CHAP. 289.—An ACT for the protection of game in the county of
x.

Approved February 18, 1890.

1. Be it enacted by the general assembly of Virginia,
That it shall not be lawful for any person to kill or capture
partridges or wild turkeys in the county of Essex between
the first day of February and the first day of November of
each year, nor shall it be lawful to kill or capture deer in
the county of Essex between the first day of February and
the fifteenth day of August of each year.

2. Any person violating this act shall be punished as
provided in section two thousand and eighty of the code
of Virginia of eighteen hundred and eighty-seven.

3. All acts inconsistent with this act are hereby repealed.

4, This act shall be in force from its passage.

CxHapP. 290.—An ACT to amend and re-enact an act entitled an
act to incorporate the Mount Vernon Avenue association, ap-
proved February 18, 1888.

Approved February 18, 1890.

1. Be it enacted by the general assembly of Virginia,
That an act entitled an act to incorporate the Mount Ver-
non avenue association, approved February eighteenth,
eighteen hundred and eighty-eight, be amended and re-
enacted as follows: That E. E. Downham, E. W. Fox, M.
B. Harlow, Frank A. Reed, Jackson E. Sickles, N. W.
Pearson, Stacy Snowden, J. T. Beckham, W. E. Clarke, F.
R. Windsor, Park Agnew, Frank Hume, Warrington Gil-
lingham, H. A. Willard, G. Wythe Cooke, D. A. Windsor,
Robert Portner, Walter Walton, H. H. Wells, L. L. Blake,
Eppa Hunton, Francis Hufty, J. Norman Gibbs, James
M. Lore, James W. Roberts, and James R. Caton, are
hereby made and constituted a body politic and corrorate,
under the name and style of the Mount Vernon avenue
association, by which name the said corporation shall be
known, and under which it may sue and he sued, plead
and be impleaded, contract and be contracted with, and
have perpetual succession, and shall have and possess all
the powers of corporate bodies under the laws of the state
of Virginia.

2. The incorporators herein named and their associates
and successors shall constitute a board of trustees for the
management of the business and affairs of the said cor-

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poration, and the officers of the said corporation who shall
likewise be the officers of the said board of trustees shall
be a president, as many vice-presidents as the by-laws
shall require, a secretary and treasurer, all of whom shall
be elected by the said board of trustees, and the said board
of trustees shall have power to increase their number, fill
vacancies occurring in the board by death, resignation
or otherwise, and to adopt by-laws, rules and regulations
with reference to the removal of trustees and for the gov-
ernment of the said corporation and board of trustees, not
inconsistent with the laws of Virginia and of the United
States. A majority of the said incorporators shall be a
sufficient number to organize and act under the powers
hereby conferred. Anda majority of the board of trustees
shall always be a sufficient number for the transaction of
any business whatever.

3. The said corporation shall have power to acquire the
right of way by condemnation, donation or purchase, for a
public highway or avenue, and to construct, maintain and
operate a public highway or avenue, not exceeding two
hundred and fifty feet in width, from some point south of
the aqueduct bridge, on the northern boundary of the gov-
ernment park reservation or cemetery, known as Arling-
ton, on the Potomac river; thence through the county of
Alexandria, passing by way of or near the city of Alexan-
dria, on a line not east of Washington street in said city and
not exceeding one mile west of the said street, and thence
through the county of Fairfax to the grounds enclosing
the tomb of George Washington, known as Mount Vernon,
over the most practicable route to be selected by the trus-
tees of the said corporation, and to keep the said public
highway or avenue in repair and to beautify and adorn
the same.

4. The said corporation, its successors or assigns, are
required to commence the construction of the said public
highway or avenue within ten years from the passage of
this act.

5. The said corporation shall have power to receive sub-
scriptions, contributions or aid from the United States,
the state of Virginia, or any state or territory of the United
States, or any county, corporation, person or municipality
thereof, to promote the objects of the said corporation, and
power also, should the United States undertake to con-
struct, maintain and operate said public highway or ave-
nue, to grant, convey and release any and all rights, privi-
leges, powers and authority possessed in the said corpora-
tion under this act to construct, operate and maintain the
said public highway or avenue to the United States, which
grant, conveyance and release, when executed to the United
States, shall not be taken to work a forfeiture, or held to
be a surrender to the state, of the rights granted to the saic
eorporation by this act. But the true purpose, intent and
meaning of such grant, conveyance and release to the
United States, shall be to pass and convey all the rights,
powers and privileges granted the said corporation by
this act.

6. Whatever is received by the association from any
source, shall, without compensation ‘to the trustees herein
provided for, be expended to open, construct, build, keep
in repair and beautify the said avenue, and for such other
charges as the said trustees may approve and determine.

7. The city of Alexandria is hereby authorized to aid in
the construction of said avenue in the city of Alexandria,
to the amount of twenty-five thousand dollars, to be paid
either in cash or in the bonds of said city, as the city of
Alexandria shall elect. ;

8. The counties of Alexandria and Fairfax are hereby
and each of them is authorized to aid in the construction
of said avenue, by issuing their respective bonds, not ex-
ceeding two thousand dollars for each county per mile of
said avenue, or by contributing the same amount in cash.

9. The said corporation shall have power to condemn
land, as the power to condemn for public use is now de-
fined and exercised for public purposes under and by virtue
of the general laws of the state of Virginia, and in exer-
cising said power in condemning lands for said avenue
and highway, advantages and benefits accruing to the
owner of adjoining lands, whose land is condemned for
said avenue and highway by virtue of the increase in value
of said adjoining lands, shall be considered and deducted
from any damage which said party may sustain by virtue
of the condemnation proceedings herein contemplated for
the purpose of establishing said avenue or highway.

10. Said trustees are hereby authorized to permit under
restrictions, regulations, conditions and terms as said
trustees, or a quorum thereof, deem advisable, such means
for carrying passengers over said avenues as will not dis-
turb the enjoyment of said avenue by ordinary private
vehicles and carriages and private means of travel: pro-
vided, steam shall not be used as a motive power for carry-
ing passengers.

11. This association shall have jurisdiction and au-
thority to keep the peace on and over the said avenue and
power to appoint special policemen, with the advice and
consent of the judge of the county or corporation courts
in whose jurisdiction they shall be employed, and said
policemen shall have and exercise the same powers now or
hereafter conferred upon constables and municipal officers
conferred by the laws of the commonwealth of Virginia.

12. The principal office of this association shall be in
the city of Alexandria, and its annual meetings shall be
held in said city on the last Tuesday in the month of May
in each year.

13. All taxes, dues or demands due the state, or to become
due by this company to the state of Virginia, shall be paid
in lawful currency of the United States and not in cou-
pons.

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