CHAP. 72.-An ACT to amend and re-enact an act approved February 10, 1876, as amended and re-enacted by an act approved March 27, 1876, entitled an act for the relief of township creditors. Approved February 6, 1877. Whereas it is represented to the general assembly, That Preamble some of the late township boards in this state failed to provide for the payment of the debts of their respective townships before the first of July, eighteen hundred and seventyfive, when the powers of the said boards ceased, and there being now no legal mode of providing for the same; therefore, 1. Be it enacted by the general assembly of Virginia, That Act of March section one of the act approved February tenth, eighteen amended hundred and seventy-six, as amended by an act approved March the twenty-seventh, eighteen hundred and seventysix, and sections two, three, four and five, entitled an act for the relief of township creditors, be amended and re-enacted so as to read as follows: 27, 1876, &c., of supervisors against late against delin § 1. Be it enacted by the general assembly of Virginia, Duty of boards That it shall be lawful for the board of supervisors of any as to outstandcounty of this commonwealth to provide for the payment of ing debts any outstanding debts against any of the late townships in townships creasuch county, created prior to July first, eighteen hundred ted prior to and seventy-five, by levying on the persons and property of the magisterial districts into which such townships have been changed, a sufficient amount for that purpose, and for defraying all costs and expenses of collecting and paying out the same, which levy shall be made in accordance with the late law in regard to township levies, as far as the same is consistent with this act. And said board of supervisors shall Remedy, have all the rights and remedies against delinquent township quent officers collectors, or other delinquent township officers and their sureties, for township levies or taxes received by them, that was given the township board by the forty-seventh chapter of the Code of eighteen hundred and seventy-three, or which said board may have had by any of the laws in force at the time of the adoption of the amendment to the constitution in reference to county organization; which proceeding may be had in the name of the board of supervisors, or of the In whose name commonwealth of Virginia, at the relation of the board of proceedings to the supervisors, for the benefit of the magisterial district interested therein. The amount recovered in any such pro- How amount ceedings shall be applied by the board of supervisors to the recovered to be payment of any outstanding debts, if any, of any such township or magisterial district, and the remainder, if any, applied by said board for the benefit of said district, as in their discretion may seem best. be had applied rer 2. It shall be the duty of the county treasurer to collect Duty of treasusuch levy and pay out the same upon the outstanding warrants of the late township boards; or where such warrants have not been issued to the township creditors, then upon the warrants of the board of supervisors drawn for that purpose, Name of town- when approved as hereinafter provided. But all warrants ship on face of drawn by the board of supervisors of any county for the payment of township debts, shall designate upon their faces the names of the respective townships whose debts they are intended to pay. warrant Separate ac and disburse ments to be kept, &c quents to be furnished su pervisors 3. The treasurer shall keep a separate account of the levies counts of levies collected and paid out under this act, and shall report the same to the board of supervisors, with the vouchers for such payments, at the time of his annual settlement; and also a List of delin- list of delinquents which shall be examined by the board and allowed, as far as the same may appear correct. He shall be entitled to the same commission for his services under this Compensation act as for the collection and payment of the county levies, and shall have all the remedies for the collection of the levies herein provided for, as are given him by law for the collection of county levics. But all claims allowed by the board of supervisors under this act shall be subject to approval by the county court, and shall not be paid until such approval is endorsed on the warrant for said claims and signed by the judge of said court. Claims allowed subject to ap proval by county court 4. If any board of supervisors fail to do any of the things required by this act, upon application of any person interested, the county court may by mandamus compel such board to do such act. 5. This act shall be in force from its passage, and remain in force until the first day of January, eighteen hundred and seventy-eight. Judges of county courts of Carroll and Grayson to require certain duties of road surveyors Proviso Penalty for failure CHAP. 73.-An ACT to authorize the construction, alteration and repair of roads in the counties of Carroll and Grayson. Approved February 13, 1877. 1. Be it enacted by the general assembly of Virginia, That it shall be lawful for the judges of the county courts of Carroll and Grayson counties to require any surveyor of the public road, with such hands as are in his district or allotted to him, to keep his precinct of roads in repair, to aid and assist, under the authority and superintendence of an overseer, who may be appointed for that purpose, to open any new road that may be established by either of the said courts in their respective counties, or to repair, or change roads already established: provided, however, that no person required to work upon the public roads shall be compelled to work more than four days in any one year in the construction of any such new roads, repairs and alterations as aforesaid, or to travel more than five miles from his place of residence to perform such labor. 2. Any failure to perform the labor hereinbefore required, shall be subject to the same proceedings, and liable to the same penalties as are now prescribed in the twenty-second section of chapter one hundred and eighty-one, of the Acts of the General Assembly of eighteen hundred and seventyfour-five, approved twentieth of March, eighteen hundred and seventy-five; and such fines as may be imposed, or any How fine appromoney arising therefrom under this act after the payment of priated a fee of fifty cents per day, for the time so employed upon the said work, to the overseer herein authorized to be appointed, and the costs, shall be expended in the construction, repairing and alteration of such road. 3. This act shall not be in force in either of the counties When act to gonamed, until it shall have been approved by a majority of its into effect board of supervisors, and by the county judge. 4. This act shall be in force from its passage. Commencement CHAP. 74.-An ACT allowing further time to William E. Boisseau, sergeant of Danville, to make his return of delinquents and insolvents for 1875. Approved February 13, 1877. Whereas, William E. Boisseau, sergeant of the city of Dan- Preamble ville, failed to make his return to the auditor of public accounts of his delinquent and insolvent lists for the year eighteen hundred and seventy-five, within the time prescribed by law, on account of sickness; therefore, ser return of delin 1. Be in enacted by the general assembly, That the said Further time sergeant shall be, and is hereby, allowed until the twenty- allowed anfifth of March, eighteen hundred and seventy-seven, to make ville to make return of his delinquent and insolvent lists for the year eigh- quent lists for teen hundred and seventy-five; and if made out and certified 1875 according to law by that time, the auditor of public accounts Auditor to give is hereby authorized to allow the proper credit therefor in credit therefor the final settlement of the accounts of said sergeant. 2. This act shall be in force from its passage. Commencement CHAP. 75.-An ACT to amend and re-enact the 68th section of chapter 34 of the Code of 1873, in relation to the deposit of securities to be made by foreign insurance companies as a prerequisite to obtaining license. Approved February 13, 1877. amended 1. Be it enacted by the general assembly of Virginia, That $ 68, ch. 34, section sixty-eight of chapter thirty-four of the Code of Code 1873, eighteen hundred and seventy-three, be amended and reenacted so as to read as follows: ance company § 68. No insurance company, which has not been incorpo- Foreign insurrated under the laws of the state of Virginia, shall carry on an como be its business in this state without first obtaining a license to licensed To be licensed on certain conditions Proviso Commencement transact its business in the manner prescribed by law, and no such company shall receive such license until it shall have deposited with the treasurer of the state, bonds of the state of Virginia, or of public corporations guaranteed by the state of Virginia; or bonds of the United States, or bonds of the cities of Richmond, Petersburg, Lynchburg, Norfolk, Portsmouth, Alexandria, Danville or Staunton, or first mortgage railroad bonds of a railroad company chartered by this state, or bonds of individuals, residents of this state, executed for money loaned by said company since the third day of Febru ary, eighteen hundred and sixty-six, and secured by deed of trust on real estate in this state worth double the value of such loan or debt, together with the policies of insurance. upon the property so mortgaged, approved by the said treasurer, or bonds of municipal corporations of this state, secured by deed of trust on real estate to an amount which shall be equal to five per centum of the capital stock or assets of the company depositing the same; such deposit being estimated. at the market value thereof at the time such deposit is made: provided, that in no case shall any company receive a license to do business in this state without first making a deposit of securities according to the provisions of this act, the cash value of which shall be at least ten thousand dollars; and no company shall be required to deposit such securities to an amount exceeding, in cash value, fifty thousand dollars: provided, further, that the provisions of this section shall not be construed as applying to foreign insurance companies doing exclusively a marine insurance business in this state. The treasurer shall have power to call upon any such insurance company to make good any reduction in the value of the securities deposited by it as aforesaid, so as to bring their true value up to the amount to be deposited by it, and it shall be his duty to examine all securities so deposited with him, in the month of December of every year, for the purpose of ascertaining whether any of them have become depreciated. 2. This act shall be in force from its passage. Act January 8, 1867, amended Public officers to be furnished with Sess. Acts, &c CHAP. 76.-An ACT to amend an act passed January 8, 1867, entitled an act authorizing the secretary of the commonwealth to distribute Session Acts, &c., in certain cases. Approved February 13, 1877. 1. Be it enacted by the general assembly, That the act passed January eighth, eighteen hundred and sixty-seven, entitled an act authorizing the secretary of the commonwealth to distribute Session Acts, and so forth, in certain cases, be amended and re-enacted so as to read as follows: § 1. Be it enacted by the general assembly, That whenever the secretary of the commonwealth shall be informed by an order of a county or corporation court, that any judge, justice of the peace, mayor, clerk of a court, attorney for the 2. This act shall be in force from its passage. Commencement CHAP. 77.-An ACT changing the shares of the Dismal Swamp land company from real to personal estate, and for reorganizing said company by issuing to the present shareholders certificates of stock for the amount of their respective interests. Approved February 13, 1877. Whereas it has been represented to this assembly that the Preamble present organization of the Dismal Swamp land company is unwieldy and inconvenient in its operation, and likely to increase the difficulties of management; now, therefore, land company erty books of com pany 1. Be it enacted by the general assembly, That the shares Shares of Disin the Dismal Swamp land company shall henceforth be mal Swamp deemed, taken, and considered, both in law and in equity, as personal proppersonal estate; and as such shall be transferable on the books of the company in such manner and form as the board Transferable on of managers shall direct: provided, however, that the right of married persons to curtesy or dower in said shares, exist- Proviso ing on or before the date of the passage of this act, or the rights of infants already vested, or any other right so existing before the passage of this act, depending on the character of said shares as real estate, shall not be prejudiced or affected by the change in the character of said shares from real to personal estate; and that any right in the stock or shares issued under this act for any interest in shares held by married women, and acquired before the passage of this act, in the event of a sale or transfer of such stock or shares at any time during coverture, shall be barred or relinquished only in the manner required by law in regard to real estate, in addition to being transferred on the books of the company in the manner and form directed by the said board of managers. But the reservations herein contained in regard to the To what reserrights of married persons and others, depending on the cha- Vation not to apply racter of the said shares as real estate, to the date of the passage of this act, shall not be deemed to apply to such stock or any interest therein which shall or may be acquired after passage of this act. the |