Chap. 46.—An ACT to amend and re-enact Section 644 of the Code of Virginia,
as heretofore amended, relating to the re-payment of loans made by school
hoards of counties and cities from the literary fund, so as to include certain
towns within the provisions of the said section. [S B 77]

Approved March 1, 1938

1. Be it enacted by the General Assembly of Virginia, That sec-
tion six hundred and forty-four of the Code of Virginia, as heretofore
amended, be amended and re-enacted so as to read as follows:

Section 644. The board of supervisors, council or other governing
body of any county, city or town operating as a separate school district,
in which the school board thereof has borrowed money from the liter-
ary fund, shall include in its levies, or appropriate a fund sufficient, as
the case may be, to meet its liabilities on such contract, and in the
event that such school board shall fail to pay any installment of inter-
est or principal promptly, upon notice in writing to that effect from the
State treasurer, the county, city or town treasurer shall pay to the
‘State treasurer any such past due installment of interest or principal,
out of the funds in his hands belonging to such county, city or town.
The failure of such board, council, or other governing body to pro-
vide for the payment of such loan, or the interest thereon, when and
as due, shall be deemed a cause for removal of the members thereof
from office on motion before the circuit or corporation court of such
county or city, or the circuit court of the county in which such town
is located, instituted by the attorney for the Commonwealth of such
county or city, or by the attorney general where the attorney for the
Commonwealth refuses or neglects to act after demand is made on
him. to proceed. ,

2. An emergency existing, this act shall be in force from its pas-
sage.

Chap. 47—An ACT to authorize and empower the City of Suffolk to enlarge
Cedar Hill Cemetery, located in the City, and, for that purpose, to authorize
and empower said City under certain conditions to acquire by condemnation
or otherwise, land in said City adjacent to said cemetery. [S B 83]

Approved March 1, 1938

Whereas, nearly all burial lots in Cedar Hill Cemetery, located in
the city of Suffolk, Virginia, and under the control of, and maintained
by the city, have been disposed of, it being the only cemetery in or
near the said city available for the burial of white persons; and

Whereas, there is sufficient land adjacent to said cemetery, peéculi-
arly adapted to cemetery purposes and being a part of the rear portion
of certain lots fronting on Main Street and of certain lots fronting on
Milner Street, to justify the enlargement of said cemetery thereby
serving the need of the city in respect to burial lots for many years;
therefore,

1. Be it enacted by the General Assembly of Virginia, That the
said city is hereby authorized and empowered to provide for the en-
largement of said Cedar Hill Cemetery, and, to that end, the said city
is hereby authorized to acquire by condemnation or otherwise such
part of the aforesaid land adjacent to said cemetery as may be deemed
necessary or advisable by the council of the city; provided, however,
that no part of said cemetery, when enlarged as aforesaid, shall be
within ninety (90) feet of any residence without the consent of the
owner of the legal and equitable title of such residence, and provided
further that the provisions of chapter one hundred and seventy-six of
the Code of Virginia, as now existing or hereafter amended, for con-
demnation of land thereunder so far as applicable shall apply to con-
demnation proceedings by the city hereunder. The title to any land
acquired by condemnation hereunder shall vest in the city of Suffolk.

2. An emergency existing, this act shall be in force from its pas-
sage.