An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1881/1882 |
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Law Number | 62 |
Subjects |
Law Body
Chap. 62.—An ACT to establish and define the boundaries of the town
of Wytheville.
Approved February 3, 1882.
1. Be it enacted by the general assembly, That the boun-
daries of the town of Wytheville, in the county of Wythe,
and state of Virginia, shall be extended and defined as fol-
lows: Beginning at the corner of the present corporate limits
of said town, marked twenty-six on the map of said town,
adopted by the board of trustees of said town on the twen-
ty-third day of Apri eighteen hundred and seventy-seven,
and recorded in the county court of said county, the said
beginning corner being the intersection of the north line of
Union street, and the west line of Eighteenth street, as
shown by said map; and running thence with said west line
of Eighteenth street, extending northwest and at right
angles to Main street, of said town, to a stake in the land of
David Sexton, one thousand and thirteen feet northwest
from the north line of said Main street, extending south-
west; thence by a line northeast and parallel with said Main
street, toa stake intheland of Mistress Susan Spiller, and in the
east line of Tenth street, of said town, extending northwest;
thence with the last named line, and at right angles with
said Main street, southeast to the present corporate line;
thence with the present corporate lines, and passing the cor-
ners thereof, marked on said map by numbers eighteen, sev-
enteen, sixteen, and fifteen, and with the last named line
extended northeast from said number fifteen, and parallel
with said Main street, to a stake in the land of John H.
Ewald, and in the east line of Ninth street, of said town,
extended northwest; thence with the last named line, south-
east and at right angles to said Main street, three hundred
and thirty-one feet, to a stake in the same land; thence by a
line northeast and parallel with said Main street, seven bun-
dred and thirty-eight feet, to a stake in the extension north-
west of the present corporate line of said town, marked on
said map by numbers eleven and ten: thence with the last
named line, and at right angles to said Main street, passing
southeast and said corners eleven and ten, and with the exten-
sion southeast of the last named line, to the south line of
Marshall strect, of said town, as shown by said map; thence
with the south line of the last named street, southwest to
the east line of First street, extended southeast; thence with
the last named line, and at right angles to said Main street,
southeast to the Norfolk and Western railroad ; thence with
said railroad southwestwardly to the line of the present cor-
porate limits of said town, and at the corner of said railroad,
marked two on said map; and tbence with the present cor-
porate limits, as shown on said map, by lines and corners,
marked by numbers one, thirty-one, thirty, twenty-nine,
twenty-eight, twenty-seven, and twenty-six, to the beginning ;
and the whole territory embraced and included within the
boundaries hereinbefore described, shall be and the same is
hereby made, with the inhabitants thereof, a part of the said
town of Wytheville, and subject to the same laws, rules,
regulations, ordinances, and government, as if it and they
had been included within the corporate limits of the said
town as heretofore established: provided, however, that such
of the lands which are used for farming and grazing pur-
poses, and which are taxed for county purposes, embraced
and included within the boundaries hereinbefore described,
and which bave not been actually laid off and divided into
town lots and streets, shall not be subject to taxation for cor-
poration purposes until the same shall have been so laid off
into town lots and streets.
2. This act shall be in force from its passage.
Chap. 62.—An ACT to incorporate the Richmond Elevator Company.
Approved February 4, 1882.
1. Be it enacted by the general assembly of Virginia, That
L. L. Bass, C. Edward Buek, Thomas W. McCance, John P.
Branch, W. J. Johnson, B.S. Fitch, and such other persons
as they may hereafter associate with them, shall be and they
are hereby made and constituted a body politic and corporate,
under the name and style of the Richmond Elevator com-
any.
2. That the said company shall have the power, and is
hereby authorized to erect and construct at or near the city
of Richmond, and such other point or points within the state
of Virginia as it may determine, warehouses, elevators, and
other buildings and structures, and may purchase, hold and
employ whatever agencies or property of any description its
business may require, not exceeding, however, fifty acres of
land in any one continuous tract.
3. That the said company may elevate and transfer grain
and other property, whether owned by said company or by
other parties, from cars, wagons or carriages, boats, barges,
or vessels, into storehouses, warehouses, mills, cars, wagons
or carriages, boats, barges, or vessels, and vice versa; and
also to warehouse, weigh, clean, and store grain and other
property, whether owned by said company or by other par-
ties; and to erect, buy or lease necessary and suitable build-
ings, structures, and machinery therefor, and generally to
conduct such other business as may be connected therewith.
4. That the said eompany may charge and collect such
rates and prices for elevating, transferring, warchousing,
weighing, cleaning, and storing, or any or either thereof, as
said company shall from time to time adopt, and for any
advances made by it on said grain, merchandise, or other
property stored or deposited with it for shipment or other
purposes, and for its tolls and rates aforesaid, and for all its
charges and expenses incident thereto, including the expense
of insuring, handling, keeping, and delivering such property,
the said company shall have a preferred lien on said grain,
merchandise and other property, which shall be paid before
the said company shall be required to deliver the same; and
in default of payment, said company may, upon ten days’
notice by advertisement of the time and place of sale, in some
newspaper published in the city nearest such elevator or
other building, sell so much of said property as may be requi-
site to discharge the amount of said lien.
3. That the capital stock of said company shall not exceed
the sum of two millions of dollars, divided into shares of one
handred dollars each; any portion of which said capital stock
may be made preferred or guaranteed, in such manner as the
company may determine, but at all meetings of the stock-
holders each share shall be entitled to one vote; and to said
capital stock any corporation, heretofore or hereafter char-
tered under the laws of this state, is hereby authorized to
subscribe, and the stock so subscribed shall have the same
privileges and powers, and be subject to the same conditions
and reyvulations, as the stock held by other stockholders
therein: provided, that no stock owned or held by any such
corporation shall be voted unless the same shall have been
fully paid for.
Phat said company may borrow money upon the issue
of its bonds or other evidences of debt, and pledge by mort-
gage deed, or otherwise, its property, ‘rights, and franchise,
for the payment of the same, and power is hereby given said
company to loan or advance money or other commodity, on
such securities and for such periods as said company may
think roper.
hat the principle office of said company shall be in the
city of Richmond, Virginia, and that the affairs of said com-
pany shall be managed by such officers as it may designate,
with power to make such by-laws, rules, and regulations, not
inconsistent with the laws of this tate, as they may deem
proper for the government of said company.
8. That it shall be lawful for the Richmond elevator com-
pany, a corporation now existing under a charter granted
by the circuit court of the city of Richmond, on the seventh
day of June, eighteen hundred and eighty-one, to accept the
benefits of the charter hereby granted at a general meeting
of its stockholders, called at any time hereafter for the pur-
pose, in which event the said company shall be forthwith
subject to all the obligations, and entitled to all the rights
and privileges hereby granted, or to which the company
organized under the provisions of this act, may or might be
entitled.
9. The said company shall be subject to the laws govern-
ing corporations generally, as prescribed in the Code of eigh-
teen hundred and seventy-three.
10. This act shall be in force from its passage.
Chap. 62.—An ACT to amend and re-enact an act passed March 3d,
1880, entitled an act authorizing the board of supervisors to deter-
mine what amount shall be paid certain county officers.
Approved April 14, 1882.
1. Be it enacted by the gencral assembly of Virginia, That
section one of an act approved March third, eighteen hun-
dred and eighty, entitled an act to amend and re-enact an
act passed April second, eighteen hundred and seventy-nine,
authorizing the board of supervisors to determine what
amount shall be paid to certain county officers, be amended
and re-enacted so as to read as follows:
§ 1. Be it enacted by the general assembly of Virginia,
That the board of supervisors of the respective counties shall
determine what annual allowances shall be made to the com-
monwealth’s attorneys, clerks, and sheriffs of their counties,
payable out of the county treasurys: provided that such
allowances to commonwealth’s attorneys, clerks, and sheriffs
shall not exceed in any county to each of said officers, the
sum of six hundred dollars: and provided further, that in
counties containing a population of ten thousand and less,
the allowance to said officers each, shall not exceed three
hundred dollars; and in counties containing a population of
ten thousand, and less than fifteen thousand, the allowance
to said officers each, shall not exceed four hundred dollars;
and in counties containing a population of fifteen thousand,
and less than twenty thousand, the compensation shall not
exceed five hundred dollars to each of said officers: provided
that in the county of Henrico, the annual allowance for
sheriff may be fixed at a sum not exceeding fifteen hundred
dollars: and provided further, that in the counties of Henrico
and Norfolk, that such annual allowance for the common-
wealth’s attorney may be fixed at a sum not exceeding one
thousand dollars.
2. This act shall be in force from its passage.
Chap. 62.—An ACT to repeal chapter 91 of the Code of 1878, and
all acte and parts of acts, in relation to pilots and piloting of vessels,
and to enact a law to govern and regulate pilots and piloting of ves-
sels in the waters of the stute of Virginia.
Approved April 21, 1882.
1. Be it enacted by the general assembly, That chapter
ninety-one of the Code of Virpinis of eighteen hundred and
seventy-three, and all acts and parts of acts heretofore passed,
in relation to pilots and the piloting of vessels, be and the
same are hereby repealed, and that the following provisions
be and the same are hereby substituted therefor, so as to
read as follows:
2. The court of Elizabeth county shall appoint three per-
sons, only one of whom shall be a branch pilot, and the cor-
poration court of Norfolk city, four persons, only two of whom
shall be branch,pilots, to constitute a board of commissioners
to examine persons applying for branches as pilots. The board
of commissioners shall hold its meetings in tne city of Nor-
folk, and four members thereof shall constitute a quorum.
And said commissioners shall have full authority to make such
rules as they may think necessary for the proper govern-
ment and regulation of pilots licensed by them.
3. The court by which any commissioner is appointed,
may remove him for incapacity, neglect of duty or miscon-
duct, and may fill a vacancy happening in the office of com-
missioner from any Cause.
4. Every person applying to the said board to be exam-
ined, shall produce a certificate of the court of the county or
corporation in which he resides, that he is of honest
demeanor, and a citizen of the state, and furnish proof of’ his
having served as an apprentice to some pilot of the state for
five years. If the board of examiners find him qualified to
act as a pilot, they shall take from him a bond, in the penalty
of five hundred dollars, and grant him a branch on his pay-
ing to said board five dollars; and they shall return said
bond to the clerk of the corporation court. Every pilot
holding a branch shall renew the same every twelve months;
for which renewal he shall pay one dollar, and all pilots who
have heretofore held branches under the pilot laws of this
State, shall renew said branches within sixty days after the
organization of the commission herein provided for.
5. All pilots shall be arranged into three classes, and every
branch shall designate whether the pilot thereby commis.
sioned belongs to the first, second, or third class.
6. Pilots of the first class may pilot and conduct vessels of
every burthen and description; those of the second class
shall be confined to vessels whose draft of water does not
exceed fifteen feet, and those of the third class to vessels
whose draft of water does not exceed twelve feet.
7. Every pilot, or the company to which he belongs, shall
keep one sufficient boat of at least thirty feet keel, which he
shall be attached to and cruise in, and any one acting as a
pilot without having such a boat, shall forfeit one hundred
and fifty dollars to any person who may sue for the same.
8. If any pilot boat shall not have her name, and the port
to which she belengs, marked ten feet below the head of her
foresail on each side, in letters at least nine inches long, the
owners thereof shall have no fees of pilotage, except in case
of steam pilot boats, which shall have her name on each bow
instead of on her foresail.
9. If any apprentice of a. pilot, being examined by the
board of commissioners which appointed his master, shall be
judged by them qualified, they may endorse on a copy of his
master’s branch the name of the pilot boat, her port, and the
class to which said master belongs, and thereupon such
apprentice may conduct and pilot vessels, as his master might
do, and subject to the same regulations.
10. If any person, not authorized by law, or any pilot,
after removing from the state, shall undertake to conduct or
pilot a vessel to or from the sea; or to or from any port or
place in Virginia, or if any master or person on board any
steamboat or towboat, shall tow a vessel to or from sea, or to
or from any port or place in Virginia, except as authorized
by this act, without having a pilot on board of such vessel,
if one shall offer his service, he shall be deemed guilty of a
misdemeanor, and, upon conviction thereof, shall be impri-
soned in the county or city jail, for not more than three
months, or fined any sum not exceeding two hundred dollars,
at the discretion of the court; and any master employing
any person not authorized by law, or any pilot who has
removed from the state, to act as a pilot of bis vessel, shall
forfeit and pay one hundred dollars to any regular branch
pilot who shall sue for the same; and warrants for such
offenders may be issued upon the oath- of any party com-
plaining, by any justice of the peace of any county, or mayor
or justice of the peace of any city in this state, in which
such offender may be at the time; and, upon proof of proba-
ble cause, the offender shall be bound, with security in due
form of law, to appear at the next term of the circuit, county,
or hustings court of said county or city, for trial of such
misdemeanor, and the circuit, county, or corporation court of
said county or city, shall have jurisdiction for the trial
thereof, as in other cases of misdemeanor.
11. The preceding section shall not prevent any pilot of
this state or Maryland, or any other person, from assisting a
vessel in distress, that he may fall in with, having Cape
Henry in view (and no authorized branch pilot appearing),
nor from conducting said vessel into Hampton roads, or any
other harbor. Any such pilot, or other person aforesaid,
shall be entitled to full pilotage; but, if he is not a pilot, he
shall deliver up the said vessel to any authorized pilot of this
state, who may offer his services to take charge of her, and
then shall receive from such pilot half the pilotage.
12. The master of every vessel (other than a coasting vessel
having a pilot license), inward bound from sea, shall take the
first Virginia pilot that offers his services, Cape Henry bear-
ing west of south to Smith’s point, Yorktown, Newport
News, or Norfolk, or any intermediate point; and any such
vessel, outward bound, shall take the first pilot that offers
his services at Smith’s point, Yorktown, Newport News, or
Norfolk, or any intermediate point, to sea; and any master
refusing to do so, shall immediately pay to the said pilot full
pilotage from the sea to Newport N ews, Smith’s point, York-
town, or Norfolk, from said ports to sea, as the case may be;
but no master of a vessel coming from sea shall be compelled
to take a pilot after arriving within the line at which Cape
Henry bears west of south; provided further, that any
registered vessel arriving within the line of Cape Henry,
bearing west of south, without having taken a pilot, bound
for Norfolk, Newport News, or Richmond, shall not be liable
for pilotage; but the master may pilot his own vessel to
Hampton roads, and there employ any steamboat or tow-
boat to tow his vessel to her port of destination; but in no
instance will any master be allowed to employ any steamboat
or tow-boat below Hampton roads without paying full pilot-
ago to the first regular pilot that offers his services to said
vessel, and any master so employing a steamboat or tow-boat
below Hampton roads without a pilot on board of such ves-
sel, when one shall have offered his services, shall be liable to
the penalty prescribed in section ten of this act. This pro-
vision applies only to inward bound vessels.
13. No master shall be required to have a pilot to conduct
his vessel or steamboat above Newport News, Yorktown,
Mobjack bay, Urbanna, or Smith’s point, but he may, by
himself, or by any person regularly employed on board, pilot
his own vessel, or he may employ the services of any tow-
boat, to tow his vessel to her port of destination above any
of the above-named points.
14. Pilots shall appoint agents—one for Norfolk city and
one for Richmond—who shall grant licenses to coasting ves.
sels trading in all the rivers of this state, for which license
such agents shall receive ten per centum per ton for one year
and coasting vessels having such licenses shall be free to sai
without pilots to or from sea; but all vessels sailing under :
coasting license of the burden of seventy tons or more, com.
ing from or going to sea, not paving obtained a license fron
such agent, shall be subject to the same regulations anc
protage as registered vessels belonging to citizens of th
nited States.
15. The master of any coasting vessel wanting a pilot t
any port in this state, shall signify it by a signal at his fore
mast or foretopmast head; whereupon a pilot shall repair t
and pilot said vessel.
16. Pilots shall have pilotage at the following rates: For
every vessel owned by citizens of the United States, and for
every vessel owned by a citizen or subject of any foreign
state, whose vessels are by treaty placed on the same footing
as vessels of the United States, if the vessel be spoken or
boarded to the eastward of Cape Henry, there shall be paid
for each foot the vessel draws, as follows: From sea to
Smith’s Point, West Point, Newport News, Norfolk, or any
prace between Smith’s Point, West Point, Newport News, or
orfolk, vessels drawing ten feet and under, two dollars and
fifty cents; vessels drawing thirteen feet and over ten feet,
three dollars; vessels drawing fourteen feet and over thirteen
feet, three dollars and fifty cents; vessela drawing sixteen
feet and over fourteen feet, four dollars; vessels drawing
over sixteen feet, four dollars and fifty cents. If the vessel
shall be boarded or spoken twenty miles or more eastward of
Cape Henry, twenty-five cents per foot shall be added to the
foregoing rates. There shall be paid the same pilotage from
Smith’s Point, West Point, Newport News, or Norfolk, or
any intermediate point to sea, as from sea to those places;
and from Newport News to Jamestown, or any place between
Newport News and Jamestown, one dollar and thirty-five
cents per foot; from Newport News to Richmond, or any
place between Jamestown and Richmond, two dollars and
fifty cents per foot; and the same rates of pilotage shall be
paid from said places, respectively, down. Vessels coming
from sea to Hampton roads and thence to any port in Mary-
land, shall be subject to the same rate of pilotage as vessels
bound from Newport News to sea. All vessels coming to
Hampton Roads, seeking, in ballast, shall only pay one-balf
pilotage in and one-half out: provided, however, that if
such vessel coming to Hampton roads, seeking, is after-
wards chartered to load in any port or place in this state,
she shall pay the usual pilotage in and out as though she bad
come to a direct port. All steamers calling in any port or
place in this state for the sole purpose of coaling, shall only
pay one-half pilotage in, and one-half pilotage out. All ves-
sels that go from Norfolk to Newport News to load or to
finish loading, and all vessels that go from Newport News to
Norfolk to load or finish loading, shall, if they take a pilot,
which shall be optional with the master, pay a fee of ten
dollars to the pilot for transporting any such vessel to or
from either place.
17. If the master of any vessel shall conceal or obscure
the name thereof, or refuse to disclose the same when spoken
by a pilot, he shall forfeit to the said pilot fifty dollars.
18. If any pilot notified to attend a vessel shall be detained,
he shall have three dollars for each day’s detention.
19. Any pilot who shall attend any vessel with bis boat, at
the request of the master or owner, shall have fifty dollars
per day; any master carrying any pilot to sea, shall pay him
wages at the rate of seventy-five dullars per month.
t
20. If any vessel having no pilot on board follow another
that has a pilot, such pilot shall have pilotage for the vessel
so following. )
21. Any pilot being detained on board any sea-going vessel,
shall be entitled to three dollars for each day he may be so
detained, to be paid by the master, owner or consignec of
such vessel. If any such pilot be carried beyond the limits
of his state against his will, he shall be entitled to recover
the sum of three hundred dollars from the master or owner
of the vessel upon which he may have been carried away.
All vessels having a branch pilot, and arriving at the pilot
station, shall remain there fifteen hours, if required, to give
such pilot an opportunity to be taken off, under a penalty of
fifty dollars.
22. Hereafter all vessels transported from the naval anchor-
age to the navy-yard by any pilot, shall pay the sum of
twenty dollars.
23. The first pilot who meets a vessel coming, in which his
branch entitles him to conduct, shall have the right to take
charge of and conduct her into York river, Hampton roads,
Newport News, Norfolk, Mobjack bay, Urbanna, or Smith’s
point aforesaid, and to receive the pilotayve allowed by law;
ut any pilot that boards a vessel off any veasel other than
his boat, shall give the same to the first authorized pilot that
offers his services from a lawful Virginia pilot-boat any where
below the Thimble light; and the master of any such vessel
employing a pilot from any other than alawful Virgima pilot-
boat, shall be liable to the first regularly licensed pilot that
offers his services from a lawful pilot-boat of this state any-
where below Thimble light. |
24. Every pilot cruising or standing out to sea shall offer
his services to the vessel of his class nearest to land or in
most distress.
25. The master and owner of every vessel shall each be
liable to the pilot for his pilotage and. other allowances, and
also the consignee or supercargo of any vessel not owned by
a citizen of the state; and if the said consignee or super-
cargo refuse to become responsible to the pilot for his fee,
then the master or owner of said vessel shall deposit the
amount of pilotage fees due in the hands of some responsible
person before leaving her port of departure, subject to the
order of the pilot...
26. Pilots may state their accounts, verified by affidavits,
and lodge them with their agents in Norfolk, Richmond,
Newport News or Yorktown, or wherever they may think it
necessary to appoint such agent for collection; and if any
person liable on any such account, shall fail to pay the amount
thereof to the agent or the pilot himself within three days’
after demand made, he shall pay five dollars (in addition to
said amount) to said pilot.
27. The board of commissioners may decide any contro-
versy between pilots to whom it has granted branches, or
between any such pilot and the master, owner, or consignee
of any vesscl, which may arise under any law concerning
pilots. Its decision shall be final. If such decision requires
the payment of money, the board shall enter a judgment
therefor on the record of its proceedings; and on a copy
thereof being put into the hands of any sheriff, constable, or
sergeant, he shall enforce payment thereof as if it were an
execution against the property of the debtor, and have the
same fee.
28. But no judgment shall be entered unless due notice be
given of the time and place of trial, and of the claim or
charges to be preferred, and where the charge is against the
pilot for neglect of duty or violation of law, such judgment
shall in no case be for a longer suspension of the branch of
the accused than twelve months, nor less than one month, at
the discretion of the commissioners, unless where a longer
time is expressly prescribed.
29. Nothing herein shall authorize such board to decide
upon the liability of a pilot or his apprentice to any party
injured by his negligence or misconduct, or to prevent such
party from recovering for all damages occasioned thereby.
30. The board shall appoint a clerk, who shall keep a
record of all its proceedings, and the said commissioners, or
any one of them, may administer an oath and issue a sum-
mons.
31. Each person who shall appear before the board to be
examined as a pilot, shall pay to each commissioner present,
and also to the clerk, one dollar. When the board makes a
decision in a matter of controversy, the person against whom
the decision is, shall pay to each commissioner one dollar, and
to the clerk fifty cents.
32. If any pilot shall, tcr any service, demand or receive
less than the lawful fees, he shall forfeit the amount of said
lawful fee, which may be recovered by any person who will
claim the same, by warrant or by motion, one-half of which
recovery shall be paid to the board of commissioners. Such
pilot may, moreover, be suspended by said board, not exceed-
ing six months. And if any pot shall demand and receive
greater fees than are allowed by law, he shall forfeit to mas-
ter or owner double the amount of fees paid to him in any
such case, to be recovered in the same manner.
33. If any pilot or apprentice, without sufficient excuse,
shall refusc, when requested by the master, to go on board
any vessel and pilot her, or shall be intoxicated, or guilty of
any other misbehavior or neglect of duty while in charge of
a vessel, he shall be suspended not less than three nor more
than six months.
34. Whenever a pilot or apprentice shall be suspended, the
fact shall be published in some newspaper printed in Norfolk,
the cost of which shall be paid by such pilot; and if any pilot
so suspende’|, shall be found on board of any vessel as a pilot, or
shall offer to conduct any such vessel as such, he may be dis-
missed from such vessel by any pilot authorized to pilot her,
to whom all the fees of pilotage shall be paid, and the board
act; and whereas there were a large number of coupon
bonds printed under said act, and which now cumber the
safes of the treasurer, while by no probability can they be
hereafter used; be it therefore,
Resolved by the senate of Virginia (the house of delegates
concurring), That a committee of two upon the part of the
senate, and three upon the part of the house, be appointed,
who shall, in the presence of the governor of the common-
wealth, and the treasurer, cause to be destroyed by burning,
all the coupon bonds printed under the act of March twenty-
eighth, eighteen hundred and seventy-nine, now unissued in
the treasury, and that a list of bonds so destroyed, shall be
preserved in the offices of the treasurer and second auditor
of the commonwealth.
2. This joint resolution shall take effect from its passage.
Chap. 62.—An ACT to establish and define the boundaries of the town
of Wytheville.
Approved February 3, 1882.
1. Be it enacted by the general assembly, That the boun-
daries of the town of Wytheville, in the county of Wythe,
and state of Virginia, shall be extended and defined as fol-
lows: Beginning at the corner of the present corporate limits
of said town, marked twenty-six on the map of said town,
adopted by the board of trustees of said town on the twen-
ty-third day of Apri eighteen hundred and seventy-seven,
and recorded in the county court of said county, the said
beginning corner being the intersection of the north line of
Union street, and the west line of Eighteenth street, as
shown by said map; and running thence with said west line
of Eighteenth street, extending northwest and at right
angles to Main street, of said town, to a stake in the land of
David Sexton, one thousand and thirteen feet northwest
from the north line of said Main street, extending south-
west; thence by a line northeast and parallel with said Main
street, toa stake intheland of Mistress Susan Spiller, and in the
east line of Tenth street, of said town, extending northwest;
thence with the last named line, and at right angles with
said Main street, southeast to the present corporate line;
thence with the present corporate lines, and passing the cor-
ners thereof, marked on said map by numbers eighteen, sev-
enteen, sixteen, and fifteen, and with the last named line
extended northeast from said number fifteen, and parallel
with said Main street, to a stake in the land of John H.
Ewald, and in the east line of Ninth street, of said town,
extended northwest; thence with the last named line, south-
east and at right angles to said Main street, three hundred
and thirty-one feet, to a stake in the same land; thence by a
line northeast and parallel with said Main street, seven bun-
dred and thirty-eight feet, to a stake in the extension north-
west of the present corporate line of said town, marked on
said map by numbers eleven and ten: thence with the last
named line, and at right angles to said Main street, passing
southeast and said corners eleven and ten, and with the exten-
sion southeast of the last named line, to the south line of
Marshall strect, of said town, as shown by said map; thence
with the south line of the last named street, southwest to
the east line of First street, extended southeast; thence with
the last named line, and at right angles to said Main street,
southeast to the Norfolk and Western railroad ; thence with
said railroad southwestwardly to the line of the present cor-
porate limits of said town, and at the corner of said railroad,
marked two on said map; and tbence with the present cor-
porate limits, as shown on said map, by lines and corners,
marked by numbers one, thirty-one, thirty, twenty-nine,
twenty-eight, twenty-seven, and twenty-six, to the beginning ;
and the whole territory embraced and included within the
boundaries hereinbefore described, shall be and the same is
hereby made, with the inhabitants thereof, a part of the said
town of Wytheville, and subject to the same laws, rules,
regulations, ordinances, and government, as if it and they
had been included within the corporate limits of the said
town as heretofore established: provided, however, that such
of the lands which are used for farming and grazing pur-
poses, and which are taxed for county purposes, embraced
and included within the boundaries hereinbefore described,
and which bave not been actually laid off and divided into
town lots and streets, shall not be subject to taxation for cor-
poration purposes until the same shall have been so laid off
into town lots and streets.
2. This act shall be in force from its passage.
Chap. 62.—An ACT to incorporate the Richmond Elevator Company.
Approved February 4, 1882.
1. Be it enacted by the general assembly of Virginia, That
L. L. Bass, C. Edward Buek, Thomas W. McCance, John P.
Branch, W. J. Johnson, B.S. Fitch, and such other persons
as they may hereafter associate with them, shall be and they
are hereby made and constituted a body politic and corporate,
under the name and style of the Richmond Elevator com-
any.
2. That the said company shall have the power, and is
hereby authorized to erect and construct at or near the city
of Richmond, and such other point or points within the state
of Virginia as it may determine, warehouses, elevators, and
other buildings and structures, and may purchase, hold and
employ whatever agencies or property of any description its
business may require, not exceeding, however, fifty acres of
land in any one continuous tract.
3. That the said company may elevate and transfer grain
and other property, whether owned by said company or by
other parties, from cars, wagons or carriages, boats, barges,
or vessels, into storehouses, warehouses, mills, cars, wagons
or carriages, boats, barges, or vessels, and vice versa; and
also to warehouse, weigh, clean, and store grain and other
property, whether owned by said company or by other par-
ties; and to erect, buy or lease necessary and suitable build-
ings, structures, and machinery therefor, and generally to
conduct such other business as may be connected therewith.
4. That the said eompany may charge and collect such
rates and prices for elevating, transferring, warchousing,
weighing, cleaning, and storing, or any or either thereof, as
said company shall from time to time adopt, and for any
advances made by it on said grain, merchandise, or other
property stored or deposited with it for shipment or other
purposes, and for its tolls and rates aforesaid, and for all its
charges and expenses incident thereto, including the expense
of insuring, handling, keeping, and delivering such property,
the said company shall have a preferred lien on said grain,
merchandise and other property, which shall be paid before
the said company shall be required to deliver the same; and
in default of payment, said company may, upon ten days’
notice by advertisement of the time and place of sale, in some
newspaper published in the city nearest such elevator or
other building, sell so much of said property as may be requi-
site to discharge the amount of said lien.
3. That the capital stock of said company shall not exceed
the sum of two millions of dollars, divided into shares of one
handred dollars each; any portion of which said capital stock
may be made preferred or guaranteed, in such manner as the
company may determine, but at all meetings of the stock-
holders each share shall be entitled to one vote; and to said
capital stock any corporation, heretofore or hereafter char-
tered under the laws of this state, is hereby authorized to
subscribe, and the stock so subscribed shall have the same
privileges and powers, and be subject to the same conditions
and reyvulations, as the stock held by other stockholders
therein: provided, that no stock owned or held by any such
corporation shall be voted unless the same shall have been
fully paid for.
Phat said company may borrow money upon the issue
of its bonds or other evidences of debt, and pledge by mort-
gage deed, or otherwise, its property, ‘rights, and franchise,
for the payment of the same, and power is hereby given said
company to loan or advance money or other commodity, on
such securities and for such periods as said company may
think roper.
hat the principle office of said company shall be in the
city of Richmond, Virginia, and that the affairs of said com-
pany shall be managed by such officers as it may designate,
with power to make such by-laws, rules, and regulations, not
inconsistent with the laws of this tate, as they may deem
proper for the government of said company.
8. That it shall be lawful for the Richmond elevator com-
pany, a corporation now existing under a charter granted
by the circuit court of the city of Richmond, on the seventh
day of June, eighteen hundred and eighty-one, to accept the
benefits of the charter hereby granted at a general meeting
of its stockholders, called at any time hereafter for the pur-
pose, in which event the said company shall be forthwith
subject to all the obligations, and entitled to all the rights
and privileges hereby granted, or to which the company
organized under the provisions of this act, may or might be
entitled.
9. The said company shall be subject to the laws govern-
ing corporations generally, as prescribed in the Code of eigh-
teen hundred and seventy-three.
10. This act shall be in force from its passage.
Chap. 62.—An ACT to amend and re-enact an act passed March 3d,
1880, entitled an act authorizing the board of supervisors to deter-
mine what amount shall be paid certain county officers.
Approved April 14, 1882.
1. Be it enacted by the gencral assembly of Virginia, That
section one of an act approved March third, eighteen hun-
dred and eighty, entitled an act to amend and re-enact an
act passed April second, eighteen hundred and seventy-nine,
authorizing the board of supervisors to determine what
amount shall be paid to certain county officers, be amended
and re-enacted so as to read as follows:
§ 1. Be it enacted by the general assembly of Virginia,
That the board of supervisors of the respective counties shall
determine what annual allowances shall be made to the com-
monwealth’s attorneys, clerks, and sheriffs of their counties,
payable out of the county treasurys: provided that such
allowances to commonwealth’s attorneys, clerks, and sheriffs
shall not exceed in any county to each of said officers, the
sum of six hundred dollars: and provided further, that in
counties containing a population of ten thousand and less,
the allowance to said officers each, shall not exceed three
hundred dollars; and in counties containing a population of
ten thousand, and less than fifteen thousand, the allowance
to said officers each, shall not exceed four hundred dollars;
and in counties containing a population of fifteen thousand,
and less than twenty thousand, the compensation shall not
exceed five hundred dollars to each of said officers: provided
that in the county of Henrico, the annual allowance for
sheriff may be fixed at a sum not exceeding fifteen hundred
dollars: and provided further, that in the counties of Henrico
and Norfolk, that such annual allowance for the common-
wealth’s attorney may be fixed at a sum not exceeding one
thousand dollars.
2. This act shall be in force from its passage.
Chap. 62.—An ACT to repeal chapter 91 of the Code of 1878, and
all acte and parts of acts, in relation to pilots and piloting of vessels,
and to enact a law to govern and regulate pilots and piloting of ves-
sels in the waters of the stute of Virginia.
Approved April 21, 1882.
1. Be it enacted by the general assembly, That chapter
ninety-one of the Code of Virpinis of eighteen hundred and
seventy-three, and all acts and parts of acts heretofore passed,
in relation to pilots and the piloting of vessels, be and the
same are hereby repealed, and that the following provisions
be and the same are hereby substituted therefor, so as to
read as follows:
2. The court of Elizabeth county shall appoint three per-
sons, only one of whom shall be a branch pilot, and the cor-
poration court of Norfolk city, four persons, only two of whom
shall be branch,pilots, to constitute a board of commissioners
to examine persons applying for branches as pilots. The board
of commissioners shall hold its meetings in tne city of Nor-
folk, and four members thereof shall constitute a quorum.
And said commissioners shall have full authority to make such
rules as they may think necessary for the proper govern-
ment and regulation of pilots licensed by them.
3. The court by which any commissioner is appointed,
may remove him for incapacity, neglect of duty or miscon-
duct, and may fill a vacancy happening in the office of com-
missioner from any Cause.
4. Every person applying to the said board to be exam-
ined, shall produce a certificate of the court of the county or
corporation in which he resides, that he is of honest
demeanor, and a citizen of the state, and furnish proof of’ his
having served as an apprentice to some pilot of the state for
five years. If the board of examiners find him qualified to
act as a pilot, they shall take from him a bond, in the penalty
of five hundred dollars, and grant him a branch on his pay-
ing to said board five dollars; and they shall return said
bond to the clerk of the corporation court. Every pilot
holding a branch shall renew the same every twelve months;
for which renewal he shall pay one dollar, and all pilots who
have heretofore held branches under the pilot laws of this
State, shall renew said branches within sixty days after the
organization of the commission herein provided for.
5. All pilots shall be arranged into three classes, and every
branch shall designate whether the pilot thereby commis.
sioned belongs to the first, second, or third class.
6. Pilots of the first class may pilot and conduct vessels of
every burthen and description; those of the second class
shall be confined to vessels whose draft of water does not
exceed fifteen feet, and those of the third class to vessels
whose draft of water does not exceed twelve feet.
7. Every pilot, or the company to which he belongs, shall
keep one sufficient boat of at least thirty feet keel, which he
shall be attached to and cruise in, and any one acting as a
pilot without having such a boat, shall forfeit one hundred
and fifty dollars to any person who may sue for the same.
8. If any pilot boat shall not have her name, and the port
to which she belengs, marked ten feet below the head of her
foresail on each side, in letters at least nine inches long, the
owners thereof shall have no fees of pilotage, except in case
of steam pilot boats, which shall have her name on each bow
instead of on her foresail.
9. If any apprentice of a. pilot, being examined by the
board of commissioners which appointed his master, shall be
judged by them qualified, they may endorse on a copy of his
master’s branch the name of the pilot boat, her port, and the
class to which said master belongs, and thereupon such
apprentice may conduct and pilot vessels, as his master might
do, and subject to the same regulations.
10. If any person, not authorized by law, or any pilot,
after removing from the state, shall undertake to conduct or
pilot a vessel to or from the sea; or to or from any port or
place in Virginia, or if any master or person on board any
steamboat or towboat, shall tow a vessel to or from sea, or to
or from any port or place in Virginia, except as authorized
by this act, without having a pilot on board of such vessel,
if one shall offer his service, he shall be deemed guilty of a
misdemeanor, and, upon conviction thereof, shall be impri-
soned in the county or city jail, for not more than three
months, or fined any sum not exceeding two hundred dollars,
at the discretion of the court; and any master employing
any person not authorized by law, or any pilot who has
removed from the state, to act as a pilot of bis vessel, shall
forfeit and pay one hundred dollars to any regular branch
pilot who shall sue for the same; and warrants for such
offenders may be issued upon the oath- of any party com-
plaining, by any justice of the peace of any county, or mayor
or justice of the peace of any city in this state, in which
such offender may be at the time; and, upon proof of proba-
ble cause, the offender shall be bound, with security in due
form of law, to appear at the next term of the circuit, county,
or hustings court of said county or city, for trial of such
misdemeanor, and the circuit, county, or corporation court of
said county or city, shall have jurisdiction for the trial
thereof, as in other cases of misdemeanor.
11. The preceding section shall not prevent any pilot of
this state or Maryland, or any other person, from assisting a
vessel in distress, that he may fall in with, having Cape
Henry in view (and no authorized branch pilot appearing),
nor from conducting said vessel into Hampton roads, or any
other harbor. Any such pilot, or other person aforesaid,
shall be entitled to full pilotage; but, if he is not a pilot, he
shall deliver up the said vessel to any authorized pilot of this
state, who may offer his services to take charge of her, and
then shall receive from such pilot half the pilotage.
12. The master of every vessel (other than a coasting vessel
having a pilot license), inward bound from sea, shall take the
first Virginia pilot that offers his services, Cape Henry bear-
ing west of south to Smith’s point, Yorktown, Newport
News, or Norfolk, or any intermediate point; and any such
vessel, outward bound, shall take the first pilot that offers
his services at Smith’s point, Yorktown, Newport News, or
Norfolk, or any intermediate point, to sea; and any master
refusing to do so, shall immediately pay to the said pilot full
pilotage from the sea to Newport N ews, Smith’s point, York-
town, or Norfolk, from said ports to sea, as the case may be;
but no master of a vessel coming from sea shall be compelled
to take a pilot after arriving within the line at which Cape
Henry bears west of south; provided further, that any
registered vessel arriving within the line of Cape Henry,
bearing west of south, without having taken a pilot, bound
for Norfolk, Newport News, or Richmond, shall not be liable
for pilotage; but the master may pilot his own vessel to
Hampton roads, and there employ any steamboat or tow-
boat to tow his vessel to her port of destination; but in no
instance will any master be allowed to employ any steamboat
or tow-boat below Hampton roads without paying full pilot-
ago to the first regular pilot that offers his services to said
vessel, and any master so employing a steamboat or tow-boat
below Hampton roads without a pilot on board of such ves-
sel, when one shall have offered his services, shall be liable to
the penalty prescribed in section ten of this act. This pro-
vision applies only to inward bound vessels.
13. No master shall be required to have a pilot to conduct
his vessel or steamboat above Newport News, Yorktown,
Mobjack bay, Urbanna, or Smith’s point, but he may, by
himself, or by any person regularly employed on board, pilot
his own vessel, or he may employ the services of any tow-
boat, to tow his vessel to her port of destination above any
of the above-named points.
14. Pilots shall appoint agents—one for Norfolk city and
one for Richmond—who shall grant licenses to coasting ves.
sels trading in all the rivers of this state, for which license
such agents shall receive ten per centum per ton for one year
and coasting vessels having such licenses shall be free to sai
without pilots to or from sea; but all vessels sailing under :
coasting license of the burden of seventy tons or more, com.
ing from or going to sea, not paving obtained a license fron
such agent, shall be subject to the same regulations anc
protage as registered vessels belonging to citizens of th
nited States.
15. The master of any coasting vessel wanting a pilot t
any port in this state, shall signify it by a signal at his fore
mast or foretopmast head; whereupon a pilot shall repair t
and pilot said vessel.
16. Pilots shall have pilotage at the following rates: For
every vessel owned by citizens of the United States, and for
every vessel owned by a citizen or subject of any foreign
state, whose vessels are by treaty placed on the same footing
as vessels of the United States, if the vessel be spoken or
boarded to the eastward of Cape Henry, there shall be paid
for each foot the vessel draws, as follows: From sea to
Smith’s Point, West Point, Newport News, Norfolk, or any
prace between Smith’s Point, West Point, Newport News, or
orfolk, vessels drawing ten feet and under, two dollars and
fifty cents; vessels drawing thirteen feet and over ten feet,
three dollars; vessels drawing fourteen feet and over thirteen
feet, three dollars and fifty cents; vessela drawing sixteen
feet and over fourteen feet, four dollars; vessels drawing
over sixteen feet, four dollars and fifty cents. If the vessel
shall be boarded or spoken twenty miles or more eastward of
Cape Henry, twenty-five cents per foot shall be added to the
foregoing rates. There shall be paid the same pilotage from
Smith’s Point, West Point, Newport News, or Norfolk, or
any intermediate point to sea, as from sea to those places;
and from Newport News to Jamestown, or any place between
Newport News and Jamestown, one dollar and thirty-five
cents per foot; from Newport News to Richmond, or any
place between Jamestown and Richmond, two dollars and
fifty cents per foot; and the same rates of pilotage shall be
paid from said places, respectively, down. Vessels coming
from sea to Hampton roads and thence to any port in Mary-
land, shall be subject to the same rate of pilotage as vessels
bound from Newport News to sea. All vessels coming to
Hampton Roads, seeking, in ballast, shall only pay one-balf
pilotage in and one-half out: provided, however, that if
such vessel coming to Hampton roads, seeking, is after-
wards chartered to load in any port or place in this state,
she shall pay the usual pilotage in and out as though she bad
come to a direct port. All steamers calling in any port or
place in this state for the sole purpose of coaling, shall only
pay one-half pilotage in, and one-half pilotage out. All ves-
sels that go from Norfolk to Newport News to load or to
finish loading, and all vessels that go from Newport News to
Norfolk to load or finish loading, shall, if they take a pilot,
which shall be optional with the master, pay a fee of ten
dollars to the pilot for transporting any such vessel to or
from either place.
17. If the master of any vessel shall conceal or obscure
the name thereof, or refuse to disclose the same when spoken
by a pilot, he shall forfeit to the said pilot fifty dollars.
18. If any pilot notified to attend a vessel shall be detained,
he shall have three dollars for each day’s detention.
19. Any pilot who shall attend any vessel with bis boat, at
the request of the master or owner, shall have fifty dollars
per day; any master carrying any pilot to sea, shall pay him
wages at the rate of seventy-five dullars per month.
t
20. If any vessel having no pilot on board follow another
that has a pilot, such pilot shall have pilotage for the vessel
so following. )
21. Any pilot being detained on board any sea-going vessel,
shall be entitled to three dollars for each day he may be so
detained, to be paid by the master, owner or consignec of
such vessel. If any such pilot be carried beyond the limits
of his state against his will, he shall be entitled to recover
the sum of three hundred dollars from the master or owner
of the vessel upon which he may have been carried away.
All vessels having a branch pilot, and arriving at the pilot
station, shall remain there fifteen hours, if required, to give
such pilot an opportunity to be taken off, under a penalty of
fifty dollars.
22. Hereafter all vessels transported from the naval anchor-
age to the navy-yard by any pilot, shall pay the sum of
twenty dollars.
23. The first pilot who meets a vessel coming, in which his
branch entitles him to conduct, shall have the right to take
charge of and conduct her into York river, Hampton roads,
Newport News, Norfolk, Mobjack bay, Urbanna, or Smith’s
point aforesaid, and to receive the pilotayve allowed by law;
ut any pilot that boards a vessel off any veasel other than
his boat, shall give the same to the first authorized pilot that
offers his services from a lawful Virginia pilot-boat any where
below the Thimble light; and the master of any such vessel
employing a pilot from any other than alawful Virgima pilot-
boat, shall be liable to the first regularly licensed pilot that
offers his services from a lawful pilot-boat of this state any-
where below Thimble light. |
24. Every pilot cruising or standing out to sea shall offer
his services to the vessel of his class nearest to land or in
most distress.
25. The master and owner of every vessel shall each be
liable to the pilot for his pilotage and. other allowances, and
also the consignee or supercargo of any vessel not owned by
a citizen of the state; and if the said consignee or super-
cargo refuse to become responsible to the pilot for his fee,
then the master or owner of said vessel shall deposit the
amount of pilotage fees due in the hands of some responsible
person before leaving her port of departure, subject to the
order of the pilot...
26. Pilots may state their accounts, verified by affidavits,
and lodge them with their agents in Norfolk, Richmond,
Newport News or Yorktown, or wherever they may think it
necessary to appoint such agent for collection; and if any
person liable on any such account, shall fail to pay the amount
thereof to the agent or the pilot himself within three days’
after demand made, he shall pay five dollars (in addition to
said amount) to said pilot.
27. The board of commissioners may decide any contro-
versy between pilots to whom it has granted branches, or
between any such pilot and the master, owner, or consignee
of any vesscl, which may arise under any law concerning
pilots. Its decision shall be final. If such decision requires
the payment of money, the board shall enter a judgment
therefor on the record of its proceedings; and on a copy
thereof being put into the hands of any sheriff, constable, or
sergeant, he shall enforce payment thereof as if it were an
execution against the property of the debtor, and have the
same fee.
28. But no judgment shall be entered unless due notice be
given of the time and place of trial, and of the claim or
charges to be preferred, and where the charge is against the
pilot for neglect of duty or violation of law, such judgment
shall in no case be for a longer suspension of the branch of
the accused than twelve months, nor less than one month, at
the discretion of the commissioners, unless where a longer
time is expressly prescribed.
29. Nothing herein shall authorize such board to decide
upon the liability of a pilot or his apprentice to any party
injured by his negligence or misconduct, or to prevent such
party from recovering for all damages occasioned thereby.
30. The board shall appoint a clerk, who shall keep a
record of all its proceedings, and the said commissioners, or
any one of them, may administer an oath and issue a sum-
mons.
31. Each person who shall appear before the board to be
examined as a pilot, shall pay to each commissioner present,
and also to the clerk, one dollar. When the board makes a
decision in a matter of controversy, the person against whom
the decision is, shall pay to each commissioner one dollar, and
to the clerk fifty cents.
32. If any pilot shall, tcr any service, demand or receive
less than the lawful fees, he shall forfeit the amount of said
lawful fee, which may be recovered by any person who will
claim the same, by warrant or by motion, one-half of which
recovery shall be paid to the board of commissioners. Such
pilot may, moreover, be suspended by said board, not exceed-
ing six months. And if any pot shall demand and receive
greater fees than are allowed by law, he shall forfeit to mas-
ter or owner double the amount of fees paid to him in any
such case, to be recovered in the same manner.
33. If any pilot or apprentice, without sufficient excuse,
shall refusc, when requested by the master, to go on board
any vessel and pilot her, or shall be intoxicated, or guilty of
any other misbehavior or neglect of duty while in charge of
a vessel, he shall be suspended not less than three nor more
than six months.
34. Whenever a pilot or apprentice shall be suspended, the
fact shall be published in some newspaper printed in Norfolk,
the cost of which shall be paid by such pilot; and if any pilot
so suspende’|, shall be found on board of any vessel as a pilot, or
shall offer to conduct any such vessel as such, he may be dis-
missed from such vessel by any pilot authorized to pilot her,
to whom all the fees of pilotage shall be paid, and the board
act; and whereas there were a large number of coupon
bonds printed under said act, and which now cumber the
safes of the treasurer, while by no probability can they be
hereafter used; be it therefore,
Resolved by the senate of Virginia (the house of delegates
concurring), That a committee of two upon the part of the
senate, and three upon the part of the house, be appointed,
who shall, in the presence of the governor of the common-
wealth, and the treasurer, cause to be destroyed by burning,
all the coupon bonds printed under the act of March twenty-
eighth, eighteen hundred and seventy-nine, now unissued in
the treasury, and that a list of bonds so destroyed, shall be
preserved in the offices of the treasurer and second auditor
of the commonwealth.
2. This joint resolution shall take effect from its passage.