LAWS THAI HIDE
BEEN EHUCEI
Interesting Review of the Work
of the Legislature Before
Bar Association.
PRESIDENT BRYAN'S PAPER
In the Hurry of Short Session
Lawmakers Arc Sometimes
?. Very Careless.
At the regular meeting of the Rich?
mond Par Association held In tho library
icotn of tho City Hall yesterday irucr
nooii, Mr, Ocorgo Bryan, tho president,
rend a most Interesting paper upon tlio
subject of tlio recent chnnges In and
additions to the statute law of Virginia.
The paper was a general review of tho
work of tho lato Legislature. The follow?
ing synopsis of the leading points of tho
paper wll prove very Interesting, cspccf?l
ly to lawyers:
Clauses 7 and 39 of chapter 5 of'nn
act entitled 'An Act Concerning Corpora?
tions," which becni.?. a law May 21st,
1?03. are amended ns follows:
Clause 7 of Bectlon 1103 of the Code now
reads tliat notice of stockholders' meet?
ings mny Bo given to each stockholder
in person, or by publication at least six
times a week for two successlco weeks,
or once a week for four successive weeks,
whore no dally paper is published in the
county, city or town, In a newspaper pub
llfihed in or near tho placo whero the
annual meeting wns held, .
The only amendment in clause 3fl, which
relates to the annual report of the cor
rorntlon to the State Corporation Com?
mission Is that It mny bo authenticated
by the signatures of the president or one
of tho vice-presidents or secretary of the
corporation, The original act contained
the word "nnd" instead of "or" before
' kocrotary."
Section 14U of the rode in regard to the
location of cemeteries a.nd tho limitation
of tho quantity of land which may bo
occupied by them Is amended. Under tlio
amendment, cemeteries mny now 1? es?
tablished within lfx) instead of ?WO yards
ni n residence without the consent of
tlio owner of such residence, and 3?''0 In- ;
??tend of 75 acres mny now bo conveyed i
for cemetery purposes. Only two acres
may still be condemned for suoh ?uses, j
but when daninge Is done to adjacent i
land by the establishment of such ceme?
tery, whether established by purchase or
condemnation, the ownerH shall have a
right of action for the damage if In?
stituted within one year.
The Councils of every city or town In
this Commonwealth having in, their sev?
eral charters the power to nppolnt cer?
tain municipal officers, are given In nd
dltlon to such power, the power to ap
lolnt such other officers nnd employes
as such Councils may deem proper. And
ony committee of such Council or nny
municipal board or tho Mayor of the
city or town, or the head of tho de?
partment of such city or town govern?
ment, may also appoint such oillcors and
omplnyes as the Council mnv determine.
Provision Is made for the fllllnp of vacan?
cies for the unexplred term by the proper
appointing power, end In case of vacancy
In n municipal office elected by tho peo?
ple, the city or Town Council mny elect
n qualified person to fill such vacancy
until'qualified person enn be elected by
thc people, etc., etc.
This act wns passed to supply tho ensus
omlssus in our statutes brought to pub- |
lie attention by the death of the into
treasurer of the city of Richmond.
Continuances of right nre allowed to any
pnrty to an action or proceeding In ony
court, where n member or officer of the
General Assembly has l.?een employel or
retnlned by him as attorney In such ac?
tion or proceeding prior to tho beginning
of the session of the fienernl Assembly.
Where taxes or levies are paid by any
fiduciary on nny estate In his hands or
for which ho mny be liable, such taxes
nnd levies shall be refunded out of tho
estate.
- Section G3I of the Code, of which tho
above Is an amendment and re-ennot
mont, provided that whero such taxes
or levies are paid by the fiduciary on
TffiED OF LIFE
From Dreadful Pains From Wound
on Foot?System All Run Down
After Six Months' Agony?Not
Able to Work?Completely Cured
In Two Weeks
MIRACULOUS CURE BY
CUTICURA REMEDIES
"Words cnnnol Rpcnk highly enough
for tho Cuticura Remedies, 1 am now
?evontv-l wo years of nco. ily system
_r_rn*_5?v. bnii been all run
down. My blood
was bo bail that
blond poisoning
htid'??t in. 1 liad
several doctora
attending mo, bo
filially I went to
the hospital, whero
I was laid up for
two months, Uy
foot and anklowcro
almost beyond
recognition. Dark
blood flowed out of wounds in many
places, and I was so disheartened that
I thought surely my lost chanco was
slowly leaving me. As the foot did
not improve, you can readily imagino
how I felt. I was simply disgusted
and tired of life, I stood this pain,
which was dreadful, for eix months,
and during this timo I was not able to
wear a 6hoo and not able to work.
"Some one spoke lo me about Cuti
tura. The consequences were I bought
a set of the Cuticura Remedies of
one of my friends who was a drug?
gist, and 'the praise that I gave after
tho eocond application is beyond
description ; it seemed a miraclo,
for tho Cuticura Remedies took
effect immediately. I washed the foot
with tho Cuticura Soap before applying
the Ointment and I took the Resolvent
at thesamo time. After two weeks' treat?
ment my foot was healed completely.
People who had seen my foot during my
illness and who have seen it since tho
euro, can hardly bclievo their own eyes."
Robort Schocnhauer,
Aug. 21, 1005. Nowburgh, M". Y.
Bold Ihrou-rl-oiil Ihr, -world. Cotlcun Soap. Sie., Olnl
m?nl,Mo.: Rti.'vti-t, ?*V.(In furm ol Choooltla Cinltd
PHI?, tic, p. i All ol Ol,, mi-r b? hid ol ill .rugglM.
fon? Dru; k Cl?m. Corp., >',_1<? 1'rui.i.. Boi-on.M-ui.
__r JiUlkd fitt, "'tte Orent ikln Boot.''
the Interest? or profits of money of an
' estnte laid out or Invested, either under
order of court or otherwise, such taxes
id all he refunded him.
Pages 21 to 25 conjaln the detailed pro?
visions {of an act to provide for the
i transition -of municipalities from the
grade of cities of the second class to ,
that of cities of tho fin'; olasa.
Poire 47. An act lo amend and re-enact
section 3232 of the Codo of Virginia, in
relation-to orders of publication and the
publication of copies of process nnd
notices. The amendments are apparently
not Important or material, but should
be carefully noted.
Page seventy-five contains an Important
act revising, amending and re-enacting
section 1293 of tho Code, In relation to
the liability of common carriers for loss
or Injury to goods,
This act provides that when a common
carrier, which selects the carriers In the
lino or route of destination beyond Its
own lino, accepts for transportation any?
thing directed to a point or destination
beyond the terminus of Its own line, it
shall be deemed thereby to assume an
obligation for Hb safe carriage to such
point or destination, unless such loss or
damage shall occur on a water line in
the connecting line from some cause
which now exempts a water carrier from
llnblllty, unless at tho time of such ac?
ceptance, such carrier be released from
liability by contract In wrlthrg, signed
by the owner or his agent. And al?
though there bo such contract In writ?
ing. If such thing be lost or injured, such
common carrier shall himself bo liable
therefor, unless within a reasonable
time he shall prove to tho consignor
that tho loss or Injury did not occur
while tho thing was in his charge. An?
other provision of the statute is thnt to
obtain the benefit of this contract, there
shall bo distinctly set forth in It a place
on his own lino at iwhlch a delivery Is
lo bo made to tho connecting carrier,
tho names of tho carrier to which the
Initial carrier .will deliver the goods,
tho names of tho pinces at ?vhich each
subsequent cnrrler is to receive and de
liver tho goods, and the [amount
freight to be received by each cnrrl
by which the goods are to be trar
ported.
Ah act to amend section ??36 of t
Codo of Virginia, relating to the pi
bate of copies of wills prnvu'l wllho
tho Slnto tins for Its Only r.h>iiu',i?i o
to provide ihnl ihn presumption of d
oxecutlon of tho will shall bo mndo I
tho clerk of th?a court, na well as t
court, Another clause of the amnndti
act validates tlie ndmlsslon to prob.
of any suc.li copy of a will boforo m
such clerk since May 15, P.m.
Another net Val?dalos all ?cknowled
ment? of deeds and other writings laki
by itinyom and members of council
towns incorporated since July 10, il?
the 'preamble to tho net reciting lh
certain charters linvo been grnntcd I
corporntlng towns In (his State ai
clothing tlio mnvors of said towns in
members of tlio council with powers
justices of tho pouce, nnd further d
chirps it desirable, In the Interest of I
iiocent purchasers, Unit such ncknow
edginents lie validated.
Ai: act on pngo M requires the sspar
Hen of white and colored passengers <
car1? operated by electricity.
I-'. ' US: Slightly amends section 3H0 ?
the Codo in relation to who aro exeiri:
from Jury sorvico by Including broad
all officer?, commissioned und non-con
ml'isloncd of volunteer companies, and 1
providing that In tlio event of an ofilci
o?: member having Joined tho volunteei
since tho list wns delivered to the cloi
oh May 1st of each year, a certificate i
membership signed by the chief ollici
sliiill. also exempt sucih members froi
Jury service.
II Is not quito clear from this last sei
l'on of the net whether the meinboi
referred to therein aro contributing ?
well ns active metnbors, but ns tlio pollc
of tlio State hits been to increase II
revenues for military purposes, oxcmplln
contributing metnbors from Jury servlci
It Is safe to presume that the courts wl
Include contributing members within tli
scope of this provision.
P. 104: An act to protect landlord
DMilnst tho removal of'crops by tenant
until rents and advances are paid, an
to ?prescribe punishment therefor.
This act is doubtless In aid of the Ho
given by section 219-1 of tho Code of VU
gin la by making tho removal of the cropt
where tho lands have been rented elthe
fer a share of the crop or for money con
slileration. a misdemeanor, punlshabb
by fine or imprisonment.
P. 117: An act in relation to public boll
days.
Defore the passage, of this act, the lav
an to the date of maturity of certain ne
gotlable paper was in considerable doubt
owing to tho hasty and partial amend
ments by tho legislatures of recent years
Those doubts are now, It Is hoped, re
solved by this act, whloh, purporting l<
amend and re-ennct section 28-14 oof th(
Code, designates the legal holidays of tin
Sti.te, to which the first Tuesday, aftci
th.- first Monday In November, known ai
chictlon day. Is added, and prescrlhlni;
that paper maturing on any of said dayi
shnll be payable on the next succeedln{
secular or business, day. Thc difficult!
with the law before the passage of thli
acl. wns as to the legal day of maturltj
of paper falling due on a Friday, which
was a legal holiday, e. g-, January 19t!i
o? the current year?Lee-Jackson Day,
Th.& law now settles the doubt by makinR
the entire day of every Saturday
a public holiday for all purposes
whatsoever as regards the maturity ol
negotiable paper and carrying th? date
of maturity to the succeeding Monday.
One-of the objects of this law was also
attained by the pasage of tho act on
page 3G6, amendTTTg section 85 of thc
Negotiable instruments Act so as to pro?
duce the same condition of the law, ami
conforming in this particular to the New
York statute, rending thus: "Instruments
falling due or becoming payable
mi Saturday are to be presented for pay
mint on tho next succeeding business day,
except," etc.. etc.
Pago 310?An important addition to our
statute law is to be fdund In the act to
legalize the adoption of adult persons.
The purport of the statute is briefly that
any unmarried inhabitant of this State,
or a husband and wife jointly, may peti?
tion the proper court for their county
for. leave to adopt an adult person not
thoir child by birr, such petition to set
forth tho reasons for such adop??o. i-nd
bo accompanied by n statement In writ?
ing, signed by tho person proposed to
bo adopted, signifying his or her con?
sent to such adoption. If the court shall
bo satisfied as to tho fitness and pro?
priety of the adoption,- it shall make an
order setting forth thc facts and declar?
ing that from that time such adult per?
son, to all legal Intents and purposes, Is
a son or daughter and heir at law of the
person or persons filing such petition, ns
if such adopted son or daughter had been
born to such adopted persons in lawful
wedlock. If the petition shnll so pray,
the court may provide for tho change of
name of sucli ndopt?d son or daughter.
But on tho decease of such adopted par?
ent and tho subsequent decease of such
adopted son or daughter without issue,
the property of such adopted parent still
undisposed of shall descend to his or her I
next of kin, and not to tho next of kin !
of such adopted son,or daughter, tt
further provided that ho property whl
by nny will, deed or other writing win
go to the child or heir of the person
adopting an ndult, shall go to such hrlot
ed adult, unless tlio'absoluto foe-slini
first vested lu tho pdfsort no adopting t
adult,
Acts, prtge 301?in all suits orpetltlc
when the evidence Is concluded, tho par
lahd?tlhg a demurrer to evidence shi
state In writing specifically tho grouti
of demurrer roiled on, nnd the demon
shall not be forced to Join in tho su
demurrer until tlio ?specific ground!; up'
Which tlio demiirr.i'nt relies are suit
in writing, nor shnll nny grounds of d
i linirrer not thus specifically stated
considered, After Joinder In dejniirtvr
! other evidence shnll be admitted und
lion-suit shall not bo allowed,
This statute Is discussed at length
Mr. S. S. P. Patiesd!. In the April nu
lier, lOM, Virginia Law Register, Mr. Pi
teson thlnifs that it will accomplish t
objects of Its enactment. As origina
drawn It required the dnmurrant to str
In writing-the fncts which he admitted
have been proved In evidence, but t
i draft was changed In tlio Senate to t
present form, Wo shall awrtl-t, with I
tcrest the construction placed upon It 1
our court of Inst resort.
P, 2)l-~Ariothor change in the prn
tico of our trlnl court was made by? t
statute providing that In any action
law In which the court shnll require I
plaintiff to remit n part of his recover
as ascertained by the verdict of .the jur
or else submit to new trial, such plaint
mny remit and accept Judgment of t
court thereon for the reduced sum und
protest, but the judgment of the con
requiring him to remit may he revleWi
by the Court of Appeals upon a writ
error awarded the plaintiff as in oth
actions at law;, nnd In any such case
which a writ of orror is awarded tl
defendant, the Judgment of the court
requiring such remlttur tuny bo the sul
Ject of review upon a cross appeal by tl
plaintiff.
P. a2?The death of the drawer <
a check no longer operates In this Stal
as a revocation of the authority of tl
bank or banker upon which It Is draw
to pay it. Tt Is provided hy tills act tin
such bank or banker shall retnln fc
a period of one month after notice c
the death of tho drtposltor any money
standing upon Its or his, books to th
credit of such depositor, and after paj
Inpr thereout any check which may b
p'r-?B?Rted within said period, shall upo
d'. ' '. -ny the residue to the person
e?t! ' "?-'roto In the manner prescribe
hy !" ??? law upon this subject jis I
, has liei-tofore existed was severe!
technical, and ns Mr. Daniel states .'
his work on Negotiable Instruments, in
volves a total misconception of the legs
principles in point. Mr. Morse, in his wor',
on Banks and Banking, denominates I
a perversion of reason, The result h
this chnngo in the law will bo to re
quire banks and? bankers to hold deposit
I of deceased Individuals for one montl
| afte'r the date of the death, and in th
i meantime honor checks which may b?
presented against such fund, at the em
of thnt ?priori paying balance out to th'
personal representative ns at present.
Acts. P. 2-V!? An net in regulate tin
business of lending money on househoh
nnd kitchen furniture, household goods
wearing apparel, rowing machines, mil
slcnl, instruments, or wngns and salaries
on conditional sales of the samo an'
the buying of salaries and wages.
The title gives the general idea o
tho object of this act which is d?sign?e
to protect poor persons from excesslvi
charges by way of Interest. A llcensi
of one hundred dollars Is prescribed fo:
nil (persons djesirlhg .the prlyllega j 01
conducting business under.provision of thi
act. The act does not apply to any loai
In excess of $150 actually and bona fid.
made nt'ono time,'''-and "^fibs not pre
vent a merchant selllttpj',provisions, wear
Ing apparel, household goods 'or furnitun
to wage earners from taking as securltj
therefor and assignment of wages pro?
vided that no" Interest, bonus or rebat?
Is charged upon tho saje or amoun"
of debt contracted or from the amount
of wages, and that the property sold at
no higher price than like property is
sold on credit to other persons than
such wage earners.
P. 219. An net to define, the duties and
liabilities of Iqn keepers, hotel keepers
of ordinaries. \Thls act makes It the
duty of Inn-keeping, etc.; to exercise due
enro and diligence In providing honest
servants and employes and to take every
leasonablo precaution to protect the per?
sonal property of their, guests and
boarders. Their liability for the
loss of property belonging to a
guest, when such loss takes place
from the room occupied by such guest,
is limited to $300, nnd no such inn-keeper
shnll be held liable for nny loss by the
guest of jewelry, monoy, other valunbles
of llko nature, provided that ho post no?
tice to this effect in tho room occupied
by guest, If such Jewelry, money, etc.,
are deposltod In the office of the hotel,
Merit
Endure
WRITE US FREELY
and frankly, in strict??, confidence, telling
all your troubles? and stating your age.
We will send you FREE ADVICE, in
plain sealed envelope? and a valuable book
on "Home Treatment for Women."
Address* Ladies' Advisory Department,
The Chattanooga Medicine Co., Chat?
tanooga, Tenn. H 47
For
Years
or more," that pure'plant extract, known as Wine of Cardui, has
been building up a reputation for the treatment of diseases peculiar
to the womanly organs and functions. This reputation is founded
upon the solid rocks of Truth and Merit. "1 suffered for years, and
had to wear a supporter," writes Mrs. S. J. Chrismai-, ol Mannsville,
N. Y., "until I had taken two bottles of
Woman's Relief
when I gave the supporter up. I do not how have these bad feel?
ings, as formerly, and can be on my feet half a day at a time. The
doctor who examined me before I took Cardui said there was no
medicine that would help me, but Cardui has done me so much
good I would like to tell it to every suffering woman,"... Cardui re?
lieves periodical pains,'' regulates fitful jf
functions, and has restored thousands \97m^%^^
health, after all else had failed. .?Try. it.f f
At Every Drug. Storeflnl $1.00 Bottles
<*???**
m
Richer Wall, Better Beer. :
The Exclusive Pabst Method Ohres Pahs.;
Beer Its Superiority.
Malt is the life of beer. The richer the malt the more nutritious, the more wholesome
the beer. Pabst learned years ago that the forced method of making malt in three or four
,days could not possibly be accomplished without losing in large degree the life-giving,
strength-giving elements of the barley. Most breweries use this old procesa. It is quicker,
easier and less expensive.
The Pabst eight-day method of making malt gives the full richness of the grain to th?
beer. It doubles the expense of brewing, but it makes Pabst Beer the best beer, not only
in taste and flavor, but in tonic,, health and strength-building properties. Pabst Blue
Ribbon is to-day the superior of all beers.
Clean things to eat and drink are imperative as pure food. Food may be pure yet
unclean. It is the method of handling the manufacture of a food product that makes it
clean, The great Pabst brewery is the cleanest brewery.
# Hundreds of thousands of dollars have been expended to manu?
facture Pabst Beer in a manner so cleanly that no contamina?
tion is possible. The Pabst exclusive process is perfect.)
No physician more carefully sterilizes his instruments than
does Pabst sterilize his utensils, from brew kettles to storaga
tanks. From the time Pabst famous beer is brewed from
choicest hops and eight-day malt till it is poured into the glass,
it is never touched by human hands. Never passes through
any but sterilized pipes, never stored in other than sterilized
tanks, never in contact with other than sterilized air. Thus tho
_____ Pabst brewery is the cleanest brewery and Pabst Beer is th?
""*"*"?? "^ cleanest, most wholesome beer.
Order A Cose For Your Home Today
Pabst Brewing Co., Marshall and Hancock St.
'Phone 386.
the proprietor shall not bo obliged to re?
ceive from tiny one guest for deposit
property of tho kind mentioned exceed?
ing ??oo In value.
Tho net further provides whenever the
"Keeper of the hotel shull provide suit?
able locks and fastenings on tho door?,
transoms and windows o? the sleeping
room used by his guests, and shall keep
a copy of this act posted In said room,
together with a notice requiring com?
pliance with said act; and, If said guests
or boarders fall to fasten said windows
one! transoms, and loas occurs, then tho
hotel keeper shall not bo liable, though
tho burden of proof is placed upon him
tc Fhow that he has complied with tho
act and that his guest has not. But no?
thing In the act shall be construed to
exempt hotel keepers from being liable
for tho value of property of guests taken
or stolen from any room by any employe
or agent of such -keeper.
In case. of Iobb by fire or overwhelm?
ing disaster, the hotel keeper shall bo
answerable for ordinary and reasonblo
care In the custody of the property of
his guests, but In no case In excess of
$250, unless It shall clearly appear that
Buch disaster was caused by negligence
of "or otherwlso" by said keeper or by
his servants or employes.
A further clause exempts tho hotel
keeper from liability for hats, umbrellas,
coats, etc.,_of a guest till the same aro
placed by the guest In the actual cus?
tody of the proprietor. Limitation of one
year Is prescribed for actions arising
under the act:.;
Acts, P. 2S0. Section 24S9 of tho Code In
regard to the lien of Inn keepers, etc., Is
amended and enlarged by extending the
lien to other property In and about such
Inn, ordinary or boarding house or houso
of private entertainment belonging to tho
guests of such Inn, ordinary, boarding
house or house of private entertainment,
or his employer, controlled by such guests
for tho proper charges due him from such
guests or boarders for their board and
lodging.
The act was doubtle.iH directed against
traveling salesmen and others, whoso em?
ployers, when the Inn-keepers lien "was
claimed, would claim tho ownership of
the property and thus dofeat tho re?
covery. The net, however, omits one or
two of tho featuros of tho original act
which, might bo deemed essential. Thus
It does not Htate, as did the former act,
that the Hen may bo asserted for tho
amount of tho bill, nor that the Inn
?keper may retain possession of tho bag?
gage, ot?., "until such nrnount is paid."
Page 239?An net to amend nnd ro-enact
section 3507 of the Code of Virginia, in
relation to tho clerk of Courts of Appeal
and to the printing of record. This sec?
tion remains Identical with that given In
Pollard's Code, 1904, with tho exception
of the words, "The clerk of tho Supremo
Court of Appeals shall have," which are
prefaced to tho words in tho first sen?
tence of the net of tho section, "tho same
fees as tho clerk of the Circuit Court for
similar services."
Pago 239 Js an net amendatory of tho
Code of Virginia rogulntlng tho practice
of dontlstry.
Pago 122?An net concerning the bureau
of Insurance, and Insurance, guaranty,
trust, fidelity, security and fraternal
benefit companies, associations, societies
and orders, nnd Imposing penalties for Its
violation.
This act covers fifty pages, nnd no
nttompt will bo made hero to give even
n summary of Its provisions. It must
suffice to say that some of them are of
far renchlng Importance, botli t<? tho In?
surer nnd tho Insured, touching not only
the regulation of tho business of the In?
surer, but the principles upon which tho
business Is done. I have been Informed
by a member, of tho House of Delegates
that It passed that body without debate
of any kind. It is to bo hoped that It
wns thoroughly digested In commlttoo.
Pago 370?Another Important hill of
general Interest Is tho act to provide
for tho consolidation or annexation of
oitlea, This net nlso Is comprehensive
and minute In its details, and must bo
Studied carefully by nil who are Inter?
ested In Its subject muttor.
Tho subject of eminent domain also re?
ceived attention of the Legislatura Just
adjourned.
Page 99?An net authorizing tho sov
oral cilles of tho Commonwealth to con?
demn such lands or rights n? may bo
necessary for providing watersheds for
use of said city and for tho necessary
land or rights for laying water pIpoH
from same. It Is provided that such coil'
damnation shall bo dono In tho mode pre
Hcrlbed by law for tho condemnation of
land by water companies.
Acta, pngo ?I?2: Tho general act con?
periling tho oxerelso of tho right of emi?
nent domain, Codo, 300., section UM f,
has been amended In several Important
particulars. On aecount of the Impor?
tance of this subject, I take the liberty
of calling attention here to some of tho
principal changes.
In clause -1. after the words "becauso
of the Incapacity of tho owner" havo
been added the words "or any one of
them." This seoms to be n, wlao en?
largement of tho scope of thoaot, and
lo predicated UP<*U a ruling of one of our
courts of llrst Instance to ?the contrary,
an application for commissioners having
been refused upon this ground alone.
A lack ot care In the pra'-aratloii of
this section as lust epiK-tcd makes It
appear tliat any person *-enUU?d to
damages to property by reason of tho
doint. ot work, etc., whar? no property ia
*___i_" .hull bo entitled, to instituto
condemnation proceedings. This cot:
hnvo been made clear by the lnsorti
of the words "any person" before t
words "are entitled to," suprn. T
former act prescribed? that the first st
in tho condemnation proceeding shot
bo tlio llllng of in tho clerk's offlco
plat of the survey," "with a prof lie shoi
ing the cuts and fills," etc., and at t
same time the filing of a petition for t
appointment of commissioners. Tl
clauso as amended now prescribes t
first step to bo tho illing of tlio potltii
with specific directions as to tho of
cers who shall sign the same, tho I
terest and estate Intended to be take
or the damage ?likely to arise, tlio m
terlai facts upon which tho njppllcatli
is based, and especlaljy tho fact that t!
property is wanted for ?the uses or tl
company, or whero no property will '
taken, but property will bo damaged, tl
necessity for the work of Improvemo:
which will cause or Is likely to eau
damnge. This particularity was not mai
an incident of the petition by tho form
net, and 1 confess that I do not see tl
necessity of its being made a subject ,
statutory regulation.' The law upon tl
subject, as set forth by the text write
and authorities In point. Is sufficient
definite. The amended act then pr
scribes tho filing of the plat of survt
and tho profile, ns before, but 'also
statement of tho names and resident
of tho owners of the several parcels (
land which will be taken and the quai
tity of land which will or likely to 1
damaged.
Tho ?amendments In section 2 app
principally to notice. Publication mt
bo onco a week*for two, instead of fou
successive weeks, and posting for t(
days previous to tho application Instcr
of on the first day of the rules next pr<
ceiling the application, I nnrlerstan
that Judgo Witt, of the Hustings Cou.
of this cllj*. expresses the doubt as I
whether there are any rule days in h
court.
Clause 9 Is amended so as to requlr
the roport of the commissioners to II
in tho clerk's offlco for thirty days, ir
stead of sixty, and recordatlon of th
sain? Is dispensed with, confirmado
alono being necessary.
Perhaps the most Important amendmen
lu tlio entire act is contained in the las
sentonco of this clause, which is as fol
lows: "Nothing in this act contalnei
shall be construed us authorizing the con
demnution of a less estate in tho proper
:, ty taken than is owned by tho part;
acnlnst whom tho proceeding Is." Up V
a comparatively recent "period, the onl;
interest of tho party against whom th?
application was filed, whether that was i
fee-simple or a life estuto or term fo
years or pur autre vie. By tho ne
of 1902-'3-'4, p. 957, the right given to con
cU-mn land or other property, was sped
fkally enlarged by the addition of tin
words "or nny interest or estate therein,"
and this enlargement nppearod throughou
the statute. Under this H was thougln
by many lawyers Hint an ostato less thai
a fee-simple or other entire estate of tin
owner of the property could bo condemn?
ed?for instance that If a railroad com?
pany so desired, 11 could condemn ar
easement or right of way, and If it fur?
ther desired, for a limited porlod only,
That this view of the law was the corred
one Is at least strongly suggested by the
last sentonco of clauso 9, ahovo quoted.
However, tlio law Is now written that ne
loss estate than that owned by tho party
nirolnsl whom t'lie proceeding Is can bo
hureafter taken.
An Important nniendment to clauso 14,
Which relates to inquiries by a commis?
sioner of the manner in which tho con?
demnation fund shall bo distributed is
mado by the recent act by prefacing tho
section as it stands In Pollard's Code with
thu following words:
"After thu payment of tlio amount ot
compensation und damages Into court as
hereinbefore prescribed, tho interest or
estate of tlio owner of owners shall
terminate, nnd tlio Interest, oto., shall
be vested In tlio said compensation or
damages so paid into court as was vested
in such property so taken or damaged,
and nil liens by a deed of trust, judgment,
or otherwise, upon smii property or es?
tate shall bo transferred to such money
so paid Into court, and the court sluvil
nioko such distribution of such money as
to It may seem rieht, having duo regard
to tlio interest of all persons therein,
whether such Interest Is vested, contin?
gent or otherwise." Then, conforming
t:> tho old statute, It prescriben to enable
the court to mako a proper distribution of
such money, it MAY in its discretion refer
tho case to a commissioner,
Tlio umondment of section 25 Is Inconse?
quential. That of section 27, however, is
important. Under tho law as it Is stated
in Pollard's Code, If tho amount ascer?
tained by tho commissioners bo not paid
olihor to the party entitled thereto, or
Into court within throe month? from th?
date of tlio tiling of the report of tho com?
wilt ?loners, tho proceedings ?hall bo Ipso
facto vacated nnd dismissed. This bus
been, changed, however, so us to provide
that In tho Hamo oveiit, the proceeding.)
shall on the motion of any defendant ho
vacated and dismissed "AS Tu HIM,"
but not otherwise. .
Like tho majority of th* statutes men?
tioned hero, this net does not go Into
effect ?until June 13. Sitio--ninety days after
tho adjournment of the Honorai Asseni?
?bly.
Ads, pago 520--An act to uuiend anil
re-enact section 2 of chapter 2, entitled
nn not "concerning corporations."
Three and a half pages of tlio printed
acts of this session' are taken up for
tho purpose of amending tho former net
by extending Its operations to railroad
corporations heretofore or hereafter cre?
ated under tho provHlons of this chapter,
Whose work* are opcrutod by eloctrlo
power, which, It Is provided, shall, In ad-?1
dltlon to the powers provided for under
this chapter, have power to do the bus?
iness of a general electric lighting at__
power company, with all the rights, pow?
ers and ^privileges of such companies tw
fully and effectively as If such corpora
tlon were (?rented under the provision o?
chapter 3 of thla net?that Is to stiy, re?
lating to the creation of public sery'co
corporations other than rallronds?that \i'
to say, telegraph, telcphono, turnplk^
etc., corporations. . '>
Page 532?This is a brief enactment re-.
r.ulring common carriers doing business
In this Stnto to receive and receipt for
all freights delivered to them wheji de?
livered for transmission at any of then,
freight receiving depots, "*??*"???? delivered'.
ready for shipment during, ??jfc ?-uslnewi.
hours established at such depotsi An,
exception Is mado, however, to the effect
that the act shall not apply to live"
stock, lumber, perlshablo freight or to
such freight as requires special cars for
shipment.
Pago 5*15?An net to amend and re-enact
section 5 of chapter 8 of an act "con-,
corning publlo servlco corporations," ap?
proved January 18, 1904.
Tho first clause of section five Is left:
substantially unchanged, with these ex?
ceptions: 1. That the words Inflicting a
penalty of one hundred dollars, "to the
person sending or wishing to send such
dh'patch" aro changed to "persons send*
Ing or offering to send such dispatch,"
and by the addition Immediately thoro-:
after of tho words ''or to the person to'
whom It was addressed."
A new section, however, substantially*
extends the provision ot the foregoing
section to "every telephone; Company,
doing business of transmitting and re*
celving messages for compensation in
this State," whoso duty It Is declared
to bo "to receive dispatches and mes?
sages from and for other telophone or
telegraph companies or lines doing th?
business of receiving or transmitting
messages for compensation, and from
and for any person. Tho same penalty,
one hundred dollars, Is Imposed "for
every failure to transmit a dispatch or
message faithfully and Impartially in
favor of the person sending or wishing
to send such dispatch or message."
It Is to be noted here that the word
"wishing," which was changed. In tho
previous section to "offering," is re?
tained.
Page 559: An ach to define and regulate'
fraternal beneficiary associations, ordera
or societies.
This act covers nine printed pages and
contains many provisions affecting thor
substantivo law of such orders, which
8hculd bo carefully studied, along wltn
tho act herotoforo referred to, creating
a bureau of Insurance.
Pago 45S: An act prohibiting tho cor?
rupt Influencing ot agent, employes or
servants, and prescribing penalties Upon
persons using such influence and upon
agonts, employes or servants submitting
themselves thorcto.
This Is popularly known as tho .GRAFT
AC"*", and Jts purport Is comprehensively,
stated In Its title. A fi.no of ojio hun?
dred dollars, or such fino and Imprison?
ment for not more than one year, aro
proscribed as penalties for tho violation.
It Is provided that nothing contained In
tho act shall bo construed to mean that,
an ngent, servant or omployo shall not
roslgn his position whenever ho so de-,
slros, nor that no person shall employ.
Raid agent, servant or employe. By n
further proviso witnesses called for by
tho court and .giving evidence for tho,
prosocutlon, are given Immunity for any?
offonso committed under the act concern-''
Ing which they testify, but they may bo.
compelled to testify, and for refusal shall
bo fined not less than ono hundred dol*
lars and bo Imprisoned for a term not/
exceeding six months.
? In concluding his paper, Mr. Bryanr
spoko of tho earless manner In which,
many of the new laws were drawn, unat.
oxpressed tho opinion that lawmaker?.'
should bo watched very closely where
legislatures aro in session. I
SHOT HIS RIVAL.
Male Visitors of Colored Cook*
Give Police Trouble.
(Special to Tho Tlmes-Dlspatoh.)
UOANOKR, VA., May 11.?Policemen
Ayres and Reynolds had an exciting Un?a
In tho room of a colored cook In th?
most fashionable section of the city early
this morning:
Hubert Parrott, colored, appeared at
tho station house ntxnit 2 o'clock with!
a bullet In his left arm and stated that'
he had been shot In tho room of th?
ciiok at Mr. J. Edwnrd Moylera home by
his rival, Lawrence Jackson.
The officers went to arrest Jackson anS
while Officer Reynolds was soarohlnif for
tho gun, Jackson knocked him out with
his fist and started out of the .?"ooir,.
Reynolds rallied and caught him by the
rollar, while Ayres put the nippera on
him.
While Ayres was searching th? ni^gr.oi"
ho broke away, and fled with the lii^nd
oufTt) on him. This is tho third eaaj ft*
trouble at. hornea In the same nelg.boj
hood with tho cooks and tholr male vi_l?
tors.
At tho other homes th<s men attempted!
to roh the houses.
?____?____W_-_____?| m ?W-_W-_?w_M-_|
LUMBER HEJ
Woodward* Son, a20S._t||$li