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of the district in which the pauper resides by and with the consent of the board of supervisors of the county. And in any county the overseer of any district, by and with the consent of the board of superrisors of the county, may provide assistance for any person or the family of any person who is unable to support himself or family at his place of residence when it would be injudicious that such person or family should be moved to the place of general reception. The cridence of the consent of said board of supervisors shall be an order of record made at its regular or called meeting setting forth the extent of such assistance. The expenses attending the keeping of such poor outside of the place of general reception shall be certified to the board of supervisors by the overseer providing such assistance and be provided for in their annual levy: provided, however, it shall be the duty of the board of supervisors to provide for each magisterial district a contingent fund not to exceed fifty dollars for any one year, which shall be under the control of the overseer of the poor and the member of the board from each district, to be used for cases of emergency.

Sec. 885 a. To provide more effectually for the punishment of vagrants.—Whenever any person is apprehended or arrested in any city or town as a vagrant under section eight hundred and eighty-four of the code of Virginia it shall be unlawful for said authorities to discharge said person upon condition that such person leave said city or town, but shall proceed as and only as provided by section eight hundred and eighty-five of the code of Virginia.

Sec. 886. Payment of costs and expenses.--All costs and expenses incurred under the preceding section and under section eight hundred and eighty-four shall be paid out of the hire of such vagrant if sufficient, and if not sufficient one-half of the deficiency shall be paid by the county or corporation, but such costs and expenses shall in no case be paid by the commonwealth.

1895-6, p. 860.

As Amended 1897-8, p. 400.

CHAPTER XXXIX.

As Amended 1893-4, p. 397.

OF SHERIFFS, SERGEANTS, CORONERS, AND CONSTABLES. Sec. 890. Sheriff of city of Richmond, his election, qualification, and bond; duties, powers, liabilities, and emoluments.—There shall be elected at the charter election in May, eighteen hundred and ninetyfour, and every four years thereafter, by the qualified voters of the city of Richmond, one sheriff, who shall on or before the first day of July next succceding his election qualify before the circuit court of said city or the judge thereof in vacation and give bond with surety in such penalty as may be required by the said court or judge, so that the same be not less than twenty thousand nor more than fifty thousand dollars. If such qualification be in vacation the certificate thereof and the bonds shall be returned to the clerk of the said circuit court, who shall enter the said certificate in the order book of the said court and record the said bond. The said court may, whenever in its opinion it is necessary for the protection of the public interest, upon a rule awarded against such officer, require him to give a new bond or an additional bond. If the said sheriff shall fail to qualify and give bond on or before the first day of July next succeeding his election, or shall fail to give a new bond or an additional bond within ten days after an order shall have been made requiring the same to be given, in either case his office shall be deemed vacant. Such new bond or additional bond may be given in court or before the judge thereof in vacation, and when given in vacation the judge shall certify the fact and

return the bond to the clerk of his court, who shall file and record the same in his office. The said sheriff shall attend the circuit court and the chancery court of the said city and act as the officer of said courts.

He shall exercise the same powers, perform the same duties, have the same fees and compensation therefor, and be subject to the same penalties touching all process issued by said courts or by the clerks of said courts, or otherwise lawfully directed to him, that the sheriff of a county exercises, performs, and is entitled or subject to in his county. The circuit and chancery courts of the said city, respectively, shall have authority to make such allowance to the said sheriff for services in attending said court as may to them seem reasonable : provided, that the whole compensation so allowed shall not exceed twelve hundred dollars.

Sec. 891. Coroners, how appointed and removed.—The judge of each As Amended corporation and county court of the state shall, on the first day of July, eigh- 1895-6, p. 696. teen hundred and ninety-six, and every two years thereafter, appoint for his city or county, as the case may be, one person, who shall be the coroner of such city or county, who shall qualify according to law and serve until his successor is appointed and qualifies. If the court shall be of opinion that one coroner is not sufficient he may appoint as many more as to him may seem proper. Coroners may be removed from office as provided in section eight hundred and twenty-one of this code for the removal of certain oflicers.

Sec. 893. [89 Va. 438.]

Sec. 894. [89 Va. 438.]

Sec. 895. [89 Va 438. ]

Sec. 895 a. Granting the superintendent of any fair grounds or 1887-8, p. 296. cemetery the same powers as a constable for certain purposes in such fair grounds or cemetery.—The superintendent or other person in charge of any fair grounds or any public or private cemetery shall, for the purpose of maintaining order and enforcing the criminal and police laws of the state or the corporation in which said fair grounds or cemetery is situated, have all the powers, functions, duties, responsibilities, and authority of a constable within the fair grounds or cemetery over which he may have charge and within one-quarter of a mile around the same.

Sec. 900. (89 Va. 826.]

Sec. 904. Growing crops not liable to distress or levy except, &c.— As Amended No growing crop of any kind (not severed) shall be liable to distress or

1889-90, p. 116. levy except India corn, which may be taken at any time after the fifteenth day of October in any year, and also except sweet potatoes and Irish potatoes over five barrels of each variety may be distrained or levied upon for rent after the same have been matured sufficiently to sever or to market.

Sec. 907. Mules, oxen, and horses; when and where sold.-If such

As Amended goods and chattels be mules, work oxen, or horses they shall be sold at the 1887-8, p. 222. court-house of the county or corporation between the hours of ten in the morning and four in the afternoon. The sale shall be on the first day of the term of the court thereof next succeeding that at which they may be advertised, except where the parties shall at or before the time for advertising the same in writing authorize the officer to dispense with the provisions of this section, in which case the sale shall be according to the

preceding section; and except also that sales of such mules, work oxen,
and horses taken within the city of Lynchburg shall be made in front of
the market house in the said city.

Sec. 909. [85 Va. 378.]
Sec. 910. [93 Va. 327.]
Sec. 912. [93 Va. 327.]

CHAPTER XL.

OF SURVEYORS.

As Amended 1889-90, p. 53.

Sec. 913. Who disqualified to be surveyor.-No clerk or deputy clerk of any county court shall hold the office of surveyor or deputy surveyor in the same county except in the counties of Nansemond, Isle of Wight, Alexandria, Accomac, and Northampton.

CHAPTER XLI.

OF TIIE APPOINTMENT OF NOTARIES WITHIN AND COMMISSIONERS WITHOUT THE

STATE.

As Amended Sec. 923. Appointment of notaries public; their term and bonds; to 1897-8, p. 928. Previous be conservators of the peace; what to vacate their offices; clerks to

Amendment inform governor of vacancies.—The governor shall appoint in and for 1891-2, p. 442.

the separate counties and cities of the state as many notaries as to him
shall seem proper, who shall hold office for the term of four years and who
shall exercise the powers and functions of conservators of the peace, and
he may appoint the same person to serve for two or more counties and cities:
provided, that notaries in cities and in counties in which cities or parts
thereof are located shall have authority to act as such in each of said lo-
calities or for one county and city. Every notary shall give bond in the
county court of the county or hustings court of the city for which the said
notary is appointed, or before the judge of such court in vacation, within four
months from the date of said notary's commission in a penalty of not less
than five hundred dollars, and the clerk of said court shall immediately
forward a certified copy of said bond to the secretary of the common-
- wealth. The removal of a notary from the county or corporation in which
said notary resides when appointed, unless such removal be into another
county or city for which said notary may have been also appointed, shall
be construed as a vacation of said oflice, and the clerk of said county or
city shall at once inform the governor of the fact as well as of all deaths
of notaries that may occur.

2. It shall be the duty of the secretary of the commonwealth when a commission is ordered by the governor to send the same to the clerk of the court of the county or city in which the notary public is required to qualify, to be delivered by him to the notary public after said notary public has given bond and taken the oath of oflice, and the clerk of the court in which this is done shall be required forth with to report the fact to the secretary of the commonwealth, who shall be required to keep a book stating the names and number of notaries public, when appointed, and when qualified.

CH. 42.] COURT-HOUSES, CLERKS' OFFICES, JAILS, ETC.

99

CHAPTER XLII.

OF COURT-HOUSES, CLERKS' OFFICES, JAILS, AND JAILERS.

Sec. 925. [91 Va. 209; 93 Va. 615.]

Sec. 928. [93 Va. 14.]

Sec. 928 a. Control of prisoners in jail.-It shall be unlawful for any As Amended person other than the officers of the law in charge of the prisoners, the 1895,6; : 583: counsel of the prisoner, or such other persons as may be authorized by the 1889-90, p. 66. court in whose custody said prisoner may be, to hold any communication, by word, sign, or writing, with said prisoner or prisoners confined in any jail in the commonwealth of Virginia except in the presence of the sheriff or his deputies or of the jailer regularly in charge of said prisoner or prisoners, and any person violating or attempting to violate this act, or any sheriff, deputy, or other person in charge of said prisoner or prisoners knowingly allowing any violation of the same shall be guilty of a misdemeanor, and upon conviction thereof be fined not less than five nor more than fifty dollars.

Sec. 929. Inspection of jail.-The board of supervisors and jail physi- As Amended

1897-8, p. 495. cian, if any, of each county in the state once every three months shall inspect the jail of said county.

In every city having a corporation court with a jail separate from the county jail the judge of the corporation court shall once every three months appoint a committee of three discreet freeholders, one of whom shall be a physician, whose duty it shall be to inspect said jail. The judge of the county court shall administer an oath to the board of supervisors, and the judge of the corporation court shall administer an oath to the committee appointed by him, which oath shall be as follows :

“ You shall report to the court as to the jail in this county (or city), the size thereof, the number of apartments, and its state or condition, whether it is in all respects such as required by section nine hundred and twentysix, and if not in what it is deficient. You shall also diligently examine and truly report whether or not the jailer has during the last three months faithfully performed the duties required of him in section nine hundred and twenty-eight, and if he has not in what respect has he failed to perform the same." The said inspectors shall make quarterly inspections and reports as above provided, and shall be furnished with a copy of said vath and of said sections. If they make a report which fails in any respects to conform to said oath it shall be recommitted to them until they fully report upon all of said matters.

If it is deemed necessary by said board of supervisors in counties where there is no jail physician they shall appoint a physician to accompany them, who shall give his opinion as to the sanitary condition of the jail, which opinion shall be embodied in the report. The supervisors shall not hold a special meeting for the purpose of making the inspection herein provided for but at meetings held for other purposes. Said supervisors and jail physician shall receive no additional pay for the services hereby in posed.

Sec. 935 a. Sheriffs and sergeants of the counties and cities of this 1895-6, p. 150. state to report to the courts the number of prisoners confined in their respective jails.-It shall be the duty of the respective sheriffs and sergeants of the counties and cities of this state on the first day of each term

of the county and corporation courts to make a report to the judge thereof showing the number of prisoners in jail on that day, which report shall show the name, date of commitment, offence, and sentence of each prisoner, and said report shall be entered on the order book of the said court.

CHAPTER XLIII.

OF COUNTY ROADS, CAUSEWAYS, AND BRIDGES; OF LANDINGS AND WHARVES.

As Amended Extra Session

1887, p. 53.

Sec. 954. Area of landing; where road or landing not to be located. Not more than one acre of land shall be condemned for any landing, and no road or landing shall be established upon or through any lot in an incorporated town without the consent of the proprietor thereof, or through the lands of any cemetery or through the lands of any seminary of learning without the consent of the owners thereof or the corporate authorities: provided, however, that in any case where such incorporated town is from any cause without corporate authorities the county court of the county in which such incorporated town is located may exercise the same powers conferred by this section upon the corporate authorities of such town.

Sec. 956. [Amended as to Dinwiddie county. Acts 1889-'90, page 872.] 1895-6, p. 725. Sec. 961 a. To authorize land owners to erect and maintain gates

across private roads.-Any person owning land over which another or others have a private road or right of way may erect and maintain gates across such roads or right of way at all points at which fences extend to such roads on each side thereof. And if any person, without permission of the owner of such gate or of the land on which the same is located, leave such gate open he shall forfeit not less than one nor more than five dollars, to be recovered before a justice of the peace: provided, that this act shall not apply in any case in which by contract it is provided that no gate shall be erected,

Sec. 963. [Amended as to Dinwiddie county; acts 1889-'90, page 872. Repealed as to James City county; acts 1893–'4, page 492.]

Sec. 967. [Amended as to Dinwiddie county; acts 1889-'90, page 872. Repealed as to James City county; acts 1893-'4, page 492.]

Sec. 972. [Repealed so far as it relates to supervisors of James City county. Acts 1893–24, page 492.]

Sec. 973. [Repealed so far as it relates to supervisors of James City

county. Acts 1893–'4, page 492.] As Amended Sec. 978. Levy of road tax; how limited, how collected,' and how 1893-4, p. 821,

expended.—The board of supervisors of each county shall annually levy, Amendment along with the county levy, a tax upon the property, real and personal, die county assessed for taxation in the several magisterial districts of their county, 1889-90, p. 872. which shall be applied to the working, keeping in order, and repairing the

public roads and bridges in such districts and compensation of the surveyors and supervisors provided for by sections nine hundred and sixty-seven and nine hundred and seventy-three. Such tax shall not be less than five nor more than twenty cents upon every one hundred dollars in value of such property, and the same shall be collected, accounted for, and paid out on the warrant of the board as if it were a county levy, except that the fund collected from each magisterial district shall be kept separate by the county treasurer, and different rate of tax may be prescribed for ditferent

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