CHAPTER 314

An Act to provide for determining the validity of certain bond issues;
and to repeal certain acts.
[H 531]

Approved March 17, 1954
Be it enacted by the General Assembly of Virginia:

1. § 1. The provisions of this act shall apply to all suits, actions and
proceedings of whatever nature involving the validity of bond issues of any
political subdivision, whether the bonds are to be issued following an
election on the question of their issuance or without necessity of such elec-
tion. They shall supercede all other acts and statutes on the subject and
be controlling in all such cases, notwithstanding the provisions of any other
law or charter to the contrary.

§ 2. The term “bonds” shall mean bonds, interim certificates or other
obligations issued or to be issued by any political subdivision.

§ 3. No action shall lie nor proceeding be brought to contest the
validity of any such bonds unless the same be brought within twenty-one
days next after the final passage of the resolution or publication of the
ordinance of the governing body authorizing such bond issue and fixing
the form and details thereof.

§ 4. The governing body of any political subdivision proposing to
issue bonds may bring at any time a proceeding to establish the validity
of such bonds in any court of the county or city having general jurisdiction
and in which such political subdivision is located. Such proceeding shall
be brought by filing a motion for judgment describing such bonds and the
proceedings had relative to the issuance thereof and alleging that such
bonds are valid and legal obligations of the issuing political subdivision.
In such motion for judgment the taxpayers, property owners and citizens
of the issuing political subdivision, including nonresidents owning prop-
erty or subject to taxation therein, and any other persons affected by or
interested in the issuance of such bonds, shall be made parties defendant.

§ 5. All such parties shall be served by publishing such motion
for judgment once a week for two consecutive weeks in some news-
paper published in or having general circulation in such county, city or
town. Upon the filing of any such motion for judgment the court shall
enter an order requiring the publication thereof and at the same time shall
fix a time and place for hearing the proceeding, which time and place shall
be published with the motion for judgment.

6. Any person, corporation, or association desiring to contest any
such bond issue shall proceed by motion for judgment brought in the court
having jurisdiction as provided in § 4. Upon the filing of any such
motion for judgment the court shall fix a time and place for hearing the
proceeding and shall forthwith enter an order requiring the publication
of the motion for judgment, together with the time and place of such
hearing, once a week for two consecutive weeks in some newspaper pub-
lished in or having general circulation in such county, city or town. In
addition to such publication, the plaintiff must secure personal service on
cf least one member of the governing body of the issuing political sub-

ivision.

§ 7. Any party defendant may reply to such motion for judgment
within ten days after the second publication thereof as required by § 5 but
not thereafter. Any property owner, taxpayer, citizen or other person in
interest may become a party to said proceedings by pleading to the motion
on or before the time set for hearing as provided by § 5, or thereafter by
intervention upon leave of court. At the time and place designated in the
order for hearing as provided for in § 5, the judge shall proceed to hear
and determine all questions of law and fact in said cause and may make
such orders as to the proceedings and such adjournments as will enable
him properly to try and determine the same and to render a final decree
therein with the least possible delay. The proceedings shall take precedence
over all other business of the court. ,

§ 8. Upon motion of the plaintiff or the issuing political subdivision
the court in which the first proceeding to invalidate or sustain the bonds
was instituted may enjoin the commencement by any person, corporation
or association of any other action or proceeding involving the validity of
the bonds, and may order a joint hearing before it of all such issues then
pending in any actions or proceedings in any court in the State, and may
order all such actions or proceedings consolidated with the validation
proceeding pending before it, and may make such orders as may be neces-
sary or proper to effect consolidation and as may tend to avoid unnecessary
cost or delays. Such orders shall not be appealable.

§ 9. From the final judgment of the court an appeal shall lie to the
Supreme Court of Appeals. No such appeal shall be allowed unless the
petition therefor be filed within thirty days next after the date on which
the judgment of the court is entered and only then if the party taking the
appeal has the record certified to the Supreme Court of Appeals and his
brief filed therein within sixty days next after the date on which the
judgment of the court is entered. If the appeal be timely and otherwise
in conformity herewith and if the Supreme Court of Appeals allows the
appeal the same shall be placed on the privileged docket.

§ 10. In the event the decree of the court validates the bonds and no
appeal is taken within the time above prescribed, or if appeal is taken and
the decree of the court is affirmed, such decree shall be forever conclusive
and shall constitute a permanent injunction against the institution by any
person of any action or proceeding contesting the validity of the bonds.

§ 11. No court in which a proceeding to invalidate or sustain bonds
is brought shall invalidate the bonds unless it finds substantial defects,
material errors and omissions in the incidents of such bond issue.
Matters of form shall be disregarded.

2. All acts and parts of acts inconsistent herewith are repealed to the
extent of such inconsistency.

3. An emergency exists and this act is in force from its passage.
An Act to amend and reenact § 16-172.29, of the Code of Virginia, relating
to the records of police departments and the Division of Motor Vehicles
as to violations committed by juveniles. (H 657]

Approved March 17, 1954
Be it enacted by the General Assembly of Virginia:

1. That § 16-172.29, of the Code of Virginia be amended and reenacted
as follows:

§ 16-172.29. The police departments of the cities of the State, and
the police departments or sheriffs of the counties, as the case may be,
shall keep separate records as to violations of law committed by juveniles
and the Division of Motor Vehicles shall keep separate records as to viola-
tions of the motor vehicle law committed by juveniles and such records
shall be withheld from public inspection and shall be exhibited only to
persons having a legal interest therein and with the express approval of
the judge; provided, however, that records of violations of the motor vehicle
laws with reference to the operation of such motor vehicles by juveniles
shall be open to public inspection.