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	1945es
Law Number	44
Subjects	Amendments Children -- Institutional care Employment and labor Judicial Public officers Public expenditures Recreation Transportation Voting

Chap. 44.—An ACT to amend and re-enact Section 1948 of the Code of Virginia,
as amended, relating to special justices of juvenile and domestic relations
courts, special substitute justices, and their powers, duties and compensation.

[H. B. 32]
Approved April 5, 1945

Be it enacted by the General Assembly of Virginia : -

1. That section nineteen hundred forty-eight of the Code of Vir-
ginia, as amended, be amended and re-enacted, as follows:

Section 1948. Courts of special justice; appointment of substitute
justices; when substitute justice to act——Such special justice shall hold
court as may be provided by ordinance of the city for which he is ap-
pointed or at such times and places within his territorial jurisdiction as
he may designate; but he shall be allowed a vacation period of at least
thirty days during each year. The judge of the corporation or hustings
court of each of such cities shall, by proper order of record, appoint upon
the recommendation of such special justice, as a substitute justice of the
juvenile and domestic relations court, a discreet and competent person,
and may at any time revoke such appointment, and make a new appoint-
ment in like manner in the event of such revocation, or of the resignation,
death, absence or disability of such substitute justice. In the event of the
disability of the special justice to perform the duties of his office by
reason of sickness, absence or otherwise, or of the impropriety of his
acting, such substitute justice shall perform the duties and possess the
powers of the special justice during such period, and in the event of the
resignation, death, removal, or permanent disability of the special justice,
such substitute justice shall act until a successor has been elected and
has qualified.

Provided, however, that in cities having a population of not less
than one hundred forty-four thousand, nor more than one hundred
ninety-three thousand according to the last preceding United States
census, the judge of the corporation or hustings court of each of said
cus. 44, 45] ACTS OF ASSEMBLY , | 4]

cities may, upon the written request of such special justice setting forth
the need therefor, and being satisfied of the necessity therefor, appoint,
by order of record, a suitable resident of said city, qualified to practice
law in this State, to act as special substitute justice of such juvenile and
domestic relations court, from time to time; and for such period or
periods of time as may be specified in such order of appointment, and
such judge may at any time revoke such appointment and make a new
appointment in like manner. |

Such special substitute justice shall, during the period or periods
he is so authorized to act, possess all the powers now or hereafter con-
ferred by law on such special justice, except the power and authority to
appoint officers and employees of such juvenile and domestic relations
court. Such special substitute justice shall hear such cases and perform
such duties as may be assigned to him by said special justice. Appeal
shall be allowed from any order or judgment of such special substitute
justice, as now or hereafter provided by law for appeals from any order
or judgment of such special justice.

Such substitute justice and such special justice shall receive for
their services such compensation as the respective city councils or other
governing bodies shall determine.

2. An emergency exists and this act is in force from its passage.

Chap. 45—An ACT to provide for the regulation by certain counties and towns
of taxicabs and other motor vehicles used for the transportation of passengers
for a consideration, and to repeal Chapters 76 and 227 of the Acts of Assembly
of 1944, relating to the same matters. [H. B. 65]

Approved April 5, 1945

Be it enacted by the General Assembly of Virginia:

1. Section 1. The governing body of any county having a popu-
lation in excess of one thousand per square mile, or of any county having
a population in excess of thirty-five thousand and which adjoins two
cities having a population of not less than fifty thousand each, or of any
county adjoining a city having a population of more than one hundred
thousand and less than one hundred fifty thousand, all according to the
latest preceding United States census, or of any county having an area
of less than seventy-two square miles, or of any county having an area
of more than three hundred ninety-six and less than four hundred
twelve square miles, and the governing body of any town in any such
county, may require a license for and impose upon and collect a license
tax from every person, firm, association or corporation who or which
operates or intends to operate in such county or town any taxicab-or
other motor vehicle for the transportation of passengers for a considera-
tion. The tax may be upon each such motor vehicle so operated. The
governing body of the county or town may by ordinance provide for
levying and collecting the tax, and may impose penalties for violations
of the ordinance and for operating any such motor vehicle without ob-
taining the required license. | |
Section 2. No such county or town shall require a license or im-
pose a license tax for the operation of any such motor vehicle for which
a similar license is imposed or tax levied by the county, city or town
of which the owner or operator of the motor vehicle is a resident; nor
shall more than one county, city or town impose any such license fee or
tax on the same vehicle. This act shall not be construed to apply to com-
mon carriers of persons or property operating as public carriers by au-
thority of the State Corporation Commission or under a franchise granted
by any county, city or town. |

Section 3. The governing body of any county or town may pre-
scribe such reasonable regulations as to the character and qualifications
of operators of any such vehicle as they deem proper, and may provide
for the designation and allocation, by the sheriff or chief of police, of
stands for such vehicles and the persons which may use same.

Section 4. The governing body of any county or town covered
by this act may regulate the rates and charges of any motor vehicle used
for the transportation of persons for a consideration on any highway,
street, road, lane, or alley in the county or town, and may prescribe such
reasonable regulations as to filing of schedules of rates, charges and the
general operation of such vehicles, as it deems proper.

Section 5. Every owner or operator of a motor vehicle used as a
vehicle for the transportation of persons for a consideration on any high-
way, street, road, lane or alley in any county or town covered by this
act who violates any of the provisions of this act or regulation of the
governing body made pursuant to this act shall be guilty of a misde-
meanor, and upon conviction thereof be fined not more than one hun-
dred dollars for the first offense and not more than five hundred dollars
for each subsequent offense.

2. That chapters seventy-six and two hundred twenty-seven of the
Acts of Assembly of nineteen hundred forty-four, approved February
twenty-eight, nineten hundred forty-four and March fifteenth, nineteen
hundred forty-four, respectively, are repealed.

3. An emergency exists and this act is in force from its passage.

Chap. 46—An ACT to amend and re-enact Section 2773-n 55 of the Code of Vir-
ginia, as amended, relating to certain officers in counties operating pes cer-
tain forms of county government. [H. B. 67]

Approved April 5, 1945

Be it enacted by the General Assembly of Virginia:

1. That section twenty-seven hundred seventy-three-n fifty five of
the Code of Virginia, as amended, be amended and re-enacted, as follows:

Section 2773-n 55. (a) The following officers shall not, except
as herein otherwise provided, be affected by the adoption of either the
county executive form or the county manager form: (1) jury commis-
sioners, (2) examiners of records, (3) notaries public, (4) county elec-
toral boards, (5) registrars, (6) judges and clerks of elections, and
(7) justices of the peace, provided, however, that in any county which
adopts either the county executive form or the county manager form
there shall be appointed or elected in the manner provided by law not to
exceed one justice of the peace in each magisterial district ; in any magis- |
terial district, in which at the time either of the forms of organization
and government is adopted there is more than one justice of the peace or
no justice of the peace the judge of the circuit court of the county shall
appoint one justice, who shall hold office until his successor shall be
elected or appointed and qualified; the terms of the other justices of the
peace in such magisterial district shall expire when the appointee takes
office; provided that in any county adopting and operating under the
county manager form, which adjoins a city, lying wholly in the Com-
monwealth of Virginia, having a population of one hundred seventy
thousand or more, according to the last preceding United States census,
the judge of the circuit court of such county may, if he deems the same
necessary or expedient, appoint an additional justice of the peace for each
magisterial district in the county, and in any county having an area of not
less than sixty nor more than eighty square miles the judge of the circuit
court of the county may if he deems the same necessary or expedient ap-
point not less than one nor more than three justices of the peace for
each magisterial district in the county, to serve during the pleasure of
the judge of the court, and each justice of the peace so appointed shall
give bond and qualify as prescribed by law for justices of the peac
elected by the people. —
(b) Provisions of law in conflict with any form of county organi-
zation and government adopted by any county pursuant to sections
twenty-seven hundred seventy-three-n one to twenty-seven hundred
seventy-three-n fifty-six, both inclusive, shall not apply to the county.
2. An emergency exists and this act is in force from its passage.

Chap. 47—-An ACT to authorize the governing body of any county to impose a
license tax on and to regulate dealers in pistols and revolvers, to require regis-
tration of purchasers of such firearms, and to impose penalties for violations.

[H. B. 70]
Approved April 5, 1945

Be it enacted by the General Assembly of Virginia :

I. Section 1. The governing body of any county may impose
a license tax of not more than twenty-five dolars ($25.00) on persons
engaged in the business of selling pistols and revolvers to the public.

Section 2. The governing body of any county may further require
sellers of pistols and revolvers to furnish the clerk of the circuit court of
the county, within ten days of sale of any such weapon, with the name
and address of the purchaser, the date of purchase, and the number, make
and calibre of the weapon sold. The clerk shall keep a record of the re-
ports. : an “

_ Section 3. The governing body may impose penalties for viola-

tions thereof by a fine of not exceeding one hundred dollars and im-
prisonment in jail for not exceeding six months, either or both.
Chap. 48—An ACT to authorize a county operating under the executive form of
government to assume indebtedness of its magisterial districts; providing
means by which the voters of the county may approve or reject the same;
authorizing appropriation of unexpended balances in general funds toward
payment of indebtedness assumed; and authorizing issuance of bonds of the
county for refunding of district indebtedness. [H. B. 73]

Approved April 5, 1945

Be it enacted by the General Assembly of Virginia:

1. Section 1. Any county operating under the executive form of
government may assume indebtedness of one or more of its magisterial
districts heretofore incurred for the construction of roads, provided the
voters in the county vote in favor of the assumption of such indebtedness.

Section 2. The circuit court of the county, or the judge thereof in
vacation, upon the petition of a majority of the board of county super-
visors of said county,- shall make an order requiring the judges of elec-
tion at the next regular election, or at any other time not less than thirty
days from the date of such order, which shall be designated therein, to
open a poll and take the sense of the qualified voters of the county upon
the question of whether the county shall assume the road indebtedness
(0) PRE, ORE cscs stata ates em ite districts.

Section 3. The regular election officets of the county at the time
designated in the order authorizing the vote shall open the polls at the
various voting places in the county and the ballots for such election shall
be prepared, distributed and voted, the election conducted, and the re-
sult thereof ascertained and certified in the manner provided by law in
other elections, except that there shall be printed upon the said ballots
the question, “Shall the county assume the road indebtedness of ................
district, or districts?” (as the case may be), and the following:

C] For
Ol Against

Section 4. Ifa majority of the voters at the election vote in favor
of the assumption of indebtedness of districts, or a district, of the county,
such indebtedness shall become an obligation of the county as binding
thereon as if contracted by the county in its inception and may be en-
forced against it like any debt of the county as provided by law, and the
obligation shall be validated and shall not be questioned thereafter by the
county.

Section 5. Ifa majority of the voters at the election vote in favor
of the assumption of such indebtedness, the board of county supervisors
are authorized and empowered to appropriate any part or all of the sur-
plus in the general funds of the county, not otherwise appropriated,
toward payment of the indebtedness assumed; and the board is likewise
authorized and empowered to issue new bonds of the county at the
same, or a lower, rate of interest for such amount as may then be neces-
sary to retire outstanding bonds of the districts, such new bonds to be
issued in accordance with the provisions of sections three, four and five
of chapter eighty-six of the Acts of Assembly of nineteen hundred thirty-
cus. 48, 49] ACTS OF ASSEMBLY } 45

six, approved February twenty-eight, nineteen hundred thirty-six; and
thereafter the board of county supervisors is authorized and empowered,
and it shall be their duty to provide for the imposition and collection
annually of a tax in addition to all other taxes on property subject to
local taxation and not exempt from the levy of taxes formerly levied for
the payment of bonds refunded, sufficient in amount to pay the interest
on such bonds and the principal thereof, as the same respectively become
due, notwithstanding any tax rate limitations which would otherwise be
applicable to the levy of such taxes, and such tax shall be levied and
collected by the same officers, at the same time and in the same common
manner as general taxes of the county; and the sale of such bonds, de-
posit of proceeds, security for deposits, provisions for sinking funds, and
expenses of authorization and issuance shall be in accordance with the
provisions of general law except that the taxes for the payment of said
bonds, principal and interest, shall be uniformly levied throughout the
county. The refunding bonds may be issued at any time within three
years prior to the date of maturity, or the optional redemption date, of
the bonds to be refunded, and the proceeds of the sale of such refunding
bonds shall be invested in obligations of the United States of America
maturing, or redeemable at the option of the holder, not later than the
date of maturity or the optional redemption date of the bonds to be re-
funded. ,

Section 6. Nothing herein contained shall affect the validity of
existing bonds of any district in a county now operating under the ex-
ecutive form of government.

Chap. 49—An ACT to authorize the town councils of the Towns of Tazewell and
North Tazewell, respectively, to appropriate town funds for the purchase or
erection of a Veterans Memorial or Veterans Home in their respective towns.

[H. B. 74]
Approved April 5, 1945

Be it enacted by the General Assembly of Virginia:

1. The town council of the Town of Tazewell, and the town council
of the Town of North Tazewell are authorized to appropriate town funds
for the purchase or erection of a Veterans Memorial or a Veterans Home
in their respective towns as a monument to the war veterans of such
towns.

Funds appropriated hereunder may be contributed by such councils
to any corporation or association organized for the purpose of acquiring
and establishing such a home or memorial in their respective towns.

2. An emergency exists and this act is in force from its passage.
Chap. 50—An ACT to authorize the governing body of the County of Tazewell
to appropriate county funds for the purchase or erection of a Veterans Me-
morial or Veterans Home as a monument to certain veterans. [H. B. 75]

Approved April 5, 1945

Be it enacted by the General Assembly of Virginia:

I. The governing body of the county of Tazewell is authorized to
appropriate county funds for the purchase or erection of a Veterans
Memorial or Veterans Home in the county as a monument to the war
veterans of the county,

Funds appropriated hereunder may be contributed by the governing
body to any corporation or association organized for the purpose of ac-
quiring and establishing such a home or memorial in the town of Taze-
well.

Z. An emergency exists and this act is in force from its passage.

Chap. 51—An ACT to authorize the town council of the Town of Galax in the
county of Grayson to appropriate town funds for the purchase or erection of

a Veterans Memorial or Veterans Home in the town. [H. B. 81]

Approved April 5, 1945

Be it enacted by the General Assembly of Virginia: |

1. The town council of the Town of Galax in the.County of .Gray-
son is authorized to appropriate town funds for the purchase or erection
of a Veterans Memorial or a Veterans Home in the town as a monument
to the war veterans of the town.

Funds appropriated hereunder may be contributed by the council
to any corporation or association organized for the purpose of acquiring
and establishing such a home or memorial in the town of Galax.

Zz, An emergency exists and this act is in force from its passage.

Chap. 52—An ACT to authorize the governing body of the County of Grayson
to appropriate county funds for the purchase or erection of a Veterans Me-
morial or Veterans Home as a monument to certain veterans. [H. B. 82]

Approved April 5, 1945

Be it enacted by the General Assembly of Virginia:

1. The governing body of the County of Grayson is authorized to
appropriate county funds for the purchase or erection of a Veterans
Memorial or Veterans Home in the county as a monument to the war
veterans of the county. ]

-Funds appropriated hereunder may be contributed by the govern-
ing body to any corporation or association organized for the purpose of
acquiring and establishing such a home or memorial in the town of Galax.

2. An emergency exists and this act is in force from its passage.
Chap. 53—An ACT to authorize the town council of the Town of Gate City in
the County of Scott to appropriate town funds for the purchase or co of
a Veterans Memorial or Veterans Home. lH. B. 83]

Approved April 5, 1945

Be it enacted by the General Assembly of Virginia :

1. The town council of the Town of Gate City is authorized to ap-
propriate town funds for the purchase or erection of a Veterans Memorial
or a Veterans Home in the town of Gate City as a monument to the war
veterans of such town.

Funds appropriated hereunder may be contributed by such council
to any corporation or association organized for the purpose of acquiring
and establishing such home or memorial in the town of Gate City. This
act shall not operate to validate appropriations heretofore made for any
such purposes.

2. An emergency existing, this act is in force from its passage.

Chap. 54—An ACT to authorize the governing body of the County of Scott to
appropriate county funds for the purchase or erection of a Veterans Memorial
or Veterans Home as a monument to certain veterans. [H. B. 84]

Approved April 5, 1945

Be it eoanted by the General Assembly of Virginia:

1. The governing body of the County of Scott is authorized to
appropriate county funds for the purchase or erection of a Veterans Me-
morial or Veterans Home in the county as a monument to the war
veterans of the county.

Funds appropriated hereunder may be contributed by the govern-
ing body to any corporation or association organized for the purpose
of acquiring and establishing such home or memorial in the town of Gate
City. This act shall not operate to validate appropriations heretofore
made for any such purposes.

2. An emergency exists and this act is in force from its passage.

Chap. 55—An ACT to amend and re-enact Section 2742, as amended, of the
Code of Virginia, relating to boards of supervisors of counties and powers
as to erection of monuments as memorials. [S. B.35]

Approved April 5, 1945

Be it enacted by the General Assembly of Virginia:

1. That section twenty-seven hundred forty-two, as amended, of
the Code of Virginia, be amended and re-enacted, as follows:

Section 2742. Circuit court and board of supervisors of any county
may authorize and permit, and aid in the erectiqn of certain monuments
or memorials at the county seat thereof—The circuit court of any county
may, with the concurrence of the board of supervisors of the county
entered of record, authorize and permit the erection of a Confederate or
48 , ACTS OF ASSEMBLY [va., EX. 1945

Spanish-American War, or World War I or World War II monument
or memorial upon the public square of such county at the county seat
thereof. And if the same shall be so erected it shall not be lawful there-
after for the authorities of the county, or any other person or persons
whatever, to disturb or interfere with any monument or memorial so
erected, or to prevent the citizens of the county from taking all proper
measures and exercising all proper means for the protection, preserva-
tion and care of same.

And the board of supervisors may appropriate a sufficient sum or
sums of money out of the funds of the county to complete or aid in the
erection of a monument or memorial to the Confederate, or Spanish-
American War, or World War I or World War II veterans of the
county upon the public square thereof, or elsewhere at the county seat ;
and they are also authorized to make a special levy to raise the money
necessary for the completion of any such monument or memorial, or the
erection of a monument or memorial to such Confederate, or Spanish-
American War, or World War I or World War II veterans, or to sup-
plement the funds already raised or that may be hereafter raised by pri-
vate persons, or by Confederate veterans, or by the American Legion, or
other organizations, for the purpose of building such monuments or
memorial; and they are also authorized and empowered to appropriate
from time to time, out of any funds of such county, a sufficient sum or
sums of money to permanently care for, protect and preserve the Con-
federate, or Spanish-American War, or World War I or World War
IIT monument or memorial erected upon the public square, or elsewhere
at the county seat, of the county, and to expend the same thereafter as
other county funds are expended.

Z. An emergency exists and this act is in force from its passage.

Chap. 56—An ACT to authorize the enlargement of the Division of War Veterans’
Claims; and the establishment and operation of additional offices and the em-
ployment of additional personnel by such Division; and to appropriate funds
to carry out the provisions of this act. {H. B. 78]

Approved April 6, 1945

_ Whereas, the number of Virginia war veterans is constantly in-
creasing so that it is impossible for the Division of War Veterans’ Claims,
as now constituted, and with the personnel and funds now available, to
render appropriate assistance to Virginia war veterans and their de-
pendents in connection with their rights and privileges under various
federal, state and local laws enacted for their benefit, and

Whereas, it is accordingly necessary and desirable to authorize the
enlargement of the personnel ayailable for such Division and to authorize
the establishment and operation of additional necessary offices by such
Division in various parts of Virginia, until the General Assembly of
nineteen hundred forty-six can receive and act upon the report and
recomemndations ofthe Commission to be appointed pursuant to House
Joint Resolution number fourteen. |
cHS. 56, 57] ACTS OF ASSEMBLY 49

Now, therefore, be it enacted by the General Assembly of Virginia:

1. Section 1. The Attorney General of Virginia is hereby au-
thorized, with the approval of the Governor, to establish, equip, and op-
erate such additional offices of the Division of War Veterans’ Claims as
may be necessary and desirable to render adequate assistance to veterans
of the armed forces of the United States, their widows, orphans and de-
pendents, domiciled in Virginia,’in matters of rehabilitation and in the
preparation, presentation and prosecution of all lawful claims by, or on
behalf of, such veterans, their widows, orphans and dependents, to ob-
tain the benefit of their rights and privileges under various federal, state
and local laws enacted for their benefit; and for these purposes the At-
torney General is authorized to employ such additional personnel as may,
in his judgment, be necessary for the proper operation of such offices and
for the proper discharge of the duties and functions of said Division; the
compensation of such additional personnel and of the existing personnel
to be determined by the Attorney General with the written approval of
the Governor, :

Section 2. Such additional offices, together with the existing of
fices at Roanoke and Richmond, shall be so located as to render the
service of the Division conveniently available to said veterans, their
widows, orphans and dependents. Approprrate areas shall be assigned
from time to time for each office. The various localities in each such area
shall be visited by a representative attached to such office, at such inter-
vals as may be necessary and desirable to provide adequate service for
the veterans, their widows, orphans and dependents domiciled therein.

Section 3. In order to provide necessary funds for the enlarge-
ment and operation of the Division as hereinabove authorized there is
hereby appropriated to the Division of War Veterans’ Claims, out of the
general fund of the State treasury, the sum of twenty-five thousand dol-
lars. All payments out of the appropriation shall be made by the Treas-
urer of Virginia on warrants of the Comptroller issued on vouchers signed.
by the Attorney General or by such other person or persons as shall be
designated for the purpose.

2. An emergency exists and this act is in force from its passage.

Chap. 5/—An ACT to amend and re-enact Section 835 of the Code of Virginia,
as amended, relating to the Board of Visitors of the Virginia Military Insti-

tute. , [S. B. 2]
Approved April 9, 1945

Be it enacted by the General Assembly of Virginia:

1. That section eight hundred thirty-five of the Code of Vir-
ginia, as amended, be amended and re-enacted, as follows:

Section 835. (a) The Board of Visitors is to consist of twelve
visitors, ten to be appointed by the Governor, from the State at large,
and the Adjutant General and the Superintendent of Public Instruction
ex officio. The appointive visitors in office when this amendment takes
50 ACTS OF ASSEMBLY [va., Ex. 1945

effect are continued in office until the end of their respective terms, or
until June thirtieth, whichever last occurs.

(b) As soon as practicable after the effective date of this act the
Governor shall appoint four members to fill the unexpired portions of
the terms which began on July first, nineteen hundred forty-four, and
shall appoint one additional member for a new term of four years, said
term beginning July first, nineteen hundred forty-five. He shall in
addition, appoint the Superintendent of Public Instruction as an ex
officio member for a term of two years, and the Adjutant General as an
ex officio member for a term of four years, such terms to begin July first,
nineteen hundred forty-five; provided that, if the tenure in office as
Superintendent or Adjutant General of said ex officio members expires
within that time, the Governor shall appoint such members successor to
fill the unexpired term. Said Superintendent and Adjutant General shall
remain eligible for appointment as ex officio members so long as they
continue in office as Superintendent or Adjutant General. All appoint-
ments for full terms, as well as to fill vacancies, shall be made by the
Governor subject to confirmation by the Senate.

(c) The Governor may appoint visitors from a list of qualified
persons submitted to him by the alumni association of the Virginia
Military Institute, on or before the first day of April of any year in
which the terms of any visitors willexpire. __

(d) Whenever a vacancy occurs, otherwise than by expiration of
term, the Governor shall certify this fact to the association and nomina-
tions may be submitted of qualified persons and the Governor may fill
the vacancy, if his discretion so dictates, from among the eligible nomi-
nees of the association.

(e) Every list shall contain at least three names for each vacancy
to be filled. |

(f) The Governor is not to be limited in his appointments to the
persons so nominated.

(g) At no time shall less than four or more than eight of the
appointive visitors be alumni of the Institute.

(h) No person except ex officio members shall be eligible to serve
for or during more than two successive terms, and incumbency during
the current term when this amendment takes effect constitutes the first
of the two successive terms with respect to eligibility for appointment
except as to the member appointed June twenty-fourth, nineteen hun-
dred forty-four for a term ending December thirty-first, nineteen hundred
forty-four. ,

(i) Six visitors shall constitute a quorum for business. The Board
may sue and be sued for any cause or matters which have heretofore
arisen, or which hereafter arise.

2. An emergency existing, this act shall be in force from its
passage.
cH. 58] ACTS OF ASSEMBLY 51

Chap. 58—An ACT to amend and re-enact section 935 of the Code of Virginia,
as amended, relating to the Board of Visitors of the College of William and
Mary in Virginia. [H. B. 28]

Approved April 9, 1945

Be it enacted by the General Assembly of Virginia:

1. That section nine hundred thirty-five of the Code of Virginia,
as amended, be amended and re-enacted as follows:

Section 935. Board of Visitors; number; appointment; terms;
duties—(a) The Board of Visitors is to consist of ten visitors to be
appointed by the Governor, from the State at large, and the Superin-
tendent of Public Instruction, ex officio. The visitors in office when this
amendment takes effect are continued in office until the end of their
respective terms.

-(b) Prior to March first, nineteen buentred anid forty-six, and
biennially thereafter, the Governor shall appoint, for the term of four
years, the successors of the five visitors whose terms are about to expire.
The Governor shall appoint for a term of four years the Superintendent
of Public Instruction as an ex officio visitor, such membership to be
vacated, however, with the termination of his tenure as Superintendent.

(c) All vacancies, whether occasioned by failure to make an ap-
pointment within the sixty days preceding any regular expiration as
required, or otherwise, are to be filled by the Governor for the unexpired
term.

(d) All appointments are subject to confirmation by the General
Assetnbly 1f in sesston when such appointments are made, and if not in
session, then at its next succeeding session. Visitors shall continue to
discharge their duties after their terms have expired until their successors
have been appointed and have qualified.

(e) The Governor may appoint visitors from a list of qualified
persons submitted to him, before or after induction into office, by The
Alumni Association of the College of William and Mary in Virginia, on
or before the first day of December of any year next preceding a year
in which the terms of any visitors will expire.

(f) Whenever a vacancy occurs, otherwise than by expiration of
term, the Governor shall certify this fact to the association and nomina-
tions may be submitted of qualified persons and the Governor may fill the
vacancy, if his discretion so dictates, from among the eligible nominees
of the association, whether or not alumni or alumnae.

3 (g) Every list shall contain at least three names for each vacancy
to be filled.

(h) The Governor is not to be limited in his appointments to the
persons so nominated.

(1) At no time shall less than six of the visitors be alumni or
alumnae of the College.

(j) No person except ex officio members shall be eligible to serve
for or during more than two successive terms, and incumbency during
the current term when this amendment takes effect constitutes the first
of the two successive terms with respect to eligibility for appointment.
52 : ACTS OF ASSEMBLY [va., Ex. 1945

Incumbents heretofore or hereafter appointed to fill vacancies may serve
two additional successive terms.

(k) The Board shall control and expend the funds of the College
and any appropriation hereafter provided, and shall make all needful
rules and regulations concerning the College, appoint the president and
all professors, teachers and agents, and fix their salaries, and generally
direct the affairs of the College. |

2. An emergency existing, this act shall be in force from its
passage. | ,

Chap. 59—An ACT to amend and re-enact section 807 of the Code of Virginia, as
amended, relating to the Board of Visitors of the University of Virginia.

[H. B. 29]
Approved April 9, 1945

Be it enacted by the General Assembly of Virginia:

1. That section eight hundred seven of the Code of Virginia, as
amended, be amended and re-enacted, as follows:

Section 807. Appointment of Visitors—(a) The Board of
Visitors is to consist of fourteen visitors, including four provided for in
section eight hundred thirty-three-b, chapter thirty-seven of the Code
of Virginia as amended by act of the General Assembly of Virginia of
nineteen hundred and forty-four, to be appointed by the Governor,
from the State at large, and including also the Superintendent of Public
Instruction, ex officio. The visitors in office when this amendment takes
effect are continued in office until the end of their respective terms, or
until February twenty-eight, nineteen hundrd and forty-six, whichever
last occurs.

(b) As soon as practicable after the effective date of this act the
Governor shall appoint members to fill all unexpired terms due to
vacancies except those of members appointed pursuant to the nineteeen
hundred and forty-four amendment of this section, and at the appropriate
time shall appoint in place of such excepted members two members for
new terms of two years and two for new terms of four years, each term
beginning March first, nineteen hundred and forty-six. He shall, in
addition, appoint the Superintendent of Public Instruction as an ex
officio member for a term of two years to begin March first, nineteen
hundred and forty-six; provided that, if the tenure in office as Superin-
tendent of said ex officio member expires within that time, the Governor
shall appoint such member’s successor to fill the unexpired term. Said
Superintendent shall remain eligible for appointment as an ex officio
member so long as he continues in office as Superintendent. All ap-
pointments for full terms, as well as to fill vacancies, shall be made by
the Governor subject to confirmation by the Senate.

(c) The Governor may appoint visitors from a list of qualified
persons submitted to him, before or after induction into office, by the
alumni association of the University of Virginia, on or before the first
day of December of any year next preceding a year in which the terms
of any visitors will expire. ,
cus. 59, 60] ACTS OF ASSEMBLY 53

(e) Every list shall contain at least three names for each vacancy
to be filled.

({) The Governor is not to be limited in his appointments to the
persons so nominated.

(g) At no time shall less than eight of the appointive visitors be
alumni or alumnae of the University.

(h) No person except ex officio members shall be eligible to serve
for or during more than two successive four year terms; but after the
expiration of a term of two years or less, or after the expiration of the
remainder of a term to which appointed to fill a vacancy, two additional
four year terms may be served. by such a member if appointed thereto.
Present incumbents appointed for full terms prior to June first, nineteen
hundred and forty-four shall be deemed to be serving their first terms.

2. An emergency existing, this act shall be in force from its
passage.

Chap. 60—An ACT to amend and re-enact section 1 as amended of an act entitled
“An Act to incorporate the Medical College of Virginia’, passed February 25,
1854, as it has been from time to time amended, particularly by Chapter 283,
Acts 1944, approved March 25, 1944, relating to the Board of Visitors of the
Medical College of Virginia, in order to make certain changes relative to the
Board of Visitors. [H. B. 30]

Approved April 9, 1945 |

Be it enacted by the General Assembly of Virginia:

1. That section one of an act entitled ‘“An Act to incorporate the
Medical College of Virginia’, passed February twenty-fifth, eighteen
hundred fifty-four, as it has been from time to time amended, particu-
larly by chapter two hundred eighty-three, Acts nineteen hundred forty-
four, approved March twenty-five, nineteen hundred forty-four, be
amended and re- -enacted, as follows:

Section 1. (a) The Medical College of Virginia shall be continued,
and the visitors thereof and their successors shall be and remain a cor-
poration under the name and style of the “Medical College of Virginia”.
The Board of Visitors shall consist of not less than ten nor more than
eighteen members, appointed by the Governor, from the State at large,
and in addition the Superintendent of Public Instruction, ex officio.

(b) The visitors in office when this amendment takes effect are
continued until June thirtieth, nineteen hundred forty-five, but their
term shall expire on that day.

(c) As soon after the effective date of this act as is practicable
the Governor shall appoint nine members of the Board for a term of two
years and nine members for a term of four years, each term beginning
July -first, nineteen hundred forty- -five. He shall, in addition, also ap-
54 , ACTS OF ASSEMBLY ~ [va., Ex. 1945

point the Superintendent of Public Instruction as an ex officio member
for a term of two years, provided that, if his tenure as such Superin-
tendent expires within that time, his term as ex officio member shall
also terminate and the Governor shall appoint his successor to fill the
unexpired term. Said Superintendent shall remain eligible for appoint-
ment as an ex officio member so long as he remain Superintendent. Regu-
lar members hereafter appointed from the State at large shall be eligible
for service for two terms only, and after such service may not be reap-
pointed. Upon the expiration of the two year terms of members herein
provided for, their successors shall be appointed for terms of four years.

(d) So long as the regular membership of the Board consists of
more than ten members no appointment shall be made to fill any
vacancies therein; provided, however, that vacancies due to the expira-
tion of the terms of members who are eligible for reappointment may be
filled by their reappointment.

(e) After the regular membership of the Board has been reduced
to ten in number, all vacancies therein shall be filled by appointment by
the Governor for a new term or the unexpired term as the case may be,
subject to confirmation by the Senate.

({) The alumni association may submit to the Governor ninety
days before the expiration of any regular term of a member, or within
ten days after being notified by the Governor of a mid-term vacancy, a
list of not less than three persons whom they consider qualified and
recominend for appointment as successor for the new term or the un-
expired term, as the case may be. The Governor shall give careful con-
sideration to any such recommendation, but shall not limited in his ap-
pointments to the persons so recommended.

(g) The corporation is formed for the purpose of establishing
and maintaining a medical college and such other institutions connected
therewith, to teach medicine, dentistry, pharmacy and all the arts and
sciences and branches of learning relating to or connected with any of
these subjects, and in connection therewith it is empowered to maintain
and conduct hospitals, infirmaries and dispensaries and such other neces-
sary kindred institutions as, in the opinion of the Board, are proper for
its successful operation.

(h) The corporation is vested with all the rights, powers and
privileges conferred upon and subject to all the provisions relating to,
similar corporations under the existing laws of this State so far as they
are applicable. |

2. An emergency existing, this act shall be in force from its
passage.

Chap. 61—An ACT to amend and re-enact section 859 of the Code of Virginia,
as amended, relating to the Board of Visitors of the Virginia Polytechnic
Institute. [H. B. 31]

Approved April 9, 1945

Be it enacted by the General Assembly of Virginia:
1. That section eight hundred fifty-nine of the Code of Virginia,
as amended, be amended and re-enacted, as follows:
Section 859. Appointment of Visitors of the College—(a) The
Board of Visitors is to consist of fifteen visitors, thirteen to be appointed
by the Governor from the State at large, some of whom shall be farmers
and mechanics, and some may be persons engaged in other vocations,
four of whom shall be women, and the President of the Board of Agri-
culture and Immigration and the Superintendent of Public Instruction,
ex officio. The visitors in office when this amendment takes effect are
continued in office until the end of their respective terms, or until June
thirtieth, nineteen hundred forty-five, whichever last occurs.

(b) As soon as practicable after the effective date of this act the
Governor shall appoint four members to fill the unexpired portions of
the terms which began on July first, nineteen hundred and forty-four,
and shall appoint three additional members for new terms of two years
and two for new terms of four years, each term beginning July first,
nineteen hundred forty-five. He shall, in addition, appoint the Superin-
tendent of Public Instruction as an ex officio member for a term of two
years, and the President of the State Board of Agriculture and Immigra-
tion as an ex officio member for a term of four years, such terms to
begin July first, nineteen hundred forty-five; provided that, if the tenure:
in office as Superintendent or President of said ex officio members ex-
pires within that time, the Governor shall appoint such member’s suc-
cessor to fill the unexpired term. Said Superintendent and President
shall remain eligible for appointment as ex officio members so long as
they continue in office as Superintendent or President. All appointments
for full terms, as well as to fill vacancies, shall be made by the Governor
subject to confirmation by the Senate.

(c) The Governor may appoint visitors from a list of qualified
persons submitted to him by the alumni association of the Institute, on
or before the first day of April of any year in which the terms of any
visitors will expire.

(d) Whenever a vacancy occurs, otherwise than by expiration of
term, the Governor shall certify this fact to the association and nomina-
tions may be submitted of qualified persons and the Governor may fill the
vacancy, if his discretion so dictates, from among the eligible nominees otf
the association, whether or not alumni or alumnae. _

(e) Every list shall contain at least three names for each vacancy
to be filled. |

({) The Governor is not to be limited in his appointments to the
persons so nominated.

(g) At no time shall less than six of the appointive visitors be
alumni or alumnae of the Institute. ,

(h) No person except ex officio members shall be eligible to serve
for or during more than two successive four year terms; but after the
expiration of a term of two years or less, or after the expiration of the
remainder of a term to which appointed ‘to fill a vacancy, two additional
four year terms may be served by such a member if appointed thereto.
Present incumbents appointed for full terms prior to June first, nineteen
hundred forty-four shall be deemed to be serving their first terms.

2. An emergency existing, this act shall be in force from its
passage.
560 ACTS OF ASSEMBLY [va., Ex. 1945

Chap. 62—An ACT to amend the Code of Virginia by adding thereto a new sec-
tion numbered 698, providing for the levying of taxes and appropriating money
by counties, cities and towns for public school purposes, and to repeal Section
698-a of the Code of Virginia, relating to the same matters. [H. B. 37]

Approved April 9, 1945

Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia be amended by adding thereto a new
section numbered six hundred ninety-eight, as follows:

Section 698. Each county and each city is authorized to raise sums
by a tax on all property, subject to local taxation, of not less than fifty
cents nor more than one dollar on the one hundred dollars of the as-
sessed value of the property in any one year to be expended by the local
school authorities in the counties and cities in establishing, maintaining
and operating such schools as in their judgment the public welfare re-
quires. In lieu of making such school levy, the governing bodies in the
counties and cities may, in their discretion, make a cash appropriation
from the general county or general city levy of an amount not less than
the sum required by the county or city school budget provided by sec-
tion six hundred fifty-seven, approved by the governing body of the
county or city in no event to be less than the amount which would result
from the laying of the minimum school levy authorized by this section
for the establishment, maintenance and operation of the schools of the
county or city without the express permission of the State Board of
Education. In addition to this, the governing body of any county, or of
any city, may appropriate from any funds available such sums as in their
judgment are necessary or expedient for the establishment, maintenance
and operation of the public schools in the county or city. For capital
expenditures and for the payment of indebtedness, the governing bodies
of counties and cities, may levy a special county tax, a special district
tax or a special city tax, as the case may be, and for existing district
indebtedness created prior to September first, nineteen hundred thirty-
six, a special district tax and a special city tax, not exceeding twenty-
five cents each on the one hundred dollars taxable values ; to be spent in
the county, district, or city where raised; except in Fairfield school dis-
trict in Henrico County where it shall not exceed thirty-five cents, and
except in North River district of Augusta County, where it shall not
exceed thirty-five cents, and except in Rich Valley and Marion magis-
erial districts in Smyth County, and in Gainesville, Brentsville, Ma-
nassas, Coles, Occoquan and Dumfries magisterial districts in Prince
William County, where it shall not exceed fifty cents, and except in all
the districts of the county of Buchanan, where it shall not exceed one
dollar on the one hundred dollars of the assessed value of property in
the magisterial or school district in any one year, to be expended for
the purpose for which the tax is laid, but no other district tax for schools
for any purpose other than herein expressly authorized shall be laid. —

Provided in the counties of Southampton, Page, Nelson and Warren
the governing bodies may levy district school taxes in the several dis-
tricts of the counties for capital outlay expenditures within the counties
and for payment of past or existing district school indebtedness as are
necessary. Provided that in the counties of Russell and Wise, the gov-
erning bodies may levy such district school taxes in the several districts
of their respective counties for capital outlay expenditures within the
counties and for the payment of district school indebtedness, as are neces-
sary, and such district school taxes may also be used to pay the rent
for buildings necessary to be leased by either of the counties and used
as school houses in any district of such county, and in the county of
Russell, such district school taxes may be used to pay rent for a building
located in an adjoining county and leased by the adjoining county and
oe County for the purpose of jointly operating a public school
therein.

Provided that in Bland County the governing body may, in addition
to the twenty-five cents above provided for, levy an additional tax not
to exceed fifty-five cents on the one hundred dollars in any or all of the
magisterial districts in the county, for capital expenditure and for the
payment of indebtedness; and the governing body shall have the right
and authority to transfer from any one district to any other district, funds
raised by district levies for capital expenditure and the payment of 1n-
debtedness, and any and all transfers of such funds heretofore made: by
it are hereby validated. Governing bodies in the incorporated towns in
any county in the State are authorized to levy an additional tax of not
more than one dollar on the one hundred dollars taxable values of
property in the town subject to taxation by the local town authorities,
for the support and maintenance of the public schools in the town or,
in lieu of such levy, the governing body may make a cash appropriation
out of the general town levy ; provided that in the county of Montgomery
the county school tax shall be not less than fifty cents nor more than one
dollar and fifty cents; in the counties of York, Augusta, Appomattox,
Buckingham, Campbell, Henrico, Wythe and Rappahannock the county
school tax shall not be less than fifty cents nor more than one dollar
twenty-five cents; in the counties of Alleghany, Buchanan, Nottoway,
Princess Anne, Page, Prince Edward, Giles, Fluvanna, Botetourt, War-
ren, Warwick, Essex, Northumberland, and Lancaster the county school
tax shall not be less than fifty cents nor more than one dollar fifty cents ;
in the counties of Amherst, Albemarle, Bland, Southampton, Craig, Isle
of Wight, Russell, and Smyth the tax shall not be less than fifty cents
nor more than one dollar seventy-five cents; in the counties of Floyd,
Lee and Scott the tax shall not be less than fifty cents nor more than
two dollars, and in the counties of Westmoreland and Dickenson the tax
shall not be less than fifty cents nor more than two dollars twenty-five
cents on the one hundred dollars of the assessed value of property in
these counties, subject to local taxation; and provided that nothing
herein’ contained shall otherwise repeal any part of any special act appli-
cable solely to Dickenson County, or any special act or acts previously
passed and now in force relating to other counties, and provided that in
the county of Wise and in the county of Arlington, the governing body
may levy such county and district school taxes as they deem necessary
and expedient, notwithstanding the general limitations placed on such
levies by this section, and provided that in the county of Fairfax, the
58 ACTS OF ASSEMBLY [va., EX. 1945

governing body may levy such county and district school taxes as it
deems necessary and expedient, notwithstanding the general limitations
placed on such levies by this section, and may, in its discretion, levy a
higher rate of such school tax in any one or more of the magisterial
districts of the county and the incorporated towns therein than is levied
for the same year in the remaining portion of the county, including such
incorporated towns therein. And, in the county of Hanover, the govern-
ing body, by a resolution approved by a majority of all the members
thereof by a recorded yea and nay vote, may lay a district school levy
for the purpose aforementioned, in any district or districts of the county,
in excess of fifty cents on the one hundred dollars of the assessed value of
the property in such district, subject to such levy, provided that the
total of all school levies, county and district, for the purposes herein-
before set forth shall not, in any district, exceed two dollars on the one
hundred dollars of the assessed value of the property in the district sub-
ject to such levies.

Provided that in Brunswick County the county tax for the mainte-
nance and operation of schools shall not be less than fifty cents nor more
than one dollar twenty-five cents.

Provided that in Elizabeth City County the county school tax shall
not be less than fifty cents nor more than two dollars on the one hundred
dollars of assessed value of property subject to local taxation.

Provided that the governing bodies of the counties of Henrico and
Prince William may appropriate out of the general fund of their respec-
tive counties such sum or sums as may be necessary to pay existing dis-
trict school indebtednesses created prior to September first, nineteen
3undred and thirty-six, or any district or county bonds issued to refund
said district indebtedness.

2. That section six hundred ninety-eight-a of. the Code of Vir-
ginia 1s repealed.

3. An emergency exists and this act is in force from its passage.

Chap. 63—An ACT to amend and re-enact Section 642 of the Code of Virginia,
as amended, relating to loans to school boards from the Literary Fund.

[H. B. 42]
Approved April 9, 1945

Be it enacted by the General Assembly of Virginia:

1. That section six hundred forty-two of the Code of Virginia, as
amended, be amended and re-enacted as follows:

Section 642. Restrictions upon making loans; retirement of
previous loans—The State Board of Education may, in its discréation,
make such loan, but no such loan shall exceed eighty-five per cent of the
cost of the schoolhouse, addition thereto, and site, on account of which
such loan is made. No loan shall be made to aid in the erection of a
building or addition to cost less than five hundred dollars. Whenever
such loan is made for the purpose of enlarging a schoolhouse, any part
of the proceeds of such loan may, in the discretion of the State board, be
used to retire any previous loan, or loans, on such schoolhouse, although
not matured at the time of such additional loan. No loan shall be made
in any case in whicch the payment of the same with interest would, in
the judgment of the State Board of Education entail too heavy a charge
upon the revenues of the county or city to which such loan is granted.
Nor in the discretion of the State Board of Education shall any loan
from the Literary Fund be made to any school board which is in default
in the payment of any part of the principal of any previous loan from the
Literary Fund made to the board or its predecessors in office, nor to any
board which for the two years next preceding the loan has been more
than six months in default in the payment of interest due on any such
loan. |

Chap. 64—An ACT to amend and re-enact Section 656 of the Code of Virginia,
as amended, relating to powers and duties of school boards. [H. B. 43]

Approved April 9, 1945

Be it enacted by the General Assembly of Virginia: |

1. That section six hundred fifty-six of the Code of Virginia, as
amended, be amended and re-enacted, as follows:

board of supervisors and the signing and countersigning of such war-
rants by the clerk, deputy clerk, chairman, and acting chairman of such
board shall apply to the ordering of the issuance of warrants by a county
school board and to the signing and countersigning thereof by the chair-
man, acting chairman, clerk arid acting clerk of such board, and any
clerk, acting clerk, or member of any county school board who violates
or becomes a party to the violations of this provision shall be guilty of a
misdemeanor, and in addition thereto shall be guilty of malfeasance in
office. .

Except, however, upon resolution of the school board at its annual
meeting in July of each year, the board may require the clerk of said
board on the first day of each month to issue and sign payroll warrants
drawn on the County Treasurer, payable from county school funds, in
payment of compensation for the preceding month for all employees and
school bus contractors under written contract. The clerk of the school
board shall be bonded in an amount not less than five thousand dollars,
and the payroll warrants shall be countersigned by the division super-
intendent of schools.

Such payrolls so paid shall be reviewed and approved by the school
board at its next regular meeting.

The school board shall encourage meetings of teachers to be held
from time to time in the county under such regulations-as the division
superintendent of schools may prescribe.

It shall be the duty of the school board to perform such other duties
as shall be prescribed by the State Board of Education or are imposed
by any other section of the Code.

2. An emergency exists and this act is in force from its passage.

as amended, relating to compulsory school attendance. {H. B. 44
Approved April 9, 1945

Chap. 65—An ACT to amend and re-enact Section 683 of the Code of Virginia,
.B. 44]

Be it enacted by the General Assembly of Virginia:

1. That section six hundred eighty-three of the Code of Virginia,
as amended, be amended and re-enacted, as follows: ] ,

Section 683. Compulsory attendance-—Every parent, guardian, or
other person in the Commonwealth, having control or charge of any
child, or children, who have reached the seventh birthday and have not
passed the sixteenth birthday, shall send such child, or children, to a
public school, or to a private, denominational or parochial school, or have
such child or children taught by a tutor or teacher of qualification pre-
scribed by the State Board of Education and approved by the division
superintendent in a home, and such child, or children, shall regularly
attend such school during the period of each year the public schools are
in session and for the same number of days and hours per day as in the
public schools. “Lhe period of compulsory attendance shall commence at
the opening of the. first term of the school which the pupil attends and
shall continue until the close of such school for the school year or until
fhe pupil reaches his or her sixteenth birthday. The provisions of this
‘section shall not apply to children physically or mentally incapacitated
for school work, nor to those children suffering from contagious or 1n-
fectious disease while suffering from such diseases; nor to children under
ten years of age who live more than two (2) miles from a public school,
unless public transportation is provided within one mile of the place
where such children live; nor to children between ten and sixteen years
of age who live more than two and one-half (21%4) miles from a public
school, unless public transportation is provided within one and one-half
(114) miles of the place where such children live. Compulsory educa-
tion distances shall be measured or determined by the nearest practical
routes, which are usable for either walking or riding, from the entrance
to the school grounds, or from the nearest school bus stop, to the resi-
dence of such children. Physical incapacity or disease shall be established
by the certificate of a reputable practicing physician, made in accordance
with the rules and regulations adopted by the State Board of Education,
and mental incapacity is to be determined by such mental test or tests
as may be prescribed by the State Board of Education.

Every blind or partially blind child and every deaf child between
seven and sixteen years of age, shall attend some school for the blind, or
some school for the deaf, or some class in the public schools wherein
special methods are used and special equipment and instruction are pro-
vided for the blind or deaf for nine months, or during the scholastic
year, unless it can be shown that the child is elsewhere receiving regu-
larly equivalent instruction during the period in studies usually taught
in the public schools to children of the same age, provided that the super-
intendent or principal of any school for the blind, or the public schools or
the schools for the deaf, or person or persons duly authorized by such
superintendents or principals, may excuse cases of necessary absence
among its enrolled pupils, and provided, further, that the provisions of
this section shall not apply to a child whose physical or mental condition
is such as to render its instruction as above described inexpedient or
impracticable. Every person having under his or her control a child
between the ages above set forth, shall cause the child to attend school
or receive instruction as required by this section.

Chap. 66—An ACT to amend the Code of Virginia by adding thereto a new sec-
tion numbered 2503-al, in relation to the character of titles acquired by pur-
chasers at judicial sales to enforce tax liens on real estate. [H. B. 59]

Approved April 9, 1945

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding thereto a new
section, numbered twenty-five hundred and three-a one, which new
section shall read as follows:

Section 2503-al. Character of titles acquired by purchasers at
judicial sales to enforce tax liens on real estate-——In proceedings under
section twenty-five hundred and three of the Code of Virginia, or under
section two hundred and fifty-one of the Tax Code of Virginia, or under
section four hundred and three of the Tax Code of Virginia, or under
any other provision of law, to enforce tax liens on real estate, where such
proceedings result in a judicial sale of the real estate, the character of
the title acquired by the purchaser of such real estate at such judicial sale
shall be governed by the principles and rules applicable to the titles of
purchasers at judicial sales of real estate generally and not by the prin-
ciples and rules applicable to tax titles acquired through tax deeds made
by clerks of courts. This section shall apply to titles heretofore acquired
at such judicial sales as well as to titles hereafter acquired at such judicial
sales.

Chap. 67/—An ACT to provide for the establishment and administration of a cer-
tain trust for the benefit of certain children in the Virginia School for the
Deaf and the Blind, and to authorize expenditure of certain funds of the
school. [H. B. 63]

Approved April 9, 1945

Whereas, the Virginia School for the Deaf and the Blind has in its
possession the sum of seven thousand one hundred forty dollars, repre-
senting the proceeds from the sale of the Vincent property which had
been acquired by the school with certain funds bequeathed to it under the
will of the late James L. Bowen of Craig County, Virginia, in the year
nineteen hundred five, and,

Whereas, the donor of the funds is now deceased, and it is the de-
sire of the governing body of the school to effectuate and preserve the
purposes for which the fund was originally established ; Now, Therefore,

Be it enacted by the General Assembly of Virginia, as follows:

1. The Board of Visitors of the Virginia School for the Deaf and
the Blind is directed to hold five thousand dollars of the aforesaid sum
of seven thousand one hundred forty dollars received from a sale of the
Vincent property as a trust inviolate and perpetual upon the following
terms and conditions, namely: the fund shall be known as the “Bowen
Fund” and shall be kept in a separate account and the income therefrom
used for the benefit of the deaf and the blind children now or hereafter in
the school. The Board of Visitors of the school is empowered to use the
fund in such manner as it deems best suited to accomplish the purposes
hereinabove set out to the end that the deaf and the blind children in the
school may be benefited thereby. The residence of the proceeds from the
sale of the Vincent property, amounting to two thousand one hundred
forty dollars, may be expended by the Board of Visitors for the purchase
of such lands and equipment as in its opinion will be of use to the school.

2. An emergency exists and this act is in force from its passage.
cH. 68] | ACTS OF ASSEMBLY - 63

Chap. 68—An ACT to amend and re-enact Section 191, as amended, of the Tax
Code of Virginia relating to pawnbrokers. [H. B. 77]

Approved April 9, 1945

Be it enacted by the General Assembly of Virginia:

1. That section one hundred ninety-one, as amended, of the Tax
Code of Virginia be amended and re-enacted, as follows:

Section 191. Pawnbrokers.—A pawnbroker shall pay for the privi-
lege of transacting business, two hundred and fifty dollars. Any person
who shall in any manner lend or advance money or other things for profit
on the pledge and possession of personal property, or other valuable
things other than securities or written or printed evidences of indebted-
ness, or who deals in the purchasing of personal property or other valu-
able thing on condition of selling the same back to the seller at a stipu
lated price, shall be held to be a pawnbroker. Any person acting as a
pawnbroker without a license shall pay a fine of not less than fifty dollars
nor more than five hundred dollars for each offense.

The hustings or corporation court of any city, and the circuit court
of any county, may from time to time, grant a license to any citizen of
the United States who shall produce satisfactory evidence of his good
character, to exercise or carry on the business of a pawnbroker in his
city or county, which license shall designate the building in which said
person shall carry on said business; and no person shall exercise or carry
on the business of a pawnbroker without being duly licensed by the
hustings or corporation court of the city, or circuit court of the county
in which he may desire to carry on said business, nor in any other build-
ing other than the one designated in said license, except by consent of
the court which granted the license, under penalty of fifty dollars for
each day he shall exercise or carry on said business without such license
or in any other building than the one so designated.

Every person so licensed, shall at the time of receiving such license
and before the same shall be operative, enter with either one corporate
or two personal sufficient sureties, into a joint and several recognizance
to the Commonwealth of Virignia in the penal sum of two thousand five
hundred dollars, conditioned for the due observance of all acts of the
General Assembly of Virginia, which may be in force respecting pawn-
brokers at any time during the continuance of such license. If any person
shall be aggrieved by the misconduct of any such licensed pawnbroker,
and shall recover judgment against him therefor, such person may, after
the return unsatisfied, either in whole or part, of any execution issued
upon said judgment, maintain action in his own name upon the bond of
said pawnbroker in any court having jurisdiction of the amount claimed ;
provided, such court shall, upon the application made for the purpose,
grant such leave to prosecute.

Every pawnbroker shall at the time of each loan deliver to the per-
son pawning or pledging any goods, article, or thing, a memorandum
or note, signed by him or her, containing the substance of entry required
to be made in his or her book by this section, except as to the description
of the person, and no charge shall be made or received by any pawn-
broker for any such entry, memorandum or note. ,
No pawnbroker shall sell any pawn or pledge until the same shall
have remained four months in his or her possession, unless by consent in
writing of the pawner, and all such sales shall be made at public auction
and not otherwise, and shall be made or conducted by any duly licénsed
auctioneer.

Notice of every such sale shall be published for at least five days
previous thereto, in one or more of the daily newspapers of general circu-
lation printed in such city. Those doing business in any county shall
advertise as above 1n some newspaper, if any be published in said county,
and if no newspaper be published in such county, then in some newspaper
published in an adjoining county, and such notice shall specify the time
and place at which such sale is to take place, the name of the auctioneer
by whom the same is to be conducted, the kinds of articles, and the
number of the pawner’s ticket.

The surplus money, if any, arising from any such sale, after deduct-
ing the amount of the loan, the interest then due on the same, and the
expenses of the advertisement and sale, shall be paid over by the pawn-
broker to the person who would be entitled to redeem the pledge in case
no such sale had taken place.

Any licensed pawnbroker who shall violate or neglect or refuse to
comply with any of the provisions of this section, except where otherwise
provided, shall, for every such offense, upon conviction before a court
of competent jurisdiction, pay a fine of not more than one hundred
dollars.

No pawnbroker shall ask, demand, or receive a greater. rate of inter-
est than ten per centum per month on a loan of twenty-five dollars or
less, or five per centum per month on a loan of more than twenty-five
dollars and less than one hundred dollars, or three per centum per month
on a loan of one hundred dollars or more, secured by a pledge of tangible
personal property. And no loan shall be divided for the purpose of
increasing the percentage to be paid the pawnbroker.

Police regulation—Every pawnbroker shall keep at his place of
business a book or books, in which shall be fairly written in English, at
the time of each loan or transaction in the course of his business an
accurate account of such loan or transaction, setting forth a description
of the goods, articles, or thing pawned or pledged, or received on account
of money loaned thereon; the time of receiving the same; the amount of
money loaned thereon at the time of pledging same, the rate of interest to
be paid on such loan, and the name and residence of the person pawning
or pledging the said goods, article, or thing, together with a particular
description of such person, including complexion, color of eyes and hair,
and his or her height and general appearance, the terms and conditions
of loan, including the period for which any such loan may be made, and
all other facts and circumstances respecting such loan.

Such book shall at all reasonable times be opened to inspection of
the judges of the criminal court, the chief of police, and captains and
sergeants of the police of the city, town or county wherein such business
is being conducted, or any or either of them, sergeant and sheriff of such
city, town or county, or other officer with police jurisdiction.
No property of any kind received on deposit or pledge by any
pawnbroker shall be disfigured or its identity destroyed or affected in any
manner whatsoever, so long as it continues in pawn or in the possession
of such pawnbroker, nor shall such property be in any manner concealed
for the space of forty-eight hours after the same shall have been received
by such pawnbroker. |

It shall be the duty of every pawnbroker and of every person in the
employ of such pawnbroker to admit to his premises at any time any
officer mentioned in this section to examine any pledge or pawn, book
or other record on the premises, as well as the articles pledged, and to
search for and take into possession any article known by him to be miss-
ing, or known or believed by him to have been stolen, without the
formality of writ of search warrant or any other process, which search
or seizure is hereby authorized. !

The following regulation is hereby made for storing or taking care
to prevent injury during disuse on blankets, clothing, carpets, furs, rugs,
dress goods, cloths, mirrors, oil paintings, glass and china ware, pianos,
organs, curtains, beddings and upholstered furniture. Pawnbrokers shall
be allowed to charge two per centum per month in addition to the regular
charges for the first three months, or part thereof, while such goods shall
remain as pledge for money advanced.

Every pawnbroker shall be liable to all the penalties hereinafter
provided for violation of any of the provisions of this section, whether
such violations be committeed by himself or by his agent, clerk, or
employee. ,

Every person who shall be convicted of violating any of the provi-
sions of this section shall, for the first offense, forfeit and pay a penalty,
except in cases where a different penalty is herein provided, not exceed-
ing twenty-five dollars, and for a subsequent offense shall pay such
penalty as the court may impose, and shall in the discretion of the court,
forfeit his license.

Every license issued under this section shall expire on the thirty-first
day of December of each year. No license issued under this section shall
be prorated.

Chap. 69—An ACT to amend and re-enact Sections 3 and 10, as amended, of
Chapter 386 of the Acts of Assembly of 1942, approved April 2, 1942, relating
to the compensation and expenses ‘of sheriffs and sergeants and the cities to
which the chapter is applicable so as to bring the City of Suffolk within cer-
tain provisions of the chapter. [H. B. 80]

Approved April 9, 1945

Be it enacted by the General Assembly of Virginia :

I, That sections three and ten, as amended, of chapter three hun-
dred eighty-six of the Acts of Assembly of nineteen hundred forty-two,
approved April two, nineteen hundred forty-two, be amended and
re-enacted, as follows: .

Section 3. Factors to Be Considered; Advisory Compensation
Scales.—(a) The annual salary of the sheriff of each county shall be not
less than twelve hundred dollars and not more than six thousand dollars.
The annual salary of the sergeant of each city shall be not less than
twelve hundred dolars and not more than six thousand dollars.. The an-
nual salary of a full-time deputy of a sheriff or of a sergeant shall be not
more than two-thirds of the compensation fixed for the’sheriff or sergeant
of his county or city, as the case may be, and in no instance shall it exceed
three thousand dollars. ,

(b) In fixing the salary of each sheriff and sergeant, and of each
of their full-time deputies, the Compensation Board shall take into con-
sideration the population and area of the county or city for which he is
elected or appointed, the number of persons committed to the jail thereof,
the aggregate number of days spent by prisoners in the jail thereof, the
compensation previously received by the sheriff or sergeant and each of
their full-time deputies, the amount of fees collected by such officers,
and such other factors as the Compensation Board deems proper.

(c) The salaries shall be fixed, as far as is consistent with the
factors hereinbefore required to be considered, according to the following
schedule:

(1) In the counties of Amelia, Appomattox, Bland, Charles City,
Clarke, Craig, Cumberland, Essex, Fluvanna, Gloucester, Goochland,
Greene, Highland, James City, King George, King and Queen, Madison,
Mathews, Middlesex, New Kent, Northumberland, Powhatan, Rappa-
hannock, Richmond, Stafford, Surry, Westmoreland and York, the
salary of each sheriff shall be not less than twelve hundred dollars and
not more than two thousand dollars per annum ;

(2) In the counties of Bath, Charlotte, Culpeper, Floyd, Isle of
Wight, King William, Lancaster, Louisa, Page, Prince William and
Spotslyvania, the salary of each sheriff shall be not less than one thousand
two hundred dollars and not more than two thousand five hundred
dollars ; |

(3) Inthe counties of Amherst, Botetourt, Buckingham, Fauquier,
Grayson, Hanover, Loudoun, Lunenburg, Nelson, Nottoway, Orange,
Patrick, Shenandoah and Warren, the salary of each sheriff shall be not
less than two thousand dollars and not more than three thousand dollars
per annum ; :

(4) Inthe counties of Brunswick, Campbell, Carroll, Chesterfield,
Caroline, Greensville, Prince Edward, Sussex and Warwick, the salary
of each sheriff shall be not less than two thousand four hundred dollars
and not more than three thousand six hundred dollars per annum;

(5) Inthe counties of Alleghany, Albemarle, Bedford, Dickenson,
Dinwiddie, Frederick, Giles, Henry, Mecklenburg, Northampton, Prince
George, Princess Anne, Pulaski, Rockbridge, Smyth, Southampton and
Wythe, the salary of each sheriff shall be not less than three thousand
dollars and not more than four thousand five hundred dollars per annum;

(6) Inthe counties of Accomack, Arlington, Elizabeth City, Fair-
fax, Halifax, Henrico, Montgomery and Scott, the salary of each sheriff
shall be not less than four thousand and not more than five thousand five
hundred dollars per annum ;
(7) In the counties of Augusta, Buchanan, Franklin, Lee, Nanse-
mond, Norfolk, Pittsylvania, Roanoke, Rockingham, Russell, Tazewell,
Washington and Wise, the salary of each sheriff shall be not less than
four thousand five hundred dollars and not more than six thousand
dollars per annum ; |

(8) In the cities of Buena Vista, Fredericksburg, Martinsville,
Radford and Williamsburg, the salary of each sergeant shall be not less
than one thousand two hundred dollars and not more than two thousand
five hundred dollars per annum ; |

(9) In the cities of Bristol, Charlottesville, Clifton Forge, Hope-
well and Suffolk, the salary of the sergeant shall be not less than two
thousand dollars and not more than five thousand dollars per annum;

(10) In the cities of Alexandria, Danville, Lynchburg, Newport
News, Norfolk, Petersburg, Portsmouth, Richmond and Roanoke, the
salary of each sergeant shall be not less than four thousand dollars and
not more than six thousand dollars per annum.

Section 10. Application of Act—(a) The provisions of this act
shall not apply to any city which does not operate a jail, nor to the
sergeant of such city, but they shall, however, apply in every respect to
the cities of Martinsville and Suffolk and to the sergeants thereof,
respectively. ,

(b) The provisions of this act shall apply in every respect to each
city which operates a jail, and to the sergeant thereof. In every such case
the sergeant shall have supervision and control of the jail and the custody
of all prisoners confined therein, any other provision of law, general,
special or local, to the contrary notwithstanding.

Chap. 70—An ACT to amend and re-enact Section 1 of Chapter 284 of the Acts
of 1944, entitled “An Act to provide for a temporary addition to the regular
cash compensation of certain State officers and employees, and to prescribe
how such additional cash compensation shall be computed and paid; to ap-
propriate funds to carry out the provisions of this act: and to authorize the
Governor under certain conditions to terminate such payments by Executive
Order.”, approved March 25, 1944, so as to extend the life and duration of
said act from December 31, 1945, to June 30, 1946. [H. B. 85]

Approved April 9, 1945

Be it enacted by the General Assembly of Virginia:

I. That section one of chapter two hundred eighty-four of the Acts
of nineteen hundred forty-four be and the same is hereby amended and
re-enacted, so as to read as follows: :

Section 1. For the period beginning January first, nineteen hun-
dred forty-four, and ending June thirty, nineteen hundred forty-six, each
person who receives cash compensation as salaries or wages directly
from the State of Virginia for services rendered the Commonwealth, its
departments, divisions, boards, commissions, institutions, offices, and
agencies, shall be entitled to, and shall receive, at the time his regular cash
compensation is paid during the period for services so rendered, or as
soon thereafter as practicable, a temporary addition to such regular cash
compensation at the rates prescribed herein. No additional compensation
shall be paid under this act to any inmate of a penal or reform institution,
or to any person for services as a member of the General Assembly,
judges of courts of record, or any person whose compensation is fixed by
the Compensation Board, other than its own employees and office force, or
by a committee of circuit court judges as provided by sub-section one
of section forty-nine eighty-seven—e of chapter three hundred seventy-
six of the Acts of Assembly of nineteen hundred forty-two, save and
except trial justices’ clerks, deputy clerks and clerical assistants.

If any regular employee of the State is compensated in part by
the State and in part from other sources, the additional compensation
shall be computed and paid only on that part of the cash cempensation
provided by the State.

Chap. 71—An ACT to amend and re-enact Section 1698-a of the Code of Virginia,
as amended, relating to hypnotic drugs. [S. B. 5]
Approved April 9, 1945

Be it enacted by the General Assembly of Virginia :

1. That section sixteen hundred ninety-eight—a of the Code of
Virginia, as amended, be amended and re-enacted, as follows:

Section 1698-a. In the following four sections, unless the context
otherwise requires, the words “dangerous drug”’ shall include:

(a) Diethyl Barbituric Acid (barbital), by whatsoever trade
name or designation; or any compound, preparation, mixture or solution
thereof; or any salt or derivative thereof or of barbituric acid possessing
hypnotic properties or effects ;

(b) Sulfanilamide (para- animo-benzene-sulfoamide), Sulfathia-
zole, Sulfapyridine, Sulfadiazine, Sulfaquanidine and sulfanilamide de-
rivatives by whatsoever trade name or designation; or any related com-
pound, preparation, mixture or salt, thereof; or any salt or derivative
thereof; or any preparation or mixture containing any of them.

(c) Hormones, or hormone drug preparations, whether of natural
origin, prepared from the so-called glands of internal secretion or en-
docrine glands, or whether synthetically produced, by whatsoever trade
name or designation, or any compound or mixture thereof; except
preparations intended for external use containing hormones in combi-
nation with other ingredients unfit for internal administration.

Chap. 72—An ACT to amend and re-enact Sections 8 and 9 of the Virginia Re-
tirement Act, approved March 31, 1942, in relation to service retirement and
disability retirement ; and to appropriate and provide moneys therefor, including
an appropriation of $275, 000 for teachers’ retirement funds out of the prin-
cipal of the Literary Fund in excess of $10,000,000. [S.B.7

~ Approved April 9, 1945

Be it enacted by the General Assembly of Virginia:

1. That sections eight and nine of the Virginia Retirement Act
approved March thirty-first, nineteen hundred and forty-two be
amended and re-enacted so as to read as follows:
Section 8. Service retirement.—(a) Any member in service may
retire upon written notification to the Board, made by the member or by
his employer, setting forth at what time, not less than thirty nor more
than ninety days subsequent to the filing of such notification, the retire-
ment is to become effective, provided that such member at the time so
specified for his retirement has attained sixty-five years of age, or, in the
case of a teacher in service prior to July first, nineteen hundred and
forty-two, has complied with the requirement for retirement set forth
in Chapter thirty-six of the Code of Virginia as it existed immediately
prior to the passage of this act, notwithstanding that during such period
of notification he has separated from service.

(b) Any member who has attained seventy years of age before
the date of establishment of the retirement system, or who attains seventy
years of age on or after such date, shall be retired forthwith; provided
that, upon the request of his employer in the case of a teacher, or the
head of the department, institution or agency by which he is employed,
in the case of a State employee, he may remain in service not longer
than the last day of the fiscal year during which he attains seventy years
of age, or if he is a State officer appointed by the Governor he may, in
the discretion of the Governor, be retained in service during such period
or periods for which he may be appointed by the Governor. Notwith-
standing the foregoing provisions, however, until the conclusion of the
war in which the United States is engaged at the time of the enactment
of this act, upon the request of his employer, in the case of a teacher, or
of the head of. the department, institution or agency by which he is
employed, in the case of a State employee, such member may remain in
service for such period or periods as may be determined by such employer
or department, institution or agency head, with the approval of the
Board, if such member is mentally and physically able to perform hfs
duties efficiently, but, upon conclusion of the said war, any member so
remaining in service shall be retired forthwith.

(c) Upon retirement as provided in this section a member shall
receive a service retirement allowance which shall consist of :

(1) An employee annuity which shall be the actuarial equivalent
of his accumulated contributions at the time of his retirement :

(2) <A State annuity of one-one hundred sixtieth (1/160) of his
average final compensation multiplied by the number of his years of
membership service since he last became a member ;

(3) If the member has a prior service certificate in full force and
effect, an additional State annuity of one-eightieth (1/80) of his average
final compensation multiplied by the number of years of service certified
on his prior service certificate. This paragraph as hereby amended shall
apply to annuity payments due and payable subsequent to July first,
nineteen hundred and forty-five, to members of the Virginia Retirement
‘System who hereafter retire, and to former members of the Virginia
Retirement System who have heretofore retired, but no such retired
former member of the Virginia Retirement System shall be entiled to
any increased payment because of this amendment for aay period prior
to July first, nineteen hundred and forty-five.
(4) In the case of a teacher, if the member has a prior service
certificate in full force and effect, an additional State annuity which
shall be the actuarial equivalent of the aggregate amount of all contribu-
tions made by him, or on his behalf, under the provisions of chapter
thirty-six of the Code of Virginia as it existed immediately prior to the
passage of this act, as though such aggregate amount had been paid into
the State annuity accumulation fund on the date of establishment of the
retirement system and credited to the individual account of such member
at regular interest.

If a teacher retires after thirty years of creditable service and prior
to his attaining age sixty-five, in lieu of the State annuity and the addi-
tional State annuities which he would have received pursuant to this
section had he remained in service until attaining sixty-five years of age,
he shall receive a State annuity which shall be the actuarial equivalent
of the said State annuity and additional State annuities computed on the
basis of his attained age at the time of his retirement. In any event, how-
ever, a teacher shall receive, upon retirement under any of the provisions
of this section, a total State annuity which shall be at least sufficient to
provide, together with his employee annuity, a service retirement allow-
ance equal to the pension which he would receive were he pensioned
under the provisions of chapter thirty-six of the Code of Virginia as
it existed immediately prior to the passage of this act, subject to the
provisions of the following paragraph.

In no event shall the total State annuity, in the case of any em-.
ployee who has a prior service certificate in full force and effect at the
time of his retirement, be more than sufficient to provide, together with
his employee annuity less any excess which he may have accumulated
pursuant to the provisions of section thirteen, subsection (h), a total
service retirement allowance of more than one-half of his average final
compensation. ,

Section 9. Disability retirement—(a) Any member in service
who has twenty or more years of creditable service may, upon the appli-
cation of his employer or upon his own application, be retired by the
Board not less than’ thirty nor more than ninety days next following the
date of filing such application, on a disability retirement allowance, pro-
vided that the Medical Board after a medical examination of such
member shall certify that such member is mentally or physically in-
capacitated for the further performance of duty, that such incapacity
is likely to be permanent, and that such member should be retired.

(b) Upon retirement on account of disability, a member shall
receive a disability retirement allowance which shall consist of:

(1) An employee annuity which shall be the actuarial equivalent
of his accumulated contributions at the time of retirement; and

(2) A State annuity which, together with his employee annuity,
shall provide a total disability retirement allowance equal to one-ninetieth
of his average final compensation multiplied by the number of years
of his membership service at retirement, plus one-ninetieth (1/90) of
his average final compensation multiplied by the number of years of
service certified on his prior service certificate. If, however, such dis-
ability retirement allowance does not exceed twenty-five per centum
of his average final compensation, the State annuity shall be in an amount
sufficient to provide, together with his employee annuity, a total retire-
ment allowance of twenty-five per centum of his average final compen-
sation, provided that in case of a teacher the State annuity shall be in
an amount at least sufficient to provide, together with his employee
annuity, a disability retirement allowance equal to the pension which
he would receive were he retired for disability under the provisions of
chapter thirty-six of the Code of Virginia as it existed immediately prior
to the passage of this act. This paragraph as hereby amended shall apply
to annuity payments due and payable subsequent to July first, nineteen
hundred and forty-five, to members of the Virginia Retirement System
who hereafter retire, and to former members of the Virginia Retirement
System who have heretofore retired, but no such retired former member
of the Virginia Retirement System shall be entitled to any increased
payment because of this amendment for any period prior to July first,
nineteen hundred and forty-five. In no event, however, shall the dis-
ability retirement allowance, in the case of any employee, exceed one-
ninetieth of his average final compensation multiplied by the number of
years of total service with which the member would be credited were his
service continued to his minimum age for service retirement. meet

(c) Once each year during the first five years following the re
tirement of a member on a disability retirement allowance, and once in
every three-year period thereafter, the Board may, and on application
of the disability beneficiary shall, require any such berieficiary who has
not yet attained his minimum service retirement age to undergo a
medical examination by the Medical Board or a physician or physicians
designated by the Medical Board, such examination to be made at the
place of residence of said beneficiary or other place mutually agreed upon.
Should a disability beneficiary who has not yet attained his minimum
service retirement age refuse to submit to any such medical examination,
his retirement allowance shall be discontinued until his withdrawal of
such refusal, and should such refusal continue for one year, all his rights
in and to his State annuity shall be forfeited. |

(d) Whenever the Medical Board certifies to the Board that any
disability beneficiary is engaged in or is able to engage in gainful occu-
pation or work paying more than the difference between his disability
retirement allowance and his average final compensation, the Board may
reduce the State annuity to an amount which, together with his employee
annuity and the amount earnable by him, equals the amount of his
average final compensation. Should the earning capacity of any such
beneficiary later be changed, the Board may further modify the amount
of his State annuity, provided that the State annuity so modified shall
not exceed the amount of the State annuity originally granted, nor the
amount which when added to the amount earnable by the beneficiary
together with his employee annuity, equals the amount of his average
final compensation. A beneficiary restored to active service, at salary
less than the average final compensation upon the basis which he was
retired, shall not. become a member of the retirement system unless and
until such salary 1s increased to an amount equal to or greater than
the average final compensation upon the basis of which he was retired
on a disability allowance.

(e) Should a disability beneficiary under his minimum service re-
tirement age be at any time in service at a salary equal to or greater than
his average final compensation upon the basis of which he was retired,
his disability retirement allowance shall cease and he shall again become
a member of the retirement system and shall contribute thereafter at
the same rate at which he paid prior to such disability retirement. Any
prior service certificate on the basis of which his allowance was com-
puted at the time of his disability retirement shall be restored to full
force and effect, and, in addition, upon his subsequent retirement he
shall be credited with all his membership service on the basis of which
his allowance was computed at the time of his original disability retire-
tirement, but should he be restored to active service on or after the
attainment of fifty-five years of age, his State annuity upon subsequent
retirement shall not exceed the sum of the State annuity which he was
receiving immediately prior to his last restoration to membership and
the State annuity that he would have received on account of his service
since such last restoration had he first become a member at that time.

2 (a) For the actuarial requirements of the State annuity re-
serve fund and’ the State annuity accumulation fund, as provided in the
Virginia Retirement Act, insofar as that .act relates to public school
teachers, there is hereby appropriated to the Virginia Retirement System,
for the fiscal year ending June thirtieth, nineteen hundred and forty-six,
from the principal of the literary fund of the State in excess of ten million
dollars, the sum of two hundred and seventy-five thousand dollars.

_ (b) For the actuarial requirements of the State annuity reserve
fund and the State annuity accumulation fund, as provided in the Vir-
ginia Retirement Act, insofar as the act relates to State employees,
there is hereby appropriated to the Virginia Retirement System, for
the fiscal year ending June thirtieth, nineteen hundred and forty-six,
out of moneys in the State treasury not otherwise appropriated, the sum
of twenty-five thousand dollars; and, in addition thereto, there is hereby
transferred to the said funds the appropriation of ninety thousand
dollars which was made to the Board of Trustees of the Virginia Retire-
ment System for the fiscal year ending June thirtieth, nineteen hundred
and forty-six, for supplementing retirement allowances of teachers and
State employees, the same being in item seventy and one-half of chapter
four hundred and seven of the Acts of Assembly of nineteen hundred and
forty-four. |

(3) An emergency existing, this act shall be in force on and after
July first, nineteen hundred and forty-five.
Chap. 73—An ACT to provide for and create a Board of Pardons and Reprieves,
and to vest said Board with powers to commute capital punishment and to
grant reprieves or pardons in both misdemeanor and felony cases as provided
in Section 73 of the Constitution of Virginia, and to appropriate money for
same. {S. B. 23]

Approved April 9, 1945

Be it enacted by the General Assembly of Virginia, as follows:

I. Section 1. Board of Pardons and Reprieves.—Creation and
appointment.—There .is hereby created a board to consist of three
members, who shall be appointed. by the Governor and serve during the
pleasure of the Governor. The name of the board shall be “The Virginia
Board of Pardons and Reprieves.”’

Section 2. Powers of Board.—Said board is hereby vested with
all of the following powers, which shall be exclusive:

(a) To commute capital punishment ;

(b) To grant reprieves or pardons in misdemeanor cases; and

The board shall be empowered to employ the necessary clerks and
other administrative assistants.

Section 3. Composition and Compensation of Board Members.—
The Governor shall designate the chairman of the board and may, in his
discretion, appoint one or more of the members of the Parole Board
created by chapter two hundred eighteen of the Acts of Nineteen hundred
forty-two as a member, or as members, of the Board of Pardons and
Reprieves, in which event any such members shall devote their full time
to the performance of the duties of the two boards. The Governor shall
fix the salaries and compensation of the members. The Director of
Parole, if appointed a member of or chairman of the Board of Pardons
and Reprieves, shall serve without additional compensation. The total
compensation of any other member of both boards shall not exceed five
thousand dollars per annum in addition to necessary traveling and other
expenses. In the event the Governor shall appoint as chairman or as a
member of the Board of Pardons and Reprieves a person not a member
of the Parole Board, such members shall receive no salaries but shall
be paid their necessary traveling and other expenses incurred in the
discharge of their duties, and in addition each such member shall be
entitled to the sum of fifteen dollars a day for each day, or portion thereof,
during which he is engaged in the performance of his duties; provided,
however, that no member of the board shall be paid such per diem for
more than two hundred and fifty days in any fiscal year. |

Section 4, Meetings and Quorum.—Meetings of the board may
be called by the chairman or any member thereof after reasonable notice
to the other members of the time and place of the meeting. A. majority
of the membership of the board shall constitute a quorum.

Section 5. There is hereby appropriated out of the general fund
of the treasury the sum of twenty-five thousand dollars to defray the
salaries and other expenses of the board and its employees. 7

2. An emergency exists and this act shall take effect June one,
nineteen hundred forty-five. , a
74 ACTS OF ASSEMBLY [va., Ex. 1945

Chap. 74—An ACT to amend and re-enact Section 3035 of the Code of Virginia,
as amended, relating to pensions, death benefits and insurance for certain city
and town officials and employees. [S. B. 37]

Approved April 9, 1945

Be it enacted by the General Assembly of Virginia:

1. That section thirty hundred thirty-five of the Code of Virginia,
as amended, be amended and re-enacted, as follows:

Section 3035. Pensions, death benefits, insurance or annuities for
certain officers and employees.—The governing bodies of the cities and
towns may, by ordinance adopted by a recorded vote of a majority of
the members elected or a majority elected to each branch, if there be
more than one branch, establish a system of pensions, death benefits or
group insurance or otherwise: through insurance or annuities provide
for injured, retired or superannuated or dependents of deceased officers
and employees of such cities and towns, or any department thereof, in-
cluding retired teachers and other retired employees of the school boards
of such cities, other than those elected by the people. The ordinance may
establish a fund for the payment of such pensions, group insurance,
death benefits, insurance or annuities by making appropriations out of
the treasury of the city or town, or by requiring contributions, payable
from time to time, or both; or by any other mode not prohibited by law.

Chap. 75—An ACT to amend and re-enact Section 861 of the Code relating to the

Virginia Polytechnic Institute and its Board of Visitors, and the conduct of

its affairs. [S. B. 39]
Approved April 9, 1945

Be it enacted by the General Assembly of Virginia:
1. That section eight hundred sixty-one of the Code be amended
and re-enacted so as to read, as follows:

Section 861. Rector, Vice-President, Committees, Clerk, and
other officers—The board of visitors shall appoint from their own body
a:rector, who shall preside at their meetings, and, in his absence, a presi-
dent pro tempore. The board may appoint a vice-president of the Institute
and, by appropriate regulations, prescribe his authority, duties, and
compensation, if any, and he shall hold office at the pleasure of the
board. The board shall also appoint from its membership an executive
‘committee of not less than three nor more than six, which, during the
interim between board meetings, shall be empowered to exercise all or
such part of the powers of the board as the board may by resolution
prescribe. The board may likewise appoint special committees and pre-
scribe their duties and powers. The executive committee, and other com-
mittees, shall make reports to the board, at its annual meeting or oftener
if required, of the acts performed by them from time to time. The board
shall also appoint a treasurer of the Institute and may appoint a secretary
thereof, and also a clerk to the board, and such other officers, assistants
and deputies as they deem advisable to conduct the business and affairs
cus. 75, 76] ACTS OF ASSEMBLY i: 75

of the Institute. A majority of the board and also of all committees
appointed pursuant to this section shall constitute a quorum.

2. An emergency existing, this act shall be in force from the time
of its passage.

Chap. 76—An ACT to amend the Tax Code of Virginia by adding thereto a new
section numbered 25l-a, and to amend and re-enact Section 264 of the Tax
Code of Virginia, both in relation to the assessment of real estate. [S. B. 40]

Approved April 9, 1945

Be it enacted by the General Assembly of Virginia: :

1. That the Tax Code of Virginia be amended by adding thereto
a new section numbered two hundred fifty-one-a, and that section two
hundred sixty-four of the Tax Code of Virginia be amended and re-
enacted, so that the said new section and the said amended and re-enacted
section shall read as follows:

Section 25l-a. Real estate owned by more than one person as
tenants in common, joint tenants or otherwise; lien; when assessment
sufficient; nonprejudicial errors, omissions or irregularities in the as-
sessment of any real estate, effect—If real estate be owned by more than
one person as tenants in common, joint tenants, or otherwise, the lien
on such real estate for the payment of the taxes and- levies annually
assessed thereon, whether heretofore or hereafter, shall not be imparied,
nor shall the assessment thereof be regarded as invalid, if such real
estate was or is assessed in the name of one of such owners with the
notation, “and another”, or “and others”, or “‘and wife”, or “and hus-
band’, or the appropriate abbreviations of such words, or their legal
equivalents, so as to indicatte that the real estate was or is owned by
more than one person.

No assessment of any real estate, whether heretofore or hereafter
made, shall be held to be invalid because of any error, omission or
irregularity by the commissioner of the revenue or other assessing officer
in charging such real estate on the land book unless it be shown by the
person or persons contesting any such assessment that such error,
omission or irregularity has operated to the prejudice of his or their
rights. ,

Section 264. When owner dies, how lands to be charged; while
charged to the estate, personally liable for tax—When the owner dies
intestate, the commissioner may ascertain who are the heirs of the
intestate, and charge the land to said heirs, or he may charge the land
to the decedent’s estate until a transfer thereof; and all assessments of
real estate heretofore made against a decedent’s estate are hereby vali-
dated if otherwise valid. When the owner has devised the land, the com-
missioner may charge the same to such person as may be beneficially
entitled thereto under the will. If, under the will, the land is to be sold,
it shall continue charged to the decedent’s estate until a transfer thereof,
and while it continues so charged to the estate, the personal property
shall be liable for the tax on all so charged, and subject to distress or
other lawful process for the recovery of the same. Any assests in the
hands of the personal representatives of the decedent shall be likewise
liable therefor.

Chap. 77/—An ACT to provide supplementary pensions for certain needy Con-
federate veterans. [S. B. 45]
Approved April 9, 1945

Be it enacted by the General Assembly of Virginia, as follows:

1. In addition to the monthly pension of seventy-five dollars per
month granted by Item forty of Chapter four hundred seven of the Acts
of Assembly of nineteen hundred forty-four, approved April four, nine-
teen hundred forty-four, and known as the Appropriation Act, the sum
of twenty-five dollars per month shall be paid to each and every ex-
Confederate soldier, sailor or marine now pensioned by the State.

Such payments shall be made in the same manner as like payments
authorized by Item forty of the Appropriation Act of nineteen hundred
forty-four.

2. An emergency exists and this act is in force from April one,
nineteen hundred forty-five.

Chap. 78—An ACT to appropriate to the State Board of Education, out of the
general fund of the State treasury, for public school purposes certain sums in
addition to and supplemental to the moneys appropriated to the said Board by
Chapter 407 of the Acts of 1944, (General Appropriations Act), and to pre-
scribe certain terms, conditions and provisions with respect to the expenditures
of same. [H. B. 23]

Approved May 19, 1945. ,

Be it enacted by the General Assembly of Virginia:

1. That there is hereby appropriated to the State Board of Educa-
tion, out of the general fund of the State treasury, for the purposes of
improving the operation of the public schools of the State, the following
items or sums, for the specific objects indicated:

Item 1—
For expenses of administration of the board and in-
creased supervision of the public schools, their op-
eration and administration _._.............------2+2--200seeeeeeees $ 33,960.00

Item 2—
For adult education, including establishing two add1-
tional consultation services, to be disbursed under
rules and regulations promulgated by the State
Board of Education -........2..2222-2::seceeeeeeeeceeeeeeeeeeeeeeeees 50,000.00

Item 3—
For administering state-wide program of examina-
tions and tests of pupils’ progress..................---...---- 12,000.00
Item 4—

For operation and administration of enlarged voca-
tional education program, to be disbursed under
rules and regulations promulgated by the State
Board of Education ......2-.2.22-2---:::--2--seeeeteeeeceeeeeeeeeeeeees

Item 5—

For expenses of reopening 22 agricultural depart-

ments in high schools closed for lack of manpower

Item 6—
For education and training in the occupation of distri-
bution and sale of merchandise and services............

Item 7—
For vocational training in trades and industries, to be
disbursed under rules and regulations promulgated
by the State Board of Education................--..-..-----.---

Item 8—

To provide for increasing teachers’ salaries, to be ap-
portioned and distributed as provided in Item 103
of ade Appropriation Act, Acts 1944, pg.
684-685 oon eeeeceeee cece cecece cence eeteeceeeneceeneceesesneeeseeeeees

Item 9—
For libraries for public schools to enable the State to
contribute $40.00 per unit instead of $30.00 under
EXisting SYStCM -.........22..222.:.cbeee seen eee eee eee eens

Item 10—
For supervision and visiting teachers....................------

Item 11—

For two-thirds of the additional cost of employing
supervising principals on a yearly basis, localities to
pay one-third of cost, the principals so employed to
be determined by the local school boards and the
State Board of Education.........2....22....22-2.002-:e02-000-+

Item 12— " |

For the purchase at $2.00 per enrolled pupil of maps,
globes, charts, projectors, slides, films, and such
other audio-visual teaching aids as shall be deter-
mined by the State Board of Education and the
OO ois 610)
The State Board of Education and the Governor
shall, in those instances in which they deem it neces-
sary, prescribe rules for the distribution and use of
the equipment purchased, so as to provide an equal-
ity of opportunity to the enrolled pupils in each
county, city and town, provided that an amount
equal to $2.00 per enrolled pupil shall be spent for
equipment to be used in each of these political
subdivisions.

144,000.00
40,000.00

15,000.00

170,000.00

2,225,000.00

50,000.00
175,000.00

100,000.00

1,112,530.00
Item 13—
For production of motion picture films of historical
sites, objects and scenes and natural resources dis-
tinctive to Virginia... cece cceeeeeeceeeeeeee ee ceeeeeeeeeee 100,000.00

Z. An emergency is hereby declared to exist, and this act shall be-
come effective on July first, nineteen hundred forty-five.

Chap. 79—An ACT to facilitate voting in person and by absentee ballot by mem-
bers and former members of the armed forces who are qualified to vote under
the provisions of Article XVII of the Constitution. [H. B. 91]

Approved May 19, 1945.

Be it enacted by the General Assembly of Virginia, as follows:

1. Whenever a majority of the judges of election of any precinct
are satisfied, by such evidence as they may deem proper, that a person
offering to vote in person in any election, including a legalized primary
election, is in active service as a member of the armed forces of the United
States in time of war, and that such person is otherwise qualified to vote,
they shall permit such person to vote in said election without being re-
quired to register or to pay any poll tax.

1. (a) Whenever the registrar of any precinct is satisfied that a
person requesting an absentee ballot in person, pursuant to the provisions
of sections two hundred two—two hundred eighteen of the Code of Vir-
ginia, is in active service as a member of the armed forces of the United
States in time of war and that such person is otherwise qualified to vote,
such registrar shall furnish said person with an absentee ballot even
though said person has not registered or paid any poll taxes, provided
said person executes in the presence of such registrar an affidavit in form
and content similar to the “oath of voter’ prescribed by section seven of
chapter two of the Acts of The General Assembly of Virginia, Extra
Session, nineteen hundred forty-five.

2. Whenever a majority of said judges are likewise satisfied that a
person offering to vote in person in any election, including a legalized
primary election, in the year nineteen hundred forty-five, has been dis-
charged at any time prior to January one, nineteen hundred forty-five,
from active service as a member of the armed forces of the United States
in World War II, and that such discharge was not dishonorable, and
that such person is registered and otherwise qualified to vote, they shall
permit such person to vote in said election without the payment of any

oll tax.
r 3. Whenever a majority of said judges are likewise satisfied that
such discharge occurred in time of war on or after January one, nineteen
hundred forty-five, and that such person is registered and otherwise
qualified to vote, they shall permit such person to. vote in all such elections
in the year of said discharge and in the year following said discharge
without the payment of any poll tax.

4, Whenever a majority of said judges are likewise satisfied that
said discharge from active service occurred in time of war and at a time
when the registration books were closed for the election at which said
person offers to vote, such person’s right to vote without being required
to register shall be deemed to have accrued while he was still in such
active service and said person shall be entitled to vote in said election
even though not then registered.

5. An emergency existing this act shall be in force from its passage.

Chap. 80—An ACT to amend and re-enact Section 5 of Chapter 2 of the Acts of
the Extra Session of 1945, approved March 26, 1945, relating to absentee voting
in elections by members of the armed forces. [S. B. 53]

Approved May 19, 1945.

Be it enacted by the General Assembly of Virginia: .

1. That section five of chapter two of the Acts of the Extra Session
of the General Assembly of nineteen hundred forty-five, which was ap-
proved on the twenty-sixth day of March, nineteen hundred forty-five,
be amended and re-enacted so as to read as follows:

Section 5. Applications for Ballots. Any member of the armed
forces eligible to vote in any election to which this act is applicable may
apply to the Secretary of the Commonwealth for an official war ballot
for said election. No particular form of application shall be required,
but it shall be sufficient for the applicant to state the active service of
which he is a member and his or her present address, and/or A. P. O.,
F. P. O., or other service post office number, and his legal residence.

Similar written application may be made in behalf of any eligible
member by any relative or personal friend of said member ; but no appli-
cation shall apply for more than one ballot, and there shall be a separate
application in behalf of each member.

2. An emergency existing, this act shall be in force from its passage.

Chap. 81—An ACT to appropriate to the respective counties and cities of the
Commonwealth a sum sufficient to reimburse them for certain expenditures in
connection with the election of delegates to the Constitutional aren

1945. [S.B
Approved May 19, 1945. .

Be it enacted by the General Assembly of Virginia :

1. There is hereby appropriated to the several counties and cities of
the Commonwealth, out of the general fund in the State treasury, a sum
sufficient for the purpose, to be used to reimburse such counties and cities
for mileage paid to judges of election for carrying returns and tickets to
and from voting places and to the clerks’ offices and commissioners of
election in holding the election of delegates to the Constitutional Conven-
tion under the provisions of chapter one of the Acts of Assembly of the
Extra Session of nineteen hundred forty-five, such mileage to be at the
80 | ACTS OF ASSEMBLY [va., Ex. 1945

rate authorized by section two hundred of the Code of Virginia. The
money hereby appropriated shall be paid by the State Treasurer into
the several county and city treasuries on warrants of the Comptroller,
issued on vouchers in such form as may be required by the Comptroller
duly approved by the chairmen of the respective governing bodies of the
counties and the mayors of the respective cities.

CHAP. 82—An ACT to amend and re-enact Section 13 of Chapter 223 of the Acts

of Assembly of 1916, approved March 17, 1916, providing a new charter for

‘the town of Gretna, ‘and to further amend such chapter by adding thereto a

new section numbered 13-A, relating to cemeteries and the control and man-

agement thereof. [S. B. 54]
Approved May 25, 1945.

Be it enacted by the General Assembly of Virginia:

1. That section thirteen of chapter two hundred twenty-three of the
Acts of Assembly of nineteen hundred sixteen, approved March seven-
teen, nineteen hundred sixteen, be amended, and that this chapter be
amended by adding thereto a new section numbered thirteen-A, as fol-
lows:

- Section 13. In addition to the powers conferred by other general
statutes, the council of the town shall have the power to lay off streets,
walks or alleys; alter, improve and light the same, and have them kept
in good order; to lay off public grounds and provide all buildings neces-
sary for the town; to provide a prison house and workhouse and employ
managers, physicians, nurses and servants for the same, prescribe regu-
lations for their government and discipline and for the persons therein ;
to prevent injury or annoyance from anything dangerous, offensive, or
unhealthy, and cause any nuisance to be abated; to regulate the keeping
of gunpowder or other combustibles, and provide magazines for the
same; to acquire or otherwise obtain control of, or establish, maintain,
operate, extend and enlarge water works, gas works, electric light and
power plants and other public utilities within or without the limits of the
town, for the purpose of supplying the inhabitants of the town with
water, gas, light, power, and so forth, and for public use and such other
purposes as are permitted by the laws of the State; to acquire within
or without the limits of the town by purchase, condemnation or other-
wise whatever land may be necessary for acquiring, locating, establishing,
maintaining, operating, extending or enlarging said water works, gas
works, electric plants and other public utilities, and the rights of ways,
rails, pipes, poles, conduits or wires connected therewith, or any of the
fixtures or appurtenances thereof; to keep on hand, sell and supply to
customers of its electric plant and water works, without profit to the
town, motors, lamps, electric fixtures, heating devices and other material
and supplies used by customers of electric power or water ; to lease, own,
operate or maintain rock quarries for the purpose of obtaining material
for use upon the public places or works of the town; to prevent the pollu-
tion of water and injuries to water works, for which purpose its juris-
CH. &2| ACTS OF ASSEMBLY 8l

diction shall extend to five miles above the same; and to protect from
injury, by ordinance with adequate penalties and by prosecution in State
courts, the pipes, poles, wires, fixtures, land and other things used in
connection with the water works, gas works, electric plant or other
public utilities; to make, erect and construct, within or without said
town, drains, sewers, and public ducts, and to acquire within or without
said town, by purchase, condemnation or otherwise, so much land as may
be necessary to make, erect, construct, operate and maintain the same:
to make regulations concerning the building of houses in said town, and
to establish and maintain parks, playgrounds and boulevards, and cause
the same to be laid out, equipped or beautified, and in particular dis-
tricts, or along particular streets, to prescribe and establish building
lines, to make regulations for the purpose of guarding against danger from
accidents by fire, and on the petition of the owners of not less than two-
thirds of the ground included in any square, to prohibit the erection in
such square of any building, or addition to any building more than ten
feet high, unless the outer walls thereof be made of brick and mortar,
concrete or stone and mortar, and provide for the removal of any build-
ings or addition erected contrary to such prohibition; to provide for the
weighing and measuring of hay, coal or any other articles of sale and
regulate the transportation thereof through the streets; to protect the
property of the town and its inhabitants and preserve peace and good
order therein; and to promote the general welfare of its inhabitants.
For carrying into effect these and its other powers, it may make ordi-
nances, by-laws, and resolutions, and prescribe fines and other punish-
ments for violation thereof; keep a town guard, maintain a chain gang,
appoint a collector of its taxes and levies, and such other officers as it
may deem proper, define their powers, prescribe their duties and com-
pensation, and take from any of them a bond, with sureties, in such
penalties as the council may deem fit, payable to the town by its corporate
name, and with condition for the faithful discharge of the said duties.
All fees, penalties and imprisonment shall be recovered or enforced
under the judgment of the mayor, or the person exercising his functions,
for the benefit of the town, and in the case of a failure to pay any fine
or any costs imposed by such judgment, the offender may, in the dis-
cretion of the trial officer, be required to work the same out upon the
public works of the town. ,
Section 13-A. The council shall have power to provide in or near
the town lands to be used as burial places for the dead and to hold title
to the same in the name of the town; to charge for and to improve and
care for and regulate the use of the ground therein; to cooperate with
any non-profit corporation or society in the improvement and care of
burial places and approaches thereto; and to provide for the perpetual
upkeep and care of any plot or burial lot therein; to take and receive
sums of money by gift, bequest, or otherwise, to be kept invested, and
the income thereof used in and about the perpetual upkeep and care of
the lot or burial plot for which the donation, gift or bequest shall have
been made; to subdivide any such land acquired as burial places for the
dead into lots and to sell or otherwise dispose of the same to any person
or persons, and to contract with such person or persons, either at the
time of sale or other disposition of the lot or lots, or at any other time,
for temporary or permanent care and maintenance, by payment of such
sum or sums to the said town as it may deem sufficient, which sums shall
be held and invested by it or such agency as may be designated by the
Council and the income used for such permanent care and maintenance,
and in all such cases, permanent care shall be consistent with the general
rules and regulations governing the burial place as may be designated
by the council of the town. And all acts of the town in heretofore accept-
ing from any person a deed for land used for a burial place for the dead,
and any contracts or agreements made with any person or persons for
perpetual care and maintenance are hereby declared valid. )
2. An emergency exists and this act is in force from its passage.

Chap. 83—An ACT to amend and re-enact Section 3434 of the Code of Virginia
relating to the office of the Secretary of the Commonwealth. [S. B. 56]

Approved May 25, 1945.

Be it enacted by the General Assembly of Virginia:

1. That section thirty-four hundred thirty-four of the Code of Vir-
ginia be amended and re-enacted, as follows: :

Section 3434. Salary of Secretary of the Commonwealth and his
clerks; contingent expenses——The Secretary of the Commonwealth, on
and after the commencement of the term beginning in January, nineteen
hundred forty-six, shall receive as his salary the sum of five thousand
dollars, and he shall receive no other compensation for his services ; all
fees of office and commission accruing shall be paid into the treasury.
He shall have power to appoint such clerical force as he may deem neces-
sary to the efficiency of his department and to apportion such salaries
among his several clerks as he may think proper, not in conflict with
law; but the aggregate amounts paid such clerks shall not exceed the
sum provided by law; and he shall have power to expend for the con-
tingent expenses of his office such sum as may be provided by law.

Chap. 84—An ACT to authorize the governing bodies of certain counties to ap-
propriate county funds for the construction, maintenance and operation of
water systems in the county and for the construction and operation of the
facilities adjacent to the county necessary to the proper operation of such sys-

tem in the county. | [H. B. 88]
Approved May 25, 1945.

Be it enacted by the General Assembly of Virginia:

1. The governing body of any county having an area of not less
than two hundred sixty-nine square miles nor more than two hundred
seventy-seven square miles, and which adjoins a city having a popula-
tion of less than ten thousand seventy-five but more than nine thousand
eight hundred, according to the latest preceding United States census,
is authorized and empowered to appropriate county funds for the con-
struction, maintenance and operation of water systems in the county;
the governing body is further authorized to appropriate county funds
for the construction, maintenance and operation of facilities adjacent to
the county necessary to the proper operation of any such system in the
county. .

_ 2. An emergency exists and this act is in force from its passage.

Chap. 85—An ACT to authorize the school boards of certain counties to make cer-
tain dispositions of funds raised by district school levies. [H. B. 89]

Approved: May 25, 1945.

Be it enacted by the General Assembly of Virginia:

1. The school board of any county having an area of not more than
four hundred sixty-six square miles and not less than four hundred sixty-
one square miles and having a population of not more than nineteen
thousand five hundred and not less than eighteen thousand two hundred,
according to the latest preceding United States census, is authorized
to use for the establishing, maintenance and operation of public free
schools in the county such amounts as are raised from district school
levies in each of the districts in such county as are needed for the estab-
lishing, maintenance and operation of such schools without regard to
the purpose for which such district levies were imposed. __

2. This authority shall terminate June thirty, nineteen hundred
forty-six. a

3. An emergency exists and this act is in force from its passage.

Chap. 86—An ACT to amend and re-enact Section 4694-a of the Code of Virginia
as amended, in relation to slot machines and devices. [H. B. 90]

Approved May 25, 1945.

Be it enacted by the General Assembly of Virginia: ,

1. That section forty-six hundred ninety-four-a of the Code of Vir-
ginia, as amended, be amended and re-enacted, as follows:

Section 4694-a. Manufacturing, keeping, et cetera, slot machines.
—(a) It is unlawful for any person, firm, or corporation:

(1) To manufacture, own, store, keep, possess, sell, rent, lease, let
on shares, lend or give away, transport, or expose for sale or lease, or
to offer to sell, rent, lease, let on shares, lend or give away, or to permit
the operation of, or to permit to be placed, maintained, used or kept in
any room, space or building of any kind, public or quasi-public or private,
owned, leased or occupied by him or under his or its management or
control, any slot machine or device as hereinafter defined ; or,

(2) To make or permit to be made with any person any agreement,
express or implied, or in any other way, with reference to any slot ma-
chine or device, as hereinafter defined, pursuant to which the user there-
of, as a result of any element of chance or other unpredictable outcome,
may become entitled to receive any money, credit, allowance, or thing
of value or additional chance or right to use such machine or device, or
to receive any check, slug, token or memorandum entitling the holder
to receive any money, credit, allowance or thing of value, whether
through such machine automatically or by delivery in any manner.

(b) Any machine, apparatus or device is a slot machine or device
within the provisions of this section if it is one that is adapted, or may
readily be converted into one that is adapted, for use in such a way that,
as a result of the insertion of any piece of money or coin or other object
such machine or device is caused to operate or may be operated, and
by reason of any element of chance or of other outcome of such operation
unpredictable by him, the user may receive or become entitled to receive
any piece of money, credit, allowance or thing of value, or any check,
slug, token or memorandum, whether of value or otherwise, which may
be exchanged for any money, credit, allowance or thing of value, or
which may be given in trade, or the user may secure additional chances
or rights to use such machine, apparatus or device, irrespective of whether
it may, apart from any element of chance or unpredictable outcome of
such operation, also sell, deliver or present some merchandise, indication
of weight, entertainment or other thing of value. Such machine, apparatus
or device is no less a slot machine or device within the provisions of this
section if it indicates beforehand the definite result of one or more opera-
tions but not of all operations.

(c) Any person, or member of a firm, or officer or agent of a cor-
poration or association, violating any provisions of this section shall be
guilty of a misdemeanor and upon conviction shall be punished by a
fine of not less than fifty dollars and not more than one thousand dollars,
or by confinement in jail not less than thirty days and not more than
twelve months, or by both such fine and confinement.

(d) Any article or apparatus possessed, maintained, kept or used
in violation of the provisions of this section is hereby declared to be a
public nuisance and may, together with all money and tokens therein,
be seized under a search warrant issued in accordance with law. Any
money so seized shall be forfeited to the Commonwealth and such article
or apparatus shall be destroyed.

(e) If it shall come to the knowledge of the Governor that this sec-
tion is not being enforced in any county, city or town, the Governor
may call upon the Attorney General to direct its enforcement in such
county, city or town, and thereupon the Attorney General may instruct
the attorney for the Commonwealth, sheriff and chief of police, if any, of
such county, or the attorney for the Commonwealth and chief of police
of such city, or the attorney for the Commonwealth of the county in
which such town is located and the chief of police or sergeant of such
town, to take such steps as may be necessary to insure the enforcement
of this section in such county, city or town, and if any of such officers,
after receiving such instructions, shall thereafter fail or refuse to exercise
diligence in the enforcement of this section, the Attorney General shall
cHs. 86, 87] ACTS OF ASSEMBLY . 85

make report thereof in writing to the Governor and to the judge of the
court of record having jurisdiction over the acts hereby prohibited, and
thereupon the Attorney General, upon being directed so to do by the
Governor, shall take such steps as he may deem proper in directing the
institution and prosecution of criminal proceedings, to secure the enforce-
ment of this section. ,

(f) After a hearing, the Alcoholic Beverage Control Board shall
suspend or revoke the license of any person who it shall find has violated
or permitted the violation of this act upon premises for which the said
board shall have issued a license for the sale of wine or beer to the public.

Chap. 87—An ACT to amend and re-enact Section 656 of the Code of Virginia,
as amended, relating to powers and duties of school boards. [H. B. 92]

Approved May 25, 1945.

Be it enacted by the General Assembly of Virginia : :

1. That section six hundred fifty-six of the Code of Virginia, as
amended, be amended and re-enacted, as follows:

Section 656. The school board shall have authority, and it shall be
the duty of the school board to secure, by visitation or otherwise, as full
information as possible about the conduct of the schools ; to take care that
they are conducted according to law and with the utmost efficiency ; to
provide for the payment of teachers and other officers on the first of
each month, or as soon thereafter as possible ; to provide, for the erecting,
furnishing, and equipping of necessary school buildings and appurtenances
and the maintenance thereof; to provide for all public schools an ade-
quate and safe supply of drinking water and see that the same is periodi-
cally tested and approved by or under the direction of the State Board
of Health, either on the premises or from specimens sent to said board ;
to provide such text-books as may be necessary for indigent children
attending public schools; in general, to incur such costs and expenses,
but only such costs and expenses as are provided for in its budget with-
out the consent of the tax levying body; to provide for the consolidation
of schools and for the transportation of pupils whenever such procedure
will contribute to the efficiency of the school system; to receive and
audit all claims arising from commitments made pursuant to the pro-
visions of this section and, by resolution or recorded vote, to approve
and issue warrants on the county treasurer in settlement of those of such
claims that are found to be valid. Tle school board may provide, by res-
olution, for a petty cash fund of not exceeding one hundred dollars, from
which the clerk of the board may pay all claims, not exceeding ten dol-
lars each, arising from commitments made pursuant to the provisions
of this section; if such fund be so created the clerk shall pay therefrom,
without necessity of prior receipt and audit of the claims by, or approval
and issuance of the warrant of, the board on the county treasurer, all
such claims ; the clerk, at the meeting of the board in the month following
the month in which he has paid any such claim, shall report his action
to the board for approval and reimbursement. Every warrant issued
pursuant to the provisions of this section shall bear the date on which
the school board orders it to be issued and shall be made payable on
demand, signed by the chairman or acting chairman of the school board,
countersigned by the clerk or acting clerk of the schocl board, and re-
corded in the form and manner prescribed by the State Board of Educa-
tion. The acts prohibited by section twenty-seven hundred and twenty-
four-a of the Code of Virginia with respect to the ordering of the issuance
of warrants by a board of supervisors and the signing and countersigning
of such warrants by the clerk, deputy clerk, chairman, and acting chair-
man of such board shall apply to the ordering of the issuance of warrants
by a county school board and to the signing and countersigning thereof
by the chairman, acting chairman, clerk and acting clerk of such board,
and any clerk, acting clerk, or member of any county school board who
violates or becomes a party to the violations of this provision shall be
guilty of a misdemeanor, and in addition thereto shall be guilty of mal-
feasance in office.

Such payrolls so paid shall be reviewed and approved by the school
board at its next regular meeting.

The school board shall encourage meetings of teachers to be held
from time to time in the county under such regulations as the division
superintendent of schools may prescribe. :

It shall be the duty ‘of the school board to perform such other duties
as shall be prescribed by the State Board of Education or are imposed
by any other section of the Code.

2. An emergency exists and this act is in force from its passage.

Chap. 88—An ACT to authorize the Boards of Supervisors of Scott and/or Tazewell
Counties to make certain appropriations to be used in maintaining an office in
each of said counties for the purpose of assisting veterans of World War II,
and to ratify any such appropriations heretofore made. [H. B. 94]

Approved May 25, 1945.

Be it enacted by the General Assembly of Virginia, as follows:

1. The Boards of Supervisors of Scott and/or Tazewell Counties
may, out of the general county levies of said counties, appropriate such
sums as to them may seem proper to be used in maintaining in each of
said counties an office, including the compensation and expenses of the
necessary personnel, for the purpose of advising with, consisting, and
giving information to residents of such counties as are or were members
of any branch of the armed services during World War II. It shall also
be the duty of such office to cooperate with State and Federal agencies
established for the purpose of assisting such members of the armed
services. |
2. Any appropriation heretofore made by either of said counties
for the purposes described in this act are hereby ratified as if made under
the authority contained herein.
- 3. An emergency existing, this act shall be in force from its passage.

Chap. 89—An ACT to authorize the Commonwealth of Virginia to convey to the
United States of America certain marsh lands or interests therein on the sea
side of the County of Accomack, for the construction, operation and mainten-
ance of a channel for small boats. ; fH. B. 95]

Approved May 25, 1945.

Be it enacted by the General Assembly of Virginia:

1. The Governor of Virginia is authorized and empowered to exe-
cute, in the name and on behalf of the Commonwealth of Virginia, a deed
or other appropriate instrument conveying to the United States of Amer-
ica, without any consideration but subject to the jurisdictional limitations
and reservations contained in sections nineteen-a and nineteen-b of the
Code of Virginia, such right, title and interest in or easement over and
across the Gargathe Marshes lying along the sea side of the County of
Accomack as may be necessary and proper for the construction, opera-
tion and maintenance of a canal or channel for small boats over and
through such marsh lands. ,
2. An emergency exists and this act is in force from its passage.

Chap. 90—An ACT to amend and re-enact Section 16, as amended, of an act en-
titled “An act to provide a new charter for the city of Alexandria, Virginia.”
approved March 24, 1932, and to further amend the act by adding two new
sections numbered 16-a and 16-b, the section being amended and new sections
relating to the civil and police justice and the judge of the j uvenile and domestic
relations court providing for a substitute judge for that court and fixing his
powers and duties, and providing for a special election to determine the method
of electing the judge thereof. [H. B. 86]

Approved May 25, 1945.

Be it enacted by the General Assembly of Virginia :

1. That section sixteen, as amended, of an act entitled “An act
to provide a new charter for the city of Alexandria, Virginia.”, approved
March twenty-four, nineteen hundred thirty-two, be amended and re-
enacted, and that the act, as amended, be further amended by adding
two new sections numbered sixteen-a and sixteen-b, as follows:
Section 16. In case of a vacancy arising in the office of civil and
police justice or in any other elective municipal office mentioned in this
charter, except as otherwise provided, it shall be the duty of the council
to certify same to the judge of the corporation court, who shall issue his
writ for an election to fill the vacancy in the manner prescribed by the
general election laws of the State.

This section as amended shall become effective January one, nine-
teen hundred forty-six, but its provisions shall be subject to any change
in the manner of filling vacancies in the office of judge of the Juvenile
and Domestic Relations Court made under the provisions of section six-
teen-b of the charter.

Section 16-a. The judge of the Juvenile and Domestic Relations
Court must be a person who has practiced law for at least two years prior
to his selection and he shall hold no other public office during his incum-
bency. The judge of the Civil and Police Justice Court shall be ex-
officio substitute judge of the Juvenile and Domestic Relations Court.
In the event of the disability of the judge of the Juvenile and Domestic
Relations Court to perform the duties of his office by sickness, absence or
otherwise, or of the impropriety of his acting, the substitute judge shall
perform the duties and possess the powers of the regular judge during
such period, and in the event of the resignation, death, removal, or per-
manent disability of the regular judge, the substitute judge shall act until
a successor has been elected and has qualified. The substitute judge shall
receive for his services such compensation as the council determines.

Section 16-b. A special election shall be held in the City of Alex-
andria on the first Tuesday in August, nineteen hundred forty-five, at
which election the electors of the city who would be qualified to vote
at the regular election in November, nineteen hundred forty-five, shall
determine whether the judge of the Juvenile and Domestic Relations
Court shall thereafter be appointed by the city council or elected by the
electorate of the city. The regular election officers of the city shall pre-
pare the ballots and provide for the submission of the question to the
voters at the election. The election shall be conducted in the manner
prescribed by law for the conduct of regular elections and the ballots
shall be printed and voted in accordance with the provisions of section
one hundred ninety-seven-a of the Code of Virginia. The questions to be
voted on shall be printed in separate lines thus:

[_] For election of the Judge of the Juvenile and Domestic
Relations Court by the qualified voters of the city.

[_] For appointment of the Judge of the Juvenile and Domestic
Relations Court by the council.

Returns of the election shall be certified by the commissioners of election
to the corporation court of the city, or to the judge in vacation, and an
order shall be entered of record, setting forth the method of electing the
judge of the Juvenile and Domestic Relations Court adopted by a majority
vote of the electors at the election, a copy of which shall be certified forth-
with by the clerk of the court to the council of the city for recordation in
its journal. The election may be contested, and the proceedings for any
contest shall conform as nearly as may be to the provisions of section
two thousand seven hundred fifty-four of the Code of Virginia. ,

If the vote be in favor of the appointment of the judge by the council,
all vacancies thereafter occurrirtg shall be filled by the council as provided
in other sections of this charter after January one, nineteen hundred
forty-six. If the vote be in favor of the election of the judge by the qualli-
fied voters of the city, the judge shall be elected at the regular election
to be held in November, nineteen hundred forty-five, provided that at
the election held in nineteen hundred forty-five candidates for the office
may file the notice of candidacy required by section one hundred fifty-
four of the Code of Virginia, as amended, thirty days before the election
and the ballot to be used at the election shall be printed as soon as prac-
ticable after the secretary of the electoral board has been officially noti-
fied of the names of the candidates. In either event the judge shall take
office on the first day of January, nineteen hundred forty-six for a term
of four years and to serve until his successor has been elected and has
qualified.

2. An emergency exists and this act is in force from its passage.

I, E. Griffith Dodson, Clerk of the House of Delegates of Virginia,
do certify that the session of the General Assembly of the Commonwealth
of Virginia, at which the Acts of Assembly herein printed were enacted,
adjourned sine die on May sixteenth, nineteen hundred forty-five.

E. GRIFFITH Dobson
Clerk of the House of Delegates.

Note: Except as otherwise specifically provided therein, all Acts of this
] session of the General Assembly become effective at the first
moment of August 15, 1945.
Joint Resolutions of the

General Assembly

EXTRA SESSION 1945

HOUSE JOINT RESOLUTION NO. 4

Directing the Virginia Advisory Legislative Council to Make a Study and
Report on the Advisability of Repealing Section 51 of the Constitution of

Virginia. .
Agreed to by the House, March 19, 1945.
Agreed to by the Senate, March 23, 1945.

Be it resolved by the House of Delegates, the Senate concurring,
That the Virginia Advisory Legislative Council is authorized and di-
rected to study and report, at least sixty days before the next meeting
of the General Assembly, on the advisability of repealing Section 51 of
the Constitution of Virginia, requiring a standing committee of the
General Assembly on Special Private and Local Legislation, to the end
that the legislative procedure may be facilitated.

HOUSE JOINT RESOLUTION NO. 5

Directing the Virginia Advisory Legislative Council to Make a Study and Report
on Compensation of the Members of the General Assembly.

Agreed to by the House, March 19, 1945.
Agreed to by the Senate, March 23, 1945.

Be it resolved by the House of Delegates, the Senate concurring,
That the Virginia Advisory Legislative Council is authorized and di-
rected to study and report, with its recommendations, at least sixty
days befort the next meeting of the General Assembly, on the subject
of compensation of the members of the General Assembly.

HOUSE JOINT RESOLUTION NO. 6
In Memory of John Tyler, Tenth President of the United States—1841-1845.
Agreed to March 22, 1945.
As this is the hundredth anniversary of the end of the presidency
of the United States of John Tyler of Virginia, it is believed that the

career of this eminent man should be recalled to the attention of the
people of the State and the United States. ,
H.y.R.6] ACTS OF ASSEMBLY 91

John Tyler was born in Charles City County on March 29, 1790,
the son of John Tyler, governor of Virginia, 1808-1811. He began his
public service in 1811, when he was elected to the General Assembly.
In 1815 he became a member of the council. In 1813 he raised a company
for the defence of Richmond. From 1816 to 1821 he was a member of
the House of Representatives in Congress. From 1823 to 1825 he was
again in the Virginia Assembly. In 1829 he was elected to the United
States Senate and also served in the state constitutional convention of
1829-30. In 1833 he was once more elected to the Senate, but he re-
signed his seat in 1836 because he could not conscientiously vote as he
was directed by the General Assembly to do

In this whole time Tyler was distinguished for independence and
fidelity to principle. A strong advocate of state rights, he opposed Presi-
dent Andrew Jackson on certain policies and thereby came to act in
concert with the Whig opposition, though he was never at any time
other than a Democrat. He was nominated for Vice-President on the
ticket with William Henry Harrison, in 1840; and in the most exciting
campaign held in the United States up to that time the ticket was
elected. A month after the inauguration, President Harrison died and
Vice-President Tyler succeeded him.

President Tyler’s accomplishments in the period of his presidency,
1841-1845, were notable. The financial system of the country was placed
on a sound basis. The post office department paid for itself, whereas
before deficits had been large. The Webster-Ashburton treaty decided
the boundary dispute between Maine and Canada, thus removing a
subject of misunderstanding. The spoils system of office-holding was done
away with. Owing to President Tyler’s initiative, Texas, which as an
independent state was desired both by Great Britain and France, was
admitted to the Union. Florida became a state on the last day of Tyler’s
term of office. In this period Tyler stood between the two great parties
as a man of independent mind and principles, determined to support
the Constitution of the United States as he saw it and seeking to establish
a genuinely national policy that, would discourage sectionalism.

After his retirement from the White House, John Tylar did not
hold office again until the War between the States. No other man made
such strenuous efforts to avert that terrible calamity. The General
Assembly appointed him a commissioner to President Buchanan to seek
to prevent a conflict at Fort Sumter in Charleston harbor; no actual
hostilities occurred while Buchanan remained in office. The Peace
Congress, which met in Washington, in February, 1861, and of which
he was elected President, was mainly the result of his labors. He was
a member of the Virginia convention of 1861 and a commissioner to
arrange a union between Virginia and the Confederate states. A member
of the Provisional Confederate Congress, he was elected to the regular
Congress, but died on January 18, 1862, before Congress assembled.

Highlights in the public life of this distinguished son of Virginia
were strikingly outlined by Claude G. Bowers of New York, eminent
editor and author, in his address at the unveiling of the bust of President
Tyler in the old hall of the House of Delegates, June 16, 1931, as follows:
“1. In the discussion of the Missouri Compromise he saw ahead
the shadows of the war of 1861 and anticipated by 37 years the decision
in the Dred Scott case. Had the South rallied to his support, the slavery
question would have been settled then without war.

“2. During the great agitation in 1833 over the tariff and threat-
ened civil war, he outlined the basis of the compromise tariff on which
peace was finally made, and he brought together in its support the two
great champions of the opposing interests—Henry Clay and John C.
Calhoun.

“3. In 1832 he anticipated the Compromise of 1850 by putting in
his Code of Laws prepared for the District of Columbia a provision
abolishing the slave trade or sale of slaves there; and in 1835, as Chair-
man of the Senate Committee for the District, he opposed the ‘gag rule’
favored by Mr. Calhoun and Henry L. Pinckney, of South Carolina,
which gave the antislavery men a pretext for agitation under the guise
of the sanctity of the right of petition.

“4. As the first Vice President to succeed to the Executive
authority, he rendered an immeasurable service by firmly asserting his
right and authority as President of the United States, thus permanently
settling the tenure of all the Vice Presidents that have subsequently
succeeded to the first office by the death of the President.

“5 As ‘Veto President’ he destroyed for all time the gigantic
monopoly of the United States Bank, and as a substitute he evolved his
‘exchequer system’ of finance, pronounced by Webster at Faneuil Hall
as ‘the most beneficial institution, the Constitution alone excepted’. This
incomparable measure was defeated by a partisan Congress, and the
money of the country remained in Tyler's keeping during his whole
term without any loss to the Government. He reduced the debt that came
to him and administered the government at one fourth less expense than
his predecessor, Mr. Van Buren. |

“6. The Seminole War, that seven years of fighting had failed to
end, by his tact and promptness President Tyler finished in a few months.

“7. Dorr’s Rebellion, which he dissipated simply by the firmness
of his attitude, without firing a gun and without a wound to the Consti-
tution. Daniel Webster wrote, ‘Your conduct of the affair will here-
after appear, I am sure, worthy of all praise’.

“8. The Treaty of Washington, 1842, which stands out as one of
the most important treaties ever negotiated by the United States, be-
cause of the numerous important questions involved—the controversy
over the northeastern boundary which had come down unsolved through
six administrations, the right of search claimed by Great Britain under
pretext of suppressing the slave trade, and the sanctity of territory and
protection of the flag involved in the cases of the Caroline and Creole.
In this negotiation, if the immediate labor devolved upon the Secretary
of State, Daniel Webster, the constant supervision and direction, as well
as final sanction, devolved upon the President. His suggestions and
advice were frequently of the most important character, and but for
him, the English ambassador, Lord Ashburton, would have gone away
H: J. RS. 6, 14] ACTS OF ASSEMBLY 93

leaving almost the certainty of a war, in which England would have had
the assistance of both France and Mexico.

“QO, The Annexation of Texas, during the course of which Presi-
dent Tyler stood forth as the champion of the Monroe Doctrine against
the active intrigues of Great Britain and France.

“10. Hawaiian Islands. These islands were seized by the British
fleet in 1842, but President Tyler protested against the seizure as a
violation of the Monroe Doctrine. The British force was withdrawn, and
by the precedent created these islands became eventually a part of the
United States during the Presidency of William McKinley.

“11. By the treaty with China, negotiated through Caleb Custeine,
of Massachusetts, in 1844, he was the first President to throw open the
doors of the Orient to the people of the United States.

“12. As the advocate of peace in 1861 we see him sent by Virginia
to President Buchanan to prevent any hasty measure. We see him
originating the peace convention, of which he was president, and firmly
supporting the Crittenden compromise, which, if adopted, would have
prevented any war.”

As John Tyler, in all of these many capacities, exhibited a courage,
an integrity, an independence and patriotism above all praise,

Be it resolved by the House of Delegates, the Senate concurring,
That the General Assembly of Virginia join in paying tribute to the
memory of President John Tylar as a citizen and public servant of the
noblest type and a man whose career should be studied in all the schools
of the country, with the object of.inspiring youth by an example of
unsullied patriotism worthy of admiration and emulation.

HOUSE JOINT RESOLUTION NO. 14
Creating a commission to study veterans affairs.

Agreed to by the House, March 20, 1945.
Agreed to by the Senate, March 23, 1945.

Resolved by the House of Delegates, the Senate concurring, as
follows:

There is created a commission of seven members, two to be ap-
pointed by the President of the Senate from the membership of the
Senate, three to be appointed by the Speaker of the House of Delegates
from the membership of the House, and two by the Governor from the
citizenship of the State at large.

The commission shall make a thorough study of any necessary
changes in the statutes of Virginia in order to allow Virginia veterans
of World War II to receive every possible benefiit under the Federal
laws passed for their benefit. The commission shall further study the
laws passed by other states and any other relevant matter it may deem
requisite to enable it to formulate sound and adequate proposals for the
benefit of veterans of World War II and their dependents for considera-
tion by the General Assembly of Virginia.
The commission shall submit to the Governor and the General As-
sembly at least sixty days prior t othe next regular session of the Gen-
eral Assembly a report of its finding and recommendations, together with
any suggested legislation necessary to carry such recommendations into
effect.

No compensation is to be paid to the members of the commission,
but their expenses are to be paid. For the payment of which there is
hereby appropriated a sum sufficient, not to exceed one thousand dollars,
to be paid out of the contingent fund of the General Assembly.

HOUSE JOINT RESOLUTION NO. 16

Creating a commission to study and report on the educational needs of certain
wards of the State Department of Public Welfare and other specified children

in foster care.
Agreed to by the House, March 21, 1945.
Agreed to by the Senate, March 23, 1945.

Resolved by the House of Delegates, the Senate concurring, that a
commission is hereby created to be composed of seven members, three
to be appointed by the Speaker of the House of Delegates from the mem-
bership of that body, two to be appointed by the President of the Senate
from the membership of that body, and two to be appointed by the
Governor.

It shall be the duty of the commission to make a thorough and
careful study of the educational needs and problems arising therefrom
of the wards of the State Department of Public Welfare and all other
children in the care of legal child-placing agencies who are placed in
foster care outside of their city or county residence. The study shall em-
brace the social background of such children, their school record prior
to and during foster care, their mental and physical health condition, the
court record of those adjudged delinquent, dependent and neglected,,
the evaluation of the foster home in its relation to the child’s school
needs and adjustment, the contribution the public schools are making to
the child’s education and welfare, whether the public education system
in the respective counties is presently qualified to make proper contribu-
tion to the education of such children, and what if any additional educa-
tional facilities should be afforded such children in the public schools or
elsewhere.

The commission shall report to the Governor and the General As-
sembly at least sixty days prior to the next regular session of the Gen-
eral Assembly, and in its report the commission shall make such recom-
mendations as it deems best calculated to effectuate improvement in the
education and welfare of such children.

The commission is authorized to employ such secreterial or other
assistance as the commission deems necessary or advisable to assist it in
the performance of the duties imposed hereunder. The members of the
commission shall receive their actual expenses incurred in the per-
H. J. RS. 16, 18, 19] ‘ ACTS OF ASSEMBLY __ 95

formance of duties hereunder, for the payment of which and for other
expenses there shall be paid a sum sufficient, not exceeding one thousand
dollars ($1,000.00), to be paid out of the contingent fund of the General
Assembly.

HOUSE JOINT RESOLUTION NO. 18°

Approving the recammendation of the Virginia Education Commission that the
University of Virginia be made a center for graduate study in education.

Agreed to March 24, 1945,

Be it resolved by the House of Delegates of Virginia, the Senate
concurring, That the General Assembly of Virginia approves the follow-
ing recommendation of the Virginia Education Commission (page 20
of Report of the Commission) :

“The Commission recommends that the University of Virginia be
made a center for graduate study in education which will have prestige
equal to that of centers of this kind now generally conceded to be out-
standing, and such that other Virginia institutions concerned with teacher
training will look to the University of Virginia for guidance and leader-
ship. This is recommended as a service, not to a single institution, but
as a service to all teacher training iristitutions of the State. It is designed
to create the keystone to the arch, to supply an essential deficiency
that will aid every teacher training institution, whether public, private
or denominational, in Virginia. It is a comprehensive service affecting an
entire system of teacher training.”

and urges that the said recommendation be put into effect by the appro-
priate authorities of the University of Virginia when the necessary funds
are made available.

HOUSE JOINT RESOLUTION NO. 19

Extending the sympathy of the General Assembly to Minetree Folkes, Jr., a
former member of the General Assembly, and to Mrs. Kate Folkes Minor and
Mrs, John B. Baker, his aunt and sister, respectively.

Agreed to March 22, 1945.

Whereas, Minetree ‘Folkes, Jr., formerly a beloved and respected
member of the General Assembly, volunteered for service in the Marine
Corps, and has been gloriously serving his nation and State in the South-
west Pacific against the barbarous Japanese ; and

Whereas, in the course of such service, Minetree Folkes, Jr.,
was grieviously wounded while on active duty; Now, Therefore,

Be it Resolved by the House of Delegates, the Senate concurring,
That the General Assembly of Virginia extends its sympathy and best
wishes for a speedy recovery to Minetree Folkes, Jr., and expresses
to Mrs. Kate. Folkes Minor and Mrs. John B. Baker, his aunt and sister,
respectively, its sympathy in their anxiety and the hope of its members
for an early return of their former colleague to his family and friends ;
and be it further Resolved, That the Clerk of the House of Delegates
send a copy of this resolution to Minetree Folkes, Jr., and to Mrs. Kate
Folkes Minor and Mrs. John B. Baker.

HOUSE JOINT RESOLUTION NO. 21

Creating a commission to study and report on the auction method of selling Burley

tobacco. |
Agreed to by the House March 23, 1945.
Agreed to by the Senate March 24, 1945.

Whereas, there is dissatisfaction among many persons with the
auction method of selling Burley tobacco, particularly with respect to
the expense thereof, and the lack of uniformity in the prices obtained ; and

Whereas, the importance of the question warrants a careful study
before any regulation thereof by statute is proposed or attempted; Now,
Therefore,

Be it resolved by the House of Delegates, the Senate concurring,
That there is hereby created a commission to be composed of five mem-
bers, one to be appointed by the President of the Senate from the mem-
bers of the Senate, two by the Speaker of the House from the members
of the House of Delegates, and two to be appointed by the Governor.

It shall be the duty of the Commission to make a thorough study
of the auction method now in use in the sale of Burley tobacco in
Virginia, giving particular attention to methods in effect in other states
where tobacco is grown and marketed. It shall make a report of its find-
ings and recommendations to the Governor and the General Assembly
at least sixty days prior to the next regular session of the General
Assembly. .

The members of the Commission shall receive their actual expenses
incurred in the performance of their duties hereunder, for the payment
of which there is hereby appropriated a sum sufficient, not to exceed
one thousand dollars, to be paid out of the contingent fund of the General
Assembly.

HOUSE JOINT RESOLUTION NO. 24
Commending the Virginia Education Commission.

Agreed to March 24, 1945.

Whereas, pursuant to Senate Joint Resolution No. 11 of the General
Assembly of 1944, a commission was appointed to make a study of the
public free school system in Virginia, which commission came to be
popularly known as the “(Denny Commission” because of the selection of
Dr. George H. Denny, President Emeritus of the University of Alabama,
as its Chairman; and
Whereas, the members of the Commission have given untiringly of
their time and thought to the task assigned them, often at great personal

sacrifice ; and

Whereas, the report prepared by the Commission is a splendid
example of careful fact-finding, thoughtful analysis, sound conclusions
and practicable recommendations for affirmative action by the General
Assembly ; and

Whereas, the work of the Commission deserves the commendation
of all citizens who are interested in the great cause of public education ;
Now, therefore,

Be it resolved by the House of Delegates of Virginia, the Senate
concurring, that the General Assembly of Virginia hereby publicly com-
mends the Commission for its outstanding and scholarly study and re-
port, and extends to its individual members, and to Dr. Wilson Gee, the
Executive Director of the Commission, its grateful appreciation for
the great service they have rendered the cause of education in the State
of Virginia.

HOUSE JOINT RESOLUTION NO. 25
In appreciation of the long and faithful service of Captain John Power Pettis.
Agreed to March 24, 1945.

Whereas, on April 15, 1945, Captain John Power Pettis, a man
known and respected by every member of the General Assembly, will
have been in the continuous service of the State of Virginia for a period
of fifty-five years; and

Whereas, Captain Pettis, although eighty-one years of age, is in
robust health and is active in his duties as a member of the Capitol Police
at the seat of Government; and

Whereas, it is fitting and proper that the State of Virginia recognize
the long and efficient service of Captain Pettis; now, therefore,

Be it resolved by the House of Delegates of Virginia, the Senate
concurring, That the General Assembly of Virginia expresses its appre-
ciation of the faithful service of Captain Pettis for more than a half cen-
tury, and extends to him its cordial congratulations, and its best wishes
for many additional years of health and happiness as a valued employee
of the Commonwealth of Virginia, and be it further Resolved, That the
Clerk of the House of Delegates send a copy of this resolution to Captain
John Power Pettis.

HOUSE JOINT RESOLUTION NO. 26
Agreed to March 26, 1945.
Whereas, the Committee for Courts of Justice of the House of Dele-

gates, acting under a resolution agreed to by the House of Delegates and
the Senate on December 15, 1944, has, through its subcommittee, taken
evidence and investigated certain matters referred to this Committee as
reported by the select committee from the House at its last session, filed
March 8, 1944, in so far as the report of the select committee dealt with
the fitness of A. B. Carney as Judge of the First Judicial Circuit, and,

Whereas, the report of said Committee recommends that A. B.
Carney be removed from the office of Judge of the First Judicial Circuit,
that being the Circuit Court of Norfolk County, and,

Whereas, it is the opinion of this Committee that the causes of re-
moval should be enlarged,

Now, Therefore, be it Resolved, by the House of Delegates, the
Senate concurring : , |

1. That A. B. Carney, Judge of the First Judicial Circuit, be nott-
fied according to law that the General Assembly is about to proceed
against him for removal from office on account of the following causes
alleged therefor, to-wit:

(a). That A. B. Carney entered into an agreement with his prede-
cessor, Judge Coleman, by which he agreed to pay Judge Coleman a
part of his salary, conditioned upon the retirement of Judge Coleman
and his own election as Judge of the Circuit Court of Norfolk County ;

(b) Because of mis-feasance and non-feasance of Judge Carney, re-
sulting in general lax and inefficient law enforcement conditions in Nor-
folk County ; .

(c) Failure to take necessary action to remedy improper conditions
obtaining in the Norfolk County jail and to fix responsibility upon those
charged with the conduct of the jail ;

(d) Because of mis-feasance and mal-feasance in the appointment
or retention in office of unfit, improper, inefficient or corrupt special
police officers or other law enforcement officers ;

(e) Neglect of duty in the disposition and procedure in the case
of Commonwealth vs. Culpeper. In connection with which there should
be considered the disposition and conduct of the cases of Commonwealth
vs. Shackelford, Commonwealth vs. Adams, and Commonwealth vs.
Elsie Zick Moss;

(f) Because of the receipt by Judge Carney of an illegal payment
of one hundred dollars per month from the County of Norfolk, through
the deduction of that amount from the contribution otherwise due by
the City of South Norfolk to the County of Norfolk for general jail and
courthouse expenses.

2. Resolved, further, That the causes herein alleged for removal
be spread at length upon the Journal of both Houses, of the General As-
sembly and that a copy of this resolution be served by the Sergeant at
Arms of the House of Delegates and by the Sergeant at Arms of the
Senate upon the said A. B. Carney at least twenty days before the day
on which either house of the General Assembly shall act thereon.

3. Resolved, further, That the resolution for removal be fixed for
a special and continuing order on the 14th day of May nineteen hundred
forty-five.

4. Resolved further, that the evidence taken before the select com-
mittee and the joint subcommittee be printed immediately as a House
H. J. RS. 26, 27; s. jJ.R.1] ACTS OF ASSEMBLY 99

Document, and that copies thereof be distributed to the members of the
General Assembly and to counsel for Judge A. B. Carney as soon as re-
ceived by the Clerk of the House of Delegates.

5. That the House and the Senate shall resolve themselves into a
committee of the whole for the purpose of hearing argument of counsel
for Judge Carney and the joint subcommittee on the matters within the
scope of this resolution. ,

HOUSE JOINT RESOLUTION NO. 27

Expressing the sentiment of the General Assembly as to its members becoming
delegates to the Constitutional Convention. ;

Agreed to by the House, March 24, 1945.
Agreed to by the Senate, March 26, 1945..

Be it resolved by the House of Delegates, the Senate concurring,
that it is the opinion of the General Assembly that no member thereof
should become a candidate nor permit his name to be proposed as a dele-
gate to the Constitutional Convention in the election called for April
twenty-four, nineteen hundred forty-five.

SENATE JOINT RESOLUTION NO. 1

To appoint a commission to study and report such charges in the stiffens laws
in this Commonwealth, either constitutional or statutory, as may be deemed

advisable.
Agreed to by the Senate, March 23, 1945.
Agreed to by the House, March 24, 1945.

Be it resolved by the Senate of Virginia, the House of Delegates
concurring, That:-there is hereby created a commission of nine members
to be known as the “Suffrage Commission’. Two of the members of this
commission shall be appointed: by the Lieutenant Governor from the
membership of the Senate, three by the Speaker of the House of Dele-
gates from its membership, and four by the Governor from the citizen-
ship of the State at large.

It shall be the duty of this commission to make a thorough study
of the laws relating to the right of suffrage in Virginia, and to recom-
mend such changes therein either in the constitution or existing statutes
as the commission deems advisable. The commission shall make a report
of its findings and recommendations upon these subjects to the Governor
and to the next regular session of the General Assembly prior to De-
cember 15, 1945, to the end that action thereon may be taken at that
session. The commission will include in their report, or in an appendix
thereto, a draft of such amendments or revisions of the constitution and
existing statutes, and such additional constitutional and statutory enact-
ments as it deems appropriate to accomplish the recommendations of the
report.
The commission will select its own chairman and secretary and 1s
authorized to employ such clerical or other assistance as may be neces-
sary. No compensation shall be paid to the members of the commission,
but they shall receive their actual expenses incurred in the performance
of their duties. For carrying out the provisions of this resolution an ap-
propriation not exceeding fifteen hundred dollars ($1500) is made out of
the contingent fund of the General Assembly. 7

SENATE JOINT RESOLUTION NO. 2
For Commission to Study Health, Hospital and Medical Care Needs of Virginia,

etc,
Agreed to by the Senate, March 23, 1945.
Agreed to by the House, March 26, 1945.

Whereas, public health is one of the most important responsibilities
of good state government, and

Whereas, while the Commonwealth of Virginia, has, since the estab-
lishment of the Department of Health, made considerable progress in
caring for the public health, yet by reason of a continuing growth in pop-
ulation and changing trends and conditions, it is probably advisable to
further expand the activities and duties of this Department, to the end
that adequate health service shall be available for the citizens of this
Commonwealth, now, therefore, | |

Be it resolved, by the Senate of Virginia, the House of Delegates
concurring, as follows:

There is hereby created a Commission of nine members, two to be
appointed by the President of the Senate from the members of the Sen-
ate, three by the Speaker of the House from the members of the House
of Delegates, and four, including the Chairman, to be appointed by the
Governor.

1. The Commission shall make a thorough and complete study of
the Department of Health of the State of Virginia, and its work and
various activities; its needs, if any, for ‘enlargement and expansion in
order to properly meet the needs of our citizens at present and in the
future. .
2. The Commission shall consider the question of what is the best
manner to provide public health services, including medical and hospital
care to those of our citizens who are fmancially unable to provide it for
themselves. | , ,

3. The Commission shall, in conjunction with the Virginia Advisory
Legislative Council, (acting under Senate Joint Resolution Number 5ix-
teen, adopted February twenty-third, nineteen hundred forty-four) con-
sider the question of the medical facilities available to the rural popula-
tion of Virginia, and what may be done to improve existing conditions
in this field, including the desirability of establishing “Health Centers”
in various rural sections of the State.

4. The Commission shall make a comprehensive study of the State’s
major health problems and make its recommendations thereon.
5. The Commission shall make a study of the advisability of a plan
to examine and correct the physical defects of all school children, at pri-
vate expense where possible and at public expense where necessary.

6. The Commission shall make a study of the need of a hospital in-
surance plan for industrial workers, and other citizens.

7. The Commission shall study the advisability of establishing a loan
fund for those who wish to become physicians in Virginia, with extra
inducements provided for those who will agree to practice medicine at
least four years in rural areas.

8. The Commission shall also study methods of enabling negro
youths to become physicians to serve their race, including cooperation
with other nearby states in establishing a Regional Medical School for
Negroes.

9. The Commission shall at least thirty days before the next regular
session of the General Assembly make a report to the Governor of the
result of its studies.

SENATE JOINT RESOLUTION NO. 5

Requesting the Virginia Education Commission to continue its study of the ques-
tion of the consolidation of schools including the factor of transportation of

pupils.
Agreed to by the Senate, March 22, 1945.
Agreed to by the House, March 24, 1945.

Be it resolved by the Senate, the House of Delegates concurring,
That the Virginia Education Commission is requested to continue its
study of the question of consolidation of schools in the public free school
system including therein a study of the important factor of transporta-
tion of pupils, and to make a report to the Governor of the results of
its studies, together with its recommendations, on or before December

1, 1945.

HOUSE COMMITTEE SUBSTITUTE FOR SENATE
JOINT RESOLUTION NO. 6

Approving and urging the adoption of certain recommendations of the Virginia
Education Commission.

Agreed to March 26, 1945.

Whereas, at the last regular session of the General Assembly there
was adopted Senate Joint Resolution number eleven providing for a
commission to make a thorough and complete study of the system of
public free schools in Virginia and to make recommendations as a result
of such study, and

Whereas, this commission was duly appointed, was organized, and
has functioned as provided in said resolution and has made its report
which has been printed as the report of the “Virginia Education Com-
mission” and contains a comprehensive set of recommendations for the
improvement of the public free schools ot Virginia, and
Whereas, many of the recommendations of the commission may bé
put into effect by the several school authorities of the State and its politi-
cal subdivisions as matters of administration and policy and without the
necessity for legislative action, it is nevertheless the desire of the Gen-
eral Assembly at this time to express its approval and suggest the adop-
tion by such authorities of some of this class of recommendations, but
since it is not possible or practicable within the limited period of this
special session for the General Assembly to give thorough consideration
to all of such recommendations, failure to include in this resolution any
recommendation of the commission is not to be interpreted as disapprov-
ing the same; Now, Therefore,

_ Be it resolved by the Senate, the House of Delegates concurring,
That the following recommendations of the Virginia Education Commis-
sion are approved and their adoption urged where financial and other
conditions will permit :

The Commission considers that it would be of great value to the
deliberations of the State Board of Education if each member would spend
the time necessary each year to acquaint himself thoroughly at first hand
with the operations of the public school system in his district, and to that
end it recommends that a sum sufficient to pay the customary per diem
and travel expenses of the Board members be provided for this purpose.

The Commission recommends, without prejudice regarding anyone,
that periodically the State Department of Education should survey in a
judicially-minded manner the efficiency with which the several divisions
of its work are functioning, making such additions to its staff as are
necessary and effecting such changes or shifts in personnel as are found
advisable in the interests of highly capable performance. This is simply
a common-sense and routine procedure in the affairs of any permanent
and continuing organization.

The Commission recommends that, as the money is made available,
the State Board of Education be empowered to administer and enforce
a minimum monthly salary scale—uniform for white and Negro, rural
and urban, elementary and secondary—based on training and experience,
for ten months of work.

The Commission recommends that division superintendents make
early, active, and widespread search for the best qualified teacher for
each position, regardless of sex, marital status, or place of residence,
and that prime consideration be given to moral and social fitness.

The Commission recommends that the State Department of Educa-
tion study and provide a uniform method of appraising teachers entering
a school division on the basis of ability, training, and fitness, and that
this method be uniformly followed in all divisions in the employment of
teachers.

The Commission further recommends that after a‘carefully super-
vised probationary period, the teacher be given a continuing contract
which insures early notification of the teacher and the superintendent of
the intention on the part of either to terminate the contract.

The Commission recommends that the State Department of Educa-
tion take steps to relate the work done for renewal of certificate to the
professional needs of the particular teacher.
S.J.R.6| ACTS OF ASSEMBLY | 103

Therefore, the Commission recommends that the State Department
of Education give continuing study to every important practice that can
be applied on a State and local basis to improve the quality of the teach-
ing, supervisory, and administrative personnel of the public free schools
ot the State and take vigorous action with regard to such phases of the
matter as lie within its jurisdiction. |

The Commission recommends that the State Department of Educa-
tion critically survey the matter of reports and records required by their
offices, and by the local divisions, and eliminate all duplication and un-
necessary work on the part of the teachers. |

~The Commission recommends that the University of Virginia, the
Virginia Polytechnic Institute, and the Virginia State College for Ne-
groes develop at once plans for the training of an adequate supply of
qualified teachers of industrial arts and trade and industrial education for
the high schools of the State. Such a program should be adapted not only
to the immediate needs, but should clearly take into account the increas-
ing demand that wiil arise in connection with the expanding future
development of vocational education in Virginia. |

The Commission wishes to direct attention to the fact that business
administration is a university subject, and recommends that the Univer-
sity of Virginia give careful study to its part in the training of public
school teachers in this field, particularly at the graduate level, and take
appropriate action in that regard. ,

The Commission, therefore, recommends that the State Department
of Education make a thorough study of the situation so as to assure an
adequate and continuing supply of superior teachers in physical and
health education, business education, distributive education, home
economics, schol librarians, and like fields of vocational education.

In order to assure that the child is given thorough training in the
hasic essentials of education, the Commission recommends that the State
Department of Education apply measures, in the form of tests currently
given, which will make certain that the teacher has developed in pupils
such mastery of the basic skills as is consonant with the ability of each
pupil at successive stages of his progress.

As a further step in this direction the Commission recommends that
the State Department of Education increase its effort to familiarize
supervisors and supervising principals with the current studies in child
development and in the most economical and effective way to develop
mastery of the “three r’s’’. |

The Commission considers this matter of curriculum of such great
importance that it recommends the State Board of Education give con-
stant attention to the functioning of the curri¢ulum in the schools of the
State and continue to adjust it soundly to the needs of an advancing civi-
lizaion, Foremost among these needs the Commission would like to stress
thorough groundwork in the traditions and ideals in the American way
of life. In this task it is strongly urged that a larger measure of advice
and cooperation be sought from a‘ representative sample of the informed,
intelligent lay citizenship of the State.
The schools are established -for the purpose of educating youth. The
Commission is convinced that they should religiously stick to their task.
There is here and there over the State criticism that too frequently they
are used to promote, and through the students themselves, propaganda
foreign to the great purpose for which they are established. The Com-
mission recommends that the State Department of Education continuous-
ly strive to keep the schools true to their mission. That policy will, in the
end, make for their best interest.

The Commission wishes to urge and emphasize that the utmost
consideration be given by the administrative authorities and teachers in
every school to assure that the moral] and social atmosphere of the school
and the attitudes engendered in the pupil toward his work and associates
will be such as to develop in him the finest character and integrity, ac-
companied by an unselfish spirit of constructive service to the welfare
of community and State. No curriculum, however carefully planned and
carried out, can be successful without these attributes, and these attri-
butes cannot be inculcated in pupils unless they inhere in those who teach
and administer school affairs.

The Commission endorses the proposal that all of the school divi-
sions of the State operate upon a basis of twelve grades, and recommends
that this goal be achieved as soon as practicable. Such a step will enhance
greatly the thoroughness of the training received by the high school
graduate.

The Commission feels it is highly desirable that a system of guid-
ance be provided throughout the entire school program, both general
and vocational, with adequately prepared personnel and sufficient facil-
ities.

The Commission recommends the development of a broad State-
wide program of vocational education as rapidly as it can be done upon
a thoroughly sound, well-planned basis. In its judgment, the preponder-
ant sentiment of the citizenship of the State is strongly in favor of such a
development

In view of the significant function performed by these libraries, the
Commission recommends that the localities take immediate steps to fur-
nish adequate physical facilities for them in both elementary and sec-
ondary schools.

The Commission recommends, also that the State Board of Educa-
tion explore, with the aid of the State Library Board, the matter of co-
operation between school and public libraries in order that both State
and local authorities may give appropriate direction and supervision to
cooperative efforts in the localities. ,

_ The Commission strongly recommends that the homes of Virginia
give full support to the schools in the work of educating their children.
Such backing of the schools can do as much as any other single factor
to improve the efficiency of public school education throughout the
State; and by precept and example parents can inculcate, in addition to
a desire for knowledge, those prime qualities of a dernocracy such as,
love of home, tolerance, self-reliance, discipline, civic-mindedness, thrift,
integrity, honesty, and respect for person and property without which
book education is a hollow mockery. |

The splendid work of the parent-teacher associations in the various
parts of the State is deserving of highly favorable recognition ; and the
Commission recommends that it be further encouraged and strengthened.

The Commission suggests that the State Board of Education give a
definite and important place on its agenda to the constant study of all
possible practical measures that can be taken to develop at all times the
strongest mutually reinforcing relationship between the home and the
school. |

The Commission recommends that a possibility of State aid for
capital outlays in disadvantaged areas be carefully studied by an appro-
priate agency of the State Government to be designated by the Governor
and a possible plan in this connection be presented to the General Assem-
bly for its careful consideration and action.

SENATE JOINT RESOLUTION NO. 8
Creating a commission to study and report on hospital services for indigent people.

Agreed to by the Senate, March 23, 1945.
Agreed to by the House, March 24, 1945.

Resolved by the Senate, the House of Delegates concurring, That
a commission is hereby created to be composed of eight members, two to
be appointed by the President of the Senate from the membership of that
body, three to be appointed by the Speaker of the House of Delegates
from the membership of that body, two to be appointed by the Governor,
and the Commissioner of Health to serve as an ex-officio member.

It shall be the duty of the Commission to make a thorough study
of the facilities now offered by the State of Virginia for the hospitilization
of indigent people. It shall give careful consideration to the amounts now
being appropriated to the hospitals of the University of Virginia and
the Medical College of Virginia for the care of indigent patients, and
determine if more efficient service could be rendered by making avail-
able to the political subdivisions of the State a sum sufficient to care for
their indigent citizens.

The Commission shall report to the Governor and the General As-
sembly at least thirty days prior to the next regular session of the Gen-
eral Assembly, recommending such changes in existing practices as it
deems necessary to furnish more efficient hospital service to indigent
patients.

The Commission is authorized to employ such secretarial or other
assistance as it deems necessary or advisable to assist it in the perform-
ance of the duties imposed hereunder. The members of the Commission
shall receive their actual expenses incurred in the performance of their
duties hereunder, for the payment of which and for other expenses there
is hereby appropriated a sum sufficient, not exceeding one thousand dol-
lars, to be paid out of the contingent fund of the General Assembly.
Reduction of Taxes by Economy in operation of Federal Government.
Agreed to by the Senate, March 24, 1945.
Agreed to by the House, March 26, 1945.

Whereas, the Federal Government collected in Virginia in income
taxes alone the following amounts:

Year Indwiduals | Corporations
1943, $ 55,660,212 $35,666,247
1944 125,704,106 45,415,223; and

Whereas, for each of these years the general fund revenues in the
State of Virginia amounted to only $42,000,000 ; and

Whereas, recent studies and estimates indicate that within a com-
paratively short time there will be needed in the general fund annually
for meeting the needs of the State of Virginia the sum of $50,000,000 ; and

Whereas, a citizenry already burden with Federal taxes cannot be
expected to submit willingly to the burden of additional taxes imposed
by the State ; now, therefore,

Be it resolved by the Senate of Virginia, the House of Delegates
concurring, that we respectfully request the Senators and members of
the House of Representatives from. Virginia in the Congress at Wash-
ington to use their influence (a) to bring about economy in the operation
of the Federal Government, (b) to effect a reduction in taxes imposed
by the National Congress, (c) to discourage the states in seeking Fed-
eral aid, and (d) to reestablish a system under which the principal taxing
authority shall be in the individual States ; and

Be it further resolved that the Clerk of the Senate transmit copies
of these resolutions to the members of the Congress of the United States
from Virginia.

HOUSE JOINT RESOLUTION NO. 29
On the Death of Colgate W. Darden, Sr.
Agreed to May 14, 1945.

Whereas, the General Assembly.of Virginia has learned with deep
distress of the death on May seventh, nineteen hundred forty-five of
Colgate W. Darden, Sr., father of the Governor of this Commonwealth ;
and

Whereas, in the death of Mr. Darden the County of Southampton
and the Commonwealth of Virginia have lost a beloved citizen who was
an otitstanding farmer and banker in his section of the State, honored
and esteemed by all who knew him; and

Whereas, the members of the General Assembly desire to express
their sympathy to Mr. Darden’s family and especially to Governor Dar-
den in the loss of his father ; now therefore, ,
Be it resolved by the House of Delegates of Virginia, the Senate
concurring, that the General Assembly of Virginia express its sorrow
at the death of Colgate W. Darden, Sr., and extend to Governor Darden
and to the other members of his father’s family sincere sympathy in their
hour of bereavement; and | .

Be it further resolved that the Clerk of the House’ of Delegates
transmit a copy of this resolution to Governor Darden.

HOUSE JOINT RESOLUTION NO. 30

Commending the President of the United States for his actions and pledging the
cooperation of the General Assembly of Virginia in his efforts to hasten victory
in the Pacific and to develop an organization to promote a lasting peace.

Agreed to May 14, 1945.

Resolved by the House of Delegates, the Senate concurring, that
the General Assembly of Virginia hereby commends Harry 5S, Truman,
President of the United States, for the fine beginning which he has made
in handling the many problems confronting this nation, and that the
General Assembly of Virginia pledges its cooperation in his program of
prosecuting the war in the Pacific theater to final and complete victory,
and creating an organization to promote and preserve lasting peace; and

Resolved further that the Clerk of the House of Delegates send a
copy of this resolution to the President of the United States. ,

HOUSE JOINT RESOLUTION NO. 31

Chair of the presiding officer of the Senate given and received in memory of George
Wythe Munford. ) : a
*« Agreed to May 14, 1945.

Resolved by the House of Delegates, the Senate concurring, That
grateful acknowledgment is hereby made in behalf of the Common-
wealth of Virginia to Mrs. William Rhett, now of Columbus, Mississippi,
and Miss Etta Wythe Munford of Richmond, Virginia, for the gift of
the chair, which, according to information from their father, the late
Colonel George Wythe Munford (1803-1882), was used in the State
Capitol as the presiding officer’s chair in the’old Senate Chamber from
about 1830 to 1857, the gift being made and accepted in memory of the
said Colonel George Wythe Munford, who was Clerk of the House of
Delegates, 1825-1853, and Secretary of the Commonwealth, 1853-1865.

And be it further resolved, That an appropriate plate be attached
to the chair for purpose of identification, and that the chair be placed in
the old Senate Chamber. ;
HOUSE JOINT RESOLUTION NO. 32

Directing the Virginia Advisory Legislative Council to study and report on the
advisability of reprinting certain volumes of the Virginia Reports.

Agreed to May 14, 1945.

Resolved by the House of Delegates, the Senate concurring, that
the Virginia Advisory Legislative Council shall make a study and re-
port, to the Governor and General Assembly of Virginia, on the advis-
ability of reprinting any volumes of the Virginia Reports which are out
of print. The report of the Council shall be submitted at least thirty days
prior to the next regular session of the General Assembly and shall in-
clude an estimate of the cost of such printing if the Council decides that
any of such reports should be reprinted. -

HOUSE JOINT RESOLUTION NO. 35
On the death of Franklin Delano Roosevelt, President of the United States of

America.
Agreed to May 16, 1945.

Resolved by the House of Delegates of Virginia, the Senate concur-
ring, that with sorrow there is noted on the Journals of the General As-
sembly of Virginia the death on April 12, 1945, of Franklin Delano
Roosevelt, President of the United States of America.

With indomitable will and courage he led our nation out of the
morass of the great depression; with patience and foresight he prepared
our people for the inevitable struggle with the enemies of freedom; with
resolution and skill he served as Commander in Chief in the trying time
of war; and then, on the threshold of victory by our armed forces, and
almost on the eve of the convening of the San Francisco Conference for
the establishment of a new world order in the family of nations, he was
suddenly called from his earthly labors.

In his death the world sustained the loss of its first citizen, and the
little man and the little nation their greatest champion and friend.

As a further mark of respect to his memory it is directed that a
copy of this resolution be sent to his widow.

HOUSE JOINT RESOLUTION NO. 37

Directing the Virginia Advisory Legislative Council to make a study and report on
the problem of the prevention and control of tuberculosis in Virginia.

Agreed to May 16, 1945.
Whereas, the prevalence of tuberculosis in the State of Virginia,

due in part at least to the failure of existing facilities and methods of
prevention and control, makes it advisable that the whole problem be
given further study before any substantial changes are made in such fa-
cilities and methods; Now therefore,

Be it resolved by the House of Delegates of Virginia, the Senate con-
curring, as follows: |

Section 1. The Virginia Advisory Legislative Council is autho-
rized and directed to make a thorough investigation and study of the
problem of the prevention and control of tuberculosis in the State of Vir-
ginia, and the contribution which the State and its political subdivisions
should make to the solution of this problem, giving particular attention
to the adequacy of existing law with respect to isolation and quarantine.
In its study the Council shall avail itself of the assistance of the Depart-
ment of Health, and of any Federal, State or local agency or private
organization concerned with the problem.

Section 2. The Council shall submit to the Governor and the Gen-
eral Assembly at least sixty days prior to the next regular session of the
General Assembly a report of its findings and recommendations, together
with any proposed legislation necessary to carry such recommendations
into effect. }
CONSTITUTIONAL CONVENTION OF VIRGINIA, WHICH CONVENED IN
THE OLD HALL oF THE House oF DELEGATES, IN THE CAPITOL AT
RICHMOND, VIRGINIA, ON THE THIrTIETH Day oF ApRIL, NINETEEN
HuNprRED Forty-FIve.

AN ORDINANCE

To ordain and proclaim as a revision and amendment of certain portions
of the Constitution of Virginia a new article designated as Article
XVII. ,

Ordained May 2, 1945

Be it ordained by the Constitutional Convention of Virginia con-
vened and assembled pursuant to the provision of Chapter 1 of the Extra
Session of the General Assembly of Virginia, approved March 26, 1945,
that the following revision and amendment of the Constitution of Vir-
ginia be, and it is hereby, proclaimed, established, ordained and declared
to be on and after the third day of May, 1945, a permanent part of the
said Constitution of Virginia. Said revision and amendment is designated
‘Article XVIT and consists of three sections, and is in the following words
and figures:

“ARTICLE XVII.

Section 1. CERTAIN MEMBERS OF ARMED FORCES EXEMPT
FROM PAYMENT OF POLL TAX AND FROM REGISTERING AS CON-
DITION OF RIGHT TO VOTE—No member of the armed forces of the United
States, while in active service in time of war, shall be required to pay a poll tax or to
register as a prerequisite to the right to vote in any and all elections, including
legalized primary elections.

Section 2, RELIEF FROM THE ASSESSMENT AND PAYMENT OF
POLL TAXES AS AFFECTING THE ARMED FORCES IN CERTAIN
CASES.—AIl poll taxes for the years 1942, 1943, and 1944, assessed or assessable
against any person who is, or who at any time during the existing World War II
has been, a member of the armed forces of the United States in active service, are
hereby canceled and annulled.

And, also, all poll taxes assessed or otherwise assessable for every year during
any part of which such person is a member of said forces in active service during
said war or any future war, and, also, for the three years next preceding such per-
son’s discharge from said active service, provided such discharge is not dishonor-
able, although such person was not in said service during all of said years, are
hereby canceled and annulled. Members of the armed forces of the United States
in active service in time of war shall be exempt from future assessments of poll
taxes by this State for all years during a part of which they are hereafter engaged
in such service.

Section 3. VOTING BY PERSONS EXEMPT FROM REGISTERING
OR PAYING POLL TAXES.—Notwithstanding any other provision of this Con-
stitution or of any law, every citizen of the United States, otherwise qualified to vote
in this State, who is exempted from the payment of poll taxes by the provisions of
this Article, shall be entitled to vote in any and all elections, including legalized
primary elections, in person or by such absentee voting procedure as may be auth-
orized by law, provided such citizen shall have registered or is exempted from
registering by the provisions of this Article.”
SUPP. | ACTS OF ASSEMBLY 111

Be it further ordained that the Secretary of this Convention be, and he is here-
by, directed to enroll this ordinance in appropriate typewriting, in duplicate, and cer-
tify a copy thereof to the Governor of Virginia for transmission to the General As-
sembly at its next session. The said certificate shall be in duplicate and signed on be-
half of the Convention by the President and Secretary. Suitable space shall be pro-
vided for the signing of said certificate by all the members of the Convention who
desire to sign the same. The other copy of this ordinance shall be certified by the
Secretary to the Keeper of the Rolls for preservation in the Same manner as acts of
the General Assembly are preserved, and for publication in a newspaper of general
circulation in the city of Richmond, Virginia.

Be it further ordained that copies of the revision and amendment hereby or-
dained or copies of this ordinance printed under the supervision of the Secretary of
the Convention, and copies thereof certified by the Secretary of the Commonwealth
shall be received as evidence by the courts of the Commonwealth, and the Genera!
Assembly may provide other methods of proof of such amendment to the Consti-
tution.

So soon as this ordinance shall be enrolled, the same shall be signed by the
President and attested by the Secretary of the Convention.

Attested :

E. GRIFFITH DODSON J. SINCLAIR BROWN
Secretary of the Convention : President of the Convention.

Volume 1945es Law 44

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

Law Body