorized to issue his warrant * 
 on the treasury, payable out of any money therein not otherwise 
 appropriated, in favor of Benjamin and [saac Deford*, or their legal 
 representatives, for the sum of thirty- three dollars and sixty cents; 
 being the amount of the tax paid on an erroneou lent of I « = t i 
 
 numbered our hundred and seven in tin' town of Bath in the county M 
 of Morgan. The county oourt of Morgan county is hereby autho- count] 
 rizcil to correct tin 1 erroneous assessment aforesaid. " , ,,'„ r „, 
 
 This act Shall bo in force from if* passage. Comment* 
 
 Chap. 963. — An ACT authorizing the payment <>f the amount of a l<.-t 
 I oupon to James ('. McQuire A Co. 
 
 I Marco L9, 1861. 
 
 1. Be it enacted by the general assembly, that upon due ami sati - Lnditorto 
 factory evidence being given to the second auditor of the 1<>.-s of ;i'""" v 
 coupon numbered eleven thousand live hundred ami twenty of the 
 bonds of the state, payable in eighteen hundred* and ninety-thj 
 the property of Jam< aire & Co., the said auditor shall issue 
 
 In- warrant on the treasury, payable nut of any money therein to the 
 
 Credit of the Sinking fund, lor the mm of thirty dollars: provided, Amount 
 
 that before the said warrant shall he issued, the said James <'. Mc- 
 Gruire A Co. -hall file in the office of the :-((ond auditor a b i 
 dth. with one or more sufficient securit 
 
 ■ nt in the commonwealth, conditioned to indemnify the com- " 
 monwealtb and all p< 
 
 int. 
 
 hall he in fore- 
 
 
 
 "• ink of Vh 
 
 by it- I !i Imn- 
 
322 
 
 PRIVILEGES, ETC. 
 
 dnd and fifty-five, transmitted through the mail to the city of Now 
 ipons for Bemi-annnal interest of bonds of this common- 
 wealth, payable on the first day of duly eighteen hundred and Bfty- 
 five. fur tin- sum of oik- thousand and twenty dollars, numbered as 
 follows: 1122, 4159, 1237, 1982, 5174, 7279, 7360, B125, B053, - 
 8442, 8443,8647,9027,9053,9070,9343,9344,9345,9356,9357,9358, 
 9359, 9360, 9361, 9365, 9605 and 1002? and one hundred and ninety- 
 fire dollars, of whioh no record of number was preserved; thai the 
 letter containing said oonponi was lost, and thai said ooupons have 
 not been paid : 
 
 1. Be it therefore enacted l.y the general assembly, that upon 
 satisfactory evidence of the lo.-s of said coupons being given to the 
 
 second auditor, he is hereby authorized and required to pay the said 
 mm of one thousand and twenty dollars, the amount of -aid coupons, 
 as above stated, to the said hank: l»ut before paying the same, the 
 said hank shall, by resolution, agree to indemnify the state against 
 
 all losses which she may incur on account of the payment of said 
 coupons. 
 
 Commencement 2. This act shall be in force from its passage. 
 
 Amount 
 appropriated 
 
 Bernri'.T 
 
 Chap. 265. — An ACT authorizing the payment to William <;. Jackson of 
 
 certain Coupons. 
 
 Passed April .'1, 1861. 
 
 Preamble Whereas it is represented that there were deposited, on the second 
 
 day of .January eighteen hundred and fifty-eight, for collection, with 
 the cashier of the Merchants Hank of Baltimore, for account of the 
 Ret. William (1. .Jackson, eighteen coupons taken from the bonds of 
 the Chesapeake and Ohio canal company, guaranteed by the state of 
 Virginia, numbers 639, 640, 641, 642, 643, 644, 645, 646, 647 and 
 G58, of fifteen dollars each; and from numbers 45, 16, 17. 5 'J, '>:), 
 
 57, 95 and 572, of thirty dollars each, amounting to three hundred 
 and ninety dollars; and the said coupons were enclosed on the same 
 day in a letter to the cashier id' the P.ank of Virginia; and while the 
 letter aforesaid was duly acknowledged, the said coupons were not 
 contained therein, and none of them have been paid by the second 
 auditor: 
 
 2d Auditor 
 ■athorised to 
 
 i*Bue liin v. :ir 
 rant 
 
 l. lie it therefore enacted l»y the general assembly of Virginia, 
 
 that upon due and satisfactory evidence of the loss of said coupons 
 being given to the second auditor, he is hereby authorized and re- 
 quired to pay the amount of the said coupons as above stated, to the 
 Rev. William G. Jackson, his attorney in fact, his personal reprc- 
 
PRIVILEGES, ETC. 323 
 
 scntitivos or assigns: provided, that before paying the same, the 
 said William (i. Jackson shall file with the Baid auditor proof of ad- 
 vertisement of the loss of said coupons, and a bond with approved Security io 
 security resident in the state of Virginia, indemnifying the Baid state 
 against all losses which she may in any mam le for on ac- 
 
 count of the payment of the Baid coupons. 
 
 2. This net shall he in force from its pas. 1 iaj Commrncomcni 
 
 Chap. 266. — An ACT releasing t" the personal representative of A. ('. 
 Layne the rent due under lii.s lease for a portion of the Public Armory. 
 
 P 1 March no, 18G1. * 
 
 Whereas the general assembly of Virginia, by a joint resolution iv 
 d uii the eleventh Of March eighteen hundred and fifty-six, 
 authorised the governor to lease out to A. C. Layne the west wing 
 of the arnmry, to be used for milling purposes, upon BUoh terms and 
 for such time a? he might prescribe; and in pursuance of said resoln 
 tion. the governor did, on the eighteenth day of June eightei n hun- 
 dred and fifty-six, lease the said west wing to the said A. C. Lnym 
 for said purpose, for the term of ten years, for and in consideration 
 of the annual sum of four hundn d and sixty dollars, to be paid semi- 
 annually by thi on the first day of January and .Inly: and it 
 ipulated in said lease th;it either the governor or the general 
 .hly might terminate said lease whenever the public interest in 
 their judgments might require: And whereas, by an art passed on 
 the twenty-first January eighteen hundn d and sixty, entitled an act 
 making an appropriation for the purchase and manufacture of arms 
 and munitions of war, the governor was authorised the 
 buildings of the public armory to be forthwith placed in condition for 
 the introduction of machinery and for the manufacture and repair of 
 
 : and in consequence of the ) | said act, tie li 
 
 continued the use of said mill from the fust day of January eighteen 
 
 hundi intil tin day of i,i- d< ath, v. ; 
 
 the hrenty-eecond of August last ; ami liable that the 
 
 1 property should oi ate from I 
 
 i fori', 
 
 1. Be it enacted by the general ■■> < mbly. that th< mnn- 
 
 reraor with the said A. < i I p"«if bu 
 
 eonatraed to terminate and oeaw from and after tl 
 January eighteen hundrei 1 right which th< i 
 
 monwcalth of Virginia hath or may bfl r< nt for the 
 
 ii that time, j-liall ]••■ and the panic is 
 hereby relinq ■ <1 
 
 act shall i 
 
PRIVILEGl 8, ETC. 
 
 Chap. 967. — An ACT aujborisi Public Works to appoint 
 
 i - | by Witlian 
 
 K ng in the o tion "!' the <»l:i<> and Maryland 
 
 Tun | 
 
 i. rpubiie !• Be it enacted by the genernl assembly, that the Board ot public 
 works In- instructed to appoint three disinterested persons, to examine, 
 . in- into, measure and report to the present legislature, 
 
 if in Bession, and if not in session, to the nexl legislature, the l< 
 
 ined by William W. King in the construction and repair of the 
 fourteenth section of tin- <»hi.> river and Maryland turnpike road, 
 distinguishing the losses sustained in its construction; from thou 
 caused by repairs and extra work: provided, thai all expenses con- 
 nected with the Bald commission appointed as aforesaid, Bhall be 
 borne bj the said bang. 
 
 o.iUi ..f com. '-• The commissioners aforesaid shall, before entering upon their 
 duties, take an oath before a justice of the peace, faithfully and im- 
 partially to discharge the same. 
 
 t'nrarocuc«>mrnt 3. I V'!l lie ill fnl'ee from it< parage. 
 
 Chap. 268. — An ACT authorizing the Board of Public Works to appoint 
 Commissioners to estimate and report upon I stained by John 
 
 Conaway in the construction of the Fairmont and Wheeling Turnpike 
 
 d. 
 
 a March 91, 
 
 BoBr d of public 1. IV if enacted by (lie general assembly, that it shall lie the duty 
 
 p.'.'iiaVo'ii''' of the Board of public works to appoinl three discreet freeholders, to 
 
 ntMhmm r upon the lands of John Conaway, and assess the damages, if 
 
 any, done to John Conaway's land in the county of Marion, by the 
 
 construction of the Wheeling and Fairmont road, and report their 
 
 proct edinge to the next general assembly. 
 
 Thrir report 
 
 oonmrnoemeiK 2. 'l 1 tall be in force from and after its pe 
 
 Chap. 269. An ACT to n l< ase the title to ■" •">''! acres of Land in the County 
 
 Of Hanover to John J I. Taliaferro. 
 I Uarcfa 97, 1861. 
 
 intrrcHtof com- 1« Be it enacted by the general assembly, that all right, title and 
 ro°eMcd lth interest of the commonwealth of Virginia in a certain tract of land 
 
PRIVILEGES, ETC. 325 
 
 lying in the county of Hanover, and containing fiv<- hundred and 
 fiftv-si \ and one-fourth acres, adjoining the land- of Lucien B. Price 
 and others, which may have accrued in virtue of the delinquency of 
 Richard Anderson for the year eighteen hundred and forty-six, the 
 taxes for that year having In en paid, is hereby released to John ll 
 Taliaferro of said comity. 
 
 2. This act shall be in force from its p neoeemiiri 
 
 Chap. 270. — An A< T releasing the Commonwealth'!? Claim to a certain 
 tad in Chesapeake Baj \>> Edmund J. Poulson. 
 
 Paswl I'.l.ruary 93, LSI 
 
 1. I icted by the general assembly, that the right and claim common- 
 
 f , , i" i- • • • • • \ i iii- ealth'iintereii 
 
 of tin- commonwealth <| \ irginia to an island or Bhoal lying soutb ,-. 
 of Tangier island in the county of Accomack, known as Tangier Cod. 
 be and the same is In reby released to Edmund .T. Poulson, his fa 
 and assigns, forever. 
 
 2. Thie act sliall be in force from fa pasBfl 
 
 Chat. 'J71. — An ACT granting the Commonwealth's right tatc 
 
 of John Kellj to < >wen 81 • 
 
 Passed February 21 
 
 Wh< reas it is represent d to the g< n< ral assi mbly, thai John Kelly n 
 
 by \* ill. which was admitted to record in < >hio county court. 
 
 at the March term eighteen hundred and thirty-four. d< vised his real 
 
 cutore, in trust for Owen m residing in s:.id 
 
 ring his life, with other limitations in said i 
 
 hut \- probable can never become effectual to di pose ol 
 
 such • • And wherea • it is also 
 
 • heir or kindred of said Kellj 
 and that if any exist, they are aliens, not residing itry, 
 
 and ! 
 liabh at : 
 
 1 . ! ' 
 
 in which d or shall 
 
 | ' 
 rt or 
 all o; • the 
 
 ' nil 
 will. 
 
32G PRIVILEGES, ETC. 
 
 Chap. 278. — An ACT authorizing (be sale of rral estate belonging to 
 Pawed March -i, 1861. 
 
 1. Be ir enacted by the general assembly, that the trash 
 Ebenezei academy in the oonnty of Brunswick be authorized to Bell 
 the ri al estate belonging to their corporation, upon Buofa tenni as they 
 may deem mosl advantageous, and pay the money arising therefrom 
 to the superintendent of Bchools for indigent children in Baid county, 
 mod^v, h..w to be loaned oat upon good personal security, and the interest and 
 one-fourth part of the principal thereof annually lor lour years to be 
 disposed of in the same manni r as the quota of the Literary fund 
 
 allotted to Baid comity. 
 
 appropriated 
 
 OmummmmbI 2. This act shall he in force from its passage. 
 
 J 
 
 Chap. 273. — An ACT to Buspend the levying of Taxes by the State on the 
 Wheeling and Belmont Bridge Company lor six years. 
 
 I .March 28, 1861. 
 
 t'rcanibic Whereas it is represented to this general assembly, that the owners 
 
 of* the Wheeling and Belmont bridge have Buffered great loss in de- 
 fending a suit carried on against said company to abate said bridge 
 aB a nuisance: and in the prosecution of said suit the sovereignty of 
 Virginia was called in question, and the whole expense of said suit 
 was met and paid by the said bridge company : 
 
 nam I. Be it therefore enacted, that the levying of taxes by the state 
 
 on said bridge shall be suspended for six years from the first day of 
 February eighteen hundred and sixty. 
 
 Oommeacemeni 2. This act shall be in force from its passage. 
 
 Chap. 274. — An ACT releasing the state's (Maim to the fine Imposed on 
 the Schooner \ irginia for an alleged violation of the Inspection I 
 
 March 85. L861. 
 
 cinim or com- i. licit enacted by the general assembly, that all claim of the 
 remitted ' commonwealth to any portion of o fine imposed <>n the Bchooner Vir- 
 ginia for an alleged violation of the inspection laws of this state, be 
 Doty of auditor and the same is hereby released and discharged: and if the state's 
 portion of the said fine or any part thereof has been paid into tho 
 treasury, the auditor of public accounts is hereby authorized and 
 required to issue his warrant on the treasury, payable out of any 
 
PRIVILEGES, ETC. :>27 
 
 money therein not otherwise appropriated, in favor of William IT. 
 Fowlc and Son (owners of said schooner), for the amount of said fine 
 so paid into the treasury. 
 
 2. This act shall he in force from its passage. Comnu'ncemont 
 
 Chap 275. — An A.CT releasing the Schooner Pauline from the payment of 
 Commonwealth's claim t« > any fine imposed for an alleged violation of the 
 Inspection Laws. 
 
 Md April 3, 1881. 
 
 Whereas, it is represented to the general assembly, that the rreambi- 
 schooner Panline, owned and commanded by residents of the town 
 of Newbern in the state of North Carolina, and hailing from said 
 town, is now in charge of the chief inspector at Norfolk for an 
 alleged violation of the inspection laws of the state of Virginia : and 
 it appearing thai the captain of said schooner tendered the ^ : i i < 1 
 insp< otor a draft on the owners or their agents in New York, for the 
 amount of the inspection fee due from said vessel, thus conclusively 
 showing that no fraud was intended in the premises: Therefore, 
 
 1. Be it enacted by the general assembly, that the claim of the Fhn :■ 
 commonwealth to any fine imposed on said schooner Pauline by 
 ;i of said Violation of the inspection laws as above recited, he 
 and the same is her- by n leased and discharged. 
 
 •J. This act shall he in force from its passage. Nionreraom 
 
 ( ii m- -.'?•' — \i; \< T Tor the relief of Thomas M. Hunl'v. Commissioner "i 
 the l the County <■! liattheti i. 
 
 h 0, 1861. 
 1 . ]',< it ' BOM u d by the Ji D< r:» 1 MS4 inlilv. tliat the qnali fieat ion ttf fhnlMlrslI— 
 
 Thomas M. Hunley as commissioner of the revenue before the county 
 court of Matthews, at mber term eighteen hundred and sixty. 
 
 be and the Mine IS 1 1 • n by Dade ll gal and valid, and that the bond 
 
 • I Hunley be and the same is hereby declared to be 
 
 valid to all intents and porpo 
 
 ! Hunley, s rof the revenue ottos* 
 
 for the count] of Matthews^ shall not be nude vacant in oonseqm i 
 1 bond not having i ted within sixtj days, as required 
 
 by tli« act ]..i-Md March the thirtieth, eighteen hundred and ■ 
 
 8, Tin" net shall from it* p.TFfi 
 
PRIVILEGES, ETC. 
 
 Chap. 277.— An ACT refandini 
 by him, and authorizing tin- Count] I 
 exrom 
 
 • 1 April 'J. 
 
 i 1. Be it enacted bj the general assembly, that the auditor of 
 
 public account.- be and he is hereby directed to issue his warrant ob 
 the treasury of the commonwealth in favor of James A. Russell, or 
 his legal representative, for the Bum of eighty-seven dollars and 
 eighty- four rents, thai being th< oharged against 
 
 and paid by the .-aid James A. Russell for the years eighteen hun^ 
 dred and fifty-si yen, eighteen hundred and fifty-eight, eighteen hun- 
 dred and fifty-nine and eighteen hundred and sixty, on account of 
 aa error committed by the assessor of the land- of the said Russell 
 1\ bag in Frederick county. 
 
 •.*. Be it farther enacted, that the county court of Frederick county 
 i In reby authorized to cornet tin- error aforesaid, and to require the 
 missioner of tin- revenue lor the said county to make the land 
 book conform thereto. 
 
 Coicmi'iiccmi-ut 3. This act shall he in force from its passage. 
 
 ( ii ip, -j; B. — An At "I' for the relief of the Personal K> pr< si ntative of Wil- 
 liam s. Crozton, dec* 
 
 | ill -J, 1861. 
 
 Amount ]. Be it enacted by the general assembly, that the auditor of pub- 
 
 i • i ill, .i-ii • i i i • 
 
 lie accounts be and be is bereby authorized and required to draw his 
 
 warrant upon the treasury, payable out of any money not otherwise 
 
 appropriated, in favor of the personal representative of William s. 
 
 CrOZton deceased, late of Ks.-e\ eoiiiit\. for the Mini of lifty-lhe dol- 
 lar -and twelve cents: which amount was erroneously paid by him 
 
 into the treasury . 
 
 I ~. This act shall lie in force from its pat 
 
 Chap. 279.— An ACT for the relief of Thomas Nichols. 
 I April 9. L861. 
 
 ible Whereas a tract of one hundred and thirtj aeivs of land owned 
 
 by Thomas Nichols, situate in Marion county, ha- been charged to 
 him in two commissioners' districts of said county, and has been 
 
PRIVILEGES, ETC. 
 
 returned delinquent for the non-payment of the taxes thereon for the 
 years eighteen hundred and fifty-three, eighteen hundred and fifty- 
 four, eighteen hundred ami fifty-five and eighteen hundred and fifty- 
 six, although the taxes had been regularly paid thereon fur said 
 years: And whereas also in the year eighteen hundred and sixty 
 said land was sold by the sheriff of said county for said delinquency, 
 and purchased by him on behalf of the commonwealth for the t. 
 thereon, interest and expenses, according to the form of the statute 
 in Buch cases made ami provided, by reason whereof relief in the 
 premises is due to said owner i 
 
 1. Be il therefore enacted by the general assembly, thai all the Common- 
 right, title and interest of (lie commonwealth in and to the said tract r , 
 
 of L.nd. bo \' -ted in the commonwealth, be and tlie same are hereby 
 vested in the said Thomas Nichols, his heirs or grantees. And the 
 auditor shall omit saiil land from the list of real estate purchased for 
 the commonwealth at sah . which remain unredeemed. 
 
 2. The said tract of land shall lie replaced in the book of the Land to be n 
 proper commissioner of said county, in the name of the paid Thomas miggio 
 Nichols, or his grantee. 
 
 .'?. This act shall be in force from its passage. i monceraont 
 
 Chap. 280.— An ACT foi th< relief oi Hugh Crolly and Patrick HcCune. 
 
 ■ '. 1861. 
 
 Whereas, by an act of the last session of this legislature, it wa 
 
 (1 thai a suit formerly pending in the circuit COUli of the city 
 
 chraond and county of Henrico, in the name of Hugh Crolly 
 
 and Patrick M gainst the president and din (tor- of the 
 
 Northwestern turnpike company, which had been stricken from the 
 
 hould In ■ the dock. 
 
 • for the county of Henrico : And wher< 
 
 d on its in. rit- in said court, un- 
 inical points: but doubts may exist whether the 
 
 ■ thai d< - 
 
 shall 1 
 
 lie- 
 
 to the form of 
 
330 
 
 PRIVILEG 
 
 Common- 
 
 w< alth'n ripht 
 
 irud 
 
 ProvUo ns to 
 
 I admin- 
 istration, it 
 
 Chap .'J- 1. — An A< I' . ;' relief of Charity Casey. 
 
 l. Be it enacted by the genera] as* mbly of Virginia, that all the 
 right, title and interest which has iii any manner accrued to the com- 
 monwealth in and to the estate of Lewis Casey, a free colored man, 
 late of the county of Fairfax, deceased, be and the same is hereby 
 granted, transferred and released unto Ins daughter Charity Casey; 
 to be paid by the administrator of said estate to her guardian legally 
 appointed and qualified: provided, however, that there shall first be 
 paid, besides expenses of administration, and Bucfa other ehargi 
 the county court of said county may deem proper, all expenses at- 
 tending the sickness and burial of Elizabeth Casey, the mother of the 
 
 said Charity: which said payments shall he allowed as proper credits 
 to the said administrator in the settlement of his accounts. 
 
 Commencement 2. This act shall be in force from its passage. 
 
 Chap. 232— An ACT for the. relief of Celia Edmonds. 
 
 Passed April 2, 18C1. 
 
 Preamble Whereas it has been made to appear to this general assembly, 
 
 upon the petition of Celia Edmonds, that in a suit heard and finally 
 decided in the supreme court of appeals of this state on the twenty- 
 third day of November eighteen hundred ami fifty-seven, upon an 
 appeal from a decree of the circuit court of the comity of Fauquier. 
 Which appeal was in the name of Kimble G. Hicks, administrator dfl 
 bonis mm with the will annexed of Celia Shearman deceased, and 
 Kimble C. 1 licks, junior, by said Kimble G. 1 licks, his father and 
 next friend, appellants, against Thomas K. Hicks and others, appel- 
 lees, in which appeal were involved only "the questions of the legal 
 competency of Celia Shearman, a married lady, to make an olograph 
 will; and if she had such competency, whether or not the will was 
 in legal form;" in virtue of which will the petitioner, a niece of said 
 testatrix, was entitled to an annuity of one hundred and fifty dollars 
 for the petitioner's life: which questions were both decided in the 
 affirmative, and the decree of the court below reversed; and the 
 court of appeals proceeded to render such judgment as the court be- 
 low should have rendered; in rendering which an accidental mistake 
 occurred as follows: In the manuscript record sent up from the 
 court below was contained a true copy of tin- said will ; hut in print- 
 ing copies of the record for the use of the counsel and court, the 
 printer committed an error in punctuation, which wholly changed 
 the sense of the will, and made so much thereof as provided a benefit 
 
PRIVILEGES, ETC. 331 
 
 for petitioner wholly unintelligible ; by reason whereof, the court of 
 appeals, in its said final decree, disregarded thai part of the will, 
 and established only a portion of the paper as the will of said testa- 
 trix; which accidental errorwas not discovered until after the ad- 
 journment of the term of the said court of appeals : that application 
 was made to the mid court at its ne\t term for a rehearing and cor- 
 rection of the error; hut the said court were' of opinion that it had no 
 power to correct the error, although manifest upon the face of the re- 
 cord of the said couil. after the adjournment of the term at which such 
 
 final decree was rendered. The said petitioner praying this general 
 assembly for relief in the premises, and it being considered anet t 
 tain whether the law as it now stands, affords her any mode of relief 
 in the premises: For remedy whereof, 
 
 1. Be it enacted by the gt neral assembly, that the circuit court of Jurisdiction of 
 
 i ■- • i i •' • i- /t • i e'rcnil court of 
 
 the county of Fauquier have power and jurisdiction (it it does not Fauquier 
 
 already possess it. which is thought to he doubtful), notwithstanding 
 the said final decree 1 of the said supreme court of appeals, upon an 
 original bill in equity filed in said circuit court by said Celia Ed- 
 monds, making all persons interested parties, to hear and determine 
 Inr complaint touching the premises, and grant her such relief 
 therein as it shall deem just and equitable, and the provisions of the 
 said will may entitle her to: provided, however, that the right of' 
 app< al from any decree rendered upon such bill he reserved ami had 
 as in 0th( r cases, and also thai no such decree shall in any manner 
 or to any extent affect, modify or chance the said final decree of the 
 said court of appeals further or otherwise than relieving against the 
 consequences of the a< cid< dI or mistake aforesaid. 
 
 2. This act shall be in force from its passage. Commcnrrmrtit 
 
 Chap 383 —An \< T fixing the mode of settlement with tho Sheriff of the 
 
 -"li., 
 
 1. Be " enacted by the general assembly, that if James W.SrttltmBt, 
 
 Campbell, late sheriff of the county of Jefferson, shall pay into the 
 public treasury the h dance of revenue due from (.nid county to the 
 commonwealth, and other official does of which be stands chai 
 for bY n hundred and fifty-nine juration 
 
 of thirty days after . the auditor of public 
 
 tO allow ! | . ;d>< 11 
 
 iu< h i 1 for punctual , 
 
 Com 
 
PRIVILEGES, ETC. 
 
 I* fur the relief of Thi I tinwid- 
 
 County. 
 
 PMK.d April ]. ; 
 
 Commit: I. l'.c ii < inacb -(I by tin- general assembly, thai the auditor of pub- 
 
 1- .1 I'lll 1 r,.i ,,- 1 
 
 ho aooounts be authorized in allow and pay to I nomas \\ . Scott, she- 
 riff of Dinwiddle county, the premium of two and a half per centum 
 allowed by law fur prompt payment of the revenue into the treasury, 
 upon any amount of the revenue of the said county for the 3 1 ar 1 igh- 
 teen hundred ;m<l fifty-nine, paid by said Scott into the treasury, for 
 which the said premium has not been allowed. 
 
 di 'J. Thu act shall be in force from its passage. 
 
 Chap. 285.— An ACT for the relief of John M. Jones, lati S Pendle- 
 
 ton ( 'mini V. 
 
 i March 96, 1861. 
 
 Amount 1. Be it enacted l>v tlic general assembly, that the auditor of 
 
 appropriatr.l , , •, , • , , -,• , , • 
 
 puMic aoOOUntS be and he is hereby directed to issue his warrant on 
 
 the public treasury in favor of John M. Jones, late sheriff of Pendle- 
 ton county, for one hundred and seventy-throe dollars and eighty-two 
 cents, on account of two and one-half per cent, commission on the 
 revenue of .-aid county for the year eighteen hundred and Gfty-six, 
 withheld by the auditor of public accounts for the failure of the said 
 Bheriff to pay his said revenue within the time prescribed by law. 
 
 eneemeal 2. This act shall be in force from its pa&BS 
 
 Chap. 286.— An ACT for the relief of If. C. Hall, late Sheriff of Lewis 
 I j , and liis Securities. 
 
 Pi .i M ri b 5, 1861. 
 
 1. Be it enacted by the general assembly, that the judgment ren- 
 dered by the circuit conn of Richmond city, for the benefit of the 
 commonwealth, again t Minor c. Ball, late sin rid' of Lewis county, 
 
 and bis sureties, on the twelfth day of dune eighteen hundred and 
 fifty-eight, for live hundred and >e\ eiity-six dollars and twenty-one 
 cents, and for damages and costs, he and the same is hereby released, 
 the Bame having been improperly entered. 
 
 judgment, ho« :-'• And be it farther enacted, that the auditor of public accounts 
 be and he ie hereby authorized and directed to adjust and settle ano- 
 ther judgment of the commonwealth against the same parties, for 
 
 tWO hundred and forty-eight dollars and forty-nine cents, in the ,-auic 
 
PRIVILEGES, ETC. 338 
 
 manner that the same should be settled if BUch judgment had not 
 been rendered; and thai he allow any credits paid by said parties, 
 which were nol allowed upon Hie claim before such judgment. 
 
 3. This act shall be in force from it.s passage. Coin 
 
 Chap. 287. — An \t T refunding to Moses G. Booth, damage p id by him 
 nety of Samuel 8. Turner, late Sheriff of Franklin County. 
 
 A March 19, 1861. 
 
 1. Be it enacted by the general assembly, that Moses G. Booth, Security 
 security of Samuel S. Turner, late sheriff of Franklin county, in 
 hereby released from the payment of the damages on judgment in 
 
 favor ol till I immonwealth against him as such security, rendered 
 
 by the circuit court of th<- city of Richmond. But the said security CondiUoni 
 
 shall 1 1 • • t have the benefit of this act, unless he nay into the treasury, 
 
 within sixty days from th hereof, all that remains unpaid of 
 
 the principal, interest, COSte and actual expenses of collection of said 
 
 judgment, and all other dues to the commonwealth, for which said 
 
 ity may be liable : provided, that this act shall not be construed Sheriff not 
 lid Samuel S. Turner, late, sheriff of Franklin. 
 county, from the payment of any damages adjudged against him. 
 
 2. This act shall he. in force from its passage. Commcncm-n: 
 
 James B Courtney 
 of AN eland i lounty. 
 
 1. Be j dbythej *erobly, that the auditor of pub 
 
 i reby authorized and din rani on da 
 
 ry of the commonwealth, to 1"' paid out of any money in 
 the tp asury not appropriated, in favor of Jol 
 
 John ('rite her. f. »r the damages by them paid into the treasury of the 
 
 te sheriff of \v 
 county, after d< the actual • lleottaii 
 
 Bui tl ill not have the benefit of this act, ml 
 
 within sixty dayi from th \ into th< 
 
 all tl it the principal unpaid, interest, dams 
 
 th, for which tl ■ 
 liable : p Sfctrur ■* 
 
334 
 
 PRIVILEl 
 
 ( ll\i 
 
 -Aii Af'T f<»r tin- - S of Thomas K. I 
 
 lal i \\ ,,'.i:mi County. 
 
 damages 
 
 Condition!! 
 
 I. Be it en oted by the genera] assembly, ilia- eties of 
 
 Thomas K. Davis, late sheriff of Prince William county, for the 
 yean eighteen hundred and fifty-seven and eighteen hundred and 
 fifty-tight, are hereby released from the payment of the di 
 judgments in favor of the commonwealth against 
 rendered by the circuit court of the city of Richmond. But the 
 sureties shall net have the benefit of this act, unless they pay into the 
 treasury, on or before the first day of December eighteen hundred 
 and su tj -one, or woner, if n quired by the auditor of public accounts, 
 all that remains unpaid of the principal, interest, cost and actual 
 expenses id" collection of said judgments: provided, that this act 
 
 shall mil lie construed as in any way releasing the said Thomas K. 
 Davis, late sheriff of Prince William county, from the payment of 
 any damages adjudged against him. 
 
 Commencement 2. This act shall he in force from its passage. 
 
 Sheriff not 
 
 ■ 
 
 Sureties 
 released from 
 damages 
 
 Conditions 
 
 Sheriff nut 
 
 released 
 
 Chap. 290.— An ACT for the relief the Securities of Eugenius Tibbs, late 
 •Sheriff of the County of Kin I 
 
 Tasscd llarch i:t. 186L 
 
 1. Beit enacted by the general assembly, that the securities of 
 Eugenius Tibbs, late sheriff of Ritchie county, are hereby reli 
 
 from the payment of the damages on the judgment in favor of the 
 commonwealth against them as Bucb Beouriti< i, heretofore rendered 
 
 by the circuit court of the city <T Richmond. But the .-aid securi- 
 ties shall not have the benefit of this act, unless they pay into the 
 treasury, within sixty days froi I the passage of this act. all that re- 
 mains of the principal, inter. and actual cxpen < f collec- 
 tion of said judgment, and all other dues t:> the commonwealth for 
 which said securities are liabl led, that this act shall not In 
 construed as releasing the said Tibbs, late sheriff of Ritchie county, 
 from the payment of any damages adjudged against him. 
 
 Commencement 2. This act shall lie in force from its pa 
 
 Securities) 
 released from 
 damages 
 
 CHAP. 291. — An ACT for the relit f of the Becuriti Browning, lato 
 
 Sheriff of Logan ( lounty. 
 
 Tassed March 18, 186L 
 
 1. Be it enacted by the general assembly, that the securities of 
 Reese Crowning, late sheriff of Logan county, be and they arc 
 
1'KIVILEGES, ETC. 335 
 
 hereby released from the payment of the damages recovered against 
 said Browning and his securities, by judgments of the circuit court 
 of Richmond city in favor of the commonwealth: provided, however, 
 that they pay or cause to be paid into the treasury of the state what- 
 ever balances an' doe to tin- eti .;«• from said Browning as sheriff m 
 aforesaid, within ninety days from the passage of this act. Nothing Condition* 
 herein contained Bhall be bo construed as to release the said securities 
 from the payment of expenses incurred by the commonwealth in ob- 
 taining said judgments, or to release said Browning from the pay- 
 ment of the whole amount of said damages. 
 
 'J. ThU act Bhall he ill force from its passage. Commencement 
 
 Chap. 2'.)2.— An ACT for the relief of the Sureties of Robert Chambers, 
 Sheriff of Boone County. 
 
 Passed March IS, 1861. 
 
 1. Beit enacted by the general assembly, that the securities of Sernriti*s 
 Robert Chambers, late sheriff of Boone county, be and they arc,.. 
 hereby released from the payment of any damages obtained against 
 them or the said Chambers, late sheriff as aforesaid, in the circuit 
 court of Richmond city, by reason of the failure of said Chambers, 
 sheriff as aforesaid, to pay into the treasury of the state, portions of 
 tbe revenue of said county for the year eighteen hundred ami fifty- 
 eight, in the time prescribed by law. The amount of damages thus 
 released to be lessened by any expenses paid by the state in prose- 
 cuting or collecting the claim or /claims of the state against said seen- 
 or said sheriff: provided, that any balance due from said sheriff 
 rhall be paid into the tn asury within sixty days from the passage of 
 this act. 
 
 act shall be in force from it- passage. Commencement 
 
 CHAP. 393. — An ACT rpfundinp to the Securities of Willinm TI. I'.lanrh, 
 late Sheriff of . .: Mecklenburg, certain damages ] »ai- . 
 
 them. 
 
 1. 1' by the ;'• ■' mhly. that tin auditor ofrj 
 
 puhh' be and i- hereby authorized to refund to tbe eeuifi- 
 
 I William H. Blanch, late sheriff of Mecklenburg county, the 
 : t- in favor of onwealth against them 
 
 as si;. n d by th< irt of th, , ],. 
 
 niond for hundred and fifty-nine and eighteen 
 
336 PRTVILEQB8, BTC. 
 
 hundred and sixty. I>ut the sai.l securities shall not have the benefit 
 of this act, unless within sixty days from the passage hereof, they 
 pay into the treasury all that remains unpaid of the principal, inte- 
 rest, ooata and damages and actual expenses of collection of said 
 judgmental' and all other does to the commonwealth, for which said 
 Bhertffnoi securities :irc liable: provided, that this act shall not be construed 
 ing the said William II. Blanch, late Bheriff of Mecklen* 
 burg county, from the payment of any damages adjudged against 
 him. 
 
 Commencement 2. Tbia act shall be in force from its ] 
 
 Chap. 294.— An ACT for the relief of the Securities of Joshua H 
 deceased, late Sheriff of the County of Jackson. 
 
 ■ I March 1, 18G1. 
 
 Mode of 1. Be it enacted by the general assembly, that the auditor <»f 
 
 public .accounts is hereby directed, in his settlement with the secu- 
 rities of Joshua II. Staats deceased, late sheriff of the county of 
 Jackson, to remit to said securities all damages adjudged against 
 them as such, deducting therefrom the costs and actual expenses of 
 collection. 
 
 Commencement 2. This act shall be ill force from its passage. 
 
 Chap. 295. — An A.CT authorizing the payment of Forfeited Commissions 
 and Damages to the Executor of Charles Bolden deceased, late Sheriff of 
 
 the County of Harrison. 
 
 Pi >i January £3, L86L 
 
 Commi 1. Be it enacted by the general assembly, that the auditor of 
 
 be refunded * ° public accounts he and is hereby directed to issue his warrant on the 
 
 treasury, payable '"it of any money therein not otherwise appro- 
 priated, in favor of Cruger W. Smith, executor of Charles llolden 
 deceased, late Bheriff of Harrison county, for the amount of forfeited 
 Commissions for failure to pay promptly the taxes assessed in the 
 
 county of Harrison, in the years eighteen hundred and fifty-eight, 
 
 eighteen hundred and fifty-nine and eighteen hundred and sixty, and 
 for the amount of damages recovered in the year eighteen hundred 
 and hMv by the commonwealth against the said Charles llolden and 
 his sureties, which have been paid, less the costs and actual expenses 
 of collection of said, judgments. 
 
 Commencement 2. This act shall he in force from its passage. 
 
• 
 
 RESOLUTIONS. 
 
 No. 1. — Resolutions upon the subject of the Coercion of a State. 
 
 Adopted January fi, 1861. 
 
 1. Resolved by the general assembly of Virginia, that the Union Hnwuniom 
 being formed by the assent (if the sovereign states respectively, and 
 
 being consistent only with freedom and the republican institutions 
 guaranteed to each, cannot and ought not to be maintained by force, 
 
 2. That the government of the Union has no power to declare or No power »o 
 make war against any of the states which have been its constituent wav 
 members. 
 
 :'.. Resolved, that when anyone or more of the states has deter- Btetewffl retiSI 
 mined, or shall determine, under existing circumstances, to withdraw 
 from the Union, we are unalterably opposed to any attempt on the 
 part of the federal government to coerce the same into reunion or 
 submission, and that we will resist the same by all the means in our 
 power. 
 
 No. 2. — Joint Resolution concerning the, position of Virginia in the event of 
 tli" Dissolution of the Union. 
 
 Adopted January 21, 18G1. 
 
 Ived by the general assembly of Virginia, that if all efforts to i' 
 
 cile the unhappy differences existing betweea tl ■ rai 
 
 of the enuiitrv shall prove to be abortive, then, in the opinion of the 
 
 embly, ev< rj consideration of honoi and interest demands 
 
 lis shall unite her destiny with the ilaveholding stab - of 
 
 nth. 
 
 ■n« invito • 
 
 j.urt of Virginia, and providing for tho 
 apr«>ii)tni 
 
 Adopts jMiavy P. • 
 
 WhereSM it i« the deliberate opinion of the peneral assemblv of rrranbW 
 Virginia, that unless the unhappy «ontrovrr«>y. which now di\ 
 22 
 
999 RESOLUTION-. 
 
 the states of this confederacy, shall be s:it i^faitorily adjusted, a pcr- 
 ■Mnent dissolution of the Union is inevitable; and the general as- 
 sembly, representing the wishes of the people of the commonwealth, 
 i« desirous of i-nij)l»i\ ill-: every, reasonable mean.- t>> avert bo dire ■ 
 calamity, ami determined to make ■ final effort to restore the Union 
 and the constitution, in the spirit in which they were established by 
 
 the Esthers of tin- republic : Therefore, 
 
 !„>,!,!, on 1. KoHohod, that on behalf of the commonwealth of Virginia, an 
 
 .,'.* invitation is herein extended to all Booh states, whether slaTeholding 
 or non-slaveholding. as are wDling to unite with Virginia in an ear- 
 nest eiTort to adjust the present unhappy controversies, in the spirit 
 in which the constitution was originally tunned, and consistently with 
 it- principles, so as to afford to the people of the slaveholding si 
 adequate guarantees fur the security of their rights, to appoint com- 
 nUSaioaerS to meet on the fourth day of February next, in the city 
 of Washington, similar commissioners appointed by Virginia, to 
 consider, and if practicable, agree upon some suitable adjustment. 
 
 Oomnjis^ioDcrs 2. Resolved, that Ex-president John Tyler, William C. Kives, 
 mppoini<ni Judge John W. Hrockenbrough, GrOOrge W. Summers and James 
 
 A. Seddon are hereby appointed commissioners, whose duty it shall 
 be to repair to the city of Washington, on the day designated in the 
 foregoing resolution, to meet such commissioners as may he appointed 
 by any of the said states, in accordance with the foregoing resolution. 
 
 Amendment* to 3. Resolved, that if said commissioners, after full and free eonfer- 
 oon£T06i ttc enee, shall agree upon any plan of adjustment requiring amendments 
 
 of the federal constitution, for the further security of the rights of 
 
 the people of the slaveholding states, tiny he requested to communi- 
 cate the proposed amendments to congress, for the purpose of having 
 tin- same submitted by that body, according to the forms of the con- 
 stitution, to the several states for ratification. 
 
 CominunioncTH 4. Resolved, that if said commissioners cannot agree on such ad 
 tbHr'pTo^'od 1 ''' j" H tment, or if agreeing, congress shall refuse to submit for ratifica- 
 *°t'" tion such amendments as may be proposed, then the commissioner! 
 
 of this state shall immediately communicate the result to the execu- 
 tive of this commonwealth, to be by him laid before the convention 
 
 of the people Of Virginia and the general assembly : provided, that 
 the said commissioners be subject at all times to the control of the 
 general assembly, or if in session, to that of the state convention. 
 
 Crittenden's 5. Resolved, that in the opinion of the general assembly of Vir- 
 
 •n><>odn>ont gjuja, the propositions embraced in the resolutions presented to the 
 senate of the United States by the lion. John J. Crittenden, so mo- 
 dilicd as that the first article proposed as an amendment to the con- 
 stitution of the United States shall apply to all the territory of the 
 
RESOLUTIONS. V49 
 
 United Slates now held or hereafter acquired south of latitude thirty- 
 8ix degrees and thirty annates, and provide that slavery of the Afri- 
 can race shall he effectually protected as property therein during the 
 continuance of the territorial government, and the fourth article 
 shall secure to the owners of slaves the right of transit with their 
 slaves between and through the OOn-slaveholdiog states and territo- 
 ries, constitute the hasis of such an adjustment of the unhappy con- 
 troversy which now divides the state- of this confederacy, as would 
 be accepted by the people of this commonwealth. 
 
 G. Resolved, that E\-president John Tyler is hereby appointed OotmbIm 
 by the concurrent vote of each branch of the general assembly, a tVb'V 
 commissioner to the president of the United States, and Judge John Btato * 
 Robertson is hereby appointed, by a like vote, a commissioner to the 
 State of Smith Carolina, and the other states that have seceded, or 
 shall seeede. with instructions respectfully to request the president 
 of the United States and the authorities of such states to agree to 
 abstain, pending the proceedings contemplated by the action of this 
 general assembly, from any and all acts calculated to produce a col- 
 lision of arms between the states and the government of the United 
 Stat' 
 
 7. Resolved, that copies of the foregoing resolutions be forthwith Governor to 
 telegraphed to the executives of the several states, and also to the ml^raenTikc 
 president of the United States, and that the governor be requested 
 to inform, without delay, the commissioners of their appointment by 
 the foregoing resolutions. 
 
 datum in rpr-nrd to the movement of Troops nnd Arms 
 wi tli in the limits of tins Com mon wealth, by the General Governi 
 
 A'l. pi..] April ], 1861. 
 
 Whereat the people of Virginia, in convention assembled, are now i>- 
 deliberating at to their future relations with the government at \V\ 
 
 I' I and the non-slaveholding states of the confederacy, 
 
 known M the Uoited Stat.- of North America: And w h. r. i- the 
 
 general ooseiabry of Virginia (at present sitting), and the goTcroat 
 
 of this commonwealth have declared their opposition to the . \. | 
 of for ,,,,] to th. 
 
 zation in. or the marching shfOOgh MM territory of militar- 
 
 'or that |. imd whew as, in the present unsettled condi- 
 
 tmn of our int. i i federal relation*, it is th< litigation 
 
 of duty on all public functionaries to watch vigilantly, and pref—l 
 or th-.' 
 
 orthot-eii sappeeed to sympathise with them i And whereas! 
 
 it ha- lis tans bb number 
 
.'{40 
 
 RESOLUTIONS. 
 
 of heavy guns manufactured at BeDona foundry near tlie capital of 
 Virginia, bnder an order of 1 1 1 « - ordnanoe department at Washington, 
 I>. c. bare been ordered to Fortran Monroe, where they can only 
 be needed for the purpose of intimidation and menace to Virginia at 
 present, and of actual hostilities in a certain contingency that may 
 change lier future relations to the federal government, and the anti- 
 slavery sentiment it represents: 
 
 , to 1. Be it resolved by the general assembly, thai the governor of 
 
 wtoa and Mtim ^^ C(mnn <imvcaltli he authorized and lie is hereby directed, in case 
 of the actual attempt of the federal authorities to transport said gang 
 over the soil of Virginia, to seize and detain said irons for the nse of 
 this commonwealth ; and to that end to order out the Publio Guard 
 to arrest tin- contemplated removal of the guns beyond the reach and 
 control of the government of this state. 
 
 ■ n a? lo 
 
 2. Resolvi d further, that the governor be and lie is hereby autho- 
 rized ami required', out of the money appropriated for the purchase of 
 arms, at the present session of the general assembly, by an act passed 
 
 on the twenty-ninth day of January eighteen hundred and sixty-one. 
 entitled an act appropriating one million of dollars for the defence of 
 the commonwealth, to pay to Dr. Junius I,. Archer tin- amount due 
 him, viz : seven thousand eight hundred and seventy-two dollars and 
 forty-seven cents, on his contract for the manufacture of said guns, 
 and to the government at Washington the sum of thirteen thousand 
 and twenty- four dollars, which said government has paid to said 
 Archer On accounted' his said contract: and the governor shall re- 
 quire the superintendent of the armory at Richmond to take posses- 
 sion of said guns, and deposit them therein lor sale Keeping. 
 
 Diner, pnnry 
 oorrt-rt. d 
 
 N u r, — Resolution for the correction of a discrepancy between the hody 
 and title of jui act incorporating the Petersburg Savings and Insurance 
 Company. 
 
 AdopUd March 11, ie61. 
 
 I. T.e it resolved by the general assembly Of Virginia, that, wher- 
 ever discrepancy occurs between the body and title of an act incorpo- 
 rating the Petersburg savings and insurance company, passed March 
 sixteenth, eighteen hundred and sixty, the same is ordered to be cor- 
 rected by the committees on enrolled bills, so as to make the name 
 of the said company in the body of the act conform to the title of 
 the same. 
 
 ActH.&c valid 2. And be it further resolved, that all acts and contracts made 
 and entered into by the said company be and are hereby declared to 
 be as valid and binding upon the said company and between the said 
 
RESOLUTIONS. 341 
 
 company and other parties, as if the same, had hcen entered into 
 under the name aud style of the Petersburg Boutln-rn insurance 
 company. 
 
 No. 6. — Resolution authorising pay to Commissioners appointed to audit 
 and pay expenses incurred by the [nvaaion at Harpers Kerry, for sen 
 n nderi d by them. 
 
 Adopted April t. 
 
 Resolved by the general assembly, that the auditor of public amount 
 
 " appi 
 
 accounts shall be and he iH hereby authorized to pay out ol the 
 appropriation heretofore made, for the expenses incurred by the 
 
 invasion of the slate at Harpers Ferry, the sum of two hundred and 
 fifty dollars to each of the commissioners appointed to audit and 
 nettle claims for said expenses, as compensation for their services. 
 
 1 — Resolution to grant to Angus W. McDonald exclusive right of 
 publishing <•■ rtain Manuscripts obtained by him from England. 
 
 Adopted March OS, 1861. 
 
 Ived by the general assembly of Virginia, that Colonel Angus Bxclurivc 
 \V. McDoni Id shall have the exclusive right and privilege of print- A 
 tag and publishing such portion of the manuscripts obtained by him 
 from England, and mentioned in his report to the governor of this 
 commonwealth, of date the third day of February eighteen hundred 
 
 and sixty-one, and communicated hy the governor to this general 
 
 bly, as he may deem proper: hut this resolution may be 
 ided, and the authority hereby given revoked, at the pleasure 
 of the general assembly. 
 
 —Joint Resolution for the relief of tl 
 and ' 
 
 Adoptod April 1 
 
 Whereas the pre* I « mbarrass- ivpambk 
 
 Blent to tl tad < >hlO rail read, that 
 
 will pi F not all of them from executing their coiitr 
 
 Ami whereas the failure on the | 
 tin ir work w i 
 
 barrasHM 
 mplat4 d by eit*M r of tl 
 • 
 
342 RESOLUTIONS. 
 
 Amount bob- Be it resolved by the general assembly, that in consideration of the 
 paid embarrassments, the Board of public works, in its character as 
 the Covington and Ohio rail road company, be and arc hereby au- 
 thorized to increase the prices of the aforesaid contractors, for all 
 work to be dime prior to the first day of January eighteen hundred 
 ami sixty-two, and subsequent to the passage of this resolution, to 
 such extent as the said board shall consider just and equitable: 
 
 oes provided, however, that sncli increase upon the said work to any con- 
 
 tractor shall not exceed ten per cent, upon the amount payable there- 
 for at the contract juices: and provided also, that the said increase 
 shall constitute a part of, and be paid out of existing appropriations 
 to the Covington and Ohio rail road. 
 
 No. 9. — Joint Resolution relative to the Sale of Muskets. 
 
 Adopted April 4, 1861. 
 
 Duty of Resolved by the general assembly, that the attorney general be and 
 
 he is hereby instructed to enquire into the authority under which the 
 A? to contract contract was made with Joseph R. Anderson & Co. for the sale of 
 densou «. Co arms, on the twenty-third day of August, eighteen hundred ami sixty. 
 and the validity thereof; and that he report to the general assembly. 
 at the next session, and to the governor as soon as practicable; and 
 if such opinion shall be against the authority to have made such con- 
 tract, the governor shall not make any further or other delivery of 
 the arms to said Anderson. 
 
 No. 10. — Resolutions in relation to a Line of .Steamers. 
 Adopted March 30, 1861. 
 
 Preamble Whereas the general assembly of Virginia has lAarned with great 
 
 satisfaction, interest and solicitude!, that M. Pcriere & Brothers, 
 bankers of Paris, France, have in contemplation the establishment 
 of a line of first class steamers between Paris, Prance, and some port 
 in the United States: And whereas the government of France has 
 agreed to subsidize the proposed line by the sum of nine hundred 
 thousand dollars per annum, thereby manifesting its interest in the 
 success of the same : And whereas the commercial independence 
 and proper development of the resources of Virginia and of her 
 sister southern states, especially North Carolina, Tennessee, Missis- 
 sippi, Kentucky and Maryland, who have at the cost of millions, 
 perfected systems of railway and canal connecting those states, the 
 
RESOLUTIONS. 34* 
 
 valley of the Ohio and the Mississippi with the Chesapeake, are 
 materially dependent upon direct trade : Therefore, 
 
 1. Resolved as the sense of the general assembly of Virginia, Duty of etute 
 that it is the duty of this state, as we believe will likewise appear to 
 
 be the duty of tar sister states herein before referred to, to welcome 
 and encourage M. Periere & brothers with their proposed line of 
 steamers to the waters of Virginia. 
 
 2. That it behooves onr internal improvement companies and int. mrJ .m 
 cities of Virginia to employ their best efforts jointly in securing tin; paales and citlei 
 line of steamers at Norfolk, or some other terminal point in the 
 
 waters of the Chesapeake. 
 
 3. That these resolutions shall be sent to the respective legisla- u<«nintioni 
 
 to UC BCttt 
 
 tares of North Carolina, Tennessee, Kentucky, Mississippi and Man- 
 land, asking their respective consideration of the same, and also to 
 the house of M. Periere & Brothers, bankers, Paris, France. 
 
 No. 11. — Joint Resolution concerning Delinquent Taxes of the year 1860. 
 Adopted March 11, 1861. 
 
 "Whereas it is apparent to the general assembly, that it is difficult, rrambie 
 even with the 0M of all doe diligence, to meet the requirement 
 the law as to the payment of the revenue into the treasury; and with 
 the view only of affording the relief which seems to be justified by 
 the present extraordinary occasion : 
 
 l: n]ved by the general assembly, that the sheriffs of this OOm- Beveim*, whta 
 monwcalth who pay all the revenue now due for the assessments of 
 revenue of eighteen hundred and sixty, and that portion to become 
 
 due the fifteenth of the present month. Iiy the first of April next, shall 
 
 ln> entitled to be allowed full commissions of five per cent, by the 
 auditor of public accounts : provided, that interest shall be ohai 
 
 on that part of the revenue due the fifteenth of December last until 
 paid. In any settlement with sheriffs against whom judgment! have tinman*, how 
 1.. en rend, n d for the taxes of eighteen hundred and sixty, the Mid 
 auditor shall remit all damages, except so much only a- may be n< 
 cessary to pay expenses of the collection of said judgments: pro- 
 vided, that Mid ':i ..I prior to the first day of April in xt. 
 Sheriffs slmll have the number of days now allowed them for tra\el 
 
 in-, after the fast of April, t<t make such payment. 
 
344 RESOLUTIONS. 
 
 No. 12. — Resolution authorizing the Governor to employ the Convicts iu the 
 Penitentiary in Improving its Buildii 
 
 Adopted April 4, 1861. 
 
 Ooaviru, how Resolved by tli o general assembly, thai the governor be and he is 
 
 to be employed , , . _ _ _. . .' 
 
 «n i.uUdingB hereby authorized and directed to cause the inmates "I the peniten- 
 tiary to lie employed in improving the penitentiary buildings, by en- 
 largement or otherwise, so far as the same can be done consistently 
 with the manufacturing interest of the institution ; and thai the go< 
 vernor also ho requested to apply the proceeds of the labor of con- 
 victs to aid in conducting operations of the penitentiary. 
 
SEPARATE ELECTION PRECINCTS. 
 
 Accomack — Conrt-houae; Chingoteague; Now Church; Corbin ami Fletcher's; Mapp's; 
 Guilford; News town; Onancock; Pungoteague. 
 
 Albemarle. — Court-house; Lindsay's Turnout; Kvcrettsvillc J Stony Point; Karleysville; 
 Blackwell's; Free Union; Whitehall; Woodville; Batesville; Hillsborough; Crossroads; 
 Covcavillc; Porter's; Warren ; Wingfield's ; Milton; Scottsville; Monticello House ; How- 
 
 ardsville. 
 
 Alexandria — Five districts — identical with magisterial districts. 
 
 Alleghany — Court-house; Roberl Skeen's Hotel; John O. Taylor's; George Stall's; 
 Clifton Forge; Jabcz Johnston's; Griffith's Mill; Fork Kun. 
 
 Amelia — At the same place as magisterial elections. 
 
 Amherst — New Glasgow; New Hope; Oronoco ; Chestnut Grove; Folly; Temperance; 
 Pedlar Mills ; Elon ; Court-house ; Buffalo Springs. 
 
 Appomattox — Court-house; Union Academy; Wesley Chapel; Hamner's; Spout Spring; 
 Oakvillc. 
 
 Augusta — Court-house; Waynesborough ; Middle brook ; Spring Hill; Mt. Meridian; 
 Gltt in sville; Distxicl No. 2, Staunton; Mt. Sidney; Stuart's Draft : Fishersville ; Church- 
 ville; New Hope; Craigsrille; Deerfield; Mt. Solon; Swoop's Mill; Midway; Newport. 
 
 Barbour — Court-house; Burner's; Nutter's; Bartletf.- ; Mitchell's; Xeager's; Glady 
 Crock; Holtsberry's ; Coal Precinct. 
 
 Both — Court-house ; Cedar Creek; Hamilton's; Cleek's Mill; Williamsville ; Milton; 
 Green Valley. 
 
 Berkeley — Court-house; Billingre's Hotel; Mill Creek; Hedges ville; Falling V. 
 Bobinson's Mill ; Gerrardstown; Oak Grove; Glen Spring; Crossroads. 
 
 Boone — Court-house; Adkins'on Mud river; Adkins' on Big Coal; Lawreffl 
 Laurel's; Thompson's Mill; Miller's. 
 
 l',nirU)urt— Court-houa ; Mountain Union; I banan; Bodkj Point Mill*; 
 
 Jackson ; Junction Store; Dibrell's 8pring; Amsterdam. 
 
 Brajton — Court-house; Triplett's; Bilney' Cool's; John I fence; 
 
 Christian Moda's foi • !.• ace; Harmond's Mill ; Cunninghai ■ rry ; Stone* 
 
 Brooke— 
 Brvn 
 
 Buckingham— Court ! rdsville; Allen's 
 
346 SEPARATE ELECTION PRECINCTS. 
 
 Cabell — Court-hnus< ; (in yaadotte ; Liii.ll.v's Si<m ■ ; Bpnrlock'a; Doolittlc's Mill; Bar- 
 rett's V " rv.U of GayiAdotto; Kfllgore'a Precinct; Peter Buffiugton's. 
 
 Campbell — Places the 6amc a< fin magisterial elections. 
 
 Caroline — Court-house; Reedy Clmreh ; Oakley's; Needwood; Sparta; Pitts'; Port 
 Royal; Sycamore; Golanavflle ; Madison's. 
 
 Carroll — ( !onrt-houae ; Polly Qaesenberry's ; Thomas Qneaenberry'a; Laurel Fork; Kin- 
 ■ i ■ •• - : Baster'a; Newman's; Sulphur Springs ; Richard Haynea' j Nathaniel Haynea*. 
 
 Cktaia Citg — Court-house; Delarue's ; Ladd's; Waddell'a; Apperson's; Vaiden's. 
 
 Charlotte — Conrt-honae; Keysville; Smith's Tavern; Clement's; Wyliesbnrg; Roby's 
 Shop; Hawrey's Store ; Matthews d Smith's Store. 
 
 Ckesterfima — Conri-honae; Britton's Shop; Shell's Tavern; Manchester; Robinson's 
 Store; Clover Hill. 
 
 Ctarke — Conrt-honae; Bnsaell's Tavern; White Tost; Millwood; Royston's Tavern; 
 CoIH.t's Toll-gate. 
 
 Craig — Court-house; Carper's Tavern; Walker's Store; Scott's Tavern; Martin Huff- 
 man's ; George Sarvcr's. 
 
 Culpeper — Court-house ; Rixy ville ; Colvin's ; Stevensburg ; Pottsville ; Gathright's ; 
 Wellsborough ; Griffinsburg. 
 
 Cumberland — Court-house; Tavern Precinct ; Oak Forest; Irwin's. 
 
 Dmwiddie — Court-house; Billups'; Goodwyusvillc; Williams' Shop; Darvill'a; Wil- 
 liams'; Sutherland's. 
 
 Doddridge — Court-house; Allen's; Bond's; Key's; Davis'. 
 
 F.lizabrth ('ity — Court-house; Liveley's Ordinary ; Fox Hill. 
 
 Essex — Court-house; Occupacion; Lloyd's; Miller's; Beetland; Centre Cross. 
 
 Fairfax — Court-house; Crossroads; Arundel's; Sangster; Ross'; Dranesville; Anan 
 dale; Wesl End; Accotink; Centreville; Falls Church; Fare; Bayless; Pulman's. 
 
 Fauquier — Court-house; Plains; Salem; White Ridge; Farrowsville ; Orleans ; liberty ; 
 
 Morrisville ; Paris; New Baltimore; Bectortown; Weaversville ; Upperville. ' 
 
 Fayette — ( \iurt-housc; Blake's ; Gauley Bridge ; Fleshinan's; Lewis'; Kceney's; Ter- 
 ry's; Coleman's. 
 
 Fluvanna — Conrt-honae; Howard's Store; Columbia; Morris' Store; Kent's Store; Ha- 
 den's Store; Baahan and Snead's ; Bledsoe's; Union Grove. 
 
 Franklin — Court-house; Allen's; Union Hall; Booth's Store; MeVey's Tanyard ; 
 
 Helm's; Dickarson's; Kinsey's; Richland Grove; Bush's Store; Sydnorsville; Snow 
 Creek; Aldridge's Store. 
 
 Frederick — Court-house ; Engine-house; Gwiun's Tavern; Hoover's Tavern ; Newtown; 
 Middletown; Russell's; Anderson's; Brucctown ; Swhier's ; Cole's Sehool-house ; Pugh- 
 town. 
 
 Giles — At the same places as magisterial elections; Howe's Hotel. 
 
 ( Ulmer — Court-house; Jerkland; Burke's; Widow Stumps; De Kalb's; Peregrine Hays'; 
 Knott's; Hewctt's; Troy. 
 
SEPARATE ELECTION TRECINCTS. 347 
 
 Goochland — Cunt-house; Little .Store; Perkinsville ; Smith's Shop; Hills'; Holland's; 
 Poor's; Jennings'. 
 
 Gloucester — Places the same as for magisterial elections. 
 
 Greenbrier — Court-how.--: Blue Sulphur Springs; Lick Creek; Anthony's Creek; Spring 
 Creek; Southside; Lewisbnrg; White Sulphur; Miller's; Irish Corner; Williamsburg; 
 Frankfort. 
 
 Crune — Court-house; Puckorsville; Ten-ill Shiflett's; MeMwllnnsvillc. 
 
 OreeneevUle — Court-house; Ryland's Depot; Blunt's Mill; Poplar Mount 
 
 Halifax — Court-house; Meadeaville; Mount Cafmel; Ealifaz Springs; High Hill; Hud* 
 son's; Garrett's Store ; Whiteville; Republican Grove; Brooklyn. 
 
 Hampshire — Court-house ; John Liller's ; Miers' ; Burlington; Taylor's; Doyles' ; 
 Thompson's; Lupton's; Kisner's; Lovett's; Mrs. Offutt's; Stump's; Ferity; Sherrard's 
 School-house; Hash's; Blair's; Arnold's; Piedmont. 
 
 Hancock— -Court-house; Holliday's Cove; New Manchester; Aton's School! 
 
 Hanover — Court-house; Hughes'; Jones' Crossroads; Negrofoot; DentonsTille; Cold 
 Harbor; Ashland. 
 
 Harrison — Court-house; Shinnston ; Union Meeting-house ; West Milford; Lumber- 
 port; B i -'; Lynch's; Sardis; Swisher's Mills. 
 
 Henrico — Court-house; Kidd's; Sweeney's; Alley's; Lovingsteine's ; Dickman's; 
 Hughes' ; Walkerton ; I 
 
 Henry — Court-house; Rough and Ready; Irisburg; Oak 1 eatherwood; Ridg- 
 
 way ; Horsi Pasture. 
 
 lh<jhland—y\"\\\<\ty\ Rwekmansville ; "Wiley's; Crab Bottom ; Doe Hill ; McDowell; 
 Pullins' School-house; Gwin's. 
 
 Jackson — Ripley; Click's; Jones'; Range's; California; Depue's; Three forks ot 
 I •.'.-: Ravensw 1; Squire Steven's; MurrayriHe; ' Hill; Mc 
 
 Mill. 
 
 James duj — Court-house; Burnt Ordinary ; York River. 
 
 Jefferson — Eight disti lame as for magisterial elections. 
 
 Kanawha — Court-boUS< | 1 I. .- I Mill; 
 
 Ah/'-; Couts' Mouth; len; Fork ( H 
 
 !-, | Brool 
 
 Km? Georgt — Court-housi ; Ha I lifton; Bhfloh. 
 
 King If Qntem Court I ' villc. 
 
 King WiUiom ■Court-hot l 
 
 J.aneastir— Comt*hol i"Ji ; K iliu:m«» k ; Wl 
 
 Lewit I b; McLaugl Creek; £ 
 
 ■ 
 
 rough ; ^ rcell> 
 
 j 
 
348 BEPAXATE BLECTIOB PRECEM 
 
 L omism CavaiA Onion; Hopkins* Mill; Travilian's; B 
 
 : Terrell's si' Bumpass 1 rurnout; Thamp- 
 
 i ..in. 
 
 Lunenburg — Court-house; Brown's Store; Pleasant Grove; Knight - Mill; 
 
 I ■ him >i»<l ; Bagley's Btoro; Jordan's Store. 
 
 tfiuftsoa— Court-house; Stony Hill; Criglersvfle; Huffman's Mill: Graves 1 Mill; Ra* 
 pidan Meeting-house ; Fleshman's Shop ; Locust D 
 
 the same as those for magisterial elections, and ai I 
 
 Marshall — Court-hout ;P . .t Hill; Jones' Hotel: Bl ak's School-honse ; Parsons' 
 Precinct; Month of Fish Cn Hill; Crossroads; Sm hi i • : Bn 
 
 I'a 8chool-b ■ . ■ . 1 '■ B \ I linn < !amp. 
 
 i — Court-house: Berri Precinct; Love Precinct; Ban I \\ 
 
 [nmbia; N. • i Precinct; Eighteen Mile Precinct; Grigg's; Sixte a Mi Pi cinct; Thir- 
 Precinct 
 
 Mi -ali: irs — Same places as lor magisterial elections. 
 
 Mecklenburg— Court-house; Jones'; Edmnndson's; Clarkesville ; Reeke's; Overby's; 
 Wright's; Harwell's; Christians ville; Gillespie's. 
 
 Middlesex — Jamaica; Saludo; Sandy Bottom. 
 
 Monongalia — Court-hquse; Guseman's; Jones'; Osburn's; Ross'; Lofler 1 
 Cristiman's; Laurel Point; Cox's; Moore's River ; Tenant's; Dowall's; Warren 
 
 Monroe — Court-house; Dickson's; Miller's Store; Rollinsburg; Mrs. P< k's; Red Sul- 
 phur; Haynes' ; Centn ville. 
 
 Montgomery — Court-house; Guerrant's; Peterman's; Price's Forks; ' Crum- 
 
 ette; Kent and McConkey's ; Rough and Ready; Lovelj Mount 
 
 Morgan — Court-house ; Lowe's; Baker's; Uhger's; Hume's; Swann'e 
 
 Nansemond— Court-house; Hargrove's Tavern; Harrison's Shop; Holyneck; Chucka- 
 tuck; Somerton; Darden's Store; Cypress ChapeL 
 
 Nelson — Fortune's; New Market; Faber'sMill; M Mill; Roberts*. 
 
 .\i ic Kent — Court-house; Barhamsville ; Chandler's Store ; Ratcliff's Tavern. 
 
 Nicholas — Court-house; Taylor's; Brown's; Neil's; Dunbar's; Nutter's; Saw; 
 P on's. 
 
 Norfolk City— Font W 
 
 Norfolk County — Court-house; Glebe Scl l-house; Sycamore's; Deep Creek; School- 
 house District No. -J; School-house in Providence; Pleasant Grove School-house; Butts! 
 Road School-house. 
 
 Northampton — Court-house; Bay View; Franktown; Johnsontown; Capeville. 
 
 Northumberland — Court-house; Lottsburg; Burgess' More; Wicomico. 
 
 Nottoway — Court-house; Jennings' Ordinary; Wilson and Jones'; B lark fare. 
 
 Orange — Court-house; Barboursville ; Thomas Smith's; Thomas Rhoade's; Locust 
 Grove. 
 
 Page — Court-house; Honeyville; Oakham; George Price's Mill; Springfield; Mohler's 
 Mill; Rileys Ville; Pruuty's Mill. 
 
SEPARATE ELECTION" PRECINCTS. -149 
 
 Patrick — Court-hottse ; Robertson's; Aldridge's and Lee's; Penn's Store; Carter's S 
 Hancock's; Elamsville; Blusher's; Connor's; Bhilor's; Gates'; Mankin's. 
 
 Pendleton — Franklin; Harper's; Riser's; Vlnt's; Cowyer's Mill; Mallow's; Seneca; 
 Circleville. 
 
 Petersburg — Centre Ward ; Eastward; Smith Ward; Wesl Ward. 
 
 Pittsylvania — Court-house; Danville; Spring Garden; WhitmeH; Cascade; Smith's; 
 Beaver's; Riceville; Borer's; Strail's Store; White's; Laurel Grove; Chalk Level; 
 Mooman's. 
 
 Pleasants — Court-house; Spring Run; Sugar Creek; Pine Grove; Hale's Mill. 
 
 Pocahontas — Four districts — Places of eli ction the same as for magisti 
 
 Powhatan — Court-house; Clarke's Mill ; Macon; Sublett's. 
 
 Presto*— Brandonvuie; Miller's; Burnel's; Feather's; Summit School-house; Germany; 
 Graham's; Huddlesin's ; Kingwood; Martin's; Independence; Evansville; Nine's; Funk's. 
 
 Princess Annt — Court-house; Kempsville; London Bridge; Capp'a Shop; ( 
 ickwater. 
 
 Prince Edward — Court-house; Marble Hill; Spring Creek; Prospect; Farmville; Sandy 
 
 » 
 
 Prince Georgt — Court-house; City Point; Lilley's School-house; Tattle's Pn 
 Harris": g I', mpleton. 
 
 Prince William — Dumfries; Cole's; Occoquan; Reeve's; Brentsville; Kinchelon's; 
 ark t ; Ludley. 
 
 Pulaski — Court-house; Erown's; Galbreath's; Ruper's; Thorn Spring Camp. 
 
 Putnam — Court-house; Bailey's; Pocatalico; Alexander's; lied House; Jones'; Hur- 
 ricane Bridge ; Wheeler's; Buffalo; Eighteen Mile Precinct 
 
 Rah ms. 
 
 I i; Mini mi's; Taylor's; Kemp's; Lee. 
 
 Pnppolanniinl. — Washington; Sperryville; Yates'; Amissville; ' 
 
 nond CUg — Jefferson Ward ; '■ Ward; Monroe Ward. 
 
 I Hill; Tavern-house; Famham Church ; I 
 
 ; i. . .-. i 
 
 Murpl 
 
 ring; Banett's. 
 
 I '. . Shop. 
 
 Cot •• - Si 
 
350 SEPARATE ELECTION PRECINCTS. 
 
 .7 — Court-house; Qrisle's; Pound; Holly (' ' >untain; Oastlewood's ; 
 
 'a; Sanson's; Aaton'i Ifills; Dorton's; Bag >sou's; 
 
 Hendi 
 
 Scott — Court-house; Wineger*s; Haifa; Smith's; PuOleng's; Nickelsville; Alley's; 
 
 Osborne's Ford ; Stony Creek: Peters'; Bye Cove; Carter's; Neil's; Roll< 
 
 I 
 Shenandoah — Court-bonse ; Btrasburg; Crossroads Meeting-house; Conner's Church; 
 Town Hall; Keller's School-house; Edinburg; Colombia Furnace; Mount Jackson: 
 oada School-house; New Market; Forrestville. 
 
 Smyth — Court-house; Broad Ford; Hays'; Sanders'; St. Clai.'~ Bottom; Burton's 
 : Atkins'. 
 
 Spotsylvania — Court-house; Fredericksburg; Mount Pleasant; Andrews'; Chano 
 
 Stafford — Court-house; White Oali ; Blaster's; Tackett's Mill; Falmouth; Coakley's; 
 Harwood'a ; Acquis* 
 
 Southampton — Court-house; DrewryBville ; Crosskej-s; Joyncr's; Murfee's; Black 
 I Church; Berlin; Faison's Store. 
 
 Surry — Four districts — At the same places as for election of magistrates. 
 
 Sussex — Court-house; Comanu's Mill; Henry; Stony Creek; Newville; Owen's Store. 
 
 Taylor — Court-house; Mahaney ; Reed's; Claysville; Enottsrille; Haymond's; Fetter- 
 man ; Grafton. 
 
 Tazewell — Court-house; Repass; Tiffany's; Mouth of Slate; Gibson's; Crabtree's; 
 Litzeville; Liberty Hill; Tugg. 
 
 Tyler — Court-house ; Centreville; David John's; Hammond's; Underwood's; Dan- 
 Bistersville; Pleasant Mills. 
 
 I'jisltitr — Court-house; Reedy Mills; Simpson's Mill; Posty ; Marples; Marshall's; 
 
 1 v's. 
 
 Warren — Court-house; Boyd's Mill; Betitonville; Lean's School-house ; CedarviDe; 
 Howellsville. 
 
 Warwick — Three precincts — The same as for election of magistrates. 
 
 Washington — Court-house; Clark's; Davis'; "Waterman's; Merchant's; Gobble's; 
 Mills'; Worley's; Williams'; Morell's; Fullen's School-house; Clark's; Kelly's School' 
 house; Delusko Mills ; Ons'; Miller's; Good Hope; Green Spring. 
 
 Wayne — William ('rum's. (No other returned.) 
 
 Westmoreland — Court-house; Hague; Warrens ville; Oak Grove. 
 
 Wetzel — Court-house; Forks of Proctor; Knob Fork; Church's; Cohorn'B; Ice's 
 Willey's School-house. 
 
 Williamsburg — Court-house. 
 
 Wirt — Court-house; Poster's; Petty's. 
 
 Wood — Precincts at the same place as election for magistrates. 
 
 Wyoming — Court-house; Gad's; Rhincheart's; McKinney's; Bailey's; Lester's. 
 
 Wythe — Eight districts — Precincts at same places as for election of magistrates. 
 
 York — Three districts — Precincts at the same places as for election of magistrates. 
 
RECEIPTS AND DISBURSEMENTS. 
 
 Balance in the treasury Oct. 1, 1859, 
 
 To the credit of the commonwealth, 
 " " Literary fundi 
 
 " " Board of public works, 
 
 '• " Sinking fund, 
 
 Received from Oct. 1, 1859, to Sept. 39, 1860: 
 
 On account of tbe commonwealth, 
 " " Literary fond, 
 
 " Board of public work*, 
 " " Sinking fund, 
 
 Disbursed from Oct. 1, 1859, to Sept. P.O. 1800: 
 
 On account of tbe commonwealth, 
 " Literary fund, 
 " Board of public ■works, 
 
 Sinking fund, 
 
 Balanccon hand Oct. 1, 18 
 T<i th«- cradil el I ^wealth, 
 
 " Literary fund. 
 " " Board of public works, - 
 
 " Sinking fimd, 
 
 104,013 36 
 
 42,519 09 
 
 9,217 S3 
 
 67,1 37 72 
 
 4,188,610 27 
 
 405,518 06 
 
 1,890,417 13 
 
 2,238,409 99 
 
 4.147,218 45 
 
 388,577 82 
 
 OS S3 
 
 2,248,636 SB 
 
 139,305 18 
 
 50,469 99 
 
 4,638 13 
 
 50.91) 42 
 
 222,883 00 
 
 222,883 00 
 
 8,710,855 45 
 8,933,743 45 
 
 134 79 
 
 .08 66 
 
TABLE 
 
 Showing ike Times for the Commencement of the Regular Terms of each Circuit, 
 County and Corporation Court. 
 
 Ooun 
 
 Clreuit court*. 
 
 County and corpora- 
 tion courts. 
 
 County and corporation 
 
 Bad oorpt 
 
 Whi ii tenni commence. 
 
 Monthly terms. 
 
 courts. Quarterly terms. 
 
 
 Circuits. 
 
 
 
 
 Accomack, 
 
 5. 1st Monday in May and 1st 
 
 
 
 
 
 day of November, 
 
 Last Monday, 
 
 March, May, August, 
 
 Albemarle, 
 
 10. 2d Monday in May and Ort. 
 
 First Monday, 
 
 Do. June, do. 
 
 do. 
 
 Alexandria, 
 
 0, 3d Monday In May and 3d 
 
 
 
 
 
 Monday In November, 
 
 Fourth Monday, 
 
 Feb'y, May. do. 
 
 do. 
 
 Alleghany, 
 
 14. 9tli of April and 
 
 Third Monday', 
 
 March. June, do. 
 
 do. 
 
 
 Oth October, 
 
 Fourth Thursday, 
 
 DO. May. do. 
 
 do. 
 
 Ainli' : 
 
 1 of March and August, 
 
 Third Monday, 
 
 Do. Juno. do. 
 
 do. 
 
 Appomattox, 
 
 3. 21st April and September, 
 
 Thursday after 1st 
 
 
 
 
 
 Monday. 
 
 Do. May, do. 
 
 do. 
 
 An frusta, 
 
 11. 1st June and lit November, 
 
 Fourth Monday, 
 
 Do. do, do. 
 
 
 Barbour, 
 
 "I. 6th May and October, 
 
 First Monday. 
 
 i'". June, do. 
 
 Novem, 
 
 Bath, 
 
 11. 15th May and Oi tober, 
 
 Second Monday, 
 
 Do. do. do. 
 
 do. 
 
 F.edford, 
 
 ■l. 35th April and September, 
 
 Fourth Mou, lay, 
 
 Ft b'y, May. July. 
 
 do. 
 
 ley. 
 
 13. 24th April and September, 
 
 Second Monday. 
 
 March, June, AugUS 
 
 , do. 
 
 Boone, 
 
 15. 3d Monday after 4th Monday 
 
 Wednesday after 2d 
 
 
 
 
 in April and September, 
 
 Monday, 
 
 Do. do. do. 
 
 do. 
 
 urt, 
 
 14. Sfith May and October, 
 
 ad Monday, 
 
 1 1 .. do, do. 
 
 do. 
 
 
 19. 37th April and September, 
 
 First Tuesday, 
 
 Do. do. do. 
 
 do. 
 
 Brooke, 
 
 30. 16th Mareli and An;: 
 
 mday, 
 
 Feb'y, May, July, 
 
 do. 
 
 Brunswick, 
 
 2. 37th March and 3d of Oct 
 
 Fourth Monday, 
 
 March, do. Angus 
 
 , do. 
 
 Buckingham, 
 
 April and Si ptember, 
 
 .Second Monday, 
 
 Do, do. ,],,. 
 
 do. 
 
 Cabell, 
 
 18. 27th March ami August, 
 
 Fourth Monday, 
 
 Do. June, do. 
 
 do. 
 
 Calhoun, 
 
 19. 12th April and September, 
 
 J after 
 
 
 
 
 
 4th Monday, 
 
 Do. do. do. 
 
 do. 
 
 Campbell, 
 
 3, 18th May and Octobi r. 
 
 Second Monday, 
 
 Do do. do. 
 
 do. 
 
 Caroline, 
 
 8. 1st March and 18th Sept. 
 
 d Monday, 
 
 Fl li'y, .May, do. 
 
 do. 
 
 
 
 
 effi si June I. 
 
 Carroll, 
 
 16, Monday before last Monday 
 
 
 
 
 
 in March and An. 
 
 First Monday, 
 
 March, June, Ang't, 
 
 Novem. 
 
 Charles City, 
 
 fi. 18th May and November, 
 
 Third Thursday, 
 
 1 >■ . May, do. 
 
 do. 
 
 Char: 
 
 3. 85th March and Augnit, 
 
 First Monday, 
 
 Do. June, do. 
 
 do. 
 
 rfleld, 
 
 2. 7th May and 13th Novem'r, 
 
 d Monday, 
 
 Do. do. do. 
 
 do. 
 
 Clarke, 
 
 13. 12th May and October, 
 
 Second Monday in 
 and Ith in 
 
 
 
 
 
 ■ r months, 
 
 Feb'y, May. July. 
 
 
 Clay, 
 
 15. l"t April and September, 
 
 1 Monday, 
 
 March, Jojk . 
 
 Novem. 
 
 Craig, 
 
 14. Tuesday after 1st Monday 
 
 
 
 
 
 in March and An 
 
 Fourth Monday, 
 
 do. do. 
 
 do. 
 
 Culpeper, 
 
 10. 1st Monday June and Nov. 
 
 Third Monday. 
 
 Do. May, do 
 
 do. 
 
 ' rland, 
 
 March and A 
 
 i Monday. 
 
 July, 
 
 
 1". 
 
 
 ay after 2d 
 
 
 
 
 
 Monday, 
 
 March. Jum 
 
 Novem. 
 
 Dinniddip, 
 
 2. 20th Mai 
 
 Third Monday, 
 
 
 
 
 
 Fourth Mon 
 
 Juno, <],,. 
 
 
 1 
 
 ' 
 
 
 Da 
 
 
 '■ 
 
 II April and I2th J 
 
 sy, 
 
 do. 
 
 
 Fairfax. 
 
 ' 
 
 Third Mou 
 
 1 1 Jum. do. 
 
 
 1 
 
 ■ 
 
 
 
 
 
 in A] 
 
 day. 
 
 May, do. 
 
 do. 
 
 
 ■r. 
 
 
 
 
 
 
 
 1 
 
 do. 
 
 i 
 
 lf>. 1st 
 
 
 
 
 
 
 
 do. 
 
 do. 
 
 Fluvanna, 
 
 10. 10th April and P 
 
 lay. 
 
 ' 
 
 
 
 ' 
 
 
 
 
 
 ' 
 
 
 
 
 
 
 
 do. 
 
 
 ! 
 
 - 
 
 
 
 ' 
 
 1 
 
 ' 
 
 
 Aug') 
 
 ' 
 
 (iilm'-r. 
 
 ' 
 
 
 
 
 
 
 
 
 
 1 
 
 
 
 do. 
 
 
 
 
 
 
 ' 
 
 
 
 
 
 (.TK-nr, 
 
 
 IfSjSaMS IM efl'r -1 
 
 
 
 
 
 1 Monday, 
 
 do. 
 
 do. 
 
 
354 
 
 TIMES AND PLACES OF COURTS. 
 
 Com 
 indoor] 
 
 Circuit courts. 
 Whi ii terms commence. 
 
 County mid corpora- 
 ourta 
 Monthly terms. 
 
 county and corporation 
 courts. Quarterly terms. 
 
 lire, 
 
 er, 
 Harrli 
 
 Hardy. 
 
 Ili-nrico, 
 
 Henry, 
 
 Highland, 
 
 Wlllli 
 Jefferson, 
 
 Kanawha, 
 
 Queen, 
 • > [Uiam, 
 
 i 
 i 
 
 i 
 Loudoun, 
 
 : 
 
 iiurg, 
 Lynchburg, 
 Madli 
 
 Mari in, 
 
 Mars 'mil, 
 
 Matthews, 
 
 Mason, 
 
 M< cklenbnrg, 
 
 McDowell, 
 
 Middli 
 
 Monongalia, 
 
 Montgomery, 
 Morg 
 
 New Kent, 
 Nicholas, 
 
 NorfoU 
 
 Norfolk county, 
 Northampton, 
 Northumberland 
 
 iv ay, 
 
 Ohio, 
 Orange, 
 
 Patrick, 
 ton, 
 
 P ■ burg, 
 
 PittBj Ivunia, 
 
 ats, 
 
 Dntas, 
 Powhatan, 
 Preston, 
 
 Anne, 
 Prince Edward, 
 Prince < 
 Prince William, 
 l'ulaski, 
 
 Putnam, 
 Raleigh, 
 
 Randolph, 
 
 Circuits, 
 
 April and i'l Nov'r, 
 :i. isl day of May ai 
 
 '. i ■ rj 1 and beptember, 
 
 BO. 10th March and a 
 
 B. loth March and 26th Sept 
 2L 15th April and Beptember, 
 13. 20th April and September, 
 
 6. 83d April and October, 
 
 '. pril and September, 
 IS. 2d .May and October, 
 
 May and I8tl I 
 
 if. 2d May and October, 
 
 May and November, 
 13. 20th May and Oi I 
 
 May and Oi U 
 March and 12th Sepl. 
 B. 2d May and 19th of Nov'r, 
 B. 13th May and 25th Nov'r, 
 B. L5th April and 2d Nov'r, 
 IT. 2d Monday after 4th Mon- 
 day In April and Si pt. 
 If. Ptb .May and ( letobi r. 
 
 L5. 1st Monday after 4th Mon- 
 day In April and Sept. 
 9. 4th Monday in April and 3d 
 
 Monday in October, 
 10. 20th April and September, 
 2. L3th April and 8th < October, 
 3 3d of June and 3d Nov'r, 
 
 10. 1 St Monday Mar. and Aug. 
 
 21. 10th June and November, 
 
 20. IbI May and 1st October, 
 
 6. 6th April and September, 
 
 Lpril and 18th Sept. 
 
 \|n'il and I.Vli Sept. 
 
 L5. 27th May and < October, 
 
 17. 1st Monday Mar. and Aug. 
 \;.ril and October, 
 • of April and September, 
 
 14. 25th April and September, 
 16. 2d Monday in Apr. and Sep. 
 
 13. 6th May and October, 
 
 15. L6th April and [3th Oct'r, 
 
 10. 27th day of April and Sept. 
 
 ii. LOth May and November, 
 15. Gtli April and September, 
 
 I. Lb( June and 15th Nov'r, 
 
 1. 1st April and 28th S, pt. 
 
 5. 3d Monday In Apr. and Sep. 
 B. 9th April and 28th Oct'r, 
 
 2. 20th April and lath Oct'r, 
 
 .'. ■ . id October, 
 in. Lg< May and October, 
 
 i h April and September, 
 •I. 13th April and September, 
 13 27th Apr(] and September, 
 
 2, 23d May, Kith November, 
 i. 28th Maj and October, 
 19. 30th May and October, 
 
 14. 16th April and September, 
 
 3 2d May and 27th 
 
 !£arch and August, 
 
 May and 22d Sept'r, 
 
 :\. i.'ith March and August, 
 
 3 17th May and 12th Nov. 
 ". 2 I Monday In May and ( let. 
 
 Hi. 3d .Monday April and Srpt. 
 
 IS Mil April and September, 
 
 15. 3d M lay April and Sept. 
 
 21. 26th May and October, 
 
 Fir«t Monday, 
 Fourth Monday, 
 Fourth Monday, 
 Tuesday after U 
 
 Monday, 
 Fourth Tuesday, 
 
 nday, 
 Monday before 1st 
 
 Tuesday, 
 
 Pirsl Monday, 
 Si OOnd Monday, 
 Thursday after 3d 
 
 Monday. 
 First Mi. nday. 
 
 Second Monday, 
 
 I Monday, 
 Second Monday in 
 
 June and ( October, 
 r?d iu other months, 
 
 Third Monday, 
 
 First Thursday, 
 
 Thursday, 
 
 Fourth Monday, 
 
 Third .Monday," 
 
 Second Monday, 
 
 Third Monday, 
 
 i Monday, 
 Second Monday, 
 
 S '■■iiit M lay. 
 
 First Monday, 
 Fourth Thursday, 
 First Monday. 
 Third Monday, 
 Second Monday, 
 First -Monday. 
 Third Monday, 
 Thursday afti 
 Monday. 
 
 i Monday. 
 
 Fourth Wi di 
 
 Fourth .Mom lay, 
 Third Monday", 
 First .Monday", 
 
 Fourth M lay. 
 
 Second Monday, 
 
 Fourth .Monday, 
 
 Second Thursday, 
 bi fore 2d 
 These 
 Fourth Monday, 
 Third Monday, 
 Second Mondaj , 
 i Monday, 
 First Thursday; 
 First .Mi 
 Fourth Monday, 
 
 Fourth Monday, 
 Fourth Monday, 
 Thursday after 1 Ht 
 
 Tuesday, 
 Third Thursday, 
 Third Monday, 
 Thursday after 3d 
 
 Monday, 
 
 First Tuesday, 
 First Wednesday, 
 
 •lay, 
 First Monday. 
 Third Monday, 
 Second Thursday, 
 First Monday, 
 
 Thursday after 1st 
 
 .Monday, 
 
 Fourth Monday, 
 
 First .Monday, 
 
 Fourth Monday, 
 
 May, Augt, October. 
 June, do. Novem. 
 Do. do. do. do. 
 
 Jan'y, April. June, I 
 
 Fit, v. do, duly. Novem. 
 
 March, Jane, Aug't, do. 
 
 DO. do. do. 
 
 Do. May, do. 
 Do. June, do. 
 
 do. 
 
 do. 
 do. 
 
 ' ' y. do. < October. 
 
 Do. June, do. Novem, 
 
 I - ' h'y, do. do. do. 
 
 March, do. do. October. 
 
 Do. 
 
 do. 
 
 do. 
 
 do. 
 
 1, l,\v 
 
 do. 
 
 do. 
 
 Novem, 
 
 Marc] 
 
 , do. 
 
 do. 
 
 do. 
 
 I>o. 
 
 May. 
 
 do. 
 
 do. 
 
 Do. 
 
 do. 
 
 do. 
 
 do. 
 
 Do. 
 
 do. 
 
 do. 
 
 do. 
 
 Do. 
 
 June 
 
 do. 
 
 do. 
 
 April. 
 
 do. 
 
 do. 
 
 
 March 
 
 do. 
 
 do. 
 
 Novem. 
 
 Do. 
 
 do. 
 
 do. 
 
 do. 
 
 Do. 
 
 do. 
 
 do. 
 
 do. 
 
 Do. 
 
 May, 
 
 do. 
 
 do. 
 
 Do. 
 
 Juno 
 
 do. 
 
 i Ictober. 
 
 Feb'y 
 
 do. 
 
 do. 
 
 do. 
 
 March 
 
 do. 
 
 do. 
 
 .\'o\ em. 
 
 Do. 
 
 do. 
 
 do. 
 
 do. 
 
 Do. 
 
 May, 
 
 do. 
 
 do. 
 
 Feb'y, 
 
 Juno. 
 
 do. 
 
 do. 
 
 Do. 
 
 May, 
 
 do. 
 
 do. 
 
 March 
 
 Juno, 
 
 do. 
 
 do. 
 
 Do. 
 
 do. 
 
 do. 
 
 do. 
 
 I>o. 
 
 May, 
 
 do. 
 
 do. 
 
 Do. 
 
 Juno, 
 
 do. 
 
 do. 
 
 Do. 
 
 do. 
 
 do. 
 
 do. 
 
 Do. 
 
 do. 
 
 do. 
 
 do. 
 
 Do. 
 
 do. 
 
 Sept. 
 
 do. 
 
 
 do. 
 
 Aug't 
 
 do. 
 
 
 May, 
 
 July. 
 
 do. 
 
 .March 
 
 do. 
 
 Aug"1 
 
 do. 
 
 Do. 
 
 June, 
 
 do. 
 
 do. 
 
 F( b'y, 
 
 April 
 
 
 i October. 
 
 .March 
 
 June. 
 
 
 Nov ,-ni. 
 
 Do. 
 
 do. 
 
 Sept 
 
 do. 
 
 Do. 
 
 May, 
 
 Aug't, 
 
 do. 
 
 Do. 
 
 do". 
 
 do. 
 
 do. 
 
 Feb'y 
 
 July, 
 
 Sept. 
 
 i leoem. 
 
 March, 
 
 May, 
 
 AugM 
 
 Novem. 
 
 
 do". 
 
 July, 
 
 do. 
 
 Do. 
 
 do. 
 
 do. 
 
 do. 
 
 March. June, Sept. do. 
 
 I io. do. do. Decern. 
 Do. do. Aug't, Novem. 
 
 Feb'y, May, July. I ICtobl r. 
 March, June, Aug't, Novem. 
 
 Do. do. do. October, 
 
 Feb'j . May, July, Novem. 
 
 March, June. Aug. do. 
 
 Feb'y, .May, July, do. 
 
 March, do. Aug. do. 
 
 Do. June, do. do. 
 
 Do. 
 
 do. 
 
 do. 
 
 do. 
 
 Do. 
 
 do. 
 
 do. 
 
 do. 
 
 Do. 
 
 do. 
 
 do. 
 
 do. 
 
 Do. 
 
 do. 
 
 do. 
 
 do. 
 
TIMES AND PLACES OF COURTS. 
 
 :loo 
 
 Count i« n 
 
 Circuit courts. 
 
 County and corpora- 
 tion courts. 
 
 Monthly terms. 
 
 County and corporation courts. 
 
 and corporations. 
 
 When terms commence. 
 
 •erly tern 
 
 . 
 
 
 Circuit*. 
 
 
 
 
 Rappahannock, 
 
 9. 3d Monday in March ami 1 st 
 
 
 
 
 
 Monday in < October, 
 
 l Monday, 
 
 March. May. August 
 
 Novem. 
 
 Richmond city, 
 
 7. 1st of Nov. anil 1st M 
 
 ' 
 
 .Ian y, April, July, 
 
 Octo'r. 
 
 Richmond co. 
 
 8. 3d April and 83d October, 
 
 First Monday.' 
 
 March. May. August, 
 
 Novem. 
 
 Ritchie, 
 
 19. 15th April and September, 
 
 Tuesday after 1st 
 
 
 
 
 
 Monday, 
 
 Feb'y, June, do. 
 
 do. 
 
 Roane, 
 
 18. 17th May and October, 
 
 first Monday, 
 
 April. Jul}-. 
 
 
 Roanoke, 
 
 11. W< dnesday after -4 1 li Mon- 
 
 
 
 
 
 day in March and * 
 
 Third Monday, 
 
 March, June, August, Novem. 
 
 Rockbridge, 
 
 11. 12th April and September, 
 
 Monday 1" fore 1st 
 
 
 
 
 
 day, 
 
 do. da 
 
 do. 
 
 Rockingham, 
 
 12. nth May and October, 
 
 Third Monday, 
 
 Feb'y, May, do. 
 
 do. 
 
 Russell, 
 
 17. 4th Monday April and 
 
 Tuesday after 1st 
 
 
 
 
 
 Monday, 
 
 March. Juno, do. 
 
 do. 
 
 Scott, 
 
 17. 3d Monday after 4th Monday 
 
 
 
 
 
 April and September, 
 
 Tut sday after 2d 
 
 
 
 
 
 Monday, 
 
 Do. do. do. 
 
 do. 
 
 Shenandoah, 
 
 12. 30th March and August, 
 
 Monday before 2d 
 
 
 
 
 
 Tut sday, 
 
 Do. do. do. 
 
 do. 
 
 Smyth, 
 
 17. 1st Monday April and Sept. 
 
 - r iHt 
 
 
 
 
 
 Monday. 
 
 Do. do. do. 
 
 do. 
 
 Southampton, 
 
 i May and 7th October, 
 
 Third Monday, 
 
 Do Bo, do. 
 
 do. 
 
 Spotsylvania, 
 
 i 
 
 First Monday. 
 
 Do. do. do. 
 
 do. 
 
 Stafford, 
 
 9. 4th Monday March ani 
 
 Third Wednesday, 
 
 I ' do. do. 
 
 do. 
 
 Staunton, 
 
 - - - 
 
 Wednesday aft* r 1st 
 
 
 
 
 
 Monday, 
 
 Feb'y, May, Jnly, 
 
 
 Surry, 
 
 L inth May and 25th October, 
 
 Fourth Monday, 
 
 March, do. August 
 
 
 - 
 
 1. 24th April and 29th October, 
 
 First Thursday. 
 
 Do, do. do. 
 
 
 Taylor, 
 
 21. 4th March and Angnit, 
 
 Fourth Monday, 
 
 Do. June, do. 
 
 Novem. 
 
 Tazewell, 
 
 17. Last Monday March and Aug 
 
 W< dn< -day after 1st 
 
 
 
 
 
 Monday, 
 
 Feb'y, May. July, 
 
 
 Tuek'T, 
 
 SHL 22d May and October, 
 
 Third Monday, 
 
 March. June. August 
 
 V>\ elll 
 
 Tyler, 
 
 I April ami s, ptember, 
 
 Second Monday, 
 
 Do. do. do. 
 
 do. 
 
 Upshur, 
 
 21. 4th April and September, 
 
 Third Monday, 
 
 D do. do. 
 
 do. * 
 
 Warren, 
 
 5th March and August. 
 
 Third Monday. 
 
 i»o. May, do. 
 
 do. 
 
 Warwick, 
 
 n. 21st March and s. ptember, 
 
 1 Monday, 
 
 1 N June. do. 
 
 I »• cem. 
 
 ■Washington, 
 
 17. 2d Monday April and - 
 
 Fourth Monday, 
 
 Do. do. do. 
 
 Novem. 
 
 "> 
 
 18. 20th March and August. 
 
 
 
 
 
 
 Monday. 
 
 1' do. do. 
 
 
 '■' 
 
 15. 14th April and September, 
 
 Fourth Tuesday, 
 
 do. 
 
 do. 
 
 Westmoreland, 
 
 Hh March and 18th 1 
 
 Fourth Monday. 
 
 April, May, do. 
 
 do. 
 
 ■ 
 
 90. L2th April and September, 
 
 Tuesday after 1st 
 
 
 
 
 
 Monday. 
 
 Feb'y, do. July. 
 
 
 Williamshnrp. 
 
 th May and November, 
 
 Fourth Monday. 
 
 March. June, August 
 
 Novem. 
 
 Wlnchi 
 
 - - - 
 
 First Saturday, 
 
 1'' May. do. 
 
 
 Wirt, 
 
 19. 3d April and September, 
 
 TUI -day aft> r 4th 
 
 
 
 
 
 Monday. 
 
 June, do. 
 
 do. 
 
 ' 
 
 17. 1st Monday after 4th Mon- 
 
 
 
 
 
 day in April and Sept. 
 
 Fourth Monday. 
 
 March, do. do. 
 
 do. 
 
 \ 
 
 19. 5th .lane and November, 
 
 Third Monday. 
 
 do. do. 
 
 
 tog, 
 
 15. 4th Monday April and Sept. 
 
 Friday after :(,| Mon- 
 
 
 
 
 
 day. 
 
 do. do. 
 
 
 ■ 
 
 " lay May md 
 
 
 Do. 
 
 
 York, 
 
 6. 26th March an'! 9 
 
 Third Moie: 
 
 Do May do. 
 
 
INDEX. 
 
 ADJUTANT GENERAL. 
 Rate of pay allowed, 58 
 
 ADKTNS, ENOCH. 
 
 Amount of forfeited recognizance re- 
 mitted, 310 
 
 ALBEM VRLE AND FLUVANNA. 
 Boundary line of, 151 
 
 Act of i-"' , '> amended, 151 
 
 Commissioners, l-"W 
 
 Th' ir linti' S, l"'l 
 
 ALBEMARLE COUNTY. 
 Volunteer company of cavalry in, 246 
 
 Of what number company to consist, 248 
 
 ALEXANDRIA CITY. 
 To organise a battalion, 348 
 
 Proviso, 246 
 
 ALEXANDRIA, MOUNT VERNON AND 
 A< COTrNK TURNPIKE COMPANY. 
 
 I ed Btock, 214 
 
 Stock already issued, 214 
 
 How amount made up, 21 1 
 
 Duty of company to replace stock, Ac. 214 
 
 ALEXANDRIA AND WASHINGTON 
 RAIL ROAD. 
 
 ption, how <>]« a* 206 
 
 Rail road from Alexandria to Washing- 
 
 - of company declared valid 
 AMBLEB < H. AND I OAL t OMPANY. 
 
 I •■ d. 
 
 to appoint agents, 
 .1 Btock, 
 
 my, 
 
 When act takes effect, 
 Semi-annual reports, 
 
 2H7 
 267 
 
 panted, 
 Privili . 
 
 ' 
 i 
 \ 
 
 ■ 
 
 
 AMHERST AND NELSON WOOLEN 
 
 MAXrFACTURING COMPANY. 
 
 Incorporated, 283 
 
 ANDERSON, MARY. 
 Enslavement of, 
 
 APPROPRIATIONS 
 
 For deficiency in former appropria- 
 tions, and for defraying expent 
 tlie general assembly and conven- 
 tion now in session. 
 
 What appropriated, 
 
 General assembly, 
 
 of genera] assembly, 
 
 Allied Thornton, 
 
 Richard Matthews, 
 
 William Osborne, 
 
 Fires and furnaces in capitol, 
 
 Convention, 
 
 Interest on public debt, 
 
 Interest to literary fund, 
 
 Comparing polls, 
 Salaries of judges, A C 
 Temporary clerks in auditor's office, 
 Slaves sentenced for crime, 
 Com i 
 
 inspectors, 
 Adjutant general, 
 
 Virginia military Instil 
 Defaulting of 
 
 nis military institute, 
 Pnblic guard, 
 Distribution of arms, 
 
 ible property, 
 
 • lunatic asylum. 
 
 Eastern lunatic asylum, 
 
 ' luits, 
 
 1 ipitol, 
 
 ! : 
 
 1 I i public offii 
 
 1 
 
 1 
 
 252 
 
 20 
 20 
 21 
 21 
 21 
 21 
 21 
 21 
 21 
 21 
 21 
 21 
 21 
 •J I 
 21 
 21 
 
 22 
 
3-53 
 
 INDEX. 
 
 I 
 
 .Jcilm Brow d 
 
 da and clai 23 
 Fuiit ral expenses of George W. Hop- 
 kins, S3 
 Apartments for convention, 23 
 A. W. McDonald, 28 
 Northwestern Lunatic asylum, ',':'> 
 Appropriations nol to exceed formal 
 appropriations by general or special 
 acts, 23 
 ral provisions, 23 
 What to constitute general fund, 24 
 For wli.it purpose, S I 
 Duty of auditor, 24 
 Limitation us to decrees and judg- 
 ments, '-' 1 
 Payments to Btate institutions, how 
 
 made, 24 
 Appropriating one million of dollars 
 
 for the defence of the Btate, 28 
 Duty of colonel of ordnance as to pur- 
 chase of arms. 28 
 How munitions, &c. obtained, 28 
 Amount appropriated for arms and 
 
 munitions, 28 
 How distributed, 28 
 Engineer to be employed, 28 
 Plans to be submitted to governor, 28 
 Arsenals to be established, 28 
 Sites for coast, river and harbor de- 
 fences, 28 
 Amount appropriated, 28 
 
 ARMING MILITIA. 
 
 County courts authorized to arm militia, 3f> 
 
 l'ro\ 35 
 Power to appoint agents to negotiate 
 
 loans, 35 
 
 Authorized to levy on lands, :'•■"> 
 
 Restriction, 35 
 
 Issue of bonds legalized, 35 
 
 Vote of majority of justices necessary, 36 
 
 To apply to all counties accepting it, 36 
 
 Cities may 'avail themselves oi it, llii 
 Begulations for preservation and return 
 
 of arms, 36 
 
 ARMORY. 
 
 Superintendent of, to rent quarters, B7 
 
 Amount appropriated, 37 
 
 Of Berkeley Border Guards, SM- 
 ARMS. 
 
 To be issued to an academy, 250 
 
 ASBURY (TOWN OF). 
 
 Incorporated, 187 
 
 Bouno 1 H ~ 
 
 Officers. 187 
 
 Commissioners, 187 
 
 Sergeant, how appointed, 187 
 
 BALTIMORE AND FREDERIC KSBURG 
 
 STEAM BOAT COMPANY. 
 Incorporated, 275 
 
 Capital, 
 
 When meeting to be held, 
 
 Direct 
 
 Quorum, 
 
 • al. 
 
 B state, 
 
 President, how appointed, 
 By-laws, »v c. 
 General proi '.- 
 
 276 
 276 
 276 
 276 
 276 
 276 
 
 276 
 277 
 
 BANE OF THE COMMONWEALTH. 
 
 To establish a branch at Monaskon, L3S 
 
 Charter amended, [35 
 
 BANK <>r Till". VALLEY IN VIRGINIA. 
 To establish a branch in the city of 
 
 Richmond, 130 
 
 BANK OF VIRGINIA. 
 
 Charter extended, &*L 126 
 
 BANKS. 
 
 An act for the relief of the banks of this 
 
 commonwealth, 123 
 Suspension of specie payments legalized, 123 
 
 Limitation as to time, 123 
 
 Charters not forfeited, 123 
 
 Proviso, l-l 
 Bank notes receivable in payment of 
 
 public dues, 124 
 
 When banks may resume, 124 
 
 mption law repealed, 12 1 
 
 Banks, when to furnish specie, 124 
 
 Proviso, 124 
 
 Exchange, 124 
 
 Penal i 125 
 
 t lode amended, 126 
 
 Bank may loan money, 125 
 
 What interest it may take, 125 
 
 Penalty, 125 
 New banks, when to go into operation, 125 
 
 Fxccptions, 125 
 Act to extend the charter of the Bank of 
 
 Virginia, 125 
 
 Act or L856 amended. 125 
 
 Charter extended for '20 years, 126 
 
 Subject to existing laws, 126 
 
 Act of L856 amended, 126 
 
 When act to take effect, 126 
 An act to extend tin- charter of tin' 
 
 Farmers Bank of Virginia, 126 
 
 Section 1 of act of 1856 amended, 126 
 
 ( !harter extended for 20 years, 126 
 
 Subject to existing laws, 126 
 
 Section 9 of act or 1856 amended, 127 
 
 When act to take effect, 127 
 An act to extend the charter of the Ex- 
 change Bank of Virginia, 127 
 Section I of act of 1856 amended, 12! 
 
 ( 'barter extended for "ill years, 127 
 
 Subject to existing laws, 127 
 
 Section o of act of 1856 amended, 128 
 
 When act to take effect, 128 
 An act to extend the charter of the 
 
 Bank of the Valley in Virginia, 128 
 
 Section I of act of 1856 amended, 128 
 
 Charter extended for 20 years, 128 
 
 SubjeCl lo existilie- laws, 128 
 
 Section !» of act of 1856 amended, 128 
 
 When act to take effect, 128 
 
INDEX. 
 
 359 
 
 Act to extend the charter of tlic North- 
 western Bank of Virginia, 
 Section I of ad of 1856 amended, 
 Charter extended, 
 Subject to existing laws, 
 Section 9 of act of 1856 amended, 
 
 Winn act to take effect, 
 
 Act to extend the charter of the Mer- 
 chants and Mechanics Hank of 
 Wheeling, 
 Section I of act 1856 amended, 
 Charter extended for 20 Tears, 
 Subject to existing laws. 
 Section 9 of act of 1856 amended, 
 When act to take effect, 
 Act amending the '-M section of an act 
 authorizing the Hank of the Valley 
 in Virginia to establish a branch in 
 the city of Richmond, 
 mended, 
 Mode of raising capital stock, 
 Act establishing a branch hank at the 
 town of Jefferaonville in the county 
 
 Of Tazewe]], 
 
 What hanks may establish branch, 
 Capital stock, 
 How i 
 
 Management, 
 Subject t" ixistincr lav 
 Act to extend the charter of the Cen- 
 tral Bank of Virginia, 
 I B60 amended, 
 Duration of charter, 
 Authorised to establish branches, 
 
 < ; il stock, 
 
 ll"'\\ 
 
 I tors, 
 
 < i] stock may be increased. 
 
 Act to enable the Mention. . Bank or 
 the Hank of the Commonwealth to 
 blisfa an office of discount and 
 deposit at Monaskon in the county 
 of J i iter, 
 What bank may establish branch, 
 • • .1 stuck, how rait 
 
 nt. 
 Tenure of office of directors, 
 Subject to exist 
 
 Act to authorise tin Merchants Hank 
 Lynchburg and the Montii 
 Bank to establish branchi - at o r- 
 
 Mish bran< 
 v 
 
 < tal, 
 
 orporate the Bank of Par- 
 
 t 
 
 ■ d, 
 
 I 
 
 I I 
 
 i; 
 
 nt. 
 orthwi 
 
 129 
 129 
 129 
 129 
 129 
 129 
 
 130 
 
 130 
 130 
 L30 
 130 
 L30 
 
 130 
 L30 
 
 131 
 
 131 
 
 B 
 
 131 
 
 131 
 131 
 
 131 
 131 
 131 
 132 
 132 
 132 
 132 
 132 
 
 132 
 132 
 132 
 
 132 
 133 
 
 133 
 ] 33 
 133 
 133 
 
 133 
 
 134 
 134 
 
 134 
 
 13} 
 
 Specie draft, how used, 134 
 
 In case of refusal to accept specie draft. L35 
 
 Not subject to act of 1858, 135 
 
 Ag« ncy, hew changed, 135 
 Act to amend the charter of the Hank 
 
 ef the Commonwealth, 135 
 Certain sections of act of 1853 repealed, 135 
 Section '.* amended, 136 
 Duration of charter, 136 
 When treasurer may transfer certifi- 
 cates of securil 1 31 
 When the residue thereof, L36 
 When bond I" be taken, 136 
 Bond to have force of a judgment, 136 
 
 When execution may issue, 136 
 
 Act to amend the charter of the Bank 
 
 of Scottsville, 137 
 
 Certain sections of act of 1852 repealed, 137 
 
 Section r> amended, 137 
 
 When treasurer may retransfer certifi- 
 cates of securities, 137 
 When residue thereof, 
 
 When bond taken, 137 
 
 Force of judgment, 137 
 When execution may issue, 
 
 Notes. 137 
 
 Quarterly statement, 
 Directors. 
 
 Subject to repeal, A c. 138 
 
 Aet to amend the charter of the. Hank 
 
 of the Old I lominion, 138 
 
 i d sections of act of 1851 re- 
 pealed, 138 
 
 Certificates of debt, how retransferred, 138 
 
 Notes to be canceled, 
 When residue deli 
 
 Bond to be executed, 1 38 
 Force of a judgment, 
 
 Execution, how issued, 138 
 
 of circulation, 139 
 Quarterly statement, 
 Directors, 
 
 Act to amend the charter of the Hank 
 
 of Commerce at Fredericksburg, 139 
 
 Certain sections of act of 185] re- 
 pealed, 139 
 
 Duration of charter, 140 
 
 1 tow < -• rtificatea of debt of 
 
 retra 140 
 
 Residue, how Mian-fi HI d. 1 10 
 
 Bond to be i secuted, 140 
 
 To ha'. 140 
 
 When execution may 
 
 Denomination of i 140 
 
 Qua] : Dt, &C. . I |0 
 
 Number of dire. | 
 
 h r of the Hank 
 
 chiiippi, ni 
 i i re- 
 
 • d. Ml 
 II..™ a r t it: 
 
 ■ le. Ill 
 
 How ; ;od. 1 11 
 
 Bond, ited. 1 11 
 
 lent. 1 11 
 J 11 
 111 
 111 
 1 1 1 
 
360 
 
 INDEX. 
 
 Act to amend the charter of the Ifi - 
 chants Bank of Virginia, 
 tain a ctions of acl of 1851 repealed, 
 Certificates of Btock, dec. how retrane- 
 ferable, 
 
 • , how retransferred, 
 Bond i" be executed, 
 
 of judgment, 
 Execution, how issued, 
 Denomination of notes, 
 
 amend the charter of the South- 
 er* st mi Bank of Virginia, 
 Certain sections of act of 1852 repealed, 
 Duration <>i" charter, 
 How certificates of state stock, &c re- 
 
 t ran> '■ 
 
 Residue, how retransferred, 
 Bond to be executed, 
 Force of a judgment, 
 How execution may issue, 
 Act to amend the charter of the Bank 
 Of Howardsville, 
 
 Certain sections of acl of 1866 repealed, 
 How certificates of state Btock, ».Vc. re- 
 transferred, 
 
 Nob B, li<>\\ canceled, 
 
 Residue thereof, 
 Bond tu lie executed, 
 Force of a judgment, 
 Execution, how issued, 
 I denomination of notes, 
 Number of directors, 
 Act tu amend the charter of the Bank 
 of Richmond, 
 
 Act lit' I Hil I amended, 
 
 State securities deposited with treasurer, 
 Notes, how issued, 
 
 \ bow cam rled and reissued, 
 
 A'i t" amend the charter of the Bank 
 
 of < Charleston, 
 Charfa r extended, 
 
 and discounts, 
 Ci rtilicates Ht' deposit, &c. 
 Denomination of notes, 
 Quarterly statements, 
 Directors, how chosen, 
 Ad to amend the charter of the Danville 
 
 Bank, and to authorize branches for 
 
 the same, 
 
 Act <if I ".",»; amended, 
 
 Amount of paper circulation, 
 
 While branches may be established, 
 
 Capita] stuck, how provided for, 
 
 Minimum capital, 
 
 Act to repeal an act passed April 2d, 
 [858, entitled an act requiring the 
 hanks of the commonwealth to re- 
 sume Bpecie payments, 
 
 Act of 1858 repealed, 
 
 Act to authorize the treasurer of the 
 state to destroy certain bank notes 
 now on deposit in his office, and 
 
 SUCh as may lie received in future, 
 What notes treasurer authorized to de- 
 stroy, 
 
 Act concerning coupons, 
 
 Winn stale treasurer absolved from 
 
 liability, 
 Proviso, 
 
 142 
 
 142 
 
 L42 
 L42 
 142 
 L4S 
 L42 
 142 
 
 L43 
 
 14:( 
 L43 
 
 143 
 1 i:: 
 L43 
 1 13 
 L43 
 
 111 
 ill 
 
 111 
 111 
 111 
 111 
 144 
 J 11 
 141 
 144 
 
 145 
 145 
 
 145 
 145 
 145 
 
 L46 
 146 
 L46 
 l 16 
 146 
 146 
 14G 
 
 147 
 147 
 147 
 147 
 147 
 147 
 
 117 
 147 
 
 11- 
 
 148 
 
 148 
 
 148 
 11- 
 
 red bonds only to be taken as 
 
 irity for hank circulation, 
 
 BATH TOWN OF). 
 
 1854 ana D 
 
 When election to be held, 
 
 Board of trusl 
 
 President of hoard, 
 
 Powers, 
 
 Not a member of county court. 
 
 Appeals, how taken. 
 
 When first election is t,, be held, 
 How conducted, 
 
 148 
 
 189 
 
 i~:: 
 i-.; 
 183 
 183 
 
 l-:: 
 l-:: 
 183 
 
 BERKELEY r.nKUKK GUARDS 
 ARMORY. 
 Books, how opened, 3 16 
 
 ( lompany incorporated. 
 
 Payments on subscriptions, 249 
 
 BER K E LEY SPRING S SAVINGS BA N K . 
 Incorporated, 
 
 BERRYVILLE AND CHARLESTOWN 
 9 TURNPHCE. 
 
 Act of 1858 amended. 69 
 
 Superintendent of road, how appointed, 69 
 
 To take oath and give bond, 03 
 
 BETHANY (TOWN OF). 
 
 Act amended, 107 
 
 Officers, 197 
 
 BIRTHS, DEATHS AND MARRIAGEa 
 
 Code amended, 43 
 
 Duties of clerks as to marriage licenses. 4:*. 
 Form of license. 43 
 
 Record of tacts to be made by clerk, ■!'.'• 
 
 I hny of minister, 43 
 
 Duty of clerk in relation to certificate of 
 mini 43 
 
 ( lopy of register to be transmitted to au- 
 ditor, 44 
 
 : r of births and marriages to be 
 
 transmitted to auditor, . 44 
 
 Penalty of clerk, 44 
 
 BLACKSBURG, CATAWBA CREEK & 
 FDSCASTLE TURNPIKE COMPANY. 
 
 Act Of I860 amended. 66 
 
 Books, by whom opened, 66 
 
 Route <>f road, 66 
 
 Toll -ales, how creeled, 67 
 
 Company, when incorporated, 67 
 
 State subscription, 67 
 
 BLACK I.K'K AND PLASTER BANK 
 TURNPDIE COMPANY. 
 
 Branch road authorized, ^65 
 
 Act amended, 65 
 
 Road to be divided, 65 
 
 Routes, 65 
 
 Costs to he computed, 65 
 
 state subscription, 65 
 
 Width of branch road, 66 
 
 BLANCH, WILLIAM H. 
 
 1 damages refunded, 335 
 
 Conditions, :;:;i; 
 
 Sheriff mot released, 336 
 
INDEX. 
 
 361 
 
 BLAND COUNTY. 
 
 Boundaries, 45 
 
 Commissioners to locate county build- 
 hips, 4fi 
 When to meet, 46 
 Their report, 46 
 County court to provide for payment 
 
 of land. & C. 46 
 
 Compensation of commissioners, 47 
 
 Commissioners to district county, Arc. 47 
 Officers of county , when and by whom 
 
 elected, 47 
 
 Duties of justices, 47 
 
 Presiding justice, how chosen, 47 
 
 Election of officers, how chosen, 47 
 
 C missioner of revenue, when term 
 
 commences, l~ 
 ii8sk>nera of Qili b, Wythe and 
 
 Tazewell to make separate lists of 
 
 property in Bland, 1- 
 
 School quota, how apportioned, 46 
 Dllties of slieritl's of Qiles, Tazewell 
 
 and Wythe, 48 
 Courts of said counties, their jurisdic- 
 tion, 48 
 County of Bland attached to 16th 
 
 judicial circuit, 48 
 - subject to militia duty to be 
 
 termed into a regiment, 48 
 rial, congressional and electoral 
 
 districts, vote for members of house 
 
 48 
 
 When comity courts to be held, 49 
 
 Duty of sur\' 49 
 
 Road '■ 49 
 
 What courts to lay road levies, 49 
 
 missioners, 49 
 
 When first county court to bo held. 41) 
 
 BOARD <>r PUBLIC WORKS. 
 To appoint commissioners to report 
 venous losses sustained by indi- 
 viduals. 324 
 
 BOOTH, MOSES <;. 
 
 i : conditions, 333 
 
 8 
 
 BROOKE AND HA1 OUNTTES 
 
 lUtmi Lows "/. 
 : amended, 816 
 
 Who to work roads, 
 
 BROWNING, 
 
 I 
 
 BROWNE GAP TURNPIKE COM 
 
 aded, 910 
 
 i V! 1 « i 
 
 Dunty coin • ' 21 1 
 
 BU< EUNGHAM ' "I \ I V 
 
 |;i i:mm, BPRING AND "11. T 1M 
 i URNPIKE < OMPANY 
 
 ( lompany incorporated, 
 Summer or side road, 
 
 200 
 909 
 
 IUKNINC SPRINGS AND OIL LINE 
 
 RAIL ROAD COMPANY. 
 
 Commissioners, 206 
 
 Capital stock, 906 
 
 When company incorporat. .]. 207 
 
 Company power to borrow mi i 907 
 
 Incorporated company may subscribe, 207 
 
 When company may complete organi- 
 zation, 207 
 
 BURT, WILLIAM POTTER, AND 
 OTHERS 
 
 Authorized to hold lands in Virginia, 966 
 
 CABELL COUNTY PETROLEUM 
 COMPANY. 
 Incorporated, • 310 
 
 Capital stock, 310 
 
 Real estate, 310 
 
 Rail roads, &c. 310 
 
 CACAPON AND NORTH BRANCH 
 TURNPIKE. 
 Preamble, 64 
 
 Road transferred, 
 
 Assent of private stockholders, < '■•"> 
 
 Proviso, 65 
 
 CAMERON (TOWN OF). 
 
 Incorporated, 198 
 
 < Officers, 198 
 
 Duties of mayor, 198 
 
 Powers of council, 198 
 
 Taxation, 
 
 Order and good government, 
 
 Officers to he chosen by council, 
 
 Duties of Bergeant, 199 
 
 I >utie~ of tn a-urer, 199 
 
 Rate of taxation, 
 County jail. 
 
 Commissioners to superintend elections, 900 
 CAN \\. A NAVIG LTIOM < OMPANIE8. 
 
 Little Kanawha navigation com] .. 
 charter of, 
 
 I860 amended, 
 
 Books, how opened, and hy whom, and 
 whi 
 
 k, 
 If insufficient, how increased, 
 ", 
 
 ma] company, 70 
 
 ble, 70 
 
 Title of a gr e e ment of oontn 
 
 ilc to conn 70 
 
 be formed. T I 
 
 •y and frai 
 and Kanawha 
 
 .1 
 ' I 
 
 ' 1 
 Depth A /I 
 
 71 
 
 1 1 
 
362 
 
 INDEX. 
 
 1 . ks, size of, 
 
 Deptfa of '■■ 
 
 How Kanawha river to 1"' improved, 
 
 of water between Richmond and 
 Buchanan, 
 Of Tide water connection and Richmond 
 
 St to be issued to stockholden in 
 James river and Kanawha company, 
 
 What interest to be paid th< i 
 
 I of stockholders, 
 
 tolls i" l"- regulated, 
 
 Proviso .-I- to tolls, 
 
 How lulls lessened below minimum rates, 
 
 Management of company, 
 
 nt and directors, bow appointed, 
 
 1 [ow president appointed, 
 at Richmond, 
 •it Paris, 
 
 Who to constitute board, 
 
 Proceedings to be secorded in English, 
 
 When company to be organized, 
 
 When to commence operations, 
 
 When to complete improvement, 
 
 No power to create a ben, nor sell with- 
 out consent of general ussi-mbly, 
 
 Semi-annual payment into the treasury, 
 
 One million of dollars to be deposited, 
 
 When deposit to be returned, ami on 
 what conditions, 
 
 When deposit to be paid as damages, 
 
 What, if company fail to comply with 
 its contract, 
 
 What to be paid for extension of time, 
 
 Power of general assembly to remit for- 
 feiture, 
 
 Bond issued by act of 18(30 for improve- 
 ment of Kanawha river, when* to be 
 repaid, 
 
 Whi n James river and Kanawha com- 
 pany t«> convey its pioperty to the 
 Virginia canal company, 
 
 How Virginia canal company may dis- 
 charge itself from annuity, 
 
 As to European stockholders, 
 
 One general meeting annually in Rich- 
 mond, 
 
 When agreement binding, 
 
 How delay prevented iu commencement 
 of works, 
 
 Attestation, 
 
 Company incorporated, 
 
 i ue .if Virginia (.'anal Company, 
 
 Limitation as to real estate, 
 
 I; ictions as to trailing, &c. 
 
 As to manufactures, 
 
 By-laws ami regulations, bow made, 
 
 Not u> subscribe to stock of other com- 
 panies, 
 
 Restrictions as to liens, 
 
 Kanawha improvement, 
 
 How directors appointed, 
 
 How long to continue to have control, 
 
 When Virginia canal company to be 
 
 vested with rights of .la 9 river 
 
 and Kanawha company in Kanavi ha 
 river, 
 
 When mortgage of state to he released, 
 
 Precedent conditions of conveyance, 
 When conveyance to be made, 
 
 76 
 
 Pending sui 30 
 
 When state's interest to he transferred, BO 
 
 When mortgagee to he released. -1 
 
 Rights of n.w company after transfi r, 31 
 
 Annuity to the state, 81 
 
 Interest to he paid to stockholders, -I 
 
 When to (. -| 
 
 Capital stock. 89 
 
 of what composed, B -' 
 
 I low Btoch to he renewed, 88 
 
 Proportion, 38 
 What, when one share i< held. 
 What to constitute part of minimum 
 
 capital, 38 
 
 How honks .if subscription opened, 33 
 When minimum capital obtained, li»ct to 
 
 he certified, 
 
 Duty of Board of public works, 33 
 
 Mow capital may he increased, 33 
 
 1 1"\\ stuck transferred, 33 
 James river and Kanawha company to 
 
 transfer as trustee tor stockholder, 83 
 If not applied tor in live years, how 
 
 applied, 84 
 
 Stock personal estate, 84 
 Governments not permitted to be stock- 
 holders. 84 
 Transfers of stock in foreign office to bo 
 
 certified. 84 
 Foreigners to he subject to tribunals of 
 
 Virginia, 84 
 How meeting of stockholders convene' 
 
 Winn incorporation to commence, 85 
 
 Winn annual meetings to he held, 85 
 
 Called meetings, 85 
 
 Meetings, how constituted, 85 
 
 Proxies, how appointed, ^> 
 
 Proceedings to he kept. 36 
 
 Votes, 
 
 How, upon stock transferred within 
 
 Bixty da] s. 86 
 
 President and directors, 86 
 
 How appointed, ~ ,; 
 Appointment of president to be approved 
 
 by the governor, 86 
 Vacancies, how tilled, >ti 
 Duties and powers of president and di- 
 rectors, 87 
 Quorum, 8? 
 How proceedings recorded, 87 
 Journal, 87 
 Books of accounts, S7 
 Subject to inspection, 87 
 < Mfice at Richmond and branch at Paris, 87 
 Meetings of hoard of directors, 87 
 Officers, 88 
 linn, Is, 88 
 How compensation of president and 
 
 directors fixed, 88 
 Stock of delinquents, how payment 
 
 enforced, 88 
 
 How disbursed, 88 
 Remedy, if stock sells for less than 
 
 amount, 88 
 
 Winn Btoch assigned, 88 
 
 Who owner, 88 
 
 European parties, 89 
 
 How transfers made, 89 
 
 How new certificates Issued, 89 
 
 1 How lost certificates renewed, 89 
 
INDEX. 
 
 363 
 
 Surveys, 
 Restrictions, 
 Seal esti te, 
 
 A III- milt to lie held. 
 
 Canal to Greenbrier river. 
 
 How much land may be held, 
 
 Reservoirs, 
 
 When land to 1"' sold, 
 
 Lands along line, 
 
 Proviso, 
 
 Assessors, 
 
 I low appointed, 
 
 Vacancies, 
 
 Oath of assessor, 
 
 Duty of assessors, 
 
 t<> im ner, 
 Report of assessors, 
 Where report returned. 
 How confirmed, 
 
 What dune in case of disagreement, 
 How, when report confirmed, 
 What may be d.me pending proceed- 
 ings, 
 
 In ease injunction may be awarded, 
 "When owner may apply to assessors, 
 Duty ol 
 
 i dings in court, 
 
 Title vested, 
 Right of appeal, 
 
 ] >amag< b tor unforeseen injuries, 
 Damages tor wanton injuries, 
 Change of location, 
 Lands condemned, to revert upon 
 change of location, 
 
 Not to occupy streets in a town with- 
 out consent, 
 Company may cross n a 
 How alteration in road may lie made. 
 
 Works of canal company, how crossed, 
 B ation tor connecting works, 
 
 • to materials, 
 i.' 
 
 \ • rs, how appointed, 
 Tlieir duty, 
 
 in court. 
 1 )uty ot oners, 
 
 Tlieir report. 
 I 
 1 . how removed, 
 
 I I improvement, 
 
 I I rk, 
 iond dock, 
 
 I. hoik] to I.yncliliurp, 
 \ i inpany ne,; 
 
 with Rivanna navigation company, 
 I ' in Lynchb 
 
 1' 
 
 I 
 
 w 
 
 1' 
 
 I 
 
 I' 
 
 
 1 gton, 
 
 I 
 
 rtfa and width of | 
 k<- and dams, 
 awha river. 
 
 69 
 
 DO 
 90 
 90 
 90 
 90 
 ltd 
 90 
 90 
 91 
 91 
 91 
 91 
 
 !»1 
 91 
 
 99 
 
 92 
 :t:: 
 93 
 93 
 93 
 
 93 
 93 
 '.'I 
 94 
 94 
 94 
 94 
 94 
 94 
 96 
 
 96 
 95 
 
 95 
 95 
 
 96 
 96 
 98 
 98 
 
 96 
 96 
 
 :»: 
 
 '.'7 
 
 97 
 
 '.i? 
 :•- 
 '.•- 
 
 Bine Ridge turnpike, 101 
 
 Repairs and preservation of turnpikes, 101 
 
 Width and depth of caual, l<l| 
 
 Towpaths, 101 
 
 Tidewater connection, 101 
 
 Repairs, 108 
 
 Dredge boats, 102 
 
 Changes of line, LOB 
 Alteration to he r e ported to Board of 
 
 I ml die works. 103 
 
 Power of Board of public works, LOS 
 
 Injunction. 102 
 
 How alteration may he made, 103 
 
 Change of line, LOS 
 
 1 low may he made, 103 
 
 How change may he made west of the 
 
 bany, 103 
 Navigation, how long may be inter- 
 rupted. 103 
 When notice to he given to the Poard 
 
 of public works, 103 
 
 Penalties, 104 
 
 When works to he commenced, L04 
 
 When completed, 104 
 
 Sum to he deposited. L04 
 
 When to he returned, 105 
 
 Proviso, 105 
 
 Failure to complete work, l".~> 
 When deposit to he paid as damages, 
 When property to revert to James 
 
 river and Kanawha company, 105 
 When meeting of James river and 
 
 Kanawha company to he enlivened. L05 
 Extension allowed to Virginia canal 
 
 company, 106 
 
 General assembly powerto extend time, lot; 
 
 Commissioner, how appointed, 106 
 
 Rights and privili 106 
 
 Report of proceedings, how instituted, 106 
 
 ( lommissioner to examine lii L06 
 
 Peport. L06 
 
 Proceedings thereon, l"T 
 
 Work free for use, L07 
 
 ii of ten miles, I "' 
 Pivers, 
 
 Kanawha turnpike, L07 
 Bridges and fen 
 
 Tolls, how regulated, 106 
 
 Rate thereof, 106 
 
 Company may reduce tolls, 106 
 ToUl on Kanawha river, 
 Tolls on tumpiki -. 
 ( »n bridges, 
 
 Toll on boats and | LOS 
 I i quartazry, or 
 
 omuting toils. 
 Exemptions from toll, 
 Greene 
 
 \ ] in 
 
 i l in 
 
 Who to pay toll. Mo 
 
 :rt. [10 
 I M 
 
 Who i aempt, 1 1" 
 
 i no 
 
 ii" 
 
 l H 
 
 bea, ill 
 
 111 
 
 What : 111 
 
3G4 
 
 tnent of pai 
 i lulls to be published, 
 
 to 1"- paid, 
 Forfeiture, if not paid, 
 I > u t y of collector, 
 Penalties on collector, 
 
 •v for failnre to pay over, 
 how colli I 
 Damaj 
 
 l on troops, 
 i - on Kenan ha rh 
 Provisions for enforcing colli . 
 Attachments, how sued out, 
 
 Powi r of receiver of tolls, 
 
 ! . v - 
 Penalty t'<>r Bhipping without paying 
 
 tolls'. 
 
 Dh idenda, 
 
 Net profits not to exceed 16 per cent 
 
 Annuity to state, -when to be paid, 
 
 Two and a half per cent, to private 
 
 When property t" be sequestered, 
 
 Duty of attorney general, 
 
 Property, how seqnesfa ted, 
 
 i ' iver appointed, 
 
 How, in case of failnre to pay stock- 
 holders, 
 
 How dividends to other parties paid, 
 
 Dividends, where to be paid, 
 
 Dividends ti> be credited against debts, 
 
 When directors liable for illegal divi- 
 dends, 
 
 of dividends, 
 
 Uncalled for dh idends, 
 
 Inspectors of boats, 
 
 1 toes and harbor masters, 
 
 Their duties. 
 
 When control of harbor master o 
 
 Duties of dock masters, 
 
 Penalty for refusing to obey dock mas- 
 ter, 
 P< ace, hew preserved, 
 
 ptions from working on roads, 
 From militia duty, 
 
 Bights of navigation, 
 
 Limitation as to dams, 
 Fish traps, 
 Buoj s, 
 
 'US, 
 
 BingB, 
 
 how used, 
 
 Water power, how sold, 
 Water for armory, 
 
 I ■ 9 of state. 
 
 When report to be made, 
 Duty of Board of public works, 
 Penalty for failure to make report. 
 Failure to report, how proceeded for, 
 
 Taxation. 
 
 ( lompany, when to organize, 
 When chatter may be abrogati d, 
 Disposition of property when corpora- 
 tion is dissoh ecf, 
 When dames ri\ ar and Kanawha oon> 
 
 panj restored to its rights, 
 Deed of James river and Kanawha 
 
 Company, when to be enforced, 
 
 Bights of private stockholders, 
 
 Of 6tate, 
 
 INDEX. 
 
 
 ill 
 
 How. if Board of public works i 
 
 
 111 
 
 
 188 
 
 LIS 
 
 
 
 112 
 
 « LPPEB SPRINGS COMPANY, 
 
 US 
 
 porated, 
 
 
 112 
 
 Lands and property, 
 
 Capital stock. 
 
 •,•::? 
 
 112 
 
 
 IIS 
 
 personal estate, 
 
 
 118 
 
 < tffil 
 
 
 118 
 
 
 
 113 
 
 CARROLL MINING Wl> MANUFi 
 
 113 
 
 TUBING COMPANY. 
 
 
 113 
 
 Lncorporati d, 
 
 301 
 
 113 
 
 Powers of company, 
 
 
 113 
 
 Real estate, 
 
 
 
 Capita] stock. 
 
 
 lit 
 
 Officers of company, how managed, 
 
 306 
 
 lit 
 
 Authority of president and directors, 
 
 < mice, when held. 
 
 309 
 
 114 
 
 309 
 
 II 1 
 
 CASEY, CHARITY. 
 
 
 LI 5 
 
 Bighf of estate transferred. 
 
 
 [15 
 
 Proviso, 
 
 330 
 
 115 
 
 
 
 115 
 
 CENTRAL BANK OF VIKM.IM A 
 
 115 
 
 See 
 
 L31-2 
 
 115 
 
 CHAMBERS, BOBERT. 
 
 
 116 
 
 Securities released, 
 
 :;::;» 
 
 116 
 
 
 
 116 
 
 (11 LNCELLOR, THOMAS. 
 
 
 
 "Wharf may he erected. 
 
 866 
 
 116 
 
 
 
 116 
 
 CENTRAL SAVINGS BANE OF 
 
 THE 
 
 117 
 
 CITY OF RICHMOND. 
 
 
 11? 
 
 Incorporated, 
 
 388 
 
 117 
 
 
 
 117 
 
 CHARLESTON (BANK OF). 
 
 
 117 
 
 See 
 
 146 
 
 117 
 
 CHARLESTON (TOWN OF). 
 
 
 II- 
 
 Chattel- amended, 
 
 171 
 
 1 18 
 
 Corporate limits, 
 
 171 
 
 1 18 
 
 Municipal authorities, 
 
 171 
 
 1 18 
 
 Tow n incorporated, 
 
 171 
 
 119 
 
 Corporate powers, where vested, 
 
 171 
 
 II!) 
 
 Tow a sergeant, 
 
 171 
 
 119 
 
 By \\ hom officers elected. 
 
 17.". 
 
 119 
 
 Term of office, 
 
 17.". 
 
 119 
 
 Qualification of maj or, & c. 
 
 175 
 
 119 
 
 When alecflon held, 
 
 17.-. 
 
 120 
 
 Who may vote. 
 
 177. 
 
 120 
 
 \ J. .nicies. 
 
 177. 
 
 120 
 
 Vh a voce voting, 
 
 177. 
 
 120 
 
 In case of a tie. 
 
 177. 
 
 121 
 
 ( lontested election, 
 
 17.'. 
 
 121 
 
 Oath of officers, 
 
 IT.'. 
 
 121 
 
 When former council superseded, 
 
 176 
 
 L21 
 
 When mayor. Ac to enter on duties, 
 
 176 
 
 L21 
 
 When new election held, 
 
 176 
 
 121 
 
 Vacancy in council, 
 
 17.; 
 
 L22 
 
 Quorum, 
 
 178 
 
 
 Journal to he kept, 
 
 I7(i 
 
 122 
 
 Proceedings to he read, 
 
 17(1 
 
 
 Who to vote in council, 
 
 177 
 
 L22 
 
 Powers of council, 
 
 Power to pass ordinances and establish 
 
 177 
 
 122 
 
 wharves. 
 
 177 
 
 183 
 
 Annual estimate of expenses 
 
 177 
 
 183 
 
 On whom levy to bo assessed. 
 
 177 
 
INDEX. 
 
 3G-5 
 
 Town licenses, 179 
 
 Revenue, how collected, 179 
 
 Powers of Bergeant, 179 
 
 Lii ii on real estate, 179 
 
 Delinquent real estate) how sold, IT: 1 
 
 Shows, & a. ln.iv be prohibited, b-'ii 
 
 Bonds of "ii' 180 
 
 Duties of mayor, his compensation, L80 
 
 Duties of record' r, 180 
 Who is to act in case of absence of 
 
 major and recorder, 181 
 
 Duties <■(' sergeant, 1 81 
 
 His compensation, 181 
 
 Moneys, how paid over, 181 
 How money recovered from treasurer 
 
 on failure to paj over, 181 
 
 Oaths of offii i--' 
 Remedy against sergeant fur neglect 
 
 of duty.' 182 
 Town and citizens exempt from poor 
 
 rate A i [62 
 
 Former powers of town continued. 1 -J 
 
 CHESTERFIELD CAB, LOCOMOTIVE 
 
 AND A« I B K ULTURAL IMPLEMENT 
 COMPANY. 
 
 See - 2*5-6 
 
 CHR1 BT I A NSBTJRQ (TOWN 
 Corporate limits. 
 Offio 
 
 Pow» i of council as to sergeant, 
 Quorum, 
 
 < Mliir officers, bow appointed, 
 Powers of council, 
 
 Appeals, how taken. 
 Exempt from county roads, 
 
 Code, chapter M. 
 
 OF). 
 
 President and directors, 298 
 
 Annual meeting, 
 
 Office in New York, 298 
 
 COMMISSIONERS. 
 
 Of Virginia to peace conference at Wash- 
 ington and to southern states, 36 
 
 Amount to commissioners to peace con- 
 ference. 36 
 
 Allowance to John Tyler, liii 
 
 ' issioners to president and to the 
 
 sect ded - : 36 
 
 ITow paid, '.',7 
 
 Joint resolution concerning, to meet com- 
 missioners from other Stan :'>o7 
 
 To audit and pa] ol invasion 
 
 at Harpers Ferry, 341 
 
 Resolution, 341 
 
 COMMISSIONERS OF REVENUE. 
 
 When county court m;iv allow commis- 
 sioners to qualify, 56 
 
 Limitation as to time, Mi 
 
 Provisions as to bonds of commissioners, 56 
 
 COMMONWEALTH'S CLAIM 
 
 To real estate reli ssi d, 
 
 325 
 
 COMMONWEALTH'S INTEREST. 
 
 In rail road and st e; i m boat companies, <"d 
 Companies authorized to purchase stock . 61 
 Object thereof, 61 
 
 COMMONWEALTH'S SAVINGS BANK. 
 
 Of Richmond, incorporated, 
 
 < ONAWAY, JOHN. 
 
 1-7 
 188 
 188 
 188 
 188 
 [89 
 
 189 
 
 l-:i Board of public works to appoint com- 
 
 I-:' 
 189 
 
 < OAL AND mil COMPANY OF 
 BRAXTON. 
 
 294-5 
 
 Euoa 
 
 at allowed t and house 
 
 of delegal 57 
 
 • i l ; < i«-\ 01 A STATE. 
 ition upon, 
 
 
 MM! i:< E BANE 
 
 130-40 
 
 ( ODE OP vntoiNii 
 
 ble, 
 
 Amount ap] 
 
 < OL1 i:\im MINING \M> MAND- 
 
 I \< I i i;i\«. < OMPA1 
 
 my, 
 
 I: ;• A 
 
 <#vod in pnvmn 
 
 w 
 
 
 missionen to assess damsj 
 Th<'ir report, 
 
 < ONNELL, JAMES B . ET AL. 
 Amount appropriated, 
 Erroneous assessment, for what years, 
 
 CONVENTION 
 
 To provide tor electing members of a 
 mention and corn • ne I 
 
 Duty ot 
 
 When el< i tion held, 
 
 c to the ]" ople of the action of 
 tion. 
 
 Mow poll to be i,' 
 
 I >utv of ofti 
 Returns, how made. 
 Number ol m< ml» r<-. how cl 
 
 Who eligible, 
 
 Who I.' 
 
 How 
 
 I 
 
 ' ■ Id. 
 
 '' 
 
 Li}* M I Si ]■ 'ii 1 k-. 
 
 3ie 
 
 318 
 
 84 
 
 ■.'1 
 '24 
 
 84 
 
 25 
 85 
 86 
 
 86 
 
 26 
 
366 
 
 INDEX. 
 
 imation by the governor, 
 ' ,ct. bow dutribnti d, 
 
 WKTS. 
 
 Governor to employ on puMk bulld- 
 
 . A c. 
 
 •j: 
 
 344 
 
 CORONER'S INQUE81 
 In counties of New Kent, Charles I 
 
 263 
 When juron I pay, 889 
 
 COUNCIL OF RICHMOND CITY. 
 T<> construct mil roads, 807 
 
 Act of I860 amended, 
 Wlin may construct rail roads, 
 
 :n Richmond, 908 
 
 Win ii rail mails to be COmp] 
 
 
 ( Ml I'.ins. 
 
 COURTNEY, JAMES R. 
 Securities released, 
 Sheriff not released, 
 
 148 
 
 333 
 333 
 
 COVE CREEK LEAD, COPPER AND 
 [RON MANUFACTURING COMPANY. 
 Incorporated, 309 
 
 I :1 stock, 309 
 
 Real estate, 310 
 
 COVINGTON AND OHIO RAIL ROAD. 
 Joint resolution for relief of contractors 
 on, 341 
 
 CROLLY. HUGH, ET AL. 
 Preamble, 
 
 Suit, how proceeded in, 
 
 CROXTON, WILLIAM 8. 
 Amount refunded to persona] repre- 
 sentative of, 
 
 See 
 
 DANVILLE BANK. 
 
 329 
 329 
 
 ::-.'- 
 
 147 
 
 DANVILLE CIRCUIT COURT. 
 Act of I860 Amended, 38 
 
 Time of holding circuit court of Dan- 
 ville, 38 
 
 DANVILLE (TOWN OF). 
 Who may be employed on streets, 1-1 
 
 Vagrants, 184 
 
 DANVILLE KAIL ROAD COMPANY. 
 I860 amended, 60 
 
 J iter, ase of stuck, 60 
 
 Route of road, 60 
 
 DAVIS*, THOMAS K. 
 
 Securities released; conditions, 334 
 
 Sheriff not released, :v.\\ 
 
 DEAF, DUMB AND BLIND NEGROES. 
 Institution incorporated, 245 
 
 Power to purchase real estate 245 
 
 How managed, 246 
 
 DEFORD, BENJAMIN AND ISAAC 
 Amount appropriated, 381 
 
 Erroneous assessment, 381 
 
 County court to i at, 381 
 
 DELINQUENT LANDS 
 Duty of auditor to collect, 55 
 
 Upon failure, how luita may be insti- 
 
 tlllnl. 
 
 Where broug h t, 66 
 
 Proceedings therein; duty uf court. 
 Amount t" be paid to the credit of the 
 
 Literary fund, 
 Proceedings aa against sheriffs, dfco. 66 
 
 DELmQUENT TAXES. 
 Of the year I860, 
 Joint resolution! concerning, 
 
 DISSOLUTION OF THE UNION. 
 
 Join! resolution concerning the posi- 
 tion of Virginia In event of, 337 
 
 DIVORCE. 
 
 Code aiuendi-d, 41 
 
 How decree for divorce revoked, 41 
 
 How divorce a vinculo may be had du- 
 ring a divorce a inensa it thorn, 49 
 
 EHEXKZER ACADEMY. 
 Trustees authorised to sell, 
 Money, bow appropriated, 
 
 EDMUNDS, CELIA 
 Preamble, 336 
 
 Jurisdiction of circuit court of Fauquier 
 
 county, :'."l 
 
 How decree changed, 331 
 
 See 
 
 ELLCTlnN I'hT.t 1M IS. 
 
 345 
 
 ELK RIVER TURNPIKE COMPANY, 
 ( lapital increased, « »T 
 
 liiiuks of subscription, how opened, 67 
 
 Proviso, (»7 
 
 EXPRESS COM LAN V (SOUTHERN 
 
 See 
 
 EUBANK, E. N. 
 Amount appropriated for relief of, 
 
 31 t 
 
 r.xciiAM.i: hank of Virginia. 
 
 See 127 
 
 Amount appropriated to pay for lost cou- 
 pons. 32] 
 Security, ::-ji 
 
 FAIRFAX, STAFFORD AND KING 
 GEORGE. 
 To prevent trespasses, &c. on tbo waters 
 
 of the Potomac, & o. 259 
 
 Act of I860 amended, 259 
 
 Penalty for hunting, &c. 259 
 
 PARLEY, PAUL A. 
 
 Amount appropriated. 
 
 312 
 
INDEX. 
 
 367 
 
 FAYETTE OIL AND COAL COMPANY. 
 
 li rporated, 304 
 
 Powers of company, :; "t 
 
 Capita] stock, _ 305 
 
 Real .-.Mate, 805 
 General powers, 
 
 Rail i' :; ""' 
 
 FRANKFORT (TOWN OF). 
 Act of 1858 amended, 
 
 Offici 200 
 
 Ho •• chosen, 800 
 
 nt to give bond, 
 
 FARMERS BANK OF VIRGINIA. 
 
 See 126 
 
 FARMERS AND MECHANICS INSU- 
 RANCE COMPANY OF THE CE X 
 OF RICHMOND. 
 
 porated, 216 
 
 Capital stock. 218 
 
 Upon what insurance may be made, 218 
 
 Funds, how inv - 218 
 
 Policies, how in\ i 21 ~ 
 
 Policies, how bind 21 8 
 
 Affairs of company, how managed, 218 
 
 is, 219 
 
 Agents, how appointed, 219 
 
 i 219 
 
 be in nature of bank 
 
 219 
 
 FARMVTLLE AND BUCKINGHAM 
 
 ]•! \\K ROAD COMPANY. 
 
 1 852 amended, 215 
 
 Company incoip rato d, 215 
 
 Width and grade of road, 216 
 
 FIFTEENTH JUDICIAL CIRCUIT. 
 
 I860 amended, 39 
 
 FISHER] 
 
 tion of, in Chesapeake ami its 
 
 itaries, below tide water, 
 < prohibited, 257 
 
 Comp 
 
 : • is improp rly i 
 
 Additional pi naif 
 
 11. lit HER, MAST. 
 
 i nl of, 
 
 
 FLUVANNA AND ALBEMARLE 
 
 161 
 
 11 iv w\\ com 
 
 Authn 
 
 t<. ni lun- 
 
 1 ESB. 
 
 REIGNERS. 
 
 ■ - 
 
 
 
 Quantity. 
 
 How lands may p 265 
 
 FORFEITED LANDS. 
 See 55 
 
 S» Di linqnent Lands. 
 
 FOWLKES, PARSHA A. & JOSEPH C. 
 Amount appropriated, 318 
 
 FREDERH KSB1 RGAND BALTIMORE 
 STEAM BOAT I OMPANY. 
 
 275 
 
 FREDERICKSBURG (TOWN OF). 
 rate limits extended, L98 
 
 Boundaries, 194 
 
 FREE NEGROES. 
 
 Their voluntary enslavement without 
 compensation to the commonwealth, 
 
 How free persona of color may enslave 
 themseh i 
 
 Procei dings in court, 68 
 
 Court may decree enslavement with- 
 out compensation to the state, 52 
 not to i" come chargeable, 52 
 How, as t" children of enslaved ne- 
 
 Bonds to be givi n, 52 
 
 ■ dings i" be enter* '1 of record, 53 
 Claim to sen ice of children t<> be en- 
 
 tered of record. 53 
 How, as to children who have been 
 
 bound sait. 53 
 
 Acts inconsistent hi rewith rep 53 
 
 GARLAND, THOMAS. 
 
 Enslavement of, 
 
 
 NERAL HARRY I.i 
 Am<mnt appropriated to remove re- 
 mains 
 Whi re remains to be carried, 
 
 GILMER "it, Mi\!\<. AND MANU- 
 FACTURLNG < OMPANY. 
 
 OLIVES 
 
 ement of, 
 
 GOVERNOR 
 
 ''•• n. 
 
 How p 'lid. 
 
 Authoi 
 
 ■ 
 Anth< ''ill. 
 
 & 
 
 GUANO IND PLASTER OF PAB 
 
 111 
 uild mill, 164 
 
 1 1 
 

 INDEX. 
 
 GUYANDOTTE (TOWN OF). 
 
 Chart. I 
 
 184 
 
 Municipal authoril 
 
 l-l 
 
 T.iw D 
 
 l-l 
 
 How «••• ] ■. term of office, 
 
 1-:. 
 
 . council, 
 
 186 
 
 1 
 
 186 
 
 of election, 
 
 1-:. 
 
 < ■ lections, 
 
 185 
 
 \ incy in council, 
 
 i-:, 
 
 Quorum, 
 
 186 
 
 P inncil, 
 
 186 
 
 Mayor justice of ] 
 
 186 
 
 Compensation, 
 
 186 
 
 1 A ontinm d, 
 
 186 
 
 Comn Bon, 
 
 186 
 
 HALL, M. C. 
 
 
 menl release d, 
 
 ::::■.- 
 
 Judgment, how settled, 
 
 :;:;■_' 
 
 HAMPSHIRE COUNTY. 
 
 
 1 lion of leather, 
 
 2C2 
 
 HA KM »V AND PAGE. 
 
 
 < til courts, 
 
 38 
 
 Code amended, 
 
 38 
 
 12th circuit, 
 
 38 
 
 HARPER, JOSEPH W. 
 Amount refunded, if paid into the 
 
 treasury, 315 
 
 HARVEY, NATHANTELgp. 
 
 Amount appropriated for relief of, 312 
 
 HEBREW BENEVOLENT SOCIETY. 
 
 < candria, incorporated, 243 
 
 bold property, 2 13 
 
 Rules and regulal 2 1 1 
 
 Aii subject to repeal, 2 1 1 
 
 HENRICO COUNTY. 
 Ad tn provide for taking the sense of 
 the people of, upon gii ing authority 
 to tin- county court to raise by loan 
 money for arming the county, 
 Commissioners t" open polls, 
 Result of -\ "i.-, how certified, 
 
 ] >utv of court, 
 
 As to repayment, 
 Duty of sheriff, 
 
 HOGE, CHARLES A., ET AL. 
 Reassessment of lands authorised, 
 To l»- according to present value, 
 J low entered on commissioner's boosts, 
 How certified to auditor, 
 
 HOLDEN, CHARLES (Deceased). 
 Commissions and damages refunded, :::'.'; 
 
 246 
 246 
 
 'Jin 
 246 
 246 
 246 
 
 317 
 
 317 
 317 
 
 ::I7 
 
 HOLLAND, MRS. LUCY. 
 Amount refunded t". 
 
 317 
 
 HOME MINIM: AND MANUFACTUR- 
 ING COMPANY. 
 Incorporated, 306 
 
 Powers of company, 306 
 
 Capital stock, 
 
 Subject to pxi« ring laws. 
 
 306 
 306 
 306 
 306 
 
 HOME >A\ INGS BANK 
 
 In the city of Richmond, inc irporated, 230 
 
 Capital, " 230 
 
 Subject to repeal, 230 
 
 HOPKINS A CAMPBELL. 
 Amount appropriated for reli< I 
 
 311 
 
 HOWARDSVD1LEANDSCOTTSVIJ 
 Towns of, to raise a battalion, - .'17 
 
 HOWARDSVILLE (BANK OF). 
 
 See 111 
 
 HUGHES 1 CREEK OIL AND COAL 
 COMPANY. 
 
 See 292 
 
 HUNLEY, THOMAS M. 
 Qualification and bond made legal, 327 
 
 ( jffice not vacated, 327 
 
 INDEPENDENCE MALL AND FEMALE 
 
 COLLEGE. 
 
 Incorporated, '-' :;:; 
 Control of college, 
 
 Duties of treasurer, 
 Stock, how raised, 
 
 Minimum and maximum, 
 
 Who to have interest. 
 
 Stock personal estate, '-' I 
 
 TOWN OF ENDEPENDEN4 E 
 
 Town incorporated, 193 
 
 Officers, 193 
 
 Powers of council, 193 
 
 l'residi lit of council, 193 
 
 Powers of justice of peace, 193 
 
 i lommissioners, 193 
 
 INSPECTION OF LEATHER 
 
 In Hampshire, 262 
 
 Inspector, how appointed, 262 
 
 Duties of, 262 
 
 Brands; fees, 269 
 
 ( iounterfeiting brands, &c. -'»;•,> 
 
 I Nsl BANCE ( '< )M1'A.N V < H'TI I E STATE 
 OF \ IRGINIA AT RICHMOND. 
 
 Act amended, 227 
 
 Name of company, 221 
 
 Sights and privileges, 'Jv.'7 
 
 Capital stoek, 227 
 
 INTERNAL IMPROVEMENT. 
 
 Code amended, 41 
 
 Toll to be paid, 41 
 
 What officer may examine on oalli, 41 
 
 What penalty for false swearing, 41 
 
 1 >uty of collector as to violation of act, 41 
 
 JACKSON AGRICULTURAL SOCIETY. 
 Incorporated, 2b0 
 
INDEX. 
 
 369 
 
 Powers of company, 280 
 
 Directors, how appointed, and number, 280 
 
 JACKSON ORPHAN ASYLUM OF 
 NORFOLK. 
 
 Act amended, 241 
 
 As\ linn incorporated, 241 
 
 int and managers, 242 
 
 How appointed, 242 
 
 Officers, how appointed, 242 
 
 Books of accounts, 242 
 
 Annual m< eting, 242 
 
 Othi r meetings, 242 
 
 Power to hold real estate, 242 
 
 Rules ami regulations, 243 
 
 Orphan children, 2413 
 
 JACKSON, WILLIAM G. 
 
 Preamble, 322 
 
 Second auditor to issue his warrant, 322 
 
 Security to he taken, 323 
 
 JAMES RIVER CANAL COMPANY. 
 
 60 
 
 JAMES l.Tvr.R SHOE AND LEATHER 
 
 MANUFACTURING COMPANY. 
 ft e 
 
 JAVINS, THOMAS. 
 
 Amount appropriated, 320 
 
 Bow due, 320 
 
 JEFFER80N COUNTY, DISTRICT 
 FREE SCHOOLS OF 
 
 Act amendi 1. 240 
 
 Duty of hoard, 240 
 
 Clerk anil treasurer, 2 In 
 
 Bond, ami penalty, 240 
 
 1. dy upon bond, . 240 
 
 • 
 JEFFERSON [NSURANCE COMPANY 
 
 OF ALBEMARLE. 
 
 A' t amendi d. 219 
 
 i . how invested, 219 
 
 bow held, 
 
 .11 1TI Kfi NTY. 
 
 with sheriff of, how made, 
 
 .11 1 111. 
 
 of, amount appropriated for cx- 
 peDO I attending, 
 In whose f&Tor, 58 
 
 JOHNSON, 1 DWARD 
 
 Amount appropriati '1 I 
 
 i 9, J \Mi 
 
 Amount appropri 
 
 Amount ap] 
 
 Eta 
 
 ■ W 1 1 A .- ' 
 24 
 
 315 
 
 311 
 
 
 BH 
 
 KING, WILLIAM W. 
 
 Board of public works to appoint com- 
 missioners to report losses sustained 
 
 by, 324 
 
 Oath of commissioners, 324 
 
 KNOB TURNPIKE. 
 
 Act of [860 amended, 03 
 
 Koute of road, (*>4 
 Capital, G4 
 When incorporated. (il 
 How construct! d, 64 
 Court of Washington county may sub- 
 scribe, 64 
 State subscription, 64 
 Pavnu nts pari passu, 64 
 
 KENO. 
 
 Code of Virginia amended, 40 
 
 Keno included among prohibited games, 40 
 
 LAUREL VALLEY COAL AND OIL 
 COMPANY. 
 
 In the county of Mason incorporated, 300 
 
 Capital stock, 300 
 
 Real estate. 300 
 
 Rail roads, 300 
 
 LAYNE, A. C. 
 Commonwealth's right released to, 
 
 323 
 
 LEESBURG AND ALDIE TURNPIKE 
 COMPANY. 
 
 Comn 212 
 Pout. 212 
 Company incorporated, 212 
 Width of road, 212 
 Toll gates, 212 
 County court of Loudoun may sub- 
 scribe, 213 
 
 LEESBURG \M» POINT OF BOCKS 
 I URNPIKE COMPANY, 
 
 Conn. 213 
 
 il stock, lis 
 
 Route of ra 
 Company incorpoi 213 
 
 Width of road, 813 
 
 Toll g 
 
 County of Loudoun may subscribe, 214 
 
 LEW18BURG FEMALE IHSTITU ' J E 
 
 uicnded, 
 
 limit \-n<'N OF 3UTT8, 
 
 ■ haoy 
 
 1 '■ d. 42 
 
 Time within w 1 may bo 
 
 br o u g h t, u 
 
 N 
 
 y 
 
 Eh ■■ ;• lotion to. 
 
 LI il \ MINUS 
 
 ■,' ii RING I "Ml"' 
 See 
 
370 
 
 INDEX. 
 
 LITTLE KANAWHA NAVIGATION 
 IIPANT. 
 Bei 
 
 I OST I OUPONS 
 
 Bat 
 
 
 LOUDOUN ( "IN IV /' 
 
 ' 
 
 316 
 
 w 
 
 216 
 
 •pointed, 
 
 •J 17 
 
 \ 
 
 217 
 
 1 
 
 ■,M7 
 
 . 
 
 'J 17 
 
 j or, 
 
 'J 17 
 
 Accounl 
 
 'J 17 
 
 A l • .- 1 1 ; i ■ t to ! ■ ;■ ■ lh< 1. 
 
 '.'17 
 
 Timber and b( 
 
 •J 17 
 
 M \ \ 1 !'■ LSI l.l 
 
 
 
 •14 
 
 of lunatic asylums, 
 
 11 
 
 II NENBURG ( OUNTY. 
 
 Authorized to appropriate certain 
 money t" uniform and i gu 
 un(c» r compai 
 
 247 
 
 I w HI : Rl IRMS AND ENGINE 
 
 MANUFACTURING 1 OMPANY. 
 
 Incorporated, '-'71 
 
 Object, '-374 
 
 Capital, '371 
 
 \ wi> COMPTON. 
 Amount appropriated for relief of, 316 
 
 Pmvi -i J *> 
 
 VI WTFAC'ITIMNO COMPANIES. 
 Virginia boot and Bhoc manufacturing 
 
 npany incorporat l. 281 
 
 if subscription, 
 In what stock may be paid, 
 r company, 
 
 r i of business to be made known, 282 
 r boot, Bhoe and leather 
 manufacturing company incorpo- 
 rated, 
 Capital stock, 
 
 a of company, 
 / how appointed, 
 
 I 
 
 Amhcrsl and Nelson woolen manufac- 
 turing company Lncorporal 
 
 k, 
 
 ( ' i cotton and woolen company 
 incorpoi i 
 
 Seal i 284 
 
 ( tal, 284 
 
 Rocky point lime and marble manu- 
 facturing company incorporated, 
 
 Capital Btock, 
 
 Virginia car Bpring company incorpo- 
 rated. 
 
 Chesterfield car, locomotive and agri- 
 cultural implement manufacturing 
 company incorporated, 285 
 
 Commissioners, 286 
 
 Capital, 
 
 of company, 
 
 B 
 
 Funds, bow invi 
 
 2^6 
 
 2-v, 
 
 Southern manufacturing company in- 
 
 286 
 
 A 287 
 
 1 stock. 
 Stock may be Issued for purchase of 
 
 real- 287 
 
 • affairs of company, 283 
 M LRION MAGNETIC EROH COMPANY. 
 
 Incorporated, 306 
 
 Capital stock, 9 '7 
 
 Real estate, 
 
 Powi rs of company, 
 
 Rail roads, 307 
 
 Id \KION (TOWN OF). 
 Commissioners. 
 Election provided for, 
 Power of trustees, 
 
 U \l THEWS, FANNY. 
 
 Enslavement of, 
 
 MARYSVILLE PLANK ROAD 
 COMPANY. 
 
 Sale of, confirmed, 
 
 201 
 201 
 
 254 
 
 69 
 
 MAsox city minim; AND MANU- 
 FACTURING COMPANY. 
 In the county of Mason, 302 
 
 Capital, 
 
 Seal • 302 
 
 MARYLAND AND VIRGINIA COAX 
 
 Oil, COMPANY. 
 In the count vol Taylor incorporated, 296 
 
 Capital stork, 
 
 B ioks of subscription, 
 
 i Ql and direct. itB, 
 
 Seal .state, 
 
 Rail roads, 300 
 
 Bow Stock tnmsferrcd, 300 
 
 Sco 
 
 McCUNH. I'ATRICK. 
 
 329 
 
 oil 
 
 321 
 321 
 321 
 
 Mcdonald, angus w. 
 
 lution giving bim right to publish 
 certain manuscripts, 
 
 McGUTRE & CO., JAMBS G. 
 
 Audi; warrant, 
 
 Amount, 
 
 Security to be taken, 
 
 Ml DOWELL (COUNTY OF). 
 Former acts repealed, 51 
 
 Election to be held on 1th Monday in 
 
 May to determine location, 51 
 
 Location determined on, in case, of a 
 
 majority not being given for either, 51 
 
 MANCHE8TEB SAVINGS BANK. 
 In the town of Manchester, 229 
 
 Incorporated, 229 
 
INDEX. 
 
 371 
 
 MECHANICSVILLE TURNPIKE CO. 
 
 Act of 1817 amended, 209 
 
 Company incorporated, 210 
 
 Remedy against stockholders, 210 
 
 MERCHANTS BANK OF LYNCHBURG. 
 
 To establish branches at certain places, 133 
 
 MERCHANTS BANK OF VIBQINIA, 
 
 Sec 143 
 
 MERCHANTS AND MECHANICS BANK 
 
 OF WHEELING. 
 See 130 
 
 MERCH ANTS SAVINGS BAN K 
 
 Of Richmond, 230 
 
 Incorporated, 230 
 
 Capital, 231 
 
 METHODIST DISTRICT PARSONAGE 
 In Salem, 259 
 
 Authorised to borrow money, 259 
 
 Amount tn be b orro we d , 259 
 
 I'ROFOLIT.W GUARD OF RICH- 
 MOND. 
 
 Commissions, 240 
 
 Proviso, 249 
 
 Imli -pi ndent organization, 
 Commissions, when may be withdrawn, 249 
 
 MILITIA 
 
 Code amend) d, 30 
 
 Dental musters, 31 
 
 Company musters, 31 
 
 Code amended, 31 
 
 Trainings of officers, where held, 31 
 
 i 31 
 
 llnw changed, . -!l 
 
 Trainings, by whom conducted, 31 
 
 When held, 31 
 
 \' may be issued, 111 
 
 l!l 
 
 i inspect arms, 3 I 
 
 militia organized as a battalion, 31 
 1 1 mmer and filer, 
 Drum and fife, win n obtained, 
 I 
 
 quipments, 
 N 
 
 tickets made out and collected, 
 
 ■ enquiry, 
 
 I i sheriff, 
 
 I a fund foi <>f militia 
 
 3-'l 
 
 I loot 
 ol tl 
 
 tising 
 
 Claims i.l ' rs and for 
 
 _'adc inspector, 
 D 
 
 I I 
 
 Clerk of courts of enquiry, 
 
 PfOTOst marshal, 34 
 
 Adjutant, 34 
 For mustering, notifying and enrolling 
 
 comp 34 
 
 Allowance for equipmi pairs, 34 
 
 Advertising, lit 
 
 Horses to be allowed com* 
 
 34 
 Aet of I860 amended, 35 
 
 Troops of cavalry and I 35 
 
 Of what number t<> con it. tfi 
 
 MINING AND M \ I '< Tl i:i\<. 
 
 compa: 
 
 Virginia steam sugar n ;'any 
 
 incorporated, 288 
 
 Capita] stock, 288 
 
 Real .state, • 288 
 
 Commissioners, 
 
 of stockholdi ,-. 
 Kanawha salt compi D 
 Capital stock, 
 
 Of what stock shall con 289 
 
 Books nf subscription d, 289 
 
 When company shall be incorporated, 
 G D( i.tl meeting, 289 
 
 Power of company, 
 
 New creek company incorpor. 290 
 
 Certain sections of act of 1856 repealed, 290 
 Gilmer oil mining and manufacturing 
 
 company incorporated, 291 
 
 Capital stock, 291 
 
 Subscriptions, how received, 291 
 
 I it and directors, 291 
 
 Their powers, 291 
 
 Seal estate, 291 
 
 K'ail roads, 291 
 
 Stuck, how transferred. 292 
 
 Hughes' creek oil and coal company 
 incorporated, 292 
 
 how appointed, 
 il stock, 292 
 
 Pow< is of company, 
 
 ■ 
 Bail i 
 
 Little. Kanawha mining and manufac- 
 tuiing company incorponn •). 
 
 ck, 293 
 
 run mining and manufacturing 
 p. my [noorporal 
 
 ck, 
 and oil company of Brax' 
 county in- 
 ck, 
 ly may construct 
 Old Dominion mining and manufactur- 
 
 Commissioners, 
 k, 
 
 I ' 
 
 Ul coal mining 
 pauy inoor- 
 
 k. 
 
 ' build saw mill*, Ac. 
 
 rung and manufacturing 
 company incorporated, HI 
 

 INDEX. 
 
 inj . 297 
 
 Can,: '-'•'' 
 
 imn* ace <>j»era- 
 
 IfONONGAHELA BAVDTGfl BANK 
 tlkk incor- 
 
 sUock, how divided, 
 \ 
 
 231 
 239 
 232 
 
 .Ih l.l.l.o BANS 
 ifa :i branch al Monaskon, 
 al certain «»t>i<r 
 plan 183 
 
 MOV rQOMERl FEMALE COLLEGE. 
 
 l ■■]. '- ,;; i 
 
 i to hold n al and personal pro- 
 
 234 
 Annua: met i inir , 234 
 
 i 234 
 
 i 
 
 I ot, how elected, 235 
 
 i of Tiaitora, how appointed, 23S 
 
 rer, 235 
 
 Other officers, 235 
 
 Scholarships, A.< 235 
 
 MOOREFIELD (TOWN OF). 
 
 Church property in, 260 
 
 How propi ttj maj 1"- sold, 261 
 
 Proa i dsi how applied, 20J 
 
 MiiKInV. \\\ II.. MA. 
 
 Amount appropriated for relit 314 
 
 Ml BGBAYE, JAMES, ET AL. 
 
 317 
 
 . 4 Norfolk and Portsmouth may 
 
 subscribe, 205 
 
 Coupon bonds, ll<>^^ issued, 206 
 
 County of Norfolk may subscribe, 'J' 1 "* 
 
 Cuii[mii hi.i. lued, 205 
 
 NORFOLK AND PETERSBURG RAIL 
 EOAD COMPANY. 
 
 Capita] stock incri 203 
 
 Proposed road, 203 
 
 Stockholders to authorize, 203 
 
 Subscription, how raised, 203 
 
 MUSKET8, SALE OP 
 
 Join; resolution concerning, 
 
 MURBELL, JOHN W. 
 
 I released, 
 
 NEW < KKKK COMPANY. 
 
 
 342 
 315 
 
 290 
 
 NEWPORT AND GAP MILLS TURN- 
 PIKE COM TAN Y. 
 
 I of road, 211 
 
 « I stock, 'J 1 1 
 
 i l J 1 1 
 
 When company incorporated, 211 
 
 i oad, 212 
 
 NICHOLS, THOMAS. 
 Commonwealth's interest released, 
 
 329 
 
 NORFOLK COl NTY RAILWAY COM- 
 PANY 
 
 [ncorporafc d, 204 
 
 Capita] stock, 204 
 
 Subscriptions, how received, 204 
 
 hts, &,c. 205 
 
 NORTHAMPTON COUNTY. 
 
 Proviso as to catching of oysters in, 
 
 258 
 
 NORTHWESTERN BANK OF 
 VIRGIN! V. 
 
 iblish an agency in Richmond, 134 
 
 O'BRIEN, EMMET J. 
 Amount to be paid to, out of Internal 
 improvement fund, 316 
 
 OLD DOMINION (BANK OF). 
 See 138 
 
 OLD DOMINION MINING AND MANU- 
 FACTURING COMPANY. 
 See 295 
 
 OLIPIIANT, ANDREW. 
 Committee of William Smith, 2G3 
 
 OHIO COUNTY. 
 Code amended, 45 
 
 c..in|.. osation of attorney in the county 
 
 and corporation courts, 45 
 
 Circuit courts, 45 
 
 OHIO KIVI.l,' 
 Lawful fence, 261 
 
 OR] CERS OF PUBLICATION. 
 
 In \ acation, 39 
 
 \\ ben order of publication to be issued, :'>'.> 
 
 How published and posti d, 40 
 
 OR] >NANCE DEPA BTMENT. 
 
 < Ordnance department en a(ed, 27 
 What officera may be appointed, and 
 
 how, 27 
 
 Pay and allowances, 27 
 
 Duties of ordnance department, 27 
 
 ( officers, how goremed, 27 
 Officers to be commissioners of the 
 
 armory, 27 
 
 ORANGE AND ALEXANDRIA RAIL 
 ROAD COMPANY. 
 Time allowed for payment of interest, 60 
 [□teres! to bear interest, 60 
 Company to confess judgment, 60 
 What execution may issue, 60 
 Devise made by Joel Oshorne, 61 
 \\ ben Hoard of public works to pay, 61 
 Amount to be deducted from appropria- 
 tion, 61 
 
INDEX. 
 
 373 
 
 OVERBY, ROBERT Y. 
 
 Amount appropriated for relief of, 319 
 
 Where tax paid, 319 
 
 OYSTERS. 
 
 Catching of, in certain months, 258 
 
 When may be taken, 258 
 
 Proviso as to Northampton county, 856 
 
 OXFORD COTTON AND WOOLEN 
 COMPANY. 
 
 See 284 
 
 PACKARD, REV. J. 
 Amount of tax refunded, 
 
 311 
 
 PARKERSBURG (BANK OF). 
 Bee 133 
 
 PARKERSBURG CLASSICAL AND 
 
 S< II. Mil H INSTITUTE. 
 
 Incorporated, 238 
 
 Property, amount of, 238 
 
 Powers of trust 938 
 
 Powers of treasurer, 239 
 
 Bond of treasurer, 'S-VJ 
 
 Subject to repeal, 239 
 
 PATRICK SPRINGS FEMALE COL- 
 LEGE. 
 Incorporated, 230 
 
 Duties of trust) 936 
 
 Under control of trustees, 237 
 
 I bow filled, 2:57 
 
 Treasurer, bond of 237 
 
 Amount which may be raised. 237 
 
 Stock persona] estate, 2:17 
 
 insibility of stockholders, 238 
 
 Diplomas, 238 
 
 PAULINE, SCHOONER. 
 Fine released, 327 
 
 PAYNE, JANE. 
 
 I ■ t of, 233 
 
 PETERSBURG (CITY OF). 
 Common council of, to declare what 
 
 i- an unlawful assembly in, 2P.1 
 
 How declared, 261 
 
 PETERSBURG SAYINGS kNTJ [NSU- 
 BANI E < OMPANY. 
 ition for the correction of a dis- 
 between the bodj and title 
 of the act Incorporating the, 840 
 
 Ci l i KSB1 RG RAIL BOAD4 Old 
 
 203 
 
 203 
 
 PIEDMONT i kNTJ \\n OCPBOI l 
 Ml N I COMPAN1 
 
 Ku.il ra 
 
 Capital stock, 
 President and directors, 
 
 279 
 279 
 
 PRICE'S MOUNTAIN AND CUMBER- 
 LAND GAP TURNPIKE COMPANY. 
 
 What may be adopted as a portion of the 
 
 road, 68 
 
 Consent of the county court of Giles, 68 
 Restrictions, 6ft 
 
 PRINCESS ANNE SAVINGS BANK 
 Act amended, 232 
 
 Incorporated, 232 
 
 Capital stock, 2152 
 
 See 
 
 PHILIPPI (BANK OP). 
 
 141 
 
 PLASTER OF PARIS AND GUANO. 
 Inspection of (see title Quano, Ac), 150 
 
 See 
 
 POLSLEY, DANIEL, ET AL. 
 
 318 
 
 POLICE AGENTS ON RAIL ROADS. 
 How police agents may be appointed, 62 
 Powers, 62 
 
 How removed, 62 
 
 Powers as to arrest of negroes, <>2 
 
 POORHOU8E8. 
 
 How conservator of the peace is ap- 
 pointed. 53 
 Jurisdiction, 53 
 
 PORT ROYAL (TOWN OF). 
 Boundaries by act of 1744, 194 
 Boundaries denned, 194 
 Act of 1829 amended, 194 
 Trustees appointed, 194 
 Oath of office, 195 
 President, 195 
 Vacancies, 19."> 
 President invested with power of a jus- 
 tice, i;i.-> 
 
 Appeals. 
 
 County jail, 196 
 
 Meetings, how called, 196 
 
 Subject to existing laws, 196 
 Power to levj tu 
 
 Rate of taxation. 
 
 Constable, how appointed, 
 
 1 ate bond, 197 
 
 Tower to remove from office, 
 
 Who liable M taxation. [91 
 
 Fines. . [Of 
 
 PORTSMOl I H 1 riv OP 
 Authorised to issue coupon bonds, 991 
 
 To be appron d bj Tatt 
 
 . and for what, 
 Pn sbj tcrian church, 
 
 Art of 
 
 Mit of busl 1 and 
 
 ■Idermen, 191 
 
 airt, 191 
 
 of vrhal numl 191 
 
 I'll "i 1 LW8 
 
 1 1 - 
 
374 
 
 INDEX. 
 
 1 -<60 amended, 148 
 
 I ining commissioners to be ap- 
 
 149 
 
 149 
 
 1 19 
 
 149 
 
 returned, 149 
 
 I 140 
 
 : 2 of acJ of 1860 amended, 149 
 
 149 
 149 
 
 POUL80N, EDMUND J. 
 Commonwealth'fl interest released, 325 
 
 PRESBYTER] \N CHUBCH. 
 .tli, authorised to c\< cute 
 ; of trust, 260 
 
 PRESTON AND AUGU8TA HAIL ROAD 
 COMPANY. 
 
 . how opened, 202 
 
 21 •*,' 
 
 202 
 
 When company incorporated, 202 
 
 Counties, power to sal icribe, 202 
 
 PRESTON COUNTY. 
 I ; court of, to legalize convey- 
 ance <■(' a tract of land, &.C. 263 
 How I, ill filed, 264 
 How soil prosecuted, 264 
 I 264 
 
 PUBLIC GUARD. 
 
 ,iim mini, 37 
 
 captain and commissioned offi- 
 
 
 37 
 
 Othi 
 
 37 
 
 Rations of non-commissioned officers 
 
 
 and privates and musicians, 
 
 37 
 
 ommissioned officers, 
 
 38 
 
 Proi 
 
 38 
 
 BATHBONE (TOWN OF). 
 
 
 IJDCorpo 
 
 191 
 
 Bound . 
 
 191 
 
 Offio • 
 
 (92 
 
 
 192 
 
 i ace, 
 
 192 
 
 Bowers of council, 
 
 192 
 
 Bt and alleys, 
 
 192 
 
 oi < lode applicable, adopted, 
 
 192 
 
 REYNOLDS, BENJAMIN 8. 
 Amount appropriated for relief of, 
 
 
 KIi HMOND < BANK <>K). 
 
 RICHMOND CITY. 
 Charter amended, 
 
 31(5 
 
 145 
 
 153 
 
 RICHMOND I II Y [N8URANCE COM- 
 PANY OF RICHMOND. 
 
 Ii rporatod, 222 
 
 Capital .-tu.k. 222 
 
 Insurance, how, and noon what made, 222 
 Investments, how made, 222 
 
 Policies, how binding, 
 
 Commissionen, 
 
 Prohibition as to bank notes, 
 
 Agent, how appointed, 
 
 Totes, 
 
 Stockholders, how liable, 
 
 Secretary, witni bs, 
 
 222 
 223 
 223 
 223 
 223 
 223 
 
 RICHMOND AND LIVERPOOL 
 
 PACKET COMPANY. 
 
 Incorporated, • 278 
 
 Objects, 27* 
 
 Executive committee, 278 
 
 See 
 
 RICKS, JOHN. 
 
 RIGHTS OF WAY. 
 When mining companies may construct 
 
 rail roads, 
 Subject to Code, 
 
 ROCKBRIDGE INSURANCE 
 COMPANY. 
 
 Incorporated, 
 
 Insurance, how and on what made, 
 
 Money received on deposit, 
 
 Investments, how made, 
 
 Capital stock, 
 
 How payable, 
 
 Affairs of company, how managed, 
 
 Officers, how appointed, 
 
 Agents, 
 
 Scale of voting, 
 
 Dividends, how declared, 
 
 Stockholders, how responsible, 
 
 Commissioners, 
 
 Prohibitions as to bank notes, 
 
 256 
 
 208 
 208 
 
 223 
 224 
 224 
 224 
 224 
 224 
 224 
 225 
 225 
 225 
 225 
 225 
 225 
 226 
 
 ROCKBRIDGE WHITE SULPHUR 
 SPRINGS COMPANY. 
 Incorporated, 272 
 
 Capital stock, 272 
 
 Quantity of land, 272 
 
 Powers of company, 272 
 
 ROCKINGHAM COUNTY. 
 
 County court authorized to issue bonds, 
 and make loan to the Manassas gap 
 rail road company, 59 
 
 Interest paid, and sinking fund created, 59 
 
 ROCKY POINT LIME AND MARBLE 
 MANUFACTURING COMPANY. 
 
 Sco 284 
 
 RUSSELL, JAMES A. 
 Amount refunded to, 328 
 
 Commissioner to correct erroneous as- 
 sessment, 328 
 
 SCOTT AND ADAMS. 
 
 Amount appropriated for relief of, 319 
 
 Interest thereon, 319 
 
 Judgment, 319 
 
 SCOTT, JAMES. 
 
 Amount appropriated for relief of, 313 
 
INDEX. 
 
 375 
 
 • SCOTT, THOMAS W. 
 
 Commissions allowed, 332 
 
 SCOTT, PATRICK H. 
 
 Amount appropriated for relief of, 320 
 
 SCOTTSVILLE (BANK OF). 
 See 137 
 
 SCOTTSVILLE AND IIOWARDSVILLE 
 
 (TOWNS OF). 
 Authorized to form a battalion, 2-17 
 
 SIIEE, OWEN. 
 Interest of commonwealth released to, 325 
 
 SHER1 FFS ( DEFAULTING ). 
 When securities of sheriff may be re- 
 leased from damages, 54 
 Win 'ii judgment to do paid, 54 
 Sheriff or deputy not to be released, 54 
 
 SI IKK IFF OF JEFFERSON COUNTY. 
 Settlement, how made, 331 
 
 SIKYKK KIN MINING AND MANU- 
 FACTURING COMPANY. 
 
 Sec 294 
 
 SIK JOHN'S RUN TURNPIKE. 
 Capital stock increased, 68 
 
 Books, how opened, 68 
 
 SMITH, JOHN W. G. 
 Amount refunded to, 320 
 
 Erroneous tax, 320 
 
 SOUTHERN EXPRESS COMPANY. 
 Incorporated, 268 
 
 Capital stock, 268 
 
 When to commence, 
 Meetings, how called,* 
 Directors, how elected, 
 P dent, 
 
 In case of failure (■> cliii. 266 
 
 Iii case of failure to hold annual meet- 
 ings, ' 269 
 By-law b and regulations, 
 Powers nt' company, 2G9 
 Right tn ( stablish rail road prohibited, 269 
 ( tffice, where kept, 
 
 Local ntliees, 269 
 
 Where regular meetings to be held, 270 
 
 Unclaimed freight, 270 
 
 > arising from unclaimed freight 
 
 StockholdesB, how responsible, 270 
 
 Common carriers, 270 
 
 Wli"n right "f property is rested, 271 
 
 annual report, 2? i 
 
 SOUTHS ESTERN BANS OF 
 VIRGINIA 
 
 143 
 
 IHKKN MANUFA4 TURING < 
 
 8oc 
 
 SPECIE PAYMENTS. 
 Banks to resume, 
 
 147 
 
 BPAULDING, JAMES 1 
 Amount appropriated fur relii 
 
 SPRINGFIELD AND DEEP RUN COAL 
 
 MINING & MANUFACTURING CO. 
 See 296 
 
 Act amended, 304 
 
 Incorporated, 304 
 
 STAATS, JOSHUA II. (Deceased). 
 Mode of settlement with, 336 
 
 STAFFORDSVILLE TOLL BRIDGE 
 
 COMPANY. 
 
 Books to be opened, 215 
 
 Commissioners, 215 
 
 Company incorporated, 215 
 
 Tolls, 215 
 
 STAUNTON ARMS AND ORDNANCE 
 COMPANY. 
 
 Incorporated, 275 
 
 Objects, 275 
 
 Capital, 275 
 
 Commissioners, 275 
 
 STAUNTON AND KAKKKKRBURG 
 TURNPIKE COMPANY. 
 
 Superintendents, how appointed, 63 
 
 Proviso, 63 
 
 STAUNTON SAVINGS BANK. 
 
 Incorporated, 
 
 227 
 
 ST. PAUL'S CHURCH HOME. 
 
 Incorporated. 244 
 
 Capital, 244 
 
 Power of corporators, 244 
 Rights to contract with parents for 
 
 ■ are, &c. of children, 244 
 
 Orphan children, 245 
 
 Hospital, 245 
 
 SWEET CHALYBEATE SPRINGS 
 COMPANY. 
 
 Incorporated. 271 
 
 Powers of company, 271 
 
 General met I 271 
 
 Capital stock, 272 
 
 313 
 
 TALIAFERRO, JOHN H. 
 Interest of commonwealth released to, 
 
 TAX 
 What included therein, 
 On personal property, moneys and 
 
 iits, 
 I 
 
 Wlio includi il. 
 On free negr 
 On white m 
 On interest on public 1" 
 
 < >n bank dividends, 
 
 On dividends ot and 
 
 insu: 
 
 < >n <li\ idends of companies not iucor- 
 
 porated bj 
 
 < >n income oi 
 
 324 
 
376 
 
 INDEX. 
 
 Taxes of officers of government, how 
 
 I bridges and ferries, 
 illateral inheritaii 
 
 rod canal companies to re- 
 
 • to the auditor quarterly, 
 to report, 
 
 □ only partly in the state, 
 
 • made <>n oath, 
 Jty for failure, 
 on passengers, 
 
 u Freight, 
 
 [.t from tax on their lands, 
 In case of failure, whal is done, 
 
 mpanies to make semi-an- 
 nual retains to auditor of receipts, 
 Returns to 1"' on oath, 
 
 •i receipts, 
 I'.\( option thereto, 
 Penalty tor failure to report, 
 
 ■ a original suits, 
 Appeals, & c 
 
 On seals of courts, notaries or state, 
 Ademptions, 
 
 Wills and administrations, 
 Denis and contracts, 
 Bank corporations, 
 Manufacturing companies, 
 Gas light and other companies, 
 Virginia canal company exempted, 
 Savings institutions, 
 Private corporations, 
 Exceptions, 
 
 Licenses. 
 Ordinaries and public entertainment, 
 To retail liquors, 
 Private end rtainment and boarding 
 
 houses, 
 Cook shops and eating houses, 
 
 Dg allej a or saloons, 
 Billiard tables, 
 
 Billiard tables not kept open more than 
 four months, 
 He tables, 
 Liver) stables, 
 
 Distilleries. 
 
 Additional t:ix on sales. 
 
 When company not exempt from taxa- 
 tion, 
 
 When exempt, 
 
 I ption, 
 
 Merchant's tax on, 
 
 When proportion) d to sales, 
 
 Liquor license on beginners, 
 mtinuc bus 
 
 On trades and callings, taxed as mer- 
 chants, 
 
 Commission mi rchanl 
 tioneera and ship brokers, 
 
 . luctionu rs. 
 
 Seale of licCHJ es in low us, 
 
 I,' il estate auctioneers, 
 When charged a per centage on 
 Where sale to be mo 
 Exceptions, 
 
 When goods may be consigned to auc- 
 tione • 
 
 Taxable sales, 13 
 
 Common crier, 13 
 
 Bample merchants, 18 
 
 Express companies, 13 
 
 Patent rights, 13 
 Patent rights under laws of the United 
 
 Si; ! 13 
 
 Citizens of Virginia exempted, 14 
 
 Quack medicines, 14 
 
 Book agents and print sellers, 14 
 
 If non-residents, 14 
 
 Residents selling religions books, 14 
 
 Agents for renting houses, 14 
 
 Suing negroes, 14 
 
 Stallions and jacks 14 
 
 Theatrical performances, 15 
 
 Refreshments in theatres, 15 
 
 Refreshments in public rooms, 15 
 
 Public shows, 15 
 
 Circuses, 15 
 
 Menageries, 15 
 Manufacturers of liquor, porter and 
 
 beer, 15 
 Sale of malt liquors, 16 
 Stock brokers, 16 
 Bank note brokers, 16 
 Insurance companies, 16 
 Physicians, dentists and lawyers, 16 
 Daguerreian artists, 16 
 Horses, mules, asses and jennets 
 brought into the state to sell on 
 commission, 17 
 Carriages and other vehicles manufac- 
 tured out of the state, 17 
 Slaves bought on commission, 17 
 Private acts net to be published until 
 
 tax is paid, 17 
 Keeper of rolls to publish a list of acts 
 
 on which tax has been paid, 18 
 Commissioner and sheriff a duty when 
 any person is suspected of being 
 about to leave county before de- 
 livery of books, 18 
 Prohibited occupations taxed, 18 
 Exceptions thereto, 18 
 Licenses confined to county or corpo- 
 ration, 1 8 
 Licenses to be at specified house, 18 
 Forms to be furnished tax payer, 18 
 Public bonds and stocks, 18 
 Penalty when license is not renewed, 19 
 Amount undercharged by commissioner 
 
 to be deducted from his compensation, 19 
 Subjects not specially taxed, how to 
 
 be taxed, 19 
 Value of lands and lots under certain 
 
 assessments not to be changed, 19 
 
 When auditor ma\ change land book, 19 
 When agricultural productions, goods 
 
 and materials exempt from taxation, 
 
 and when subject to license tax, 19 
 Tax on sales of merchant tailors and 
 
 others to be ascertained, 20 
 How license to manufacture and sell 
 
 malt liquors granted, 20 
 When not considered as commencing 
 
 business, 20 
 
 Part of Code repealed, 20 
 
 Act of 1860 amended, 54 
 
 How party aggrieved may obtain redress, 54 
 
INDEX. 
 
 377 
 
 Attorney for commonwealth to be pre- 
 sent, 
 
 Commissioners to be examined as to 
 party heretofore aggrieved, 
 
 How relief is granted, 
 
 Penalty on clerk, 
 
 Notice to attorney for commonwealth, 
 
 How, if error is committed by the com- 
 missioner, 
 
 TERMS OF COURTS. 
 
 See 
 
 TIBBS, EUGENIUS. 
 Securities released, 
 Conditions, 
 Sheriff not released, 
 
 TOBACCO SAVINGS BANK. 
 In the city of Richmond, 
 Incorporated, 
 
 Capital stock, 
 Subject to repeal, 
 
 TOWNS. 
 
 City of Richmond incorporated, 
 
 Bights and powers of corporation, 
 
 Mayor and council, 
 
 Court of hustings, of whom to consist, 
 
 Powers, &c of the council, 
 
 Members of council and court of hust- 
 ings, how elected, 
 
 Other officers, 
 
 Judge of court of hustings, how and 
 when elected ; term of office, 
 
 Elections, when held, 
 
 What officers to be elected, 
 
 How clerk pro tern, appointed, 
 
 Who may vote, 
 
 ( !ity divided into wards, 
 
 Commissioners of election, how ap- 
 pointed, 
 
 Oath of commissioner, 
 
 When poll) opened and closed, 
 
 W'l it 11 polls may be kepi open, 
 
 Conductors, how appointed, 
 
 Oath of conductor, 
 
 Duty of conductor, 
 
 Writers, how employed, 
 
 J\>]1 books to be delivered to wrif 
 
 Poll, how certified, 
 
 Double voting, 
 
 oi election, how made, 
 
 To whom certificates of election deli- 
 vered, 
 
 Tic votes, who may ck 
 
 Powers of council, 
 
 Duty of council to certify election of 
 memhera aA court oi and 
 
 other offii 
 
 B di r. 
 
 Senior alderman, 
 
 Members of council to continue until 
 g an- qualif 
 as to members of court of hust- 
 ings, 
 
 \ 
 how filled, 
 
 \ n other esses, how filled, 
 
 Change in modi • • how made, 
 
 54 
 
 54 
 55 
 55 
 55 
 
 55 
 
 353 
 
 334 
 334 
 334 
 
 231 
 231 
 231 
 231 
 
 ir,:i 
 153 
 153 
 153 
 154 
 
 154 
 144 
 
 154 
 154 
 
 154 
 
 155 
 155 
 155 
 
 155 
 155 
 155 
 155 
 155 
 15fi 
 156 
 ir.t; 
 156 
 156 
 156 
 157 
 
 R.7 
 157 
 157 
 
 I. -.7 
 I. -.7 
 
 i:,7 
 169 
 
 I •- 
 
 l'.- 
 158 
 
 Oaths of office, 159 
 
 President of council, 159 
 
 President pro tempore, 159 
 
 Quorum of council, 159 
 
 Compensation of the mayor, 159 
 
 Powers of council, 159 
 
 Journal, how kept, 159 
 Powers of council as to good order, &c. 
 
 of city, 1(50 
 
 What officers council may appoint, 160 
 
 When officers may be removed, 160 
 
 When office abolished, 160 
 Boards of officers, to what proceedings 
 
 subject, 160 
 
 Wards, how changed, 160 
 
 Plan of city provided for, 161 
 
 Markets, how established, 161 
 
 Workhouses, how provided for, 161 
 
 Overseers of the poor, how appointed, 161 
 
 Drunkards, &c. 161 
 Ingress of people fiom beyond the 
 
 limits of the state, how prevented, 161 
 Public buildings, 162 
 Burial grounds and bills of mortality, 162 
 City prison, 162 
 Infectious diseases, 162 
 Hospitals, 162 
 Accidents by fire, 162 
 Water works and gas works, 162 
 City watch, 163 
 Landings, wharves and docks, 163 
 Quarantine, 163 
 Duties of surveyor, how prescribed, 163 
 Si nets and alleys, 163 
 Bridges and culverts, 163 
 When injunction allowed, 168 
 City railways, 163 
 Private property not to be taken with- 
 out compensation, 164 
 Richmond Lancasterian school, 164 
 Athenaeum and lyceum, 164 
 Prohibition as to building, 164 
 Nuisances, how abated, 104 
 Stagnant water, &c. 164 
 
 ll i ■ i tinning at large, lii. r > 
 Kites, guns, crackers ana oilier combi- 
 nations of gunpowder. A < 165 
 Horses and steam engiui -. 165 
 What may be required to lie gauged 
 
 and inspected, 165 
 
 Gaming houses, houses of ill fame, A c 166 
 
 Board ami lodging for negi. 165 
 
 Aid to military- compai 166 
 
 Auctioneers. 166 
 
 Theatrical performances, 16fi 
 
 a 166 
 
 Hawkers and peddlers. 166 
 Insurance compai 166 
 Billiard tables, ten pin alleys. A 166 
 How subscriptions to works of inter- 
 nal [mprov.emenl made by city, 167 
 
 P< nalty OH I" rSOni not obtaining licen- 
 
 On what council may levy t 167 
 
 Exemption, 168 
 
 Ordii a may be taxed, 168 
 
 a 166 
 
 medicines, K B 
 
 Who may collect t 168 
 
 I sale 
 
 for t . 168 
 
37S 
 
 INDEX. 
 
 Taxes obtained from tenant, how as to, 
 lid by fiduciary, 
 
 Lien for taxes i n r< a) estate, 
 how contracted, 
 
 Sinking fund, 
 
 Sinking fund for future debts. 
 
 •z fund not to be diverted, 
 
 Proi 
 
 M s, how held and paid on r, 
 
 Court of hustings, how held, 
 
 court to be bcld by the judge, 
 
 Civil jurisdiction, 
 
 Criminal jurisdiction, 
 
 Quarterly terms, 
 
 Gqrand juries, 
 
 (tenons examined fox crimes to be tried 
 by judge, 
 
 Jurisdiction of the court bold by the 
 judge of hustii 
 
 Aj'j'i il> from hustings court, 
 
 Commonwealth's attorney of Richmond, 
 in case of sickness, &c. of judge 
 of the court of hustii 
 
 Duties and fees of commonwealth's at- 
 torney, 
 
 Of the clerk, 
 
 Jurisdiction of the court of hustings, 
 
 Penalties, how imposed by council, 
 
 MayorV court, how held, 
 
 Mayor's office, 
 
 Mayor bead of police, 
 
 Powers of police officers, 
 
 Limitation as to holding office, 
 
 of the Bergeant; high constable, 
 
 J low act construed, 
 
 Evidence, 
 
 TREASURY NOTES. 
 
 ■ ! treasury notes authorized, 
 Not less than (20, 
 How prepared, 
 To w hom payable, 
 To bear interest, 
 
 Faith of state pledged for redemption of, 
 How transferable, 
 
 ible in paj ment of public dues. 
 What done by officer when received in 
 
 payment of public, dues, 
 
 How to be redeemed, 
 Advertisement to bring in, 
 When to lie canceled and how, 
 What lists to be kept, and by whom, 
 Appropriation for plates, &c. 
 Provisions as to bank notes applicable, 
 Banks may purchase, 
 
 TREASURES. 
 
 To di in bank notes, 
 
 169 
 
 Bond to be given, 190 
 
 169 
 
 Powers of a constable, 190 
 
 169 
 
 II-'. nst, 190 
 
 169 
 
 1 atOTS of peace, 190 
 
 169 
 
 Mayor, 190 
 
 169 
 
 His salary, 190 
 
 169 
 
 Patrols, 190 
 
 169 
 
 
 170 
 
 
 170 
 
 VIRGINIA ARMS MANUFACTURING 
 
 176 
 
 COMPANY. 
 
 170 
 
 Incorporated, 273 
 
 176 
 
 < Objects thereof, 274 
 
 170 
 
 Capital. 274 
 
 170 
 
 
 171 
 
 171 
 171 
 
 171 
 
 171 
 
 171 
 172 
 172 
 IT -J 
 172 
 172 
 17;? 
 
 n;{ 
 
 173 
 173 
 173 
 173 
 
 148 
 
 'I ROOP8 AM) ARMS. 
 Joint resolution relative to movement of, 
 by the general government, within the 
 
 limit.-, oi Virginia, W.VJ 
 
 TUCKER, GEORGE W. 
 Amount appropriated for relief of, 314 
 
 UNION (TOWN OP). 
 Sergeant, bow appointed, 189 
 
 VIKNJINIA BOOT AND SHOE MANU- 
 FACTURING COMPANY. 
 Seo 281 
 
 See 
 
 VIRGINIA CANAL COMPANY. 
 
 70 
 
 VIRGINIA CAR SPRING COMPANY. 
 See 285 
 
 VIRGINIA CENTRAL RAIL ROAD 
 COMPANY. 
 
 Branch authorized, 204 
 
 Capital stock, 204 
 
 Board of public works not to subscribe, 204 
 
 Assets of road not chargeable, 204 
 
 Earnings not to be applied, 204 
 
 VIRGINIA LUMBER COMPANY. 
 
 In the counties of Augusta and Rock- 
 bridge, incorporated, 277 
 Capital, -..'77 
 Stock personal estate, 'J77 
 Provisions, 278 
 
 VIRGINIA MINERAL OIL AND COAL 
 
 COMPANY. 
 In the county of Mason incorporated, 301 
 Powi is of company, 301 
 
 Capital stock, 301 
 
 Real estate, 301 
 
 Rail roads, 368 
 
 Time to perfect organization, 302 
 
 VIRGINIA STEAM SUGAR REFINING 
 COMPANY. 
 
 Seo 288 
 
 VOLUNTEER BATTALION. 
 
 In Alexandria, 
 
 248 
 
 VIRGINIA LIFE INSURANCE COM- 
 PANY. 
 
 Act amended, 226 
 
 Annual meeting, bow held, 226 
 
 Quorum, 22t> 
 
 Voting, 226 
 Policy for benefit of married women, 
 
 how to enure, 226 
 
 VOLUNTARY ENSLAVEMENT. 
 
 Of certain persons of color in tbo 
 
 county of Buckingham, 251 
 
 Negroes to choose owners, 251 
 
 Petition, bow filed, 251 
 
INDEX. 
 
 379 
 
 Summons issued, 251 
 
 Examinations, how made, 251 
 
 Duty and power of court, 251 
 
 Master to enter into bond, 251 
 
 Provisions as to estate of negroes, 352 
 Of Thomas Garland and Mary Anderson , 252 
 
 Negroes to choose master, 262 
 
 Petition, how filed, 252 
 
 Summons issued, 252 
 
 Examination, how made, 253 
 
 Duty and power of court. 253 
 
 Master to enter into bond, 853 
 
 In case of conviction for crime, 253 
 Of Jano Payne, Mary Fletcher and 
 
 Glives, 253 
 
 Negroes to choose master, 253 
 
 Petition, how filed, 253 
 
 Summons issued, 2o3 
 
 Examination, how made, 254 
 
 Duty and power of court, 254 
 
 Master to enter into bond, 254 
 
 In case of conviction for crime, 254 
 
 Of Fanny Matthews, 254 
 
 Fanny to choose master, 254 
 
 Duty of court, 254 
 
 Power of court, 255 
 
 Proceedings, how entered, 255 
 
 Property vested in master, 255 
 
 Costs, 255 
 
 VOLUNTEER MILITARY COMPANIES. 
 
 In the city of Wheeling, 250 
 
 Act amended, 250 
 
 Contributing members, 250 
 
 WAMSLEY, MATTHEW, Jr. 
 Amount appropriated for relief of, 
 
 WEBSTER COUNTY. 
 
 Act of I860 amended, 
 Boundaries of Webster, 
 
 312 
 
 WESTERN VIRGINIA INSURANCE 
 COMPANY. 
 
 Incorporated, 220 
 
 Capital stock, 280 
 
 Powers of company as to insurance, &c. 881 » 
 
 Investments, 220 
 
 Secretary competent witness, 220 
 
 Affairs of company, how managed, 221 
 
 Votes, 221 
 
 Meeting of stockholders for election, 221 
 
 Officers, how appointed, 221 
 
 Agents, how appointed, 221 
 
 Commissioners, 221 
 
 Prohibition as to bank notes, 221 
 
 WEST LIBERTY ACADEMY. 
 
 Act amended, 240 
 Loan authorized, 241 
 Security, 241 
 Duty of Board of literary fund, in de- 
 fault of payment of interest, &c. 241 
 
 WHEELING AND BELMONT BRIDGE 
 
 COMPANY. 
 
 Taxes suspended, 326 
 
 WHEELING VOLUNTEER COM- 
 PANIES. 
 
 Sec 250 
 
 WILLIAMS, TITUS V. 
 
 When anus to bo issued to, 250 
 
 Proviso, 250 
 
 How transferred, 251 
 
 WILSON, WILLIAM II. 
 
 Circuit court to make allowance to 
 
 children of, 319 
 
 Notice to committee, 319 
 
 Wife and minors, 319 
 
 WOLF CREEK TURNPIKE COMPANY. 
 
 Width of road may be reduced, 208 
 
 V, ( >OD, ANGUS M. 
 Amount appropriated for relief of, 
 
 WOOD COUNTY. 
 
 Industrial school of, incorporated, 
 Powers of company, 
 Directors, how appointed, 
 
 313 
 
 2*0 
 281 
 281 
 
 YORK RIVER RAIL ROAD COMPANY 
 
 Act of 1853 amend.,], 59 
 
 Company incorporated, 5f> 
 
 Power to purchase steam boats, «fcc. 59 
 
• V ' 
 
 APPENDI X. 
 
 ORDINANCES 
 
 ADOPTED BY 
 
 THE CONVENTION OF VIRGINIA, 
 
 w 
 
 SECRET SESSION, 
 
 IK 
 
 APRIL AND MAY 1861. 
 
c^ 
 
 ORDINANCES. 
 
 No. 1.— An ORDINANCE to roped the ratification of the Constitution of 
 the United States of America, by the State of Virginia, and to resume all 
 the rights and powers granted under said Constitution. 
 
 The people of Virginia, in their ratification of the constitution of Preamble 
 the. United States of America, adopted by them in convention on the 
 twenty-fifth day of June in the year of our Lord one thousand seven 
 hundred and eighty-eight, having declared that the powers granted 
 under the said constitution were derived from the people of the 
 United States, and might be resumed whensoever the same should 
 be perverted to their injury and oppression ; and the federal govern- 
 ment having perverted said powers, not only to the injury of the peo- 
 ple of Virginia, but to the oppression of the southern slaveholding 
 states : 
 
 Now, therefore, we the people of Virginia do declare and ordain, Repeal of ordi- 
 
 -. , , f r ,, • L • *• nance of 17th 
 
 that the ordinance adopted by the people of this state in convention j nne 1788, :md 
 on the twenty-fifth day of June in the year of our Lord one thousand actH'orassembiy 
 seven hundred and eighty-eight, whereby the constitution of the 
 United States of America was ratified, and all acts of the general 
 assembly of this state ratifying or adopting amendments to said con- 
 stitution, are hereby repealed and abrogated ; that the union between Union between 
 the state of Virginia and the other states under the constitution othrr^a'tcs di*- 
 aforesaid is hereby dissolved, and that the state of Virginia is in the 8olvcd 
 full possession and exercise of all the rights of sovereignty which 
 belong and appertain to a free and independent state. 
 
 And they do further declare, that said constitution of the United Oonstitniion of 
 Stales of America is no longer binding on any of the citizens of this n otWn«tag 
 
 state. 
 
 This ordinance shall tahe efTeet and be an act of this day, when when ordinano* 
 
 .„,. ,. , /-i ir.i- » » n aJI take cflect 
 
 ratified by a majority of the votes of the people of tins state, cast at 
 a poll Id be taken thereon on the fourth Thursday in May ne.\t, in 
 pursuance of a, schedule hereafter to be enacted. 
 
 Done in convention, in the city of Richmond, on the seventeenth 
 day of April in the year of our Lord one thousand eight hundred and 
 sixty-one, and m the eighty-fifth Jtn of the commonwealth of Vir- 
 ginia. 
 
ORDINANCES OF THE VIRGINIA CONVENTION. 
 
 Schedule. 
 
 Duty of officers 1. It shall be the duty of the officers conducting the elections 
 u°on» UCtlDg C directed by law to be held on the fourth Thursday in May next, at 
 the places appointed for holding the same, to open a poll to take the 
 sense of the qualified voters of this commonwealth upon the ratifica- 
 tion or rejection of "An ordinance to repeal the ratification of the 
 constitution of the United States of America by the state of Virginia, 
 and to resume all the rights and powers granted under said constitu- 
 tion," adopted in convention at the city of Richmond on the seven- 
 teenth day of April one thousand eight hundred and sixty-one. 
 
 now poll book 
 to bo headed 
 
 2. The poll book shall be headed " The Ordinance of Secession," 
 and shall contain two columns, one headed "For Ratification," and 
 tin* other "For Rejection;" and the names of those who vote for 
 the ratification of the said ordinance shall be written under the 
 former heading, and the names of those who vote for its rejection 
 shall be written under the latter heading. 
 
 Uow officers to 
 make return 
 
 Delivery of re- 
 turns to clerk 
 
 Clerk to trans- 
 mit to governor 
 
 3. The said officers shall make return of the number of persons 
 voting for each proposition, at the time and in the manner provided 
 by law in the case of other elections, and shall forthwith deliver the 
 returns, together with the poll books, to the clerks of their respective 
 counties and corporations ; and it shall be the duty of such clerks, 
 respectively, to transmit immediately to the governor of the com- 
 monwealth copies of the said returns so delivered to them. 
 
 Governor to 4. The governor shall, without delay, make proclamation of the 
 
 uon o^resuTulf result, stating therein the aggregate vote for and against the ratifica- 
 tion; to be published in sueh newspapers in the state as may be 
 deemed requisite for general information : and if a majority of said 
 votes be cast for the ratification of the said ordinauce, he shall annex 
 to his proclamation a copy thereof, together with this schedule. 
 
 Secretary of 5. The secretary of the commonwealth shall cause to be sent to 
 
 comroonwialth . . . . , . .... 
 
 tosendordl- the clerks or each county and corporation as many copies of this 
 
 duie C to a cUrks e schedule and ordinance aforesaid as there arc places of voting therein, 
 
 and three copies to each of the military commanders herein after 
 
 referred to, using special messengers for that purpose when neces- 
 
 Cierks to deliver sary. And it shall he the duty of the said clerks to deliver the sarao 
 
 distribution to the sheriffs for distribution, whose duty it shall be forthwith to 
 
 post the said copies at some public place in each election district. 
 
 How expense of 6. The expenses incurred in providing poll books and in procuring 
 frayed " writers to enter the names of the voters therein, shall be defrayed as 
 
 in the case of the election of members to the general-assembly. 
 
ORDINANCES OF THE VIRGINIA CONVITNTION. - / 3- 5 
 
 7. The qualified voters of the commonwealth who may he absent Persona in tho 
 from the counties or corporations of their residence on the day of Jjf th?state V aJ. e 
 election, in the military service of the state, may vote for the ratifi- •owed to vote 
 cation or rejection of the said ordinance, at such place or places 
 
 within their encampments, or as the commander at such encampment 
 
 shall designate, whether the said encampment shall be within the 
 
 limits of the state or not. For each place of voting he shall appoint h ow election t0 
 
 a superintendent, three commissioners, and as many clerks as shall be conducted 
 
 be necessary, who, after having been first duly sworn by him, shall 
 
 perform the duties required of, and be liable to the penalties imposed 
 
 upon such officers under the election laws of this state. 
 
 8. The officers conducting the said election shall, on the day after To n ,, )nii „ 
 the election, or as soon thereafter as may be, deliver the poll books S 00kB *° be **■ 
 
 J l livi-red 
 
 to their said commander, who shall forthwith forward the same to the 
 governor of this commonwealth, who shall count the said votes in 
 ascertaining the result of the said election in the state. 
 
 0. That the election for members of congress for this state to the r ;, .,..;,, n flT 
 house of representatives of the congress of the United States, re- inemberB of co "" 
 
 1 ° . greaa suspended 
 
 quired by law to be held on the fourth Thursday in May next, is 
 
 hereby suspended and prohibited, until otherwise ordained by this 
 
 convention. 
 
 Done in convention, in the city of Richmond, on the twenty-fourth 
 day of April eighteen hundred and sixty-one, and in the eighty-fifth 
 year of the commonwealth of Virginia. 
 
 — An < >1,M >INAN< IE ratifying; and confirming the Convention entered 
 Into between the Commissioner of tlir Confederate stales, ami the Com- 
 missioners of the state of Virginia. 
 
 PagRfd April 25, 1861. 
 
 l'.e it ordained by this convention, thai the convention entered into „ .. . 
 
 :.tion of 
 
 on the twenty-fourth April, eighteen hundred and sixty-one, between 
 Alexander II. Stephens, commissioner of the Confederate states, and »i< oi <••»■ 
 John Tyler, William Ballard Preston, s. M.I>. Moore. James P. 
 Iloleombe. James C. Bruce and Lewis E. Sarvie, commissioners of <*▼**• 
 
 Virginia, for a temporary union of Virginia with said Confederate 
 States, under the provisional government adopted bj said Confede- 
 States, be and the same is hereby ratified and confirmed, on the 
 terms agreed upon by said commissioners. 
 
ORDINANCES OF THE VIRGINIA CONVENTION. 
 
 stion of 
 
 lUtion of 
 
 No. 3. — An ORDINANCE fbi I turn of the Pro- 
 
 Gorenimeni of the Confederal - •• America. 
 
 Pam«cMl Aj.ril 39, 
 
 We, the delegates of the people of Virginia, in convention as- 
 sembled, solemn!] impressed with the perils which surround the com- 
 monwealth, and appealing to the searcher of hearts for the rectitude 
 of our intentions in assuming the grave responsibility of this act, 
 do, by this ordinance, adopt and ratify the constitution <»f the pre- 
 viaional government of the Confederate States of America, ordained 
 and established at Montgomery, Alabama, on the eighth day of Feb- 
 ruary eighteen hundred and Bixty one: provided, that this ordins 
 shall oeaae to have any legal operation or effect, if the p< ople of this 
 : ' '' "' ''- v '" ' : ' commonwealth, npon tin- vote directed to 1"' taken on the ordinance 
 
 of secession pasted by this eonventii d the seventeenth day of 
 
 April eighteen hundred and sixty-one, shall reject tin- Bame. 
 
 h ivi no legal 
 
 i .ii it i >■ 
 
 How many to 
 
 OBI ll.> 
 
 council 
 
 No. 4. — An ORDINANCE to authorize the appointment of an 
 
 Council. 
 
 Pi --< a April 20, 
 
 lie it ordained, that a council of three be appointed by the con- 
 vention, upon the nomination of the governor, t<> aid, counsel and 
 advise him in the exercise of bis executive authority in the present 
 How long io emergency ; the said council to continue in office at the discretion of 
 
 15th section, ar- tbisbodyj provided, that the fifteenth section of the sixth artiele of 
 
 ooMUtnttonnoi ,1 "' constitution of this state shall not apply to the office hereby 
 i-.nj.piy u> toil created. 
 
 oflico 
 
 Council not to 
 control ii ii bj 
 ereJae "< execu 
 Uti functloni 
 by ttii- go\ Brnoi 
 
 No. 5. — An ORDINANCE defining the duties oi tin A I unofl, 
 
 PiiMHfd April 2.'!, )8(il (tmt subsequently amended and r,- enacted), 
 
 1. Be it ordained, that in the appointment of a council of three by 
 the convention, npon the nomination of the governor, to aid. counsel 
 and advise him in the exercise of his executive authority in the pre- 
 sent emergency, it was not the purpose or intention of the conven- 
 tion to confer on the council the power to control the governor in the 
 exercise of his executive functions 5 hut it was their purpose to Im- 
 pose upon the governor the obligation to consult the council in regard 
 
 to all executive JlCtS. 
 
 2. That a regular journal of the executive proceedings and ads 
 tagi'tobekep?; ohould he kept, in which should he recorded all appointments and 
 
 , '"'" proceedings of the executive, and the VOtOB of the several councilors 
 
 thereupon, 
 
 Joui nal "i ' ■ 
 Mtutlve pi " • ■ & 
 
Xt> 
 
 ORDINANCES OF THE VIRGINIA CONVENTION. 7j> 7 
 
 No. 6.— An ORDINANCE to increase the Advisory Council. 
 
 Pasied April 29, 18C1. 
 
 Be it ordained, that the advisory council of the governor of this Lientenani go- 
 commonwealth be and the same is hereby increased to five, and thai council 
 the lientenanl governor Bhall be ez-offieio one of the said five mem- 
 ben. 
 
 No. 7. — An ORDINANCE amending and re-enacting the Ordinance pre- 
 scribing the <iuti'-s of tin' Advisory < !ouncil. 
 
 Kay 1, 1861. 
 
 Be it ordained, thai the ordinance adopted on the twenty-third 
 April, eighteen hundred ami sixty-one, prescribing the duties of tin' 
 
 advisory council, lie amended and re-enacted so as to read as 4 fol- 
 lows: 
 
 1. That in the appointment of a council of five by the convention, council 
 upon tin- nomination of the governor, to aid, counsel and advise him erc igeoi 
 in the exen ise oi bit executive authority in the present emergency, ]'.', 
 
 it was not the purpose or intention of the convention to confer on 
 the council die power to control die governor in the < I his 
 
 executive functions; but it was then: purpose to impose opon the 
 governor the obligation to consult the council in regard to all execu- 
 tive acts growing out of tin- said emergency. 
 
 2. That a regular .journal of the act? of the council shall be kept, J< oraal 
 in which shall he recorded all appointments, and the votes of the ',',''.'', 
 
 ral councilors thereupon. :obe 
 
 - — An < >l,'l »I\ \ ■ ribiog the t " of the 
 
 iciL 
 
 Tn- 
 
 ordained. that the members of the executive council who rc- 
 larv from the s-t ri t < ■ . shall r< oeive four dollars ].« rday dai 
 and thow tin- 
 
 shall r< • per day of such servia : provided, 
 
 however, that this ordinance shall not l lode 
 
 the lii ut. rnor frou pet lay foi 
 
ORDINANCES OF THE VIRGINIA CONVENTION. 
 
 r niitho 
 
 tint- > r- 
 
 • r to ap- 
 point a: 
 
 -Hiv ami 
 
 li.if .1 ^ 
 
 ■ 
 
 —An ORDINANCE t ill the Volunteers Inl e of (he 
 
 Stat i for Other purposes. 
 
 rfl IT, 18G1. ' 
 
 ordained, that the governor, of the commonwealth be and he 
 is hereby authorized and required to oall into the service of the Btate 
 a* many volunteers as may 1"' nec< Bsary to repel invasion, and pro- 
 tecl the citizens of the Btate in the present emergency \ which volun* 
 teen he will receive in companies, and organize into regiments, 
 brigades and divisions, according to the force required; and the 
 
 i. nr >li:»ll appoint and commission the general, field and Btaff 
 officers of said volunteers, and proceed to have them organized and 
 instructed : And thai he shall immediately invite all efficient and 
 worthy Virginians and residents of Virginia in the army and navy 
 of the United States to retire therefrom, and to enter the service of 
 
 ni?. assigning to them such rank as will not reverse the relative 
 
 rank held by them in the United States service, and will at least be 
 equivalent thereto. 
 
 - tor to 
 
 repel 111 
 
 2. Be it further ordained, that the governor shall repel invasion, 
 
 and see that in all things the commonwealth take no detriment: and 
 
 shall exercise for this purpose the powers conferred upon him by thi 
 
 constitution and laws of the state. 
 
 $ 100 000 appro- 
 
 .'!. Be it further ordained, thai to enable him to carry out the 
 
 resolution aforesaid, the sum of one hundred thousand dollars he and 
 
 the same is hereby appropriated out of any money in the treasury not 
 oth.ru i-e appropriated. 
 
 No. in. — An ORDDTANCE concerning Officers in the Kcvcnue and ( 'mist 
 Survey Service of the United" States. 
 
 Paued April 30, 1861. 
 
 lie it ordained, that the ordinance passed on the seventeenth day 
 Virginia ' x\ ">. ■!' of April eighteen hundred and sixty-one by the convention, which 
 
 .?','!,'■' :",'.i directs the governor of the commonwealth to invite all effioient ami 
 orthv Virginians ami residents of Virginia in the army and navy of 
 
 ■ the • . 
 
 United 81 • the United States, to retire therefrom, and to enter the sen ice of 
 
 Virginia, he ami the same is hereby extended to all such officers in 
 
 the revenue service and coast survey service of the United States: 
 
 And the governor is authorized to make such provision for them as 
 may he proper, and will not interfere with the rank conferred upon 
 officers "I the navy. 
 
ORDINANCES OF THE VIRGINIA CONVENTION. 3# 9 
 
 No. u, — ,\,, ORDINANCE to provide for the appointment of a Commander 
 of the Military and Naval Forces of the State, in subordination to the 
 Governor. 
 
 Pi ued April L9, 1861. 
 
 Be it ordained, that the office of commander of the military and office ortnajor 
 
 - , -ii , r li *ii general crciit< il 
 
 naval forces nt the Btate, with the rank ot major general, be and the 
 same is hereby created. The said commander shall be appointed by How appointed 
 the governor of the commonwealth, by and with the advice and con- 
 sent of this convention, and in subordination to the governor, shall 
 take charge of the organization and operations of all the military 
 and naval forces which may be oalled into the service of the state. 
 
 Be il farther ordained, thatiche said commander shall take rank Rank and pre- 
 and precedence over all other military and naval officers of the Btate, other officer* 
 without regard to date of commission. 
 
 No. 12. — An ORDINANCE to authorize the appointment of Aids by the 
 
 i nor. 
 .1 April 19, 1861. 
 
 Be it ordained, that the governor of the commonwealth be autho- 
 rized to appoint as many aids, with the rank of lieutenant of cavalry, 
 as the necessity of the service may require. 
 
 No. l:'.. — An ORDINANCE to provide fur the organization of a Provisional 
 Army for the State of Virginia. 
 
 Passed April 27, 1861. 
 
 Be it ordained, thai there shall be organized a provisional army i 
 for the state of Virginia, as the exigencies of the service may require ; 
 which army shall consist, in addition to the major general command- 
 ing the military and na\ al forces of the State, of four brigadh r l.'' in'- 
 
 two regiments of artillery, eight regiments of infantry, • 
 regiment <>f riflemen, and one regiment of cavalry. Each regiment Of what 
 
 •ii i ii r ii i- li ' '" " f - ir ' 
 
 of artillery shall consist <>l one colonel, one lieutenant colonel, • 
 major, it major, one quartermaster sergeant, and ten 88 
 
 : and i aeh company shall consist of one captain, 
 
 lieutenant, one second lieutenant, four - our corporal-, two 
 
 artifn i ty-two prii il Each r< gin* nt i 
 
 of infantry shall oonsisi ol one colonel, one lieutenant colonel., 
 major. • mt major, ope qm - 
 
 pal ii j shall ooi 
 
 a captain, one first lieutenant, one second lieutenant, four 
 i porals, two mu two prii • 
 
10 ORDINANCES OF THE VIRGINIA CONVENTION. 
 
 Of what regiment of cavalry shall consist of one colonel, one lieutenant 
 
 " colonel, one major, one adjutant, \\h<> shall be a lieutenant, one Ber- 
 
 .t major, one qnartermaetei Bergeant, one chief musician, two 
 
 chief buglers, and tea companies; and cadi company shall consist 
 
 of one captain, one first lieutenant, one second lieutenant, exclusive 
 
 of the lieutenant who is to be the adjutant of the regiment, four ser- 
 geants, one of whom shall act as quartermaster sergeant to the 
 company, four corporals, two buglers, one farrier ami blacksmith ami 
 seventy-two privates. 
 
 Or what The regiment of riflemen shall consist of one colonel, one lieu- 
 
 , : , .,,;,;- tenant colonel, one major, one sergeanl major, one quartermaster 
 sergeant, two principal musicians, ami ten companies; and each 
 company shall consist of one captain, one first lieutenant, one se- 
 cond lieutenant, four sergeants, four corporals, two musicians and 
 
 seventy-two privates. 
 
 officers The brigadier generals and field officers of the said provisional 
 tu be appointed ani)v ^ a]] 1(e appomte (| ])} . tlie goyemor, by and with the advice and 
 
 consent of this convention, and the captains and lieutenants shall be 
 appointed by the governor, by and With the advice and consent of 
 his advisory council, and the governor shall commission the same; 
 hut in the recess of the convention, the governor may appoint the 
 general and field officers, by and with the advice and consent of his 
 advisory council, if the said officers cannot he SOOner appointed ; hut 
 
 the appointment of such officers shall fie subject to ratification or re- 
 jection by the convention at its adjourned session, and their commis- 
 sions shall expire upon the adjournment of the convention, unless 
 Preference to be confirmed. In making all the appointments for the provisional 
 
 Sln^tathe* 1 ' army, preference shall he given to all worthy and efficient citizens 
 
 United Statei u j reB i(lent8 of Virginia, who have held or now hold commissions 
 
 army 
 
 in the army of the United Stales, and have resigned or shall resign 
 the same with a view to offer their services to this state. 
 
 Major general to The major general commanding the military and naval forces of 
 
 ,;;,;:, ;; ,ls the state shall be entitled to two aids" decamp, who may be taken 
 ■ ,r - v from the line without regard to rank ; and he may appoint a military 
 
 secretary either from private citizens or from the subalterns of the 
 Pay of secretary army, who, for the time being, shall have the pay and emoluments 
 of a captain of cavalry. Each brigadier general shall be entitled to 
 one aid, to be taken from the subalterns of the line; and to each re- 
 giment there shall be an adjutant, to be appointed from among the 
 
 subalterns by the commanding officer of the regiment. 
 
 Term of enlist- The non-comniissioiied officers, musicians, artificers, farriers and 
 blacksmiths and privates Of the provisional army, shall be enlisted 
 for three years, unless sooner discharged, and the regulations for 
 their enlistment shall be prescribed by the major general command- 
 
ORDINANCES OF THE VIRGINIA CONVENTION. 11 
 
 ing the military and naval forces, subject, however, to the approval 
 of the governor and his advisory council. 
 
 I 
 
 The officers of the provisional army shall take rank and precedence Rank of offio rs 
 over all officers of the same grade Of the volunteers and militia, army totaie 
 
 without regard to date of commission; and the governor may pm- prcce ence 
 oeed at once t<> appoint) in the mode prescribed, the general and field 
 
 officers of the provisional army, and they may be assigned to duty 
 
 with their respective rank with the volunteers which have been or 
 may be called into sen ice. 
 
 General regulations for the provisional army and all the depart- General refenla- 
 ments of the military and naval forces, may be prescribed by the scribed ° w pre 
 
 Commander of the military and naval forces, subject to the ratifica- 
 tion of the governor and his advisory council. 
 
 This ordinance shall be in force from the time of its adoption, and Commencemcrt 
 be subject in amendment, modification or repeal by this convention, 
 
 or by the general assembly. 
 
 • 
 
 14.— An OR1 UNANCE establishing the Navy of Virginia. 
 
 Tagged April 'J7, 186L 
 
 Be it ordained, that the navy of Virginia idiall consist of two thou- Of what the 
 Band seamen and marines, in such proportions as the governor shall conitst ' 
 deem expedient, and of such officers as have availed themselves or 
 may hereafter avail themselves of the invitation of this common- 
 wealth to worthy and efficient Virginians and residents of Virginia 
 in the navy of the United States t<> retire therefrom ami to enter the 
 Service of this State. The rank of such officers shall not be reversed, mink not to be 
 and tiny shall have at least a rank equal to that held in the United 
 V- 
 
 2. The organisation of the navy shall be prescribed by the [rover- Orgaajsauoa, 
 nor, ami the pay, rations ami allowance- shall be the same with those 
 of the United States uavy at tin- present time. 
 
 ::. Virginian ami residents of Virginia on the reserved list of the virginiai 
 lavy, who resigned and desire to enter the service of i 
 ie. may be provided for bj the governor, by allowing them tl 
 same pay they received in the United state- navy f and reguiring from • v,rnr,r 
 them such duties m they are competent to diseiuu - 
 
 1. T'"' rules for the government of thi United Si 
 
 I time shall 1- 
 
12 
 
 OKI) I. NANCES OF THE VIRGINIA CONVENTION. 
 
 1 pro- governor, and made applicable to the navy of Virginia, and shall 
 then be promulgated as the rules governing the Baid navy. 
 
 i 
 
 w.ul 
 
 5. The term of enlistment in the navy shall be three years for sea- 
 men and five fo| the marines ; and boys not under thirteen may be 
 enlisted with the consent of their parents or guardians. Proper re- 
 gulations for enlistment shall be prescribed bj the governor. 
 
 u ■ I depart- 6. A medical department shall be organized by the governor ; but 
 
 ,'■',',1° no person shall be appointed thereto who has not been ;i Burgeon or 
 assistant surgeon in the navy of the United States, or been examined 
 and approved by a board of surgeons designated for the purpose. 
 
 No. 15. — An ORDINANCE to provide for the organization of Staff Depart- 
 ments for the Military Forces of the State (but subsequently amended 
 and re-enacted). 
 
 Passed April 21, 1861. 
 
 How tbi Beit ordained, that the governor of Virginia is empowered and 
 
 departmi ate di- ,. , . ...-,. 
 
 vhi d and Low directed to organize, as the exigencies ot the service may require : 
 
 composed 
 
 1. A subsistence department, to be composed of one colonel, one 
 lieutenant colonel, two majors, and four captains. 
 
 2. A quartermaster's department, of one colonel, one lieutenant 
 colonel, two majors, and four captains. 
 
 3. A pay department, to be composed of four paymasters, with 
 the rank of major of cavalry. 
 
 4. A medical department, to be composed of one surgeon general, 
 with the rank of colonel of cavalry, ten surgeons, and ten assistant 
 
 surgeons. 
 
 5. An adjutant general's department, to be composed of one ad- 
 jutant general, of the rank of colonel of cavalry, with authority to 
 the commander in chief to detail as many officers as assistant adju- 
 tant generals as the service may require. 
 
 This ordinance shall be in force from its passage. 
 
ORDINANCES OF THE VIRGINIA CONVENTION. 
 
 ^ 
 
 No. 16. — An ORDINANCE amending and re-enacting the Ordinance 
 
 adopted on the twenty-first instant, for the organization of Stall" Depart- 
 ments for the Military Forces of the State. 
 
 Passed April 24, 1861. 
 
 Be it ordained, that the governor of the commonwealth be and he Number of staff 
 is hereby authorized and required to organize, as the exigencies of how composed 
 
 the service may require : 
 
 An adjutant general's department, with one adjutant general of 
 the rank of colonel, two assistant adjutant generals of the rank of 
 major, and four assistant adjutant geuerals of the rank of captain. 
 
 A quartermaster's department, with one quartermaster general of 
 the rank of colonel, one assistant quartermaster general with the 
 rank of lieutenant colonel, two quartermasters with the rank of 
 major, and four assistant quartermasters, with the rank of captain. 
 
 A subsistence department, with a commissary general of the rank 
 of colonel, an assistant commissary general of the rank of lieutenant 
 colonel, two commissaries of the rank of major, and four assistant 
 commissaries of the rank of captain. 
 
 A medical department, with a surgeon general of the rank of 
 colonel, ten surgeons of the rank of majors, and ten assistant sur- 
 geons of the rank of captain. 
 
 A pay department, with a paymaster general of the rank of colonel, 
 and three paymasters with the rank of major. 
 
 An engineer corps, with one colonel, one lieutenant colonel, two • 
 majors, six captains, two first lieutenants, and two second lieutenants. 
 
 To this corps shall he attached two companies of sappers and Sappers and 
 iners, to each of which shall be assigned one c 
 
 tenant, and one second lieutenant of engineers. 
 
 miners, to each of which shall be assigned one captain, one first licu- 
 
 The adjutant general's department above provided for, shall be Adjutant geae- 
 the adjutant general's department for all the military forces Which provided for by 
 
 shall be called into service in the field, camp or garrison, and shall uidependentof 
 
 lie entirely separate and independenf of the adjutant general's tic- *2|» nt SBBitm«ii 
 partnient of the militia, and the quartermaster's department, the «**• 'mUiti* 
 subsistence department, the medical department, and the pay de- 
 partment shall take charge of all the operations of their respective 
 departments for all branches of the military service. 
 
 The governor shall appoint the officers of the several departments Governor to ap- 
 above oamed, including the engineer oorps, b v and with the advice 
 
14 ORDINANCES OF THE YIKOINIA CONVENTION. 
 
 ami consent of the advisor}' council, established under an ordinance 
 of this convention, and he shall commission the same. 
 
 Commencement This ordinance shall be in force from its passage, and shall be in 
 the lieu and stead of the ordinance adopted on the twenty-first instant. 
 
 No. 17. — An ORDINANCE in respect to Confirmations by the Convention. 
 Passed April 27, 18C1. 
 
 Convention to Be it ordained, that no appointment of officers of volunteers above 
 
 ments above. the rank of lieutenant colonel .shall be valid until confirmed by the 
 
 colonel* 11 * convention, unless made during the recess of the convention : and in 
 
 Exception sncli ease the appointment, unless subsequently confirmed, shall be 
 
 deemed vacated on the adjournment or recess of the convention: 
 
 And all such appointments heretofore made, shall be sent into the 
 
 convention for confirmation or rejection. 
 
 No. 18. — An ORDINANCE concerning the Quartermaster's Department. 
 Passed April 27, 1861 (but subsequently repealed). * 
 
 Duty of quarter- Be it ordained by the convention as follows, to wit : That in addi- 
 tion to their duties in the field, it shall be the duty of the quarter- 
 master general, his deputies and assistant deputies, when thereto 
 directed by the governor, to purchase military stores, camp equipage 
 and other articles requisite for the troops, and generally to procure 
 and provide means of transport for the army, its stores, artillery and 
 
 To account to camp equipage : that the quartermaster general shall account as often 
 as may be required, and at least once in three months, with the first 
 auditor, in such manner as shall be prescribed, for all property which 
 may pass through his hands or the hands of the subordinate officers 
 of his department, or that may be in his or their care or possession, 
 and for all moneys which he or they expend in discharging their re- 
 spective duties ; that he shall be responsible for the regularity and 
 
 Oath to be taken correctness of all returns in his department ; and that he, his depu- 
 ties and assistant deputies, before they enter on the execution of 
 their respective offices, shall severally take an oath faithfully to per- 
 
 Penalty of bond form the duties thereof; the penalty of said bonds to be prescribed 
 by the governor, and said bonds to be filed with the first auditor; 
 that the quartermaster general shall be responsible for the regularity 
 ami correctness of all returns in his department. 
 
 *This ordinance was repealed on the 30th of April 1861, by § 18 of No. 25, and is 
 
 published only because certain rights and liabilities may have accrued under it before 
 its repeal. 
 
ORDINANCES OF THE VIRGINIA CONVENTION. 1-3 
 
 Neither the quartermaster general, the commissary general, nor QuartennaBter 
 
 „ ■ . -i ,. • , . -i , • i n i general and hla 
 
 any or either of their deputies or assistant deputies, shall be con- deputies prohi- 
 
 cerned, directly or indirectly, in the purchase or sale, for commer- to g ^ r goSng y 
 cial purposes, of any article intended for, making a part of, or ap- 
 pertaining to their respective departments, except for and on account 
 of the state of Virginia; nor shall they or either of them take or 
 supply to his or their use any gain or emolument for negotiating or 
 transacting any business in their respective departments, other than 
 what is or may be allowed by law. 
 
 That the quartermaster general be and he is hereby empowered to Barrackmaster 
 appoint one principal barrackmaster, and as many deputy barrack- be appoinuli 
 masters as may from time to time be necessary, not exceeding one 
 to each separate barrack or cantonment. 
 
 That the governor of the state of Virginia be and he is hereby Special commis- 
 empowered, as he may deem it expedient, either to appoint, for the pointed by 
 time being, a special commissary or commissaries for the purpose | K " N """ r 
 supplying, by purchase or contract, and of issuing, or to authorize 
 any officer or officers in the quartermaster general's department to 
 supply and issue as aforesaid, the whole or any part of the subsistence 
 of the army in all eases where, either from the want of contractors, 
 or from any deficiency on their part, or from any other contingency, 
 such measure may be proper and necessary in order to insure the 
 subsistence of the army or of any part thereof; and such special com- Compensation 
 missaries shall each, whilst employed, be entitled to the pay and 
 emoluments of a deputy quartermaster general. 
 
 The quartermaster general shall be authorized, with the approba- 
 tion and under the direction of the governor, to appoint as many fo- 
 wagon and barrackmasterB, and to employ as many artificers, 
 
 mechanics and laborers as the public service may require. 
 
 All officers of the navy, commissary and quartermaster's depart- Commissary and 
 
 • " , i • r , • allofficert 
 
 ment shall, previous to their entering on the duties oi their respeo- navy to give 
 
 the offices, give bonds with snflicient security, to be approved of by 
 
 tic first auditor, conditioned for the faithful expenditure of all public 
 
 moneys, and accounting for all public property which may come to 
 
 their hands, respectively ; and the quartermaster genera] and com- 
 missary genera] shall neither be liable for any money or property 
 
 that may mine into the hands of the subordinate others of hifl de- 
 partment, who are required by this ordinance to give bond. And 
 all paymasters, commissaries and storekeepers shall be .-abject to 
 the rule- and article- of war in the same manner a- commissioned 
 
 officers. 
 It shall be the duty of the quartermaster's department, in ad lition Quart* • 
 
 i-i ii • • department to 
 
 to its duties above prescribed, to receive from the purchasing depart- distrust* 
 
16 
 
 ORDINANCES OF THE VIRGINIA CONVENTION. 
 
 ciotbinc. <fcc. to ment, and distribute to the army, all clothing and camp and garrison 
 equipage required for the use of the troops, and that it shall be the 
 duty of the quartermaster general, under the direction of the gover- 
 nor, to prescribe and enforce, under the provisions of this ordinance, 
 a system of accountability for all clothing and equipage issued to the 
 army. 
 
 Quarterly re- 
 turn* to be made 
 by captains to 
 
 quartermaster 
 general 
 
 Officers charged 
 with the issue of 
 clothing, &c. to 
 be charged with 
 deficiency or 
 damage 
 
 Every captain or commander of a company, detachment or recruit- 
 ing station, or other officer who shall have received clothing or camp 
 equipage for the use of his command or for issue to the troops, shall 
 render to the quartermaster general, at the expiration of each regular 
 quarter of the year, quarterly returns of such supplies according to 
 the forms which may be prescribed, accompanied by the requisite 
 vouchers for any issue that shall have been made ; which returns and 
 vouchers, after due examination by the quartermaster general, shall 
 be transmitted for settlement to the first auditor. It shall be the 
 duty of all officers charged with the issue of clothing or other sup- 
 plies, carefully to preserve the same from waste or damage ; and in 
 case of deficiency in final settlement of any article of supplies, the 
 value thereof shall be charged against the delinquent, and deducted 
 from his monthly pay, unless he shall show to the satisfaction of the 
 first auditor, by one or more depositions setting forth the circum- 
 stances of the case, that the said deficiency was occasioned by un- 
 avoidable accident, or was lost in actual service without any fault on 
 his part ; and in case of damage, he shall also be subject to charge 
 for the damage actually sustained, unless he shall show, in like man- 
 ner, to the satisfaction of the first auditor, that due care and atten- 
 tion were given to the preservation of said supplies, and that the 
 damage did not result from neglect. 
 
 In case of ab- 
 Bence, governor 
 to appoint tem- 
 porary officer 
 
 That during the absence of the quartermaster general, or the chief 
 of any other bureau or department of the military department, the 
 governor be authorized to empower some officer of the department 
 or corps whose chief is absent, to take charge thereof, and to perform 
 the duties of quartermaster general or chief of the department or 
 corps, as the case may be, during such absence : provided, that no 
 additional compensation be allowed therefor. 
 
 Military store- There shall be added to the quartermaster's department not ex- 
 appointed b ° ceeding three military storekeepers ; and such storekeepers shall be 
 appointed in the same manner as the quartermaster general, and 
 Bond to be given shall, before entering upon the performance of their duties, give bond 
 with sufficient security, to be approved by the governor, in such pe- 
 nalty as the governor may direct, with condition for the faithful per- 
 formance of their duties : said bonds to be filed with the first auditor. 
 
 All bonds required to be given by this ordinance shall be made 
 payable to the state of Virginia. 
 
ORDINANCES OF THE VIRGINIA CONVENTION. 17 
 
 This ordinance shall be in force from its adoption, subject to Commencement 
 amendment, mollification or repeal by this convention, or by the 
 general assembly of Virginia. 
 
 N©. 19. — An ORDINANCE concerning the Commissary Department. 
 
 Passed April 07, 1861. 
 
 Be it ordained by the convention as follows, to wit : The commis- Bomis of com- 
 
 , . mlssariea 
 
 sary general, assistant commissary general, commissaries and as- 
 sistant commissaries, before entering on the duties of their oflices, 
 shall give bonds with approved security, in such penalties as the 
 governor may direct ; and as ninny acting assistant commissaries 
 may be detailed from the subalterns of the line as may be necessary, 
 who shall likewise give bond and security as above directed. The 
 bunds hereby required to be given shall be made payable to the state 
 of Virginia, and shall be tiled with the first auditor. The commis- Duties 
 sary general and his assistants shall perform such duties in pur- 
 chasing and issuing of rations to the army of the state of Virginia 
 as the governor may direct. , 
 
 Supplies for the army, unless in particular and argent cases the How supplies 
 governor should otherwise direct, shall be purchased by contract, to 
 be made by the commissary general, on public notice, to be delivered 
 on inspection in the bulk, and at such places as shall be stipulated; 
 which contract shall be made under such regulations as the governor ' 
 may direct. 
 
 This ordinance shall be in force from the time of its adoption, sub- 
 ject to amendment, modification or repeal by this convention, or by 
 the general assembly of Virginia. 
 
 No. 20.— An ORDINANCE prescribing the Duties of'the Paymaster 
 < leneral. 
 
 I'.. -■ .1 April 27, 1861. - */ 
 
 The paymaster general shall receive from the treasury <>f the state 
 all mone] a entrusted to him to pay the troops or purchase subsistence 
 or forage, lie shall receive the pay abstracts of the paymasters of 
 the several regiments or corps, ami shall compare them with the 
 rations or muster rolls accompanying the said abstracts. lb' shall Tor, rtify nio 
 certify to the commanding officer the sums due to the respective eachoorp* to Um 
 corps, who shall thereupon issue his warrant on the said paymaster ^bow* 11 
 genera] for payment accordingly. Copies of all reports to the com- Beportaaadwot 
 
18 
 
 ORDINANCES OF THE YIROINIA CONVENTION. 
 
 rants to be trans- mandmg officer and die ■warrants thereon shall be duly transmitted 
 
 auditor " to the office of the first auditor, to be examined and finally adjusted 
 
 at the treasury. 
 
 This ordinance shall be in force from its adoption, and be subject 
 to amendment, modification or repeal by this convention, or by the 
 general assembly. 
 
 Members of 
 board, and their 
 powers and 
 duties 
 
 No. 21. — An ORDINANCE to provide a Board, to whom shall be referred 
 all Claims for Expenditures arising from the organization, equipment and 
 support of the Land and Naval Forces called or to be called out for the de- 
 fence of the Commonwealth under the present emergency. 
 
 Passed April 27, 1861 (but subsequently repealed).* 
 
 Be it ordained by the convention of the commonwealth of Virginia, 
 that George W. Munford, John R. Tucker and Jonathan M. Bennett, 
 any two of whom may act, shall be a board of commissioners, with au- 
 thority to audit and settle, upon principles of law and justice, all ac- 
 counts for expenses incurred in the assembling, arming, equipping 
 and maintaining troops, and for transporting munitions of war, and 
 every tiling connected therewith; for officering, equipping and main- 
 taining the navy of the state, and for the pay of officers, seamen and 
 marines and employees at navy or dock yards, including transporta- 
 tion of ordnance, ammunition and stores of every description, the pur- 
 chase of vessels, and for damages arising for seizure and detention of 
 vessels, or from injury or use of cargo or property of any description 
 either by the land or naval forces, and for all other incidental ex- 
 penses incurred in the defence of the state, including expenses inci- 
 dent to the guarding, supporting and transportation of prisoners or 
 others. And for this purpose the said commissioners are authorized 
 to administer oaths or to require affidavits to be made where neces- 
 sary. The said commissioners shall be authorized to place in the 
 hands of proper disbursing officers, under regulations to be prescribed 
 by them for the security of the money to be disbursed, such sums of 
 money as may be required to give efficiency to the raising and sub- 
 sistence of the army and navy ordered into service from time to time 
 under competent authority. All accounts shall be sustained by pro- 
 per vouchers, and when allowed shall be kept in a general account 
 under proper heads for future settlement. And when said accounts 
 are so sustained and allowed, or when advances are made as afore- 
 AndltoT to issue said, the said commissioners are hereby authorized to direct the au- 
 ditor of public accounts to issue his warrants for the several amounts 
 thereof, to be paid out of any money in the treasury not otherwise ap- 
 propriated. 
 
 Oath to be ad- 
 ministered 
 
 * This ordinance was repealed on the 30th of April 1861, by § 18 of ordinance No. 
 25, and is published only because certain rights and liabilities may have accrued under 
 it before its repeal. 
 
ORDINANCES OF THE VIRGINIA CONVENTION. '» 
 
 The said accounts so allowed and paid, shall be certified by said How accounts to 
 
 i r i /-, be certified 
 
 commissioners quarterly, for payment, to the government 01 the Con- 
 federate States, to be paid according to the convention between this 
 state and the said Confederate States, adopted on the twenty-fifth 
 April eighteen hundred and sixty-one; and upon payment thereof, 
 
 the sum so received shall be paid into the public treasury of this 
 commonwealth. 
 
 The said commissioners shall have power to appoint a clerk or 
 clerks. 
 
 The oommisionere hereby appointed, for their services shall bo al- Pay of rommiR- 
 
 . - sinners and their 
 
 lowed each the sum of three dollars per day of actual service, and clerk 
 they may allow to their clerk or clerks such sum as may be reasonable. 
 
 No. 22.— Au ORDINANCE providing for Enlistment in the Provisional 
 
 Army. 
 
 Passed April 27, 1801." 
 
 1. All free, able-bodied, effective men, between the ages of eigh- Who to be en- 
 teen and forty-five years, may be enlisted, and the enlistment shall 
 
 be binding on minors, provided they are allowed four days, including Provision as to 
 the day of enlistment, to reconsider and retract their enlistment. 1 " 
 During these four days, they shall receive no pay, bounty or clothing, 
 and shall not be restrained of their liberty. After the expiration of 
 that period, without retraction, the enlistment shall be binding. 
 
 2. Minora enlisting without the knowledge of their parent or 
 guardian, shall be discharged on the application of such parent or 
 guardian. 
 
 3. No person convicted of an infamous offence shall be enlisted, who not to be 
 
 * enlisted 
 
 — An ( IRDIN \N< IE regulating the Term Pay and Man- 
 
 ner of Enlistment of Volunteers. 
 
 d April SO, 18SL 
 
 Beit ordained, that the term of service of the volunteers called Term of i 
 Into service under the ordinance passed on the l?th of April 1861, 
 
 shall be twelve months from the time they were mustered into ser- 
 
 rioe, unless they be sooner ditohai pt where their term of Exception 
 
 enlistment, under existing laws, expires before the end of the said k 
 
 period; in which case, they shall be discharged on tie expiration of 
 such enlistment. 
 
20 
 
 ORDINANCES OF THE VIRGINIA CONVENTION. 
 
 2. Enlistment for the volunteer corps, after they are mustered into 
 service, shall be made in conformity with such regulations as the 
 commander in chief shall prescribe. 
 
 when pay com- 3. The pay of the volunteers shall commence from the time they 
 were organized at any rendezvous under proper authority. 
 
 No. 24. — An ORDINANCE prescribing the Pay of the Provisional Army 
 and of the Volunteer forces of the State of Virginia. 
 
 Passed May 1, 1861. 
 
 Be it ordained, that the major general and commander of the 
 military and naval forces of the state of Virginia shall be entitled to 
 receive the same pay, allowances and emoluments which are given 
 to a major general in the army of the United States. 
 
 Grade 2. That the general and field officers of the volunteers shall not 
 
 exceed in grade the general and field officers of the provisional army. 
 
 Pay, emolu- 
 ments, &c 
 
 3. The pay, emoluments and subsistence of the provisional army, 
 and of the volunteers and militia in actual service, shall be the same 
 with those of the army of the Confederate States. If there be any 
 grade in the provisional army or the volunteers and militia herein 
 before provided for, the governor, by and with the advice of his 
 council, may prescribe the pay for such grade until further provision 
 be made therefor. 
 
 4. This ordinance shall be in force from its adoption, and be 
 subject to amendment, modification or repeal by this convention, or 
 by the general assembly. 
 
 Members of the 
 board ; powers, 
 duties, &o 
 
 No. 25. — An ORDINANCE for the better regulation of the Departments of 
 the Army and Navy of Virginia, and for the audit and settlement of Ac- 
 counts and Claims arising in the present emergency tor the defence of the 
 Commonwealth. 
 
 Passed April 30, 1861. 
 
 1. Be it ordained by the convention of the commonwealth of Vir- 
 ginia, that George W. Munford, J. R. Tucker and J. M. Bennett 
 (any two of whom may act), shall constitute a board of commission- 
 ers, with authority to audit and settle, upon principles of law and 
 justice, all accounts for expenses heretofore or hereafter to be incurred 
 in the assembling, arming, equipping and maintaining troops, in the 
 transportation of the same, of munitions of war, provisions, and sup- 
 

 OKDINANCES OP THE VIRGINIA CONVENTION. 21 
 
 plies of every kind, and for any other purpose connected therewith : 
 also, all expenses for officering, equipping and maintaining the navy 
 of the state, and for the pay of officers, seamen and marines therein, 
 and all employees at navy and dock yards, including herein the ex- 
 pense of transportation of ordnance, ammunition and stores of every 
 description, the purchase of vessels, and damages arising from seizure 
 and detention of vessels, or from injury to or use of cargo or properly 
 of any kind by land or naval forces, or under the order of the autho- 
 rities of the state : also, for all other incidental expenses incurred or 
 to be inclined in the defence of the commonwealth, including herein f 
 the guarding, support and transportation of prisoners, and all claims 
 for arms, and for machinery for the manufacture of arms in the pub- 
 lic armory, or others authorized by existing or future contracts. The 
 said board are further authorized to administer oaths or to require 
 alii davits or other evidence necessary to the proof of all such claims. 
 The governor shall have power to supply any* Vacancy occurring in Vacancy, how 
 the said board. In all cases arising under this section, the claimant bUpp 1C 
 shall have a right of appeal from the decision of the board to the 
 governor of the commonwealth. 
 
 2. The said board shall be authorized to require of the several Hoard to require 
 heads of the departments established by this convention, an estimate departments ea- 
 of the sums necessary to be disbursed by them for the public service: ^a^dtoburae- 
 and upon the same being furnished, to place from time to time, un- 1I "'" ts 
 
 der the control of the proper disbursing officers in said departments, 
 such sums of money as may be required, and as may be properly 
 applicable thereto, for the raising and support of the army and navy 
 ordered into service from time to time under legal authority. 
 
 3. All accounts presented to the said board under the first section How accounts to 
 shall be sustained by proper vouchers, and when allowed, shall be 
 
 kepi in a general account, under proper heads, for future settlement. 
 When said accounts are so allowed, and when moneys are ordered to 
 
 be disbursed by the 1 rd under the second section, the said board 
 
 i< hereby authorized to direct the auditor of public accounts to issue 
 
 his warrants for the several amounts so allowed, to be paid out of How paid 
 
 any money in the treasury not otherwise appropriated. 
 
 4. The board shall adopt such regulations as it may approve, for 
 tin 1 security of the money to he disbursed under its direction under 
 the second lection; and for this end, may require the heads of the 
 several departments to submit such a system of regulations for that. 
 purpose as may lie right and proper. 
 
 5. Th" accounts allowed under the first section, except claims for \.m„ n tf<tob« 
 
 .inn-, and machinery for the manufacture of ami'- authorized by ex- [e^yto tSego. 
 isting laws, and the disbursement ordered under the second section, confod' 
 shall be certified in proper form, at the end of every quarter of a ,s,aU ' s 
 96 
 
22 
 
 ORDINANCES OF THE VIRGINIA CONVENTION. 
 
 year, for payment) to the government of the Confederate States of 
 America, according to the convention hetween this commonwealth 
 and the said Confederate States, adopted on the twenty-fifth day of 
 April eighteen hundred and sixty-one; and when the same shall he 
 received, it shall be paid into the treasury of this commonwealth. 
 
 Pay of members 
 and their clerks 
 
 6. The said hoard shall for their services receive the sum of three 
 dollars per day of actual service, to be paid to each of them ; and 
 shall have power to appoint a clerk or clerks, and to allow to them 
 . such compensation as may be reasonable. 
 
 Additional du- 
 ties of quarter- 
 master depart- 
 ment 
 
 Quartermaster 
 to report to 
 board ; when 
 and how 
 
 7. And for the better regulation of the quartermaster's depart- 
 ment, it is ordained, that in addition to field duties, it shall be the 
 duty of the quartermaster general, and the subordinates in his depart- 
 ment, when thereto directed by the governor, to purchase military 
 stores, camp equipage, and other articles required for the troops, and 
 to procure and provide means of transport for the array, its stores, 
 artillery and camp equipage ; and in'order thereto, to report such an 
 estimate as may be proper to the said board, constituted by the first 
 section, of the cost thereof; and to disburse the sums under their 
 control, by the said board, to the best advantage. It shall be the 
 duty of the quartermaster general to report to and account with said 
 board, and in three months, or oftener, if required, in such manner 
 as it shall prescribe, for all money and property which may pass 
 through his hands or those of his subordinates, or may be disbursed 
 by them as aforesaid, or may be in his or their care or possession. 
 The quartermaster general shall be responsible for the regularity and 
 correctness of all the returns of his subordinates in his department. 
 
 Quartermaster 8. The quartermaster general is authorized to appoint, with the 
 ^n^ Si^M tOTa 86 approbation and under the direction of the governor, as many forage 
 &c wagonmasters, and employ as many artificers, mechanics and laborers 
 
 as the public service may require. 
 
 To distribute 
 clothing, &.C 
 
 9. It shall be the duty of the quartermaster's department to dis- 
 tribute to the army all clothing, camp and garrison equipage and 
 other articles required for the army ; and to prescribe and enforce, 
 according to such regulations as shall be approved by the said board, 
 a proper accountability for such clothing, equipage and other articles 
 so distributed to the army. 
 
 Every captain or commander of a company, detachment or recruit- 
 £ort Pa t ni/ W S station, or other officer, so receiving clothing, equipage, or other 
 quarterly to articles for the use of his command, or for issue to the troops, shall 
 
 quartermaster 
 
 general render to the quartermaster general quarterly returns thereof, accord- 
 
 ing to the requisite forms, and accompanied by the proper vouchers ; 
 which returns and vouchers shall be included by the said _quarter- 
 master general in his report and account with the board hereby con- 
 stituted. 
 
 Captain of a 
 
H : 
 
 ORDINANCES OF THE VIRGINIA CONVENTION. 23 
 
 It shall be the duty of all officers charged with the duty of issuing Clothing, &c. to 
 clothing, equipage or other articles, to secure the same from waste from waste and 
 and damage. In case of the loss of any such articles, or damage offi^Trecciving 
 thereto, the value thereof on final settlement with the officer, shall f lothin ^ *J-, t0 
 
 be responsible 
 
 be charged against him and be deducted from his pay, unless he thereto 
 shall show to the satisfaction of the quartermaster general, and to 
 the said board, in passing on his accounts, by proper evidence, that 
 such loss or damage occurred from unavoidable accident, or in actual 
 service, without fault on his part, and was not the result of neglect 
 on his part, and that he used due care and attention for the preserva- 
 tion of such articles. 
 
 10. There shall be added to the quartermaster's department mili- Military store- 
 tary storekeepers, not exceeding three in number, who shall be appointed 
 appointed in the same manner as the quartermaster general. 
 
 11. The other departments of the army and navy of this com- 
 monwealth shall be subject, in like manner, as the quartermaster's 
 department, to the provisions of the second, third, fourth, fifth and 
 seventh sections of this ordinance, in so far as their respective duties 
 under existing or future laws, may make them applicable. 
 
 12. Whenever the quartermaster general, or the chief of any depart- in case of ab- 
 ment of the army or navy of the commonwealth shall be absent or caucy,°goVernor 
 unable to attend to his duty, the governor is hereby authorized to t0 appomt 
 empower some officer of such department to take charge thereof, and 
 
 to perform the duty of said quartermaster general or chief during 
 said absence or inability : provided, that no additional compensation 
 be allowed therefor. 
 
 13. The governor is hereby authorized to appoint, for the time Special commto- 
 
 , . • , r , , c i • saries to be ap- 
 
 being, one or more special commissaries, for the purpose of supplying pointed by go- 
 by purchase or contract, and of issuing, or to authorize one or more vernor 
 officers in the quartermaster's department to supply and issue the 
 whole or any part of the subsistence of the army, in all eases, when 
 from the want of contractors, or a deficiency on their part, or any 
 other cause, such measure may be necessary and proper to secure the 
 subsistence of the army; and such special commissaries shall, whilst 
 fo employed, be entitled to the pay and emoluments of a deputy 
 
 quartermaster general. 
 The governor Aril have authority to appoint any additional offi- Any additional 
 subject i" the control of the legislature, whenever the chief of appointed 
 any department <>f the army and navy shall report thai they are re- 
 quired for the public service, and the board hereby constituted shall 
 concur in such report, and request the governor to make such ap- 
 pointments. 
 
 1 1. No officer Of the army or navy of Virginia, nor quartermaster, who rxriaded 
 PajrmastCif or mimmisiarji nor any member of the board herein Ma- 
 
 tron buying, 
 
•24 
 
 ORDINANCES OF THE VIRGINIA CONVENTION. 
 
 selling, raaim- 
 f.wrturing, &c 
 
 Delinquencies 
 
 Btitnted, shall be concerned, directly or indirectly, for himself, or as 
 agent, or as partner in any contract, sale, purchase, manufacturing 
 or supply of any article intended for or appertaining to any of said 
 departments, except for and on behalf of Virginia; nor shall any of 
 said officers take or receive to his use and benefit any gain, commis- 
 sion or emolument for any negotiation or transaction of any business 
 in any of said departments, other than may be allowed by law. If 
 any disbursing officer mentioned in this ordinance shall be found de- 
 linquent in his accounts, the board are hereby required to report the 
 fact to the governor, who shall thereupon strike the name of said 
 officer from the roll of the army and navy. 
 
 15. Each and all of the officers named in this ordinance and con- 
 nected with the departments of the army and navy, shall take the 
 oaths prescribed by the Code of Virginia, chapter thirteen, sections 
 one and three. 
 
 16. The board hereby constituted shall require every storekeeper, 
 paymaster and purser under this ordinance, to execute bond, with 
 sufficient surety, in a penalty to be fixed by the board, conditioned 
 according to law. The said board, in their discretion, may require 
 similar bonds of any officers of the army and navy, referred to in this 
 ordinance. Neither the quartermaster general, nor the commissary 
 
 for loss omegicct^ enera ^ nQr an ^ fa e j k^ f a (j e p ar t me nt, shall be responsible for 
 
 any loss which may accrue by the act or neglect of any subordinate' 
 officer in such department, who has been lawfully put in possession 
 of money or other property under this ordinance, or any law of this 
 commonwealth. 
 
 All bonds hereby required shall be payable to the commonwealth 
 of Virginia.. 
 
 All paymasters, commissaries and storekeepers shall he subject to 
 the rules and articles of war, in the same manner as commissioned 
 officers. 
 
 Officers to take 
 oath 
 
 Bond to be exe- 
 cuted by store- 
 keepers, &.C 
 
 Responsibility 
 
 Duties of officers 
 in different de- 
 partments, bow 
 determined 
 
 Ordinances re- 
 pealed 
 
 17. The duties of the officers of departments in the army and navy 
 shall, in so far as they may not be inconsistent with this or other or- 
 dinances of this convention, be determined by the laws of this state 
 and of the United States, which were in force within this common- 
 wealth on the seventeenth day of April eighteen hundred and sixty- 
 one. 
 
 18. The ordinance passed by this convention on the twenty-seventh 
 day of April eighteen hundred and sixty-one, entitled "a general or- 
 dinance to provide a board," &c, and an ordinance passed the same 
 day, entitled " an ordinance concerning the quartermaster's depart- 
 ment," are hereby repealed. 
 
 . 19. This ordinance shall be in force from its adoption, subject to 
 the right of this convention or of the general assembly to amend, alter 
 or repeal the same. 
 

 ORDINANCES OF THE VIRGINIA CONVENTION. 25 
 
 No. 26.— An ORDINANCE relating to the Medioal Department, the Adju- 
 tant General's Department and the Ordnance Department 
 
 Passed May 1, 1801. 
 
 Be it ordained, that regulations prescribing the duties of the sur- Regulations an 
 geon general, the surgeons, assistant surgeons, and all employees in adopted^by 
 the medical department, and for the efficient organization and go- governor 
 vernmont of said department, including the mode of making pur- 
 chases and providing stores, shall he adopted by the governor and 
 his advisory council ; and the governor, by and with the advice and Assistant sur- 
 consent of the said council, may appoint as many additional assistant app"J u \ ed ,e 
 surgeons in the said department as may be necessaiy; and whenever 
 it is proper, physicians may be temporarily employed, under such 
 rules as may be prescribed by the governor and his advisory council. 
 
 Be it further ordained, that all orders for calling out volunteers Oniorsforoaiiinp 
 and the militia for active service, and for arming the same, shall be how'iBBued 6 " 
 issued through the office of the adjutant general for the troops in ac- 
 tive service. 
 
 Be it further ordained, that the ordnance department organized Ordnance de- 
 under the provision of an act of the general assembly, heretofore SSerttiewm" 
 passed, be and the same is hereby placed under the control of the g r e 'neral the major 
 major general commanding the military and naval forces, subject, 
 however, to the constitutional powers of the governor. 
 
 This ordinance shall be in force from its passage. 
 
 No. 27. — An ORDINANCE providing Chaplains for the Provisional Army. 
 Passed April 27, 186L 
 
 Be it ordained, that the governor shall appoint one chaplain for Rank and pay 
 each brigade, who shall be entitled to the same pay and emoluments 
 as a major of infantry. 
 
 This ordinance shall be in force from the time of its adoption, and 
 be subject to amendment, modification, or repeal by this convention, 
 or by the general assembly. 
 
 No. 28.— An ORDINANCE providing Chaplains f..r the Volunfa 
 TasBprl April 30, iHfil. 
 
 Be it ordained, that the governor shall appoint one chaplain for Hank and pay 
 each regiment of volunteers who shall he entitled to the same pay 
 
 and emoluments as captflin- of < a\alrv. 
 
26 . ORDINANCES OF TIIE VIRGINIA CONVENTION. 
 
 This ordinance shall be in force from the time of its adoption, and 
 be subject to amendment, modification, or repeal by this convention, 
 or by the general assembly. 
 
 No. 29.— An ORDINANCE establishing Rules and Articles for the Govern- 
 ment of the Annies of the State of Virginia. 
 
 Passed May 1, 1861. 
 
 Rules of govern- Be it ordained by the convention of Virginia, that from and after 
 the passing of this ordinance, the volunteers in actual service and 
 the provisional arm)* shall be governed by the rules and articles of 
 war now in force in the army of the United States, amended as 
 follows : 
 
 Insert "the State of Virginia," instead of "the United States of 
 America or the United States;" "the Governor of Virginia," instead 
 of "the President of the United States;" "the Commander in Chief," 
 instead of "the Secretary of War;" "the office of the Adjutant 
 General," instead of " Department of War," or " Office of the De- 
 partment of War," wherever the latter phrases occur. 
 
 In Article V, strike out "the President of the United States, the 
 Vice-President thereof, against the Congress of the United States, or 
 against the Chief Magistrate, or Legislature of any of the United 
 States in which he may be quartered," and insert "the Governor, 
 Lieutenant Governor, Convention and Legislature of Virginia." 
 
 In Article X, strike out "them," in the phrase "I will serve 
 them," and insert "the State of Virginia." Strike out " their," 
 in the phrase "their enemies," and insert "her." 
 
 In Article XXXIV, strike out "in the State or Territory where 
 such regiment shall be stationed." 
 
 In Article LI, strike out " employed in any ports out of the United 
 
 States." 
 
 No punishment i n Article LXXXVII, strike out " nor shall more than fifty lashes 
 by stripeB 
 
 be inflicted on any offender, at the discretion of a court martial," 
 
 and insert "no corporeal punishment by stripes or lashes shall be 
 
 inflicted." 
 
 In Article XCVII, strike out the phrase beginning " save only," 
 and all that follows. 
 
 Article XCVIII, to be omitted, and the numbers of the articles 
 following to be reduced accordingly. 
 
°1 
 
 ORDINANCES OF THE VIRGINIA CONVENTION. 27 
 
 In Article CI, omit 3d, 4th, 6th, 8th and 9th paragraphs, and add Judge advocate, 
 to the article the following paragraph : " The governor, by and with 
 the advice of his council, may appoint from the army a suitable per- 
 son as judge advocate of the army, who shall have the brevet rank, 
 pay and emoluments of a major of cavalry." 
 
 No. 30. — An ORDINANCE to authorize the Governor to exempt certain 
 persons from Military Duty. 
 
 Passed April 24, 1861. 
 
 Beit ordained, that the governor be and is hereby authorized to Ran road em- 
 excuse from military service such number of the employees of each 
 rail road company as may be necessary to operate the road, and to 
 organize and arm them for the defence of the line of such road and 
 of its termini. 
 
 ployees exempt 
 
 No. 31 . — An ORDDJANCE concerning persons exempt from Military Duty. 
 Passed May 1, 18C1. 
 
 Be it ordained, that all persons necessarily and personally employed Employees in 
 in any factory for the manufacture of arms, munitions of war. sinus. 
 leather, cotton or woolen goods, or any other thing deemed necessary 
 for the defence of the state, shall be exempt from the performance of 
 military duty, unless drafted and detailed for actual service by order 
 of the governor, until otherwise provided by law. 
 
 No. 32. — An ORDINANCE concerning the Distribution of Anns. 
 Passed April 30, 1861. 
 
 Be it ordained, that Major General Lee be and he is hereby em- To whom issued 
 powered to issue arms to such parties as in his discretion the public 
 defence requires, and as the condition of the state will in his judg- 
 ment allow, under such terms and restrictions as he may deem proper 
 
 for tin- preservation and retain of the arms when required. 
 
 L— An ORDINANCE toettabliili i Flag for this Commonwealth. 
 
 Passed April 30, 
 
 Be it ordaimd by the convention of the commonwealth of Virginia! How mad© 
 that the fhiir of tin- < nnmmm\< ■alth shall In t< alt.T be mad.' «\ hunting. 
 
28 
 
 ORDINANCES OF THE VIRGINIA CONVENTION. 
 
 Device* 
 
 Flags for forts, 
 arsenals, &c 
 
 which shall be a deep blue field with a circle of white in the centre, 
 upon which shall be painted or embroidered, to show on both sides 
 alike, the coat of arras of the state, as described by the convention 
 of seventeen hundred and seventy-six, for one side of the seal of 
 state, to wit : 
 
 "Virtus, the genius of the commonwealth, dressed like an Amazon, 
 resting on a spear with one hand, and holding a sword in the other, 
 and treading on tyranny, represented by a man prostrate, a crown 
 fallen from his head, a broken chain in his left hand and a scourge in 
 his right. In the exergon the word Virginia over the head of Virtus, 
 and underneath the words " Sic Semper Tyrannis." 
 
 This flag shall be known and respected as the flag of Virginia. 
 
 The governor shall regulate the size and dimensions of the flag 
 proper for forts, arsenals and public buildings, for ships of war and 
 merchant marine, for troops in the field, respectively, and for any 
 other purpose, according to his discretion ; which regulations shall 
 be published and proclaimed by him as occasion may require. 
 
 This ordinance shall take effect from its passage. 
 
 No. 34. — An ORDINANCE providing for Deficiencies in the Civil aud 
 Military Contingent Funds. 
 
 Passed April 27, 1861. 
 
 How supplied Be it ordained, that the auditor of public accounts place to the 
 credit of the civil and military contingent funds, on the order of the 
 governor of the commonwealth, out of any money in the treasury 
 not otherwise appropriated, such sum or sums of money as will pro- 
 vide for deficiencies now existing or hereafter to arise in said funds, 
 or either of them. 
 
 This ordinance shall be in force until ten days after the commence- 
 ment of the next session of the general assembly. 
 
 Of what denomi 
 nation 
 
 No. 35. — An ORDINANCE to authorize the issue of Treasury Notes. ■ 
 Passed April 30, 1861. 
 
 1. Be it ordained, that the governor, for the purpose of raising 
 money for the defence of the state, is hereby authorized to direct the 
 auditor of public accounts to borrow for the commonwealth of Vir- 
 ginia, from time to time, an amount, not exceeding in the aggregate 
 two millions of dollars ; and for that purpose the said auditor, on the 
 

 ORDINANCES OF THE VIRGINIA CONVENTION. 29 
 
 order of the governor, shall issue treasury notes for the amount so 
 directed to be borrowed, in sums not less than twenty dollars. 
 
 2. The said treasury notes shall be prepared under the direction How prepared 
 of the governor, and shall be signed by the treasurer, and counter- 
 signed by the auditor of public accounts, but shall not be delivered now delivered 
 by the said auditor, except upon the receipt of the treasurer that the 
 
 par value thereof has been paid into the treasury. The said notes To whom pay- 
 shall be made payable to beaver, and be made payable at the trea- ab °' andhow 
 eury of the state one year after their respective dates. They shall Rate of interest 
 bear interest at a rate not exceeding six per centum per annum from 
 the date of their issue until redeemable. For the payment of the Pledge for pay- 
 interest and redemption of the principal, as set out in said notes, the demptton **" 
 faith of the commonwealth of Virginia is hereby pledged. 
 
 3. The auditor of public accounts is hereby directed to cause to How redeemed 
 be redeemed all treasury notes, principal and interest, at the time 
 
 when the same are redeemable and presented for payment, to be 
 
 paid out of any money in the treasury not otherwise appropriated. 
 
 And if the said notes be not presented within twelve months after To be presented 
 
 the same are redeemable, the said auditor, if there be funds in the months'^* 1 ™ 
 
 treasury sufficient to pay the said notes, shall advertise for the same Interest to ceaso 
 
 to be brought in on a given day, and after such day the interest *£" a certam 
 
 thereon shall cease. 
 
 4. Whenever any of said notes shall be redeemed by the auditor, To be canceled 
 as herein provided, the same shall be canceled by him and be de- J au ,or 
 livered to the treasurer, to be preserved in his office ; and from time Reissue 
 
 to time an amount equal to the sum so canceled may, by order of the 
 governor, be again issued, subject to all the provisions herein pre- 
 scribed. 
 
 5. The auditor of public accounts and the treasurer shall each 
 keep a full and accurate account of the number, date, denomination 
 and amount of all the mites signed by tliem respectively, and in like 
 manner of all the said notes redeemed and canceled. 
 
 6. For defraying the expenses of preparing, engraving and print- Appropriation 
 ing the laid treasury notes, a sum not exceeding two thousand dollars printing?** 
 is hereby appropriated, to be paid by order of the governor, out of 
 
 any money in the treasury not otherwise appropriated i and the plate nowpiatesto 
 or plates shall lie deposited fur safe keeping in one of the banks of ° 
 this city, until otherwise provided by law. 
 
 7. All the prOTisioni of the third, fourth and sixth sections of 
 
 chapter 1 one hundred ami ninety-three of the Code, applicable to 
 
 bank notes, shall be held to apply and relate, in their effect, i" the 
 treasurj nofc l dun ted to !..■ issued by this ordinance. 
 
30 
 
 ORDINANCES OF THE VIRGINIA CONVENTION. 
 
 Banks may pur- 
 chase, discount, 
 &c 
 
 To be received 
 in payment of 
 taxei 
 
 8. It ehall be lawful for the banks of this commonwealth to dis- 
 count or purchase any note or notes issued under this ordinance, to 
 receive the same on deposit, and pay them out at their counters. 
 
 9. The treasury, notes to be issued under the provisions of this 
 ordinance shall be received in payment of all taxes or other dues to 
 the commonwealth. Authority is hereby reserved to the general 
 assembly to arrest and suspend the issue of treasury notes herein 
 provided for. 
 
 Officer receiving 
 for taxes to en- 
 dorse as paid 
 
 Interest paid 
 only to time of 
 redemption 
 
 No. 36.— Au ORDINANCE respecting Treasury Notes. 
 
 Adopted May 1, 1861. 
 
 Be it ordained, that any officer receiving treasury notes in pay- 
 ment of taxes or other public dues, shall endorse thereon that the 
 same is paid, and the date of such payment, and thereafter the inte- 
 rest thereon shall cease; and that the ordinance authorizing the issue 
 of treasury notes, passed the thirtieth of April eighteen hundred and 
 sixty-one, shall be held and construed to authorize interest to be paid 
 thereon until the said notes are actually redeemed, or to such time 
 after the same be redeemable on their face, as may be fixed by the 
 advertisement authorized by said ordinance. 
 
 No. 37. — An ORDINANCE authorizing the Banks of the Commonwealth 
 to issue notes of the denomination of one and two dollars. 
 
 Passed April 26, 1861. 
 
 Denomination Be it ordained, that the several banks of this commonwealth be 
 authorized to issue notes of the denomination of one and two dollars, 
 to an amount not exceeding five per cent, of their respective capitals ; 
 which notes may be signed by such officer or officers of said banks 
 respectively, as may be designated for that purpose by the board of 
 
 Notes heretofore directors ; and any of said banks which may have preserved the 
 notes of the denomination of one and two dollars, heretofore issued 
 under authority of law, be at liberty to circulate the same, so that 
 their issue shall not exceed the amount authorized by this ordinance. 
 
 preserved 
 
 How issued by 
 state stock 
 banks 
 
 2. The banks whose issues are based upon a pledge of state stock, 
 may dispense with the signatures of the treasurer, and issue such 
 small notes in the same way as the other banks ; but no such banks 
 shall be hereby authorized to issue an amount of circulation larger 
 than is now allowed by law. 
 
 Laws prohibit- 3. That all laws now in force prohibiting the receiving or passing 
 

 ORDINANCES OF THE VIRGINIA CONVENTION. 31 
 
 of bank notes under the denomination of five dollars, are hereby ing small noteg 
 suspended as to notes issued by the banks of Virginia under this suspen 
 ordinance, during the time this ordinance shall remain in force. 
 
 This ordinance shall expire at the end of thirty days from the next 
 meeting of the general assembly. 
 
 No. 38.— An ORDINANCE to provide for paying for Machinery contracted 
 for the manufacturing of Anns in the Public Armory. 
 
 Passed April 27, 1861. 
 
 Be it ordained, that the commissioners appointed by an ordinance 
 of convention adopted on this day, for auditing military and naval 
 claims, shall he authorized, in the manner prescribed hy said ordi- 
 nance, to audit, settle and certify for payment any claims for arms 
 and machinery authorized by existing contracts lor the manufacture 
 of arms in the public armory. 
 
 No. 39-^An ORDINANCE to amend the Constitution of this Common- 
 wealth, so M to strike out the twenty-second and twenty-third sections of 
 the fourth article of the present Constitution, and insert the following in 
 lieu thereof. 
 
 Taxation shall be equal and uniform throughout the common- Taxation to be 
 wealth ; and all property shall be taxed in proportion to its value, 
 which shall be ascertained in such manner as may be prescribed by 
 law; hut any property may he exempted from taxation hy the vote What may be 
 of a majority of' the whole number of members elected to each house how 
 of the general assembly. 
 
 This ordinance shall take effect on the first day of July next, when wben to take 
 ratified by a majority of the votes of the people of this common- 
 wealth, cast at B poll to be taken thereon, on the fourth Thursday in 
 May next, in pursuance of a schedule hereafter to be enacted. 
 
 Done in convention, in the city of Richmond, on the twenty-sixth 
 day of April in the year id' our Lord one thousand eight hundred and 
 sixty-one. and in the eighty-fifth year of the commonwealth of Vir- 
 ginia. 
 
 Schedule. 
 
 1. Tt shall he the dutv of the officers conducting the elections Duty of office™ 
 
 ,. 111 iiii , c 1 rr.1 1 • i r lifting elft- 
 
 directed by law to be held on the fourth 1 hnrsday in May next, at 
 the places appointed for holding thi to open a poll to take the 
 
32 ORDINANCES OF THE VIRGINIA CONVENTION. 
 
 sense of the qualified voters of this commonwealth upon the ratifica- 
 tion or rejection of "An ordinance to amend the constitution of this 
 commonwealth, so as to strike out the twenty-second and twenty- 
 third sections of the fourth article of the present constitution," 
 adopted in convention, at the city of Richmond, on the twenty- 
 sixth day of April one thousand eight hundred and sixty-one. 
 
 Poll booka 2. The poll book shall he headed, " Amendment to the Constitu- 
 
 tion of Virginia," and shall contain two columns, one headed, "For 
 the Amendment," and the other, "Against the Amendment ;" and 
 the names of those who vote for the amendment shall be written un- 
 der the former heading, and the names of those who vote against the 
 amendment shall be written under the latter heading. 
 
 Officers to make 3. The said officers shall make return of the number of persons 
 young Peri nS voting for each proposition, at the time and in the manner provided 
 by law, as in the case of other elections ; and shall forthwith deliver 
 the returns, together with the poll books, to the clerks of their re- 
 spective counties and corporations ; and it shall be the duty of such 
 clerks respectively to transmit immediately to the governor of the 
 commonwealth, copies of the said returns so delivered to them. 
 
 Proclamation of 4. The governor shall, without delay, make proclamation of the 
 Termor '" V result, stating therein the aggregate vote for and against the amend- 
 ment, to be published in such newspapers in the state as may be 
 deemed requisite for general information ; and if a majority of said 
 votes be cast for the ratification of the said ordinance, he shall annex 
 to his proclamation a copy thereof, together with this schedule. 
 
 Secretary of 5. The secretary of the commonwealth shall cause to be sent to 
 
 to Bend oral- the clerks of each county and corporation as many copies of this sche- 
 duie C to a cierks be ^u\e an ^ ordinance aforesaid as there are places of voting therein, 
 and three copies to each of the military commanders herein after re- 
 ferred to, using special messengers for that purpose when necessary. 
 And it shall be the duty of the said clerks to deliver the same to the 
 sheriffs for distribution, whose duty it shall be forthwith to post the 
 said copies at some public place in each election district. 
 
 How expense of G. The expenses incurred in providing poll books, and in procur- 
 
 poll books de- . . ' , f , ,.,,,,,., 
 
 frayed ing writers to enter the names of the voters therein, shall be defrayed 
 
 as in the case of the election of members to the general assembly. 
 
 Persons in miii- 7. The qualified voters of the commonwealth who may be absent 
 the state allow- from the counties or corporations of their residence on the day of elec- 
 tion, in the military service of the state, may vote for the ratification 
 or rejection of the said ordinance, at such place or places within their 
 encampment, or, as the commander at such encampment shall desig- 
 nate, whether the said encampment shall be within the limits of this 
 
 ed to vote 
 

 ORDINANCES OP THE VIRGINIA CONVENTION. 33 
 
 state or not. For each place of voting he shall appoint a superinten- How election 
 
 , . ' , ,, . conducted 
 
 dent, three commissioners, and as many clerks as shall be necessary, 
 who, after having been first duly sworn by him, shall perform the du- 
 ties required of, and be liable to the penalties imposed upon such offi- 
 cers under the election laws of this state. 
 
 8. The officers conducting the said election shall, on the day after To whom p<mi 
 the election, or as soon thereafter as may be, deliver the poll books livered 
 to their said commander, who shall forthwith forward the same to the 
 governor of this commonwealth, who shall count the said votes in 
 ascertainimr the result of the said election in the state. 
 
 No. 40. — An ORDINANCE concerning Qualifications for Office. 
 
 Passed April 21), 1801. 
 
 Be it ordained by the people of Virginia, in convention assembled, 
 that the acceptance of any appointment or public trust created by 
 this convention, shall not vacate any office under the constitution and 
 laws of the state now held by any person on whom such appointment 
 or public trust may be conferred. 
 
 No. 41— An ORDINANCE to release the Officers, civil and military, and 
 the Citizens generally of the .State of Virginia, from all obligation to 
 support t)ie Constitution of the late Confederacy, known as the United 
 States ol America. 
 
 Passed May 1, 1861. 
 
 Be it ordained, that all officers, civil and military, and the people Oath to support 
 
 , , , , , , r the constitution 
 
 generally oi this state, be and they are hereby released from any ol 
 
 and all oaths which they may have taken to support the constitution f^ 8 mopera " 
 
 of the late confederacy, known as the United States of America; 
 
 and that the said oaths and the said constitution are inoperative and 
 
 void, and of no effect, and that the eleventh section of chapter 
 
 thirteen of the Code of Virginia of eighteen hundred' and sixty, be 
 
 and is hereby repealed. 
 
 \,, i j - .\ ORDINANCE t«. provide against the sacrifice of Property and 
 to suspend proa i dings in certain cases. 
 
 ■ I April 30, 1861. 
 
 1. Be it ordained, that no execution of fieri Gm£m or venditioni No fieri i 
 
 . venditioni f-xpo- 
 
 exponas, other than in favoi of the commonwealth and against non- nautobeUiued 
 
34 
 
 ORDINANCES OF THE VIRGINIA CONVENTION. 
 
 £>;i1pk under 
 deeds of trust 
 prohibited 
 
 Of executions 
 now issued 
 
 residents, shall be issued from the date hereof by any court of record 
 or magistrate for the sale of property, until otherwise provided by 
 law : nor shall there be any sales under deeds of trust or decrees, 
 unless by the consent of parties interested, until otherwise provided 
 by law. 
 
 2. Where such executions have issued and are now in the hands 
 of officers, whether levied or not, if the debtor offer bond and security 
 for the payment of the debt, interest and costs when the operation of 
 this ordinance ceases, the property shall be restored, and the bond 
 so taken shall be returned as in case of a forthcoming bond, and 
 shall constitute a lien on the realty of the obligors, to the same extent 
 and in the same manner as forfeited forthcoming bonds returned to 
 the clerk's office now do ; and judgment may be had on said bond in 
 the same manner and by the same proceedings as judgments may be 
 obtained on forthcoming bonds under existing laws. 
 
 How property 
 to be valued 
 
 3. If the debtor offers no such bond, it shall be the duty of the 
 officer to convene three freeholders from the vicinage, who, after 
 being sworn, shall proceed to value the property according to what 
 would have been its value on the sixth day of November eighteen 
 hundred and sixty ; and unless the said property shall sell for the 
 full amount of such valuation, it shall be restored to the debtor with- 
 out lien. 
 
 jury trials, &c 4. Except in criminal cases or commonwealth's prosecutions, there 
 shall be no trial of any cause requiring the intervention of a jury, 
 nor upon warrants for small claims before a justice. 
 
 How trials for 
 misdemeanor to 
 be had 
 
 5. In cases of misdemeanor, juries shall be summoned from the 
 bystanders or vicinage, and not- under the law as it now stands ; and 
 with the consent of the party prosecuted, the cause may be tried by 
 the court. 
 
 Liabilities of 
 public officers 
 
 Proviso 
 
 6. This ordinance shall not apply to liabilities upon the part of 
 public officers, either to the state, counties, corporations, or indi- 
 viduals, nor to debts hereafter contracted, nor to debts due the com- 
 monwealth : provided, that no note, bill, acceptance or other obliga- 
 tion, the consideration of which is any debt or obligation at present 
 existing, shall be held or considered as a debt hereafter contracted. 
 
 Statutes of limi- 
 tations 
 
 When ordinance 
 may expire 
 
 7. The time during which this ordinance is in force shall not be 
 computed in any case where the statute of limitation comes in 
 question. 
 
 8. This ordinance shall remain in force until repealed or changed 
 by this convention, or the general assembly of the state ; and if not 
 so repealed or changed, shall expire at the end of thirty days after 
 the first day of the next general assembly. 
 
m 
 
 ORDINANCES OF THE VIRGINIA CONVENTION. 35 
 
 No. 43. — An ORDINANCE for the prevention and punishment of Offences 
 against the Commonwealth. 
 
 Passed May 1, 1861. 
 
 1. Be it ordaincd^by the convention of Virginia, that in addition Additional pow- 
 to the powers now vested in the county courts, they shall have power the county 
 
 to establish a regular police force, who, being first qualified by taking cour '' 
 the oaths of fidelity to this commonwealth, and to discharge the du- 
 ties devolved upon them under this ordinance, shall be authorized to 
 apprehend, and carry forthwith before a justice of the peace for the 
 county, any person whom they shall have just cause to suspect has Tampering with 
 violated any law of the state in regard to tampering with slaves, in- 8 
 citing them to rebel or make insurrection, or to escape from their 
 owners, or has attempted to commit any such offence, or any person Aiding invasion 
 whom they shall have just to suspect is concerned in any manner in ° 
 counseling, aiding or abetting the government of the United States, 
 or any officer or agent thereof, in any invasion or hostile action 
 against this commonwealth, or any of its citizens, acting under the 
 proper authorities thereof, or against the Confederate States of Ame- 
 rica, or any of them, or of any slaveholding state in amity with 
 them; or any person who shall,, by letter or otherwise, commnni- Conveying in- 
 catc to the said government of the United States, or any officer or United States 
 agent thereof, directly or indirectly, any information touching the &overnment 
 action of this commonwealth or its authorities, other than as the 
 same may be authorized by them, or any of them; and to bring all 
 such persons before a justice of the peace of the county, to be dealt 
 with according to law, and the provisions of this ordinance. 
 
 2. Any person who shall commit any offence for which a person Any offence un- 
 may be apprehended under the first section of this ordinance, shall felony 
 
 be deemed guilty of felony, and shall be punished in such manner as 
 the laws now in force prescribe : provided, that any imprisonment 
 prescribed by existing laws in such cases shall be in the penitentiary 
 house. 
 
 In those cases mentioned in the first section, for which no punish- Fine and tmprf- 
 menl is fixed by existing laws, the person convicted thereof shall be tainTa"^ Cer 
 punished by fine nol less than one hundred, nor more than ten thou- 
 sand dollars, and by imprisonment in the penitentiary house for not 
 less than five nor more than twenty years. 
 
 3. .The powers vested by this ordinance in the county courts, and Bawan herein 
 all the provisions Of th<' first and second sections thereof, shall be tend tocorpora- 
 
 rested in like manner, and be applicable to the corporation courts, Uon ° ' 
 and to the police force legally appointed by such corporations, under 
 their respective chai ■; 
 
 I. No ]„ rson so apprehended shall be admitted to bail, except by who can grant 
 a judge of a circuit court in this commonwealth, or of the supreme 
 
36 ORDINANCES OF THE VIRGINIA CONVENTION. 
 
 court of appeals ; but the party, if BO released on bail, shall not be 
 permitted to leave the commonwealth before trial: and the order of 
 release shall require the officer to take care that the party does not 
 leave the commonwealth. 
 
 5. This ordinance shall be in force from its passage, and be sub- 
 ject to amendment ami repeal by the general assembly of Virginia. 
 
 No. 44. — An ORDINANCE concerning the Arming of the Militia. 
 Passed May 1, 1861. 
 
 All the acting Be it ordained, That the presiding justice of any county in this 
 iummone d b0 state be and he is hereby authorized and required, on the application 
 of three or more justices of such county, to cause all the acting 
 justices thereof to be summoned to meet at the courthouse of such 
 county on the next succeeding court day, or on some intermediate 
 day, not less than five days from the date of the summons, to take 
 into consideration and carry into effect the provisions of the act of 
 the general assembly, entitled " an act to authorize the county courts 
 and any incorporated city or town to arm the militia of their respec- 
 tive counties, cities and towns, and to provide means therefor," passed 
 January nineteenth, eighteen hundred and sixty-one. 
 
 Definition of the And whereas there may be a doubt whether the term "militia," 
 term mflltia' ^ ga j^ acfc ^ assembly, includes the volunteer force as a part of the 
 militia : 
 
 Be it further ordained, That the said statute be so construed as to 
 embrace the volunteer force as a part of the militia of the several 
 counties, cities and towns of the commonwealth. 
 
 No. 45.— An ORDINANCE to authorize a Line of Telegraph from Alexan- 
 dria to Winchester, and an Express Line from Richmond to Baltimore. 
 
 Passed April 20, 1861. 
 
 Telegraph and Be it ordained, That the governor is hereby authorized to contract 
 for a line of telegraph from the city of Alexandria, by way of Stras- 
 burg, to the town of Winchester, and for an express line from the 
 city of Richmond to Baltimore, and to defray the expense thereof 
 from the appropriation heretofore made, or from such loan as may 
 be authorized by this convention. 
 
 / 
 
ORDINANCES OF THE VIRGINIA CONVENTION. 37 
 
 No. 46.— An ORDINANCE to authorize the construction of a Line of 
 Telegraph. 
 
 Passed April 24, 1861. 
 
 Be it ordained, that the governor be authorized to have constructed Telegraph lino 
 a line of telegraph from the city of Richmond to such point on York 
 river as he may select, and to defray the cost of the same from such 
 moneys as may be raised for military purposes. 
 
 No. 47.— An ORDINANCE concerning Telegraphic Lines. 
 Passed May 1, 1861. 
 
 Be it ordained, that the governor be and he is hereby authorized Telegraph lines 
 and empowered to take possession and control of all or any tele- 
 graphic lines operating in this commonwealth, whenever in his opi- 
 nion the public interest may require it. 
 
 No. 48.— An ORDINANCE in regard to the Exportation of Breajlstufls, &c. 
 Passed May 1, 1861. 
 
 Be it ordained by the convention, that the governor, by and with Exportation of 
 the advice of the council, may, whenever in his opinion the exigen- hlbiud "'^ '"' 
 cies of the public service may require, prohibit the exportation of 
 breadstuffs and provisions of every character from all or any of the 
 ports and places in this state. 
 
 27 
 
INDEX. 
 
 
 ADJUTANT GENERAL'S DEPART- 
 MENT. 
 How composed, 13 
 
 Duties denned, 13 
 
 Orders for calling out volunteers, to be 
 
 issued through, 
 
 ADVISORY COUNCIL. 
 
 Ordinance authorizing its appointment 
 by the governor, with proviso, 
 
 Ordinance defining its duties, 
 
 Ordinance increasing the number of 
 members, 
 
 No power to control the governor in the 
 exercise of his executive, functions, 
 
 Compensation of its members. 
 
 AIDS. 
 Ordinance to authorize the appointment 
 
 of, by governor, 
 To major general, 
 
 26 
 
 ARMORY. 
 Machinery in, how paid for, 
 
 20,24 
 
 ARMS. 
 Major general may issue, 27 
 
 Machinery for manufacture of, how paid 
 for, 31 
 
 ARMY. 
 Rul«s and articles for government of, in 
 Virginia, 26 
 
 ARTILLERY. 
 ■What a regiment to consist of, 9 
 
 AUDITOR OF PUBLIC ACCOUNTS. 
 
 Tn receive and tile bonds of quartermas- 
 ter and assistants, 
 
 To approve bonds of navy officers, com- 
 missaries, &c. 
 
 'I " i namine reports of paymaster general, 
 
 To place certain sums in the credit of the 
 Civil and military contingent funds, 
 
 'I'h issue treasury not* -. 
 
 To cause the same to be redeemed and 
 canceled, 
 
 T<> keep an account <if tin' number of 
 notes signed by liim. A 
 
 P>y whom gl 
 
 BAIL. 
 
 
 BOARD "1 ( OMMI88IONER8 
 To audit and settle accounts for the 
 Miming, equip] d : troops, 18, 20 
 
 Of whom composed, 18,20 
 
 Authorized to administer oaths, 18, 21 
 
 Compensation of members, 19, 22 
 
 Appointment of clerk ; his compensa- 
 tion, 19, 22 
 Vacancy in board, how filled, 21 
 Appeal from, to governor, 21 
 To certify accounts quarterly to go- 
 vernment of Confederate States, 21 
 To report delinquent disbursing of- 
 ficer to governor, 24 
 
 BONDS. 
 To be given by quartermaster general, 14 
 By commissary general, 17 
 
 Of officers of commissary's and quar- 
 termaster's departments, 14, 17 
 Where filed, 14, 15, 17 
 Of storekeeper, paymaster and purser, 24 
 
 BRIGADIER GENERALS. 
 
 Of provisional army, how appointed, 10 
 
 CAVALRY. 
 
 What a regiment to consist of, 10 
 
 CHAPLAINS. 
 
 For provisional army and volunteers, 2 r > 
 
 CIVIL CONTINGENT FIND. 
 Ordinance providing for deficiencies in, 
 
 28 
 
 CLAIMS. 
 For the arming, equipping, maintain- 
 ing, &c. of troops, bow paid, 20, 21 
 
 For arms, and machine) y fur their ma- 
 nufacture, 20, 21 
 
 For munitions, provisions, supplies, 
 &c. 20, 21 
 
 CLERKS. 
 
 Of courts to deliver ordinance and • 
 schedule to sheriffs, 4, 32 
 
 To transmit election returns to go- 
 vernor, 4, 32 
 
 Of elections at military encampments, 
 
 of board of claims, bow appointed, 
 
 and their com]), lisatimi, 18, 20 
 
 COMMANDER OF Tin: MILITARY 
 
 Wh \ W \l. FORCE& 
 
 ( mYh e .-ii ated ; rank, dntii s, A >•■ 9 
 
 Compensation, 20 
 
 KMISSARY DEPARTMENT 
 
 Ordinal 17 
 
40 
 
 INDEX. 
 
 Duties of commissary general and as- 
 sistants, 17 
 Bonds of commissaries, where filed, 17 
 Special commissaries, how appointed, 23 
 When commissar; general not respon- 
 sible for loss, 24 
 
 COMMISSIONERS. 
 
 Of elections ;it military encampments, 
 by whom appointed, 5, 32 
 
 Of the Btate of Virginia in the conven- 
 tion with the Confederate States, 5 
 
 Of the Confederate States, 5 
 
 Board of, to audit accounts for the 
 
 arming, equipping, *fcc of troops, 18, 20 
 
 CONSTITUTION OF THE PRO VI- 
 SIONAL GOVERNMENT. 
 
 Adopted and ratified by Virginia, with 
 proviso, 6 
 
 CONSTITUTION OF UNITED STATES. 
 
 Ordinance ratifying the same repealed, 3 
 
 Oath taken by citizens of Virginia to 
 
 support it, null and void, 33 
 
 Union between Virginia and other 
 
 states under it dissolved, 3 
 
 Not binding on any citizen of this state, 3 
 
 CONVENTION. 
 Between Confederate States and Vir- 
 ginia^ — ordinance in relation thereto, 5 
 Of this state, to confirm appointments 
 
 of officers of volunteers before they 
 
 can be valid, 14 
 
 COUNTY COURTS. 
 Have power to establish police force, 
 To arm militia, 
 
 DEEDS OF TRUST. 
 Sales under, prohibited ; proviso, 
 
 DUTIES OF OFFICERS. 
 In departments of army and navy, 
 how determined, 
 
 33,34 
 
 24 
 
 ELECTIONS. 
 Of members of congress prohibited, 5 
 
 At military encampments, 5, 32 
 
 ENGINEER CORPS. 
 Ordinance creating, 
 
 13 
 
 ENLISTMENT. 
 
 Term of, in army, 10 
 
 Term of, in in vv, 12 
 
 Ordinance regulating, in army, 19 
 
 Of minors, 19 
 Of persons convicted of infamous offences, 19 
 
 Of volunteers, 19 
 
 EXECUTIONS. 
 
 What not to be issue,], 33, 34 
 
 Of those now issued, 33, 34 
 
 EXEMPTION. 
 Of rail road employees from military duty, 27 
 
 Of persons employed in factories, &c. 27 
 
 Of property from taxation, 31 
 
 EXPORTATION. 
 
 Of breadstuffs, &c. prohibited, 37 
 
 EXPRESS. 
 
 From Richmond to Baltimore, 36 
 
 FELONY. 
 
 Who deemed guilty of, 3."> 
 
 Punishment for, 35 
 
 Provision as to imprisonment, 35 
 
 FIELD OFFICERS. 
 
 Provisional army, how apppointed, 10 
 
 FINES. 
 
 On persons for offences against the 
 
 commonwealth, 35 
 
 FLAG. 
 
 Of the commonwealth, how made, 27, 23 
 Of flags for forts, arsenals, ships, 
 troops, «fec. 28 
 
 GENERAL ASSEMBLY. 
 All acts of, ratifying amendments to 
 
 United States constitution, repealed, 3 
 
 GOVERNOR. 
 
 To appoint officers of staff departments, 13 
 To count and make proclamation of 
 
 vote on ordinance of secession, 4 
 
 To nominate members of the council, 6 
 
 To call volunteers into the service of 
 
 the state, 8 
 
 To appoint and commission general, 
 
 field and staff officers of volunteers, 8 
 
 To repel invasion, 8 
 
 Authorized to invite certain persons to 
 
 enter the service of Virginia, 8, 11 
 
 To appoint commander of the military 
 
 and naval forces of the state, 9 
 
 To appoint aids, 9 
 
 To ratify regulations for the provisional 
 
 army, 11 
 
 To prescribe organization of navy, 11 
 
 To prescribe regulations for enlistment, 12 
 To organize medical department, 12 
 
 To organize subsistence department, 13 
 
 To organize quartermaster's department, 13 
 To organize pay department, • 13 
 
 To organize medical department of the 
 
 staff, 13 
 
 To organize adjutant general's depart- 
 ment, 1 3 
 To organize an engineer corps, with 
 
 sappers and miners, 13 
 
 To appoint officers of staff depart- 
 ments and engineer corps, 13 
 To direct the purchase of military 
 
 stores, &c. 14 
 
 To prescribe bonds of quartermaster 
 
 general and assistants, 14 
 
 Empowered to appoint special commis- 
 saries, 15, 23 
 Their compensation, 11, 16 
 
INDEX. 
 
 41 
 
 To authorize quartermaster general to 
 
 appoint forage masters, &c. 15 
 
 To appoint temporary officer in any 
 
 bureau or department, 15, 23 
 
 To prescribe penalty of commissary 
 general's bond, and bonds of bis 
 assistants, 17 
 
 To regulate contracts for supplies, 17 
 
 To prescribe pay for certain grades, 21 
 
 To decide appeals from board of com- 
 missioners, 21 
 To supply vacancy in board of com- 
 missioners, 21 
 To appoint additional officers in any 
 
 department of army or navy, 24 
 
 To strike the names of delinquents 
 
 from roll of army or navy, 24 
 
 To appoint chaplains in provisional army, 25 
 To appoint chaplains for the volunteers, 25 
 To exempt employees of rail road com- 
 panies from military duty, 27 
 To regulate flags for forts, &c. 28 
 To provide for deficiencies in civil and 
 
 military contingent funds, 28 
 
 To direct issue of treasury notes, 28 
 
 To make proclamation of vole on ordi- 
 nance to amend constitution, 32 
 To contract for and control lines of 
 
 telegraph, 37 
 
 To prohibit exportation of breadstuff's, 37 
 To take possession of telegraph lines 
 
 in this state, 37 
 
 INFANTRY. 
 What a regiment to consist of, 
 
 INVASION. 
 
 Governor to repel. 
 Appropriation therefor, 
 
 JURIES. 
 
 In wli.it rases to lie impanneleil, H4 
 
 How summoned in cases of misdemeanors, 34 
 
 LIEUTENANT GOVERNOR. 
 
 To be cx-officio a member of the advisory 
 council, 7 
 
 His compensation, 7 
 
 MAJOR GENERAL. 
 Office created. 9 
 
 Compensation of, 20 
 
 1 llllic- Of, '.I 
 
 Number aids entitled to, L0 
 
 ttion, m 
 
 U \MT\( I ORE OF ALMS 
 Machinery for, how paid for, 20, 31 
 
 KEDICAL l'l PARTM1 
 
 Of naw. IS 
 
 Who shall be appointed then to, IS 
 
 Of military I -' 
 B md etnploj i 
 
 Assistant but] 
 
 MEMBERS OF CONGRESS. 
 Election of, for United States, prohibited, 5 
 
 MILITARY CONTINGENT FUND. 
 Ordinance providing for deficiency in, 28 
 
 MILITIA. 
 
 County courts to arm, 
 Definition of term, 
 
 MISDEMEANOR. 
 
 How trials for, to be had, 
 
 36 
 36 
 
 34 
 
 NAVY OF VIRGINIA. 
 
 Ordinance establishing, 11 
 
 ( >!' w li.it to consist, 11 
 Virginians in United States navy to 
 
 be invited to enter, 11 
 
 Organization of, how prescribed, 11 
 
 Term of enlistment in, 12 
 
 Medical department of, 12 
 
 OATH. 
 To be taken by officers in army and 
 
 navy departments, 24 
 
 To be taken by quartermaster and his 
 
 assistants, 14 
 
 To support constitution of United 
 
 States, null and void, 33 
 
 OFFENCES AGAINST THE COMMON- 
 WEALTH. 
 How prevented and punished, 35 
 
 ORDINANCES. 
 Ordinance to repeal the ratification of 
 
 the constitution of the United States 
 of America liy the state of Virginia, 
 and to resume all the rights and 
 powers granted under said constitu- 
 tion, 3 
 Ratifying and confirming the conven- 
 tion entered into between the com- 
 missioner of the Confederate States 
 
 and the commissioners of the Btate 
 
 of Virginia, 5 
 
 For the adoption of the constitution of 
 the provisional government of the 
 Confederate States of America, 6 
 
 To authorise the appointment of an 
 advisory council, 6 
 
 Defining the' duties of the advisory 
 
 council. 6 
 
 To increase the advisory council, 7 
 
 Amending and re-enacting the ordi- 
 nance prescribing the duties of the 
 advisory council, 7 
 
 bins the compensation of mem- 
 bers of the executive council, 7 
 I I the volunti ei> into the si 
 
 of the state, and fog othi r purp 8 
 
 1 ruing officers in the rev» nue and 
 
 tiled 
 
 8 
 To provide for the appointment i 
 
 manderof the military and naval 
 - ot tin' state, in subordination 
 to tin 9 
 
42 
 
 INDEX. 
 
 To authorize the appointment of aids 
 by the governor, 9 
 
 To provide for the organization of a 
 provisional army for the state of 
 Virginia, 9 
 
 Establishing the navy of Virginia, ]1 
 
 To provide tor the organization of staff 
 departments for the military forces of 
 the state (but subsequently annn.iicl 
 and re-enacted), 12 
 
 Amending and re-enacting the ordi- 
 nance adopted mi the twenty-first 
 instant, for the organisation of staff 
 departments for the military forces 
 of the state, 13 
 
 In respect to confirmations by the con- 
 vention, 14 
 
 ( .'oncoming the quartermaster's depart- 
 ment, 14 
 
 Concerning the commissary depart- 
 ment, 17 
 
 Prescribing the duties of the paymaster 
 
 general, 17 
 
 To provide a board, to whom shall be 
 referred all claims for expenditures 
 arising from the organization, equip- 
 ment and support of the land and 
 naval forces called or to be called 
 out for the defence of the common- 
 wealth under the present emergency, 18 
 
 Providing for enlistment in the pro- 
 visional army, 19 
 
 Regulating the term of service, pay 
 and manner of enlistment of volun- 
 teers, 19 
 
 Prescribing the pay of the provisional 
 army and of the volunteer forces of 
 the state of Virginia, 20 
 
 For the better regulation of the depart- 
 ments of the arm}- and navy of Vir- 
 ginia, and for the audit and settle- 
 ment of accounts and claims arising 
 in the present emergency for the de- 
 fence of the commonwealth, 20 
 
 Relating to the medical department, 
 the adjutant general's department 
 and the ordnance department, 25 
 
 Providing chaplains for the provisional 
 
 army, 25 
 
 I ' i ■ < . iding chaplains for the volunteers, 25 
 
 Establishing rules and articles for the 
 government of the armies of the statu 
 of Virginia, 26 
 
 To authorize the governor to exempt 
 
 certain persons from military duty, 27 
 
 Concerning persons exempt from mili- 
 tary duty, 27 
 
 Concerning the distribution of arms, 27 
 
 To establish a Hag for this common- 
 wealth, 27 
 
 Providing for deficiencies in the civil 
 and military contingent funds, 28 
 
 To authorize the issue of treasury notes, 28 
 Respecting treasury Holes, 30 
 
 Authorizing the hanks of the common- 
 wealth to issue notes of the denomi- 
 nation of one and two dollars, 30 
 To provide for paying for machinery 
 contracted for the manufacturing of 
 arms in the public armory, 31 
 
 To amend the constitution of this com- 
 monwealth, so as to strike out the 
 twenty-second and twenty-third sec- 
 tions of the fourth article of the 
 present constitution, and insert the 
 following in lieu thereof. 
 Concerning qualifications for office, 
 To release the officers, civil and mili- 
 tary, and the citizens generally of 
 the state of Virginia, from all obli- 
 gation to support the constitution of 
 the late confederacy, known as the 
 
 United States of America, 
 
 To provide against the sacrifice of pro- 
 perty and to suspend proceedings in 
 certain cases. 
 
 For the prevention and punishment of 
 offences against the commonwealth, 
 
 Concerning the arming of the militia, 
 
 To authorize a line of telegraph from 
 Alexandria to Winchester, and an 
 express line from Richmond to Bal- 
 timore, 
 
 To authorize the construction of a line 
 of telegraph, 
 
 Concerning telegraphic lines, 
 
 In regard to the exportation of bread- 
 stuffs, &C 
 
 31 
 33 
 
 33 
 
 33 
 
 35 
 
 3G 
 
 36 
 
 37 
 37 
 
 37 
 
 ORDNANCE DEPARTMENT. 
 
 Placed under control of major general, 25 
 
 ORGANIZATION. 
 
 Of provisional army, 9 
 
 Of navy, . 11 
 of medical departments, 12, 13 
 
 Of subsistence departments, 13 
 
 Of quartermaster's department, 13 
 
 Of pay department, 13 
 
 < >f adjutant general's department, 13 
 
 Of engineer corps, 13 
 
 PAY. 
 
 Of major general, 20 
 
 Of tin- provisional army, volunteers and 
 
 militia, 20 
 
 Of grades in certain cases, 20 
 
 Of board of commissioners and their 
 
 clerks, 19,22 
 
 Of members of the council, 7 
 
 Of chaplains, 25 
 
 For machinery for the manufacture of 
 
 arms in the public armory, 31 
 
 PAY DEPARTMENT. 
 How composed, 12 
 
 PAYMASTER GENERAL. 
 
 1 hlties of, 17 
 
 Rank of, 13 
 
 PENALTY. 
 
 Of quartermaster's bonds to be pre- 
 scribed by governor, 14 
 
 Of military storekeepers' bonds, 16 
 
 Of bonds of commissary general, com- 
 missary, and assistants, 17 
 Of bonds of storekeeper, paymaster 
 
 and purser, 24 
 

 INDEX. 
 
 43 
 
 POLL BOOKS. 
 
 For ordinance of secession, how headed, 
 
 To whom to be delivered by officers 
 conducting elections, 
 
 Expense of providing the same, how 
 defrayed, 
 
 Poll books for voters at military en- 
 campments — to whom delivered and 
 by whom forwarded to governor, 
 
 5 
 
 PROCLAMATION. 
 To be made by governor, of the result 
 
 of election, 4, 3$ 
 
 To by published in newspapers in the 
 
 stat.-, 4, 21 
 
 PROPERTY. 
 
 To be taxed in proportion to value, 31 
 
 What may be exempt, 31 
 
 PROVISIONAL ARMY. 
 Ordinance providing for organization of, 9 
 Of what tii consist, 9 
 
 Officers in, to take rank and precedence 
 
 over others, 11 
 
 General regulations, how prescribed, 11 
 
 Ordinance establishing rules and arti- 
 cles for government of, 26 
 
 QUALIFICATION FOR OFFICE. 
 Acceptance of public trust under ac- 
 tios of convention not to vacate any 
 office now held, 33 
 
 QUARTERMASTER'S DEPARTMENT. 
 How composed, 13 
 
 Military stores, &c. to be purchased 
 
 by, 
 
 To provide means of transportation 
 
 for the same, 
 Quartermaster to account to first 
 
 auditor, 
 To take oath. 
 To receive and distribute clothing, 
 
 a 16, 22 
 
 Officers of, to be charged with waste, 
 
 damage, &c. oj supplies, 16,22 
 
 Military storekeepers added to: how 
 
 many, how appointed, pay, Ac. 16, 22 
 
 <,'l \I,'I EI? MA STEW (.KNERAL. 
 
 To appoint barrack mast* r, 15 
 
 To appoint forage master, dec. 22 
 
 To transmit returns t < ■ first auditor, 16 
 In caw ol absence, who t.. a. t. 16, 23 
 To purchase military stores, provide 
 
 transportation, A • 23 
 To report to board of comn 
 
 iponsibk in cert 84 
 
 BARK. 
 
 Of chaplains, 
 
 of United States officers, entering the 
 
 service of Virginia, 
 
 mmandrt of the military and 
 
 naval Ibl 
 
 Of aids to the governor, 
 
 Of of l isional am 
 
 Of officers of the navy, 11 
 Of adjutant general of staff department, 13 
 of paymasters in pay* department, 13 
 Of surgeon general in medical depart- 
 ment, 9 
 Of officers in staff departments, 9 
 
 K EI. FAKEMENT. 
 From oath to support constitution of 
 
 United States, 
 From obligation Under the same, 
 
 33 
 3 
 
 RETURNS. 
 
 Of persons voting, 4, 32 
 
 ( lopies of, to be transmitted to governor 
 
 by clerks, 4, 32 
 
 Transmission of, by officers at military 
 
 encampments to governor, 4, 33 
 
 REVENUE AND COAST SURVEY. 
 Officers in this service in the United 
 
 States, who are Virginians, to be 
 invited to enter the service of Vir- 
 ginia, 8 
 
 RIFLEMEN. 
 
 What a regiment to consist of, 10 
 
 SAPPERS A\D MINERS. 
 To be attached to engineer corps, 13 
 
 SCHEDULE. 
 
 Of ordinance repealing ratification of 
 United States constitution, 3 
 
 Of ordinance amending the constitution 
 in relation to taxation, 31 
 
 SECRETARY OF THE COMM< >X- 
 WEALTH. 
 To send ordinance and schedule to clerks 
 and military commanders, 4, 32 
 
 Tampering with, 
 
 SLAVES 
 
 35 
 
 SMALL \nrES. 
 Banks authorized to issue. 30 
 
 Uow state stock banks may i :?(l 
 
 Law prohibiting passage of, suspended, 30 
 
 SP1 I l M. m —I NGERS. 
 To be employed by secretary of the com- 
 monwealth, 
 
 STAFF DEPARTMENTS 
 Ordinances organising, 
 
 STAY LAW. 
 Ordinance enacting, 
 To what liabilitn •■( apply, 
 
 Not to effect the statute of limitat 
 linne in for 
 
 SUB8ISTENI l. DEPARTMENT 
 Bon compt 
 
 SUPPLE - 
 
 1 Foi the army, how purchased, 
 " 'Inn: bow, 
 
 18 
 
 M 
 
 13 
 
 17 
 17 
 
44 
 
 IXDEX. 
 
 TAXATION. 
 To be equal and uniform, 31 
 
 Property may be exempt from, 31 
 
 TELEGRAPH. 
 
 From Alexandria to Winchester, 30 
 
 From Richmond to York river, 37 
 
 nor to assume control of, in this 
 
 state, 37 
 
 TIME. 
 When ordinance of secession to take effect, 3 
 When ordinance to amend constitution 
 
 to take effect, 31 
 
 How computed under stay law when 
 statute of limitations comes in ques- 
 tion, 34 
 
 TREASURY NOTES. 
 
 Ordinance authorizing issue of, 28 
 
 Denomination of, 29 
 
 How prepared, 29 
 
 To whom payable, 29 
 
 Rate of interest, 29 
 Faith of the commonwealth pledged for 
 
 their redemption, 29 
 Appropriation to pay for engraving, 
 
 printing, &c. 29 
 
 To be received in payment of taxes, 30 
 Officer receiving for taxes, to endorse as 
 
 paid, when interest to cease, &c. 30 
 
 UNION. 
 
 Between Virginia and United States, dis- 
 solved, 
 
 U. S. ARMY. 
 Virginians in. to be invited to enter the 
 
 Bervice of Virginia, 8 
 
 Virginians in, to have preference of ap- 
 
 pointmenta in provisional army, 10 
 
 U. S. NAVY. 
 
 Virginians in, to be invited to enter the 
 service of Virginia, 8 
 
 VOLUNTEERS. 
 TjP be called into service of the state by 
 
 governor, 8 
 
 How received and organized, 8 
 
 Officers to be commissioned by governor, 8 
 Term of enlistment, service and pay, 20 
 
 \\ hr ii pay to commence, 20 
 
 Ordinance establishing rules and articles 
 
 for government of, 26 
 
 Officers of; appointments above lieutenant 
 
 colonel to be confirmed by convention, 14 
 
 VOTERS. 
 Who to vote for ordinance of secession, 4 
 Who for ordinance to amend constitu- 
 tion, 31, 32 
 
 WARRANTS. 
 No trial upon, for certain cases, 34 
 
 WRITS. 
 
 Of fieri facias and venditioni exponas 
 not to be issued for the sale of pro- 
 perty, 33 
 
 
CONVENTION 
 
 BETWEEN' THE 
 
 COMMONWEALTH OF VIE(iI.\!A 
 
 AND THE 
 
 CONFEDERATE STATES OF AMERICA. 
 
 The commonwealth of Virginia, looking to n speedy union of said common- 
 wealth and the other slave states with the Confederate Slates of America, accord- 
 ing to the provisions of the constitution for the provisional government of said 
 states, enters into the following temporary convention and agreement with said 
 states for* the purpose of meeting pressing exigencies all', .ting the common rights. 
 interests and safety of said commonwealth and said confederacy : 
 
 1st. Until the union of said commonwealth with said confederacy shall be per- 
 fected, and said commonwealth shall become a member of said confederacy ac- 
 cording to the constitutions of both powers, the whole military force and military 
 operations, offensive and defensive, of said commonwealth, in the impending con- 
 flict with the United Mates, shall be under the chief control and direction of the 
 president of said Confederate States, upon the same principles, basis and footing 
 as if said commonwealth were now, and during the interval, a member of said 
 confederacy. 
 
 2d. The commonwealth nf Virginia will, after the consummation of the union 
 contemplated in this convention, and her adoption of the constitution fur a perma- 
 nent government of said Confederate States, and she shall become a member of 
 said confederacy, under said p< rmaneiit constitution, if the same OOCnr, turn over 
 id Confederate Stales all the public property, naval stores and munition i 
 
 war. < te. she may then be in possession of. acquired from the United states, on 
 the same terms and in like manner as the other states of said confederacy hs 
 
 done in liki 
 
 3d. Whatever expenditures of money, if any. said commonwealth of Virginia 
 shnll make before the union under the provisional government, as above contem- 
 plated, -hall I., consummated, shall be met and provided lor by said Confedei 
 
 ..mention, entered into and agrc< d to, in the city of Richmond, Virginia, 
 on the twenty-fourth day of April. hundred ami sixty-one, by Alexander 
 
46 CONVENTION BETWEEN VIRGINIA AND CONFEDERATE STATES. 
 
 II. Stephens! the duly authorized commissioner to net in the matter for the said 
 Confederate Slates, and John Tyler, "William Ballard PreBton, Samuel McD. 
 Moore, James P. Hpleomhe, James ('. Bruce and Lewis E. t^arvie, parties duly 
 authorized to act in like manner for said commonwealth of Virginia — the whole 
 subject to the approval and ratification of the proper authorities of both govern- 
 ments respectively. 
 
 hi testimonyVriiereof, the parties aforesaid have hereto Bet their hands and seals, 
 the day and year aforesaid, and at the place -aforesaid, in duplicate originals. 
 
 JOHN TYLER, [Seal.] 
 
 WM. BALLARD PRESTON, [Seal.] 
 
 S. McD. MOORE, [Seal.] 
 
 JAMES P. HOLCOMBE, [Seal.] 
 
 JAMES C BRUCE, [Seal.] 
 
 LEWIS E. IIARVIE, [Seal.] 
 Committee of the Convention. 
 
 ALEXANDER H. STEPHENS, [Seal.] 
 Commissioner for Confederate States. 
 
ORDINANCES 
 
 ADOPTED BY 
 
 THE CONVENTION OF VIRGINIA, 
 
 AT THE 
 
 ADJOURNED SESSION 
 
 IN 
 
 JULY 13GI, 
 
v\ 
 
 ORDINANCES. 
 
 No. 50. — An ORDINANCE authorizing and directing Improvements and 
 Repairs to be made on the Staunton and Paxkersburg Turnpike Road. 
 
 Passed June 14, 1861. 
 
 1. Be it ordained, that the governor is hereby authorized and Bridges to be 
 directed to cause such bridges to be rebuilt aud such other repairs to repairs made '° 
 be made on the Staunton and Parkersburg turnpike road east of 
 Beverley in the county of Randolph, as are or may become necessary 
 
 in the use of said road for military purposes and operations ; and a 
 sufficient amount for the purpose is hereby appropriated out of the 
 treasury, upon the order or orders of the governor ; to be paid out of 
 any funds that have been or may be set apart or appropriated for the 
 defence of the state. 
 
 2. This ordinance shall be in force from its passage, subject to 
 amendment by the convention or general assembly. 
 
 No. 51. — An ORDINANCE concerning Suspicious Persons. 
 
 Passed June 17, 1861. 
 
 Be it ordained, that the governor may cause to be apprehended Suspicions per- 
 and secured, or may compel to depart from this state, all suspicious prehended and" 
 subjects or citizens of any foreign state or power at war with the 8ecured 
 Confederate States of America, or from which hostile designs against 
 the Confederate States of America are apprehended by the president 
 thereof; and the governor may send for the person or papers of any 
 foreigner within this state, in order to obtain information to enable 
 him to act in such cases. 
 
 No. r>2. — An ORDINANCE providing; f<>r the speedy completion of Rail 
 Road Connections between Richmond ami Harpers Ferry. 
 
 Passed .Tun- LB, 18SL 
 
 lie it ordained, that the Manassas Gap rail road company be and Ban 
 arc hereby authorised to extend their road from some point at or ■ 
 near Slnn-burg. (<• (unmet with the rail road at or near "Winchester. road 
 
- r >0 ORDINANCES OF THE VIRGINIA CONVENTION. 
 
 If the major general in command of the confederate forces in this 
 commonwealth regards tin* construction of this road at this time 
 Governor antho- necessary f«»r the military defence <>f the state, the governor of the 
 moser commonwealth is hereby authorized to loan said company, out of the 
 
 funds appropriated for the defence of the stale, a Bum nol exceeding 
 the sum of one hundred and twenty-five thousand dollars, including 
 the sum already advanced by the state to pay the duties on the irou 
 purchased by said road, taking a mortgage on the said road for the 
 repayment of the sum so loaned. 
 
 No. 53. — An ORDINANCE t.> authorize the County Courts to make pro- 
 vision for the maintenance of the Families of Soldiers in the actual service 
 of the State 01 tin' Confederate States, and for other purposes. 
 
 Passed .Time 18, 18G1. 
 
 Omnty court* I3e it ordained by the people of Virginia, in convention assembled, 
 mayfttrniBh ° E8 that in addition to the purposes specified in the act of the general 
 uniform?. &c assembly of this commonwealth, entitled an act to authorize the 
 county- courts and any incorporated city or town to arm the militia 
 of their respective counties, cities and towns, and to provide means 
 therefor, passed January nineteenth, eighteen hundred and sixty-one, 
 the county courts and corporations accepting the provisions of said 
 act, may furnish uniforms, equipments and any necessary relief to 
 such volunteers and to such portions of the militia in their respective 
 jurisdictions as they may deem expedient; may likewise make pro- 
 vision for the maintenance of the families of soldiers in the actual 
 service of the state or of the Confederate States ; and for such other 
 purposes as the public exigencies may require : and they shall have 
 power to provide the means necessary for these purposes, in the 
 Acts of county manner set forth in said act: And all orders and acts of county 
 oourts eg courts and corporations heretofore done and made for the purposes 
 
 aforesaid, and any bonds heretofore issued for such purposes, are 
 Banks autho- made legal and valid. And the several banks of this commonwealth 
 chase 'bonds aro hereby authorized to purchase bonds issued by the counties of this 
 state for the purposes aforesaid; and where such bonds have already 
 been purchased by any such bank, the same is hereby legalized. 
 
 This ordinance shall be in force from its passage. 
 
 No. 54. — An ORDINANCE to legalize the Election of certain Menihers 
 elected to the next General Assembly. 
 
 Passed Juno 19, 1861. 
 
 Whereas doubts have arisen as to the legality of the election to 
 the general assembly of Virginia of persons holding military com- 
 missions or receiving pay or emolument in the military service: 
 
ORDINANCES OF THE VIRGINIA CONVENTION. 5 1 
 
 Be it therefore ordained, that no person elected to either house of Elections to 
 the general assembly of Virginia, at the election held on the twenty- bly legalized 
 third day of May eighteen hundred and sixty-one, shall be disqualified 
 from taking or holding his seat by reason of his holding a military 
 commission, or receiving pay or emolument in the military service 
 of Virginia, or the Confederate Slates of America at the time of his 
 election, or afterwards. 
 
 No. 55. — An ORDINANCE to Repeal the Ordinances concerning the 
 Advisory Council. 
 
 ,1 June 19, 1861. 
 
 Be it ordained, that the several ordinances of the convention to OrrlinancrR nn- 
 
 ... . - . . .. , P . tliorizing council 
 
 authorize the appointment oi an advisory council, to denne its au- repealed 
 thority, to increase its number, and to prescribe the compensation of 
 its members, be and the same are hereby repealed. 
 
 No. 56.— An ORDINANCE adopting the Constitution of the Confederate 
 
 Sir, 
 
 r i Joi • I •. 1861. 
 
 We, the delegates of the people of Virginia, in convention assctn- Constitution of 
 bled, do, in their name and behalf, assent to, ratify and ordain the a 
 constitution of the Confederate Slates of America, adopted by the 
 congress of the Confederate States of America on the eleventh of 
 March eighteen hundred and sixly-one : and we do hereby make 
 known to all whom it may concern, that the said constitution is bind- 
 ing upon the people of this commonwealth. -But this constitution is rj hi t.. repeal 
 ratili pted by Virginia, with the distinct understanding on Served 11 n 
 
 n. thai she expressly reserves to hi rs< If the right, through a 
 
 convention representing her people, in their sovereign character, to 
 
 ! and aftnul this ordinance, and to resume all the powers hereb\ 
 
 granted to the confederate government, whenever they shall, in her 
 
 judgment, have been perverted to her injury or oppression. 
 
 :.— Aii 01 -. to the Hottonavijle i nd Marl 
 
 I- torn 1 urnpike ]:• 
 
 I- Be il .ii of twelve hundred dollars is In r. ' 
 
 appropriated foi , f re for military purpo "rier 
 
 on the Huttonavilleand Marlin'i bottom turnpike road, to be paid i i 
 
52 
 
 ORDINANCES OF THE VIRGINIA CONVENTION. 
 
 of any money now or hereafter to be appropriated for the defence of 
 the state. The amount hereby appropriated is directed to he ex- 
 pended in preparing Baid road for the transportation of troops and 
 provisions ; and the governor is hereb} r directed to cause said repairs 
 to be made with all possible dispatch ; and the money appropriated 
 shall be paid upon the order or orders of the governor. 
 
 2. This ordinance shall he in force from its passage, subject to 
 amendment or modification by the convention or general assembly. 
 
 No. 58. — An ORDINANCE concerning the Cadets of the Virginia Military 
 
 Institute. 
 
 Passed June 22, 1861. 
 
 Army and naval Be it ordained, that the board for auditing the army and naval 
 
 authorized to expenditures do pay to such of the cadets of the Virginia military 
 
 institute who have performed services as drill masters at the camp of 
 
 instruction or other place, the sum of twenty dollars per month 
 
 whilst so engaged. 
 
 No. 59. — An ORDINANCE for the protection of property in Counties of 
 the State not actually invaded. 
 
 Passed June 24, 1861. 
 
 The officer eom 
 mandinf,' autho- 
 rized to draft 
 
 militia 
 
 1. Be it ordained, that in such counties of this state as are not 
 actually invaded, but in which, from the proximity of the enemy of 
 the state, or other cause, danger exists of a loss of property to the 
 citizens thereof, the colonel commanding the militia of said county, 
 or, in his absence or inability to act, the next highest officer of such 
 militia shall, whenever in his opinion it shall be necessary to protect 
 the property of the citizens of such counties, have power, and he is 
 hereby authorized and required to draft from the militia of such 
 county so many men, from time to time, as he shall deem sufficient 
 to prevent any loss of property from his county as aforesaid. lie 
 shall appoint some inferior officer of the regiment from which said 
 men may be drafted to command the same, under the authority and 
 Time of 8ervice direction of the officer who shall order out the same ; the said men, 
 so drafted, shall remain in the service of the state for as long as, in 
 the opinion of the officer calling them out, their services are neces- 
 sary for the purposes above specified. 
 
 AVliat officer 
 Bhall command 
 
 ITow supplied 
 with arms and 
 ammunition 
 
 2. Be it further ordained, that any guns or ammunition which have 
 heretofore been sent to such counties as it^may be found necessary 
 to call out any portion of the militia thereof, and which have not 
 

 ORDINANCES OF THE VIRGINIA CONVENTION. 53 
 
 been used, shall be appropriated by those who have the care and 
 custody of the same (or so much thereof as maybe necessary) to the 
 use of the men so called out, for the purposes of the service to which 
 they arc called ; and in such counties as have not now on hand any 
 arms or ammunition from the state, the executive of the state shall v 
 cause a sufficient quantity of ammunition to be furnished the officer 
 calling out the said militiamen, for their use;, and such officer shall 
 give his receipt therefor, and shall return to or account for all such 
 ammunition furnished him under this ordinance as may not be used 
 in the service. 
 
 3. The officer calling out said men shall report, from time to time, The amount ot 
 to the executive of this commonwealth, the number of men so called ?"cdved 
 
 out by him ; the time of their service ; and the executive shall cause 
 to be paid to such men so called out, and the officer commanding the 
 same, such pay per month, inclifding rations, as the same men would 
 be entitled to if the entire regiment to which they belong wore called 
 into the service of the state to repel invasion : provided, that nothing 
 in this ordinance shall exempt any militiaman from the service of 
 the state or the government of the Southern Confederacy, should it 
 become necessary to require the same. 
 
 4. This ordinance shall take effect from its passage. 
 
 No. HO. — Au ORDINANCJE to authorize a Connection between the Rich- 
 mond, Fredericksburg and Potomac and Richmond and Petersburg Rail 
 Roads in Richmond, and between the Richmond and Petersburg and 
 Petersburg Rail Roads in Petersburg. 
 
 Pasnetl Juno 24, 1861. 
 
 1. P»e it ordained, that the Richmond, Fredericksburg and Poto- Either company 
 mac rail road company and the Richmond and Petersburg company, extend road 
 
 or either <>f them, is hereby authorized to extend their roads, or 
 
 either (if them, through the city of Richmond. BO as to connect with 
 
 each other; and that the Richmond and Petersburg rail road com- 
 pany and the Petersburg rail road company, or either of them, is 
 hereby authorized to extend their roads, or either of them, through 
 the city of Petersburg, m m to connect with each other. 
 
 2. Should said companies fail to take immedial to make Confederate 
 either oi said connections, and tin- commander m duel 01 tbe con- ,,,, r maj eaaat 
 
 in this State d< I ID said Connections, or either of thcui ^'J^^Yobe" 
 
 neoessarj for the defence of the state, the Confederate states may mad0 
 
 anectioni to 1"- constructed between the n 
 above mentioned, to continue during the present Mar; ot the gover- 
 
 nor nf the state, (iii the requisition of the authorities of said C"ii- 
 
r,4 ORDINANCES OF THE VIRGINIA CONVENTION. 
 
 federate States, may cause such temporary connections to be made, 
 and defray the expense thereof out. of the funds appropriated for the 
 defence of the state; to be refunded by the Confederate States, 
 under the convention of the twenty-fourth day of April eighteen 
 hundred and sixty-one. And in ease the temporary connections 
 aforesaid are made, then the authority given by this ordinance to 
 the companies aforesaid to connect said roads, is hereby revoked. 
 
 No. 61. — An ORDINANCE to repeal the 5th section of an act entitled an 
 act for the Belief of the Banks of this Commonwealth. 
 
 Passed June 21, 1861. 
 
 Reiirf of the Be it ordained, that the fifth section of the act entitled an act for 
 
 the relief of the banks of this commonwealth, passed March first, 
 eighteen hundred and sixty-one, is hereby repealed. 
 
 No. 62. — An ORDINANCE concerning Ordinances of a General Legisla- 
 tive Character, and providing for their Publication and Distribution. 
 
 Passed June 24, 1361. 
 
 Same footing as Be it ordained, that all ordinances of a general legislative character, 
 acts of legisia- ^^jgjj ] JV t j,j g convention, shall stand on the footing of ordinary 
 acts of legislation, and be subject to be repealed or modified here- 
 after, at the pleasure of the general assembly; and that the said 
 ordinances be published and distributed for' general information, in 
 the manner provided for the publication and distribution of the Acts 
 of Assembly. 
 
 No. 63.— An ORDINANCE authorizing Banks to change their Daces of 
 
 Business. 
 
 Passed June 24, 18G1. 
 
 Banks can Be it ordained, that whenever the president and direotors of any 
 
 burinie^ineer- bank, or of the branch of any bank, shall consider the domicil of the 
 tain cases jjank unsafe, or that access thereto is interrupted, by reason of the 
 
 public enemy, and shall so enter on their minutes, and appoint some 
 other place for the custody of its books and effects, and the transac- 
 tion of its business, it shall be lawful for the board to remove thereto, 
 and thereat to exercise its corporate rights, until the danger be over, 
 when it shall return to its original domicil; and bills of exchange, 
 checks and negotiable notes, payable at the domicil of such bank, 
 shall be held and treated as payable at the bank in the place to 
 
ORDINANCES OF THE VIRGINIA CONVENTION. 55 
 
 which it is- removed. The president and directors shall cause notice Notice of ra- 
 ta be given of tlie removal of such bank, by advertiseniunl, and given 
 other means likely to make the fact public. 
 
 Be it further ordained, thai win n any city or town, wherein a bank Parties tonego 
 . * . t tiable notes, 
 
 is located, shall he occupied, invested, or access thereto interrupted bills, &c. to re- 
 
 by the enemy, or when there is no mail therefrom to the place or 
 places to which notice should be addressed, the parties to negotiable 
 notes, bills and checks, payable in such city or town, shall remain 
 bound after the maturity of such notes, hills and checks, without 
 demand, protest or notice, as if the requirements of law in that be- 
 half had keen complied with. 
 
 No. 64. — An ORDIK LNCE to amend and rc-cnaci an Ordinance entitled an 
 ordinance to authorize a Connection between the Richmond, Fredericks- 
 burg and Potomac Rail Road and the Richmond and Petersburg Rail Road 
 in Richmond, and between the Richmond and Petersburg Rail Road and 
 Petersburg RaH Road in Petersburg, passed June 24th, 1861. 
 
 Passed Juno 26, 186L 
 
 IV it ordained, that the ordinance entitled an ordinance to autho- Ordinance 
 
 , , _, . , _ 3 . . , -, ,. , passed 24th Jnne 
 
 nze a connection between the Richmond, Fredericksburg and Poto- i M ;i amended 
 mac rail road and the Richmond and Petersburg rail road in Rich- 
 mond, and between the Richmond and Petersburg rail road and 
 Petersburg rail road in Petersburg, passed on the twenty-fourth day 
 of June eighteen hundred and sixty-one, be amended and re-enacted 
 80 as to read as follows : 
 
 1. Be it ordained, that \~\n~ Richmond, Fredericksburg and Poto- Either company 
 
 ., ., authorised to 
 
 mac rail road company and the Richmond and 1 eterBburg rail road extend road 
 
 company, or cither of them, is hereby authorized to extend their 
 roads, or either of them, through tip' city oi Richmond, so as to con- 
 nect with each other; and that the Richmond and Petersburg rail 
 road company and tho Petersburg rail road company, or either of 
 them, is hereby authorized to extend their roads, or either of them, 
 through the city of Petersburg, so as tp conned with each other; 
 
 and that the trains of locomotives ami ear of all of the said Compa- 
 nies ami of southern rail road- connected with them, may he Oted 
 
 upon the said extensions, should said companies, or « ither of them, 
 fail to take immediate stops to make either of said connections, ami 
 the commander in chief of the confederate forces in this state should 
 deem said connections, or either of them, necessary for the defence 
 
 of the state, the government of the Confederate Statel may can B 
 
 temporary connection) ;•> be constructed between the roads ai 
 mentioned, to continue during the present vnr; or the governor of i 
 this Mate, on the requisition of the authoril ! Confederate,, 
 
 Bcfa temporary connections to he made, and de- ^i.X'Vub'J 1 
 
 mudo 
 
56 ORDINANCES OF THE VIRGINIA CONVENTION. 
 
 fray tin- expense thereof out of the funds appropriated for the defence 
 of the «tate, to be refunded by the Confederate States, under the 
 convention between this state and the Confederate States, of the 
 twenty-fourth day of April eighteen hundred and sixty-one. And in 
 case the temporary connections aforesaid are made, then the autho- 
 rity given by this ordinance to the companies aforesaid to connect 
 the said roads, is hereby revoked. 
 
 Public or private 2. Be it further ordained, that in order to enable the said compa- 
 
 condemned ay be nies to makc thc extensions of their roads herein provided for, they 
 
 are hereby authorized immediately to enter upon and occupy any 
 
 real property, public or private, which may be needed to make said 
 
 extensions, any enactment of the general assembly heretofore passed 
 
 to the contrary notwithstanding, and to have the same condemned ; 
 
 the amount of any damages for entering upon and occupying any 
 
 real property, to be ascertained as now provided for by law, with re- 
 
 Dweiiing houses gard to corporations generally : provided, however, that no dwelling 
 
 demlTed wXuj house shall be taken for the purposes aforesaid, without the consent 
 
 consent of owner of the owuer therco f. 
 
 3. This ordinance shall be in force from the passage thereof. 
 
 Auditor may 
 authorize clerk 
 to perform 
 duties 
 
 No. 05— An ORDINANCE providing for the appointment of Commissioners 
 of the Revenue and Collectors of Taxes in certain cases, and providing 
 for the absence of the Auditor of Public Accounts. 
 
 Passed June 26, 1861. 
 
 1. Be it ordained, that whenever it is necessary for the auditor of 
 public accounts to be absent from his office, when he is employed in 
 the performance of the duties of any board of which he is ex-officio 
 a member, or when engaged in any special or important duty apper- 
 taining to his office, he may thereupon authorize the duties of the 
 said officer to be performed for such time by any clerk in his office, 
 of which authority, information shall be given to the treasurer and 
 second auditor. The auditor of public accounts and his securities 
 shall be liable for any default or breach of duty while so acting. No 
 additional compensation, beyond the annual salary, shall be allowed 
 to any clerk for his services while so acting. 
 
 Commissioners 
 of the revenue 
 may be 
 appointed 
 
 2. It shall be lawful for the auditor of public accounts to appoint 
 one or more commissioners of the revenue for each district in this 
 commonwealth to fill any vacancy therein, or to perform any duty 
 which the incumbent has failed or refused to perform. The com- 
 missioner bo appointed shall continue in office until his successor is 
 elected and qualified (if appointed to fill a vacancy), and afterwards 
 until he shall have completed his assessments of all licenses, persons 
 
ORDINANCES OF THE VIRGINIA CONVENTION. 57 
 
 and property which may have been commenced by him, and the 
 
 delivery of the certificates of licenses and books of his assessments 
 
 of persons and property to the proper collecting- officers, in the mode 
 
 prescribed by law. The time for the assessments and delivery of 
 
 the certificates and books thereof, as aforesaid, shall be prescribed by 
 
 the auditor at the time of the appointment. For good oause, the Fees of eommig- 
 
 said auditor, with the approbation of the governor, may allow such increased 
 
 commissioner an additional fee for each certificate of license, to be 
 
 issued by him, not exceeding one dollar, to be included in the license 
 
 tax. 
 
 3. Whenever the office of any sheriff or collector of taxes shall How vacancies 
 become vacant, or when the security of any sheriff or collector is other collector* 
 manifestly insufficient, the auditor of public accounts may appoint may c 8upp ie 
 a collector of the taxes, militia fines, and other public dues, in any 
 
 county or corporation, to collect the same, and may allow him a 
 reasonable compensation, to be agreed upon (before the service is 
 commenced), and approved by the executive. 
 
 4. Such collector shall have a reasonable time allowed him by the in cases of 
 auditor to make such collections and pay the same into the treasury; may take ju'dg 
 and shall, before he acts, execute a bond witli sureties approved by SbcwSoii 
 the said auditor, conditioned that he will faithfully collect the said 
 
 taxes, militia fines and other public dues, and account for and pay 
 the same into the treasury within the time so allowed. The said 
 bond shall remain filed in the auditor's office. In all cases of default 
 in the payment of taxes collected by any officer, where the auditor of 
 public accounts is required to take judgment against such defaulting 
 officer within a given time without notice, the said auditor may in 
 his discretion, within said time, take such judgment or not. 
 
 5. This ordinance shall be in force from its passage, and continue 
 in foree until repealed by the general assembly; the right to do 
 which is hereby vested in the said general assembly. 
 
 No. 6G. — An ORDINANCE respecting the Revenue of the Literary Fund. 
 Tagged June 26, 1861. 
 
 Be if ordained, that, excepting the appropriations to the university Literary fund 
 of Virginia and the Virginia military institute, the whole revenues for mllitaa-j 
 
 aocrning to the Literary fund, until otherwise provided by law, be '' ! " '" 
 and the lame arc hereby appropriated to tin' purpose of the military 
 defence of th^ state, ami the future operation of all laws appropriat- 
 ing Booh revenue j- hereby raspended i but such portion of said re 
 
 venue already aooraed as may he lawfully bound, up to the first day 
 of July next, shall be paid aec'i'din-ly. 
 
5S 
 
 ORDINANCES OF THE VIRGINIA CONVENTION. 
 
 Conrt o{ the 
 enmity next 
 th'-roto uhall 
 
 No. 67.— An ORDINANCE extending the Jurisdiction of the County 
 Courts in certain cases. 
 
 Passed June 2C, 1SG1. 
 
 Be it ordained, that when the court of any county shall fail to 
 meet For the transaction of business, or the people thereof, or any of 
 havejuriediction thenij sha]1 1)( . preverjte a , Vnm attending thereupon by reason of the 
 public enemy, the court of the county next thereto, where Bueh ob- 
 struction does not exist, and the clerk thereof, shall have jurisdiction 
 of all matters and authority to do and perform all acts which, as the 
 law now is, are referable to the court or to the clerk of the count}- so 
 obstructed. 
 
 Who exempt 
 from military 
 duty 
 
 No. G3.— An ORDINANCE to amend an Ordinance passed May 1st, 1861, 
 concerning Persons exempt from Military Duty. 
 
 Passed June 26, 18C1. 
 
 1. Be it ordained, that the ordinance passed the first day of May 
 eighteen hundred and sixty-one be and the same is hereby amended 
 and re-enacted so as to read as follows : 
 
 That all persons actually and personally employed in any factory 
 for the manufacture of arms, munitions of war, shoes, leather, cotton 
 or woolen goods, or in mining for coal, iron, lead, saltpetre, salt and 
 other minerals deemed necessary for the defence of the state, shall 
 be exempt from the performance of military duty, unless drafted and 
 detailed for actual service by order of the governor, until otherwise 
 provided by law. ' ' 
 
 2. This ordinance shall be in force from the passage thereof. 
 
 tntfrest sns- 
 pended during 
 '.he war 
 
 No. G9.— An ORDINANCE in relation to the Interest of the State Bonds. 
 
 PasBed June 20, 1831. 
 
 Be it ordained, that the payment of the interest upon the bonds of 
 the state, now the property of the government of the United States, 
 or held by it in trust, or which are now the property of a citizen or 
 corporation of said government, or of any state adhering thereto, bo 
 suspended during the existing war; and for the purpose of ascertain- 
 ing the bonds which are so owned, the commissioners of the Sinking 
 fund shall cause such interrogatories as they may prescribe, to be 
 
 Interest pnyahlo answered under oath. The interest on said bonds, except those held 
 at tin; treasury f .. 11 ,. , ., , , . _ , , ,, , .-, 
 
 Exception as aforesaid, and the sterling bonds payable in London, shall be paid 
 
 at the treasury, and not elsewhere, in currency. 
 
ORDINANCES OF THE VIRGINIA CONVENTION. Z39 
 
 No. 70.— An ORDINANCE to prohibit Citizens of Virginia from holding 
 Office under the United States Government. 
 
 Passed June 27, 1861. 
 
 1. Re ii ordained, that any citizen of Virginia holding office under Banished frora 
 the government of the United Slates after the first of August, shall declared an 
 be forever banished from iliis state, and is declared an alien enemy, ;iht ' n 
 
 and shall be so considered in all the courts of Virginia. 
 
 2. Any citizen of Virginia, -who may hereafter undertake to repre- Shall be deemed 
 sent the Btate of Virginia in the congress of the United Slates, shall, gui >0 
 
 in addition to the penalties of the preceding section, he deemed 
 guilty of treason, and his property shall, upon information by the 
 attorney g< neral, in any court of this commonwealth, be confiscated 
 to the use of the state. 
 
 3. The first section shall not, be deemed applicable to any officer 
 of the United States now out of the limits of the United Stales or of 
 the Confederate States, until after the first day of July eighteen 
 hundred and sixty-two. 
 
 No. 71. — An ORDINANCE authorizing Treasury Notes, and concerning 
 
 tin- Ranks. 
 
 Passed June 28, 1861. 
 
 I. Be it ordained, that the twelfth and thirteenth sections, and the Whensns- 
 last clause of the sixteenth section of chapter fifty-eight of the Code, 
 be and the same are hereby suspended, in respect to the banks which, 
 since the seventeenth day of April last, have made, or may hereafter 
 make loans to this commonwealth and the government of the Confe- 
 derate States, or to cither of them. The "loans and discounts" end Loang and dlr 
 i .,.,,-... , ,. , , . counts may 
 
 the "circulation" of the banks so lending, may exceed the restriO- exceed reatrto" 
 
 'hereon by the amount of their loans to the commonwealth and 
 the government of the Confederate states, until the same be repaid. 
 The banks are severally authorized to loan to the commonwealth and 
 to the government of the Confederate States thirty per centum on 
 their respective capitals, in the ratio of twenty per centum to the 
 
 onwealth, and oi ten per centum to the government of the 
 Confederal ; and a loan to either shall impose an obligation 
 
 'i tu the other in the ratio aforesaid: provided, that upon the Bank may loan 
 certificate of the auditor, that the wants of the commonwealth will I -,'a Con- 
 
 supplied by loans by the banks of 1- m than the twenty pei eentum ' 
 aforesaid, they shall severally be at liberty to increase their loai 
 
 ment of the Confederate State-- by such deficiency. The 
 banks shall beat liberty to receive and circulate the treasury notes 
 of the commonwealth and the 
 
60 ORDINANCES OF THE VIRGINIA CONVENTION. 
 
 Auditor of 2. For the purpose of raising money for the defence of the state, 
 
 may ^suc °t"ea- and the payment of the interest on the public debt and of the ex- 
 
 »ury notes penses of the convention, the governor is hereby authorized to direct 
 
 the auditor of public accounts to issue treasury notes, to an amount 
 
 not exceeding in the aggregate four millions of dollars, in addition to 
 
 the sum authorized to be borrowed under the ordinance passed the 
 
 thirtieth day of April eighteen hundred and sixty-one, entitled an 
 
 ordinance to authorize the issue of treasury notes. The notes hereby 
 
 authorized to be issued, to the amount of two millions of dollars, shall 
 
 bear no interest, be payable on demand to bearer, and in sums not 
 
 Kotes so issued less than five dollars. The residue thereof shall bear interest at the 
 
 to bear interest ~ . -, , , , , , 
 
 rate of six per centum per annum, and be payable to bearer, one year 
 after the date thereof, in sums not less than twenty dollars. All of 
 these notes shall be receivable in payment of all taxes and other dues 
 to the commonwealth, and may be reissued until otherwise provided 
 May be eon- by law. They may also, when presented at the treasury in sums of 
 registered °bonds five hundred dollars, or any multiple of one hundred above that sum, 
 be converted into registered bonds of the state, bearing six per cen- 
 tum interest per annum. All the provisions of the ordinance passed 
 the thirtieth day of April eighteen hundred and sixty-one shall be 
 held to apply to the notes authorized to be issued by this ordinance, 
 except so far as they maj T be inconsistent therewith. 
 
 Banks entitled 3. The banks, or any of them, entitled to have their notes coun- 
 counters'ignod tersigned by the treasurer, may have them countersigned in like 
 by the treasurer maTiner? t i] ie ex tent of their loans under this ordinance, by depo- 
 siting with the treasurer the bonds of the government of the Confe- 
 derate States, subject to all the provisions of section forty-nine of 
 chapter fifty-eight of the Code, edition of eighteen hundred and sixty. 
 
 Treasurer and 4. Inasmuch as the preparation of the notes hereby authorized is 
 additional pay an addition to the general duties of the treasurer and auditor, and 
 because it will involve a large amount of labor not contemplated as 
 part of their official duties, the said treasurer and auditor shall each 
 be allowed at the rate of three dollars for each thousand notes so 
 prepared and signed by them. 
 
 No. 72.— An ORDINANCE for the relief of Sheriffs of certain Counties. 
 Passed June 28, 1861. 
 
 Whereas some of the counties of this state have been, and others 
 may be invaded and occupied by the army of the United States, and 
 other counties so held by disloyal citizens, as that the sheriffs of such 
 counties may be hindered and delayed, without their fault, in the 
 collection of the state revenue : 
 
ORDINANCES OF THE VIRGINIA CONVENTION. 61 
 
 Be it therefore ordained, that in all such cases the auditor of How auditor 
 public accounts shall be and he is hereby authorized and required to sheriff 
 settle with all such sheriffs, accounting for the revenue of their re- 
 spective counties, upon just and equitable principles, allowing' full 
 commissions upon the sums paid over, prescribing such forms for 
 returns, and omitting- such oaths as he may think proper, and pro- 
 viding for the subsequent collection of such public dues. And the 
 said auditor is required in his future reports to state the special cir- 
 cumstances of such cases, and the condition and amount of the seve- 
 ral claims. 
 
 No. 73. — An ORDINANCE concerning the Northwestern Lunatic Asylum, 
 and the West Liberty Academy in Ohio County. 
 
 1861. 
 
 1. Be it ordained, that the prosecution of the work upon the Work suspended 
 Northwestern lunatic asylum he suspended until the general assem- 
 
 bly shall otherwise, provide; that no further moneys he drawn from 
 the treasury on that account; and that any surplus of the moneys 
 
 hitherto drawn, after paying for work done, be returned into the 
 treasury. 
 
 2. Be it further ordained, that the act of the last general assent- Act authorizing 
 bly authorizing a loan from the Literary fund of five thousand dol- 
 lars to West Liberty academy in Ohio county, be and the same is 
 
 hereby repealed. 
 
 3. This ordinance shall be in force from its passage. 
 
 No. 74. — An ORDINANCE for the apportions ent of Representation in (!i< 
 Congress of the Confederate States. 
 
 Passed June 28, 1 
 
 Be it ordained, that the number of members to which this state is state nrpor- 
 
 • ii-ii <• • i . i- i i. tloned into 
 
 entitled in the house <d representatives ot the Confederate States, sixteen < 
 shall continue to be apportioned amongst the several counties and 
 corporations of the state, arranged into sixteen districts as follows : 
 
 Middlesex, Accomack, Northampton, King William, Gloucester, 
 Matthews, Lancaster, Westmoreland, Richmond, King & 
 
 Queen and Northumberland shall be the first district. 
 
 Norfolk city, Norfolk county, Princess Anne, Nansemond, [sic of 
 Wight, Southampton, Sussex, Surry and Greenesville shall be the 
 second disl 
 
 City "i Richmond, rlenrioo, Hanover, Charles City, New Kent, 
 88 
 
ORDINANCES OF THE VIRGINIA CONVENTION. 
 
 Elizabeth City, Warwick, James City, Williamsburg and York shall 
 be the third district. 
 
 City of Petersburg, Dinwiddie, Chesterfield, Powhatan, Amelia, 
 Nottoway, Cumberland, Goochland and Prince George shall be the 
 fourth district. 
 
 Prince Edward, Brunswick, Mecklenburg, Lunenburg, Charlotte, 
 Halifax and Appomattox shall be the fifth district. 
 
 Pittsylvania, Patrick, Henry, Franklin, Bedford and Carroll shall 
 be the sixth district. 
 
 Albemarle, Campbell and Lynchburg, Amherst, Nelson, Fluvanna 
 and Buckingham shall be the seventh district. 
 
 Spotsylvania, Louisa, Orange, Madison, Culpeper, Caroline, King 
 George, Stafford and Greene shall be the eighth district. 
 
 Fauquier, Rappahannock, Prince William, Fairfax, Alexandria, 
 Loudoun, Warren and Page shall be the ninth district. 
 
 Frederick, Berkeley, Morgan, Hampshire, Clarke, Jefferson, She- 
 nandoah and Hardy shall constitute the tenth district. 
 
 Augusta, Rockingham, Rockbridge, Pendleton, Highland, Bath, 
 Pocahontas and Alleghany shall constitute the eleventh district. 
 
 Botetourt, Roanoke, Montgomery, Floyd, Pulaski, Giles, Craig, 
 Mercer, Monroe, Greenbrier, Raleigh and Fayette shall constitute 
 the twelfth district. 
 
 Wythe, Smyth, Grayson, Washington, Scott, Lee, Wise, Bu- 
 chanan, McDowell, Tazewell, Bland and Russell shall constitute the 
 thirteenth district. 
 
 Kanawha, Logan, Boone, Wayne, Cabell, Putnam, Mason, Jack- 
 son, Roane, Clay, Nicholas, Braxton, Wirt and Wyoming shall con- 
 stitute the fourteenth district. 
 
 Lewis, Wood, Pleasants, Tyler, Ritchie, Doddridge, Upshur, Ran- 
 dolph, Webster, Tucker, Barbour, Harrison, Taylor, Gilmer and 
 Calhoun shall constitute the fifteenth district. 
 
 Ohio, Hancock, Brooke, Marshall, Wetzel, Marion, Monongalia 
 and Preston shall constitute the sixteenth district. 
 
 Each of said districts shall choose one representative in the con- 
 gress of the Confederate States. 
 
 No. 75.— An ORDINANCE concerning the Office of Adjutant. 
 Passed Juno 28, 1861. 
 
 1. Be it ordained by the people of Virginia in convention assem- 
 bled, that the commandant of a regiment of volunteers may appoint 
 any person belonging to such regiment to act as adjutant, with the 
 rank, pay and emoluments of captain — any thing in any law or 
 ordinance to the contrary notwithstanding. 
 
 2. This ordinance shall be in force from its passage. 
 
ORDINANCES OF THE VIRGINIA CONVENTION. 6-> 
 
 No. 76. — An ORDINANCE concerning the Appointment of Aids by the 
 Governor of the Commonwealth. 
 
 Passed June 20, 1861. 
 
 Whereas the conduct and expenses of the present war have been 
 transferred to the authorities of the Confederate States, so as render 
 unnecessary and inexpedient any extraordinary expense, separately, 
 by this commonwealth, in conducting the same : 
 
 Be it therefore ordained, that the eighth section of chapter sixth Former ordi 
 of the Code of Virginia, authorizing the governor to appoint seven " a 
 aids, and the ordinance pased April nineteenth, eighteen hundred 
 and sixty-one, entitled an ordinance to authorize the appointment of 
 aids by the governor, be and the same are hereby amended, so as to 
 read as follows : 
 
 "The governor of the commonwealth is authorized to appoint, How many aU^i 
 during the war, as many aids as he may deem proper ; each with the 
 rank of lieutenant colonel of cavalry, but only three of such aids, to 
 be designated by the governor, shall receive any pay, emolument, or 
 perquisites for his services, during the same year; and the three aids 
 receiving pay shall receive the pay only of captain of cavalry. M 
 
 No. 77. — An ORDINANCE providing for the election of Electors of Presi- 
 dent and Vice-President of the Confederate States. 
 
 Passed June 29, 1861. 
 
 1. Be it ordained by this convention, that until otherwise ordered Eighteen etec- 
 by the general assembly, eighteen electors of president and vice- chosen 
 president of the Confederate States of America shall be chosen by 
 
 the legally qualified voters of this state, by general ticket, as follows, 
 to wit : One elector from each congressional district established by 
 this convention, and two from the state at large ; the election to be Election. »bm 
 held on the first Wednesday in November eighteen hundred and 
 sixty-one, and to be conducted in all respects in accordance with the 
 statutes regulating the election of electors of president and vice- 
 president of the United States of America, as contained in the Code 
 of eighteen hundred and sixty. 
 
 2. The persona chosen as electors of president and vice-president When and 
 shall meet at the capitol in the city of Richmond on the day desig- shall moot 
 nntftfl by the congress of the provisional government of the Confi 'de- 
 rate States, and shall then and there give their \otej-, and make, 
 certify and transmit lists thereof, in the manner prescribed by the 
 constitution and laws of tho Confederate States. If anv of the 
 
■ OF THE VIRGINIA CONVENTION. 
 
 hall fail to attend by ten o'clock in the morning 
 of the said day. the electors present Bhall supply the vacancy by 
 appointing an elector in the place of each one bo failing to attend; 
 and every elector so appointed shall be entitled to vote in the same 
 manner n- if he had been originally chosen by the people. 
 
 
 3, . tor shall be allowed the same pay and mileage that 
 
 may at tfa be allowed by law to members of the general 
 
 assembly. But no elector who may be at the capitol at the same 
 time as a member of the general assembly, shall receive any thing 
 in addition to his pay and mileage as such member. 
 
 fro 78 —An ORDINANCE to authorize the administration of Oaths by 
 the Si cond Auditor and others. 
 
 Passed July l, 1861. 
 
 Be it ordained, that the second auditor and the secretary of the 
 commissioners of the Sinking fund are severally authorized to ad- 
 minister oaths in executing the provisions of the ordinance entitled 
 an ordinance in relation to the interest of the state bonds, passed the 
 twenty-sixth day of June eighteen hundred and sixty-one: That the 
 coupon bends, the payment of the interest en which is suspended by 
 the ordinance above referred, to, shall not be converted into registered 
 during the period the payment of the interest thereon is sus- 
 pended. 
 
 No. 79.— An OIJDTNANCK to authorize the, qualified voters of the Com- 
 
 • i, v. ! ay be absent from home in the military service, to voto 
 
 of their encampment for Electors for President and Vico- 
 Presi : lor members of Congress. 
 
 Pass-.l July 1, 1861. 
 
 ii;ty vote at Be it ordained, that the qualified voters of the commonwealth who 
 
 ibsent from the counties or corporations of their residence 
 in the military service of the state on the day of election for electors 
 of presidi nt ami vice-president and for members of the house of 
 is of the Confederate States, may vote in said elections 
 at such place or places within their encampment as the commander 
 at such encampment shall designate* whether the said encampment 
 • -rim may shall be within the limits of the state or not. For each place of 
 voting the commander of the encampment shall appoint a superin- 
 tendent, three commissioners, and as many clerks as shall be neces- 
 sary, who after having been first duly sworn by him, shall perforin 
 the duties required of, and be liable to the penalties imposed upon 
 
#^f 
 
 ORDINANCES OF TnE VIRGINIA CONVENTION. r>. r > 
 
 such officers under the election laws of the state. The said commis- 
 sioners shall canse separate polls to be opened for the electors of 
 president and vice-president of the Confederate ! I for llic 
 
 election of a member of congress. In the election of electors for How returns 
 president and vice-president of the I so held at J}JJ tobama<! « 
 
 any Buch encampment, the commissioners, after p< the duties 
 
 required of them by law, shall make out a return in the following 
 form: " We, A B, commissioners for holding the election for electors 
 of president and vice-president of the Confederate i the 
 
 encampment at commanded b; do 1 rtify 
 
 that an election was held on :" n day of for said en- 
 
 campment, and that the number of votes her pposite to 
 
 the names of the i veral | a for such per- 
 
 sons as el of Virginia, of a ; 
 
 president of the Confederate Stales, namely: (Here the list of the 
 names of the electors and votes is to follow.) under our 
 
 hands this day of in the .» Which 
 
 return, written in words and not in fij 1 by the 
 
 commissioners. The said return with the poll book and Rotumg sent to 
 
 the tickets given in by the voters, shall be forthwith dispatched by a l, "' Fovcmor 
 special messenger to he appointed by the commandant of th< 
 campment, to the governor. And it shall be the duty of the governor, 
 iningwhat persons are elected, to count the votes so re- 
 turned to him. In the election of members of 
 
 sentatives of this state in the coi f the Confeden B f for 
 
 the said conn ission hall < trict in the Btat< ' pre " 
 
 entitled to repre entation in the congress, if there be voters in said 
 encampment for such di to vote; and the qualified 
 
 ent them ht of suffrage, shall 
 
 from what district tl and 
 
 each v< for the member to re] resi i I the district from 
 
 which he comes, and his name shell be poll hook 
 
 opened for that district. And wh . CTB 
 
 be closed, the commissioners holding the said el hall niato ""1 ' 
 
 out a certified statement of the result of the election in such encamp- 
 ment for tl ional districts for wl 
 oeived, and the said commissioners shall deliver the poll hooks and 
 
 at to the commandant of the encampm 
 who shall a] pi i on wh< take the poll 
 
 made to the 
 courthouse ol th< i unty first named in the law di 
 
 : there to mi 1 1 the officer) o ndu< ting the 
 
 1 . the fifteenth 
 
 day alter the commcnoeii | , ..., lt p ro . 
 
 ribed l>y 1 m of the 
 
 office i iee( for deciding an ch i • 
 
66 
 
 ORDINANCES OF THE VIRGINIA CONVENTION. 
 
 CommipMonere 
 to collect »ub- 
 
 r.riptionn, bow 
 appoiuleil 
 
 No. 80.— An ORDINANCE concerning; the Confederate States Bonds. 
 Paused July 1,1861. 
 
 Be it ordained, that the county and corporation courts in the com- 
 monwealth be authorized to appoint commissioners in their several 
 counties, boroughs, towns and cities, to collect subscriptions to the 
 loaus authorized to be made to the Confederate States bonds, and that 
 subscriptions made to said bonds in writing be binding on the parties 
 so subscribing. 
 
 No. SI. — An ORDINANCE to substitute certain words for the words 
 "United States" in the Laws of this Commonwealth. 
 
 Passed July 1, 1861. 
 
 Be it ordained, that wherever the words "United States" occur in 
 the Constitution, Code and other laws of Virginia, the words " Con- 
 federate States" shall be and are hereby substituted therefor, where 
 applicable. 
 
 Demerol aspem- 
 bly may provide 
 for trial of 
 
 No. 82. — An ORDINANCE concerning Trials for Treason. 
 Passed July 1, 1861. 
 
 Be it ordained, that nothing contained in the eighth section of the 
 declaration of rights prefixed to the constitution, shall prohibit the 
 general assembly from providing by law for the trial of criminal 
 cases by juries of a vicinage other than that in which the offence is 
 charged to have been committed, when a trial in such vicinage can- 
 uot be conveniently had by reason of the presence of the public 
 enemy, or the prevalence among the people therein of sentiments 
 unfriendly to the enforcement of public justice. 
 
 Mmiey to be 
 puiil Inlo the 
 trenitorv 
 
 No. 83. — An ORDINANCE respecting the late Paymaster at Harpers Ferry. 
 Passed July 1,1861. 
 
 Be it ordained, that D. Murphy, late paymaster of the United 
 States at Harpers Ferry be, and he is hereby required to pay into 
 the treasury any balance of public money remaining in his hands; 
 and the treasurer is directed to ascertain such balance, and to require 
 \\\o payment thereof as aforesaid. 
 
if. 
 
 ORDINANCES OF THE VIRGINIA CONVENTION. 67 
 
 No. 84.— An ORDINANCE to provide for the enrollment and employment 
 of Free Negroes in the public service. 
 
 Passed July 1, 1861. 
 
 1. Be it ordained, that the county and corporation courts are herehy How enrolled 
 authorized, when deemed expedient, to cause to be enrolled all able 
 
 bodied male free negroes, between the ages of eighteen and fifty, 
 residing within their respective jurisdictions at the date of this ordi- 
 nance ; which said enrollment shall be deposited in the clerks' offices 
 of the counties and corporations aforesaid. 
 
 2. That upon the requisition of the commanding officer of any Commanding 
 post, or department of our forces, for labor in erecting batteries, «*uuiuon ak * 
 entrenchments, or other necessities of the military service, addressed 
 
 to the presiding justice of any county, or mayor or senior alderman of 
 any corporation, as aforesaid, he shall proceed forthwith to summon 
 two other justices to assemble at the clerk's office as aforesaid j and 
 any three justices shall constitute a board to carry out the purposes 
 of this ordinance. 
 
 3. That said board, or a majority thereof, shall proceed to select How to t* 
 from said list or enrollment such number of laborers as in their 8eIoct " < ' 
 judgment may be proper and expedient, having reference to the 
 condition and circumstances of the parties ; and shall require the 
 sheriff or sergeant to notify the free negroes thus selected to assemble 
 
 at such time and place as may be agreed upon between said board 
 and the military authorities as aforesaid. 
 
 4. That all free negroes thus detailed, and appearing at the place what -ompen- 
 of rendezvous, shall be received into public service (under such an'o^and* ^ 
 officers as may be detailed by the commandant as aforesaid to receive tLqw ,j£ '" rvi< * 
 them) as laborers, on condition that they be entitled to such com- " ''""' 
 sensation, rations, quarters and medical attendance as may be al- 
 lowed other labor of a similar character employed in the public ser- 
 vice; and that they shall not be detained, at any one time, for a 
 
 longer period than sixty days, without their consent. 
 
 .">. That any free negro duly detailed and notified as aforesaid, who IWttei whe. 
 shall fail or refuse to obey the requisition as aforesaid, shall be sub- B " rvi ''' , ** fc * a 
 ject to the penalties provided by law for persons drafted from the mi- 
 litia, and failing or refusing to obey Bnofa draft. 
 
 C. Snob five negroes shall, whilst engaged in the public service as 
 ■for* nbjeol to the rales and articles nf war. 
 
 7. The county and corporation courts are authorised tfl lth o. 
 
 enroll as volunteers all inch able bodied free Degrees as may offer^ 
 themselves for such service as ii herein before provided for; and, in 
 
 / 
 

 OBDINAN< ES OF THE VIRGINIA CONVENTION. 
 
 case of any requisition for labor from any county or corporation, no 
 draft shall be made until the list of volunteers shall be exhausted. 
 
 8. This ordinance shall be in force from and after its passage. 
 
 Basks r 
 to rec-'i . 
 gory notes 
 trade* certain 
 
 conditions 
 
 !so. 85. — An ORDINANCE requiring the Banks to receive tlic Treasury 
 Notes of this Commonwealth. 
 
 Passed July 1, 1861. 
 
 Be it ordained, that whenever any hank in this commonwealth 
 shall fail or refuse to receive on deposit, or in payment of debts due 
 to it, the treasury notes issued in pursuance of an ordinance passed 
 the thirtieth day of April eighteen hundred and sixty-one, entitled 
 an on to authorize the issue of treasury notes, and of an ordi- 
 
 nanc the twenty-eighth day of June eighteen hundred and 
 
 sixty-one, entitled an ordinance authorizing treasury notes, and con- 
 cerning the banks, that it shall be the duty of the governor to pro- 
 hibit, by proclamation, the notes of such bank from being received 
 in payment of taxes and other public dues : provided, however, the 
 said banks shall not be required to pay any interest that may have 
 accrued on said notes at the time when they are received. 
 
 No. 80. — Au 01 DE to provide for cha i certi- 
 
 fying Elections in certain contingencies. 
 
 Passed July l, 1861. 
 
 Commissioners Be it ordained, that iu all elections hereafter held in this common- 
 place of "meeting wealth, the general election laws now in force shall be re-enacted in 
 tooompftropoiirf a ]j rey p ec ts, except that the commissioners superintending or the 
 officers conducting elections, or those whose duty it may be to com- 
 pare polls or certify elections, if prevented from meeting at the 
 places now prescribed by law, by reason of danger from the public 
 enemy, shall be allowed to meet for such purposes at such other 
 place within this state as the said commissioners, officers or others 
 certifying elections may designate. 
 
 Auditing board 
 for army and 
 
 No. 87. — An ORDINANCE to provide for the Laborers at Harpers Ferry. 
 
 PiiKsod July J, 1861. 
 
 1. Be it ordained, that the board for auditing army and naval ex- 
 penditures be authorized to pay to the laborers at the Harpers Ferry 
 
7 * 
 
 ORDINANCES OF THE VIRGINIA CONVENTION. <)9 
 
 armory, •who, in the struggle now pending, have united themselves naval expend* 
 
 .,,_,., ~, . ,, , . , ., ,, turea authorized 
 
 with the Confederate States, the sums to winch they are. severally to pay 
 entitled for labor by them performed from the twentieth day of Feb- 
 ruary eighteen hundred and sixty-one to the nineteenth day of April 
 of the same year. 
 
 2. This ordinance shall he in force from its passage. 
 
 No. 88.— An ORDINANCE to provide for drafting the Militia of tho State. 
 
 Passed July 1, 1861. 
 
 1. l?c it ordained, that whenever, in the progress of the existing Governor may 
 war, this state shall be called upon to contribute her proportion of ™ 
 
 troops to the army of the Confederate States, the governor may ac- 
 cept volunteers to the extent of the requisition : and if there be any 
 deficiency in the number of volunteers, the same may be supplied by 
 a draft from the militia. 
 
 2. In making any such draft, it shall, a? far as practicable, be ap- How draft to 
 portioned among the counties and cities of the state, so as to give to 8 appor 
 each fair credit for the number of volunteers theretofore furnisl 
 and the name principle shall, ] may be, be extended to tho 
 apportionment among company districts in any county or city. 
 
 ii. The governor shall have authority to prescribe such regula- Regulations to 
 tions, in addition to or in lieu of those now established by law, as by f,'o C v<rno C r 
 will enable him to tarry into full effect the principle above declared. 
 
INDEX. 
 
 ACADEMY. 
 
 Ordinance in relation to West Liberty, 61 
 
 Work on, suspended, 61 
 
 Act authorizing loan thereto, repealed, 61 
 
 ADJUTANT. 
 
 How appointed, 62 
 
 AUDITOR AND TREASURER. 
 
 May issue treasury notes, 60 
 
 Additional pay allowed to, 60 
 
 Authorized to settle with sheriffs, 61 
 
 ADVISORY COUNCIL. 
 
 Ordinance establishing-, repealed, 51 
 
 AIDS TO THE GOVERNOR. 
 
 Number of; how appointed, 63 
 
 What number shall receive pay, 6.'] 
 
 Rank of, q;j 
 
 APPORTIONMENT OF REPRESENTA- 
 TION. 
 
 Ordinance apportioning- the state, 61-2 
 
 RANKS. 
 
 Authorized to purchase county bonds, r>0 
 
 Ordinance for relief of, 54 
 Ordinance authorizing* change of 
 
 places of business, 54 
 Obligation of parties to notes, continued, 55 
 Certain acts in relation to banks, sus- 
 pended, 59 
 Discounts and loans increase d, 59 
 ■ ceive and ory notes, r.'.t 
 May have notes countersign) I. 60 
 Banks required to rea ire treasury not. 
 
 BONDS. 
 
 I 'out. derate States bond-, 66 
 
 Coupon bonds, 64 
 
 State bonds, gg 
 
 CADETS OF VIRGINIA MILITARY 
 INS 11 rUTE. 
 Ordinance allowing compensation, 
 
 pas-. ■!. -,. , 
 
 CLERKS 
 
 Auditor may appoint < •: 
 
 ■ (ion at military encamps 
 bow appointed, c,\ 
 
 COMMISSIONERS. 
 
 Of elections at military encampments, 
 by whom appointed. 
 
 Of the revenue, may be appointed by 
 
 the auditor in certain cases, 56 
 
 CONFEDERATE STATES BONDS. 
 Commissioners to collect subscriptions 
 
 to, how appointed, 66 
 
 Subscriptions in writing binding on 
 
 parties, 66 
 
 CONVENTION. 
 
 Between Virginia and Confederate 
 
 States, 45 
 
 Of Virginia, how paid, 60 
 
 COUNTY AND CORPORATION 
 COURTS. 
 
 Authorized to provide for families of 
 
 soldiers, 59 
 
 Acts of, legalized, 50 
 
 Jurisdiction of, extended, 58 
 
 May appoint commissioners to collect 
 subscriptions to Confederate States 
 bonds, 66 
 
 May enroll free negroes in public ser- 
 vice. 67 
 
 CONSTITUTION OF CONFEDERATE 
 STATES. 
 
 Ordinance adopting the same, passed, 51 
 Right to repeal or annul, reserved, 51 
 
 COUPON BONDS. 
 Not convertible into registered stock, 64 
 
 K MICTIONS. 
 Of persona holding military commissions, 
 
 legalized, 5] 
 
 Of members of congress of Confederate 
 
 States, how to proceed, Qg 
 
 At military encampments, 64 
 
 Returns, how ma 65 
 
 Commissioners, how appointed, and their 
 
 duti flr, 
 
 Place for certifying, may be changed, 68 
 
 I I i:< rORS OF PRESIDENT AND 
 VICE-PRE8E 
 Ordinance apportii i,:\ 
 
 Number to be " 1. 
 
 When and wh< re th v shall • 
 
 \ . bow suppl ii4 
 
 of, 
 D at military encamp- 
 "" ' 64 
 
 Returns, how made, 65 
 
72 
 
 INDEX. 
 
 n FREE NEGROES. 
 
 Ordinance enrolling same for public ser- 
 vice, 
 
 Commanding officer may make requisi- 
 tion, 
 
 i >n, how allowed, 
 Penaltii - wh< d service refused, 
 
 Courts authorized to accept service, 
 
 GOVERNOR. 
 Aids to, how appointed, 
 Ordinance authorizing, to draft militia, 
 
 HARPERS FERRY. 
 Ordinance in relation to paymaster, 
 
 -cd, 
 Ordinance in relation to laborers, passed, 
 
 MILITIA. 
 
 Ordinance authorizing draft by go- 
 
 vernor, 
 Time of service prescribed, 
 How armed, 
 How paid, 
 
 MILITARY. 
 
 Ordinance exempting - certain persons 
 from duty, 
 
 MILITARY INSTITUTE. 
 Cadets of, allowed compensation, 
 
 NORTHWESTERN LUNATIC 
 ASYLUM. 
 Ordinance in relation thereto. 
 
 OATHS. 
 
 Holders of state bonds required to 
 
 take, in certain ■ 
 Second auditor and others authorized 
 
 to administer, 
 
 ORDINANCES. 
 
 Authorizing- and directing impri 
 nients and repairs to be made on 
 tlie Staunton and Parkersburg turn- 
 pike road, 
 
 Conc< ' is persons, 
 
 Providing for the speedy completion of 
 rail road connections between Rich- 
 mond and Harpers Kerry, 
 
 To authorize the county courts to 
 make, provision for the maintenance 
 of the families of soldiers in the 
 actual service of the state or th< 
 Confederate Stales, and for other 
 
 P U1 T 
 
 To legalize the elect 
 
 mi cabers eleel It x.t general 
 
 assembly, 
 
 To repeal the ordinances concerning 
 the advisory council, 
 
 Adopting the constitution of the Con- 
 federate States, 
 
 5 s' 
 
 49 
 
 In relation to the Huttonsville and 
 Marlin's Bottom turnpike i 
 
 Concerning the cadets of the Virginia 
 military institute, 
 
 For the protection of property in c 
 ties of tin - state not actually im 
 
 To authorize a connection between tl e 
 Richmond. IV 
 
 tomac and Richmond and Peters- 
 burg rail roads in Richmond, and 
 between the Richmond and Pi 
 burg and Petersburg rail 
 Petersburg, 
 
 To repeal the 5th section of an 
 entitled an act for the relief oi 
 banks of this commonwealth, 
 
 Concerning ordinances of a g. I 
 legislative character, and provi 
 for their publication a ion, 
 
 Authorizing banks to change their 
 places of business, 
 
 To amend and re-enact an ordin ee 
 entitled an ordinance to authori a 
 connection between the Richmond, 
 Fredericksburg and Potomac rail 
 road and the Richmond ami P 
 burg rail road in Richmond; and 
 between the Richmond and P< 
 burg rail road and Petersburg rail 
 road in Petersburg, passed June 24, 
 1861, 
 
 Providing for the appointmi 
 
 missioners of the revenue and col- 
 lectors of taxes in , and 
 providing for the absi oi the au- 
 ditor of public accounts, 
 
 Respecting the revenue of the Literary 
 fund, 
 
 Extending the jurisdiction of the c 
 ty courts in certain ( 
 
 To amend an ordin: 1 ; May 
 
 1st, 1861, concerning persons ex- 
 empt from military dutj', 
 
 In relation to the interest of the state 
 bonds, 
 
 To prohibit citizens of Virginia from 
 holding office under the United 
 States government. 
 
 Authorizing treasury notes, and con- 
 cerning the banks, 
 
 For the relief of sheriffs of cerl 
 counties, 
 
 Concerning the Northwestern lunatic 
 asylum, and the YV aca- 
 
 demy, in Ohio county, 
 
 For the apportionment of repre 
 tion in the congress of tin 
 rate Si 
 
 Concerning the office' of adjutant, 
 
 Concerning the appointment ol 
 by the governor of the common- 
 wealth, 
 
 Providing for the election of electors 
 of president and viec-preskh I 
 the Confederate Stati 
 
 To authorize the administration of 
 oaths by the second auditor and 
 others, 
 
 To authorize the qualified voters of 
 the commonwealth, who may be 
 
 51 
 52 
 R2 
 
 53 
 
 54 
 
 54 
 54 
 
 55 
 
 56 
 57 
 
 58 
 
 58 
 
 58 
 
 59 
 59 
 60 
 
 61 
 
 61 
 62 
 
 63 
 63 
 
 64 
 
INDEX. 
 
 73 
 
 absent from home in the military 
 service, to vote at the places of 
 their ent for electors for 
 
 pr< ; vice-president, and 
 
 for membi rs of 64 
 
 Concerning the Confederate Slates 
 
 bin 06 
 
 To sul rtain words for the 
 
 words " United Slates," in the laws 
 of this commonwealth, 6 i 
 
 . ials for (reason, *'. > 
 
 Respe - master at Har- 
 
 I i 66 
 
 To provide u the enrollment and em- 
 ploymonl nf free negroes in the 
 public : ivice, 67 
 
 Requiring the banks to receive tho 
 treasury notes of this common- 
 wealth, 68 
 
 :.- the places for 
 certil in certain con- 
 
 68 
 
 To pi. i! Harpers 
 
 Ferry, 68 
 
 To pi ing the militia of 
 
 the 69 
 
 WML ROADS. 
 Ordina ing connection bc- 
 
 tw< ■ i'l and Harpers Ferry, 49 
 
 in relation to Richmond, 
 1 and Potomac and 
 
 Ri< hmond and Pi teisburgrail read 
 in Ri Richmond and 
 
 load in Petersburg, 53, 55 
 
 REVENUE. 
 Ordinanc s rro\ ding for appointment 
 
 is of, 56 
 
 Auditor H'i\ appoint, 56 
 
 I'* • aged, 57 
 
 SCITOOLS AND COLLEGES. 
 
 Ordinance in relation to West Li 
 academy, 
 
 61 
 
 SHERIFFS AND COLLECTORS. 
 Ordinance in a 1 tion thereto, 56, 60-61 
 
 Vacancies, how tilled, 57 
 
 In counties invaded, how auditor may 
 pri i< 61 
 
 SPICIOUS PERSONS. 
 Ordinance in relation thereto, 
 
 49 
 
 TAXI'S. 
 How collectors of, may be appointed, 56 
 
 TREASON. 
 
 "Who guilty of, 59 
 
 Trial of, how provided for, 66 
 
 TREASURY NOTES. 
 
 59 
 
 Governor authorized to bave issued, (>0 
 
 When convertible into registered bonds, 60 
 
 When to beai inl 60 
 
 Shall be receivable for taxes, &c. 60 
 
 b 1 to n ceive, 68 
 
 TURNPIKES, 
 race in relation to Staunton and 
 Parkersburg, 49 
 
 Ordinance in relation to lluttonsvillo 
 and Martin's Bottom, 51 
 
 UNITED STATES. 
 Citizens of Virginia prohibited from 
 holding < ffice under, 59 
 
 Ordinance substituting certain words 
 
 therefor, G6 
 

 RESOLUTIONS 
 
 Adopted by the Virginia State Convention, July 1, L861 
 
 Mr. Barbour of Culpeper, from the oomtnitl to confoi with the 
 
 authorities of the confederate relations," presented tin- following 
 report : 
 
 The committee on confederate relatione having, aooording to order, 
 considered the communication from the executive in relation to cer- 
 tain Uuited stales officers, have come to the following resolution, 
 which they t od for adoption by th ion : 
 
 Resolved, that the governor of the commonwealth be requested tOGoven 
 take the necessary measui irtain to whal citizens of the com- 
 
 :i!rii an 1 "i • srnment of the United ' ', 
 
 rvices rendered sail government 
 
 prior t" Ilia, and to report the foots to the con- Report to be 
 
 ... , mndp rr, con- 
 
 vention at its adjourned sosion. 
 
 Mr. Barbour of Culpeper, from the same committee, presented the 
 following resolutions, which were adopted : 
 
 >lved, thai mor be requested, in accepting tenders of in receiving 
 
 tro»ps under any requisition of the oonf ivernment, to 
 
 heretofore i ! h ?V" 
 
 1 • '1 by 
 
 sinned in the provisional army of Virginia. pro- 
 
 my 
 
 B ■ srs in the pr .-f Virginia shall wh« offlcen to 
 
 her ■ i ;■.- b ■ in a •••: il ser 
 
 i • 1. that nothing herein ■ 
 interfere with the obligation of tlie state to offl • srs i 
 til- army of the United 9 u in 
 
 tho provisional army of VLrpiDia 
 

 
 
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