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 | 1881/1882 |
---|---|
Law Number | 144 |
Subjects |
Law Body
Chap. 144.—An ACT to provide for working and keeping in repair
the public roads in Amherst and Nelson counties.
Approved February 15, 1882.
1. Be it enacted by the general assembly, That on and
after the first day of August, eighteen hundred and eighty-
two, the board of supervisors of the counties of Amherst
and Nelson may take charge of and have worked and kept
in repair all public roads and bridges and foot-logs, hereto-
fore or hereafter established within the limits of the said
counties, and for this purpose the said boards of supervisors
are authorized and empowered to levy a road tax, not
exceeding, in‘any year, ten cents upon the one hundred dol-
lars of assessed taxable values in said counties, and to adopt
such regulations as do not conflict with the laws now in
force, as may be necessary to secure the proper working of
the roads in said counties.
2. The said boards of supervisors shall, as soon after the
first day of August, eighteen hundred and eighty-two, as
may be practicable, appoint one commissioner of roads for
their respective counties, who shall qualify before the county
court, by taking the usual oaths of office, and shall continue
ag such until his successor is duly qualified. The term of
said commissioner of roads shall be one year, and shall com-
mence on the said first day of August of each year, and he
shall be appointed at the meeting of the said board next
preceding that day. The said commissioner of roads shall
have exclusive supervision of all roads and bridges in said
counties, and all applications to the court for viewers for
changes or opening new roads must be approved by said
commissioner.
3. The said commissioner of roads shall, annually, at the
September term of the county court, let to contract, to the
lowest bidder, the work of keeping in repair the roads and
bridges in the county, notices of which letting shall be posted
for ten days, at each postoffice in the county, the said letting
to be as a whole, or in sections, at tho discretion of the com-
missioner, and for the year ending on the thirty-first day of
August of each year. He shall require the bids to be in
writing, and signed by the contractor, and shall deliver the
same, under seal, to the board of supervisors, for their ratifi-
cation or rejection, at their first meeting thereafter. Each
contractor shall be required to give bond, with good security,
in a penalty at least double the amount of his bid, for the
faithful performance of his contract, and a recovery 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
securities. The said contracts and bonds shall be left with
clerk of the board of supervisors.
4. The contractor shall be entitled to the services, for two
days, in each year, of all persons liable to service in workin
the public roads, under existing laws, and shall be entitled to
all remedies now existing, for the collection of fines for fail-
ing to work when duly summoned by him against persons
owing tbat duty.
5. it shall be the duty of the commissioner of roads to
give personal supervision to all roads and bridges, to see that
the contractor is faithfully carrying out his contract, and for
any failure in carrying it out the said commissioner shall at
once institute, through the prosecuting attorney, proceed-
ings for the recovery of damages for the breach of said con-
tract.
6. The commissioner of roads shall receive, as compensa-
tion, two dollars per day, while actually engaged, but in no
case shall his compensation exceed two hundred dollars per
annum, to be paid by the county.
7. All levies made and collected under this act shall be
collected and accounted for by the county treasurer, as other
levies are, and shall be paid out on the warrant of the board
of supervisors.
8. No member of the board of supervisors, or commis-
sioner of roads, shall be, directly or indirectly, interested in
any contract made under this act, and any participation
therein shall render the contract void.
9. When the court shall order the opening of a new road
or the erection of a new bridge, the work of opening or
building shall be let to contract as hereinbefore directed.
10. The board of supervisors shall have power, at any
time, for good cause, to revoke the appointment of the com-
missioner of roads, and to appoint a successor to fill his
unexpired term.
1]. It shall be the duty of the officers conducting the elec-
‘ions in the said counties of Amherst and Nelson, in the
month of May, eighteen hundred and eighty-two, to receive
he ballots of the qualified voters, who shall vote upon this
ct, which ballots shall be as follows: “For the road law,”
ind“ Against the road law.” The ballots so cast shall be
leemed and taken as a vote for or against this act, and the
nanner of receiving and canvassing the ballots, and making
returns thereof, shall be in accordance with existing law,
xcept that the certificate of the judges shall be as follows:
We hereby certify that at the election held on the —— day
f May, eighteen hundred and eighty-two, —— votes were
‘ast for the road law, and —— votes were cast against the
‘vad law.
Signature of the judges.
12. Should a majority of the votes thus cast be for the
vad law, it shall be deemed the adoption thereof.
13. This act shall be in force from its passage.
gap. 145.—An ACT to incorporate the London and Buckingham
Construction and Mining Company.
Approved February 15, 1882.
I. Beit enacted by the general assembly of Virginia, That
homas L. Ogden, Edward Lyon, Edward Livingston,
harles Windt, Edward J. Gallagher, Michael B. Poitiaux,
barles E. Belvin, and their associates, or such of them as
ay accept the provisions of this act, and such other persons
‘may be hereafter associated with them, and their succes-
rs, shall be and they are hereby constituted a body politic
nd corporate, under the name and style of The London and
uckingham Construction and Mining Company.
2. The said corporation may, by or under its corporate
tle. make and use a corporate seal, which it may alter or
new at its pleasure, and may sue and be sued, plead and be
ipleaded, contract and be contracted with, and make by-
ws and rules and regulations consistent with existing laws
‘the state, for the government of all under its authority,
ie management of its estates and properties, and the due
id orderly conduct of its affairs.
3. The capital stock of said company shall be not less than
ty thousand dollars, and may be increased to any amount
st exceeding five million of ddllars, by issue and sale of
ares thereof, not less than ten dollars each, from time to
me. under such regulations as the board of directors of said
mpany shall, from time to time, prescribe; and the direc-
rs may receive real or personal property in payment for
bacriptions to the capital stock, at such valuation as may
agreed upon between the directors and the subscribers.
4, The said company shall have power, and may purchase,’
hold, grant, mortgage, or otherwise dispose of real and per-
sonal estate in this state and elsewhere. And the said com-
pany shall have power, and may lay out such lands, or any
part thereof, into parcels or lots of convenient size, with inter-
vening roads, lanes, streets, and alleys, and develop, improve,
work, cultivate, sell, grant, mortgage, or otherwise dispose
of, in such manner, and upon such terms as the said
company may think proper; and may contract for, construct,
operate, and maintain works of public or private improve-
ments: provided, however, that nothing in this section sball
be construed as exempting the said company from the pro-
visions of the general laws of Virginia relative to corpora-
tions.
5. The said company shall have power to search for and
develop mineral properties, to mine and produce plumbago,
kaolin, and other earths useful for manufacturing purposes,
coal iron, lead, zinc, copper, asbestos, mica, gold, silver, and
all other minerals, ores, and metals, the purchase and sale of
the same, the working, reduction, smelting, and refining of
the same, and the erection of chemical works, and working
of the same; also the construction of railroads, tramways,
and telegraph lines, connecting the mines of said company
with trunk lines of railroads and telegraph lines; and the
said company shall have power, and may build and maintain
pipe lines, water ditches, flumes, and reservoirs, and to draw
water from any water-course adjacent to their mines: pro-
vided they do not, in so doing, violate the rights of any indi-
viduals or parties.
6. That for the purpose of constructing said railroads,
telegraph lines, pipe lines, water ditches, flumes, and reser-
voirs, the said company shall have the right to enter upon
any lands over which said railroads, telegraph lines, pipe
lines, water ditches, reservoirs, and flumes, may pass for the
purpose of surveying the same, and locating said railroads,
telegraph lines, pipe lines, water ditches, reservoirs, or flumes,
and to contract with the owners of said lands for the right
of way for any or all of the above mentioned rights, and
upon failure of said company and the owners of said lands
to agree upon the price of said right of way they shall pro-
ceed as the law directs for the condemnation of lands.
7. For the construction and operation of the railroads,
telegraph lines, pipe lines, reservoirs, water ditches, and
flumes, the company shall have the right to issue bonds, and
to secure the same by mortyage on the property of the com-
any, or any part thereof, to issue ici stock, to issue
onds secured by mortgage convertible into preferred stock,
or preferred stock convertible into bonds secured by mort-
gage, and to exercise all power necessary to the enjoyment
of the franchises and privileges herein granted.
8. The affairs of said company shall be managed by a
board of directors, five in number, to hold office for such
term as the by-laws of said company shall provide, and until
their suecessors are duly chosen and qualified; said board
shall elect from its members a president, vice-president, and
treasurer of the company, and they shall hold office for such
terms as the by-laws of the said company may provide, and
until their successors are duly elected and qualified.
9. That for the management and disposition of the stocks,
property, estate, and effects of said company, the board of
directors shall make such by-laws, rules, and regulations as
may be consistent with this act, and shall fix the time of elec-
tion of directors, and in case of any vacancy in said board
caused by death, resignation, or otherwise, may fill the same.
No person shall be a director who is not a stockholder, and
any one ceasing to be a stockholder, shall cease to be a direc-
tor.
10. That at all meetings of the stockholders every share of
stock shall entitle the holder to one vote, to be given in per-
sonor by proxy. Annual meetings of the stockholders of
suid corporation shall be held for the election of directors,
and the place and notice of said meeting to be prescribed in
the by-laws; but failure to elect directors on the day ap-
pointed in said by-laws, shall not be deemed to dissolve said
company; but such election may be holden on any day
thereafter, appointed by the directors, upon due notice,
as prescribed by the by-laws. The directors, of whom three
‘ncluding the president, shall be a quorum, shall have full
power touching the appointment of all officers and employees
uf the company, and the bonds to be required of them for
the faithful performance of their duty, and said appointees
shall hold office at the will and pleasure of said board. Said
directors shall make an annual report to the stockholders of
their proceedings and expenditures.
11. If any stockholder shall be in default in the payment
of his subscription, as required by the directors, in addition
to the right of recovery by the company by legal proceed-
ings, the board of directers are hereby invested with the
mower and authority, after giving public notice of the time
and place of sale for the period of one week, in some news-
paper published in New York city, to sell, at public auction
for cash, the said stock, in respect to which such default shall
have been made, and to have the same property transferred
tothe purchaser; and out of the proceeds of such sale shall
be paid the charges and expenses of such sale, and the
amount due upon the said stock, and the surplus, if any,
shall be paid to the delinquent, or his representative; and if
at any such sale there shall be no bidder who will purchase
the said stock, at a price equal to the charges and expenses
of such sale, and the entire amount due and unpaid on the
stock, then the said company may purchase the said stock
and hold the same for its benefits.
12. The board of directors may establish offices and agen-
cies in such places as they may think proper, but the princi-
pal office of the company shall be located at some point
within the limite of the state of Virginia.
13. The annual meeting of the stockholders of the said com-
pany shall be held in the city of New York, on the first Monday
in March of each and every year, or on such other day as the
stockholders may, by resolution, adopt in any annual meet-
ing, to take effect at the next annual meeting. A general
meeting of the stockholders of said company may be held at
any time, as provided for by the general laws of Virginia.
14. No stockholder in the said company shall ever be liable
or made responsible for its debts and liabilities in a larger or
further sum than an amount equal to the amount of the
shares of stock held by any such stockholder.
15. This act shall be in force from its passage.
Chap. 144.—An ACT to provide for working and keeping in repair
the public roads in Amherst and Nelson counties.
Approved February 15, 1882.
1. Be it enacted by the general assembly, That on and
after the first day of August, eighteen hundred and eighty-
two, the board of supervisors of the counties of Amherst
and Nelson may take charge of and have worked and kept
in repair all public roads and bridges and foot-logs, hereto-
fore or hereafter established within the limits of the said
counties, and for this purpose the said boards of supervisors
are authorized and empowered to levy a road tax, not
exceeding, in‘any year, ten cents upon the one hundred dol-
lars of assessed taxable values in said counties, and to adopt
such regulations as do not conflict with the laws now in
force, as may be necessary to secure the proper working of
the roads in said counties.
2. The said boards of supervisors shall, as soon after the
first day of August, eighteen hundred and eighty-two, as
may be practicable, appoint one commissioner of roads for
their respective counties, who shall qualify before the county
court, by taking the usual oaths of office, and shall continue
ag such until his successor is duly qualified. The term of
said commissioner of roads shall be one year, and shall com-
mence on the said first day of August of each year, and he
shall be appointed at the meeting of the said board next
preceding that day. The said commissioner of roads shall
have exclusive supervision of all roads and bridges in said
counties, and all applications to the court for viewers for
changes or opening new roads must be approved by said
commissioner.
3. The said commissioner of roads shall, annually, at the
September term of the county court, let to contract, to the
lowest bidder, the work of keeping in repair the roads and
bridges in the county, notices of which letting shall be posted
for ten days, at each postoffice in the county, the said letting
to be as a whole, or in sections, at tho discretion of the com-
missioner, and for the year ending on the thirty-first day of
August of each year. He shall require the bids to be in
writing, and signed by the contractor, and shall deliver the
same, under seal, to the board of supervisors, for their ratifi-
cation or rejection, at their first meeting thereafter. Each
contractor shall be required to give bond, with good security,
in a penalty at least double the amount of his bid, for the
faithful performance of his contract, and a recovery 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
securities. The said contracts and bonds shall be left with
clerk of the board of supervisors.
4. The contractor shall be entitled to the services, for two
days, in each year, of all persons liable to service in workin
the public roads, under existing laws, and shall be entitled to
all remedies now existing, for the collection of fines for fail-
ing to work when duly summoned by him against persons
owing tbat duty.
5. it shall be the duty of the commissioner of roads to
give personal supervision to all roads and bridges, to see that
the contractor is faithfully carrying out his contract, and for
any failure in carrying it out the said commissioner shall at
once institute, through the prosecuting attorney, proceed-
ings for the recovery of damages for the breach of said con-
tract.
6. The commissioner of roads shall receive, as compensa-
tion, two dollars per day, while actually engaged, but in no
case shall his compensation exceed two hundred dollars per
annum, to be paid by the county.
7. All levies made and collected under this act shall be
collected and accounted for by the county treasurer, as other
levies are, and shall be paid out on the warrant of the board
of supervisors.
8. No member of the board of supervisors, or commis-
sioner of roads, shall be, directly or indirectly, interested in
any contract made under this act, and any participation
therein shall render the contract void.
9. When the court shall order the opening of a new road
or the erection of a new bridge, the work of opening or
building shall be let to contract as hereinbefore directed.
10. The board of supervisors shall have power, at any
time, for good cause, to revoke the appointment of the com-
missioner of roads, and to appoint a successor to fill his
unexpired term.
1]. It shall be the duty of the officers conducting the elec-
‘ions in the said counties of Amherst and Nelson, in the
month of May, eighteen hundred and eighty-two, to receive
he ballots of the qualified voters, who shall vote upon this
ct, which ballots shall be as follows: “For the road law,”
ind“ Against the road law.” The ballots so cast shall be
leemed and taken as a vote for or against this act, and the
nanner of receiving and canvassing the ballots, and making
returns thereof, shall be in accordance with existing law,
xcept that the certificate of the judges shall be as follows:
We hereby certify that at the election held on the —— day
f May, eighteen hundred and eighty-two, —— votes were
‘ast for the road law, and —— votes were cast against the
‘vad law.
Signature of the judges.
12. Should a majority of the votes thus cast be for the
vad law, it shall be deemed the adoption thereof.
13. This act shall be in force from its passage.
gap. 145.—An ACT to incorporate the London and Buckingham
Construction and Mining Company.
Approved February 15, 1882.
I. Beit enacted by the general assembly of Virginia, That
homas L. Ogden, Edward Lyon, Edward Livingston,
harles Windt, Edward J. Gallagher, Michael B. Poitiaux,
barles E. Belvin, and their associates, or such of them as
ay accept the provisions of this act, and such other persons
‘may be hereafter associated with them, and their succes-
rs, shall be and they are hereby constituted a body politic
nd corporate, under the name and style of The London and
uckingham Construction and Mining Company.
2. The said corporation may, by or under its corporate
tle. make and use a corporate seal, which it may alter or
new at its pleasure, and may sue and be sued, plead and be
ipleaded, contract and be contracted with, and make by-
ws and rules and regulations consistent with existing laws
‘the state, for the government of all under its authority,
ie management of its estates and properties, and the due
id orderly conduct of its affairs.
3. The capital stock of said company shall be not less than
ty thousand dollars, and may be increased to any amount
st exceeding five million of ddllars, by issue and sale of
ares thereof, not less than ten dollars each, from time to
me. under such regulations as the board of directors of said
mpany shall, from time to time, prescribe; and the direc-
rs may receive real or personal property in payment for
bacriptions to the capital stock, at such valuation as may
agreed upon between the directors and the subscribers.
4, The said company shall have power, and may purchase,’
hold, grant, mortgage, or otherwise dispose of real and per-
sonal estate in this state and elsewhere. And the said com-
pany shall have power, and may lay out such lands, or any
part thereof, into parcels or lots of convenient size, with inter-
vening roads, lanes, streets, and alleys, and develop, improve,
work, cultivate, sell, grant, mortgage, or otherwise dispose
of, in such manner, and upon such terms as the said
company may think proper; and may contract for, construct,
operate, and maintain works of public or private improve-
ments: provided, however, that nothing in this section sball
be construed as exempting the said company from the pro-
visions of the general laws of Virginia relative to corpora-
tions.
5. The said company shall have power to search for and
develop mineral properties, to mine and produce plumbago,
kaolin, and other earths useful for manufacturing purposes,
coal iron, lead, zinc, copper, asbestos, mica, gold, silver, and
all other minerals, ores, and metals, the purchase and sale of
the same, the working, reduction, smelting, and refining of
the same, and the erection of chemical works, and working
of the same; also the construction of railroads, tramways,
and telegraph lines, connecting the mines of said company
with trunk lines of railroads and telegraph lines; and the
said company shall have power, and may build and maintain
pipe lines, water ditches, flumes, and reservoirs, and to draw
water from any water-course adjacent to their mines: pro-
vided they do not, in so doing, violate the rights of any indi-
viduals or parties.
6. That for the purpose of constructing said railroads,
telegraph lines, pipe lines, water ditches, flumes, and reser-
voirs, the said company shall have the right to enter upon
any lands over which said railroads, telegraph lines, pipe
lines, water ditches, reservoirs, and flumes, may pass for the
purpose of surveying the same, and locating said railroads,
telegraph lines, pipe lines, water ditches, reservoirs, or flumes,
and to contract with the owners of said lands for the right
of way for any or all of the above mentioned rights, and
upon failure of said company and the owners of said lands
to agree upon the price of said right of way they shall pro-
ceed as the law directs for the condemnation of lands.
7. For the construction and operation of the railroads,
telegraph lines, pipe lines, reservoirs, water ditches, and
flumes, the company shall have the right to issue bonds, and
to secure the same by mortyage on the property of the com-
any, or any part thereof, to issue ici stock, to issue
onds secured by mortgage convertible into preferred stock,
or preferred stock convertible into bonds secured by mort-
gage, and to exercise all power necessary to the enjoyment
of the franchises and privileges herein granted.
8. The affairs of said company shall be managed by a
board of directors, five in number, to hold office for such
term as the by-laws of said company shall provide, and until
their suecessors are duly chosen and qualified; said board
shall elect from its members a president, vice-president, and
treasurer of the company, and they shall hold office for such
terms as the by-laws of the said company may provide, and
until their successors are duly elected and qualified.
9. That for the management and disposition of the stocks,
property, estate, and effects of said company, the board of
directors shall make such by-laws, rules, and regulations as
may be consistent with this act, and shall fix the time of elec-
tion of directors, and in case of any vacancy in said board
caused by death, resignation, or otherwise, may fill the same.
No person shall be a director who is not a stockholder, and
any one ceasing to be a stockholder, shall cease to be a direc-
tor.
10. That at all meetings of the stockholders every share of
stock shall entitle the holder to one vote, to be given in per-
sonor by proxy. Annual meetings of the stockholders of
suid corporation shall be held for the election of directors,
and the place and notice of said meeting to be prescribed in
the by-laws; but failure to elect directors on the day ap-
pointed in said by-laws, shall not be deemed to dissolve said
company; but such election may be holden on any day
thereafter, appointed by the directors, upon due notice,
as prescribed by the by-laws. The directors, of whom three
‘ncluding the president, shall be a quorum, shall have full
power touching the appointment of all officers and employees
uf the company, and the bonds to be required of them for
the faithful performance of their duty, and said appointees
shall hold office at the will and pleasure of said board. Said
directors shall make an annual report to the stockholders of
their proceedings and expenditures.
11. If any stockholder shall be in default in the payment
of his subscription, as required by the directors, in addition
to the right of recovery by the company by legal proceed-
ings, the board of directers are hereby invested with the
mower and authority, after giving public notice of the time
and place of sale for the period of one week, in some news-
paper published in New York city, to sell, at public auction
for cash, the said stock, in respect to which such default shall
have been made, and to have the same property transferred
tothe purchaser; and out of the proceeds of such sale shall
be paid the charges and expenses of such sale, and the
amount due upon the said stock, and the surplus, if any,
shall be paid to the delinquent, or his representative; and if
at any such sale there shall be no bidder who will purchase
the said stock, at a price equal to the charges and expenses
of such sale, and the entire amount due and unpaid on the
stock, then the said company may purchase the said stock
and hold the same for its benefits.
12. The board of directors may establish offices and agen-
cies in such places as they may think proper, but the princi-
pal office of the company shall be located at some point
within the limite of the state of Virginia.
13. The annual meeting of the stockholders of the said com-
pany shall be held in the city of New York, on the first Monday
in March of each and every year, or on such other day as the
stockholders may, by resolution, adopt in any annual meet-
ing, to take effect at the next annual meeting. A general
meeting of the stockholders of said company may be held at
any time, as provided for by the general laws of Virginia.
14. No stockholder in the said company shall ever be liable
or made responsible for its debts and liabilities in a larger or
further sum than an amount equal to the amount of the
shares of stock held by any such stockholder.
15. This act shall be in force from its passage.