CHAP. 45.—An ACT to amend and re-enact section 3 of an act ap-
proved March 5, 1888, entitled an act providing for the sub-divi-
sion of tracts of lands into lots or parcels, and for the record of
plata thereof.

Approved February 6, 1590.

1. Be it enacted by the general assembly of Virginia,
That section three of an act approved March fifth, eigh-
teen hundred and eighty-eight, entitled an act providing
for the sub-division of tracts of lands into lots or parcels,
and for the record of plats thereof, be amended and re-
enacted so as to read as follows:

§3. The acknowledgment and recording of such plat
shall operate to create a public easement or right of pass-
age over such portion of the premises platted as is on such
plat set apart for streets or other public use, and shall be
equivalent to a deed in fee simple to such portion thereof
as is therein dedicated to charitable, religious, or educa-
tional purposes: provided, that nothing herein contained
shall prevent the persons who set apart such lands for
streeta and alleys, their heirs and assigns, where otherwise
they have the right and power to erect, put down, and
maintain gas, water, and electric works, pipes, wires, and
fixtures, to erect, put down, and maintain the same along
or under the portions so set apart: provided, however, that
they shall not obstruct or hinder passage over such streets
or alleys further than ig reasonably necessary while lay-
ing down, erecting, or repairing such works, pipes, wires,
and fixtures.

2. This act shall be in force from its passage.
CHapP. 46.—An ACT to amend and re-enact section 3484 of chap-
ter 170, code of Virginia, 1887, in relation to granting new trials

Approved February 7, 1890.

1. Be it enacted by the general assembly of Virginia,
That section three thousand four hundred and eighty-four
of chapter one hundred and seventy, code of Virginia of
eighteen hundred and eighty-seven, be amended and re-
enacted so as to read as follows:

83484. When a case at law, civil or criminal, is tried by
a jury and a party excepts to the judgment or action of
the court in granting or refusing to grant a new trial on a
motion to set aside the verdict of a jury on the ground
that it is contrary to the evidence, or when a case at law
is decided by a court or judge without the intervention of
a jury, and a party excepts to the decision on the ground
that it is contrary to the evidence, and the evidence (not
the facts) is certified, the rule of decision in the appellate
court, in considering the evidence in the case shall be as
on a demurrer to the evidence by the appellant, except
when there have been two trials in the lower court, in
which case the rule of decision shall be for the appellate
court to look first to the proceedings on the first trial,
and if it discovers that the court erred in setting aside
the verdict on that trial it sha!l set aside and annul all
proceedings subsequent to said verdict, and enter judg-
ment thereon.

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

CHAP. 47 —An ACT to amend and re-enact section 2481, chapter
110, of the code of Virginia, 1887, in relation to limitation of liens.

Approved February 7, 1890.

1. Be it enacted by the general assembly of Virginia,
That section twenty-four hundred and eighty-one, chapter
one hundred and ten of the code of eighteen hundred
and eighty-seven, be amended and re-enacted so as to
read as follows:

§2481. Limitation of lien.—No suit to enforce any lien
perfected under the six preceding sections of this chapter
shall be brought after six months from the time when the
whole amount covered by such lien has become payable.

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