Al. <Q T S
OF THE
GENERAL ASSEMBLY
OF THE
STATE OF VIRQINTA.,
PASSED AT THE
REGULAR SESSION,
Commencing December 5th, in the 89th year of the Commonwealth.
ALEXANDRIA:
" STATE JOURNAL" PRINT, SOUTH ROYAL STREET.
1865.
119903
AUG 22194*
O T N
of the
general assembly
of the
STATE OP VIRGINIA,
passed at the .
REGULAR SESSION,
Commencing December 5th, in the 89th year of the Commonwealth.
ALEXANDRIA:
''state journal" print, south royal street.
1865.
ACTS OF THE GENERAL ASSEMBLY
PASSED AT THE REGULAR SESSION, 1864-65.
CHAPTER I.
An act to authorize the Directors, on the part of the State, of
the Branch of the Exchange Bank of Virginia, at Alexan-
dria, to purchase or subscribe, on behalf of the said Branch
Bank, for Stock in a National Bank, and to vest the stock
so taken in Trustees, for the use of said Branch Bank.
Passed, December 15th, 1864.
WnEREAS, A large number of the private stockholders Preamble,
of the Exchange Bank of Virginia are residents of that
portion of the State occupied by persons in armed rebellion
against the lawful authorities of this State and the United
States ; and whereas, one-half of the capital stock of the
said Bank was subscribed for on behalf of the State of Vir-
ginia, and is now the lawful property of this Common-
wealth ; and a large part of the property and proceeds of
the said Bank have been appropriated to the aid and en-
courggement of treason and rebellion—therefore, in order
to protect as well the interest of this State as of loyal
stockholders of said Branch, and of innocent parties which
may be endangered, and to prevent the application of divi-
dends, interest and proceeds of the stock of said Exchange
Bank to the encouragement and support of rebellion and
treason :
§1. Be it enacted by the General Assembly, That Lewis Names of the m-
McKenzie, James M. Stewart, A. C. Harmon and Williamrecfcors
Arnold, Directors on the part of the State of the Branch
of the Exchange Bank of Virginia, be, and they are here-
by, authorized and empowered to purchase or subscribe for,
on behalf of the Branch of the Exchange Bank of Vir-Amount of
ginia, at Alexandria, stock to an amount not exceedingstock-
4
ACTS OP THE GENERAL ASSEMBLY,
one hundred and twenty-five thousand dollars, in any Na-
tional Bank organized, or which may hereafter he organi-
zed, in the city of Alexandria, under the provisions of the
act of Congress, entitled "An act to provide a national
currency, secured by a pledge of United States bonds, and
to provide for the circulation and redemption thereof, ap-
proved June 3d, 1864."
§ 2. Be it further enacted, That the said Directors, on
the part of the State, of the Branch of the Exchange
Bank of Virginia, at Alexandria, and their successors in
office, together wi+h such Directors of the isaid Branch, if
any there he, or who may be hereafter legally elected by
The Pirectorgthe loyal stockholders of the said Exchange Bank of Vir-
constituted trus-ginia be, and they are hereby, constituted Trustees for the
chang# Bankf*'Branch of the Exchange Bank of Virginia, at Alexandria,
who shall be invested with the legal title in and to the
stock subscribed, according to the provisions of the first
section of this act, for the use of the said Bank, and who
shall represent the stock of the said Branch in the meetings
of the stockholders of the National Bank in which said
stock may be subscribed.
The Trustees § 3. The Trustees appointed by the second section of this
coiht^andshauact shall have power to collect, and shall account to the
aforesaid Branch of the Exchange Bank of Virginia, at
of Virginia, &c. Alexandria, for all dividends and proceeds of stocks of the
National Bank, subscribed or held by them' as Trustees
aforesaid, and, if it shall be deemed advisable by said
.MvVdlnds^n Trustees, during the rebellion, they may invest the divi-
Na ^en(^s aforesaid in stock of the National Bank, or in Uni-
wna j.u . ^ States Government securities, on account of the said
Branch of the Exchange Bank of Virginia, at Alexandria.
§ 4. If from any cause the said Branch of the Exchange
Bank shall cease to have a corporate existence, either «as a
Branch Bank, or as an Independent Bank, the General
The General As- Assembly shall have power to appoint Trustees, who shall
nowerbtoapPhoint perform the duties and be invested with the power imposed
Trustees. and conferred on the Trustees provided for under the second
section of this act", and upon the failure of the General
Assembly to appoint, it shall be the duty of the Governor
of this Commonwealth to appoint such Trustees, on the
happening of the contingency provided for in this section.
This act may be 85. This act mav be altered or amended by the General
altered by the » i i
General Assem-ASSeHl My.
b,y-
commencement- § 6. This act shall be in force from and after the passage
thereof.
ACTS OF THE GENERAL ASSEMBLY.
5
CHAPTER II.
An act to amend and re-enact an Ordinance, entitled 11 An
Ordinance fxyng the compensation of members of the Gen-
eral Assembly and other officers, passed by the Constitu-
tional Convention which assembled at Alexandria, Va.,
February 13 th, 1864."
Passed, December 15th, 1864.
§ 1. Be it enacted by the General Assembly, That the
ahove mentioned Ordinance, passed by the said Convention The ordinance
on the twenty-eighth day of March, one thousand eight amended and re-
-it -i • p i i i i -i enacted.
hundred and sixty-four, be amended and re-enacted so as
to read as follows :
The compensation of the several members and officers of
the General Assembly shall be as follows, during the ex.
isting rebellion, and until otherwise provided by law^ viz .
The President of the Senate and the Speaker of the dent
House of Delegates shall each receive the sum of eight and the speaker
, .. , ° ° of the House.
dollars per day.
Of the members of the Senate and House of Delegates, compensaHoncf
six dollars to each for every day of the session ; but no offices,
member shall receive compensation for absence, unless
from sickness, or by leave of their respective Houses.
Of the Clerks of the Senate and House of Delegates for
each day of the session, eight dollars, out of which they'
shall pay their assistants.
§ 2. This act shall take effect from its passage. commencement.
CHAPTER III.
An act changing the place of voting in the County of Eliza-
belh City.
Passed, December 16th, 1864.
§ 1. Be it enacted by the General Assembly of Virginia,
That the election precinct held at the house of William Change of ,)lace
Barnes, in the county of Elizabeth City, be discontinued, V*'11* in
, p- i ni-i ft n i Elizabeth Cit r
and in lieu thereof, it shall be lawful to open a poll at the county,
house of Thomas Rowe, in said county, which shall here-
after be a regular place of voting in the county of Eliza-
beth City, in place of William Barnes, in said county.
§ 2. This act shall be in force from its passage. commencement
r ACTS OF THE UENEliAL ASSEMBLY.
(>
CHAPTER IV.
An act to amend and re-enact the lioenty-fi rst section of Chap-,
ter thirty-six of the Code of 1860.
Passed, January 12th, 1865.
.§1. Be it enacted by the General Assembly of Virginia,
21st sect :on o fThat the twenty-first section of Chapter thirty-six of the
Code of Virginia of one thousand eight hundred and sixty,
enacte.c ^ an(^ game jg hereby, amended and re-enacted, so as
to read as follows :
"§ 21, The taxes assessed under the thirty-fifth Chapter
of the Code, and collected under this Chapter, shall he
paid into the Treasury, as follows : Three-fourths of such
iiow taxes to be taxes shall be paid on or before the fifteenth day of Decern-
wsu." to theber in the year in which the same may he assessed, and the
remaining one-fourth thereof on or before the fifteenth day
of March next thereafter, save only as follows : a sheriff
or collector, the court-house of whose county or corpora-
tion is more than thirty miles from the seat of government,
shall he allowed, in addition, one day after the fifteenth
day of December and fifteenth day of March, for every
thirty miles distant therefrom. A sheriff or collector who
may not have qualified, or may not have received the hooks
of the Commissioner of the Kevenue before the first day of
August, shall he allowed five months from his qualification,
or the delivery of said hooks to such sheriff or collector, to
pay the same into the Treasury. And any sheriff or col-
lector, whose county, or any part thereof, may he infested
In case any part with the'public enemy during the year in which the taxes
fnfe8t^d"°by'"tbe due on persons and property in such infested districts are
public enemy, assessed, shall he allowed until the first day of June,
one thousand eight hundred and sixty-five, within which
to pay into the Treasury the taxes heretofore assessed, and
until the first day of June next succeeding the year in
which such taxes may he assessed/ for the payment into
the Treasury of the taxes which may he hereafter assessed."
commencement. § 2. This act shall be in force from its passage.
——o
CHAPTER Y.
An act to authorize the Treasurer of the State of Virginia to
deposit the public monies in the First National Bank of
Alexandria.
Passed, January 16th, 1865.
§1. Be it enacted by the General Assembly, That from
and after the passage of this act, all monies in the public
treasury, or which may he hereafter paid'info the same,
ACTS OF THE GENERAL ASSEMBLY.
1
shall be paid into the First National Bank of Alexandria,
to the credit of the Treasurer of Virginia, under the same <Jria made the
i I*,. ii ii» place of deposit#
conditions, and subject to the same regulations now pre- of public funds,
scribed by law, for the custody and disbursement of the
public revenue; and all acts or parts of acts coming in
conflict with the provisions of this act are hereby repealed.
§ 2. This act shall be in force from and after the passage Commencement,
thereof.
o
CHAPTER VI.
An act authorizing the Auditor to regulate the compensation
of Commissioners of the Revenue in the counties of Acco-
mac, Northampton and Alexandria.
Passed, January 17th, 1865.
§ 1 .Be it enacted by the General Assembly, That the
Auditor of Public Accounts is hereby authorized and di-
rected to allow the Commissioners of the Revenue for the Additional pay
counties of Accomac, Northampton and Alexandria such eis of Revenue,
additional compensation for the year one thousand eight
hundred and sixty-four, as will raise the salary of each of
the said Commissioners of the Revenue to an amount equal
to that paid them respectively for. the year one thousand
eight hundred and sixty-three. •
§ 2. This act shall be in force from its passage. commencement.
CHAPTER VII.
An act staying the collection of certain debts.
Passed, January 23d, 1865.
§ 1. Be it enacted by the General Assembly of Virginia,
That no writ of fieri facias, order or other process, issued
under any j'udgment or decree heretofore rendered by any
Court of this Commonwealth, or Justice of the Peace, nor
that may be hereafter rendered by any such Court or Jus-Sta^ of proeeed.
tice, shall be placed in the hands of any sheriff or other
officer to be levied, while this act shall remain in force,
nor shall there be any sales under any deed of trust here-
tofore recorded, without the consent of all the parties
thereto, nor under any decree or judgment since rendered,
or that may be hereafter rendered, except as otherwise
herein provided for, and in any case where a levy has been
made previous, to the passage of this act, the property so
levied 011 shall be returned to the owner, and the judgment
under which the levy was made shall be a lien on all the
property, both personal and real, of the debtor, and shall
have priority over all other judgments as to the personal
property of such debtor.
8
ACTS OP THE OENERAL ASSEMBLY.
§ 2. And be it further enacted, That any person may sue
for any debt, and maintain any action at law or in equity,
May proceed to and proceed to judgment therein, and any judgment, exe-
obtamjudgment Qution, order or decree now issued or rendered, or that may
hereafter be rendered, shall, in addition to the provisions
of Chapters one hundred and eighty-six and one hundred
and eighty-eight of the Code of eighteen hundred and
sixty, constitute a lien on all the estates, both personal and
• real, of the judgment debtor, from and after the docketing
of any such judgment, as is provided for in the third and
fourth sections of Chapter one hundred and eighty-six of
the Code of eighteen hundred and sixty. This provision
shall include all judgments, whether rendered by Justices
of the Peace or Courts of this Commonwealth.
§ 3. And be it further enacted, That upon all debts or
liabilities accruing before the twenty-six day of July, one
thousand eight hundred and sixty-one, the debtor, or party
liable, shall, upon the demand of the creditor, pay the
fro vision for principal and interest as follows ; The interest within thir-
the pawner^ ofty dayS after demand thereof: one-fourth of the principal
debt and interest J, .J , _ n . .... * *
by instalments within six months alter demand thereot with interest; one
on demand. 0ther fourth within twelve months after demand thereof,
with interest; and the other half within eighteen months
after demand thereof, with interest; and for the failure on
the part of the debtor to comply with any of the provisions
of this section, he may be proceeded against as if this act,
or any other act for staying the collection of debts, had
never been passed.
§ 4. And be it further enacted, That nothing in this act
shall be so construed as to take away, or in any manner
proviso «« to impair, the right of any creditor to sue out execution
forqier (lvniuud. agajust any debtor whose right to the benerits of-the
previous law, passed January twelfth, one thousand
eight hundred and sixty-four, was lost by the defendant
or debtor, by reason of his not paying the interest, as
required by that law.
§5. And be it further enacted, That in all cases where a
lien has been acquired by judgment or decree before an}
Court or Justice of the Peace of. this Commonwealth, or
by any deed of trust, the creditor may proceed against
the debtor, and enforce the collection of his debt, in-
terest and cost, in the same manner as if this act had
„ . . never been passed: Provided, however, that such creditor,
Proviso as to. . . r ,
nuing out exe-his assignee, personal representative, agent, or attorney,
fidHv"s,u&on af shall first file with the Clerk of the Court, or Justice pf the
Peace,' as the case may be, an affidavit that the affiant be-
lieves that the debtor in such case intends to remove, or
ACTS OF THE GENERAL ASSEMBLY.
9
has removed his effects out of the county where the judg-
ment or decree was rendered, or in which the same is
docketed; or if a deed of trust, out of the county where the
same is recorded, or that he is fraudulently removing or dis-
posing of the same, so that it will not be forthcoming, and
liable to the payment of the judgment, decree, or deed of
trust, as the case may be, at the expiration of this act; but
the debtor may contest the creditor's right to such proceed-d ebt or s tn«y
ings, and upon a motion by the debtor to quash the"0^^ prweeli0-
same upon the ground that he was not removing, noriD®8-
did intend so to remove his effects, or fraudulently dis-
pose of the same, as alleged by the creditor, the Court or
Justice of the Peace before whom such motion is made,
shall, in determining such controversy, be governed by the
same rules of law that they are now governed by in deter-
mining cases of attachments: Provided, however, that no
sale or barter by any person' in the ordinary transaction of
his business or calling, shall be deemed to be fraudulent, -
within the meaning of this section.
§ 6. Andbeitfurther enacted, That nothing herein con-This act not to
tained shall be construed so as to interfere with or abridge abridge'theVw
the law now in force in relation to attachments and actions lachments.t0de"
of detinue and trover, nor in relation to injuries or torts, |i7re^ro0ferar"r
nor in relation to actions of ejectment and unlawful entry kind, nor
and detainer, nor in relation to the prosecution of criminal detain
offences, and the collection of fines, taxes, licences, county ®erejjP»snal p™-
levies, and all debts due the Commonwealth, but the same other exceptions
may he proceeded in as now provided for by law; nor shall
this act apply to liabilities of sheriffs, constables, or other
public officers, either to the State, counties, corporations,
or individuals, nor to attorneys-at-law, for moneys collect-
ed, nor to debts contracted after the twenty-sixth day of
July, eighteen hundred and sixty-one, nor to debts or deeds
of trust executed after the said twenty-sixth day of July,
eighteen hundred and sixty-one ; but payment of, and sales
under the same may be enforced and proceeded in as if this
act had not been passed ; nor shall the time during which
this act is in force be computed in any case in which the
statute of limitations may come in question: Provided,
however, that the benefits of this act shall not extend to any To w 1,0 m the.
person who, since the eighth day of February, eighteen act eare not
hundred and sixty-two, has been voluntarily engaged intende<1-
levying war against the Government of the United States,
or against the reorganized State of Virginia, or who has
voluntarily adhered to or given aid and and comfort to
their enemies: and any judgment creditor may issue his
execution and proceed to thb collection of such judgment
upon making affidavit before the clerk off the courtwherein
10
ACTS OF THE GENERAL ASSEMBLY.
such judgment is recorded, or before the justice by whom
the judgment was rendered, that he verily believes such
debtor is, or has been, so engaged, which execution may be
quashed at the instance of the defendant, upon his showing
that the allegations upon which it issued, were untrue.
Commencement. § 7. This act shall be in force from the date of its passage,
and shall expire eighteen months thereafter.
CHAPTER VIII.
An act to authorize the payment to Cowing <& Gillis a sum of
money due for newspapers furnished for the use of the Gen-
eral Assembly.
Passed, January 25, 1865.
§ 1. Be it enacted by the General Assembly, That the Audi-
tor of Public Accounts, be, and he is hereby, authorized to
Pay cowing & Pa7 Cowing & Grillis the sum of two hundred and thirty-
uwiis. six dollars for newspapers furnished for the use of the Gene-
ral Assembly, up to the twenty-fifth day of January, one
thousand eight hundred and sixty-five,
commencement. § 2. This act shall be in force from its passage.
o
CHAPTER IX.
An Act to amend the Charter of Alexandria.
Passed January 27, 1805.
§ 1. Be it enacted by the General Assembly, That the
boundaries of the city of Alexandria shall -be as follows :
Boundaries. Beginning in the Potomac river at a point distant north-
wardly,. in the direction of Fairfax street, five hundred and
ninety-five feet nine inches north of the north line of
Montgomery street, produced into said river, and running
west, parallel with Montgomery street, to intersect a line
drawn north, parallel with West street, and at the dis-
tance of one hundred and twenty-three feet five inches west
thereof; then south, parallel with West street, to the north
line of Cameron street; thence west, parallel with King
street, to a point in a line with the west line of the lot
formerly the residence of Francis Peyton ; then southerly,
parallel with West street, to the south line of King street
extended ; then in a straight line to a point in the dividing
line of Fairfax and Alexandria counties, ten feet west of
Hooff's Run ; then southeast, with the said -dividing line,
into the Pctomac river ; then up said river to the begin-
ning. The laws passed by said City Council in relation to
ACTS OF THE GENERAL ASSEMBLY.
11
the police and health of saicl city, for the purposes of
drainage and the removal of nuisances from the same, and
all process issued under such laws, shall have like force
and effect as within the limits aforesaid over the territory certain laws m
lying between said limits and Poor House lane on the north,the council t«
(■ c tt fy»5 ht 1 t-» i 1 °I»erattJ outside
ten leet west oi Hooti s, or Mushpot iiun on the west, and the limit-.
Hunting Creek cn the south.
§ 2. The said city shall be divided into four wards. The city mvme.i ju-
First Ward shall comprise all that part of said city lying Description of
east of the middle of Pitt street, and south of a line drawnthe
from the Potomac river to the Western line of the city,
parallel to and equi-distant from King and Prince streets.
The Second Ward shall comprise all that part of said city
lying east of the middle of St. Asaph street, and north of
the line drawn from the river as aforesaid. The Third
Ward shall comprise all that part of said city lying west
of the middle of St. Asaph street and north of the line
drawn west from the river as aforesaid. The Fourth Ward
shall embrace all the residue of said city. When any when anytime
house or lot shall be situated partly in two wards, it shall inwards!1 5"
be considered as lying in that ward, in which the greater
part of the lot shall he. The City Council shall have council m»» ui
power, from time to time, to alter the boundaries of the er
wards and to increase their number, designating every addi-
tional ward in numerical order ; but no such alteration
shall take effect until after the next regular election for
members of the City Council, unless the law for making
the same shall be passed six months preceding such elec-
tion. All the taxes, fines, forfeitures, rents, revenues,
and other resources of the City Corporation shall constitute
a general fund, to be appropriated as the City Council may
lawfully direct. But it shall he lawful for said City Coun-
cil to create special fund out of the same from time to time,
and to abolish the same at discretion.
§ 3. The jurisdiction of the City Cbuncil of Alexandria J urisdictlou.
shall extend over the limits aforesaid, and over the harbor
of Alexandria, and over vessels of every description which
may he in said harbor, or be at anchor in any part of the
river Potomac below Pearson's Island, and above the south
side of Hunting Creek ; and it shall extend, also, over the
house in the vicinity of the city for the accommodation of
the poor and others, and over the grounds thereto belong-
ing, and over persons who may he sent or placed there by
the consent or authority of the said Council, and on their
way to and from the same, until they be regularly dis-
charged.
§ 4. Every white male citizen of this State who shall Qualification ot
possess the qualifications and requirements of a voter for a voterf"
12
ACTS OF THE GENERAL ASSEMBLY.
member of the General Assembly, and who shall moreover
have resided in the said city one year, and in the ward in
which he offers to vote one month, next preceding the elec-
tion, and none others, shall be qualified to vote lor mem-
bers to serve in the City Council of said city. Every per-
Vote by baiiot. son so qualified shall vcte by ballot, and in the ward of
which he is a resident, and not elsewhere. Provided, al-
ways, that no person shall be allowed to vote as aforesaid,
who, if required so to do by any qualified voter, shall,
to take an oath when offering to vote, refuse to take the oath or afiirraa-
jf required. reqUireq by the fourth section of an ordinance passed
June the nineteenth, one thousand eight hundred and
sixty-one, entitled *' An ordinance for the re-organ-
ization of the State Governmentwhich oath or affirma-
who may ad- tion may be administered by any commissioner superin-
minister oath. tending the election, or by the Mayor or a Justice of the
Peace of Alexandria county ; and provided, also, that no
person shall be allowed to vote as aforesaid, unless he shall
tlxe/is° as t0 ^ave been regularly assessed or charged on the books of
the corporation with a tax for the preceding year, and
shall have paid such tax. If any person shall be omitted
from the books who should have been so assessed or charg-
ed, he shall, upon satisfactory proof to the Mayor that he
should have been so assessed or charged, and giving, under
oath or affirmation, a full and true account of the taxes
with which he was chargeable, and paying the same to the
Mayor, be admitted to vote, if in all other respects entitled
thereto : Provided, that such proof and payment shall
have been made at least thirty days before the election at
which he offers to vote.
How members of § 5. The said voters shall attend at some convenient
the counoi1 eiec-place in the wards in which they respectively reside, and
elect, at the first election held under this act, four persons,
and annually thereafter two persons, to be members of the
City Council for such ward, out of the qualified voters of
the ward who shall have resided therein for three months
First election, next preceding tbe election. The said election shall be
first held on the first Tuesday in March next after the pas-
sage of this act, and on the same day in every year there-
after, by three commissioners, to be appointed in each
ward, for that purpose, by the City Council, at least ten
days before the day of election. Upon the.first assembling
of the members of the City Council, who shall be elected
on the first Tuesday in March next, after the passage of
.Members ofthis act, they shall be divided into two equal classes, two
mtonciassesV.lded°f ea°h class from each ward, to be numbered by lot.. The
Term of service term of service of the members of the first class shall ex-
of the classes. ^re ^ en(j one year afl.er their election, and the term •
ACTS OF THE GENERAL ASSEMBLY.
13
of the other class at the end of two years after their elec-
tion, and this alternation shall he continued, so that one-
half of the members of said Council, from each ward,
shall he chosen every year. The Mayor shall appoint com- Mayor to ah va-
• • <» i , • . />ii ■ .1 CHiioies of Com-
missioners or election to nil vacancies among those ap-missioned,
pointed by the City Council, caused by death, refusal to
serve, absence from the city, or any other disability.
§ 6. The members of the City Council, elected as afore-
said, or any twelve of them, shall, within seven days after
their election in each year, assemble themselves at the
present Council Chamber, or any other place which shall
be hereafter fixed for their meeting, and shall choose one
of their own body to be President of the City Council, to Election of pre*-
whom shall be administered, by the Mayor, or any Justice Acation, powers,
of the Peace of Alexandria county, an oath or affirmation &c-
for the faithful discharge of the duties of his office;
whereupon he shall administer the like oath or affirmation
to the other members of the Council. He shall have while
the Council is in session, the same power which is now ex-
ercised by the President of the Common Council upon like
occasions. He shall convene the Council whenever, in the
opinion of four of the members, addressed to him in writ-
iug, or whenever, in his opinion, the good of the city may
require it.
§ 7. The said City Council and their successors shall be
a corporation by the name of ''The City Council of Alex-Nam a of the
andria and by the said name shall have perpetual sue-corP°ratlon-
cession, with capacity to purchase, take, possess, and enjoy capacity,
lands and tenements, goods and chattels, in fee or lesser
estate therein, and the same to give, grant, let, sell, as-
sign or transfer, and to have a common seal. All the
estate, rights and credits now vested in the present City
Council of Alexandria, shall be vested in the City Council Powers of pres.
aforesaid, when elected, and may be recovered in their confer^dC0upon
name; and all claims and demands against the presentDew Council-
City Council of Alexandria may be prosecuted against the
aforesaid City Council. Process served upon the Mayor or Process,how
the President of the City Council shall be deemed sufficient.serve '
The concurrence of a majority of the whole number of Majority of
members of the said Council shall be necessary for the final n ecess^V^to
passage of any law, order, or resolution, for repealing, al-Pass act-
tering or revoking the same, or for the election of any
officer or agent of the city. Upon the passage of every
law or order of the City Council involving an expenditure
of one hundred dollars or more, the votes of the members votes 0f mem-
thereupon shall be recorded upon the minutes and pub- cases \o bepllh'
lished, otherwise such law or order shall be of no force orlislh(?d-
effect to authorize any expenditure under the same.
H
ACTS OP THE GENERAL ASSEMBLY.
§ 8. The said City Council shall have power to erect
rower, of the ork-houses, houses of refuge and correction, and other
comma.0 .* buildings, for the use and benefit of the city ; to make all
laws which they shall deem requisite for the preservation
of the health of the inhabitants and for the regulation of
the morals and police of said city ; to enforce the observ-
ance of their laws by reasonable penalties and forfeitures,
to be levied upon the property of the offender, and when
sufficient of such property cannot be found, by confine-
ment to labor for a period not exceeding three months ;
to raise money for the use and benefit of said city, by taxes
upon such property, persons and subjects, (including
incomes and licenses to carry on any business, profession
or calling,) and may assess, levy, and collect them in such
manner and from as they may deem expedient. They
shall have power, whenever they may deem proper, to pave,
make and repair streets and highways, and to open, extend,
regulate, grade, pave and improve streets within the city
limits ; and to direct the paving, grading and regulation
of private alleys ; provided they make the person or per-
sons who may be injured by any such opening or extension
just and adequate compensation out of the funds of the city.
They shall have power to hold and keep, within the city,
markets and market days, and to prescribe rules and regu-
lations for the government of the market or markets ; and
to provide for the establishment, maintainance, regulation
and. superintendence of public schools ; and for the regis •
tering of births, marriages and deaths. They shall have
power to preserve the navigation of,the Potomac River
within their jurisdiction ; to erect, repair and regulate pub-
lie wharfs and docks ; to establish and regulate fish wharves
and markets ; to deepen any docks or basins, or cause or
compel the same to be done ; and to limit and regulate
the extension and building of private wharves and struc-
tures in the said river within their jurisdiction; to drain and
fill up low grounds, or cause and compel it to be done ; to
restrain and prohibit the keeping of tippling houses, and
all kinds of gaming; to provide for the licensing, taxing and
regulation of auctions, theatrical and other public shows
and amusements ; and may require auctioneers to give
bond, with surety, in reasonable rpenalties, conditioned for
the faithful discharge of their duty towards persons employ-
ing them ; to license and tax the owners or keepers of
wagons, carts, drays and other wheel carriages, kept or
employed in the city for hire or private use, and subject the
same to such regulations as they may deem proper ; to tax
specially any lot, of ground adjoining a street on which
paving is done, (whether of the side-walk or carriage-
ACTS OF THE GENERAL ASSEMBLY.
13
-way,) or curb-stones laid, not exceeding two-thirds of the
expenses of the paving or curb-stone cn that half of the
street opposite such lot, and any adjoining alley. They
shall have power to regulate party and other walls and
fences, and to direct how and by whom party walls and
fences shall be kept in repair ; to prescribe in what part or
parts of the city, buildings of wood shall be erected ; to
encourage the building of fire-proof houses by favorable
discriminations in the taxes thereon ; and to regulate the
sizes of bricks to be used in buildings in the city. They
shall have power to restrain and prohibit disorderly meet-
ings ; to provide for the support, control and management
of the poor of the city, and to cause and provide for the
removal of all such paupers, vagrants and other persons
as may not be legally entitled to residence within the said
city ; and to punish by fine or penalty any minor or ap-
prentice for violating any law of the City Council ; and
unless such fine or penalty, with the costs of prosecutions,
be paid by the parent, guardian or master of such minor
or apprentice, by confinement to labor for a limited time,
not exceeding three months for any one offence. They
shall have power to regulate, by law. the weight of bread
to be sold within the city ; the inspection of domestic spir-
its, tobacco, beef, pork, fish, butter, lard, guano, hay, fod-
der, straw and lumber; and to regulate, by law, the measur-
ing and weighing of such articles, and of wood, bark,
grain, coal, liquors in casks, and other articles ofmerchan-
dise, respectively. They shall have the exclusive power of
appointing overseers.of the poor of the city ; one or more
harbor and ballast masters, port-wardens, a collector or col-
lectors of taxes and other dues to the city; assessors of tax-
es ; an auditor of accounts ; a superintendent of gas works,
and all such officers and agents as they may deem neces-
sary or expedient, and whose election is not herein other-
wise provided for ; and to fix the compensation and pre-
scribe the powers and duties of all officers and agents of the
Corporation ; to require any officer or agent, before enter-
ing upon the duties of his office or appointment, to take an
oath, and to give bond and surety, in a penalty to be fixed
by them, with condition for the faithful discharge of such
duties, and for good cause, to remove any such officer or
agent; to pass such laws as they may deem expedient for
the prevention and removal of nuisances, and all laws
which may be necessary and proper for carrying into exe-
tion the powers granted-by this or any other act. Nothing
in this act contained shall be construed to impair, abridge,
or take from the said City Council any right or power con-
l'erred upon it by the fifty-fourth, fifty-fifth or fifty-sixth
If)
ACTS OF THE GENERAL ASSEMBLY.
chapter ol the Code of eighteen hundred and sixty, or by
any other law, wherever such right or power may be con-
sistent with this act.
Mayor,how eiea- §9. The Mayor of Alexandria shall be annually elected
ho1itffiLIonsk° ^ qualified voters, at the times and places, and in the
manner that the members of the City Council are elected.
He shall hold his office for one year from tho time of his
election ; and until a successor shall be chosen and qualifi-
ed in his stead ; at the expiration of which period, he may
be re-elected for two years thereafter in succession, and no
oftener until he shall havebeen out of office for one year. He
shall, before entering upon the duties of his office, take an
oath to bo taken oath or affirmation, in the presence of the City Council,
by Mayor. faithfully to execute his office, a minute whereof shall be
entered in its proceedings. He shall perform all duties
lawfully imposed upon him by the City Council, and shall
see that the laws of the corporation are duly executed ; and
he shall report the negligence or misconduct of any officer
His power to to the City Council. He shall have power to convene the
convtme council Qouncii whenever, in his opinion, the good of the com-
munity may require it, and he shall lay before the City
other duties. Council, from time to time, in writing, such alterations in
the laws of the corporation as he shall deem expedient.
17 i s compensa- He shall receive for his services a just and reasonable com-
t'oii. pensation, to be allowed and fixed by the City Council,
which shall not be increased or diminished during the pe-
riod of which he shall have been elected.
power of coun- §19. The City Council shall have power to supply
cino suppiy va-vaCanCies in its own body, by causing elections to be made,
fancies and to * o j
elect President in pursuance of. this act, out of the citizens qualified to fill
pre. tem. 0gjce f.jie Ward in which the vacancy shall have hap-
pened ; and they may, in the absence of the President, elect
a President pro tempore. In case of the tempoary inability
or absence of the Mayor, the President of the City Council
when president shall perform all the duties of the Mayor that may be re-
»UiayoriU° ^ ffu^re(l performed during such inability or absence;
and in case of a vacancy in the office of Mayor, and in case
of the refusal of any person elected as Mayor to serve, he
shall perform the duties thereof until the office be filled by
the City Council for the official term, or remainder thereof,
as the case may be, which they are hereby empowered to
do ; and they shall also have power to fill vacancies in all
other offices of the corporation. The City Council shall
power of coun-have power to remove the Mayor for malconduct in office,
Ailyor1 *m °T' no^ less f^an two-thirds of all the members elected voting
therefor ; provided, that at least ten days before taking any
vote for such removal, he shall have been served with a copy
ACTS OF THE GENERAL ASSEMBLY.
17
of the charges against him, and informed of the day when ^thb90oerve„1f
the Council will be ready to hear his defense or answer. Charges,°lcy
§11. The Acts of the City Council shall be signed
by the President thereof, and shall be presented to the Acts of council
Mayor for his approval and signature, who, if he object Pre8idliined by
thereto, shall, within three days, after it shall be so presen-
ted, return it to the City Council with his objections in
writing ; and, if a majority of the whole number of the
members of the Council shall be of opinion that the law
ought to be passed, it shall become a law, notwithstanding Approval of
■such objections, and shall be signed by him ; and, if he '
shall not so return it within three days, it shall become a
law, and shall be signed by him.
§12. The proceedings of the City Council shall be re- Raoords to bn
corded by the Clerk thereof in a book to be kept by him for kep'by Clerk-
that purpose ; and he shall cause them to be published for
the information of the people. He shall also record in a
book to be kept by him for the purpose, the laws of the cor-
poration, and cause them to be published as aforesaid. He
shall perform such other duties as the Council may direct.
§ 13. The City Council shall have power to remove their Power to remove
President for good cause, and to appoint, and for good
cause remove their Clerk and Messenger.
§14. Ho person, other than a qualified voter, shall be What p«rB<>M
eligible to any office of the corporation, and no person who office.* lgl
shall fail or refuse to take the oath or affirmation men-
tioned in the fourth section hereof shall be capable of hold-
ing any sufch office; but such failure, within ten days, or
refusal, shall be deemed and taken to have vacated the
office ; and no person shall hold more than one office at the
same time, excepting that the Attorney may be a member
of the City Council, and the Auditor may be the Clerk
thereof, and members of the Council may be eligible to
offices or employments to which no salary or other emolu-
ment is attached.
§ 15. The commissioners to superintend the elections in
each ward shall, before they shall receive any vote, take,
severally, an oath or affirmation, to be administered by the oatb tube t«kPn
Mayor, or any Justice of the Peace for Alexandria county,o0fuy/^uon.rl"
truly and faithfully to receive and return the votes of such
persons as are entitled to vote for members of the City
Council and Mayor, in their respective wards, and not'
knowingly to receive or return the vote of any person who is
not legally entitled to the same. Every election shall be Time <.f closing
closed on the day upon which it is begun, and the polls elt!Ctl0'iS-
shall be kept open until sunset and no longer. The com-
missioners in each ward, or the majority of them, shall
keep a list of all persons whose votes they shall receive ; Ligt of TOterg<
18
ACTS OF TIIE GENERAL ASSEMBLY.
and on the next day after the election, shall make a true
count of all the votes lawfully received thereat: and the
four persons having, at the first election under this act the
greatest number of votes for members of the City Council,
and thereafter the two persons having the greatest number
of votes therefor, shall be duly elected ; and in all cases of
ease an equal-an equality of votes preventing an election, the commission-
ny of votes. erg shall decide which of the persons receiving such equal
number of votes shall be elected: and they shall, within
the two days next after the day of every election, make a
Return of per-return,.under their hands of the person or persons elected,
sons elected. jy[ay0rj an(j ghall deliver a duplicate thereof to the
Clerk of the City Council, who shall preserve and record
' the same in the book of proceedings of the Council. The
city council to City Council shall judge of the legality of the election of
g'a'nty o/theeiec-aa y person who shall be returned as a member thereof,
bers°f iis mfcm"and tliey- shall have power to pass laws and orders to enable
them to come to a just decision upon contested or disputed
Mav compel at- elections, and to compel the attendance of witnesses therein.
nessesnceof wit They shall.have power to compel the attendance of their
own members at their meetings by reasonable fines tor non-
attendance, and to make rules and regulations for the or-
derly and regular conduct of their business ; and they may
May runish.and punish any member or by-stander at their meetings for
two-thini^expei disorderly behavior, by - fine not exceeding fifty dollars, or
a member. hy imprisonment not exceeding thirty days ; and with con-
sent of three-fourths of the whole number of members
may expel a member.
§ 1G. The commissioners aforesaid in each Ward, or the
Return of v.otes majority of them, shall make return, under their hands,
for Mayor. ^ votes given in their respective wards for Mayor, to
the City Council, at their first meeting after the election;
and the said City Council shall count the votes so returned,
and declare the person who shall have received the highest
aggregate number of votes for the office to be duly elected,
and cause him to be notified thereof. In case two or more
voteCfo? Mayor6 Persons skaU have received an equal and the highest ag-
council to elect.'gregate number of votes for Mayor, the City Council shall
make the election from among them, and notify the party
elected thereof. The City Council shall have power to de-
Council to decide cide all contested or disputed elections for Mayor in like
tions'fo'rMayor!manner as in cases of disputed or contested elections of
members of their own body.
§ 17. Should the Commissioners in any ward not be able
to complete their duties on the day after the election, they
Commissionerashall adjourn until the next day, when the same shall be
Hinex'tJdaynun completed. All poll-books, with the tickets handed in by
Mckets°toSbe re^ voters at elections tinder this act, shall be returned by the
ACTS OJT TUB ©RNERAL ASSEMBLY. 19
Commissioners, at the time of making the election returns, *U<Tty ^ou«oiik
to the Clerk of the City Council, who shall take care of the
same.
§ 18. Whenever taxes, assessments, or charges upon real
property shall remain unpaid to the City Council, whether •
due before or after the passage of this act, the City ^ounc^^,"enrcilt®^
shall be empowered to recover the amount so unpaid by motion nie cir-
motion in the Circuit or County Court of Alexandria coun- court0' Couuty
ty. If it shall appear to the satisfaction of the court that
the taxes, assessments, or charges are justly due, judg-be^e^d™***
ment shall be granted therefor, with interest and- costs ; SuTf
and execution shall issue thereupon against the goods ands»m«-
chattels of the defendant or defendants ; and if sufficient
goods and chattels to satisfy the amount cannot be found
in the city or county of Alexandria, the whole property
upoD which' the tax or charge is assessed or charged, shall,
by order of the court, be leased out at public auction for The property
the shortest term that may be offered, the party so becom-i#a*ed.m 7
ing lessee, before entering on possession, to pay the amount
of the execution, with any additional costs, and the ex-*
penses of advertising and auctioneers' charges, and to be
bound for all fur+her taxes and charges assessed or accru-
ing up to the end of his term upon the property so leased
to him, and to have the right of removing his improve-
ments at the end of his term. In cases where taxes, as-
sessments or charges shall be owing by the same party
upon more than one parcel of real property within the
city, the court may order any one or more of such parcels 0ne ®f mw»i
•// v ^ v t t x parcels of r^al
to be leased as aforesaid for the satisfaction of the whole property upon
amount so owing, with the interest, costs and expenses as Tr^unpaiVma"
aforesaid. Notice of every such motion shall be given,
either by personal service in writing, or by advertisement How notico of
^ x -iT-i-i- « , • ^ •, such motion t»
in some newspaper published in said city namely, not less t>» SiTen.
than one month where the parties resides within the County
of Alexandria, not less than two 'months where the parties
reside out of the county of Alexandria, and within the
United States; and not less than three months where the
parties reside out of the United States.
§ 19. Tenements or lots of ground within said city, on when real pro-
which taxes, assessments or charges remain unpaid to the^7df0™taXye»b*
City Council of Alexandria, for the space of one year or
more from and. after the first day of July of the year in
which they were assessed or became payable, or shall here-
after so remain unpaid, may be sold at public auction for
the payment thereof, with the expenses attending the sale.
Provided, that public notice of the time and place of sale
be given by advertisement in some newspaper published in erorisoas to no-
said city, for at least three months where the property istiGtt'
20
ACTS OF THE GENERAL ASSEMBLY.
assessed to persons residing out of the United States, two
months where assessed to persons residing within the United
States, hut beyond the county of Alexandria, and one
month where assessed to persons residing within said county;
what ahaii.bein which notice shall he stated the street or streets, if any,
stated m the no- on W}1 ]je • streets or other boundaries of the
square, fractional square, or block in which they lie the
names of the persons to whom they were last assessed on
the assessors' hooks, and the amount of taxes, assessments
w hat purchaseror charges due upon each lot. The purchasers at such sales
to w at the sale g]iaqi not be obliged to pay, at the time of sale, more than
the amount of taxes, assessments or charges, and expenses
of sale upon the lots purchased by them respectively. If,
iiow the propric- within two years from the day of sale, the proprietor or pro-
«ut"tiay 1>e iein" Priet°rs °f any lot so sold, his or their heirs, representatives or
agent, shall pay to the purchaser or to the Mayor, the amount
so paid by such purchaser, with ten per cent, per annum, as
interest thereon, or make a tender thereof, he, she, or they,
shall be reinstated in their original title ; hut if such pay-
-ment or tender he not made within two years next after
when purchaser such sale, then the purchaser shall pay the residue, if any,
du9UtoP!council" purchase money to the City Council, by whom it
tp be held by shall he held subiect to the order of the proprietor or pro-
Council subject ., i • n • -i • / .• •
to order of pro- prietors, or his or their heirs, representatives or assigns ;
Cto mseue and the purchaser or purchasers, on payment of such resi-
ntie, &c. ghaii receive a title to the lot or lots in fee-simple from
the Mayor, under his hand and the seal of the corporation,
which shall he deemed good and valid in law and equity ;
and such title shall not be in any manner called in question
for informality or error in or about thej sale as aforesaid, or
any proceeding connected therewith, or prior thereto, after
five years from the date of such deed, or for any reason or
cause whatsoever other than that the taxes, assessments or
charges for non-payment whereof the property was sold had
been actually and fully paid before the day of sale as afore-
said. Provided, always, that any infant, married woman,
insane person, or persons imprisoned, whose property may
under^ave ^)eei1 s(> sold, may redeem the same within two years
i^ai disabilities after the removal of the disability, by paying to the pur-
chaser, his heirs or assigns, or to the Mayor, the amount
paid by such purchaser as aforesaid, with the necessary
charges incurred by the purchaser, his heirs or assigns, in
obtaining the title under the sale, and such additional taxes
and charges on the property as may have been paid by him
or them with interest at the rate of ten per cent, per annum
from the times the same may have been paid, together with
an allowance for the improvements made by the purchaser,
his heirs or assigns, to be ascertained and fixed by three dis-
ACTS OF THE GENERAL ASSEMBLY.
interested parties (who shall first he duly sworn to value
the same fairly and impartially.) one of whom shall he
chosen hy the party so applying to redeem, another hy the
purchaser, his heirs or assigns, and the third by the two so
chosen. Upon such payment the purchaser, his heirs or
assigns, shall, at the cost of the original owner, his heirs
or assigns, convey to him or them, by deed with special
warranty, the property so redeemed. When real property
is offered as aforesaid for sale, and no person present bids
the amount to he satisfied from the sale thereof, the person
making the sale may purchase the same for the said City Property may be
Council for such amount, whereupon the same shall, with- City Council.
out deed, stand and remain vested in the said City Council
in fee-simple, subject to redemption as aforesaid ; but
of all property so purchased for the City Council made and ehaseil «haU be
signed by the Clerk thereof, shall, within sixty days from r8C0ld"a,&'"
the day of sale be left to be recorded among the land records
of Alexandria county, and the redemption thereof shall be
noted by the Clerk opposite the respective lots, upon the
certificate of the Mayor, at the request of the party redeem-
ing; and he shall be entitled to a fee of ten cents for each
lot for so recording such list, to be paid by the City Council,
and a fee of five cents for noting each redemption, to be
paid by the party requesting it. All the right and title of
the said City Council to the lots so purchased for them shall
be sold by public Miction within six years from the re-such property
spective days of purchase thereof, upon such terms as the 8°* yearlw,thl"
City Council shall direct; but the same may be bid in for May be wa in i>.,
the City Council^ in all cases where no bid shall be received ltyConnc,1>
to an amount equal to the sum for which the lot was pur-
chased by the City Council as aforesaid, with interest and
all subsequent charges and taxes to the day of such sale.
§ 20. No license to commence, carry on, or practice, with-xo license to w
in the city of Alexandria, any business, calling, or profes- business in'cuy
sion, for which a license is or shall be required by the laws 0 0
of this State, shall be graiited until the party applying
therefor shall have paid the tax assessed or levied upon
such license by the City Council of Alexandria. The City rouncil mav au
Council may authorize such taxes, or any other taxes 'or "'0/ize
i — , _ _ _ i n ii i of County to col-
charges assessed or levied by them, to be collected by theioct taxes.
Sheriff of Alexandria county, or by their own collector or
collectors ; and they may require of said sheriff bond in a And may lcynii-**
penalty and with surety to their satisfaction, conditioned bond'&c
for his faithfully accounting for and paying over to them
all such taxes received-by him, in such manner and such
times as they may, from time to time, direct. He shall be
entitled to a commission thereon, to be fixed by tfio City
22
ACTS OF THE GENERAL ASSEMBLY.
Council, not exceeding the commission allowed him upon
like taxes collected for and paid to the State.
May appoint Po- § 21. The said City Council may appoint, from time to
ijce Justices, time, one or more Police Justices of the city. They shall
have, within said city, all the power of a justice of the
peace, and shall have jurisdiction exclusive of justice of
the peace of all cases arising under the laws of the corpora-
tion. Every such person, before acting as Police Justice,
Police Justice to shall give bond as the City Council shall direct, conditioned
give bend. por faithfully accounting for and paying over, as they may
require, all monies coming to his hands for fines, penalties
or forfeitures under their laws, and shall, also take an oath
or affirmation faithfully to discharge the duties of his office.
He shall receive such compensation as the City Council
may allow, and no other. The City Council may at any
Mayberemored. time remove or supersede any such Police Justice,
councilshaiinot § 22. The City Council of Alexandria shall not create or
ereat# new deV>fc* auth.oi*ize any new or additional debt, or any guaranty or
undertaking for others, or make or issue any token, note or
due-hill, intended for circulation; whereby the city, its funds
or property, shall he directly or indirectly, liable or hound,
in law or equity ; provided that the said City Council may
Except in antici-borrow money in anticipation of the taxes of any one year,
faxe°snof0thecurefor a period not exceeding five years; and provided that the
rent year. whole amount so borrowed shall not at any time exceed in
all twenty thousand dollars.
No former acts of § 23. Nothing herein contained shall he construed to im-
repugTantTopair or destroy any right or remedy which the City Council
datedby itnvali °^' Alexandria now possess or enjoy to or ooncerning taxes,
charges, assessments, debts, claims or demands against any
person or persons or company, or for any property, matter
or thing whatsoever, or to repeal any law or order of said
City Council now in force, which shall not be repugnant to
this Act; but all such rights and powers shall upon the
taking effect of this act, be and remain vested in the City
Council of Alexandria hereby created.
Repealing clause § 24. All acts and parts of Acts coming within the pur-
view of this Act shall be and are hereby repealed.
o
CHAPTER X.
An Act to amend and re-enact the fifteenth Section of Chap-
ter one hundred and ninety-tioo of the Code.
Passed February 1, 18G5.
§ 1. Be it enacted by the General Assembly of Virginia,
15th section of That section fifteen of Chapter one hundred and ninety-two
the Code amend- of th^ Code, of one thousand eight hundred and sixty, be
ed and re-enact-an(j ^he game jg hereby amended and re-enacted, so as to
read as follows:
ACTS OF THE GENERAL ASSEMBLY.
28
" § 15. If any free person steal any bank note, check, or Bank notes and
* /• i i * ,i papers made sub-
other writing or paper ot value, whether the same repre-jects of larceny.
sents money and passes as currency or otherwise, or any '
book of accounts for or concerning money or goods due, or
to be delivered, he shall be deemed guilty of larceny there-
of, and receive the same punishment, according'to the value
of the thing stolen, prescribed for the punishment of the
larceny of goods and chattels : The provisions of this sec-
tion shall be construed to embrace all bank notes, and
papers of value, representing money, and passing as cur-
rency, whether the same be the issue of this State or of any
other State or of the United States, or of any corporation ;
and shall include all other papers of value of whatever
description.
§ 2. This Act shall be in force from its passage.
o
CHAPTER XI.
An Act to authorize Express, Railroad and other Transpor-
tation Companies to sell unclaimed freight.
Passed February 2, 1865.
§1. Be it enacted by the General Assembly of Virginia,
That any Express or Railroad Company or persons engaged Transportat sjo n
in the Express business, or in any way in the transporta- uT.-fai maJ\
tion of goods or articles of any kind, from one part of the at auc"
country to another as freight or as baggage, and having an
office, or place of business in this State, who shall have had
any unclaimed articles, goods or things, not perishable, in
its, his, or their possession for a period of six months,
at least, may at the expiration of that time proceed to sell
the same at public auction ; and out of the proceeds, may May retain th^r
retain the charges of transportation and storage of such ta^oceeiis!0 f
articles, goods or things, and the expense of advertising
and sale thereof, which expense and charges shall be a lien
upon such articles. Provided, that said Company, person
or persons shall first give public notice of such sale, in one Must give public
or more newspapers once a week for four successive weeks,notlce'
published at the place, nearest the said place of sale, which
notice shall set forth the time and place of sale, the charac-
ter of each unclaimed package distinctly, and the name of
the person or persons to whom it is directed if known.
§ 2, And be it further enacted, That such Company or
persons engaged in the Express or transportation business,
shall make an entry of the balance of the proceeds of sale shaii mate an
of each article, goods or things, directed to the same per-*||jeyofproeeed^
son or persons, as near as- can be ascertained, and at any
time within three years thereafter, shall refund any sur-
24
ACTS OF THE GENERAL ASSEMBLY..
And refund sur- plus so retained to the owner of such articles, goods or
Pius to.owner, things, or t0 their personal representatives upon satisfactory
• proof of such ownership ; and shall if no claim is made for
such retained balances, accompanied by satisfactory proof
Shall p'ay the within three years, pay the same into the Treasury of the
Treasury'of the State, with 'a correct list of all and every article sold by
oftataeraciesa&ctsa^ Company with the name or names of the person or
after three'years'persons to which, said packages originally belonged. The
Treasurer to re- Treasurer shall receipt to said companies or agents for the
ceipt for same. gamej anq ghall keep a correct list thereof, and the sum or
sums so paid in shall be applied to the support of Publio
Schools.
provisions of § 3. The provisions of this Act, and the privileges and
tend wi'y'to in- powers herein granted, shall not-extend to any Company,
eorporated com- not incorporated by the Legislature of this State, the Con-
v»nie». gress of the United States, or the Legislature of one of the
States of the United States,
commencement. § 4. This act shall be in force from its passage.
o
CHAPTER XII.
An Act to provide for the qualification of notaries public in
certain counties of this Commonwealth.
Passed February 3, 1865.
§ 1. Be it enacted by the General Assembly of Virginia,
Notaries public That in any case which a notary public, duly appointed by
mayequaHfy and the Governor of this Commonwealth, for any county or cor-
give bond before poration of this State, shall be unable to comply with the
judge, cierk ofprovisons of the first section of chapter one hundred and
justice or Not£ twenty of the Code of Yirginia, of one thousand eight
stateUbli° °f 'his hundred and sixty, by reason of the occupation of such
county or corporation, in whole or in part, by the armed
forces of the enemies of this State and the United States,
the boud required by the said section may be taken, and a
copy thereof transmitted to the Auditor of Public Accounts,
by any Judge of a Circuit Court, or Clerk of a County
Court, or Justice of the Peace, or Notary Public of this
State, and any person so appointed, after having executed
his bond, as hereintofore provided, may take the oaths pre-
scribed by law, before any person duly qualified to admjnis-
ter oaths in this State, and shall thereupon be invested
with all the powers, and subject to the same penalties and
restrictions not removed by this Act, now conferred or im-
posed by law on Notaries Public in this State.
§ 2. This Act shall be in force from its passage.
acts of tiie general assembly.
25
CHAPTER XIII.
An act for the relief of William Bushby.
Passed, February 6, 1855.
Whereas, It is represented to the General Assembly of preamble.
Virginia that in consequence of the increased price of all
kinds of previsions—William Busliby, Jailor of Alex-
andria County; and as such has had to provide food
for the civil prisoners therein confined, from the first
day of April, one thousand eight hundred and sixty-three,
to the first day of January, one thousand eight hundred
and sixty-five, has expended for the support of said priso-
ners much greater sums of money than is allowed him hy
law. Therefore,
§ 1. Be it enacted by the General Assemblg, That the
Auditor of Public Accounts he directed to pay William Auditor directed
Bushby, Jailor of Alexandria County, the sum of fifteen Bushby, jailor,
•cents per day additional for each and every person im-sum^oAVephfi
prisoned during the period of his imprisonment, that being prisoners-
the amount which he has expended, ahove the amount by
law allowed him—in providing food for tbe prisoners who
have been confined in said jail between the first day of
April, one thousand eight hundred and sixty-three, and
the first day of January, one thousand eight hundred and
sixty-five.
§ 2. This Act shall be in force from its passage.
o
CHAPTER XIV,
An act to extend the time for the collection of the taxes for the
years one thousand eight hundred and sixty-one and one
thousand eight hundred and sixty-tivo.
Passed, February 6, 1865.
§ 1. Be it enated by. the General Assembly of Virginia,
That the several sheriffs and collectors of this Common- sheriffs and coi-
wealth he allowed until the first day of July, one thous- further time In
and eight hundred and sixty-five, to enforce the collection whlch t0 collect-
of taxes due the State of Virginia, for the years one thous-
and eight hundred and sixty-one and one thousand eight
hundred and sixty-two.
§2. And be itfurther enacted, That the said sheriffs or
collectors shall make out a list of delinquents, which list To make out n«t
shall be posted on the front door of the Court-house of their A.delm<iueuts'
respective counties, and shall he presented to and examined
hy the court of the county, and corrected if erroneous,
bopies whereof shall be certified to the Auditor of Public
26
acts of the general assembly.
Accounts, directed to that officer by the clerk of the court,
What c-edit* An- and the Auditor shall credit the said sheriff with the
sheriffs.0 1211,k9 amount of taxes mentioned in said list.
§ 3. If any officer shall return in any such list, real
estate, persons or property as delinquents for the non-pay-
ment of taxes, when such taxes or any part thereof shall
ivna ty f„r rose actually have been received by him, he shall forfeit, if the
return was by design, ten times the amount of the taxes
so actually received, and if the return was by mistake,
twice the amount, one-half of such forfeiture shall in each
case he to the Commonwealth, and the other half to the
informer. And any such officer who shall return in such
list, any real estate, persons or property as delinquent,
wheu he had either found or by using due diligence might
have found such property within his bailiwick liable to
distress for the taxes for which such real estate, persons or
property, are returned delinquent, shall forfeit to the Com-
monwealth a sum equal to five times the amount of said
taxes.
§ 4. And be it further enacted, That in any case where,
since the first day of January, one thousand eight hundred
Further ex'en- and sixty-three, the sheriff or collector of any county or
obstruction1,se&cfcorporation has been or may he obstructed either by the
military authority or by the operations of the public enemy
in the collection of taxes, the Auditor of Public Accounts
shall extend the time for the collection of said taxes to a
period not exceeding the time such officer was so obstructed,
commencement. § 5. This Act shall be in force from and after its pas-
sage.
•o-
CHAPTER XV.
An Act to incorporate Tanners' Greek Draw Bridge Com-
pany, and for other purposes.
Passed February 7, 1865.
Preamble. Whereas, Indian Poll Draw Bridge over Tanners'
Creek,, in the county of Norfolk, was destroyed by the
public enemy on the tenth day of May, one thousand eight
hundred and sixty-two, and the company incorporated un-
der the act of the General Assembly of Virginia to incor-
porate the Indian Poll Draw Bridge Company, have failed
to rebuild or repair the said bridge, and the failure so to
do has caused and is causing serious loss and inconvenience
to the citizens of the said county, as well as to the people
of the city of Norfolk ; therefore,
ACTS OF THE GENERAL ASSEMBLY.
27
§ 1. Be it enacted by the General Assembly, That it shall
he lawful to open hooks of subscription to an amount not Amount of stock
exceeding six thousand dollars in shares of one hundred c'
dollars each, for constructing a bridge with a suitable
draw across Tanners' Creek, in the county of Norfolk,
from the lands of William H. Talbot on the north, to the
lands of Michael Hendren on the south, or from and to such
other point or points in the vicinity of such lands as may
be deemed suitable. The said books shall be opened in the Where books tft
city of Norfolk, or at such other place as may be designa-be°Puned-
ted by any three of the Commissioners hereinafter named,
under the superintendence of William T. Harrison, E. K.
Sneadj William R. Jones, L. W. Webb, John T. Pum-
phrey, William H. Talbot, James H. Powell, A L. Hill
and A. J. Denby, or any three of them, who are authori-
zed to appoint other commissioners to act at such other
place or places as they may direct.
§ 2. When three thousand dollars of the capital stock
shall have been subscribed according to the provisions ofpo™tea<TVhTn
the first section of this act, the persons who shall have so $300°subscribe<J
subscribed shall be and are hereby incorporated into a com-
pany under the name .and style of The Tanners' Draw Name and gtyle_
Bridge Company, and shall be invested with all the rights
iind privileges conferred, and subject to all the regulations
andrestrictions imposed on other companies incorporated
for like purposes, by chapters fifty-seyen and sixty-one of
the Code of Virginia.
§ 3. The said company shall be incorporated upon con-
dition that the bridge erected by it shall not hinder or ob- incorporation,
struct the navigation of said creek by any boat, raft or ves-
sel, or in any manner prejudice, or obstruct the improve-
ment of the navigation of said creek, and if any of the
inconveniences herein above prohibited shall occur by the
fault or neglect of said company the said bridge may be
abated as a nusiance.
§ 4. If the said company shall not have commenced the
said bridge within one year, and completed the same with-^ence and com-
in three years from the passage of this act, they shall for- g1,ye 4 h e sai<1
feit all the rights and privileges granted by this act.
§ 5. The affairs of the company shall be managed by a
board consisting of a President and Directors, who shall be 4 how
elected once in two years by a vote of "the stockholders, and'electt"d-
hold their offices until their successors shall be appointed.
The President and Directors shall have power to adopt
suitable by-laws for the government of said company. By-i,awg.
§ 6. And be it further enacted, That if the Indian PollIf the in<Haa
Draw Company shall have failed to re construct this bridge £"nw
before the tenth day of May, one thousand eight hundred fail to construct
2S
ACTS OF THE GENEBAL ASSEMBLY.
fore th^iotwant^ sixty-five, all the rights and privileges vested in the
?.«r «« thegtete by the forfeiture thereof by the said Indian Poll
Stive he vested Bridge Company, are hereby vested in the company to be
V»ecreateSaumie? created under the provisions of this act, but the Tanners'
&L7KOTO,0reek Braw Bridge Company shall pay to the stockholders
of the Indian Poll Draw Bridge Company, the value of the
remaining property of the last-named company, the amount
to be ascertained either by mutual agreement between the
parties, by arbitrators agreed upon by the parties, or by
five Commissioners, freeholders of the vicinity, to be ap-
• pointed by the Governor, upon the application of the Tan-
ners' Creek Draw Bridge Company at any time after the
first day of May, one thousand eight hundred and* sixty-
five, in case of failure to agree or arbitrate as aforesaid.
Commeccement. § *7. This act shall be in force from its passage.
o
CHAPTER XVI.
An Act for the relief of persons hiring negroes in certain
cases.
Passed February 7, 1865.
preamble. Whereas, Many citizens of this Commonwealth, on or
after the first day of January, eighteen hundred and sixty-
one, hired slaves of sundry persons, owners of the same, or
became sureties for such hirers ; and whereas, such hired
slaves, in many instances, were impressed or taken into the
Confederate service or were made free by going within the
Federal lines, and by consequences the services of such
slaves were lost and of no avail to the hirers of the same—
therefore,
§1. Be it enacted by the General Assembly, That in all
actions in the Courts of this Commonwealth by such owners,
an6 ^ 6u c h*case01^ their assignees against the hirers of such slaves, after
may plead that the first day of January, eighteen hundred and sixty-one,
for thetrwreWofOr against the sureties of such hirers, the defendant in any
ovlXenintolnl such action may plead, in general terms, that the contract,
ooVnCfed1erateassurance or writing 011 which the action is brought, was for
states, or thethe hire of a slave or slaves impressed or taken into the ser-
whl!*! f/establvice of the Confederate States, or made free by going with-
bartotheaotion9!11 the military lines of the United States, as tlie case may
•be, and under any sut)h plea the defendant rnajr give in evi-
dence any fact tending to show that the contract, assurance,
or writing, upon \vhich the action was brought, was for the
hire of a slave or slaves impressed or taken into the Con-
federate service, or made free by going within the military
lines of the United States, and any such plea, if establish-
ed, shall be a bar against the recovery of the plaintiff in
ACTS OF THE GENERAL ASSEMBLY.
29
said action : Provided, that nothing in this Act shall be ProTlsoagtoai..
construed to prevent the plaintiff's recovery for so much *UifserviC9 ftnd
ri i . n as to persons en-
time as such hired slave or slaves may have actually served K«gi-d 'n armed
such hirers ; and provided, also, that the benefits of this'6 L lon'
act shall not extend to any person engaged in armed re-
hellion against the Government of the United States, or of
this State.
§ 2. This Act shall be in force from its passage.
o
CHAPTER XVII
An Act changing a place of voting in the County of Accomac.
Passed February 8, 1865.
§ 1. Be it enacted by the General Assembly of Virginia,
That the place of voting, known as Corhin and Fletcher's chan^ng p«*c*
precinct, in the county of Accomac, he and the same is here-vo;ln*-
by changed to the store-house of Henry Hall, at Marsh
Market, in said county, and that hereafter it shall he law-
ful to open polls for voting at the store-house of said Henry
Hall instead of the Corbin and Fletcher precinct.
§ 2. This Act shall he in force from its passage.
o
CHAPTER XVIII.
An Act to amend and re-enact the second section of chapter
one hundred and sixty-nine of the Code of Virginia of
one thousand eight hundred and sixty.
Passed February 8, 1865.
§ 1. Be it enacted by the General Assembly of Virginia,
That the second section of chapter one hundred and sixty-second tertinn
one of the Code of one thousand eight hundred and sixty, $ the^dJ lisoo
he, and the same is hereby amended and re-enacted, so as ded and re-
, ' i o n J ' enacted.
to read as follows :
" An action may he brought in any county or corporation ln what C(,aM/
wherein the cause of action, or any part thereof arose, al- ,J'*
though none of the defendants reside therein, hut if there \ r°US)'
he no courts organized in the county or corporation wherein
the cause of action, or any part thereof arose, the action
may he brought in the court of the county or corporation
in which courts have been organized under the Restored
Government of Virginia, nearest to that in which the cause
of action or any-part thereof arose."
30
acts of the general assembly.
§ 2. Be it further enacted, That immediately after the
organization of courts in the county, wherein the cause of
action arose or the estate is, whereon the judgment in such
cierk of Suchsu^ may be a lien, the Clerk of the Cofirt, in "which such
?uUdtymenttitojU(^Smen^i8>s^ia^ certify the same-to the Clerk of the Court
oierk of county of the county wherein the estate is whereon such judgment
action arose]6 °fis a lien, whose duty it shall be at the next Court thereof
to publish on the front door of the Court-House, a list of
such judgments. .
§ 3. This Act shall be in force from its passage.,
CHAPTER XIX.
An act for the relief of M. II. Higgins, Jailor of Accomac
County.
Passed-, February 9, 1865.
§ 1. Be it enacted by the General Assembly, That the
Auditor authort- Auditor of Public Accounts, be and is hereby authorized
zed to, settle the to settle the claims of M. H. Higgins, deputy coroner, and
c mi in s of M H o o a jl •/ / 4
Higgins, &c." 'jailor of Accomac county, for board, maintenance, and sup-
port of Elizabeth Bellrate, a lunatic, for some time con-
fined in the jail of said county, and for the conveyance of
said lunatic to the town of Eastville, (whence she was taken
to the Lunatic Asylum at Williamsburg, in the month of
October, one thousand eight hundred and sixty-four)—and
that the Auditor may certify the said accounts, which
shall be paid on his certificate out of any monies not other-
wise appropriated in the public treasury : Provided, the
said churns shall not exceed the amount of seventy-three
dollars.
§ 2. This Act shall be in force from its passage.
-——o
CHAPTER XX.
An act to ratify the Joint Resolution of Congress, passed
January thirty-first, one thousand eight hundred and six-
ty-five, proposing an amendment to the Constitution of the
United States.
Passed February 9, 1865.
jtveambw. Whereas, It is provided b}r the Constitution of the Uni-
ted States of America, that Congress may, whenever two-
thirds of both Houses deem it necessary, propose amend-
ments to the same, to be ratified by the Legislatures of
three-fourths of the several States, or by Conventions
ACTS OF THE GENERAL ASSEMBLY.
therein, as the one or the other mode may he proposed by
Congress.
And whereas, By the thirty-eighth Congress of tlieUni-
ted States at the second session thereof, begun and held at
the city of Washington, on Monday, the fifth day of De-
cember, one thousand eight hundred and sixty-four, it was
t(Resolved by the Senate and House of Representatives of
the United States of America in Congress assembled, (two-
thirds of both Houses concurring,) That the following
article be proposed to the Legislatures of the several States,
as an amendment to the Constitution, of the United States,
which, when ratified by three-fourths of said Legislatures, Ratification a
shall be valid to all intents and purposes as a part of said amendment!011*1
Constitution:
ARTICLE 13TH.
§ 1, Neither slavery hor involuntary servitude, except
as a punishment for crime, whereof the party shall have
been duly convicted, shall exist within the United States, The amendment,
or any place subject to their jurisdiction.
§ 2. Congress shall have power to enforce this article by
appropriate legislation."
Therefore be it enacted by the General Assembly of Vir-
ginia, That the aforesaid amendment to the Constitution
of the United States, be and the same is hereby ratified.
o
CHAPTER XXI.
An act in relation to the collection and return of County
levies for the years one thousand eight hundred and sixty-
three and one thousand eight hundred and sixty four.
Passed February 10, 1865.
§ 1. Be it enacted by the General Assembly of Virginia,
That the several sheriffs and collectors of this Common-Collectors anew,
wealth, be allowed until the first day of July, one thousand 1st, i 8 e s, t<>
eight hundred and sixty-five, to collect and make return of ^unVwvh". "f
the county levies, for the years one thousand eight hundred
and sixty-three, and one thousand eight hundred and six-
ty-four.
§ 2. This Act shall be in force from its passage.
—,—o
CHAPTER XXIT.
An act to incorporate the Norfolk Steam Navigation Com-
pany.
Passed February 14, 1865.
§ 1. Be it enacted by the General Assembly of Virginia,
That Joseph Segar, Lucius H. Chandler, Gilbert C. Walk-Names of the
er, C. L. Coles, Wm. S, Ivemp, Dr. George W. Cowderry,C0ip0iat01*-
Lewis Salisbury, and Wm. H. Barrey, their successors and
«?9
ACTS OF THE GENERAL ASSEMBLY.
assigns, be, and they are hereby, made a corporation, by
the name of "The Norfolk Steam Navigation Company,"
with all the rights,, powers and privileges of corporations
set forth in the Code of Virginia, and subject to all the pro-
visions of the Code so far as the same shall not be incon-
sistent with this act.
capital stock. § 2-. Be it further enacted, That the capital stock of said
company shall be fifty thousand dollars, and may he in-
creased from time to time when arid as the stockholders in
general meeting may determine; it shall be divided into
shares of one hundred dollars each,
company may §3. Be it further enacted, That the said company shall
r un a line of^ayg power to establish and run a line, or lines, of steam
steamers to and , . . _ ' _ . > .
from any ports vessels between the city of Norfolk and such other ports
Maryland, a n a and places in this State, the State of Maryland, and the
cXmbilf&V°f District of Columbia, as the said company may deem
expedient, for which purpose they shall have power to
purchase and sell, use and employ, such property, real or
personal, as may he necessary and proper for conveniently
and advantageously carrying on the business of transport-
ing freight and passengers. They shall have power to
demand and receive such rates of fare and freight as may
be reasonable and just for the performance of any such
service: Provided, That the rate of fare for each passenger
between Norfolk or Portsmouth and Old Point Comfort
or Hampton shall not exceed fifty cents each way.
§ 4. Be it f urther enacted, That the affairs of said com-
a board of Ave pany shall be managed by a board of not less than five-
manage Me8 a£^rec^ors> w^° shall be annually chosen by the stockhold-
fairs of the com- ers in general meetings. In all such meetings every stock-
I)any' holder shall be entitled to one vote for each share of stock
owned by him. The said board shall, immediately, after
their election, appoint one of their number to be President
and another Treasurer of their company. They shall
also appoint and remove such other officers and agents as
they may deem necessary, and fix their compensation.
Term of office of The President and Treasurer shall hold their respective
Treasured and offi ces for one year, unless sooner removed by stockholders
in general meeting. They, with one other director to be
named by the board, shall be the Executive Committee,
and as such shall have the general management of the
company's business, when the board shall not be in session,
subject to such rules and orders as may be made by the
board, or by a general meeting.
§5. Be it further enacted, That nothing in this act con-
tained shall be construed to authorize said company to es-
tablish and run a ferry between the cities of Norfolk and
Portsmouth without the consent and authority of the
ACTS OF THE GENERAL ASSEMBLY.
;rj
County Court of Norfolk county: Provided, That said
company's boats may £ass and repass between said cities
for the purpose of receiving and landing freight and pas-
sengers destined to, or from other points.
§ 6. Be it further enacted, That this act shall he in force
from its passage.
CHAPTER XXIII.
An Act for the relief of William H. Massey, formerly jailor
of Accomac county.
Passed February 14, 1865.
§ 1. Be it enacted by the General Assembly of Virginia,
That the Auditor of Public Accounts he, and he is hereby, The Auditor
authorized and directed to pay to William H. Massey, late woriLCitMSeyaa
jailor of Accomac county, the sum of nineteen dollars andBUm ot
five cents, that being the amount of jail fees of Mary Fiu-
nev, who was committed to the jail of Accomac county for
failure to give surety for the peace prior to the passage of
the act of February fifth, one thousand eight hundred and
sixty-three, repealing the law authorizing payment in such
cases.
§ 2. This Act shall be in force from its passage.
o ■
CHAPTER XXIV.
An Ac! to incorporate the Norfolk and New York City Bail-
road Company.
Passed February 14, 1865.
§ 1 .Be it enacted by the General Assembly of Virginia,
That it shall be lawful to open hooks of subscription at the
city of Norfolk, under the direction of Lewis W. Webb, t®yi» '
\Villiam J. Harrison, Lucius H. Chandler, Williani H. powered to open
Barry, Gilbert C. Walker, of said city. William P. Moore, gcriptioi. ,ub"
Jr., George T. Yerhy, and John R. Birch, of Northamp-
ton county, and 'E. K. Snead, Thomas H. Kellam, and
Thomas Lilliston, of Accomac county, or any three of them,
for the purpose of receiving subscriptions to an amount not
exceeding three millions of dollars, in shares of one hun- Amount of tto. k
dred dollars each, for the purpose of surveying, locating,
constructing, equipping and operating a railroad from
Cherrystone, or some other eligible point on the eastern Terminus of th»
shore of this State, northerly to the boundary line of theroad"
State of Maryland, there to connect with any railroad
running northerly from said boundary line, and to he con-
:U
ACTS OF THE GENERAL ASSEMBLY.
nected at its southern terminus with the cities of Nor-
folk and Portsmouth by means of a steam ferry. Such
where books to books may he opened at such other place or places, as the
be opened. sa-q paiqies resident in Norfolk, or a majority of them,
may direct, under the direction of any two of the persons
Howr long to be above named. All such hooks shall be kept open at least
what notice to be three days, and notice of the opening thereof at the several
sjuen. places shall he given for at least two weeks in the news-
papers of Norfolk and Portsmouth, and in such other news-
papers as the said persons resident in Norfolk, or the major-
ity of them, may deem expedient.
§ 2. That whenever two hundred shares of said stock
shall have been subscribed, the subscribers and their sue-
wheu subscii-cessors shall be, and are hereby, incorporated into a com-
porat"dbe ",cor'pany by the name of " The Norfolk and New York' City
panyeof ° ° m Railroad Company," subject to all the provisions of, and
entitled to all' the benefits and powers conferred by chapters
fifty-six and fifty-seven of the Code of Virginia, so far as
the same may be applicable and not inconsistent with the
provisions of this charter.
§ 3. That it shall be lawful for said company, for the
purpose of constructing and equipping and operating said
Tower to »e 11 railway and ferry, to sell their bonds, with coupons attached,
0111 *' at a rate of interest not exceeding seven per centum per
annum, to be paid semi-annually, to the amount of one
And borrow million five hundred thousand dollars, and also to borrow
u°o7/noter°m money upon their promissory notes, duly executed under
the authority of its Board of Directors, to an amount not
exceeding five hundred thousand dollars, and to lease their
road to any person, or persons or domestic or foreign cor-
poratiou, any of which corporations shall have power to
subscribe to the stock of said company.
p.e peaiin & clause § 4. All Acts inconsistent herewith shall be held not to
apply to the same, and are hereby repealed, as far as the
same conflict with this charter.
Commencement. § £r This Act shall be in force from and after its passage.
CHAPTER XXV.
An Act to amend and re-enact sections two and four of
Chapter thirty-seven of the Code of Virginia.
Pas3ed February 14, 1865.
§ 1. Be it enacted by the General Assembly, That section
Section *econ.t of two of chapter thirty-seven of the Code of Virginia be
Code amended amended and re-enacted, so as to read as follows :—In the
re-enacted, 0f July, August or September, in the year one
ACTS OP THE GENERAL ASSEMBLY.
35
thousand eight hundred and sixty-five, and in one of those
months in every year thereafter, the said Auditor shall
Gause to be delivered to the Sheriff, or Collector of the taxes
for each county and corporation, a list of the real estate
therein, which, since the tenth day of March, one thousand
eight hundred and thirty-two, has been, or hereafter shall he,
returned delinquent for taxes, and on which the taxes remain
unpaid, with a statement of the amount due for the taxes
on each tract or lot so returned, and for interest on such
taxes.
§ 2. And be it f urther enacted, That section four, of the sects on f«nr o t
aforesaid chapter, be amended and re-enacted, so as to read te'ame^ded^ifa
as follows :—Within twenty days after receiving such list,re «n»cted-
each Sheriff or Collector shall make out three copies there-
of, and set up one of them at the front door of the Court-
House, and the other two at two of the most public places
in his county or corporation. To each copy he shall sub-
join a notice that the real estate therein mentioned, or so
much thereof as shall be sufficient to satisfy the taxes on
the same, with interest and commissions of five per cent,
to the Sheriff or collector, will be sold at public auction,
between the hours of ten in the morning and four in the
evening, on the first day of the succeeding November,
or December Court of his county or corporation, at the
frontdoor of the Court-House thereof, unless the said taxes,
interest and commissions shall be previously paid ; such list
and notice shall, if ordered by the Court of the county or
corporation in which such real estate lies, be advertised in
some convenient newspaper for four successive weeks, the
expense of which shall be apportioned among the delin-
quents according to the amount of taxes due by them re-
spectively.
§ 3. This Act shall be in force from its passage.
o
CHAPTER XXVI.
An Act to amend and re-enact the seventh section of chapter
one hundred and fifty-one of the Code.
Passed February 14, 1865.
§ 1. Be it enacted by the General Assembly of Virginia,
That the seventh section of chapter one hundred and fifty-Section WT,n Qt
one of the Code be, and the same is hereby amended and thecod.lmemt•
re-enacted so as to read as follows :—Every such attach- and r«-»nact.
ment (except where it is sued out specially against specified ® '
property) may be levied upon any estate, real or personal,
of the defendant, or so much thereof as is sufficient to pay
;ia
ACTS OF THE GENERAL ASSEMBLY.
the amount for which it issues, and may be levied upon any'
estate of the defendant, whether the same he in the county
or corporation where the suit is, or in any other, either by
the officer of the county or corporation wherein the action
is brought, or by the officer of the county or corporation,
where the estate is. It shall be sufficiently levied in every
case by a service of a copy of such attachment on such
persons as may be designated by the plaintiff in writing, or
be known to the officer to be in possession of effects of, or
to be indebted to the defendant, and as to real estate, by
such estate being mentioned and described by endorsement
on such attachment.
§ 2. All acts and parts of acts inconsistent with this act
shall be, and the same are hereby repealed.
§ 3. This Act shall be in forcefrom and after its passage.
o
CHAPTER XXVII.
An Act for the relief of Sheriffs and Collectors of comity
levies in certain counties.
Passed February 14, 1865.
Freamble. Whereas, In consequence of military interference in the
counties, of Accomac and Northampton during the past
3rear, the Sheriffs and Collectors of the county levies, in the
said counties, have been hindered in collecting the levies
aforesaid, and have not in hand collections to the amount
of the sums levied in the counties aforesaid. Therefore,
§ 1. Beit enacted hy the General Assembly of Virginia,
sheriffs and coi-That the Sheriffs and Collectors in the counties aforesaid
mac°andfNorth-^e' an(^ are hereby, declared exempt from suit or mo-
ampton countieu tion for the amount levied by the courts of said counties
fo r amount o f for the year one thousand eight hundred and sixty-four, for
certain 'n non-payment of the levies aforesaid until the fifteenth
day of May next, and no execution shall issue, or if any
such execution has been issued and been levied, the prop-
erty so seized shall be, and the same is hereby, released,
and such execution shall be returned to the Clerk's office.
§ 2. This Act shall be in force from its passage.
CHAPTER XXVIII.
An Act to provide for recording Deeds in certain cases.
Passed February 21, 1865.
§ 1 .Be it enacted by the General Assembly of Virginia>
when deeds ,0fThat deeds relating to real estate lying in counties or cor-
beelrecordedmfn porations wherein there shall be no county courts organized,
the office of Sec- 0r clerks thereof, may be recorded in the office of the Sec-
commonwealth* retary of the Commonwealth, if approved or acknowledged
ACTS OF THE GENERAL ASSEMBLY.
37
according to law ; aud it shall he the duty of the said Sec-
retary to record the same in a hook to he kept hy him for
the purpose, with all certificates and other things relating
thereto, as is required or authorized to be done hy clerks of
county courts, and to exercise in regard thereto the powers
of such clerks. All deeds so recorded, and all matters re-
lating thereto, shall he forwarded hy said Secretary to the
clerks of the counties in which the property lies to which to eounty where
said deeds relate respectively, within sixty days after the "*
qualification of such clerks, who shall record the same in
the deed hook; and in cases where the original deed shall
have been delivered to the party entitled thereto, the said
(Secretary shall forward to such clerks transcripts from his
records of said deeds and of all matters relating thereto.
The said Secretary shall collect and account for the State su»n
tax on all deeds received for record hy him, as aforesaid, jncoll,,ctfc,iat#ti,s-
like manner as the clerks are required by law to do, and
shall certify the payment thereof upon each deed or tran-
script thereof forwarded to the clerks as aforesaid. He
shall he entitled to the same fees for his services, as afore-
said, as are allowed by law to such clerks for like services.
The clerks to whom transcripts shall he forwarded as afore-
said shall record the same in the deed hook, with all mat-
ters relating thereto, and shall be entitled therefor to the
same fees as are allowed them hy law for recording original
deeds.
§ 2. Beit further enacted, That the recording of deeds Eoret «f saoi
by the Secretary as aforesaid and the record thereof, shall>e'01
have the same torce and effect as the recording, or the record
of deeds, in the office of a clerk of a county court, aud
shall, in all respects,he subject to the laws relating thereto.
§ 3. This Act shall he in force from its passage.
0
CHAPTER XXIX.
An Act to authorize a report of the alterations of the Code
of eighteen hundred and sixty.
Passed February 21, 1865.
§ 1. Be it enacted hy the General Assembly of Virginia.
That the Governor of this Commonwealth be, and he isTheflo Vf rnt),
hereby authorized to appoint, at a compensation not to ex- aot,,oi;i/*;iittTi',fe
ceed seven hundred and fifty dollars, a suitable person , perBoii to make a
whose duty it shall he to prepare and report to the next Scions or Me
meeting of the General Assembly, what alterations andCode of 1Sb0-
amendments have been made hy subsequent legislation in
the Code of one thousand eight hundred and sixty, desig-
38
ACTS OF THE GENERAL ASSEMBLY.
nating in said report each seperate alteration and amend-
ment, and the section of the Code to which such alterations
or amendments apply ; also, what acts, or parts of acts,
have been changed or rendered null by the provisions of
the amended Constitution ; and what other legislation of a
general character has been adopted, and that he give in his
report an abstract of the legislative provisions aforesaid.
§ 2. Be it further enacted, That the person appointed
under the provisions of the first section of this act shall
And to report also make a report to the next session of the Legislature of
^thVcode^are Virginia, of all chapters, or parts of chapters, of the Code
-dered ^neces- 0f Virginia of one thousand eight hundred and sixty, and
mended Consti- subsequent acts of the Assembly, the alteration, amendment
tuMon' or repeal of which is rendered necessary or proper by the
amended Constitution of Virginia, or by existing laws of
the United States, and which have not been already altered,
amended, or repealed by subsequent legislation,
fto tames eem eat. § 3. This Act shall be in force from and after the adjourn-
ment of this session of this Legislature.
o
CHAPTER XXX.
An Act to incorporate the Norfolk Insurance and Trust Company.
Passed February 23, 1865.
§ 1. Be it enacted hy the General Assembly of Virginia,
xames of the That Joseph Segar, Cicero Burrus, Lucius H. Chandler, J.
corporators. "Wesley Chamberlin, Wm. H. Turner, Gilbert C. "Walker,
William H. Barry, Capt. Jas. Cornicke, Capt. Jas. Bryan,
and others who may associate under this act,' are herebj
created and declared to be a body politic and corporate, hy
the name and style of the "Norfolk Insurance and Trust
Company," and by that name may sue and be sued, im-
plead and be impleaded in all the courts of law and equity
in this State and elsewhere ; and to make and have a com-
mon seal, and the same to break, alter or renew at their
pleasure; to ordain and establish such by-laws, ordinances
and regulations, and generally to do every act and thing
necessary to carry into effect this act, or to promote the
object and design of this Corporation,
what insurance §2. To make insurance upon dwellings, houses, stores,
they may make, and all other kind of buildings,. in towns, cities, or
counties, and upon household furniture, merchandize and
other property against loss or damage by fire, to make in-
surances on the lives and health of persons ; to cause them-
selves to be insured when deemed expedient against lisks
upon which they have made insurances; to grant annuities;
ACTS OF THE GENERAL ASSEMBLY.
39
to receive endowments; to contract for reversionary in-
terests; to guarantee the payment of promissory notes,
bills of exchange or other evidences of debt; to make in-
Mirances upon vessels, freights, goods, wares, merchandize,
specie, bullion, profits, commissions, banknotes, bottomry,
or respondentia interests, and to make all and every in-
surance connected with marine risks, and risks of trans- what oth*r risks
portation and navigation. they nuiy
§3. To receive money on deposit and grant certificates >fav« a tleposite
therefor, in accordance with the conditions set forth in sec-llank'
tions four and five, chapter fifty-nine of the Code of Vir-
ginia; but in no case are such deposits or certificates there-
for to be held liable to make good any policy of insurance
issued by this company.
§ 4. The affairs of said company shall be managed by a
board of directors consisting of seven members or stock- ®°*rd of I)hec-
holders, five of whom shall constitute a quorum. Said
directors shall be elected by ballot from among the mem-
hers and stockholders of said company in general meeting
assembled, at such time and place as said corporation in
their by-laws shall appoint; of w,hich election public notice
shall be given ten days preceding such election, which shall
be held under the inspection of three members or stock-
holders, to be appointed for the first election by the persons
named in the first section of this act, and thereafter by the
members or stockholders, not being directors, to be ap-
pointed previous to every election by the board of directors ;
and such election shall be made by ballot, and by a plurality
of the votes of the members or stockholders, or their
proxies present; allowing to each member or stockholder
one vote for every fifty dollars in capital stock represented
in said company. All vacancies happening in said board how va< aneies,
may be filled by the remaining directors for the remainder40 *
of the term for which they were elected, and shall continue
in office until others shall be chosen in their places, and
other elections shall be held periodically, once in three
years thereafter for the choice of new directors. The said
board of directors shall elect, viva voce, a President, YiceH*w officers of
President, Secretary, Treasurer, and General Agent, whoboard *lected'
may hold their offices for and during the term of one year,
or until others are elected in their places.
§ 5. Every person who shall become a member of said
company by effecting an insurance therein on the premium Premium note to
note plan, shall, before he receives his policy, deposit hisbede,,0Slttd'
premium note for such sum of money as shall be determined
by the directors, together with such an amount in cash as
may be required by the directors. The said deposite noteHow d«(««to
shall be payable in part or the whole, at any time when note pajabl0-•
40
ACTS OP T1IE GENERAL ASSEMBLY.
the directors shall deem the same requisite for the payment
of losses or damages, and such other incidental expenses as
shall be necessary for transacting the business of said com-
pany, and for the redemption of all bonds, obligations and
notes which may be incurred or issued by said company ;
and at the expiration of the term of insurance, the said
note, or such part, thereof as shall remain unpaid, after
deducting all losses and expenses, and other liabilities ac-
cruing in said term, shall be relinquished and given up to
now fnnd* of the the maker thereof or his representative. The funds of
Company be in- -i ' • i t , t •
vested. this company, however derived, may be invested in, or
loaned on stock or real security, or be used in purchasing
or discounting bonds, bills, notes, or other paper. Pro-
vided, that no greater rate of discount shall be taken than
one half of one per centum for thirty days, except as re-
gards the bonds or certificates of debt of this State, the
United States, or of corporations ; but the interest may in
any case be paid in advance. But the members or stock-
holders of this company shall not be liable for any loss,
damage or responsibility, other than their premium notes,
and the property they mqy have in the capital stock and
funds of the company, and any profits accruing therefrom
and undivided—and nothing herein contained shall be so
construed as to authorize the company to issue and put into
circulation any note in the. nature of a bank note, or any
other circulating note.
§ 6, Every member of said company who shall have
Losses and • *. given a premium note, shall be bound to pay for losses, and
reuses to be pa; d ® r > . r J m • ,
from depositeexpenses and other liabilities as aforesaid accruing m and
won 8tontheirP°iI to said company in proportion to the amount of his deposite
mounts. no£G . an(j "buildings insured by said company, together
with the right, title and interest of the assured to the land
on which they stand, shall be and are hereby pledged to
company shaii said company, and said company shall have a lien thereon,
i TOperVlensu° in the nature of a mortgage, to the amount of his deposite
cd- note, which shall continue until such losses and expenses
are settled, the lien to take effect whenever the said company
shall file with, and have entered on record by the clerk of
the county wherein the property is situated, a memoran-
dum of the name of the individual insured, a description
of the property, the amount of the deposite note, and the
term for which said policy shall continue; and the Clerk
of the county shall post the same at the front door of the
Court-house with a list of deeds admitted to record.
§ 7. Suits at law, or in equity, may be maintained by
said corporation against any of its members for the collec-
Hei-osite notes tion of said deposite notes, or any assessments thereon, or
ina.v^ba collect- for any other cause relating to the business of said corpora-
ACTS OF THE GENERAL ASSEMBLY.
41
tion; also suits at law, or in equity, may be prosecuted and
maintained by any member or stockholder against said cor-
poration'for losses or damages by fire, if payment is with-
field more than four months after the losses are duly proved,
and notified to the company, agreeably to the conditions of
the policy; and no member of the corporation, not being
in bis individual capacity a party to any such suit, shall
be incompetent as a witness therein, on account of his being
a member or stockholder of said company.
§ 8. The directors may, after receiving notice of any loss Directors may
-i a • i i i aIiij determine what
or damage by fire sustained by any member or stockholder , sum each mem-
and ascertaining the same, or after the rendition of any»nylos»? payof
judgment, as aforesaid, against the company for said loss
or damage, settle and determine the sums to be paid by the
several members thereof, as their respective portions of
such loss, and publish the same in such manner as they
shall see fit, or as the by-laws shall have prescribed. And
the sum to be paid by each membef shall always be in pro-
portion to the original amount of his deposite note or notes,
and shall be paid to the treasurer within thirty days next
after the publication of such notice, or a demand from them
or their authorized agents ; and if any member shall, for
the space of thirty days after such notice, neglect or refuse
to pay the sum assessed upon him, as his proportion of any
loss as aforesaid, in such case, the directors may sue for and May s vi 9 for, &«.
recover the whole amount of his deposite note or notes, with
costs of suit: and the amount thus collected shall remain
in the treasury of said company, subject to the payment of
such losses and expenses, as have or may thereafter accrue,
and the balance, if any remain, sball be returned to the
party from whom it was collected, on demand, after thirty
days from the expiration of the time for which insurance
was made.
§ 9. The executive committee shall consist of the Presi- Executive com-
dent, Secretary, and Treasurer of the company, and such mittee-
other members or stockholders as may be added by the
Board, and when the Board of Directors are not in session,
may exercise all the powers vested in the company (except
as shall be otherwise provided by the Board of Directors in
the by-laws of the company,) a majority of whom may con-
stitute a quorum to do business.
§ 10. This company may effect all kinds of insurance, ^uii vZZ
cither on the cash or stock plan, without premium notes, of in»w«-anc«,
or may require premium notes and a cash amount in addi-
tion, as hereinbefore provided for; but all persons insuring
on the premium note plan shall be bound to pay his or her
share of all losses and expenses incurred by the company ^
42
ACTS OF THE GENERAL ASSEMBLY.
whether the same arise out of losses or expenses growing
out of a cash stock, or a premium note insurance.
§ 11. The capital stock of this company shall not he less
than twenty thousaud dollars nor more than one million
dollars, and may consist of cash premiums and premium
notes received upon risks taken by the company, or such
other capital, in shares of fifty dollars each, as may by
the by-laws he added.
§ 12. The directors shall have power to declare suchdiv-
idends of the profits of the company as they may deem
proper. Provided, that no dividends shall he declared
when, in the opinion of the directory, or a majority thereof,
the capital stock would he impaired thereby.
§ 13. The companyshall he located at the city of Norfolk,
Virginia. The Board of Directors may make such by-laws
as they may deem proper or necessary, not inconsistent
with this charter.
Commencement; § 14. This act shall be in force from its passage, and
shall he perpetual. Provided, nevertheless, that the Legis-
lature of Virginia reserves to itself the power of altering,
amending, or repealing any of the provisions thereof.
o
CHAPTER XXXI.
An Act to amend and re-enact the twenty-third section of
chapter one hundred and twenty-two of the Code of one
thousand eight hundred and sixty.
Passed February 23, 1865.
§ 1. Be it enacted by the General Assembly of Virginia,
The 2M gection That the twenty-third section of chapter one hundred and
theCcodeeamendf twenty-two of the Code of one thousand eight hundred and
ed and re-enact- sixty, be, and the same is hereby amended and re-enacted, so
as to read as follows :—The circuit, county, and corpora-
tion courts shall have jurisdiction to hear and determine
suits and controversies testamentary, according to the fol-
lowing rules, that is to say: in the county or corporation
wherein the decendent has a mansion house, or known
place of residence ; if he has 110 such house or place of resi-
dence, then in a county or corporation wherein any real
estate lies that is devised or owned by the decedent; if there
he no such real estate, then in the county or corporation
wherein he dies ; but if the decedent or testator shall have
a mansion house or real estate in any county or corporation
within the so-called Confederate lines, then jurisdiction to
hear and determine suits and controversies testamentary in
rfcgard to the estate of such decedent or testator, may be
had and exercised by the circuit, county, or corporation
Capital atook.
DiriduMl*.
ACTS OF THE QENEBAli ASSEMBLY.
43
court of the county or corporation wherein courts have been
or may he organized under the restored Government of Vir-
ginia, nearest that wherein jurisdiction thereof would he
otherwise vested under the provisions of this section, or
wherein such decedent or testator has real estate.
§2. All Acts and t parts of Acts inconsistent with this Repealing cuus«
Act shall he, and the same are hereby repealed..
§ 3. This Act shall he in force from its passage. commencement.
o
CHAPTER XXXII.
An Act for the incorporation of the Deutsche Maennerchor
Association of Alexandria.
Passed February 23, 1863.
§ 1. Be it enacted by the General Assembly, That Ferdi- Name* of the
nand Leo, A. K. Fuchsel, Francis E. Adler, H. L. Pauli,corpo'Bt0r,,•
C. A. Opperman, L. Piehenhrink, F. Koehler, W. Metzger,
A. Rosenthal, Bernard Joetz, A. Henning and J. C.
Foertsch, together with their associates, successors, and
assigns, are hereby created a body corporate, under the
name and style of the Deutsche Maennerchor Association
of Alexandria, and as such shall have power to purchase power to pur-
and hold real estate, personal property, and money to an reafestate, &cd
amount hot exceeding five thousand dollars ; to elect a
president and directors, and such other officers as the mem- President and
bers of said Association, or a majority of them may choose, ^lecTed0" t0 *
for the government and management of the affairs of said
Association, according to the By-Laws which the said As-By-Law*,
sociation may enact, not inconsistent with the laws of this
Commonwealth ; to make, have, and use a common seal;
and as such shall have and exercise all the rights and privi-
leges granted to companies incorporated for musical, liter-
ary, or scientific purposes by the Legislature of Virginia,
and be subject to all the provisions of the Code of Virginia
applicable to such corporations.
§ 2. The persons named in the first section of this Act,
and such other persons as shall be associated with them for
the purpose, shall assemble at some convenient place intheWhen thecorpo-
city of Alexandria, within sixty days after the passage ofrat0rs tomeet-
this Act, notice of which meeting shall be given ten days
before the same shall he held, and proceed to adopt by-laws And males by-
for the government of the said Association, and may thenlaws'&c"
proceed to elect officers and do and perform such other Acts
as shall be necessary to perfect the organization of said
company.
44
ACTS OF THE GENERAL ASSEMBLY,
ResermU'ifl of § 3. The Legislature reserves to itself tlte right to alter,
,ltfhu' amend, or repeal this charter at any time.
§ 4' Tbis Act sllal1 ^ in fol'Ce fr0m ifcS passage.
CHAPTER XXXIII;
An Act in relation to Lunatics.
Passed February 23, 1865.
§ 1. Be it enncted by the General Assembly, That the
c.rt in rower Governor he, and he is hereby authorized and empowered
icuen the Gor- to cause insane persons, not now in either of the State
*luor' Lunatic Asylums, to be taken to and placed and kept in
any such Asylums beyond the limits of the State as he may
select, and to make all necessary and proper arrangements
in regard to them, their support and maintainance, with
the persons having charge of such Asylums,
provision foi § 2. Be it further enacted, That the expense of removing,
th8 " supporting and maintaining such insane persons, to and in
the Asylums in which they may be placed shall be paid out
of the State Treasury, upon the order of the Governor ; but
in cases where the insane person shall have any estate or
effects, the same shall be applied to the defraying of such
expenses so for as they will go, or so far as may be neces-
sary.
commenoemont. § 3. This Act shall be in force from its passage.
CHAPTER XXXIV.
An Act to amend and re-enact the twenty fourth section of
chapter one hundred and tiventy-tivo of the Code of one
thousand eight hundred and sixty.
Passed February 24, 1865
§ 1. Be it enacted by the General Assembly, That the
The 24th section twenty-fourth section of chapter one hundred and twenty-
th«co!ueamend-two of the Code of one thousand eight hundred and sixty,
ed and r« enact- ancj ^he 8ame j8 hereby amended and re-enacted, so as
to read as follows :—The Court of the County or, Corpora-
tion, or the Circuit Court thereof, having jurisdiction to
hear and determine suits and controversies testamentary,,
may appoint a curator of the estate of the decedent during
curator. a conte8t about his will, or during the infancy or absence
of an executor, or until administration be granted, or if
administration has been granted by, or an executor or ad-
ministrator has qualified in any Court having jurisdiction
of the probate of wills, in the Confederate lines, or if such
acts of the general assembly.
45
personal representative is within the limits of the territory
in the occupation of the rebels, or is, from any cause, pre-
vented from assuming or exercising control over, taking
custody of any portion of the estate of his decedent, lying
within the lines occupied by the forces of the United States
taking from such curator bond in a reasonable penalty, Bond with »e-
with such security as the court may deem adequate. cm-uv.
§ 2. Such curator shall take care that the estate is notDuti*. of cnr»-
wasted before the qualification of the executor or of an ad- t0"'"
ministrator, or before such estate shall lawfully come into
possession of said executor or administrator. He may
demand, sue for, recover and receive all debts due the de-
cedent, and all his other personal estate ; and likewise may
lease or receive the rents and profits of any real estate
whereof the decedent or testator may have died, seized, or
possessed of lying within the limits of the county or cor-
poration from the court of which said curator may have re-
ceived his appointment. He shall pay debts so far as such
payment may not effect the priority in the order of pay-
merit prescribed by law, and may be sued in like manner
as an executor or administrator ; and upon the qualifica-
tion of an executor or administrator, shall account with
him for, and pay and deliver to him such estate as he has
in his hands, or may be liable for.
§ 3. This Act shall be in force from and after its passage. e®tnra*n««rarnt
o
CHAPTER XXXV.
An Act extending the time for the qualification of certain civil offi-
cers in the cities of Norfolk and Portsmouth.
Passed February 28, 186k,
Whereas, Shortly after the municipal elections - held. inPrewnbl#
the cities of Norfolk and Portsmouth, on the 24th day of
June, and 2d day of April, one thousand eight hundred
and sixty-four, Major General Benjamin F. Butler sup-*
pressed the Courts, and forbade the civil officers in said
cities to exercise any of the functions thereof ; and whereas,
in consequence of such action on the part of the General
aforesai*1, then commanding the department of Virginia
and North Carolina, certain of the civil officers, elected at
the elections aforesaid in the said cities, failed to qualify
within the tim£ prescribed by law ; therefore,
§ 1. Be it enacted by the General Assembly of Virginia,
That the time prescribed by existing laws as the period rime tor it'*
within which the said officers resnectively, are required to ?.ua,if£ation
T/> i -» i ^ i1, it «i i n officer®
quality, be and the same is hereby extended until the first tended.
(lay ox May, one thousand eight hundred and sixty-five.
46
ACTS Of THE GENERAL ASSEMBLY.
§2. And be it further enacted, That the qualification of
any of the said officers within the period last named, shall
Validity of such be as effectual and valid to all intents and purposes, as if
ciartd.caUon dB such qualification had taken place within the time limited
by the laws in force at that time, and they shall be, and
are hereby, authorized and empowered to do all things and
exercise all the functions of officers regularly qualified. .
commencement. § 3. This Act shall be in force from its passage.
_o
CHAPTER XXXVI.
An Act to amend and re-enact the first section of an Act entitled '■'An
Act to incorporate the Norfolk and New York City Railroad Coni'
panyf passed February fourteenth, one thousand eight hundred and
sixty five.
Passed February 28, 1865.
Be it enacted by the General Assembly of Virginia,
Enacting eiause. That the first section of the Act to incorporate the Norfolk
and New York City Railroad Company,, passed February
the fourteenth, one thousand eight hundred and sixty-five,,
he amended and re-enacted so as to read as follows :
§ 1 < Be it enacted by the General Assembly of Virginia, .
. That it shall be lawful to open books of subscription at the
ccription. City of Norfolk under the direction of Lewis W. Webb,
?L™hom #nd William T. Harrison, Lucius H. Chandler, William H.
Barry, Gilbert C. Walker, of said city, William P. Moore,
jr., Edward Holland and John B. Birch, of Northampton
county, and E. K. Snead, Thomas H. Kellam and Thomas
Lilliston, of Accomac county, and T. S. Tennis, B. B.
Wood and Joseph Segar, of Elizabeth City County, or any
three of those named for Norfolk City, or any two
of those named for Northampton and Accomac Counties
For what pur- respectively, for the purpose of receiving subscriptions to
r0*8- an amount not exceeding three millions of dollars, in
shares of one hundred dollars each, for the purpose of sur-
veying, locating, constructing, equipping and operating a
Location of road. Railroad from Cherrystone or some other eligible point on
the Eastern shore of this State, northerly to the boundary
line of the State of Maryland, there to connect with any
Railroad running northerly from said boundary line, and.
to be connected at its southern terminus, with the cities of
Norfolk and Portsmouth by means of a Steaip Ferry, Such
books may be opened at such other place or places as the
said parties resident in Norfolk, or the majority of them
may direct under the direction of any two of the persons
What length 0f&k°ve named. All such books shall be kept open at least
time books to be Hiree days, and notice of the opening thereof at the several
kept open.
ACTS OF THE GENERAL, ASSEMBLY.
41
places, shall he given for at least two weeks in the news-
papers of Norfolk and Portsmouth, and in such other news-
papers as the said persons resident in Norfolk, or the ma-
jority of them may deem expedient.
§ 2. This Act shall be in force from its passage. Commencement.
CHAPTER XXXVII.
An Act to amend and re-enact the second and ninth sections of tha
forty-second chapter of the Code of one thousand eight hundred an d
sixty.
Passed March 1, 1865.
§1. Be it enacted by the General Assembly of Virginia,
That the second section of the forty-second, chapter of the The second sec-
Code of one thousand eight hundred and sixty, shall be42°of°the'code
amended and re-enacted so as to read as follows:—" TheenacItedrtan<1 r""
proceeding may be in the Circuit Court of the city of Rich-
mond, the county of Alexandria, the county of Wythe, or
the city of Norfolk." When it is at law, it may be by action
or motion."
§ 2. Be it further enacted, That the ninth section of the The oth seeMon
aforesaid chapter shall be amended and re-enacted so as to
read as follows:—"An execution on behalf of the Com-euact#d-
monwealth from the Circuit Court of the city of Richmond,
the county of Alexandria, the county of Wythe, or the city
of Norfolk, may, if the Auditor of Public Accounts see fit,
he directed to any Sheriff, Sergeant, Coroner, or Constable
ot' any county or corporation, and shall be served by any
of the said officers in whose hands the said Auditor may
cause it to be placed."
§ 3. And be it further enacted, That this Act shall be incommencem«»i..
force from its passage.
o
CHAPTER XXXVIII.
An Act to amend and re-enact the second section of the forty-third
chapter of the Code of one thousand eight hundred and sixty.
Passed March 1, 1865.
§1. Re it enacted by the General Assembly of Virginia,
That the second section of the forty-third chapter of the The second sec
Code of one thousand eight hundred and sixty, be amended ^VVifapter'oir
and re-enacted so as to read as follows:—"Such present-edeanddreTnact^
ment, indictment, or information shall be in the county of**1-
corporation wherein the offehce was committed. Such war-
rant, action, or motion may be either in the couuty or cor-
48
ACTS OP THE GENERAL ASSEMBLY',
poration wherein the offence was committed, or wherein the
offender resides ; and such action or motion may he either
in the county or corporation court, or in the circuit court
of the county or corporation. Any action orjmotion under
the thirty-ninth chapter against a personal representative,
or under any section of any chapter under this twelfth
title, against the Secretary of the Commonwealth, register
of the land office, or any commissioner of the revenue,
clerk, notary public, sheriff, or collector, or the sureties of
any of them, or against any officer or agent of any hank
or joint stock company, may also he instituted or made by
the Auditor of Public Accounts, in the circuit court of the
city of Richmond, the city of Norfolk, the county of
Wythe, or the county of Alexandria, after thirty days
notice in the case of such motion."
§ 2. This Act shall be in force from its passage.
4, 0
CHAPTER XXXIX.
An Act imposing taxes for the support of the Government for the year,
one thousand eight hundred and sixty-five.
Passed March 3, 1865.
§ 1. Be it enacted by the General Assembly of Virginia,
Enaeting«uns«. That no taxes be imposed on any persons or subjects, ex-
cept those hereinafter mentioned, the taxes wherein re-
spectively shall be as follows :
ON LANDS AND LOTS.
Lands and i.ots. On tracts of lands and lots with the improvements there-
on, not exempt from taxation, ten cents on every hundred
dollars value thereof; and herein shall be included all
tracts of lands and lots, with the improvements thereon,
not exempt from taxation, of incorporated companies,
savings institutions, and insurance companies.
ON TYTHABLES.
Ti-fhaw**. On every white male inhabitant who has attained the
age of twenty-one years, twenty cents.
ON LICENSES.
ORDINARIES.
§ 2. On a license to keep an ordinary or house of public
entertainment, thirty dollars ; and if the yearly value of
such house and furniture exceeds one hundred dollars, the
tax shall be forty dollars; and if the yearly value thereof
exceeds two hundred dollars, there shall be added to the
last mentioned sum twelve per centum on so much thereof
as exceeds two hundred dollars.
ACTS OF THE GENERAL ASSEMBLY.
HOUSES OF PRIVATE ENTERTAINMENT.
§ 3. On a license to keep a house of private entertainment
or a private boarding house, five dollars; and if the yearly
value of such house and furniture exceeds fifty dollars, and
is less than one hundred dollars, there shall he added to the
last mentioned sum eight per centum on so much thereof
as exceeds one hundred dollars. But no house shall he
deemed a private boarding house with less than five
boarders.
EATING HOUSES.
§ 4. On every license to keep a cooking shop or eating
house, fifteen dollars ; and in addition thereto twelve per
centum on so much of the yearly value thereof as exceeds
one hundred dollars.
BOWLING ALLEYS AND BILLIARD TABLES.
§ 5. On every license permitting a howling alley or sa-
loon to he kept for a year, fifty dollars ; provided that if
there be more than one such alley kept in any one room,
fifty dollars each shall be charged for the excess over one
table, provided that if such billiard table,.bowling alley, or
saloon is not kept open more than four months in any one
year, the taxes thereon shall be only one-half of these
rates.
BAGATELLE TABLES.
§6. 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.
§7. On every license to a keeper of a livery stable, sev-
enty-five cents for each stall thereof ; and therein shall be
included as stalls, such space as may be necessary for a
horse to stand, and in which a horse is, or may be kept.
DISTILLERIES.
§ 8. On every license to the proprietor of a distillery, if
a beginner, the tax shall be fifteen dollars; and if said dis-
tillery is to be kept in operation as much as four months in
the year, the -tax shall be -twenty-five dollars ; if for six
months, thirty dollars; if for nine months, forty-live dol-
:>o
ACTS OF THE GENERAL ASSEMBLY.
lars; and if sucli distillery lias been kept in operation as
rnucli as four months in the year next preceding the time
of obtaining such license, the proprietor thereof shall pay,
m addition to the tax imposed on beginners, four-tenths of
one per centum on the amount of sales of such distillery for
the twelve months next preceding the time of obtaining
such license; provided that no taxes shall be required of
persons distilling not exceeding twenty-five gallons in any
year for their own consumption.
MERCHANTS.
§ 9. On every license to a merchant or mercantile firm,
where a specific tax is to be paid, forty-five dollars ; pro-
vided that, if the capital employed by said merchant or firm
be shown by affidavit to be less than five hundred dollars,
the tax to be paid shall be eight^dollars ; but this provision
shall not authorize any such person to sell wine, ardent
spirits, or a mixture thereof; and when the tax is in pro-
portion to the sales, if the taxable sales shall be under one
thousand and one dollars, the tax shall be fifteen dollars ;
if one thousand and one and under fifteen hundred dollars,
eighteen dollars ; if fifteen hundred dollars apd under
twenty-five hundred dollars, twenty-four dollars ; if twenty-
five hundred dollars and under five thousand dollars, thirty-
six dollars ; if five thousand and under ten thousand dol-
lars, fifty-seven dollars J if ten thousand and under fifteen
thousand dollars, seventy-two dollars ; if fifteen thousand
and under twenty thousand dollars, eighty-four dollars ; if
twenty thousand and under thirty-thousand dollars, one
hundred and five dollars ; if thirty thousand and under
fifty thousand dollars, one hundred and fifty-six dollars ; if
over fifty thousand dollars, eight dollars for every ten thous-
and dollars excess over the said sum uf fifty thousand dol-
lars.
MERCHANTS' PERMISSION TO SELL LIQUORS.
§ 10. And in every case in which the license to a mer-
chant or mercantile firm includes permission to sell wine,
ardent spirits, or a mixture thereof; porter, ale, or beer,
by wholesale and retail, or by retail only, if such merchant
or firm (commencing business for the first time,) sell by
wholesale and retail, Or by retail only, thirty dollars; and
if such license be to a merchant or mercantile firm to con-
tinue the privilege of selling wine, ardent spirits, or a
mixture thereof; porter, ale, or beer, if by wholesale and
retail, or by retail only, the tax shall be three-fourths of
one per centum on the amount of such sales for the year
ACTS OF THE GENERAL ASSEMBLY.
51
next preceding the time of obtaining such license, in addi-
tion to the specific tax imposed on beginners ; hut such
sales shall not he estimated in ascertaining the amount of a
merchant's license.
MERCHANT TAILORS, LUMBER MERCHANTS, ICE and FUEL DEALERS-
§ 11. Merchant tailors, lumber merchants, dealers in
coal, ice or wood, shall obtain license as merchants, and he
assessed and taxed thereon as other merchants are by the
preceding sections of this act, and shall he subject to like
penalties for conducting such business without a merchant's
license.
COMMISSION OR FOWARDING MERCHANTS, TOBACCO AUCTIONEERS
OR SHIP BROKERS.
§ 12. The tax on every license to commission merchant,
tobacco auctioneer, or ship broker, shall be thirty dollars,
if commencing business ; and if to continue such business
after the same has bee n carried on for a year, the tax on
such licence shall be one and one-half per centum on the
amount of commissions received ; and this tax shall be in
addition to such tax as may be imposed on a license to such
merchant or firm to sell any goods, wares, or merchandize.
. AUCTIONEERS.
§ 13. On every license to an auctioneer or vendue master
commencing business, ten dollars ; and if the place of busi-
ness be in a town containing a population of three thousand
inhabitants, twelve dollars ; if the population exceeds three
thousand, an additional tax of five dollars for every thou-
sand persons above that number, and at that rate for any
fractional excess less than one thousand ; and said specific
tax shall in no case exceed three hundred dollars. On
every license to an auctioneer who deals exclusively in real
estate, one hundred dollars, and he shall have the right to
sell real estate at auction or otherwise. On every license
to an auctioneer or vendue master to continue the business
after the same has been carried on tor a year, three-fourths
of one per centum on the amount of the taxable sales of
such auctioneer or vendue master, but in no case shall the
tax on such sales exceed seven hundred and fifty dollars :
Provided, the tax to be paid by auctioneers for the sale of
molasses and sugar, shall in no case exceed four hundred
dollars for such sales ; but the tax on sales of other articles
shall not be effected by this provision.
52
ACTS OF THE GENERAL ASSEMBLY.
SAMPLE MERCHANTS.
§ 14. On every license to a person selling goods by sam-
pie, card, or otherwise, except at some store-house or place
of trade, two-hundred dollars ; hut such sales made at such
store-house, shall subject the person doing business at such
store-house to the tax required to be paid by a merchant.
PATENT RIGHTS AND PATENT MEDICINES.
§15. On every license to sell or barter patent rights,
twenty dollars ; patent, specific or quack medicines, if bv
wholesale, forty dollars ; if by retail only, twenty dollars,
unless he have a merchant's license.
AGENTS FOR HIRING HOUSES.
§ 16. On every license to a person engaged in renting
houses as a regular business, twenty dollars.
STALLIONS.
§ 17. On every license to the owner of a stallion or jack-
ass, for the service of which compensation is received, twice
the amount of such compensation, when the charge is for
such service by the season ; and where such services are for
less than a season, then twice what a commissioner may
judge to be a reasonable charge therefor. The tax, how-
ever, in no case to be less than ten dollars.
THEATRICAL PERFORMANCES, SALE OF REFRESHMENTS
IN THEATRES.
§ 18. On every license permitting theatrical performances,
public show, concert or other performances in a public
theatre or elsewhere, six dollars lor each week of such per-
formances.
§ 19. On every license permitting the sale of refresh-
ments in a theatre during such performances, seventy-five
dollars for such place of sale, and no abatement shall be
made if the privilege be exercised for a period less than one
year.
PUBLIC ROOMS AND SHOWS.
§ 20. On every licensepermitting theproprietoror occupier
of any public room fitted for public exhibitions, to use the
same for such purpose for a year, fifteen dollars, if such
room be in a town of less than five thousand inhabitants ;
thirty dollars, if in a town of more than five thousand and
less than ten thousand inhabitants ; and forty-five dollars
ACTS OF THE GENERAL ASSEMBLY.
in all other towns ; and in addition to these rates shall be
■added to said license tax thirty cents on every hundred dol-
lars value of such rooms or buildings, provided such rooms
or buildings, are not otherwise assessed.
§ 21. On every license permitting any public show, ex-
hibition, or performances, except where held in a room
licensed under the preceding section of this act, if within
a corporate town, or if within five miles thereof, for each
time of performance, ten dollars ; if elsewhere, five dollars ;
and for every exhibition of a circus, if within a corporate
town, or within five miles thereof, thirty dollars; if else-
where, fifteen dollars ; and for every exhibition of a mena-
garie, if within a corporate town, or within five miles
thereof, thirty dollars; if elsewhere fifteen dollars. All
such shows, exhibitions and performances, whether under
the same canvas or not, shall be construed to require a
separate license therefor ; and upon such shows, exhibitions
and performances being concluded, so that an additional
fee for admission be charged, the same shall be construed
to require an additional tax therefor.
PORTER, ALE AND BEER.
§ 22. Qn every license to sell by retail, porter, ale or
beer, where in a city or town, the population of which is
over eight hundred, fifteen dollars ; and all other places,
ten dollars ; and if they continue for more than one year,
an additional tax of three-fourths of one per centum on the
amount of taxable sales.
STOCK BROKERS.
§ 23. On every license to a stock broker who deals ex-
clusively in stocks, one hundred and eighty-eight dollars ;
and he shall thereupon have the right to sell such stocks at
auction or otherwise.
BANK NOTE BROKERS.
§ 24. On every license to a broker employing a capital of
ten thousand dollars, or a less sum, two hundred dollars ;
on all sums over ten thousand dollars, two per centum on
the capital employed.
FOREIGN INSURANCE COMPANIES.
§ 25. On every, license to an agent or sub-agent, of any
insurance company not chartered by this State, fifty dol-
lars ; and,in addition thereto a tax of one per centum on
54
ACTS OF THE GENERAL ASSEMBLY.
the whole amount of premiums received and assessments
collected by such agent, or sub-agent, or company within
the State, as prescribed by law.
PHYSICIANS, DENTISTS AND LAWYERS.
§ 26. On every license to a physician, surgeon, or dentist,
five dollars ; and on every license to an attorney-at-law, five
dollars. If the income derived from the practice of any
such calling or profession during the year next preceding
the time of obtaining such license shall exceed four hun-
dred dollars, there shall be an additional tax, on the excess,
of three-fourths of one per centum, and this income shall
be included in the license tax.
DAGUERREAN ARTISTS.
§ 27. On every license to the owner of a daguerrean or
such like gallery by whatever name it may be called or
known, if in a city or incorporated town of less than one
thousand inhabitants, ten dollars ; if more than one thou-
sand inhabitants, thirty dollars ; if elsewhere, eight dol-
lars ; and if the yearly income derived from the practifce of
such art exceeds five hundred dollars in any county, city,
or town, an additional tax of one and one-half per centum
on such excess, for the year next preceding the time of ob-
taining such license; and such tax shall be imposed whether
an artist perform in a gallery or not.
EXPRESS COMPANIES.
§ 28. On every license to a person or company carrying
on an express business for compensation, forty dollars; and
in addition thereto, every such company shall make a re-
turn to the Auditor of Public Accounts, on the fifteenth
day of January and July in each year, of the total receipts
of such company, on account of its operations within the
State of Yirginia within the six months preceding the first
day of January and July in each year. Such returns shall
be verified by the oaths of the agents and chief officers of
such company, at its principal office or offices, in this State,
in the manner and according to the form prescribed by the
said Auditor, whether collected within or without the State.
Such express companies shall pay on the total receipts so
reported, a tax of four-tenths per centum, except for the
transportation of bank notes, for which the tax shall be
one-eighth of one per centum on the amount of bank notes
transported over one hundred miles at any one time,- except
notes sent by banks and sheriffs of this Commonwealth ;
and for failure to make such report, or pay such a tax, pen-
ACTS OF THE GENERAL ASSEMBLY.
alty of six hundred dollars shall he imposed on the com-
pany so failing, to he recovered as other penalties are:
Provided, however, that no license to carry on the express
business shall authorize any such company to do the busi-
ness of a broker.. Such license shall give the privilege
throughout the State.
§ 29. No express company shall pay any tax on hank
notes forwarded for any resident citizen of this Common-
wealth, unless he he a broker dealing in hank notes.
BANK DIVIDENDS.
§ 30. On the dividends declared hy any hank incorpora-
tecl hy this State, the tax shall he five per centum upon the
amount thereof, to be paid into the treasury hy the hank.
If the dividend he that of a hank incorporated elsewhere,
the tax shall he five per centum upon the amount thereof,
to be assessed and collected as other taxes.
ON SUITS.
§ 31. When any original suit, attachment, or other ac-
tion is commenced in a circuit, county, or corporation
court, there shall he a tax of one dollar; if it he an appeal,
writ of error, or supersedeas in a district court, two dollars;
and if in the court of appeals, two dollars and fifty cents.
ON SEALS.
§ 32. When the real of a court, notary public, or the
seal of the State is annexed to any paper, except in those
cases exempted hy law, the taxes shall be as follows : For
the seal of the State, two dollars ; for the seal of a oourt,
fifty cents; and of the like sum for the seal of a notary
public, except in cases of protest of bills or notes for one
hundred dollars or smaller sums, and herein shall he inclu-
ded a tax on a scroll annexed to a paper in lieu of an
official seal.
ON WILLS AND ADMINISTRATIONS.
§ 33. On the probate of every will or grant of admin-
istration there shall he a tax of one dollar.
DEEDS.
§ 34. On every deed admitted to record, whether'the same
has been recorded before or not, there shall he a tax of one
dollar ; hut where the value of the property embraced in
the deed shall be valued under one thousand dollars, the
tax shall be fifty cents.
ACTS OF THE GENERAL ASSEMBLY.
INTERNAL IMPROVEMENT COMPANIES.
§ 35. Every railroad company or canal company shall
hereafter report quarterly on the 15th day of March, June,
September, and December in each year, to the Auditor of
Public Accounts, the number of passengers transported,
and the aggregate number of miles traveled by them within
this Commonwealth, the gross amount received by such
company for transportation of freight over such road or
canal, or any part thereof, during the quarter next pre-
ceding the first day of the month in which such report is
made, Such company, whose road or canal is only in part
within the Commonwealth, shall report as aforesaid such
portion only of such amount received for the transportation
of freight, as the part of the said road or canal which is
within this Commonwealth hears to the whole of such road
or canal.
§ 36. Such statement shall he verified by the oaths of the
President and the Superintendent of Transportation, or
other proper officer. Every company failing to make such
report shall he fined five hundred dollars. At 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 every mile of transportation of each of such
passengers, and a tax of one-third of one per centum of
such gross amount received for the transportation of freight.
Every such company, paying such taxes, shall not he as-
sessed with any tax on its lands, buildings, cars, boats, and
other property, which they are authorized to hold or have.
But if such company fail to pay such taxes at either of the
times specified therefor, then its lands, buildings, cars,
boats, and other property shall be immediately assessed,
under the directions of the Auditor of Public Accounts, by
any person appointed by him for the purpose, at its full
value, and a tax shall be at once levied thereon as on real
estate and other property, to be collected by any sheriff
whom the Auditor may direct, and such sheriff shall sell
and distrain any .personal property of such company, and
pay such taxes into the treasury within three months from
the time when such assessment is furnished to him.
SALE OF HORSES FOR PROFIT.
§ 37, On every license to buy or sell for others on com-
mission, or for profit, horses, mules, asses and jennets, cat-
tie, sheep or hogs, ten dollars.
ACTS OF THE GENERAL ASSEMBLY.
57
CARRIAGES AND OTHER VEHICLES.
§ 33. On every license to sell carriages, buggies,
barouches, coaches, gigs, wagons, and such like vehicles
manufactured out of this State, forty dollars in each county
or corporation.
ON INCOMES AND FEES.
§ 39. On the income or fees received during the year pre-
ceding the first day of February of each year, in the con-
sideration of the discharge of any office or employment in
the service of the State, or of any corporation, or in the
service of any company, firm, or person, or derived from
any other source, except where the service is that of a
minister of the gospel, three-fourths of one per centum if
the sum be more than two hundred and fifty dollars and
not more than five hundred dollars ; one per centum if the
sum be more than five hundred dollars and not more than
a thousand dollars ; and one and one-half per centum if the
sum be over one thousand dollars. The tax payable under
this section by an officer of the government receiving a
salary out of the treasury, shall be deducted at the time the
salary is audited and paid. All income or interest, not by
this act otherwise taxed, shall he considered as income un-
der this section.
CHAPTER XL.
An Act providing for Voting by Ballot.
Passed March 3, 1865.
§ 1. Beit enacted by the General Assembly, That it shall Ballot-boxes, by
be the duty of the Sheriffs of the Counties and Corpora-whom Procureii-
tions, as soon after the passage of this Act as practicable,
to procure a sufficient number of boxes, of suitable size
and construction for ballot-boxes, and shall deliver one to t0 whom de-
each Board of Election Commissioners for each electionllyered-
recinct in his county or corporation, as soon as they shall
e appointed for the first election after the passage of this
act. Said ballot-boxes shall he constructed in a substan-
tial manner, and furnished with a lid and iron hinges, and
lock, so as to be closed and securely fastened, and with an
opening of proper size to admit the ballots as hereinafter
provided for. The cost of such boxes shall be chargleable
to each county or corporation whose officer has procured the
same, and paid out of the first county or corporation levy
make thereafter. If any Sheriff shall fail to perform the Penalty* on the
duties as aforesaid, or perform them in a negligent or im-giheecVoffduty'iu
proper manner, he shall be fined for the use of the Com- Pro°uring.
53
ACTS OF THE GENERAL ASSEMBLY.
monwealth in a sum not exceeding fifty dollars at the diV
cretion of a jury. In counties or corporations where there
By whom pro- is no Sheriff elected and qualified under the Restored Gov-
LUnodsherfffofra ernment of Virginia, the Commissioner or persons appoint-
county. eq to superintend the election for the county or corporation,
shall perform all the duties required by this section, of a
Sheriff, in a like manner, shall he subject to the same
penalty, and be paid in the same way. Each ballot-box
In whose cus after being used shall he delivered to the magistrate re-
kept.b°xes 10 bisiding nearest to the place of voting where it shall have
been used, or to one of the Commissioners, and shall re-
main in his custody until required for another election,
when he shall deliver the same to the Commissioners of
election appointed for said precinct, to he again placed after
the election in the custody of the nearest residing magis-
trate, or a Commissioner as aforesaid. The County or Cor-
poration Court may, from time to time, as needful, cause
How repaired, repairs to he made to said ballot-boxes, or new ones sub-
stituted of like construction and the cost paid out of the
county or corporation levy.
§ 2. It shall be the duty of the Secretary of the Com-
monwealth as soon as practicable after the passage of this
Envelopes, by Act, to cause to be prepared a sufficient number of enve-
fured howto'be l°Pes uniform size, color and appearance, having no
waexdense to writing, printing, mark, sign or device thereon, and of a
bepaid?jense suitable size to contain each a single ballot, and properly
gummed so as to be securely closed and sealed ; the expense
of which shall be paid out of the public treasury. The
By whom to be said Secretary shall keep constantly in his office a sufficient
whosearequ°si- supply of such envelopes for the votes of his Common-
i!hedt°be furn wealth, and shall upon the order of the Clerk of any county
or corporation Court of this Commonwealth, stating that a
certain number of envelopes is requisite for an election to
be held on a certain day in his county or corporation, for-
ward the required number to the Clerk making the requisi-
tion, at least fifteen days prior to the said election, and it
Duty of county shall be the duty of the Clerks aforesaid to make out and
cierk8.°rporatlon transmit the said requisition at least thirty days before the
incaseofvacan-said election for which the envelopes are required. In
cferk °imwfurn-coun^es or corPora^on8 where no Clerk of the county or
i»bed. corporation Court shall be elected and qualified under the
Restored Government of Virginia, the Secretary shall for-
ward, as soon as practicable, to the Commissioner ap-
pointed to superintend any election ordered in any county
or corporation, a number of envelopes sufficient in his
judgment for the use of the voters thereof. When the Clerk
How clerks to or Commissioner of the county or corporation shall receive
lopesbu'° enve"the envelopes as aforesaid, he shall, without delay, deliver
ACTS OF THE GENERAL ASSEMBLY.
59
or forward by some safe conveyance a sufficient number to
the Commissioners of elections of each precinct or place of
voting in his county or corporation for the use of the voters.
Any Clerk or Commissioner of a county or corporation who penalty,
shall fail to perform the duties required by this section
shall be fined, for the use of the Commonwealth, a sum
not exceeding one hundred dollars at the discretion of
a jury.
§ 3. At any election, before any votes are received, the
ballot-box shall be examined by all of the Commissioners Examination of
appointed and qualified to superintend the election at the ballot-b°*-
precinct, to see that nothing is contained therein. It shall
then be closed and locked, and shall not again be unlocked
or opened until the polls shall be declared by the Commis-
sioners to be closed. Every voter shall enclose his ballot Manner of re-
in one of the envelopes, which shall, on the day of theceiving votes-
election, and not before, be furnishod him by the Commis-
sioner, and in no other, and having securely closed and
sealed the same, shall hand it to the Conductor, who'shall
examine it on the outside, and if there be no writing,
printing, mark, sign or device thereon, shall deposit it in
the ballot-box through the opening provided for the pur-
pose. The voter shall, at the same time, declare his name, Begisters
which shall be repeated by the Conductor, and recorded by
the writer or writers in the register or registers which shall
be kept of the voters.
§ 4. Immediately after the polls shall be declared closed,
the register shall be inspected by the Commissioners, and Examination of
the number of persons who have voted ascertained, and the connung^en
ballot-box shall then, and not until then, be opened in theveiopes.
presence of the Commissioners, or a majority of them, the
Conductor, and the writer or writers, and they shall immedi-
ately proceed to count the envelopes. If the number of en- Manner of equal-
velopes found in the box shall be found to exceed the register-
ed number of voters, then the whole shall be replaced in the names, at d the
ballot-box, and after the same shall be well shaken, the Con- veiopesr.of en
ductor, being blindfolded, shall draw therefrom a sufficient
number of envelopes to reduce the same to a number equal
to the number of persons registered as having voted, and
the envelopes so drawn out shall, without being opened, be
immediately destroyed by burning. The Commissioners
shall then proceed to open and examine the envelopes and counting of tha
ballots contained therein, and declare the names of thevotes"
persons for whom the same are given, for the office indica-
ted on the ballot; or the subject voted upon ; and the writer
or writers shall record the same. If any envelopes shall Envelope con-
be found to contain more than one ballot, then none of the ^LnoneToTe.
GO
ACTS OF THE GENERAL ASSEMBLY.
said ballots so contained shall be counted or recorded, but
shall be immediately destroyed. When the examination,
counting and recording as aforesaid shall be completed, the
Commissioners shall declare the result, and together with
o-rMficate of the Conductor, shall append their certificate or certificates
rot<,s' on oath to the register or registers, of the ballots counted
in the following form, to-wit: We, A. B., C. D., E. F.,
Commissioners, and G. H., Conductor of election for
precinct, in the county or corporation of , State of
Virginia, having been duly sworn according to law, do
certify that we have examined and counted all the ballots
received at an election held at this precinct the day of
186 , except those rejected according to law, and
that we have in all respects complied with and enforced all
the laws in force in this State relating to voters and voting,
and we further certify that the above is a true and correct
record of all the votes lawfully received, and none others,
with the above result.
G. H., Conductor.
A. B., 1
C. D,, > Commissioners.
E. F., )
The returns so certified shall in all other respects con-
form to existing laws in reference thereto, and not incom-
patible with this Act; and all laws relating to elections,
commissioners of elections, conductors and writers, and
their qualifications shall remain in force and apply to
Repealing clause elections held in the manner provided for by this Act, so
far as not incompatible therewith ; and all that are incom-
patible with the same are hereby repealed.
§ 5. When from any cause now provided for by law, the
Provisions for election shall be continued for more than one day, the bal-
?ion more'thaln0 l°t~box with its contents shall, when the election is ad-
one day. journed, be delivered to one of the Commissioners, to be
designated by the others, for safe keeping during the ad-
journment, who shall take the following oath, to-wit: "I
do solemnly swear that I will faithfully keep the ballot-b^x
and contents, that I will not place anything therein or ab-
stract anything therefrom, nor suffer any other person to
do so, nor to have possession thereof, and will have the same
at this place to-morrow at o'clock, , all of which I
will perform Jo the best of my skill and ability, so help me
God." This oath may be administered by any of the other
Commissioners if there be no Justice of the Peace present.
ACTS OF THE GENERAL ASSEMBLY.
61
§ 6, If any commissioner of election, conductor or
writer, shall by fraud or force tamper, or attempt to tamper p^Uy^?[utat^
with the ballot-box, for the purpose of introducing illegal ballot box by
ballots therein or of abstracting ballots therefrom, or shall co™duotor°orr'
change the record of either the voters or ballots, or shall w"161--
wilfully make a false return thereof, he shall be fined, upon
conviction thereof, not exceeding the sum of one thousand
dollars, and shall be imprisoned in the penitentiary for not
less than one year nor more than five years; and if any
other person shall commit any of the offences enumerated Penalty for the
in this section, he shall be fined a sum not exceeding five any otb^TpersoB
hundred dollars, and be imprisoned in the county jail for
a term not exceeding one year nor less than six months.
If any such commissioner, conductor or writer, or any
other person whomsoever, shall unlawfully by force, or in Penalty for de-
any other way, break, abstract, take, carry away, conceal i,orx>lng a
or otherwise destroy or make way with any such ballot-
boxes, or any register as aforesaid, or in any manner aid or
abet in so doing, he shall be fined in a sum not exceeding
one thousand dollars, and be imprisoned in the penitentiary
not less than one nor more than five years.
§ 7. This Act shall take effect on the first day of February, Commencement,
one thousand eight hundred and sixty-six, .but may be
altered or amended by the General Assembly.
CHAPTER XLI.
An Act to incorporate the Elizabeth River Railroad Com-
pany.
Passed February 3, 1865.
§ 1. Be it enacted by the General Assembly of Virginia,
That R. E. Nash, "William H. Lockwood, Robert Ballanee, Persnns inC(fr.
Bartle Sykes, and William G. Webber, and such other per- ported,
sons as they may hereafter associate with them for the pur-
pose, be, and they are hereby incorporated as a body politic,
under the name and style of " The Elizabeth River Rail-
road Company," for the purpose of constructing a railroad
from a point at or near Kane's Landing, on the Elizabeth Terminus of
river, to a point at or near Bunch Walnut's Landing, on road-
the Northwest River. The said company shall have power Powers of th
to sue and be sued, implead and be impleaded, to make, company,
have and use a common seal, and to have and enjoy all the
right and privileges, and be subject to all the restrictions
imposed upon internal improvement companies by the fifty-
seventh and sixty-first chapters of the Code of Virginia.
But the said company may use wooden or iron rails on said
road as they may prefer.
'62
ACTS OF THE GENERAL ASSEMBLY.
capital stock. § 2. The capital stock of the said company shall not be
less than ten thousand dollars) nor more than twenty-five
thousand dollars, which shall be held in shares of one hun-
dred dollars each.
Affairs of com- § 3. The affairs of the said company shall be managed
manya'ge& Wh°m ky a board, to consist of a president and four directors, who
shall be annually elected by the stockholders, each person
having one vote for each share of stock held by him. The
officers, how president and directors shall hold their offices until their
iffi?e.toh°ld successors are elected, and a secretary, treasurer, and such
other officers as the by-laws of the company shall prescribe,
shall be appointed by the president and directors at their
first meeting after the annual election of the board, or
until their successors shall be appointed ; such officers shall
perform such duties and receive such compensation as
shall be prescribed in the by-laws of the company. The
Annual meet- annual meetings of the company shall be held on the first
ing*. (jay 0f JUne of each year, but if from any cause the meet-
ing shall not be held on that day, the meeting shall be held
on the first day of July next thereafter, when, if a majority
of shares shall not be represented, the stockholders present
shall adjourn from time to time until a sufficient number
of shareholders shall be present.
Power to con- § 4. The said company shall have power to construct
struct branches, branches fr0m their main road in any direction on either
side, the length of which branch roads shall not exceed
five miles.
Commencement. § 5. This Act shall be in force from its passage.
o
CHAPTER XLII.
An Act to Increase the Civil Contingent Fund.
Passed March 3, 1865.
§ 1 .Be it enacted by the General Assembly of Virginia,
That the,sum of seven thousand dollars be, and the same
is hereby appropriated, to be added to the civil contingent
fund, to pay for reorganizing counties in insurrectionary
Districts, and for other purposes.
§ 2. This Act shall be in force from its passage.
CHAPTER XLII.
An Act to Increase the Compensation of the Commissioners of
the Revenue in certain cases.
Passed March 3, 1865.
§ 1. Be it enacted by the General Assembly, That the
Commissioners of the Revenue of the several counties and
cities of this Commonwealth shall be allowed the sum of
ACTS OF THE GENERAL ASSEMBLY.
fifty cents, to "be paid out of the Public Treasury, for each
license issued by them, in addition to the fee now allowed
by law, and paid by the party to whom such license shall
he issued.
§ 2. This Act shall be in force from its passage.
o
CHAPTER XLIY.
An Act to authorize the settlement of the account of Cowing
& Gillis.
Passed March 3, 1865.
§ 1. Be it enacted by the General Assembly of Virginia,
That the Clerk of the House of Delegates, be, and he is
hereby authorized to settle the account of Cowing & Gillis
for newspapers furnished and advertising done by order of
the General Assembly during the present Session, and to
certify the same for payment to the Auditor of Public Ac-
counts, and that a sum sufficient for such payment he and
the same is hereby appropriated.
§ 2. This Act shall be in force from its passage.
o
CHAPTER XLV.
An Act to amend and re-enact the thiHy-seventh Section of
chapter one hundred and eighty-four of the Code of one
thousand eight hundred and sixty.
Passed March 3, 1865.
§ 1. Be it enacted by the General Assembly of Virginia,
That the thirty-seventh section of chapter one hundred and
eighty-four of the Code of one thousand eight hundred and
sixty, he amended and re-enacted so as to read as follows :
TO A JAILOR.
Ill a case of the Commonwealth for receiving a person in
jail when first committed, twent)-five cents; for keeping
and supporting him therein, for each day, fifty cents ; for
discharging him therefrom, twenty-five cents.
§ 2. This Act shall he in force from its passage.
o
CHAPTER XLYI.
An Act to restore certain rights to loyal men who were officers
of the Militia.
Passed March 6, 1865.
§ 1. Be it enncted by the General .Assembly of Virginia,
That the rights and privileges taken away by the first sec-
64
ACTS OF THE GENERAL ASSEMBLY.
tion of the third article of the present Constitution of Vir-
ginia he, and they are hereby restored to such officers con-
nected with militia regiments prior to the first day of July,
one thousand eight hundred and sixty-two, as shall afford
satisfactory evidence of their loyalty to the restored govern-
ment of Virginia, and who have not, since the said regi-
ments were disbanded, voluntarily given aid or comfort to
the enemies of this State or the United States.
§ 2. Provided, however, that the foregoing section shall not
be so construed as to apply to any one who has in any way
rendered voluntary aid or assistance to the rebellion since
the first day of January, one thousand eight hundred and
sixty-four, either in the service of any State, or the so-called
Confederate government.
§ 3. This Act shall be in force from its passage.
CHAPTER XLVII.
An Act to repeal the thirty-fifth section of Chapter one hurt-
dred and ninety-eight of the Code.
Passed March 6, 1865.
§ 1. Be it enacted by the General Assembly, That section
thirty-five of chapter one hundred and ninety-eight of the
Code, be, and the same is hereby repealed.
§ 2. This Act shall be in force from its passage.
o
CHAPTER XLVIII.
An Act to amend and re-enact the fifth section of the Act of
the present Session entitled "An Act imposing taxes for the
support of the Government for the year, one thousand eight
hundred and sixty-five."
Passed March 6, 1865.
§ 1. Beit enacted by the General Assembly of Virginia,
That the fifth section of the Act imposing taxes for the sup-
port of the Government for the year, one thousand eight
hundred and sixty-five, passed on the 3d day of March,
one thousand eight hundred and sixty-five, be amended and
re-enacted so as to read as follows:—On every license per-
Bowiintcaiiey or mitting a bowling alley or saloon to be kept for a year,
saloon. (j0p[arg • provided that if there be more than one such
alley kept in any one room, fifteen dollars each shall be
charged for the excess over one alley. On every license
Bijr.uni table, permitting a billiard table to be kept for a year, one hun-
dred dollars ; provided that where there is more than one
ACTS OF THE GENERAL ASSEMBLY.
such table kept in one room, fifty dollars each shall he
charged for the excess over one table ; provided, that if such
billiard table, bowling alley or saloon, is not kept open
more than four months in any one year, the taxes* thereon
shall he only one-half these rates.
§ 2. This Act shall be in force from its passage.
JOINT RESOLUTIONS.
JOINT RESOLUTION,
For the appointment of a suitable person to drcft and enrol Bills and Joint Resolu-
Hons.
Passed January 16, 1865.
Resolved, By the General Assembly, That, instead of the Committee Clerks
not authorized to be appointed, the President of the Senate and Speaker of the
House of Delegates, be authorized to appoint a competent person who shall per-
form the duties heretofore discharged by these Clerks, and shall engross and en-
rol all bills, and who shall also render such assistance as shall be required by
the Chairman of the respective Committee of the two Houses in the preparation
of bills, and that the person so appointed be allowed compensation at a rate not
exceeding the pay of a member of the General Assembly*.
Resolved, That the President of the Senate and the Speaker of the House of
Delegates, be authorized to allow for like services rendered since the first day of
the present month.
o
JOINT RESOLUTION,
In regard to Public Printing.
Passed
Resolved, That George Tucker, Clerk of the House of Delegates, Lewis W .
Webb, Auditor of the State, and W. W. Wing, Treasurer of Virginia, be and
they are hereby authorized to accept the terms of D. Turner, or make any other
arrangement for Public Printing as a majority of them may deem for the interest
of the Commonwealth of Virginia.
0
JOINT RESOLUTION,
regard to publishing the Acts of Assembly in a newspaper in Alexandria.
Passed December 15. 1864.
Resolved by the General Assembly, That the Clerk of the House of Delegates
be directed to have the laws and joint resolutions of the present Session pub-
lished in one newspaper issued in the city ot Alexandria, and that he furnish
correct copies of the same for such publication immediately upon their passage
respectively,
_o
JOINT RESOLUTION,
For the payment of Larkin Patton for services as Janitor.
Passed January 26, 1865.
Resolved, That the Clerk of the Senate, and the Clerk of the House of Dele-
gates, certify from time to time, to the Auditor of Public Accounts the claim of
Larkin Patton, for services as Janitor to the two Houses of the General Assent-
bly, at the rate of three dollars per day.
66
JOINT RESOLUTIONS.
JtilNT RESOLUTION,
For appointing a Joint Committee to prepare1 Joint Resolutions and Orders.
' Passed January '14, -1865.
1 Resolved, That h Committee of 'two be appointed by the President of the
Senate, to act in concert with a like Committee appointed upon the parti of the
House to frame Joint Resolutions and Orders of the two Houses.
o
JOINT RESOLUTION,
On the announcement of the death of Edward Everett.
Passed January 24, 1865.
Whereas, this General Assembly, in common with the loyal people of the
United States,, whqrever they are found, hare received with sincere grief the
news of the death' of E|\\^rdjEvetety*who&e( illustricpis (character as a put riot,
statesman and diplomatist, has rendered1 KiS fame the common* property of the
nation ; and, whereas, it is particulary appropriate that the State, which holds
the sacred ashes of Washingtotf7"$hcitiMr honor the memory of Everett—there-
fore,
Resolved by the Senate and House of Delegates of Virginia, That Virginia
mourns the death of Edward Everett, at this crisis of our country's destiny, as
a national calamity ; and her sors will honor his memory as that of one of
" the pure and disinterested benefactors of mankind."
Resolved, That the Governor of this Commonwealth, be, and is hereby re-
quested to transmit'a copy of these resolutions to the Executive of our sister State
of Massachusetts.
JOINT RESOLUTION, '
To authorize the removal of the seat of Government.
* ' Passed March 3.1865.
Resolved by the Senate and House of ^Delegates of Virginia, That the Gov-
ernor of this Commonwealth, be, and he is hereby, authorized to change the
seat of government of this State to Norfolk, or any other convenient place, in
the State, whenever in his opinion, the interests of the State would be p omoted
by such removal: Provided,-however, that nothing in this resolution shall be
so construed as to authorize the location Or continuation of the seat of govern-
ment at any other place than the city of Richmond, when the said city of Rich-
mond can be safely occupied as the seat of government of the State.
JOINT RESOLUTIONj
To appoint a Joint Committee to report upon the proposed amendments to the
Constitution of the United States.
Passed February 8, 1865.
Resolved, That a Committee of two be appointed by the President of the
Senate, to act in concert with a like Committee on the part of the House, to re-
port by Bill or otherwise, upon the proposed amendments to the Constitution.of
the United States. . ' '
J6INT RESOLUTION,
To appoint a Joint Committee fo investigate the manner in which the Public
Printing has been executed.
1 Passed December 8, 1864. t;
Resolved, That there be a Committee of one appointed on the part of the
Senate, to act in concert with two on the part of the House, to investigate the
mode and manner the Public Printing ha$ been executed, and whether the con-
tract has been complied with.
. -Q
JOINT RESOLUTION,
To refer a portion bf the Governor's'Message. i
* Passed December 12, 1864. *
Resolved, That, that portion of the Governor's message, which refers to the
JOINT RESOLUTIONS.
subject of tbe assumption of tbe payment of direct tax required by Congress to
be collected from insurrectionary districts; be referred to a Committee of eight,
five of which to,be appointed by the Speaker of the House, and three by the
President of the Senate, and that they have leave to report by bill or otherwise.
o
JOINT RESOLUTION,
For the election of Auditor and Treasurer.
I »/ I i kVibeXUMwU 11 M l / ;i A l.h
Resolved by the General Assembly, That the two Houses will proceed this
day, Wednesday, fourteenth inst., at twelve o'clock, M., to electa Treasurer
and an Auditor of Public Accounts.
_ o 1
JOiNT RESOLUTION,
To refer a portion of the Governor's. Message.
Passed January J2, 1865^
Resolved. That a Committee of three on the part of the House, together with
a Committee from the Senate, be appointed to take into consideration that part
of tne Governor's message, which refers to the suppression of Civil Govern-
ment by General Butler, in that part of the State' over which he has Military
Jurisdiction. '
,—o—
JOINT RESOLUTION,
To refer a part tf the Governor's Messagh.
Resolved, That the portion of the Governor's "message which refers to the legal
rate of interest in the State, be referred to a Joint Committee of five, three of
which to be appointed by tLe Speaker of the House, and two by the President
of the Senate ; and that they have leave to report by bill or otherwise.
t I 1..,, „ow—i—-
JOINT RESOLUTION,
For a Recess.
Passed December 16, 1864.
. Resolved, That the Legislature adjourn pver from Wednesday the 21st of De-
oember,,1864, to January £th, j865.
I O H—
^OINf RESOLUTION,
For the election of a United States Senator to serve six years from and after tM
3d day of March, 1865. <
Passed December 9, 1864.,
Resolved, That- the two Houses of the General Assembly will proceed to mor-
row at twelve o'clock, M., to electa Senator in the Congress of the United
States, to serve six years from and after tbe third day of March, 1865.
— o f—
JOINT RESOLUTION,
For the election of a United States Senator to fill the vacancy occasioned by the
death of the Hon. Jj. J. Bow den.
Passed December 7, 1864-
Resolved by the Senate and House of Delegates of Virginia, That the two
Houses will proceed on Thursday next, to elect a United S.ates Senator, to fill
the vacancy caused by the death of the Hon, L. J. Bowden.
T-+T-T O-l
JOINT RESOLUTION^
For adjourning sine die.
Passed March 2# 1865.
Resolved, That this Generat Assembly will adjourn sine die on Tuesday the
seventh instant, at twelve o'clock, M".
SEPARATE
Accomac — Court-house; Chingoteague:
New Church; Henry Hall's Store-house;
Mapp's ; Guilford ; Newstown ; Onancock ;
Pungoteage.
Albemarle—Court-House; Linday's Turn-
out; Everettsville; Stony Point; Rarleysville;
Blackwell's; Free Union ; Whitehall; Wood-
ville; Batesville;< Hillsborough; Crossroads;
Covesville; Porter's; Warren; Wingfield's;
Milton; Scottsville; Monticello House; How-
ardsville.
Alexandria—Five districts—identical with
magisterial districts.
Alleghany — Court-house; Robert Skeen's
Hotel; John O.Taylor's; Geo. Stull's; Clif-
ton Forge; Jabez Johnston's; Griffith's Mill;
Fork Run.
Amelia—At the same place as magisterial
elections.
Amherst—New Glasgow ; New Hope; Oro-
noco; Chestnut Grove; Folly; Temperance;
Pedlar Mills; Elon ; Court-house; Buffalo
Springs.
Appomattox—Court-house, Union Academy,
Wesley Chapel, Hamner's, Spout Spring, Oak-
ville.
Augusta — Court-house, W ay nesborough,
Middlebrook, Spring Hill, Mount Meridian,
Greensville, District No. 2 Staunton, Mount
Sidney, Stuart's Draft, Fishersville, Church-
ville, New Hope, Craigsville, Deerfield, Mount
Solon, Swoop's Mills, Midway, Newport.
Bath—Court-house, Cedar Creek, Hamil-
ton's, Cleek's Mills, Williamsville, Milton,
Green Valley.
Berkeley — Court-house, Billingre's Hotel,
Mill Creek, Hedgesville, Falling Waters, Rob-
inson's Mill, Gerrardstown, Oak Grove, Glen
Spring, Crossroads.
Botetourt—Court-house, Mountain Union,
Carver's, Buchanan, Rocky Point Mills, Jack-
son, Junction Store, Dibrell's Spring, Amster-
dam.
Brunswick—Court-house, Benton precinct,
Trotty's Store, Oak Grove, Lucy's Store,
Smoky Ordinary, Nicholson's precinct. 1
Buckingham—Court-house, Stanton's shop,
New Store, Wright's, Curdsville, Allen's.
Campbell—Places the same as tor magisterial
elections.
Caroline—Court-house, Reedy Church, Oak-
ley's, Need wood, Sparta, Pitts', Port Royal,
Sycamore, Golansville, Madison's.
PRECINCTS.
Carroll—Court-house, Polly Quesenberry's,
Thomas Quesenberry's, Laurel Fork, Kinney's,
Easter's, Newman's, Sulphur Springs, Richard
Haynes', Nathaniel Haynes'.
Charles City—Court-house, Delarue's, Ladd's,
Waddell's, Apperson's, Vaiden's.
Charlotte—Court-house, Keysville, Smith's
Tavern, Clement's, Wyliesburg, Roby's Shop,
Hawley's Store, Matthews & Smith's Store.
Chesterfield—Court-house, Britton's Shop,
Shell's Tavern, Manchester, Robinson's Store,
Clover Hill.
Clarke — Court-house, Russell's Tavern,
White Post, Millwood, Royston's Tavern, Col-
lier's Toll-gate.
Craig—Court-house, Carper's Tavern. Walk-
er's Store, Scott's Tavern, Martin Huffman's,
George Sarver's.
Culpeper—Court-house, Rixyville, Colvin's,
Stevensburg, Pottsville, Gatbright's Wells-
borough, Grinsburg.
Cumberland—Court-house, Tavern Precinct,
Oak Forrest, Irwin's.
Dinwiddu — Court-house, Billups', Good-
wynsville, Williams' Shop, Darvill's, Wil-
Hams', Sutherland's.
Elizabeth City—Court-house, Liveley's Ord-
inary, Fox Hill, Thomas Rowe's house.
Essex—Court-house, Occupacion, Lloyd's,
Miller's, Bestland, Centre Cross.
Fairfax—Court-house, Crossroads, Burke's
Station, Sangster, Ross', Bowden's, [Spring-
vale], Anandale, West End, Accotink, Centre-
ville, Falls Church, Fars, Pulman's.
Fauquier — Court-house, Plains, Salem,
White Ridge", Farrowsville, Orleans, Liberty,
Morrisville, Paris, New Baltimore, Rectortown,
Weaversville, Upperville.
Fluvanna—Court-house, Howard's Store,
Columbia, Morris' Store, Kent's Store, Haden's
Store, Bashan and Snead's, Bledsoe's, Union
Grove.
Franklin—Cpurtrhouse, Allen's, Union Hall,
Booth's Store, MeVey's Tanyard, Helm's,
Dickerson's Kinsey's, Richland ■ Grove, Bush's
Store, Sydnersville. Snow Creek, Aldridge's
Store
Frederick—Court-house, Engine-house,
Gwinn'B Tavern, Hoover's Tavern, Newtown,
Middletown,. Russell's, Anderson's, Bruce-
town, Swheir's, Cole's School-housei ..Rugh-
town.
SEPARATE ELECTION' PRECINCTS.
69
Giles—At the Same places as 'magisterial
elections, Howe's Hotel.
Goochland—Court-house, Little Store, Per-
kinsville, Smith's Shop, Mill's, Holland's,
Poor's, Jennings'. •
Gloucester—Places the same as for magiste-
rial elections. L
Greene—Court-house, Rqckersville, Tert-iJl
Shiflets's, McMullansville.
Greensville—Court-house, Ry land's Depot,
Blunt's Mill, Poplar Mount,
Halifax—Court-house, Meadesville, Mount
Carmel, Halifax Spring's, High Hill, Hudson's,
Garret's Store, Whiteville, Republican Grove,
Brooklyn,
Hanover—Court-house, Hughes', Jones'
Crossroads, Negrofoot, Pentoneville, Cold Har-
bor, Ashland.
Henrico-—Court-house, Kidd's Sweeney's,
Alley s, Lovingsteine's, Hickman's, Hughes,'
Walkerton, Hungary.
Henry—Court-house, Rough and Ready,
Irisburg, Oak Level, Reather\yood, Rplgevyay,
Horse Pasture.
Highland-Monterey, Ruckmansville, Wiley's,
Crab Bottom, Doe HRl, jllcDowell, Pullin's
School-house, Gwin's.
James City—Court-house, Burnt Ordinary,
York river.
Jefferson—Eight districts—Places the same
as for magisterial elections.
King George—Court-house, Hampstead, Clif-
ton, Shiloh.
King $ Queen—Court-house, Clark's Store,
Stevensville, Newtown, Centreville.
King William—Court-house, Plain Dealing,
Aylett's, Lanesville.
Lancaster—Court-house, Litwalton, Kilma-
nock, White Stone.
Loudoun—Court-house, Waterford, Lovets-
ville, Hillsborough, Waters', Purcell's Store,
Snickersville, Union, Middleburg, Mt. Gilead,
Gum Springs, Whaley's, Goresville.
Louisa—Court-house, Free Union, Hopkins'
Mill. Trevillian's, Bell's Crossroads, Walton's
Tavern, Terrill's Store, Parrish's Store, Fred-
ericshall, Bumpass' Turnout, Thompson's
Crossroads, Isabell's Store, Hope', Tavern,
Gentry's Store, Cosby's Tavern.
Luenburg Court-house, Brown's store,
Pleasaut Grove, Knight and Oliver's Mill,
Lochlomond, Bagley's Store, Jordon's Store.,
Madison—Court-house, Stony Hill, Criglers-
ville, Huffman's Mill, Graves' Mill, Rapidan
Meeting-house, Fleshman's Shop, Locust Dale.
Matthews—Same place as for magisterial elec-
tiOHS:
Mecklenburg—Court-house, Jones', Edmund-
sou's,Clarkesville, Reeke's,Overby's, Wright's,
Harwell's, Christiansville, Gillespie's.
Middlesex—Jamaica, Saludo, Sandy Bottom.
Montgomery—Court-house, Guerrant's, Pe-
termanj's, Price's, Forks, Keister's, Crumpack-
ers, Lafayette, Kent and McConkev's, Rough
and Ready, Lovely Mount.
Nansemohd—Court-house, Hargrove's Tav-
ern, Harrison's Shop, Hollyneek, Chuckatuck,
Somerton, Darden's Store, Cypress Chapel.
Nelson—Fortune's, New Market, Falter's
Mill, Greenfield, Masgie'S Mill, Roberts^.
New Kent — Court-house, Barhamiville,
Chandler's Siore^RatclifPs Tavgra.
- Norfolk City—Four Wards.
Norfolk County—Gourt-bouse, Glebe School-
house, Sycamore's, Deep-Creek, School-house
District No. 2, School-house in Providence,
Pleasant Grove School-hottse, Butts' Road
School-house.
Northampton Cout-housc, Bay Vie to,
Fraulctown, Johnstown, Cape ville.
Northumberland—Court-house, Lottsburg,
Burgess' Store, Wicomoco.
Nottoioay—Gourt-house, Jennings' 0rdinary,
Wilson and Jones', Blaekfare.
Orange--Odurt-house, Barboursville, Thomas
Smith's, Thomas Rhoade's, Locust Grove.
Page—Court-house, Honeyville, Oakham,
George Price'S Mill, Springfield, Mohler's
Mill, Rileysville, Prunty's Mill. 1
Patrick—Court-house, Robertson's, Al-
dridgers and Lee's, Penri's Store, Carter's
Store, Hancock's, Elamsville, Slucher's, Con-
nor's, Shilcr's, Gates', Mankin's.
Petersburg—Centre Ward, East Ward, South
Ward, WestWard.
Pittsylvania,—Court-house, Danville, Spring
Garden, Whitmell. Cascade, Smith's, Beaver's,
Raceville, Rorer's, Strait's Store, White's,
Laurel Grove, Chalk Level, Mooman's.
Powhattan—Court-house, Clark's Mill, Ma-
con, Sublett's.
I*rincess Anne,—Court-house, Kempsville,
London Bridge, Capp's Shop, Creed's Bridge,
Blackwater.
Prince Edward—Court-house, Marble Hill,
Spring Creek Prospect, Farm ville, Sand}'
River.
Prince George—Court-house, City Point,
Lilley's School-house, Tuttle's Precinct, Harri-
son's Store, Templeton.
Prince William—Dumfries, Cole's, Occo-
quan, Reeve's. Brentsville, Kinchelon s, Hayj
market, Ludley.
Pulaski—CourtRouse, Brown's, Galbreath's,
Ruper's, Thorn Spring Camp.
Rappahannock — W ashington, Sperry ville,
Yates', Amissville, Catharine, Deatheridge.
Richmond City—Jefferson Ward, Madison
Ward, Monroe Ward.
Richmond County— Court-house, Stony Hill,
Tavern-house, Farnham, Church, Lyell's Store
Roanoke—Court-house, Big Lick, Cavi
Spring, Barnett's.
Rockbridge—Courthouse, Brownsburg, Fair-
field, Natural Bridge, Collierstown, Keer's
Creek, Trevey's, Hamilton's School-house,
Paxton's School-house, Wilson's Shop, Broad
Creek, Goshen.
SERARALE ELECFttoiT PRECINCTS.
Rockingham ■*- Harrisonburg, Reezletown,
McGabeysville, Conrad's Store. Spartapolis,
ITenton's Mills, Gordon's Store, Bowman's
Mill, Timberville, Menonite School-bouse,
Bridgewater, Ottobine, Wittig's Store, Sprin-
kle's Store, Taliafearo's Store, Port Republic,
Mount Crawford, Samuel Coot's.
Russell—Court-house, Grizle's, Pound,
Holly Creek, Guest's Mountain, Castlewood's
Fugate's, Hanson's, Aston's Store, Cook's
Mills, Dorton's, Baylor's Store, Gibson's,
Hendrick's Store.
Seott Court-bouse, Wineger's, Hart's,
Smith's, Puilleng's, Nickelsville, Alleys, Os-
home's Ford, Stony Creek, Peters', Rye Cove,
Carter s, Neil's, Roller's.
Shenandoah—Court-bouse, Strasburg, Cross-
roads Meeting-house. Conner's Church, Town
Hall, Keller's School-house, Edinburg, Colum-
bia Furnai-e, Mount Jackson, Crossroads
School-house, New Market, Forrestville.
Smyth—Court-house, Broad Ford, Hays'.
Sanders', St. Clair's Bottom, Burton's Store,
Ashlin's, Atkins'.
Spottsylvania—Courtrhouse, Fredericksburg,
Mount Pleasant, Andrew's, Chancellor's.
Stafford—Court-house, White Oak, Master's,
Taokett's Mill, Falmouth, Coakley's, Har-
wood's, Aoquia.
Southampton—Court-hotisd, DreWtysVille,
Crosskeys, Joyner's, Murfee's, Black' Creek
Church, Berlin, Faison s Store.
Surry—Four districts—At the same places
as for the election of Magistrates.
Sussex—Courtrhouse, Comann'sMill, Henry,
Stony Creek, Newville, Owen's Store.
Tazewell—Court-house, Repass,' Tiffany's,
Mouth of Slate, Gibson's, Crab trees, Litze-
ville, Liberty Hill, Tugg.
Warren—Court-house, Boyd's Mill, Benton-
ville, -Leary's School-house, Cedarville, How-
ellsville.
Warwick—Three precincts—The same as fot
election of magistrates.
Washington—Court-house, Clark's, Davis',
Waterman's, Merchant's, Gobble's Mills, Wor-
ley's Williams', Morrell's, Fullen's School-
house, Clark's, Kelley's School-house, Delusko
Mills. Ons', Miller's, Good Hope, Green Spring.
Westmoreland—Court-house, Hague, War-
rensville, Oak Grove.
Williamsburg—Court-house.
Wythe—Eight districts—Precincts at same
places as for election of magistrates.
York—Three districts—Precincts at the pirn-
ces as lor election of magistrates.
A TABLE
Showing the Times for the Commencement of the Regular Term of each
Circuit and Corporation Court.
Circuit Courts,
When terms commence.
Circuits.
1st Monday in May, and 1st
day of November.
2nd Monday in May and Oct.
3d Monday in May and 2nd
Monday in Nov.
9th of April and Sept-mber.
25th April and 20th Oct.
22d of March a'd August.
21st April and September,
1st June and 1st November.
15th May and October
25th April and September.
24th April and September.
26th May and October.
27th March and 2d October.
5th April and September.
18th May and October. |
1st March and 18th Sept. •
County and corpora-
tion courts, monthly
terms.
Last Monday.
First Monday.
Fourth Monday.
Third Monday.
Fourth Monday.
Third Monday.
Thursday after
Monnay.
Fourth Monday.
Second Monday.
Fourth Monday.
Second Monday.
Second Monday.
Fourth Monday.
! Second Monday.
Second Monday.
jSecond Monday.
first
County and corporation courts.
Quarterly terms.
Monday before last Monday |
in March and August [First Monday.
18th May and November. (Third Thur- day.
25th March and August
7th May and 12th November.
12th May and October.
Tuesday after 1st Monday in
March and August.
10. 1st Monday June and Nov.
3. 5th March and August.
4 '22d March and August.
2. 20th March and 26th Sept.
6. 15th March and September.
8. 25th April and 12th Nov.
9. 1st Monday June and Nov.
9. Tuesday after 1st Monday in
• April and September.
16. 1st Monday-April and Sept.
10th April and September.
15th May and October.
10th June and November.
20th May and October.
13th April and October.
1st. April and September.
4th Monday April and Sept.
3d Monday June and Nov.
First Monday.
Second Monday.
Second Monday in
June and 4th in other
months.
Fourth Monday.
Third Monday.
Fourth Monday.
Thursday after second
Monday.
Third Monday.
Fourth Thursday,
Third Monday.
Third Monday.
Fourth Monday.
Thursday after third
Monday.
Fourth Monday.
First Monday.
Monday. before first
Tuesday.
Second Thursday.
Second Monday.
First Monday.
Third Monday.
Fourth Monday.
Wednesday after 2d
Monday.
First Monday.
28th April and 2nd Nov
1st day of May and October.! Fourth Monday
10th March and 26th Sept. | Fourth Tuesday.
23d April and October.
1st April and September,
2d May and October.
1. 16th May and October.
J First Monday.
Second Monday.
'Thursday after third
Monday.
(First Monday.
March,
May,
August,
Nov.
do
June,
do
do
Feb.
May,
do
do
March
June
a®
do
do
May
do
do
do
June
(to
do
do
May
do
do
do '
do
do
Oct.
do
- do
do
do
Feb.
do
July
do
.March
June
dllg.
do
do
do
do
do
do
do
do
do
do
do
do
do
do
do
do
do
Feb.
May
do
do
' (To take effect June 1st,
1861.)
March
June
Aug.
Nov
do
May
do
do
do
June
do
do
do
do
do
do
Feb.
May
July
Oct.
do
do
do
do
<to
do
do
do
do
do
do
March
June
Aiur.
Nov.
do
May
do
do
do
do
do
do
do
do
do
do
do
June
do
do
do
May
do
do
do
June
do
<h>
do
May
do
do
do
June
do
do
do
do
do
<i<>
do
do
"ot
Dec.
do
do
Aug.
Nov.
March
May
do
do
do
do
do
do
Feb.
do
July
Oct.
March
Juue
A Ug.
Nov.
do
May
do
Oct.
do
June
do
Nov.
Feb.
April
July
do
March
May
Aug.
do
do
June
do
do
do
May
do
Oct.
do
<T».ne
Jfov.
"72 Times and places of courts.
Counties and Circuit Courts. f County and corpora- County and Corporation Courts
corporations. [ When terms commence. | tion courts, monthly- Quarterly Terms.
terms.
James City and
Williamsburg,
Jefferson,
$!"lt George,
& Queen,
William
Lancaster,
X'ee, '
Loudoun,
Louisa,
Lunenburg
Lynchburg,'
Madison
Mathews
Montgomery. ,
Jansemond,
, kelson.
Jfew Kent,
Norfolk City,
V°rf?,k county
Northampton,
N'Oiumb'rl'nd
Nottoway '
Grange, '
Page,
"afcrick,
Petersburg
Pittsylv8nja
Powhattan,
Princess Anne.
Pnnce Edward
Prince 9eorge
kis
Rappal;annock
Richmond city
Richmond Co
Rwanoke, ''
Rockbridge,
Rockingham,
Russell,
Scott,
Siieuandoah,
Smyth,
Southampton,
oP'^y'vania,
Maffo d '
Staunton,
Sui ry,
Sussex,
Tazewell
r i i
6. 25th May and November.
13. 20th May and October.
Warren,
Warwick,
Washington,
Westmoreland,
Williamsburg,
Winchester,
Wise,
Wythe,
York,
8. 23d Marrh and 12th Sept.
8. 2d May and 19th November.
8 13th May and 25th N ov.
8. 15th April and 2d November.
17. 2d Monday after 4th Monday
in April and September.
9. 4th Monday in April and 3d
Monday in October.
10. 20th April and September.
2. 13th April and 8th October.
3. 3d of June and 3d Nov'r.
10. 1st Monday March and Aug.
6. 6th April and September.
2. 2d of April and 15th Sept'r.
6. 1st April and October.
16. 2d Monday in April and Sep.
15. 16th April and 12th October.
10. 27th day of April and Sept
6. 10th Ma> and November.
1. 1st June and 15th Nov.
1. 1st Arpil and 28th Sept.
5. 3d Monday in April and Sept
8. 9th April and 28th October
2. 20th Aprit and 15th October.
10. 1st May and October.
12. 11th April and Septemb-w.
4. 12th April *nd September.
2. 22d May, 16th November.
4. 28th May and October.
2. 2d May and 27th October.
1. 25th May and 22d Sept.
3. 15th March and August.
2. 17th May and 12th isov.
9. 2d Monday in May and Oct
16. 3i Monday April and Sept.
9. 3d Monday in March and 1st
Monday in October.
7. 1st Nov. aud 1st May.
8. 3d April and 23d October
14. Wednesday after 4th Monday
in March and August.
11. 12th April and September
'i / \
Second Monday, IMarch
Second Monday in
June and Oct a 3d. in J
other 'months. do
First Thursday. do
First Thursday. - db
Fourth Monday. do
Third Monday. do
12. 11th May and October. •
17. 4th Monday April and Sept
17. 3d Monday after 4tli Monday
April and September.
12. 30lh March and August.
If. 1st Monday April and Sopt.
1. 2d May and 7th October,
8. 20th May and 6th October,
9. 4th Monday March and Sept.
1. loth May and 25th October.
1. 24th April and 29th Oct.
17. Last Monday March and Aug
12. 25th March and A ugust.
21st March and September
17. 2d Monday April and Sept.
28th March and 18th Oct.
25th May and November.
17. 1st Monday after 4th Monday
in April and Sept.
16. 1st Monday May and Oct.
6. 26tb March and September.
Second Monday.
Second Monday.
Second Monday.
First Monday.
Fourth Thursday.
Second Monday.
Third Monday.
Fourth Wednesday,
First Monday.
Second Monday.
Fourth Monday,
Second Thursday.
Fourth Monday.
Third. Monday.
Second Monday.
Second Monday.
First Thursday.
Fourth Monda-.
Fourth Monday.
Fourth Monday.
Thi-d Thursday.
Third Monday.
First Wednesday.
First Monday.
Third Monday.
Second Thursday.
First Monday.
Thursday after fit
• Monday.
Second Monday.
Second Monday.
First Monday.
first
first
first
Third Monday.
Monday before-
Tuesday.
Third Monday.
Tuesday after
Monday.
Tuesday after second
Monday,
Monday before second
Tuesday,
Tuesday after
Monday.
Thirl Monday.
First Monday.
Third Wednesday.
Wednesday after first
Monday.
Fourth Monday.
First Thursday.
Wednesday after
Monday.
Third Monday.
Second Monday.
Fourth Monday.
Fourth Monday.
Fourth Monday.
First Saturday.
Fourth Monday.
Second Monday.
Third Monday,
1st
(Jo
March,
do
do
do
Feb.
Mareh
Feb.
March
do
do
Feb.
March
Feb.
March
do
do
do
do
Feb.
do
March
. do
do
do
Feb.
March
do
do
do
Jan'y
March
do
do
Feb.
March
do
do
do
do
do
do
Feb.
March
do
Feb.
March
do
do
April
March
do
do
do
do
June
do
do
May
do
do
June
do
do
May
June
do
May
do
do
June
do
May
do
April
June
do
May
do
!<lo
do
do
June
-do
do
do
May
do
June
do
May
April
May
June-
do
May
June
do
do
do
do
do
do
May ,
do
do
do ,
do '
June
do
May
June
May
June
do
Aug
T do
do
do
do
do
do
do
do
do
do
do
do
do
do
do
do
July
Aug
July
Aug
Sept
Aug
do
do
July
do
Sept
August
do
do
July
Aug.
du
do
Oct,
do
Nov.
do
do
do
do
do
do
do
Oct
do
Nov.
do
do
do
do
do
do
October
Nov.
do
do
do
Nov
do
do
• Decern
Nov
October
do
do
do
do
do
do do
July Oct.
August Not
do
do
do
do
vdo
do
do
do
do
do
do
do
do
do
do
do
do
do
July Oct.
August Not
do Qct.
July
August
do
do
do
do
do
do
Not
Decern
Nov
do
do
do
do do
do do
do October
INDEX,
JX.
Alexandria, an act to amend the Charier ot, 10.
Action, in what County to be brought, 29.
B.
Bank, Exchange Hans ot Virginia, at Alexandria, a.
Sa'lot, an act providing for voting by, 57.
Bowling Alleys an act to amend and re-en ict the 5.th section ot the act impos-
ing taxes for 1805, 64.
Buihby, William, an act for relief of, 25.
Bank notes and papers made subject of larceny, 23.
0.
Code, the 21st section of chapter 136 amended and re-enacted, 6.
the 10th section of chapter 192 amended and re-enacted, 22.
the 2d section of chapter 169 amended and re-enacted, 29.
the 2d end 4th sections of chapter 370, 34.
the 7th sect on of chapter 151, in regard to attachment, amended and re-
enacted, 35.
act to authorize a report of the alteration of, 37.
the 23d section of chap er 122, in relation to the jurisdiction of the Courts
in matters testamentary, amended and re enacted, 42.
the 24 h section of chapter 122, relating to the appointment of Curators,
amended and re-enacted. 44.
the 2d and 9th sections of chapter 42, in relation to suits and executions
in behalf of the Commonwealth, amended and re-enacted, 47.
the 2d section of chapter 43, relating to indictments, &c., amended and
re-enacted, 47.
the 37th section of chapter 184, in relation to Ihe fees of jailors, amended
aud re-enac ed, 63
the 35th section of chapter 198, in relation to the assembling of negroes,
repe ltd, 64.
Curators, how appointed, 44.
Civil Contingent fund, an »ct to increase, 62.
Comm ssioners of the Revenue, act to increase compensation of, 62.
Comufss oners ot the Revtnue, provided for specially in certain Counties, 7.
Cowing & Gillis, act to pav them a sum or money, 10.
Cowing & Gillis, an <ct to authorize the settlement of their account, 63.
Collectors, act relating to 36.
Countv levies, act relating to, 31.
Constitutional ameudment, act ratifying, 30.
index;
D
Debts, collection of stayed in certain cases, 7.
Deeds, a -t to provide lor recording in certain oases, 36.
Deutsche Maeunerchor Association of Alexandri i, act incorporating, 43.
e:
Election precinct a» William fta-ncs', in the Comty of Elizabeth City, changed
lo the name of . huirias Howe, 5
Express and railroad com pa ies authorize 1 to sell unclaimed freight, *23
Elizabeth lliver railroad company, act incorporating, 61.
H.
Hsggins, act for relief of, 30.
i.
Indian Poll Bridge company, act incorporating, 26.
j.
Joint Resolutions, in regard engrossing Clerks, 65.
Public Printing, 65.
Publication of Laws, &c., 65.
Larkin Patton, 65.
Joint orders of the two Houses, 66.
Death of Edward Everett, 66.
i enioval of seat of Govt rnmcnt, 66.
Conimitte on amendment to Constitution of'United States, 66.
Investigation ot Pub'ic Printing, 66.
To refir a portion of..Governor's message, 66.
Election of Auditor and Treasurer, 67.
To refer a portion of Governor's Message, 67.
For a recess, 67.
For election of United States Senator, 67.
For adjournment, 67.
L.
Levies, act relating to, 31.
act relating to, 36.
lunatics, an act in relation to, 44.
Loyal men ot Virginia, act restoiing to them certain rights, &c., 63
M.
M tssey, William H., act for relief of, 33.
N.
Notaries Public, how qualified in certain cases, 24.
Negroes, act for the relief of persons hiring in certain cases, 28.
Norfolk Sieam Navigation company, act incorporating, 31.
Norfolk aud New York city railroad company, act to incorporate, 33.
Norfolk Insurance and Trust company, act incorporating, 38.
Norfolk arid Portsmouth, an act extending time for the qualification certain of-
ficersof, 45.
Norlolk and New York city railrtad company, an act to amend the act of in-
corporation of said company, 46.
INDEX.
0.
Ordinance of the Convention of 1831. fixing pay of members of the General As-
scmbly, an l other officers, amended and re-enacted, 5.
P.
Pay of members and officers of the General Assembly, 5.
Puolic moneys to be deposited in First X itioiai lbnk at Alexandria, 6.
Papers ot value and bauR notes made subject of larceny, 23.
s.
Sheriffs, act relating to, 36.
T.
Taxes, when to be paid into the Treasury, 6.
Sheriffs and collectors allowed further time in which to collect, 25.
Duty of A uditors in regard to lands returned delinquent for non-pay-
ment of, 35.
Duty of Sheriffs upon receiving list such lands, 38.
An act imposing taxes for the support ot the Government for the year
1865, 48.
u.
Treasurers author'zed to deposit public moneys in First National Bank at Al-
exandiii, 6.
Unclaimed freight, Express and llailroad companies authorized to sell, 23.
V.
Voting, changing place of in the County of Elizabeth city County, 5.
Act ctmngin? the place of voting in Accomac County, 23.
An act providing for voting by ballot, 57.