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 | 1889/1890 Private Laws |
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Law Number | 584 |
Subjects |
Law Body
Chap. 584.—An ACT to allow the Norfolk marl and phosphate
company to erect a wharf on James river.
Approved March 4, 1890.
1. Be it enacted by the general assembly of Virginia,
That the Norfolk marl and phosphate company be, and
are hereby, authorized to erect at Tar bay, on the south
side of James river, nearly opposite Harrison landing, @
wharf, and be subject to all the laws of Virginia governing
all wharves erected in the waters of the commonwealth.
2. This act shall be in force from its passage.
CHAP. 585 —An ACT to amend section 2038 of the code in regard
to the fence law, so far as it concerns Orange county.
Approved March 4, 1890.
1. Be it enacted by the general assembly of Virginia,
That section 2038 of the code of Virginia of eighteen hun-
dred and eighty-seven be, and the same is hereby, amended
and re-enacted so as to read as follows:
_ 2. Every fence four feet six inches high, which, if the
fence be on a mound, shall include the mound to the bot-
tom of the ditch, made with eight rails, four plank, or four
strands of wire to the pannel, shall be deemed a lawful
fence as to any of the stock named in section twenty hun-
dred and forty-two.
3. This act shall apply only to Orange county.
4. This act shall be in force from its passage.
CHAP. 586 —An ACT to authorize district and county school
boards of Prince William, Page, and Fluvanna counties to
compensate schoo} trustees other than clerks of district school
oards.
Approved March 4, 1890.
1. Be it enacted by the general assembly of Virginia,
That the district school boards of the counties of Prince
William, Page, and Fluvanna may, in their discretion,
compensate the school trustees of their respective dis-
tricts, other than the clerks of district school boards, at
the rate of one dollar per day for services rendered within
their districts, payable from the district school fund: pro-
vided, that no trustee as aforesaid shall receive more than
six dollars in one year for services rendered on district
account.
2. That county school boards of said counties may, in
their discretion, compensate school trustees, other than
clerks of district boards at the rate of two dollars per day
for actual attendance on meetings of county school board
payable from the county school fund: provided, that no
trustee as aforesaid shall receive more than four dollars
in one year for service rendered on county school board.
3. This act shall be in force from its passage.
CHAP, 587.—An ACT to incorporate the Alexandria Safety De
posit, Security, and [nsurance company.
Approved March 4, 1890.
1. Be it enacted by the general assembly of Virginia
That F. A. Reed, Michael B. Harlow, Archibald Greenlees.
Park Agnew, James R. Caton, James M. Love, J. S. Law.
rence, and P. W. Richardson, and their associates and suc-
cessors, shall be, and are hereby, made and created a body
corporate and politic, by the name of the “ Alexandria
safety deposit, security, and insurance company,” and by
that name shall! have perpetual succession, and may con.
tract and be contracted with, sue and be sued, plead and
be impleaded, and have and exercise all the powers here.
inafter given, and such other powers aa are usually given
to, and exercised by, like corporations, and may have and
use a common seal, and alter the same at pleasure.
2. The capital stock of the said corporation shall consist
of one thousand shares of the par value of fifty dollars
each, with the privilege to increase the same, by a vote of
the stockholders (those holding two-thirds of all the capi-
tal stock assenting thereto) at an annual or special meet-
ing, to any sum not exceeding one million dollars. The
corporators, or a majority of them, named in the first sec-
tion of this act, shall have power to open books for sub-
scriptions at such times and places as they may deem
expedient; and when not less than one thousand shares
shall have been subscribed, the shareholders may elect a
board of not less than seven directors, which number may
at any time be increased, by a vote of the stockholders
owning two-thirds in value of the stock, to any number
not exceeding fifteen. The directors shall serve until the
next annual election, or until their successors shal] be
duly elected and qualified; and the directors so elected
by the said company, when it shall have been organized,
may, and they are hereby authorized and empowered to
have and to exercise, in the name and in behalf of the
said company, all the rights and privileges which are pos-
sessed by the said corporation.
38. The annual meetings of the stockholders of the said
company shall be held at such time as the by-laws may
prescribe, and at all meetings of the stockholders,
whether annual or special, those owning at least one-half
in value of the capital stock of said corporation shall
constitute a quorum.
4. The principal office of the said corporation shall be
at Alexandria, Virginia.
5. The board of directors of the said corporation shall
be elected annually by the stockholders, and the directors
shall elect from their number, at the first meeting of the
board after their election, a president, vice-president, sec-.
retary, and treasurer, who shall hold their offices for one
year, and until their successors are qualified, and may
appoint such other officers, attorneys, clerks, agents, and
employees as the business of the company requires.
6. The board of directors shall make all by-laws and
rules necessary for managing the affairs of said corpora-
tion and for conducting its business, and the directors
shall have power to require payment of the amount sub-
scribed to the stock of said corporation at such times and
in such proportions as they may think proper, and shall
have power also to take and require of the subscribers to
the stock of said corporation, notes, bonds, and other
obligations, with security, to be approved by the directors
for the amount of the unpaid assessments upon their sub-
scriptions to the capital stock of said corporation.
7. The said corporation is authorized and empowered to
purchase, erect, or lease a building or premises, and to
place therein a strong and commodious safety-vault or
safe containing small compartments or boxes, designed
and adapted for renting to persons or corporations who
desire to have a place of safe deposit for bonds and valu-
ables of every description, and to rent out the said com-
partments or boxes for such sums of money and for such
time as may be agreed upon.
8. The said corporation is hereby authorized and empow-
ered to receive money on deposit, and to allow and pay
interest on the same, and to loan money upon real estate
or other security at the legal rate of interest, and to do
and carry on a general banking business, and to receive
for safe-keeping bonds and valuables of every kind; to
guarantee special deposits, to insure and become security
for the fidelity of persons holding places of responsibility,
agents, and employees, to insure and guarantee titles to
land; to make insurance against all kinds of marine
risks, against loss by fire, or other liability, casualty, or
hazard incident to any and every description of property,
whether real, personal, or mixed; -to make insurance on
the lives of persons; to grant annuities; to receive endow-
ments; to contract for reversionary payments; to dis-
count apd guarantee the payment of promissory notes,
bills of exchange, or other evidences of debt, and nothing
herein contained shall authorize this company to become
surety on any bond required by any statute to be taken or
executed.
9. The said corporation is authorized and empowered to
take, have, hold, and enjoy all such estates, real, personal,
or mixed, as may be obtained by the investment of its
capital, and the same to sell, grant, mortgage, lease, and
dispose of at pleasure, and to execute and deliver all
deeds and other instruments of writing concerning the
same.
10. The said corporation may, when any subscriber to
its capital stock shall fail to pay any portion or the whole
of the sum due upon the stock subscribed for, within thirty
days after demand made therefor by the board of directors,
recover the same against such subscriber and his surety, by
motion, upon ten days’ notice in the circuit or corporation
court of the city of Alexandria and the sergeant of any
city, or the sheriff of any county, may serve the notice of
the said motion upon such subscriber or his surety in any
city or county in which either may reside, or in which
they may be found, and in case of a non-resident, by pub-
lication of said notice for ten days in some newspaper
published in the city of Alexandria, Virginia, and upon
the return of any execution issued upon the judgment ob-
tained as aforesaid unsatisfied, in whole or in part, every
share of stock held by such delinquent, and all the moneys
which may have been paid thereon; or profits which may
have arisen thereon, shall be forfeited to the use of the
said corporation, and the holder or holders of such share
or shares shall moreover be liable for the remaining sums
due and payable upon the said shares whenever the same
shall be called for by the board of directors, the same to
he recovered as hereinbefore provided.
11. The said corporation may declare and pay semi-
annual dividends from its net earnings, but before declar-
ing any dividends it shall reserve from the said net earn-
ings not less than twenty per centum of the same and shall
continue to do so until the amount thus reserved shall
equal one hundred per centum of the paid-up capital
stock.
12. This act shall be in force from its passage.
CHAP, 588—An ACT to allow the city of Fredericksburg to sup-
ply gas for the use of said city, and to issue bonds of the city to
effect said purpose.
Approved March 4, 1890.
1. Be it enacted by the general assembly of Virginia,
That it shall be lawful for the city of Fredericksburg to
provide for supplying said city and the inhabitants there-
of with a suitable and adequate supply of gas, by leasing
or by the purchase and enlargement or improvement of
suitable gas works, or the erection of new gas works, for
supplying the city and its inhabitants with gas, and to
that end to borrow money and to issue and negotiate bonds
of said city for the same to the extent of twenty-five
thousand dollars.
2. Said bonds shall be known and designated as Fred-
ericksburg gas bonds; they shall be registered or coupon
bonds, as may be determined by the common council of
said city; shall be issued in such denominations and bear
such rate of interest not exceeding six per centum per
annum, as may be determined by said council. The prin-
cipal of said bonds shall be payable thirty years after the
first day of January, eighteen hundred and ninety, or
upon the call of said council at any time after ten years
from said date; said bonds shall bear the corporate seal
of said city, shall be signed by the mayor thereof, and
countersigned by the clerk of said council, and shall have
printed on the face or back thereof the statement that
they were issued pursuant to the provisions of this act,
and the ratification by the voters of said city as pre-
scribed herein. They shall be negotiated or sold in such
manner as may be prescribed by said council, and they
may be so negotiated or sold at not less than par: pro-
vided, that only so much money shall be borrowed here-
under, and such amount of said bonds issued therefor as
may be necessary for the purposes herein declared; and
no money shal] be borrowed, nor any of said bonds issued
therefor unless and until a plan or scheme for supplying
said city with gas shall be agreed upon and adopted by
the council thereof, and vatified by the vote of the quali-
fied voters of said city, as hereinafter provided.
3. The control and management of said gas works shall
be under the direction of said council, to be exercised by
itself or through such committees or agencies as it may
adopt; and said council shall prescribe and regulate the
rates of charges to be paid for the use of gas furnished by
the city; may impose fines and penalties for the injury or
abuse of said works, or property connected therewith, or
for the abuse or waste of the gas or lights furnished by
the city, and may enforce and collect such fines and penal-
ties and the charge for gas by distress or otherwise, as said
council may determine.
4. The revenues derived from the charges for gas and
the fines and penalties collected pursuant to the third sec-
tion thereof, shall, after paying the running expenses of
said works, be appropriated towards the payment—first,
of interest on the bonds herein authorized to be issued;
next, to provide a sinking fund for the liquidation of said
bonds, and then to such objects as the council may deter-
mine. But to provide for keeping up and running said
works, and the payment of the interest and principal of
said bonds, said council shall, in aid and supplement of
said revenues, levy and collect taxes on any or all subjects
which it is now or may hereafter be authorized to tax; and
said council may also secure the payment of the principal
and interest of said bonds by a mortgage or deed of trust
upon all the works, rights, and properties which may be
erected, built, or acquired under this act. The sinking
fund to be provided for the liquidation of said bonds shall
not be less than one per centum per annum upon the
amount of bonda outstanding.
5. For the purpose of erecting, building, enlarging. or
improving gas works as aforesaid, and laving pipes there-
from, said city may acquire, by purchase or otherwise, and
hold such real and personal property within or wifhout
said city as may be necessary therefor, and may have such
lands within or without said city necessary for such pur-
poses condemned by proceedings before the proper tribu-
nal having jurisdiction over the same in the manner pre-
scribed by the general laws of the state for condemning
lands for other works of internal improvement.
After said council shall have matured and adopted a
plan or scheme for supplying said city with gas as afore-
said, it shall submit such plan or scheme to the qualified
voters of said city at such time and in such manner as
said council may prescribe, consistent with this act, for
their ratification or rejection; at least ten days’ notice of
the time and manner of such election shall be given by
publication in newspapers published in said city and by
hand-bills posted therein; and the result thereof shall be
ascertained and declared in the manner prescribed by eaid
council, and shall be proclaimed by the mayor by publi-
cation. If at such election one-half of the qualified
voters of said city, who shall vote on said plan or scheme
embracing a majority of the freeholders of said city
voting thereon, shall appear to be in favor of said plan or
scheme it shall be declared ratified, or otherwise it shal!
be declared rejected and this act shall be void, and such
vote shall be taken within three vears from the date of
the approval of this act and not thereafter.
7. This act shall be in force from its passage.
Chap. 5889 —An ACT to provide for the working and Keeping in
order the reada in the county of Bedford.
Approved March 4. IS.
1. Re it enacted by the general assembly of Virginia,
That on and atter the first dav of July. eighteen hundred
and opineiy, to shall be Iswful for the county of Bedford
rOoWarTk at Xeep in repair hizshways. rasds. acd bridges,
as follows: The toard of s apervisors of ssid county shall
° a ‘ = « ee 5 % }. ya = :
rane wbarc of and have wors-d and kept in mnair all
mo oe tess aud bridaes heretotom and hereafter stab
DSie doar for this purpease am sutherizead and <nipowerd
to levy a road tax, not exceeding in any one year twenty
cents upon the one hundred dollars of assessed value
(taxable) in said county, and to adopt such regulations
as may be necessary to secure the proper working of said
roads in said county.
2. The said board of supervisors shall annually, at a meet-
ing to be held on the fourth Monday in June, let to con-
tract to the lowest suitable bidder, the work of keeping in
repair such roads and bridges in their county as in their
judgment should be put to contract, notices of which let-
tings shall be posted for ten days prior to the day of let-
ting at each post-office, and otherwise published at the
discretion of the board of supervisors. The said lettings
shall be for the year ending on the first day of July in
each year. Said bids shall be in writing, signed by the
contractor, and delivered to the clerk of the board of su-
pervisors for examination and approval or rejection by
said board at their said annual meeting. Each contractor
shall be required to give bond, with good security, in a
penalty of at least double the amount of his bid for the
faithful performance of his contract, which bond shall be
filed with the clerk of the board of supervisors. A re-
covery may be had for any breach of said contract, in the
name of the county, for the benefit of the road fund, in
the county court, by motion, after ten days’ notice to the
contractor and his security or securities.
3. It shall be the duty of the supervisors of each of the
magisterial districts to give personal supervision to all the
roads and bridges in their respective districts, and to see
that the roads worked by contract or otherwise are pro-
perly worked, and where there is violation of any of said
contracts by contractors he shall at once institute, through
the prosecuting attorney, proceedings for the recovery of
damages for any breach of said contract. The said super-
visors shall each receive a compensation not exceeding
three dollars a day for every day actually employed, but
in no case shall their compensation exceed the sum of
thirty dollars each per year, to be paid by the county.
4. The board of supervisors shall provide for the pay-
ment of all costs which may be incurred in keeping the
public roads in order, and for altering the same and for
opening new roads, including land damages, and for repair-
ing and building bridges, to be levied, collected, and paid
out according to provisions of law.
5. No member of the board of supervisors shall be
directly or indirectly interested in any contract made
under this act. Any participation therein by either shall,
under this contract, be null and void. No appropriation
by the county court for roads or bridges in excess of
thirty dollars shall be binding on the county or paid
unless and until same shall have been submitted to and
approved by the board of supervisors.
6. All levies made under this act shall be extended by
the commissioners of the revenue upon their book, separ-
ate and apart from other levies, and are only to be ex-
pended in the districts in which they are assessed, and
they shall be collected and accounted for by the county
treasurer as a special road fund, and shall be paid out on
the order of the board of supervisors.
7. All male persons in each district of this county shall
he compelled to work on some public road two days in each
year therein as near as may be to the place of their resi-
dence with the following exceptions, namely: ministers of
the gospel actually in charge of a congregation, persons
under sixteen years, persons who reside in a town that
keeps ifs streets in order, and any person who has lost
a leg or an arm. Any person who is otherwise disabled
may be exempted by the county court.
8. Each contractor shall be entitled to the services for
not more than two days in any one year of all persons
liable to service nearest adjacent to the road for which he
has contracted; and any person for failure to attend and
work the roads on such days as the contractor may direct,
shall pay to the contractor seventy-five cents for every
day in which there may be such failure. If the money be
not paid to the contractor within thirty days, he shall
make out a ticket against such delinquent for the amount
of such fine, and place the same in the hands of the con-
stable of his district, who is hereby required to receive
the same for collection and take a receipt of the officer
for the same. The officer having charge of the collections
-of such fines shall distrain therefor in the same manner
as for taxes and county levies, and may sell any property
distrained after ten days’ notice. Such officers shall have
a fee of twenty-five cents in all cases where the money
shall have been collected by him, to be paid by the party
in addition to the fines. He shall pay over to the con-
tractor all such fines within sixty days after they come
into his hands, or return the same to the contractor as
insolvent when the fine cannot be collected by levy. If
the officer shall fail to make payment of the fines, or re-
turn the same insolvent within thirty days from the date
he receives it, he and his sureties on his official bond
shall be liable for such fines, whether collected by him or
not, to be recovered by the contractor upon motion.
9. Provided that nothing herein contained shall be so
construed as to relieve any road overseer from any duty
or liability as such until his road precinct shall have been
let to contract according to law, and that after such let-
ting all roads not put to contract shall be worked by over-
seers under the present system, subject, however, to the
provisions of section seven of this act: and further, after
said overseer shall have worked each hand of his precinct
the two days required by this act, and where there was a
failure on the part of any hand to so work after being duly
notified, and where said overseer has performed his duty
by placing the ticket required by section eight of this act
in the hands of the proper officer, he shall then be author-
ized to hire hands enough to enable him to put his precinct
in proper repair, at the price of seventy-five cents per day
of ten hours actual work.
SCHEDULE.
10. Ten hours actual work shall be required on the
roads under this act. For every day’s work each two-
horse or ox-team shall receive one dollar and fifty cents
per day; one-horse team one dollar per day, with wagon
or plow included; if driver is furnished, fifty cents shall
be added for two-horse teams and twenty-five cents for one-
horse team. Fifty cents per hundred shall be paid for
poles, and none shall be’ purchased by overseers of a less
diameter than three inches at the small end.
11. Such provisions of the general road law of the state
as do not conflict with this act shall continue in force in
the county named herein.
12. This act shall be in force in said county of Bedford
upon being adopted by the board of supervisors of said
county, which said board is hereby empowered to do.