Chap. 87.—An ACT to amend and re-enact an act entitled ‘“‘An Act to make it un-
lawful for any person to drive or operate any automobile or other motor vehicle,
engine or train while under the influence of alcohol, brandy, rum, whiskey, gin,
wine, beer, lager beer, ale, porter, stout, or any other liquid, beverage or article
containing alcohol, or under the influence of any narcotic drug, or any other
self-administered intoxicant or drug of whatsoever nature; to prescribe penalties
for violations thereof, and to require convictions thereunder to be reported to
the Director of the Division of Motor Vehicles.”’, approved March 22, 1934.

H B 196]
Approved February 26, 1940

1. Be it enacted by the General Assembly of Virginia, That an
act entitled ‘‘An Act to make it unlawful for any person to drive or
operate any automobile or other motor vehicle, engine or train while
under the influence of alcohol, brandy, rum, whiskey, gin, wine, beer,
lager beer, ale, porter, stout, or any other liquid, beverage or article
containing alcohol, or under the influence of any narcotic drug, o1
any other self-administered intoxicant or drug of whatsoever nature:
to prescribe penalties for violations thereof, and to require convictions
thereunder to be reported to the Director of the Division of Motor
Vehicles.”, approved March twenty-second, nineteen hundred and
thirty-four, be amended and re-enacted so as to read as follows:

Section 1. It shall be unlawful for any person to drive or operate
any automobile or other motor vehicle, car, truck, engine, or train.
while under the influence of alcohol, brandy, rum, whiskey, gin, wine.
beer, lager beer, ale, porter, stout, or any other liquid, beverage. o1
article containing alcohol or while under the influence of any narcotic
drug, or any other self-administered intoxicant or drug of whatsoeve:
nature. .

Section 2. Any person who violates any provision of this act
shall be guilty of a misdemeanor, punishable by a fine of not less thar
one hundred dollars nor more than one thousand dollars or imprison.
ment for not less than one month nor more than six months, eithe:
or both in the discretion of the court or jury trying the same, for <
first offense, and the court may, in its discretion, suspend the sen
tence during the good behavior of the person convicted. Any persor
convicted of a second, or other subsequent offense under this act
shall be punishable by a fine of not less than one hundred dollars nor
more than one thousand dollars and by imprisonment for not less
than one month nor more than one year.

Section 3. The judgment of conviction, if for a first offense under
this act, or for a similar offense under any city or town ordinance,
shall of itself operate to deprive the person convicted, of the right
to drive or operate any such vehicle, conveyance, engine or train in
this State for a period of one year from the date of such judgment,
and if for a second or other subsequent offense, for a period of three
years from the date of the judgment of conviction thereof. If any
person has heretofore been convicted of violating any similar act of
this State and thereafter is convicted of violating the provisions of
section one of this act, such conviction shall for the purpose of this
act be a subsequent offense and shall be punished accordingly; and
the court may, in its discretion, suspend the sentence during the good
behavior of the person convicted. If any person so convicted shall,
during the time for which he is deprived of his right so to do, drive
Or operate any such vehicle, conveyance, engine or train in this State,
he shall be guilty of a misdemeanor; but nothing in this act shall be
construed as conflicting with or repealing any ordinance or resolution
of any city, town or county, heretofore or hereafter adopted, which
restricts still further the right of such persons to drive or operate
any such vehicle or conveyance.

Section 4. The clerks of all courts of record and every justice of
the peace, including police, trial and juvenile justice, shall, within
thirty days after final conviction of any person in his court under
this act, report the fact thereof and the name, postoffice address and
street address of such person, together with the license plate number
on the vehicle operated by such person, to the Director of the Division
of Motor Vehicles, who shall preserve a record thereof in his office.
Chap. 88—An ACT to amend and re-enact Sections 1 and 2 of an act entitled “An
act to authorize the governing boards of the University of Virginia, the Virginia
Polytechnic Institute, the Virginia Normal and Industrial Institute and the
State Teachers Colleges at Farmville and Harrisonburg to issue and sell, through
the commissioners of the sinking fund, certificates of indebtedness in the name
and on behalf of their institutions, respectively, to raise funds for dormitory
construction purposes and for the construction of a power and heating plant
at the Virginia Polytechnic Institute, subject to the conditions and limitations
contained in this act; to provide for the payment of the interest thereon and
the principal thereof at maturity; to authorize and require the State Board of
Education to sell any State bonds held as a part of the literary fund, when so
directed by the Governor, and to invest the proceeds derived from the sale of
such bonds in the certificates of indebtedness issued under the provisions of
this act and to authorize and require the State Board of Education, when so
directed by the Governor, to invest any uninvested portion of the literary fund
in the certificates of indebtedness issued under the provisions of this act; which
follows the plan of the Noel Act, Chapter 489, Acts of 1926, adopted in the
budget,’ approved February 28, 1928, as heretofore amended, so as to authorize
the governing body of the State Teachers College at Farmville to issue and sell
in accordance with the provisions of the said act certificates of indebtedness in
an additional amount not to exceed $30,000.00. {S B 47]

Approved February 26, 1940

1. Be it enacted by the General Assembly of Virginia, That
sections one and two of an act entitled ‘“‘an act to authorize the gov-
erning boards of the University of Virginia, the Virginia Polytechnic
Institute, the Virginia Normal and Industrial Institute and the State
Teachers Colleges at Farmville and Harrisonburg to issue and sell,
through the commissioners of the sinking fund, certificates of in-
debtedness in the name and on behalf of their institutions, respectively,
to raise funds for dormitory construction purposes and for the con-
struction of a power and heating plant at the Virginia Polytechnic
Institute, subject to the conditions and limitations contained in this
act; to provide for the payment of the interest thereon and the prin-
cipal thereof at maturity; to authorize and require the State Board
of Education to sell any State bonds held as a part of the literary
fund, when so directed by the Governor, and to invest the proceeds
derived from the sale of such bonds in the certificates of indebtedness
issued under the provisions of this act and to authorize and require
the State Board of Education, when so directed by the Governor,
to invest any uninvested portion of the literary fund in the certifi-
cates of indebtedness issued under the provisions of this act; which
follows the plan of the Noel Act, chapter four hundred and eighty-
nine, Acts of nineteen hundred and twenty-six, adopted in the bud-
get,’ approved February twenty-eight, nineteen hundred and twenty-
eight, as heretofore amended, be amended and re-enacted so as to
read as follows:

Section 1. The governing boards of the University of Virginia
at Charlottesville, the Virginia Polytechnic Institute at Blacksburg,
the Virginia Normal and Industrial Institute at Petersburg, the
State Teachers College at Farmville, and the State Teachers College
at Harrisonburg, are hereby severally authorized, through the com-
missioners of the sinking fund, to issue and sell certificates of in-
debtedness in the names and on behalf of the institutions, respectively,
to raise funds for the construction and equipment of dormitories,
subject to the conditions and limitations hereinafter set out; and the
governing board of the Virginia Polytechnic Institute at Blacksburg
is hereby authorized, through the commissioners of the sinking fund,
to issue and sell certificates of indebtedness in the name and on
behalf of that institution to raise funds for the construction, equip-
ment and completion of a power and heating plant, subject to the
conditions and limitations hereinafter set out, and the governing
board of the Medical College of Virginia at Richmond is hereby
authorized, through the commissioners of the sinking fund, to issue
and sell certificates of indebtedness in the name and on behalf of
that institution to raise funds for the payment of its outstanding
indebtedness now due or to become due, subject to the conditions and
limitations hereinafter set out. All buildings constructed with funds,
derived from such certificates of indebtedness shall be as nearly fire-
proof as is possible and, except in the case of the two hundred and
fifty thousand dollars ($250,000.00) to be borrowed by the Virginia
Polytechnic Institute, and the two hundred and fifty thousand dollars
($250,000.00) to be borrowed by the Medical College of Virginia, all
the money made available by this act to the institutions named in
this act shall be used only for the construction and equipment of
dormitories.

Section 2. The amount of certificates, which may be issued on
behalf of each of the institutions herein named, shall be as follows:

For the construction and equipment of dormitories: The Univer-
sity of Virginia at Charlottesville an amount not exceeding five hun-
dred thousand dollars ($500,000.00) ;

The Virginia Polytechnic Institute at Blacksburg an amount not
exceeding one hundred and fifty thousand dollars ($150,000.00):

The Virginia Normal and Industrial Institute at Petersburg an
amount not exceeding one hundred and thirty-three thousand, three
hundred and thirty-five dollars ($133,335.00);

The State Teachers College at Farmville an amount not exceeding
two hundred and sixty-four thousand dollars ($264,000.00);

The State Teachers College at Harrisonburg an amount not
exceeding one hundred thousand dollars;

For the construction, equipment and completion of a necessary
power and heating plant: The Virginia Polytechnic Institute at
Blacksburg an amount not exceeding two hundred and fifty thousand
dollars ($250,000.00).

For the payment of its outstanding indebtedness now due or to
become due: The Medical College of Virginia at Richomnd an amount
not exceeding two hundred and fifty thousand dollars ($250,000.00).