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Lynchburg that G. A. Wingfield, judge of the said court, E. H. Murrell, Samuel Tyree, Thomas H. Allen, John D. Holt, James W. Watts, Don P. Halsey, and John F. Baugh, together with such other persons as are now or may be hereafter associated with them, shall be, and they are hereby constituted and made a body politic and corporate, by the name and style of The Virginia Savings Bank of Lynchburg, and by this name and style are hereby invested with all the rights, powers, and privileges conferred, and made subject to and restrictions all the rules, regulations, and restrictions imposed by the Code of Virginia and acts of the general assembly of Virginia amendatory thereof applicable to savings banks and not inconsistent with the provisions of the act passed at the last session of said assembly giving authority to the circuit courts of the commonwealth to grant charters of incorpora

Virginia savings bank of Lynchburg incorporated General powers

Capital; increase autho

rized

Powers of com

discounts

tion.

"§ 2. The capital stock of this association shall not be less than twenty-five thousand dollars, which sum may be increased, from time to time, to a sum not exceeding five hundred thousand dollars, to be divided into shares of one hundred dollars each.

"§ 3. This company shall have power and authority to repany as to loans ceive deposits and to invest its capital stock or other funds in bank or other stocks, in the purchase of bonds issued by this or any other state of the United States, and in bonds of any incorporated company, to lend money upon personal or real security, to discount bonds, notes, and bills of exchange, Rate of interest or other evidences of debt: provided, however, that nothing in this charter contained shall be construed to authorize said savings bank to charge or receive for the loan or forbearance of money or other thing, more than the legal rate of interest.

allowed

Real estate

Preamble to

ter

"§ 4. The amount of real estate proposed to be held by this company is a suitable banking-house and necessary appurtenances."

And whereas The Virginia Savings Bank of Lynchburg, amended char- by virtue of the powers and authority vested in it under said charter, has, by its said corporate name, proceeded to conduct a general banking business, to lend money, make contracts, discount bills and notes, issue certificates, sue and to be sued, and to do all other acts authorized by said charter; And whereas doubts have been suggested as to whether the said court had authority to grant said charter; whether the same ever became a valid and legal charter, by reason of its not having been properly recorded in due time; and whether any of the acts, contracts, and transactions done, entered into, and transacted in and by its said corporate name are legal and valid;

Acts and con

Now, therefore, for the purpose of settling such doubts1. Be it enacted by the general assembly, That all acts, tracts of corpo- transactions, proceedings, contracts, and agreements, whether first charter, de- executed or executory, done, transacted, and entered into by clared legal and the aforesaid parties and their successors, or their agents

ration under

valid

Time specified

and attorneys, under or by the name of The Virginia Savings Bank of Lynchburg, under and in pursuance of the aforesaid chapter, and all titles and rights of every kind and nature whatsoever accrued to or against, or acquired by or against said bank, or by or against any person whatsoever, under and in pursuance of the said charter, in any transaction, agreement, or contract with the said bank, or any officer or agent acting in the name of and on behalf of said bank, and not inconsistent with the laws of this state, on and after the twenty-second day of April, eighteen hundred therefor and seventy, shall be held and taken to be, and to have been at all times, of the same force, virtue, and effect, in all respects, as if said charter were clearly and in every respect certainly valid and no question had ever been suggested as to the lawful authority thereof, and as if the said charter had originally been granted by an act of the general assembly of this state; and all suits now pending in any of the Pending suits to courts of this commonwealth in which said bank is a party, wi shall be proceeded in, in the corporate name of said bank, as though the said charter had been originally granted by the general assembly, and was in every respect valid and legal, it being the intention of this act to declare the said charter Previous inforgranted by the said circuit court a valid and legal charter as malities not to of the day it was so granted, without regard to any failure ter to properly record the same, or any other informality in connection therewith, and to declare all acts and contracts of said bank made in its corporate name and by virtue of the powers granted in said charter, to be valid and legal.

2. This act shall be in force from its passage.

be proceeded

invalidate char

Commencement

CHAP. 14.-An ACT to Amend and Re-enact Section 1 of an Act entititled an Act to Incorporate The Thornton's Gap Turnpike Company, passed January, 19, 1848.

Approved January 26, 1874.

Whereas the Thornton's Gap Turnpike Company has Preamble heretofore completed its road, according to the terms and provisions of its charter, as a macadamized road, and the same had been used and tolls collected thereupon as such for a number of years previous to the late war; but whereas, by its usage during the war, and a failure to collect tolls thereupon during that period and for several years thereafter, the necessary repairs on said road have not been kept up, and the stone and gravel on many parts of it have been exhausted; but whereas, during the last few years said company have been making efforts to repair said road, by the erection of bridges and improving and throwing up the grade and removing obstructions therefrom-but by throwing up the grade the remainder of the stone and gravel thereon is in many places covered up, and the road is thus put in a condi

First section of c. 177, of acts p. 207

tion, even by its improvement, not such as is required by law for a macadamized turnpike road, and said road is in danger of being condemned and the gates thrown open before the work of improving and metaling the same has been completed therefore, it is desirable that said company, for the time being, shall be excused from the performance of the requirement in their original charter to pave their road with stone or gravel, especially as to that portion of their road recently graded, but that the said road shall be placed on the footing of a graded turnpike, with the privilege of collecting toll therefrom, to be applied to the thorough repair of their road; therefore,

1. Be it enacted by the general assembly, That the first 1847-8 amended, section of an act entitled an act to incorporate The Thornton's Gap Turnpike Company, passed January nineteenth, eighteen hundred and forty-eight, be amended and re-enacted so as to read as follows:

Subscriptions,

whom taken

"§ 1. Be it enacted by the general assembly, That it shall where, and by be lawful to open books at Culpeper, under the superintendence of William Walden, Daniel Botts, Adolphus W. Read, Lyle Millan, R. S. Voss, John R. Tanall, John C. Green, John P. Kelly, George Thomas, Mark Reid, and Thomas Hill, Sr., or any three of them, and at such other times and places, under the superintendence of such persons as the above commissioners, or a majority of them may appoint, for the purpose of receiving subscriptions to an amount not exceeding seventy-five thousand dollars, in shares of fifty dollars each, to constitute a joint capital stock for the purpose of constructing a turnpike road from Thornton's Gap, in the county of Rappahannock, by Culpeper Courthouse, to Kelly's mill, in the county of Culpeper: provided, that the said company shall not be required to make a summer or side road, nor to pave or cover the said road with stone or gravel."

Capital

Route of road

Road, how con

structed

Commencement

2. This act shall be in force from its passage, and remain and duration of in force for three years.

charter

CHAP 15.-An ACT to Constitute the Secretary and Superintendent of the Mount Vernon Association a Conservator of the Peace for the Limits of Mount Vernon estate.

Approved January 26, 1874.

Secretary and superintendent

to be conserva

1. Be it enacted by the general assembly, That the secreof Mount Ver- tary and superintendent of the Mount Vernon association is non association hereby declared to be a conservator of the peace within the tors of the peace limits of the Mount Vernon estate, in the county of Fairfax, Powers and du- and invested with all the powers and duties as such, as is now vested in justices of the peace.

ties

Commencement

2. This act shall be in force from its passage.

:

CHAP. 16.-An ACT to Amend Chapter 157 of the Code of 1873, so as to vacate the office of judges for removal or for failure to qualify.

Approved January 29, 1874.

amended

1. Be it enacted by the general assembly, That chapter Chapter 157 of one hundred and fifty-seven of the Code of eighteen hundred the Code of 1873and seventy-three, prescribing general provisions as to courts, be amended by adding thereto the following sections:

judges of cir

"§ 20. The removal of any judge (other than a judge of Removal of the supreme court of appeals) from the circuit, district, cuit, county or county, or corporation for which he was elected, shall vacate corporation

his office.

courts vacate their offices

vacates his office

"§ 21. If any judge of the supreme court of appeals, or Any judge failany other judge of this commonwealth, shall fail to qualify ing to qualify, as prescribed by law, within thirty days from the commencement of his term of office, or in case of an election to supply a vacancy, within thirty days from the date of his commission, he shall vacate his office: provided, that any judge Time allowed certain judges who may not have qualified at this time shall be allowed to qualify thirty days from the commencement of this act to do so." 2. This act shall be in force from its passage.

Commencement

CHAP. 17.-An ACT to Amend and Re-enact the 9th Section of an Act to Incorporate The Insurance and Savings Company of Virginia, passed February 28, 1866.

Approved January 29, 1874.

amended

1. Be it enacted by the general assembly of Virginia, That Ninth section of the ninth section of an act entitled an act to incorporate act of 1866, The Insurance and Savings Company of Virginia, passed Acts 1865-6, February twenty-eighth, eighteen hundred and sixty-six, be P. 422, 9 amended and re-enacted so as to read as follows:

and savings

When stock

"§ 9. The scale of voting at all meetings of said company scale of voting shall be, one vote for each share of stock, and every stock- in insurance holder not in debt to the company may, at pleasure, by power company of Virof attorney or in person, assign and transfer his stock in the ginia company, on the books of the same, or any part thereof, not may be transbeing less than a whole share; but no stockholder shall be Tranfers or -permitted to make a transfer or receive a dividend until such dividends not debt is paid or secured to the satisfaction of the board of debted to comdirectors."

2. This act shall be in force from its passage.

ferred

made if in

pany

Commencement

3

Time for pre

for jury, service limited

CHAP. 18.—An ACT Requiring Claims for Jury Services to be Presented for Payment within two years.

Approved February 2, 1874.

1. Be it enacted by the general assembly, That all claims senting claims for jury service against the state or county treasury, in any county which are not presented for payment within two years from the time of rendering the service, shall be null Money set apart and void; and any money set apart by a county treasurer for the payment of such claims as have become void, shall be returned to the funds from which taken, and accounted for in the next settlement.

therefor to be returned to funds from

whence taken Commencement

2. This act shall take effect on the first day of July, 1874.

The Virginia

incorporated

CHAP. 19.-An ACT to Incorporate The Virginia Club of the City of

Norfolk.

Approved February 2, 1874.

1. Be it enacted by the general assembly of Virginia, That club of Norfolk Walter H. Taylor, Thomas Pinckney, John R. Todd, Walter H. Doyle, Thomas B. Ward, John T. White, W. C. Hardy, Alexander Tunstall, J. Cary Weston, Richard Chamberlaine, Thomas B. Rowland, and John J. Tucker, and such other persons as are now associated as The Virginia Club, or may hereafter become associated with them, are hereby constituted a body corporate, by the name of The Virginia Club, to be located in the city of Norfolk, for the purpose of promoting social intercourse, and for the establishment of a reading room for the use of its members.

Corporate powers

Real and personal estate

Commencement

2. The said corporation shall have power to make and adopt a constitution and by-laws, rules and regulations for the admission and expulsion of its members, and their government, the election of its officers, and to define their duties, and for the safekeeping and protection of its property and funds, and from time to time to alter or repeal such constitution, by-laws, rules and regulations: provided, that the same be not inconsistent with the constitution and laws of the United States, or of the state of Virginia.

3. The said corporation may purchase and hold or lease any real or personal estate: provided, that they shall not hold any real estate exceeding one acre of land.

4. This act shall be in force from its passage, and be subcharter under ject to amendment, alteration or modification, at the pleasure of the general assembly.

trol

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