Chap. 21.—An ACT authorizing the payment of certain costs and
expenses incurred by the state in the litigation for escheated property
in Richmond.

Approved January 19, 1882.

Whereas in a litigation on behalf of the state of Virginia,
of several years’ duration, conducted through the state courts,
and finally to the supreme court of the United States, wherein
the real estate of one Solomon Haunstein, that duly escheated
tv the state, was in question; and whereas in the original
recovery of that property for the state, the protracted litiga-
tion ensuing, and its sale by order of the governor of Virginia,
certain costs and expenses were, by proper order, necessarily
incurred by the escheator for the city of Richmond and
county of Henrico; and though the same were sanctioned by
the state courts as chargeable against the fund created, yet
upon final adjudication, in reversal, by the United States
supreme court in favor of the claimants as heirs, it was there
decreed that, by rule of court, the appellee in error should
bear all costs and expenses; therefore,

1. Be it enacted by the general assembly of Virginia, In ,
pursuance of section six, chapter forty-four, Code of Virginia, }
eivyhteen hundred and seventy-three, that the auditor of i:
public accounts is hereby authorized and directed to issue a {
warrant on the treasury for the sum of six hundred and F
ninety-one dollars and seventy-four cents, with legal interest .
thereon from the tenth of March, eighteen hundred and *
wventy-seven, till paid, to cover such costs and expenses of
the state, the same to be made payable to William L. Royall,
counsel for the heirs; and also to pay such legal court fees as
were adjudged by the said supreme court of the United
States to be paid by the state of Virginia, to be paid out of
aby money not otherwise appropriated.

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

j
Chap. 21.—An ACT authorizing the Board of Supervisors of Louisa
county to allow compensation to Judge J. L. Cochran for holding
terms of county court of Louisa, in place of Judge Lune, who was
then sick.

Approved April 7, 1882.

1. Be it enacted by the general assembly of Virginia, That
the board of supervisors of the county of Louisa, ‘be and the
said board is hereby authorized to issue a county warrant,
payable out of the county levy of Louisa county, to Judge

. L. Cochran, for services for holding four terms of the
county court of Louisa, in the year eighteen hundred and
seventy-nine, in place of Judge EK. H. Lane, who was then
sick and unable to hold the said terms of the court. The
compensation to the said Judge J. L. Cochran, shall be at
the rate of ten dollars per diem, for each day he was actually
engaged in holding the county court of Louisa, as aforesaid,
and the usual mileage allowed by law to judges for traveling
expenses: provided that the sum allowed for each term so
held, shall not exceed the sum of twenty-five dollars.

2. This act shall be in force from its passave.
ACT to amend and re-enact section 21 of chapter 157
' 1878, as amended in relation to vacating the offices of
ure to qualify.

Approved April 7, 1882.

acted by the general assembly, That section
f chapter one hundred and fifty-seven of the
een hundred and seventy-three, as amended by
ved January twenty-ninth, eighteen hundred
yur, entitled an act to amend chapter one hun-
-seven of the Code of eighteen hundred and
so as to vacate the office of judges for removal
0 qualify, be amended and re-enacted so as to
S:

idge of the supreme court of appeals, or any
this commonwealth, may qualify at any time
date of receiving his commission, and until
ter the commencement of his term: provided
ent any judge shall fail to receive his commis-
r the commencement of his term, he may qual-
‘ty days from the date of receiving such com-
provided further, that any judge who may not
at the time of the passage of this act, shall be
days from the commencement of this act to
ire on the part of any judge to qualify as above
ull vacate his office.

ind parts of acts in conflict with this act, are

shall be in force from its passage.

ACT to incorporate the town of Mount Sidney in the
county of Augusta.

Approved April 7, 1882.

cted by the general assembly, That the town
ey, in the county of Augusta, as the same has
be laid off in lots, streets, and alleys, shall be
is hereby made a town corporate, by the name
* Mount Sidney, and by that name shall have
he powers hereinafter granted.

ull be five trustees of said town, who shall be
sof the town. They shall compose the coun-
1 three of them shall constitute a quorum for
1 of business. They shall hold their offices for
until their successors are elected and qualified.
3. Said trustees shall be chosen by ballot, on the fourth
Thursday in May, eighteen hundred and eighty-two, and
biennially thereafter, and shall enter upon their duties on the
first of July succeeding their election. Any person entitled
to vote in the county of Augusta, and who has been a resi-
dent for three months in the corporate limits of the town of
Mount Sidney, shall be entitled to vote at all elections under
this act. The mayor shall appoint three qualified voters of
said town, one of whom shall act as clerk, to hold said elec-
tion, between the hours of one in the afternoon and sunset,
and they shall decide any contest, with reference to the right
to vote, of any individual, and shall count the ballots. In
case it is impossible to determine the five who have the high-
est number of votes, by reason of a tie, the said clerk shall
determine the matter, in the presence of his associates, by
lot. The persons holding the election shall determine who
have received the greatest number of votes in such election,
and shall certify the same, and an abstract of the votes on
the poll-books, and return the same, together with the bal-
lots, to the clerk of the council, to be by him preserved, and
said clerk shall immediately thereafter make out and deliver
to each of the persons elected, a certificate of election.

4. The council shall elect one of their own number to be
mayor of said town, and he shall preside at the meetings of
the council; in his absence they may elect a president pro
tempore. They shall appoint yearly a sergeant, who shall
be a resident of the town, and also one of their number as
clerk.

5. Said sergeant and clerk shall qualify by taking the oath
of office before the mayor or other person authorized to
administer oaths; they may be removed from office by a two-
thirds vote of the council for good cause. All the officers of
the corporation shall serve without compensation, except as
hereinafter provided. Said council shall appoint its own
time for meeting. They may fill any vacancy arising in
their own body for the unexpired term.

6. The mayor shall have the jurisdiction and authority of
a justice of the peace of Augusta county, within the corpo-
rate limits of said town, and within one mile of the limits of
said corporation, and shall be entitled to the same fees.

7. The clerk shall keep a correct record of all the proceed-
ings of the council; shall provide the books and stationery
therefor; make out the certificates of election; make out a
list of property to be taxed, real and personal, within the
limits of the corporation, and fix the value of the same as
determined by the officers of the state for state taxation ;
and shall issue tickets for taxes voted by the council, which
tickets he shall deliver to the sergeant, when ordered by the
council; and shall have power to administer the oaths of
office to any of the town officers; and for said services he
shall be allowed, annually, a certain sum, to be named by the
council, not to exceed fifty dollars.
8. The sergeant shall collect the taxes voted by the coun-
cil, for which, and for paying out the same, he shall be
allowed a certain per centum, the rate to be fixed by the
council. He shall have the power and authority of a consta-
ble or collector of the county of Augusta, within the corpo-
rate limits of the said town, and shall be entitled to the same
fees. He shall pay out the money in his hands, on the war-
rant of the mayor and clerk, certifying that it is done by
order of the council. He shall perform all the duties of an
overseer of roads and streets in the corporation in accordance
with the laws of Virginia. No road tax shall be assessed
upon the property within the corporation, except by the
council aforesaid, which road tax shall be expended upon the
roads and streets of said town, by the sergeant aforesaid,
under the direction of the council: provided said town sup-
ports its own poor. For his services as overseer of said
roads and streets, he shall be entitled to the same compensa-
tion as allowed by law to overseers of roads. Said council
and sergeant shall have all the powers and perform all the
duties belonging to overseers of roads under the general road
law. The sergeant shall, before he enters upon the duties of
his office, execute a bond, with security, for the faithful per-
formance of his duties, which bond shall be approved by the
council, and filed with the clerk.

9. The council shall have power to mark accurately the
bounds of existing streets; to lay off new strects, alleys, and
sidewalks; to prohibit the running at large of animals; to
provide for order and quiet within the corporation ; to pro-
vide and protect shade trees; to establish a fire department,
with suitable and necessary apparatus; to make regulations
in reference to contagious diseases, and pass ordinances to
carry into effect the objects of this incorporation, and to
punish the violation of the same by fine and imprisonment :
provided further, that private property may be taken for
public use, in the manner provided for by law; and for that
purpose the council of said town shall have the same juris-
diction for the condemning of lands for said town as the
county court has for the condemning of land for public roads
in the county, with the right of appeal to the county court.

10. The council may annually levy a tax for roads and
corporation purposes, which on no property shall exceed fifty
cents on the hundred dollars’ valuation, except that on the
petition of two-thirds of the freeholders within the corpora-
tion, the council may levy a corporation tax not to exceed
the amount named in said petition.

11. The following is hereby declared to be the boundary
of the town of Mount Sidney: Beginning at the northwest
corner of Joseph Shumake’s property, running thence east-
erly to the potter shop; thence southerly to astake on corner
of lot number one; thence southerly to a stake on Richards
and Hulvey’s line; thence westerly, crossing valley pike, to
a stake in Richards’ field; thence northerly to east line of
Alexander Coffman’s lot; thence northerly to Abner Shu-
make’s stable; thence northerly on line with alley to Inde-
pendent Order of Odd-Fellows hall; thence easterly to stake
on Washington street; thence with said street to the begin-
ning.

1 Dr. William Bell, William Hulvey, J. C. Holler, A. M.
Yates, and Samuel H. Watson are hereby declared and
appointed trustees of said town of Mount Sidney, and may
qualify before any magistrate or justice of the peace in the
county, and thereupon they shall constitute the council of
said town, and as such shall have and exercise all the powers
granted to said council until their successors shall be duly
elected and qualified.

13. All previous acts or parts of acts relating to the incor-
porating of said town are hereby repealed.

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

Chap. 21.—An ACT authorizing the payment of certain costs and
expenses incurred by the state in the litigation for escheated property
in Richmond.

Approved January 19, 1882.

Whereas in a litigation on behalf of the state of Virginia,
of several years’ duration, conducted through the state courts,
and finally to the supreme court of the United States, wherein
the real estate of one Solomon Haunstein, that duly escheated
tv the state, was in question; and whereas in the original
recovery of that property for the state, the protracted litiga-
tion ensuing, and its sale by order of the governor of Virginia,
certain costs and expenses were, by proper order, necessarily
incurred by the escheator for the city of Richmond and
county of Henrico; and though the same were sanctioned by
the state courts as chargeable against the fund created, yet
upon final adjudication, in reversal, by the United States
supreme court in favor of the claimants as heirs, it was there
decreed that, by rule of court, the appellee in error should
bear all costs and expenses; therefore,

1. Be it enacted by the general assembly of Virginia, In ,
pursuance of section six, chapter forty-four, Code of Virginia, }
eivyhteen hundred and seventy-three, that the auditor of i:
public accounts is hereby authorized and directed to issue a {
warrant on the treasury for the sum of six hundred and F
ninety-one dollars and seventy-four cents, with legal interest .
thereon from the tenth of March, eighteen hundred and *
wventy-seven, till paid, to cover such costs and expenses of
the state, the same to be made payable to William L. Royall,
counsel for the heirs; and also to pay such legal court fees as
were adjudged by the said supreme court of the United
States to be paid by the state of Virginia, to be paid out of
aby money not otherwise appropriated.

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

j
Chap. 21.—An ACT authorizing the Board of Supervisors of Louisa
county to allow compensation to Judge J. L. Cochran for holding
terms of county court of Louisa, in place of Judge Lune, who was
then sick.

Approved April 7, 1882.

1. Be it enacted by the general assembly of Virginia, That
the board of supervisors of the county of Louisa, ‘be and the
said board is hereby authorized to issue a county warrant,
payable out of the county levy of Louisa county, to Judge

. L. Cochran, for services for holding four terms of the
county court of Louisa, in the year eighteen hundred and
seventy-nine, in place of Judge EK. H. Lane, who was then
sick and unable to hold the said terms of the court. The
compensation to the said Judge J. L. Cochran, shall be at
the rate of ten dollars per diem, for each day he was actually
engaged in holding the county court of Louisa, as aforesaid,
and the usual mileage allowed by law to judges for traveling
expenses: provided that the sum allowed for each term so
held, shall not exceed the sum of twenty-five dollars.

2. This act shall be in force from its passave.
ACT to amend and re-enact section 21 of chapter 157
' 1878, as amended in relation to vacating the offices of
ure to qualify.

Approved April 7, 1882.

acted by the general assembly, That section
f chapter one hundred and fifty-seven of the
een hundred and seventy-three, as amended by
ved January twenty-ninth, eighteen hundred
yur, entitled an act to amend chapter one hun-
-seven of the Code of eighteen hundred and
so as to vacate the office of judges for removal
0 qualify, be amended and re-enacted so as to
S:

idge of the supreme court of appeals, or any
this commonwealth, may qualify at any time
date of receiving his commission, and until
ter the commencement of his term: provided
ent any judge shall fail to receive his commis-
r the commencement of his term, he may qual-
‘ty days from the date of receiving such com-
provided further, that any judge who may not
at the time of the passage of this act, shall be
days from the commencement of this act to
ire on the part of any judge to qualify as above
ull vacate his office.

ind parts of acts in conflict with this act, are

shall be in force from its passage.

ACT to incorporate the town of Mount Sidney in the
county of Augusta.

Approved April 7, 1882.

cted by the general assembly, That the town
ey, in the county of Augusta, as the same has
be laid off in lots, streets, and alleys, shall be
is hereby made a town corporate, by the name
* Mount Sidney, and by that name shall have
he powers hereinafter granted.

ull be five trustees of said town, who shall be
sof the town. They shall compose the coun-
1 three of them shall constitute a quorum for
1 of business. They shall hold their offices for
until their successors are elected and qualified.
3. Said trustees shall be chosen by ballot, on the fourth
Thursday in May, eighteen hundred and eighty-two, and
biennially thereafter, and shall enter upon their duties on the
first of July succeeding their election. Any person entitled
to vote in the county of Augusta, and who has been a resi-
dent for three months in the corporate limits of the town of
Mount Sidney, shall be entitled to vote at all elections under
this act. The mayor shall appoint three qualified voters of
said town, one of whom shall act as clerk, to hold said elec-
tion, between the hours of one in the afternoon and sunset,
and they shall decide any contest, with reference to the right
to vote, of any individual, and shall count the ballots. In
case it is impossible to determine the five who have the high-
est number of votes, by reason of a tie, the said clerk shall
determine the matter, in the presence of his associates, by
lot. The persons holding the election shall determine who
have received the greatest number of votes in such election,
and shall certify the same, and an abstract of the votes on
the poll-books, and return the same, together with the bal-
lots, to the clerk of the council, to be by him preserved, and
said clerk shall immediately thereafter make out and deliver
to each of the persons elected, a certificate of election.

4. The council shall elect one of their own number to be
mayor of said town, and he shall preside at the meetings of
the council; in his absence they may elect a president pro
tempore. They shall appoint yearly a sergeant, who shall
be a resident of the town, and also one of their number as
clerk.

5. Said sergeant and clerk shall qualify by taking the oath
of office before the mayor or other person authorized to
administer oaths; they may be removed from office by a two-
thirds vote of the council for good cause. All the officers of
the corporation shall serve without compensation, except as
hereinafter provided. Said council shall appoint its own
time for meeting. They may fill any vacancy arising in
their own body for the unexpired term.

6. The mayor shall have the jurisdiction and authority of
a justice of the peace of Augusta county, within the corpo-
rate limits of said town, and within one mile of the limits of
said corporation, and shall be entitled to the same fees.

7. The clerk shall keep a correct record of all the proceed-
ings of the council; shall provide the books and stationery
therefor; make out the certificates of election; make out a
list of property to be taxed, real and personal, within the
limits of the corporation, and fix the value of the same as
determined by the officers of the state for state taxation ;
and shall issue tickets for taxes voted by the council, which
tickets he shall deliver to the sergeant, when ordered by the
council; and shall have power to administer the oaths of
office to any of the town officers; and for said services he
shall be allowed, annually, a certain sum, to be named by the
council, not to exceed fifty dollars.
8. The sergeant shall collect the taxes voted by the coun-
cil, for which, and for paying out the same, he shall be
allowed a certain per centum, the rate to be fixed by the
council. He shall have the power and authority of a consta-
ble or collector of the county of Augusta, within the corpo-
rate limits of the said town, and shall be entitled to the same
fees. He shall pay out the money in his hands, on the war-
rant of the mayor and clerk, certifying that it is done by
order of the council. He shall perform all the duties of an
overseer of roads and streets in the corporation in accordance
with the laws of Virginia. No road tax shall be assessed
upon the property within the corporation, except by the
council aforesaid, which road tax shall be expended upon the
roads and streets of said town, by the sergeant aforesaid,
under the direction of the council: provided said town sup-
ports its own poor. For his services as overseer of said
roads and streets, he shall be entitled to the same compensa-
tion as allowed by law to overseers of roads. Said council
and sergeant shall have all the powers and perform all the
duties belonging to overseers of roads under the general road
law. The sergeant shall, before he enters upon the duties of
his office, execute a bond, with security, for the faithful per-
formance of his duties, which bond shall be approved by the
council, and filed with the clerk.

9. The council shall have power to mark accurately the
bounds of existing streets; to lay off new strects, alleys, and
sidewalks; to prohibit the running at large of animals; to
provide for order and quiet within the corporation ; to pro-
vide and protect shade trees; to establish a fire department,
with suitable and necessary apparatus; to make regulations
in reference to contagious diseases, and pass ordinances to
carry into effect the objects of this incorporation, and to
punish the violation of the same by fine and imprisonment :
provided further, that private property may be taken for
public use, in the manner provided for by law; and for that
purpose the council of said town shall have the same juris-
diction for the condemning of lands for said town as the
county court has for the condemning of land for public roads
in the county, with the right of appeal to the county court.

10. The council may annually levy a tax for roads and
corporation purposes, which on no property shall exceed fifty
cents on the hundred dollars’ valuation, except that on the
petition of two-thirds of the freeholders within the corpora-
tion, the council may levy a corporation tax not to exceed
the amount named in said petition.

11. The following is hereby declared to be the boundary
of the town of Mount Sidney: Beginning at the northwest
corner of Joseph Shumake’s property, running thence east-
erly to the potter shop; thence southerly to astake on corner
of lot number one; thence southerly to a stake on Richards
and Hulvey’s line; thence westerly, crossing valley pike, to
a stake in Richards’ field; thence northerly to east line of
Alexander Coffman’s lot; thence northerly to Abner Shu-
make’s stable; thence northerly on line with alley to Inde-
pendent Order of Odd-Fellows hall; thence easterly to stake
on Washington street; thence with said street to the begin-
ning.

1 Dr. William Bell, William Hulvey, J. C. Holler, A. M.
Yates, and Samuel H. Watson are hereby declared and
appointed trustees of said town of Mount Sidney, and may
qualify before any magistrate or justice of the peace in the
county, and thereupon they shall constitute the council of
said town, and as such shall have and exercise all the powers
granted to said council until their successors shall be duly
elected and qualified.

13. All previous acts or parts of acts relating to the incor-
porating of said town are hereby repealed.

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