Chap. 173.—An ACT to provide a new charter for the town of Emporia.
Approved Jannary 31, 1893.

1. Beit enacted by the general assembly of Virginia, That chapter
three hundred and thirty three, acts of assembly cighteen hundred and
hinety-one and eighteen hundred and ninety- two, and approved Feb-
ruary twentieth, eighteen hundred and ninety-two, entitled an act to in-
corporate the town of Emporia, in Greenesville county, be amended and
re-enacted to read as follows:

2. That the town of Emporia, in the county of Greenesville, as the
same heretofore has been, or may hereafter be, laid off in lots, streets,
and allevs shall be made a town corporate by the name of Emporia, and
by that name shall have and exercise ‘all the powers conferred upon
towns by and be subject to the provisions of the forty-fourth chapter of
the code of Virginia of eighteen hundred and eighty-seven, and all laws
now in force or that hereafter may be enac ted for the government of
towns of less than five thousand inhabitants, so far as the same are not
inconsistent with the provisions of this act.

3. Boundaries. —The boundaries of said town shall be as follows:
Beginning at a point on the Petersburg railroad one hundred yards north
from its intersection with the Atlantic and Danville railroad; thence
north, fifty-four and one-half degrees west, cight hundred yards; thence
south, thirty-five and one-half degrees west, tW enty-four hundred yards;
thence south, fifty-four and one-half degrees east, thirteen hundred
vards; thence north, thirty-five and one-half degrees east, twenty-four
hundred yards; thence north, fifty-four and one- -half degrees west, five
hundred yards to the P ctersburg railroad to point of beginning.

4. The administration and vovernment of said town” shall be vested
In one principal officer to be stvled the mayor; one board, to be called
the council of the town of Emporia, and such other boards and
officers as are hereinafter mentioned or may be provided by the council.

The municipal officers of said town shall consist of a mayor, nine
councilmen, a treasurer, a clerk of the board, a sergeant, and a deputy-
sergeant.

6. The following named persons, who now fill the following offices,
shall continue in office until the first day of July, eighteen hundred and.
ninety-eight, and afterwards until their successors are elected and quali-
fied, namely:

J. H. Person, mayor; FE. C. Tredway, J. R. Jones, G. B. Wood,
Charles F. Lifsey. G. H. Bailey, J. EK. Everett, Charles Baker, W. G-.
Niblett, and W. R. Cato, councilmen; EK. C. Tredway, treasurer; G. B.
Wood, clerk of council; S. D. Goodwyn, sergeant; , dep-
uty-sergeant.

TJ
And they are hereby clothed with all the powers and shall be subject
to all the provisions appertaining to their respective offices herein pre-
scribed or otherwise provided by law.

7. An election of the municipal officers mentioned in section five of
this act, except the treasurer, clerk of the council, sergeant and deputy
sergeant, shall be held on the fourth Thursday in May, eighteen hundred
and ninety-eight, and on the fourth Thursday in May every second year
thereafter. The treasurer, clerk of the council, sergeant and deputy
sergeant shall be elected by the council, and shall hold office during the
term of office of said council and afterwards until their successors are
elected and qualified.

Said election shall be held and conducted as provided in sections ten
hundred and twenty-two, ten hundred and twenty-three, ten hundred
and twenty-four, ten hundred and twenty-five, ten hundred and twenty-
six and ten hundred and twenty-seven, code of Virginia, eighteen hun-
dred and eighty-seven. When two or more persons are to be elected to
the same office, the several persons of the number required having the
highest number of votes shall be declared elected. Whenever a majority
of the members of the council have qualified they shall enter upon their
said offices and shall supersede the former council.

8. The mayor and all other municipal officers of said town, before
entering upon the duties of their respective offices, shall be sworn in ac-
cordance with the laws of the state by any one authorized to administer
oaths under the laws of the state. If any person elected to any oflice
in said town shall neglect to take such oath on or before the day on
which he is to enter upon the discharge of the duties of his office, or
shall for twenty days after the beginning of his term of office fail to give
such security as may be required of him by the council, he shall be con-
sidered as having declined his office, and the same shall be declared
vacant, and such vacancy shall be filled by the council.

9. The mayor shall be ex-officio president of the council, and shall
preside at all the meetings when present, and when they are equally
divided give the deciding vote. He shall take care that the ordinances,
resolutions and by-laws of the town council are faithfully executed. He
shall be invested with all the powers of a justice of the peace and shall
be subject to all the laws now in force governing their conduct. He
shall have exclusive jurisdiction of all criminals, matters arising under
the ordinances or by-laws of said town, and concurrent Jurisdiction with
other justices of the peace of Greenesville county over offences against
the commonwealth committed in said town and one mile beyond. He
shall have power to issue execution for all fines and costs imposed under
authority of this act for violation of the ordinances of the town and re-
quire immediate payment thereof, and in default of such payment may
commit the person so in default to the jail of Greenesville county until
said fine and costs are paid, but the term of imprisonment shall in no
case exceed six months.

In case of the absence or inability of the mayor the presidint pro
tempore of the council, to be chosen by a majority of the members
present at a legal meeting, shall possess the same powers and discharce
the municipal duties of the mayor during such absence or inability of
the mayor.
10. He shall exercise a constant supervision over the conduct of subor-
dinate officers, and shall have power and authority to investigate their
acts, have access to all books and documents in their offices, and may ex-
amine said officers and their subordinates on oath. Heshall have power
to suspend or remove such oflicers for misconduct in office or for neglect
of duty; but no such removal shall be made without reasonable notice
to the oflicer complained of, and an opportunity afforded him to be heard
in his defense. On the removal or suspension of such oflicer the
mayor shall report the same to the council at their next stated meeting
for their consideration; but in no case shall it be final until ratified by
the vote of a majority of the members present at a legal meeting.

11. It shall be his duty to communicate to the town council annually,
at the beginning of each fiscal year, or oftener, if required, a general
statement of the condition of the town, in relation to its government.
finances and improvements as he may deem proper.

In case a vacancy shall occur in the oftice of mayor the same shall be
filled for the unexpired term by the council.

12. The mayor or any two councilmen may call a meeting of the
council whenever they deem it necessary.

13. The council of the town shall be composed of nine members.
Their term of office shall begin on the first day of July after their elec-
tion. They shall be elected by the qualified voters of the town of Em-
poria for a term of two vears. The mayor shall be elected in the same
manner and for the same term as the councilmen.

14. The council shall by ordinance fix the time of their stated meet-
ings, and no business shall be transacted at a special meeting but that
for which it was called.

15. Any member of said council being voluntarily absent from its
meetings consecutively for three months his seat shall be deemed vacant,
and the unexpired term filled by the council.

16. The town council shall have authority to adopt such rules, ap-
point such officers and committees as they may deem proper for the
reculation of their proceedings and for the convenient transaction of
business; to compel the attendance of absent members; to punish its
members for disorderly behavior; by a vote of the majority of the mem-
bers present to expel a member for malfeasance of or malfeasance in
office. They shall keep a minute-book, in which their clerk shall note
the proceedings of the council, and shall record the said proceedings at
large on the record-hook, and keep the same properly indorsed.

The meetings of the council shall be open to the public, except when
the public welfare shall require secrecy.

17. All ordinances, by-laws or regulations now in force in said town,
and not in conflict with the laws of the state and of the United States
and of this act, shall remain in force until altered, amended or repealed
by the council.

18. No penalty shall be imposed under any ordinance passed hy
the council by virtue of this act until said ordinance has been pub-
lished in some newspaper in said town for one week, or by hand-bills
posted in four or more public places in said town for one week.

19. A majority of the members of the council, or four of them, and
the mavor shall constitute a quorum for the transaction of business, but
no ordinance shall be passed or resolution adopted, having for its object
the appropriation of any money, except by the concurrence of five
members of the council.

20. No vote or question decided at a stated meeting shall be consid-
ered at a special meeting, unless there be at least five members present,
and four of them concur.

21. The town council shall have, subject to the provisions of this
act, the control and management of the fiscal and municipal affairs of
the town and of all property, real and personal, belonging to said town,
and may make such ordinances, orders, by-laws, and regulations as they
may deem proper and necessary to carry out the following powers,
which are hereby vested in thei.

First. To open, close, extend, widen or narrow, lay out, graduate,
curb, and pave, and otherwise improve streets, sidewalks and public
allevs in said town, and to have them kept in good order and properly
lighted; and over any street or alley in said town, which may be ceded
or conveyed to the town by proper deeds, they shall have like power and
authority as on other streets and alleys.

They may build bridges in and culverts under said streets, and may
prevent or remove any structure, obstruction, or encroachment over or
under or in any street, sidewalk or alley in said town, and may permit
shade trees to be planted along said streets. But no company shall oc-
cupy with its works or any appurtenances thereof the streets, sidewalks
or alleys of the town without the consent of the council, duly entered
upon its records. In the meantime no order shall be made and no in-
junction shall be awarded by any court or judge to stay the proceedings
of the town council in the prosecution of their works, unless it be man-
ifest that they, their officers, agents, or servants are transcending the
authority given them by this act, and that the interposition of the court
is necessary to prevent injury that cannot be adequately compensated in
damages.

22. The town council shall not take or use any private property for
streets or other public uses or purposes without making to the owner
thereof just compensation for the same, but in any case where the coun-
cil cannot by agreement obtain title to the ground for such purposes it
shall be lawful for said council to apply to and obtain from the circuit
or county court of Greenesville county authority to condemn the same,
which shall be applied for and proceeded with according to law.

23. In every case where a street in said town has been or shall he
encroached upon by any fence, building, or otherwise, the council may
require the owner, if known, if unknown the occupier of the premises
encroaching, to remove the same; and if such removal be not made
within the time prescribed by the council, they may impose a penalty
of five dollars for each and every day it is allowed to continue there-
after, and may cause the encroachment to be removed and collect from
the owner all reasonable charges therefor, with costs, by the same process
they are hereinafter empowered to collect taxes.

No encumbrance upon any street, however long continued, shall] con-
stitute any adverse possession to or confer any rights upon the person
claiming thereunder as or against the town.

24. Whenever any street, alley, or lane in said town shall have been
opened and used as such by the public for the period of five years the
same shall thereby become a street, alley, or lane for public purposes.
And the council shall have the same authority and jurisdiction over
and rights and interests therein as they have by law over the streets,
alleys, and lanes laid out by them. And any street and alley reserved
in the division or subdivision into lots of any portion of a territory
within the corporate limits of said town by a plan or plat of record,
shall be deemed and held to be dedicated to public use, unless it appears
hy said record that the street or alley reserved is designed for private
use; but upon a petition of persons interested therein, the council shall
have power to open the same for public use.

25. Whenever any street shall be laid out, a street graded or paved,
a culvert built, or any public improvement whatsoever made, the council
shall determine what portion of the costs thereof shall be paid out of
the funds of the town and what portion by the owner of the real estate
benefited thereby: provided in case of any disagreement between the
council and the property owner or owners, the matter shall be submitted to
arbitrators ** * * * but no local assessment made for
such improvements shall in any case exceed twenty-five per centum of
the total costs of such improvement.

26. The town council shall have the same power to collect such local
assessments for improvements as are hereinafter invested in them for the
collection of taxes.

27. The town council shall grant and pay to all town officers elected
or appointed in pursuance of this act, such salaries or compensations as
the said council may from time to time deem just and proper, or shall
be fixed by this act.

28. The town council shall have power to determine and designate
the route and grade of any railroad to be laid in said town, and to restrain
and regulate the speed of locomotive engines and cars on the railroads
and to prevent the blockading or obstructing of street crossings by en-
gines, cars or otherwise.

29. The town council shall have power to prevent the cumbering or
obstructing of streets, sidewalks, alleys, lanes or bridges in the town in
any manner whatever.

30. The town council shall have power to secure the inhabitants of
the town from contagious, infectious or other dangerous diseases; to es-
tublish, erect and regulate hospitals; to provide for and enforce the
removal of patients to such hospitals; to appoint and organize a board
of health for said town, with the authority necessary for the prompt
and eflicient performance of their duties.

31. Nothing in this act shall be construed as vesting in said town any
authority or control over the public free schools within the limits of
said town, but the control and responsibility thereof in the support and
rights thereto shall be and remain as they now exist at law.

32. For the purpose of guarding against the calamities of fire the
town council may from time to time designate such portion and parts of
the town as they may deem proper within which buildings of wood may
or may not be erected. They may prohibit the erection of wooden
buildings in any portion of the town, and shall, on the petition of the
owner or owners of at least one-half of the ground included in any
square of the towh, ptohibit the erection on said square of any buildin
or addition to any building, unless the outer walls thereof be made c
brick and mortar, or etone and mortar, or metal, and may provide te
the removal of said building or addition which shall he erected contrar
to such prohibition at the expense of the builder or owner thereof; an
if any such building shall have been commenced before such petitio
can be acted upon by the council, or if any building in process of erec
tion or already built appears cle arly to he unsafe, the council may caus
such building to be taken down, after re: asonable notice to the owner.
33. The council shall have power to purchase and hold land and lot
on “which to erect schoolhouses, prisons and other necessary buildings
and may sell and convey any part thereof: provided, that before an:
such sale can be made five members of the council shall concur therein

34. The town council shall have power to require and compel th
abatement of all nuisances within the town at the expense of th
person or persons causing the same, or the owner or owners of th.
ground wherever the same shall be; to determine what are nuisances; t
prevent and regulate slaughter houses, soap and candle factories within
the town, or the exercise of anv dangerous, offensive or unhealthy busi
ness, trade or employment therein, and to regulate the transportation o
coal and other articles through the streets.

30. The town council shall have power to direct the location of al
buildings for the storage of gunpowder or other combustible substances.
and to regulate the sale of gunpowder, firecrackers, or fireworks manu
factured therefrom, kerosene oil, nitro-glye ‘erine, eamphine, burning
fluid or other combustible material. To real: ate the exhibition of fire
works, the discharge of firearms, the use of lights or candles in barn:
and stables and other buildings, and to restrain the making of bonfires
in streets and yards.

36. If any ground in said town shall be subject to be covered witl
stagnant water, or if the owner or owners, occupier or occupiers thereo:
shall permit any offensive or unwholesome substance to remain or ac.
cumulate thereon, the council may cause such grounds to be filled,
raised or drained, or may cause such substance to be covered or removec
therefrom, and may collect the expense of so doing from the said ownet
or Owners, occupier or occupiers, or anv of them (except in cases where
such nuisance is caused by the action of the town authorities or their agents,
in which case the town shall pay the expense of abating the same) by
distress and sale in the same manner in which taxes levied upon real
estate for the benefit of the town are authorized to be collected: pro-
vided, that reasonable notice shall be given to said owner or their agents.
In case of non-resident owners who have no agents in said town stich
notice shall be given by publication for not less than four weeks in any
newspaper published in such town

37. The town council shall have power to prevent horses, mules, cows,
hogs, sheep, goats, dogs and other animals from running at |: arve Ins caid
town, and may subject the owner thereof to such fines, regulations and
taxes as the council may deem proper. They may impound s said animals,
and if the fines, costs of feeding and costs of impounding are not paid
within five days after notice has been given by posting notice at the
courthouse door and in two other public places in said town, the ser-
geant may sell said animal by public auction, and, out of the proceeds
of sale, pay all fines due the town, the costs of feeding and impounding
said animals, the balance of the proceeds to be paid to the owner of said
animals, if known, if the owner is unknown the balance shall be paid
into the town treasury.

38. To prevent the riding or driving of horses or other animals at an
improper speed, throwing stones or engaging in any employment or sport
on the streets, sidew alks or public alleys dangerous or annoying to pas-
sengers, and to prohibit and punish the abuse or cruel treatment of
porees or other animals in said town.

To restrain and punish drunkards, vagrants, and street beygars,
to prevent and quell riots, disturbances, and disorderly assemblayes, to
suppress houses of ill- fame and gambling houses, to prevent and punish
lewd, Indecent, and disorderly conduct or exhibition in said tow n, and
to expel therefrom persons guilty of such conduct who have not lived
therein as much as one vear.

40). To prevent the coming into town of persons having no ostensible
means of support, and of persons who may be dangerous to the peace
and safety of the town.

41. To punish for contempt of court, releasing or attempting to re-
lease a prisoner, or Interfering In any manner with an officer in the ex-
ercise of his official duties.

42. To punish for contempt anvone failing or refusing to assist an
officer of the town in making an arrest when required or commanded by
any such oflicer to aid or assist him in making such arrest.

If any person, having been an officer of this town, shall not,
within ten days after he shall have vacated or been removed from office,
and upon notification or request of the council, or within such time
thereafter as the council shall allow, deliver over to his successor in office,
all property, books, and papers belonging to the town or appertainins:
to such office, in his possession or under his control, he shall forfeit or
pay to the town the stun of not exceeding fiftv dollars, to be sued for
and reeovered with costs. And all books, records, and documents use«l
in any office by virtue of any provision of this act, or of any ordinance
or order of the council or any superior oflicer of said town shall be
deemed property of said town and appertaining to said office. And the
chief officer thereof shall he re sponsible therefor.

44. Where by the provisions of this act the council shall have author-
itv to pass ordinances on any subject, they may prescribe any penalty
not exceeding a penalty of one hundred dollars and imprisonment not
exceeding six months for violation thereof, and may provide that the
offender, on failing to pay the fine (reeov ered) and costs, shall be in:-
prisoned in the county jail of Greenesville county not exceeding SIX
months, or the council may compel persons sentenced to imprisonment
to work on the streets or other public improvements in said town.

45. The council may appoint, in addition to those herein provided
for, such officers and clerks as they may deem necessary and proper,
and define their powers, prescribe their duties, and fix their compensa-
tion; and may take from any officer, whether elected or appointed by
the council, a bond with surety to be approved by them in such penalt: y
as they may deem proper, payable to the town of Emporia, in its cor-
porate name, with condition for the faithful discharge of the duties of
his office.

All officers appointed by the council may be removed from office for
cause to be decided by the council.

In case of any vacancy occurring in any municipal office where it is
not otherwise herein provided, the town council shall elect a qualified
person to fill such office during the unexpired term.

46. The council of the town shall have power to appoint one or more
policemen for said town, who shall be vested with the powers of a con-
servator of the peace, and shall have the same powers of arrest within
the town and one mile beyond the corporate limits of said town as the
serveant of said town, and whose compensation shall be fixed by the
young

*. The town treasurer shall qualify before the council, and shall give
hand to be approved by the council in such sum as that body may pre-
scribe, He shall receive all moneys belonging to said town. He shall
keep his books and accounts in such manner as the council may pre-
scribe; and such books and accounts shall always be subject to the in-
spection of the mayor, and any member of the council or any com-
mittee thereof.

4s. No money shall be paid out by the treasurer except on a warrant
of the clerk of the council countersigned by the mavor, and he shall
keep a separate account of each fund and appropriation, and the debits
and credits belonging thereto.

49. The treasurer shall report to the town council at the end of the
fiscal year, and oftener, if required, a full and detailed account of re-
eelpts and disbursements during the fiscal year, and the state of the
treasury. He shall keep a register of all warrants, their date, amount,
number, and fund from which paid, and the person to w hom paid,
specify also the time of payment, and all such warrants shall be exam-
ined at the time of making such report to the council by a committee
thereof, who shall examine and compare the same with the books of the
clerk, and report discrepancies, if any, to the council.

OU. All moneys received on special assessments shall be held by the
treasurer as a special fund to be applied to the payment of the matter
for which the assessment was made, and said money shall be used for
no other purpose whatsoever.

ol. The treasurer may be required to keep all moneys in his hands
belonging to the town in such place or places of deposit as the council
may direct, and such money shall be kept separate and distinct from the
treasurer's own money. Incase of his resignation or removal, the coun-
cil shall elect a qualified person to fill the said office for the unexpired
term. No person shall be allowed to qualify as treasurer a second time
unless and until he shall have satisfactorily settled his account as_treas-
urer for the preceding term, otherwise the oflice shall be considered
vacant, and the vacancy shall be filled as hereinbefore provided.

2. The sergeant, deputy sergeant, and policemen appointed by the
council shall exercise all the powers of a constable and in eriminal and
police matters shall have jurisdiction for one mile bevond the corporate
Himits of said town.

The sergeant ‘shall colllect all fines and costs imposed.by the mayor
and pay same to the treasurer weekly. He shall collect all licenses,
taxes, and assessments levied by the town, and perform such other duties
as may be prescribed or ordained by the council, One month after re-
eelving said licenses, tax accounts, and assessments he shall have power
to distrain and sell the ‘refor, and for this purpose shall have all the power
and authority and be subject to the same labilities and penalties as are
prescribed for the county treasurer for the collection of state taxes and
county levies, and may be proceeded against in the same manner, so far
ag applicable and not inconsistent with the provisions of this act.

o4, The sergeant shall receive, in addition to any compensation allowed
him by the council, the same fees as a constable for like services. Be-
fore entering upon the duties of his office he shall enter into bond with
security to be approved by the council in such sum as the council may
direct, said bond to be payable to the town of Emporia, and conditioned
for the faithful discharge of the duties of his office, and it shall be
entered on the records of the council, and the original shall be filed in
office of the clerk of the council.

». The town council shall on the first day of May, eighteen hundred
and ninety-cight, and annually thereafter, make, or cause to be made,
and entered upon the records of its proceedings an estimate and state-
ment of all sums of money which may lawfully be, or may lawfully be-
come chargeable to said town, and which ought to be paid in one vear
for any nd all purposes, and all nee essary Improvements, together with
the statement of the purposes or objects for which said stuns of money
may become chargeable to the said town of Imporia, For the exce ution
of its powers nnd duties the town council Inay raise annually by assess-
ments in said town on all subjects taxable by the state such sums. of
money as they shall deom necessary to defray the expenses of the town,
and in such manner as they shall deem expedient, and in accordance
with the constitution and laws of the state and of the United States: pro-
vided, that the town Jevy upon all property within the town, both real
and personal, shall not annually exceed twenty-five cents on the hundred
dollars in value. The said levy may be upon all male persons residents
of the town and over the age of twenty-one vears, and upon all dogs in
the town, and upon all real and personal property, and upon such other
subjects of taxation as may be subject to state taxation, and not exempt
from taxation by the constitution and laws of the state: provided, that
if the town council deem it expedient, they may provide by a resolution
passed by said council that no corporation tax shall be levied on mia-
chinery, implements, money and capital of any manufacturing establish-
ment actually in-use for manufacturing purposes within the town fora
period not exceeding ten vears. Said levy to be based upon the value
us fixed by the last general assessment for state aud county purposes
next preceding said assessment made by the said town council; said
taxes to be levied and collected in the same manner in which state taxes
are levied and collected and upon the same subjects of taxation. The

said town and the persons and property therein shall be exempt and free
from the payment of any road tax and from working on any road out-
side of said town, for which excimption the said town shall keep its own
strects in order, and shall not be embraced in any road district of the
said county of Greenesvi ille,
56. All goods and chattels wheresoever found may be distrained and
sold for taxes assessed and due thereon, and no deed of trust nor mort-
gage upon goods and chattels shall prevent the same from being dis-
trained and sold for taxes against the grantor in such deed of trust or
mortgage.

57. There shall be a lien on real estate for the town taxes as assessed
thereon from the commencement of the year for which they were
assessed, and there shall also be a lien on real estate in which local
assessments for improvements may be made for the amount of such
assessments from the time the same is levied by the council.

The council may require real estate in the town delinquent for the
non-payment of taxes and assessments to be sold for said taxes or asscss-
ments, with interest thereon at the rate of ten per centum per annum,
and such per centum as the council may prescribe for charges. Such
real estate shall be sold, and may be redeemed in the manner provided
hy law.

58. The town council shall be allowed the use of the jail of Greenes-
ville county for the safe-keeping and confinement of all persons who
shall be sentenced to imprisonment under the general laws or oridi-
nances of said town, until the town shall provide its own prison, and
when any judgment shall be rendered against a person for any fine or
penalty under any ordinance of said town, and the same be not imme-
diately paid, the person so in default may he required by the order of
the court passing sentence to work out such fine and costs or penalty on
the public streets or other public improvements at twenty-five cents a
day under the direction of the town sergeant, and under such rules and
regulations as may be prescribed by the council.

59. The jailer of Greenesville county is authorized to receive in said
jail, without mittimus or warrant, all persons apprehended by the ser-
geant or any police officer of said town for violation of the rules, regu-
lations, by-laws or ordinances of the town, or disturbance of the peace
of said town, and shall be authorized to retain such persons in his cus-
tody until ten o’clock in the morning of the second day, at which time
they shall be discharged, unless regularly committed to his custody by a
mittimus or warrant, in which case the officer so receiving said partics
shall be entitled to the fees provided to be paid when a person is com-
mitted under a warrant or mittimus of a justice of the peace.

60. The town council shall have power and authority at any time
after the passage of this act to lay off new lots, streets and alleys and
other lands not included within the corporate limits of said town with
the consent of the owners of the land which it may be desired so to in-
clude; or if any such Jand be owned by infants, feme coverts or per-
sons non compos mentis, imprisoned or not within the commonwealth,
or by any person disabled by law in any manner to give consent, then
in that case with the consent of the county court of Greenesville county.

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

62. All acts or parts of acts in conflict herewith be, and are hereby,
repealed.