districts in the same county. The amount collected in each district shall be expended therein. This act shall not apply to any county having a special road law.

[This section repealed so far as it relates to supervisors of James City county. Acts 1893-'4, page 492]

Sec. 979. [Unconstitutional. Profitt vs. Anderson, 20 S. E. 887.]

1891-2, p. 962.

Amendment as to Dinwiddie county 1889-90, p. 873.

Sec. 980. To work when notified; fine for failure; how fine col- As Amended lected or released; duty of collecting officer.-Every person liable to Previous road duty shall, either in person or by a sufficient substitute, when notified by the proper surveyor, his deputy or agent, attend with proper tools and work the roads on such days as the surveyor, his deputy or agent, shall direct. For every day on which there may be a failure a fine of seventyfive cents shall be paid to the surveyor within thirty days thereafter by the person in default if of full age, or if an infant by his parent or guardian. If the fine be not paid the surveyor shall make out a ticket against the delinquent party for the amount thereof, with an addition of twenty-five cents as a penalty for each day of such failure, which ticket shall be collected by such surveyor or his deputy, and such surveyor or his deputy having charge of the collection of such fine may distrain therefor or otherwise collect the same in the mode prescribed by law for the collection of taxes and county levies, with the right to collect the same fees or commissions as are now allowed to sheriffs on the collection of executions. In addition thereto said surveyor or his deputy shall account for all fines collected by him, retaining the costs aforesaid: provided, however, that such delinquent may after notice to such surveyor or his deputy apply to the county court or judge thereof in vacation or to the supervisor of his district, and for good cause shown have said fine remitted; or such delinquent may at any time within thirty days after said ticket is so made out against him discharge said fine by labor upon the roads of his precinct, and such surveyor or his deputy shall return to the board of supervisors at their February meeting in each year a list of all fines so collected and a list of all delinquents, which list shall be passed upon by the board, and for such amount thereof as may not be approved by the said board such surveyor or his deputy, as the case may be, shall be liable, and shall forthwith pay the same, to be applied to working the roads in such surveyor's district: provided, however, this act shall not apply to any county until the board of supervisors shall adopt the same.

Sec. 986. Compensation to owner in such case. If the owner or As Amended tenant of any such land shall think himself injured thereby a justice, 1887-8, p. 258. upon application to him, shall issue a warrant to three freeholders requiring them to view said lands and ascertain what is a just compensation to such owner or tenant for the damage to him by reason of anything done under the preceding section. The said freeholders, after being sworn, shall accordingly ascertain such compensation and report the same to the board of supervisors. Said board may allow the full amount reported by said freeholders or so much thereof as upon investigation they may deem reasonable, subject to such owner or tenant's right of appeal to the court as in other cases. And an allowance shall be made in the next county levy for the amount finally ascertained to be due for such damages.

Sec. 988. [Amended as to Dinwiddie county. Acts 1889-90, page 874.]

Sec. 989. [88 Va. 843.]

Sec. 990. [88 Va. 843.]

As Amended 1891-2, p. 400.

As Amended 1891-2, p. 975.

Sec. 992. Notice for proposals.-The commissioners to receive proposals for any work shall publish notice in a newspaper for four successive weeks or at the front door of the court-house on court day and at three or more public places in the neighborhood where the work is to be done that proposals for such work will be received in writing on the first day of the next court or on such subsequent day as may be mentioned in the notice. The notice shall describe the work to be done, state out of what fiscal year's levy it is to be paid for, and require such specifications to be made in the proposals as the commissioners may determine on.

Sec. 1007. Condition in which surveyors to keep roads; sign= boards; foot and other bridges.-Every such surveyor shall superintend and have the roads in his district worked within the time between the first day of April and the last day of June and at least one day in October of each year; cause the same to be kept cleared, smoothed of rocks and obstructions, of necessary width, well drained, and otherwise in good order and secure from the falling of dead timber therein. He shall cause to be placed and kept at the fork or crossing of every road a sign-board, on which shall be stated in plain letters the most noted place to which each road leads, and across every stream where it is necessary and practicable a sufficient bridge, bench, or log for the accommodation of foot passengers. When any more important bridge or causeway is necessary and it is practicable for him to have it made he shall cause it to be made twelve feet broad at the least and safe and convenient. Every bridge or cause way in his precinct shall be kept by him in as good order as the means in his power will permit; and for all these purposes he shall have power and it shall be his duty to enroll all persons liable to road service who are not exempt by law and who shall have resided ten days within the boundary from which his hands are allotted: provided, that this act shall apply to no county having a special road law.

1891-2, p. 934.

CHAPTER XLIV.

OF CITIES AND TOWNS.

Sec. 1013 a. Enumeration of the population of towns claiming to have five thousand or more inhabitants with a view of being chartered as cities in accordance with the constitution.—1. Any town in the state claiming to have a population of five thousand or more and wishing to be incorporated as a city may, through its mayor and council, apply to the county court of the county in which it is situated or to the judge thereof in vacation to have a legal enumeration of its population. When said application is made it shall be the duty of said court or the judge thereof in vacation forthwith to divide such town into four districts, with well-defined boundaries, numbered one, two, three, and four, and to appoint for each of said districts two enumerators, one of whom shall be a resident of the county in which said town is situated outside of said town and recommended by the board of supervisors of said county, and the other a resident of said town and recommended by the council thereof. In the absence of recommendations the judge must proceed to make the aforesaid appointments. Before entering on their duties they shall take an oath before some notary public or other officer qualified to administer oaths under the laws of this state for the faithful discharge of their duties.

2. The said enumerators shall at once proceed to enumerate the actual bona fide inhabitants of their respective districts. They shall report to the said judge the result of their enumeration and a list of the persons

enumerated by them. If they shall disagree as to whether a person or persons shall be enumerated they shall report their disagreement to the said court or the judge thereof in vacation, who shall take evidence and determine whether the said person or persons are actual bona fide inhabitants of said town. If he shall find they are he shall add their names to said list.

3. The said court or the judge thereof in vacation shall cause to be tabulated and consolidated said lists showing the whole number of inhabitants in said town and enter the result thereof in the record of his court, the costs of which shall be the same as is paid for like work in other proceedings.

4. The said judge shall allow each enumerator three dollars per day for each day actually employed by him in making said enumeration. He shall certify the allowance to the enumerators and costs to the council of said town for payment out of the town treasury, and the same shall be a legal charge upon said town.

Sec. 1016. [87 Va. 484.]

Sec. 1017 a. Powers and duties of the police force of the cities and 1897-8, p. 321. towns of the commonwealth of Virginia.-1. The officers and privates constituting the police force of the cities and towns of the commonwealth of Virginia shall be and they are hereby invested with all the power and authority which now belong to the office of constable at common law in taking cognizance of and in enforcing the criminal laws of the said commonwealth and the ordinances and regulations of the city or town, respectively, for which they are appointed or elected; and it shall be the duty of each and every of such policeman to use his best endeavors to prevent the commission within the said city or town of offences against the laws of said commonwealth and against the ordinances and regulations of said city or town; to observe and enforce all such laws, ordinances, and regulations; to detect and arrest offenders against the same; to preserve the good order of the said city or town, and to secure the inhabitants thereof from violence and the property therein from injury.

2. Such policeman shall have no power or authority in civil matters, but he shall in all other cases execute such warrant or summons as may be placed in his hands by any justice of the peace for said city or town, and shall make due return thereof.

3. Such policeman shall not receive any fee or other compensation out of the treasury of the commonwealth or the city or town for any service rendered under the provisions of this act other than the salary paid him by the said city or town; nor shall he receive a fee as a witness in any case arising under the criminal laws of the said commonwealth or under the ordinances or regulations of the said city or town. If, however, it shall become necessary or expedient for him to travel beyond the limits of said city or town in his capacity as a policeman or as a witness he shall be entitled to his actual expenses, to be allowed and paid as is now provided by law for other expenses in criminal cases.

4. Nothing contained in this act shall be construed as prohibiting a policeman from claiming and receiving any reward which may be offered for the arrest and detention of any offender against the criminal laws of this or any other commonwealth or nation.

Sec. 1032 a. Preservation of order at race courses, fair grounds, 1895-6, p. 506. base ball and foot ball parks, &c.-When uniformed police of any city are in attendance at a race course, fair grounds, base ball or foot ball park, and other places where athletic sports are held, situated without

As Amended 1893-4, p. 664.

1897-8, p. 549.

As Amended

1897-8, p. 477. Original Act 1893-4, p. 725.

the corporate limits of any city, they shall, when requested so to do by the management of any such race course, fair grounds, base ball or foot ball park, or any other place where athletic sports are held, or by the county officials or special police appointed to preserve order, assist in the preservation of order and make arrests; and when any arrest is made as herein provided the offender or offenders shall be taken before a justice of the peace in the county where the offence was committed to be by him dealt with according to law.

Sec. 1033. Mayor and council; their powers, duties, and jurisdiction; appeals allowed to county courts.-The mayor, as chief magistrate of the town, shall take care that the by-laws and ordinances thereof be faithfully executed. He and the other members of the council shall each be clothed with all the powers and authority of a justice in civil matters within the corporate limits of the town, and in criminal matters within said limits and one mile beyond same; and shall have power to issue process, hear and determine all prosecutions, cases, and controversies which may arise under the by-laws and ordinances of the town; impose fines and inflict punishments when and wherever they are authorized by the said by-laws and ordinances, and issue executions for the collection of said fines; and appeals may be taken to the court of the county from their decisions in both civil and criminal matters in the same manner, upon the same terms, and be tried in the same way as appeals from the decision of a justice are taken and tried in like cases, except that no appeal shall be granted from the decision of the mayor or the member of the council trying same imposing a fine for the violation of any of the ordinances or by-laws of said town for offences not made criminal by the common law or the statutes of Virginia until and after bond be given by the person so fined, with security approved by the officer imposing the same or the mayor, conditioned to pay all fines, costs, and damages that may be awarded by the said court on appeal; the penalty of said bond to be double the sum sufficient to pay all such fines, costs, and damages. Should the decision of the officer rendering the same be affirmed, in whole or in part, the said court shall enter judgment against the said principal and surety for the amount so affirmed, with costs, before the officer trying the same, and the costs of the appeal and execution shall be issued thereon in the name of the town against both principal and surety.

Sec. 1038. [82 Va. 324; 88 Va. 992; 92 Va. 283.]

Sec. 1038 a. To exempt those engaged in the publication of newspapers from being required to obtain a license for the privilege or right of printing or publishing the same in the cities, towns, and counties in this state.-The councils of any incorporated city or town or board of supervisors of any county in this state shall not require a license to be obtained for the privilege or right of printing or publishing any newspaper in said cities, towns, or counties. But this act shall in no manner be construed so as to exempt those so engaged in the publication of newspapers from the payment of tax upon the plant, machinery, capital, or other property so used in such business or upon the income derived therefrom.

Sec. 1038 b. To authorize the city councils of cities to adopt reasonable ordinances to prevent improper interference of scholars attending or boarding at any female school situated in cities.— The city council of any city or the town council of any town may adopt any reasonable ordinance necessary to prevent any improper interference with or annoyance of the scholars attending or boarding at any female school situated in such city or town.

Sec. 1038 c. To authorize and empower the corporate authorities 1893-4, p. 796. of the incorporated cities and towns of this commonwealth to contract with any sewerage or water purification company, &c.— The corporate authorities of any incorporated city or town of this commonwealth shall have power and authority to contract with any sewerage or water purification company to introduce, build, maintain, and operate a system or systems of sewerage and water purifications, or of sewers, pipes, and conduits suitable, necessary, and proper for the purification of the water supply or for the sewerage of any such city or town; and shall have power also to require the owners or occupiers of the real estate within the corporate limits of any such city or town which may front or abut on the line of any such sewers, pipes, or conduits as aforesaid, to make such connections with and to use such sewers, pipes, and conduits under such ordinances and regulations as the corporate authorities of any such city or town may deem necessary to secure the proper sewerage thereof and to improve and secure good sanitary conditions, and shall have power also to enforce the observance of all such ordinances and regulations by the imposition and collection of fines and penalties, to be collected for the use of any such city or town as other fines and penalties under their respective charters. The corporate authorities of any incorporated city or town of this commonwealth contracting with any company for the objects and purposes aforesaid shall have power and authority to provide in any such contract for the charges and fees to be paid by the owners or occupiers of the properties within the corporate limits of any such city or town to any such company for connecting with, tapping, or using any such sewer, pipes, or conduits introduced in any such city or town as aforesaid; and shall have power also to make and pass all such ordinances and to enforce the same as may be necessary and proper to compel the payment of said fees and charges by the imposition and collection of reasonable fines and penalties, to be collected for the use of any such city or town as other fines and penalties under the provisions of their respective charters; and shall have power also to do all other acts and things that may be necessary to establish, enforce, and maintain under any such contract a complete system of water and sewerage purification and sewerage for any such city or town. Sec. 1039. [82 Va. 324.]

Sec. 1040 a. Taxation of shares of stock issued by banks located 1889-90, p. 111. in counties and cities.-1. Hereafter each county or city in which any bank, either national or state, is so located may, subject to the conditions mentioned below, tax all the shares of stock issued by any such bank so located within its limits at the same rate as is assessed upon other moneyed capital in the hands of individuals residing in such county or city.

2. That in so taxing said shares the said county or city authorities, respectively, shall follow the mode of assessment and manner of collection prescribed by statute for the collection of state taxes upon said shares.

3. Whenever any commissioner of the revenue, before closing his assessment rolls or tax lists, shall receive from the cashier of a bank furnishing a list of the holders of bank stock as required by law for the purposes of state taxation or from the owner of any stock mentioned therein a certificate of the commissioner of the revenue of the county or city of the state in which the owner of such stock lives stating that certain shares of the stock mentioned in said list are owned by a resident of that county or city and that the same have been returned for taxation for that year in such city or county, then the said commissioner of the revenue to whom the said list of the holders of such bank stock has been furnished shall deduct from the aggregate value of the shares set forth in said list the aggregate