Chap. 49.—An ACT to prohibit the loading and unloading of
steamships’ and steamboate’ cargoes on a Sunday.

Approved February 7, 1890.

1. Be it enacted by the general assembly of Virginia,
That no steamboat company shall, by any agent or em-
ployee, load or unload on a Sunday any steamship or steam-
boat arriving at any port or landings on the bays, rivers,
or other waters of this state, or permit the same to be
done by any such agent or employee, except where such
steamship or steamboat is for the transportation of the
United States mails, or for the transportation of passen-
gers and their baggage, or for the transportation of through
freight in transitu, or of live stock, or of articles of such
perishable nature as would be necessarily impaired in
value by one day’s delay in their passage: provided, that
nothing in this act shall be construed as preventing any
steamship or steamboat arriving at any port or landing
on the bays, rivers, and other waters of this state, not its
final point of destination, from unloading any and all
freight intended for delivery at such intermediate port or
landing, or from loading and taking on any and all freight
intended for shipment from such intermediate port or
landing, to the final destination of said steamship or
steamboat.

2. Any steamship or steamboat company violating the
provisions of this act shall be deemed to have committed
a separate offence in each county or corporation in which
said steamship or steamboat shall land and be unloaded,
and shall be fined in a sum not less than fifty nor more
than one hundred dollars for each offence.

3. This act shall be in force from its passage.
JHAP. 50.—An ACT refunding to the Lynchburg and Durham
railroad company an amount erroneously collected on the
recordation of a mortgage. ,

Approved February 7, 190.

Whereas the Lynchburg and Durham railroad company
-xecuted and recorded a mortgage of its railroad prop-
erty and franchises, dated the second day of January,
ighteen hundred and eighty-eight, to secure an issue of
me million six hundred and eighty thousand dollars of
bonds, and on the recordation thereof was required to pay
and did pay to R. W. Withers, clerk of the county of
Campbell, in the state of Virginia, the sum of sixteen
hundred and eighty dollars, as and for the tax thereon, to
the state of Virginia, when the whole length of said rail-
road is one hundred and fourteen miles, of which forty-
one miles is in the state of North Carolina, and seventy-
three miles in the state of Virginia, and the proper
amount of tax so to be paid was the sum of one thousand
and seventy-five dollars and eighty cents; therefore,

1. Be it enacted by the general assembly of Virginia,
That the auditor of public accounts is hereby directed to
iagsue to the Lynchburg and Durham railroad company his
warrant on the treasurer for the sum of six hundred and
four dollars and twenty cents, said amount being the
excess paid by said company by reason of said erroneous
requirement and collection.

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

Chap. 5] —An ACT to require the trustees of Emory and Henry
college to settle their indebtedness to the state and making an
appropriation to the same.

Approved February 7, 189U.

Whereas a loan of eighteen thousand dollars was made
from the literary fund to the trustees of Emory and Henry
college under authority of an act passed February twenty-
seven, eighteen hundred and forty-three, the principal and
interest of which was secured by the lien of a deed of
trust upon the lands and buildings of said college, and
how amounts to the sum of sixty-two thousand four hun-
dred and fifty-two dollars and ninety-four cents;

And whereas the enforcement of the payment of said
loan would result in the sale of the college building and
lands, and the consequent destruction of one of the most
valuable literary institutions in the state ;
And whereas it is represented that the proceeds that
would be derived by the state from such sale would barely
repay the amount of the original loan;

And whereas said loan has not been reported by the
second auditor in the accounts of the literary fund since
the year eighteen hundred and fifty, and has been regarded
since that date as no longer an available asset ;

And whereas the formal existence of said lien is work-
ing such detriment to the institution, by deterring endow-
ments and gifts, and by rendering the landed property of
said institution unavailable as a resource, as to endanger
the further existence of said institution—an institution
which has conferred already signal benefits upon the
quarter of the state in which it is located ; therefore,

1. Be it enacted by the general assembly of Virginia,
That the sum of sixty-two thousand four hundred and
fifty-two dollars and ninety-four cents be, and the same is
hereby, appropriated to the trustees of Emory and Henry
college in the county of Washington, to be paid out of
any moneys in the treasury belonging to the literary fund
of the state, and the second auditor is hereby authorized
and directed to issue his warrant for the amount of this
appropriation; provided, that the trustees of Emory and
Henry college shall, at the time of the delivery of said
warrant by said auditor, be required to make full payment
and settlement of their indebtedness to the state literary
fund, principal and interest; and provided, further, that
at the time of said settlement said trustees or other proper
authorities of said college shall execute and deliver to said
auditor a good and sufficient deed conveying to the board

fe works that part of the real estate belonging to
said Emory and Henry college, situate, lying, and being
northward of the Norfolk and Western railroad, reserving
and excepting therefrom the ground occupied as a ceme-
tery, the care and custody whereof is reserved to and
charged upon the said trustees, who, by their acceptance
of the provisions of this act, do thereby agree to accept said
charge, and excepting also the grounds donated by the
said board of trustees to the Norfolk and Western railway
and depot buildings thereon, and reserving also to said
trustees a parcel of land in front of said cemetery and
on either side thereof, described as follows: Beginning
at a stake on the north limit of railroad, about four feet
east of the depot; thence north one-fourth degree west
sixty-eight poles to a stake on the hill side, south eighty-
five degrees west forty-eight poles, passing along the
northern edge of the cemetery to a stake; thence south
seven degrees east fifteen poles to a stake; thence south
eighty-three and one-half degrees west twenty-two poles
to a stake; thence south fourteen and one-half degrees
east fifty-two poles, passing just west of stable yards to a
ake on north line of railroad limit; thence following the
rth side of the railroad limit north eighty-seven degrees
at fifty-four and two-fifths poles to the beginning, mak-
gin all the reservations, twenty-four acres. But it is
presslvy provided that this reservation is to be held sub-
ct to condemnation for roads, works of internal improve-
ent and other objects as provided by law, in like manner
:real estate held by individuals. Thereupon said lien
) the preamble hereinbefore referred to shall be deemed
ischarged, and a release thereof shall be executed by
uid auditor or other proper officer.

2. The said real estate so to be conveyed to the board of
ublic works shall be held and disposed of by said board
nder the provisions of chapter fifty-eight of the code of
‘irginia.

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

HAP. 52.—An ACT to amend and re-enact section 3419 of chap-
ter 167 of the code of Virginia, 1887, in reference to the powers
of a personal representative of a dead trustee.

—

Approved February 7, 1890.

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

$3419. When a trustee in a will, deed, or other writing
dies, or removes beyond the limits of the state, or declines
to accept the trust, or, when having accepted, he resigns
the same (as he may be allowed to do), the circuit, county,
or corporation court in which such will was admitted to
probate, or such deed‘or other writing as or might have
been recorded, may, on motion of any person interested,
appoint a trustee or trustees in the place of the trustee
named in such instrument. A motion under this section
shall be after reasonable notice to all persons interested
in the execution of such trust other than the plaintiff in
such motion.

3. “A surviving trustee or” the personal representative of
a sole or surviving trustee shall execute the trust, or sc
much thereof as remained unexecuted at the death of such
trustee (whether the trust subject be real or personal estate ).
unless the instrument creating the trust direct otherwise.
orsome other trustee be appointed for the purpose by a
court of chancery having jurisdiction of the case.

4. This section shall not apply to any case provided for
by section one thousand four hundred and twenty-three.

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

a6 Ps
CHuapP. 53.—An ACT to allow the trustees of William and Mary
college to establish a lost bond issued by the commonwealth of
Virginia, for one thousand dollars, and numbered 4083, to Hugh
Blair Grigsby, under acts of the general assembly, and donated
by said Grigsby to said college, and to pay the interest on the
same,

Approved February 8, 1890.

Whereas, by the act of the general assembly of Virginia
of March third, eighteen hundred and eighty-two, it is
provided that the colleges and other literary institutions
of this state shall be paid all interest which has accrued,
or may hereafter accrue, on the obligations of the state
held by them, as to which they may have been entitled
on the first day of January, eighteen hundred and eighty-
two; and whereas it satisfactorily appears that William
and Mary college was entitled, prior to the said first day
of January, eighteen hundred and eighty-two, to a regis-
tered bond of the commonwealth of the sum of one thou-
sand dollars, bearing the interest of six per centum, pay-
able semi-annually, issued by the commonwealth to the
late Hugh Blair Grigsby, under the act of the general
assembly of March the first, eighteen hundred and forty-
seven, and numbered four thousand and eighty-three,
which bond was donated to the said college by the said
Hugh Blair Grigsby upon certain conditions, which con-
ditions have been complied with; and whereas it appears
further that the said bond has been lost; now, therefore,

1. Be it enacted by the general assembly of Virginia,
That the accrued interest on the said bond, amounting on
the first day of January, eighteen hundred and ninety, in
the aggregate to the sum of eleven hundred and ten dol-
lars, and that which may hereafter accrue, shall be paid
to the said college of William and Mary in the same man-
ner as interest is paid to the colleges and other literary
institutions of the state, and that the second auditor and
treasurer of the commonwealth issue to the college of
William and Mary a proper certificate in place of said
lost bond, and credit the said certificate to the said col-
lege, and debit it to the said Hugh Blair Grigsby, deceased,
or his personal representative, on the books of their offices,
respectively.

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