§ 40, ch. 154, Code 1873, amended Commencement CHAP. 3.-An ACT to amend and re-enact section forty of chapter one hundred and fifty-four of the Code of Virginia, edition of eighteen hundred and seventy-three, in relation to corporation judges not able to hold courts-who to hold them. Approved January 3, 1877. 1. Be it enacted by the general assembly of Virginia, That section forty of chapter one hundred and fifty-four of the Code of Virginia, edition of eighteen hundred and seventythree, be amended and re-enacted so as to read as follows: "§ 40. If any judge of a corporation court be unable or fail to attend a regular term of his court, or be prevented from sitting during the whole term, or be so situated, in respect to any cause pending in said court, as, in his opinion, to make it improper for him to try it, any other judge of a corporation court may hold said court, either for the whole term or any part thereof." 2. This act shall be in force from its passage. Recital of issue tor's and treas CHAP. 4.-An ACT to authorize the auditor of public accounts to issue a duplicate warrant on the treasury to R. F. Moss, in lieu of a warrant lost or stolen. Approved January 3, 1877. Whereas, on the seventeenth day of November, eighteen and loss of audi- hundred and seventy-six, the auditor of public accounts issued urer's warrants his warrant on the treasury, in favor of R. F. Moss, sheriff of Louisa county, for the sum of twenty-four dollars and seventyfive cents, for expenses incurred in conveying a prisoner from Louisa county to the penitentiary, and the treasurer gave his check, on the back of said warrant, on the Union bank of Richmond, for said sum, payable to bearer, and whereas said warrant was lost or stolen before reaching the bank, and has never been paid; therefore, Auditor direct plicate, and the treasurer to give his check Proviso 1. Be it enacted by the general assembly, That the auditor ed to issue du of public accounts be and he is hereby authorized and required to issue a duplicate warrant on the treasury, in lieu of said lost warrant, in favor of R. F. Moss, for the sum of twentyfour dollars and seventy-five cents, and that the treasurer be required to give his check on the back of said duplicate warrant for said amount: provided, that said duplicate warrant shall not be issued unless and until said R. F. Moss shall file with the auditor of public accounts bond, with surety to be approved by said auditor, payable to the commonwealth of Virginia, in a sum at least double the amount of the warrant to be issued, and conditioned to secure the State against any loss which may accrue from said lost warrant's coming to the hands of a bona-fide holder. Commencement 2. This act shall be in force from its passage. CHAP. 5.-An ACT to amend and re-enact section three of an act entitled an act to incorporate the Clarke County Co-operative Mercantile Company, approved March 17, 1876. Approved January 3, 1877. March 17, 1876, 1. Be it enacted by the general assembly of Virginia, That $3 of act of section three of an act approved March seventeenth, eighteen amended hundred and seventy-six, be amended and re-enacted so as to read as follows: § 3. The officers of the company shall be a president and two directors from each grange, secretary and treasurer-the secretary to be one of the directors; and the principal place of business of said company is to be in the town of Berryville, Clarke county, Virginia. 2. This act shall be in force from its passage. Commencement CHAP. 6.-JOINT RESOLUTION returning thanks to W. W. Corcoran, Esq., of Washington city, for his munificent gift to the University of Virginia. Approved January 3, 1877. thanks The general assembly of Virginia having learned that W. Resolution of W. Corcoran, Esquire, of Washington city, after many acts of kindness to citizens of the state, and of liberality to her public institutions, has recently given a large sum to her chief seat of learning; and having observed with admiration the conduct of one who has shown the capacity to acquire wealth without injustice, to possess it without ostentation, and to dispense it with no other object than the benefit of his fellow-man, gratefully acknowledge his right to fellowship with those whom the commonwealth has deemed worthy of an enduring place in her annals, as examples to be honored and imitated by her people; therefore, Resolved by the House of Delegates (the Senate concur- To be entered ring), That it be entered of record on the journals of the on Journals general assembly, that W. W. Corcoran, Esquire, of the city of Washington, has entitled himself to the thanks of the commonwealth by his munificent gift to the University of Virginia. Resolved, That his excellency the governor, be requested Governor to to transmit to Mr. Corcoran a copy of this preamble and re- transmit copy solution, engrossed on parchment. 6 $ 17 of act of amended CHAP. 7.-An ACT to amend and re-enact section seventeen of an act entitled an act providing a charter for the city of Norfolk, in force March 16th, 1871. Approved January 3, 1877. 1. Be it enacted by the general assembly, That section sevMarch 16, 1871, enteen of an act entitled an act providing a charter for the city of Norfolk, in force March sixteen, eighteen hundred and seventy-one, be amended and re-enacted so as to read as follows: Commencement § 17. A majority of the members of the council shall conBut on all stitute a quorum for the transaction of business. ordinances or resolutions appropriating money, imposing taxes, or authorizing the borrowing of money, the yeas and nays shall be entered on the journals; and no such ordinance or resolution shall be passed except by a vote of two-thirds of the members of the councils. No vote shall be reconsidered or rescinded at a special meeting, unless at such special meeting there be present as large a number of members as were present when such vote was taken. 2. This act shall be in force from its passage. Preamble CHAP. 8.—An ACT to authorize the sale of Saint John's Episcopal church at the Old Big-Lick, or town of Gainesborough, in the county of Roanoke, directing the reinvestment of the proceeds of such sale, and to empower the vestry of the church to borrow money. Approved January 3, 1877. Whereas it is represented to the general assembly that the congregation and vestry of Saint John's Episcopal church at the Old Big-Lick, or town of Gainesborough, in the county of Roanoke, are desirous of selling said church with the rectory thereto attached for the purpose of erecting a new church in the incorporated town of Big-Lick, in said county, and an advantageous sale has already been made of said property, but an enabling act is necessary to confirm such sale and to authorize a proper conveyance to the purchasers; and whereas it is also represented that it may become necessary for the vestry to borrow money with which to complete the new church, and to secure the repayment thereof by a mortgage upon the church and the lot upon which it stands; I. Be it therefore enacted, That the sale made by the vestry and rectory at of the church and rectory, as to the Old Big-Lick, is hereby ratified and confirmed in accordance with all the terms, stipulations, and covenants of the contract of sale, and the proceeds to be invested in said new church. Sale of church Old Big Lick, by vestry of St. John's P. E. church, ratified Trustees to 2. That whenever the terms of such sale have been fully complied with to the satisfaction of the vestry, it shall be the cial warranty duty of the trustees of said old church and rectory, or the ance with spesurvivors of them, as soon as requested so to do by the vestry, to convey said property by sufficient deed with special warranty to the purchaser or purchasers thereof. resell in case of chaser 3. In the event that the terms of said sale are not per- Authorized to formed by the purchasers, and they refuse to take the pro- non-performperty, or any part of it, then and in that event the said trus- ance by purtees, or the survivors of them, shall have full power and authority to resell the whole or any part thereof, and convey the title thereto with special warranty: provided, however, that such resale and conveyance shall not be made without the consent and approval of the vestry of the church evidenced in writing. ized to borrow cute mortgages 4. Should it be found necessary to borrow money to com- Vestry authorplete the new church in the incorporated town of Big-Lick, money, and the vestry of the church are hereby authorized to do so at a trustees to exerate of interest not exceeding eight per centum, and the trustees of the church or the survivors of them shall immediately, upon the request and direction of the vestry, execute and deliver a proper mortgage or trust deed upon the church and lot on which it stands, to secure the repayment of the money so borrowed, in accordance with the terms of the contract. 5. This act shall be in force from its passage. Commencement CHAP. 9.-An ACT to authorize the board of supervisors of the county of Clarke to issue new bonds for one hundred thousand dollars in lieu of those heretofore issued by said board for the subscription of said board to the capital stock of the Shenandoah Valley railroad company. Approved January 3, 1877. county author new bonds in sued, for sub 1. Be it enacted by the general assembly of Virginia, That Board of superthe board of supervisors of the county of Clarke be and it is visors of Clarke hereby authorized to issue new bonds for the sum of one ized to issue hundred thousand dollars, in lieu of those heretofore issued lieu of others by the said board for the subscription of the said county to heretofore isthe capital stock of the Shenandoah Valley railroad company; scription to said new bonds to be issued of such denominations as said board may see fit, and upon such conditions as may be agreed company on by said board and said railroad company: provided, however, the terms of the original subscription shall be observed and incorporated in the bonds to be issued under this act. 2. This act shall be in force from its passage. Shenandoah Valley railroad Commencement Ch. 12, Sess. Acts 1874, amended Person charged or corporation CHAP. 10.-An ACT to amend the thirty-fourth section of chapter two hundred and two, Code of 1873, as amended by an act entitled "an act to amend the thirty-fourth section of chapter two hundred and two, Code of 1873, with reference to the trial of felonies, approved January 26th, 1874." Approved January 11, 1877. 1. Be it enacted by the general assembly of Virginia, That the twelfth chapter of the Session-Acts of eighteen hundred and seventy-four, entitled an act to amend the thirty-fourth section of chapter two hundred and two, Code of eighteen hundred and seventy-three, with reference to the trial of felonies, be amended and re-enacted so as to read as follows: § 34. Every person charged with felony, and held for trial with felony held in any court, shall be forever discharged from prosecution for three regular the offence, if, in a circuit court, there be three regular terms terms of a circuit court, or of such court; and if in a county or corporation court, there six of a county be six regular terms of such court after he is so held without court, to be dis- a trial; unless the failure to try him was caused by his insanity, or by the witnesses for the commonwealth being enticed or kept away, or prevented from attending by sickness or inevitable accident, or by a continuance granted on the motion of the accused, or by reason of his escaping from jail or failing to appear according to his recognizance, or of the inability of a jury to agree in their verdict. charged Exceptions Commencement 2. This act shall be in force from its passage. CHAP. 11.-An ACT to amend and re-enact sections two and five of an act to provide for the working of roads in the counties of Shenandoah, Page and Rockingham. Approved January 11, 1877. § 2 and 5, act February 17, Road commis for the counties 1. Be it enacted by the general assembly of Virginia, That 1876, amended sections two and five of an act to provide for the working of roads in the counties of Shenandoah, Page and Rockingham, approved February seventeenth, eighteen hundred and seventy-six, be amended and re-enacted so as to read as follows: § 2. That for each magisterial district in the counties of sioners provided Shenandoah, Page and Rockingham, there is hereby created of Shenandoah, and established a board, consisting of the supervisor, a commissioner of roads, and one of the justices of the peace of said district, which board shall have exclusive control, as hereinafter provided, of the roads, bridges, and ferries within the Application of limits of said district. And all taxes levied for road purposes and for building and repairing bridges shall be expended in said magisterial district, except as hereinafter provided. Page, and Rockingham Jurisdiction road levies |