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1944 SUPPLEMENT

TO THE

VIRGINIA CODE OF 1942

TITLE 4.

much of the income from invested perpetual care Religion; Benevolent Associations and Objects.

funds as may be needed, shall be paid annually to the trustees, to be used by them along with all

other funds received by them for the maintenance, CHAPTER 7.

operation and up-keep of the cemetery and of

the perpetual care lots therein. (1944, c. 228.) Church Property, Benevolent Associations and Objects.

§ 56. Location of cemeteries; limitation as to § 53. Condemnation of land for cemeteries.

quantity of land; exceptions.—No cemetery shall See the note to $ 56.

be hereafter established within the corporate lim“Establish" and "Enlarge” Are Not Used Interchange- its of any city or town; nor shall any cemetery ably.-The language of this section completely demonstrates be established within two hundred fifty yards of that the legislature did not intend the words “establish"

any residence without the consent of the owner and "enlarge" to be used intei changeably, but that the use of one excluded any idea that it embraced or

meant the

of the legal and equitable title of the residence; other. Temple v. Petersburg, 182 Va. 418, 424, 29 S. E. provided that, if the location for the proposed (20) 357.

cemetery is separated from any residence by a § 53a. Cities and counties may establish jointly State highway, it may be established upon such owned cemeteries; how maintained and operated location without the consent of the owner of such -Any city and county, or any number of cities residence if it be not less than two hundred fifty and counties, may jointly purchase or otherwise feet from the residence at its nearest point thereacquire land for the purpose of improving and es

to; and no cemetery shall be hereafter established, tablishing a jointly owned cemetery or cemeteries, and no burial made in any part of any cemetery, and the governing bodies of the cities and coun

other than a municipal or city cemetery, located ties purchasing or acquiring land for joint ceme

within three hundred yards of any property owned tery purposes shall have the power to plan any by any city, town or water company, upon which such cemetery and amend and revise any plans so

or a portion of which are now located driven wells made, to determine the perpetual up-keep require- from which water is pumped or drawn from the ments of such cemetery and of perpetual up-keep ground in connection with the public water supply. lots therein, to fix the purchase price of all lots Nothing contained in sections fifty, fifty-one, fiftytherein, and to designate pauper lots and lots with two and fifty-three shall be so construed as to auand without perpetual care.

thorize a conveyance of more than three hundred After acquiring and planning such cemetery or acres, or the condemnation of more than two acres cemeteries, the circuit court of the county where- of land for the use of a cemetery. When damage in the cemetery is located shall appoint not less

is done to adjacent land by the establishment of than five nor more than nine trustees, who shall such cemetery, whether established by purchase reside in the city or county, for the purpose of

or condemnation, the owners whose lands have managing and controlling such cemetery. The

been damaged shall have a right to action for such trustees shall have the power to convey lots in the damage against any person, firm, corporation or cemetery in accordance with the plan thereof, municipality establishing the cemetery; provided without authority of court, and to include in deeds such action be instituted within one year from of conveyance such reasonable restrictions and

such establishment. It is further provided that conditions as they deem advisable, and shall have the prohibitions and restrictions as to the location all other powers granted by general law to trustees

or establishment of cemeteries shall not apply to of cemeteries. Such trustees shall, before enter

the town of Stuart, in Patrick county, the town of ing upon the performance of their duties, give Gretna, in Pittsylvania county, or to the Woodbond with approved security and in such penalty bine Cemetery in the City of Harrisonburg, Rockas the court determines for the faithful perform- ingham county; nor any residence in Norfolk ance of their duties.

county which is separated from the proposed cemThe trustees shall, upon delivery of a deed for etery by a State highway, river, creek, tributary any lot or portion thereof (except a pauper lot), branch or marsh lands, if such residence be not collect the purchase price and pay it to the desig- less than two hundred fifty feet from the cemetery nated treasurer of either the county or city estab

at its closest point thereto. (Code 1887, § 1414; lishing the cemetery. The amounts received from 1899-1910, pp. 181, 736; 1902-3-4, p. 896; 1906, p. the sale of lots or portions thereof as herein de

10; 1910, p. 590; 1926, p. 866; 1934, p. 13; 1942, termined shall be used by the city and county to

c. 82; 1944, c. 313.) pay for the cost of the land and improvements. Effect of Amendment of 1944.—The amendment added the All funds for perpetual up-keep shall be properly latter part of the section relating to the city of Harrisoninvested under the direction of the governing bod- burg and Norfolk county. ies of the city and county. The balance of the within the meaning of this section. Temple v. Petersburg,

To enlarge or add to a cemetery is not to establish one purchase price of lots or portions thereof, and so 182 Va. 418, 424, 29 S. E. (2d) 357. See note to § 53.

to

So, while a cemetery may not be established in a city or joining county having density of population of one thoutown, it may be added or enlarged without running sand or more a square mile, see Acts 1944, cc. 302, 306. counter to the inhibition found in the section. Temple v. Petersburg, 182 Va. 418, 29 S. E. (20) 357.

$ 89. Pay of board.—Each member of the electoral board shall receive from the county, city or

town, respectively, for each day of actual services TITLE 6.

the sum of six dollars, and the same mileage as Elections by the cople.

is now paid to jurors; provided that no member of such board shall receive from the county, city

or town, respectively, more than twenty-five dolCHAPTER 10.

lars in any one year, exclusive of mileage, and proThe Qualification and Privilege of Voters; How vided further that in any county adjoining any They Are Registered, and How They Vote.

county having a density of population of one

thousand or more a square mile, and in any county $ 84. Circuit court to appoint electoral boards; adjoining a city lying wholly in the State and havterm; vacancies; board to appoint judges, clerksing a population of more than one hundred ninety and registrars of election; qualification.—There thousand each member of the board shall receive shall be in each county and city an electoral board, for each day of actual services the sum of seven composed of three members, who shall be ap- dollars, and may receive as much as, but not in pointed by the circuit court of the county or the excess of, fifty dollars in any one year, exclusive corporation court of the city, or the judge of the of mileage; and provided further that in the event court in vacation. In the appointment of the elec- one or more special elections be held in any toral board representation as far as practicable county, city or town in any year, the members of shall be given to each of the two political parties the electoral board shall be paid additional which, at the general election next preceding their amounts at the same per diem, and mileage; but appointment, cast the highest and the next high- the secretary of the board shall in addition to the est number of votes, and a majority of the electo- per diem herein provided for be allowed his exral board shall be from the political party which penses not to exceed twenty-five dollars in any cast the highest number of votes in the State for one year, and the council of any city containing governor at the last preceding gubernatorial elec- more than fifty thousand inhabitants may provide tion. The three members of the board who are additional compensation for members of the elecin office when this Code takes effect, shall con- toral board, which shall not be less than one huntinue in office until their respective terms expire; dred dollars for the secretary and twenty-five dolto-wit, March first, nineteen hundred nineteen, lars for each other member of the board. The March first, nineteen hundred twenty, and March counties, cities and towns shall furnish the nècfirst, nineteen hundred twenty-one. During the essary postage and stationery, including a bound month of February in each year, as the terms of book for the minutes of its proceedings, for the use the members of the board respectively expire, their of the board. Each member of the electoral board, successors shall be appointed for a term of three before he is entitled to receive any amount under years. Any vacancy occurring in any board shall this section, shall make out a statement under be filled by the same authority for the unexpired oath, of his claim, and the secretary shall, in additerm. The term of the electoral boards appointed tion, make out under his oath, a statement of postunder this section shall commence on the first of age and stationery used by the board, and the March next succeeding their appointment. The statements when so made out and found correct members of the board shall qualify before the first shall be paid by the governing body of the county, of March next succeeding their appointment by city or town for which the board was appointed taking and subscribing the oaths required to be and for which the service was rendered or extaken by county and city officers. Each electoral pense incurred. (Code 1887, p. 70; 1908, p. 538; board shall appoint the judges, clerks, and regis- 1910, p. 531; 1912, p. 652; 1923, p. 175; 1926, p. trars of election for its city or county, including 872; 1928, pp. 769, 770; 1940, p. 177; 1944, c. 390.) the towns therein; and in appointing the judges of

Effect of Amendment of 1944.— The amendment made this election, representation, as far as possible, shall section applicable to towns, increased the compensation be given to each of the two political parties which, from five to six dollars per day, inserted the provision re

lating to any county adjoining a city having a population at the general election next preceding their ap

of more than one hundred and ninety thousand, and added pointment, cast the highest and next highest num- at the end of the section the words "and for which the ber of votes. No person, nor the deputy of any service was rendered or expense incurred." person, holding any office or post of profit or emolument under the United States government, and distribute books for registration.

§ 94. Secretary of Commonwealth to prepare or who is in the employment of such government,

For act authorizing registration in cities of between forty or holding any elective office of profit or trust in

and fifty thousand population in loose leaf binders, see Acts the State, or in any county, city or town thereof, 1944, c. 393. shall be appointed a member of the electoral board

$ 98. When voters registered; duties of regisor a registrar or judge of election. (Code 1887,

trars; their pay.-Each registrar in the cities and § 64; 1893-4, p. 782; 1899-00, p. 843; 1902-3-4, p.

towns of this State shall annually, on the third 562; 1944, c. 389.)

Tuesday in May, at his voting place, proceed to The 1944 amendment inserted the second sentence.

register the names of all qualified voters within § 86g(2). Appointment of general registrar for his election district not previously registered in county having a density of population of 1,000 or the district, in accordance with the provisions of more per square mile.

this chapter, who shall apply to be registered, As to appointment of general registrars for counties ad- commencing at sunrise and closing at sunset, and

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shall complete the registration on the third Tues- who, in the judgment of the registrar, or those day in May. Thirty days previous to the Novem- who may be alleged by any three qualified voters ber elections each registrar in this State shall sit of the election district, to be improperly on the one day for the purpose of amending and correct- registration books of that district. The notice ing the list, at which time any qualified voter ap- shall be signed by the registrar. On the regular plying, and not previously registered, may be day of registration, the registrar shall hear the added. He shall give notice of the time and place testimony produced for or against the right of the of all registrations for at least ten days before each persons, named in the notice, to be retained on sitting, by posting written or printed notices the registration books, and if he be satisfied that thereof at ten or more public places in his election any person mentioned in the notice has removed district. The registrar shall, at any time previ- from the election district, has died, or for any ous to the regular days of registration, register other reason is not entitled to be on the registraany voter entitled to vote at the next succeeding tion books of the district, he shall strike his name election who may apply to him to be registered; from the registration books. If the registrar is and he shall receive as compensation ten cents for unable to hear the evidence in reference to the each name so registered on days other than the names alleged to be improperly on the registraregular days of registration, the same to be paid tion books on the regular days of registration, the out of the county or city treasury; provided that books shall be kept open as to such names only in counties having a population less than thirty until such hearing is completed. From the decithousand the registrar shall receive a fee of sion of the registrar whereby any person is twenty-five cents for each name registered on stricken from the registration books, such person days other than the regular days of registration, shall have the right of appeal, as provided in secthe same to be paid out of the county treasury. It tion one hundred three, and from the decision of shall be the duty of the registrar within five days the registrar refusing to strike from the registraafter each sitting, to have posted at three or more tion books any person alleged to be improperly public places in his election district written or on the registration books, any qualified voter of printed lists of the names of all persons so ad- the county or city shall have the like right of apmitted to registration, and at the same time to peal. Whenever any person's name has been also certify to the clerk of the district court of the placed upon the registration books of any election county, or the corporation court of the city a true district, and an election, either general or special, copy of such list, and to have like list posted on is appointed to be held in the district at such time the day of the election at the place of voting in that no regular registration day will intervene behis election district.

tween the time when the name of such person is And it shall be the duty of the clerk, upon re- posted as required by law and the election, then ceipt of such list, to forth with record in a suitable it shall be lawful for three qualified voters of the book, to be kept in his office for that purpose, the election district to appeal to the circuit court of names of the registered voters so certified, in al- · his county or to the corporation court of his city, phabetical arrangement.

or the judge thereof in vacation, from the action For making and certifying such lists the regis- of the registrar in placing such name on the regtrars shall be allowed three cents for each ten istration books. Such appeal shall conform, as far words, counting initials as words, and the clerks as practicable, to the provisions of section one for recording the same shall be allowed two cents hundred three, and any person whose right to for each ten words, counting initials as words, the have his name remain on the registration books same to be paid out of the treasury of the county, is contested, shall have at least five days' notice city or town.

of the time and place when the appeal will be Whenever the name of any registered voter heard, provided that this section shall not apply shall have been changed, either by marriage or in any county or city having a general registrar. order of court, the registrar in whose district such When a general purging of the registration voter is registered, shall upon the written request books is ordered, as hereinbefore required, the regof such voter enter the change upon the registra- istrar, after he has purged the registration books, tion books, and certify the same to the clerk of shall make a copy of the books in like manner as the circuit court of the county or the corporation provided in section ninety-one, leaving off all court of the city, as the case may be, who shall names stricken therefrom under the provisions of record the change upon the books kept in his of- this section. (Code 1887, § 86; 1914, p. 430; 1944, fice. (Code 1887, § 78; 1902-3-4, p. 565; 1906, p. c. 392.) 571; 1916, p. 770; 1928, p. 1276; 1944, c. 391.) The 1944 amendment added at the end of the first para

The 1944 amendment inserted the proviso to the fourth graph the provision that this section shall not apply in sentence.

any county or city having a general registrar. § 107. How registration books purged.— The § 107b. Purging of registration books in counelectoral board of every county or city may direct ties and cities in which there is a general registrar. the registration books of any precinct to be purged –1. The electoral board of any county or city in whenever they deem it proper, and they shall direct which there is a general registrar may direct from such purging of the registration books of every pre- time to time that the registration books of any cinct every six years. When such books are di- precinct therein be purged whenever they deem it rected to be purged, it shall be the duty of the reg- proper, regardless of the regular registration days istrar within ten days previous to either of the reg- as provided in section ninety-eight of the Code of ular days of registration, to post printed notices at Virginia, and they shall direct such purging of not less than three places in the district, including the registration books of every precinct once in the voting place therein, of the names of all persons every six years.

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