ACTS OF THE GENERAL ASSEMBLY OF THE STATE OF VIRGINIA, PASSED AT CALLED SESSION, 1862, IN THE EIGHTY-SEVENTH YEAR OF THE COMMONWEALTH. WIRGINIA STATE DOCUMENT Public Documents University of Virginia Library RICHMOND: WILLIAM F. RITCHIE, PUBLIC PRINTER. 1862. ACTS PASSED AT THE CALLED, SESSION, 1862. CHAP. 1.-An ACT to provide for the production, distribution and sale of Passed October 1, 1862. vernor monwealth, 1. Be it enacted by the general assembly, that the governor of Powers of gothis commonwealth may adopt every such measure and do every such act as in his judgment may be necessary and proper to be done, in order to secure the possession, production or distribution to convenient places, of such quantity of salt as will in his judgment be sufficient to supply the people of this commonwealth: and to that Faith of comend, may bind the faith of the commonwealth for the performance how pledged of such contracts and engagements as he may determine to be necessary and proper; and may exercise full authority and control over the property and franchises of any person, firm or company in this commonwealth, whenever he shall judge it to be necessary and proper to exercise the same, in order to secure the possession, production or distribution of the quantity of salt aforesaid: provided, Washington and that nothing herein contained shall be construed to authorize the Smyth salt purchase of the Smyth and Washington or Kanawha salt works, or purchased any freehold interest therein. works not to be seized, &c. 2. If, in the opinion of the governor, in order to obtain a speedy Property, how and sufficient supply of salt, it shall be expedient to do so, he may seize, take possession of and hold and exercise full authority and control over the property, real and personal, of any person, firm or company, and any engines, machinery or fixtures and other property or thing necessary for the production of salt in this commonwealth, whenever he shall judge it to be necessary to exercise the power hereby conferred, in order to secure the production and distribution of the quantity of salt aforesaid. to be respected 3. If, by the exercise of the power conferred by the second sec- what contracts tion of this act, any property should be taken in relation to which there may be existing contracts with the Confederate States, or any of the states of the Confederate States, or with any county, city or town in this commonwealth, entered into by virtue of an act of the Contracts with counties, &c. to be respected with individuals with other states to be disre garded general assembly, entitled an act to authorize the county courts to purchase and distribute salt among the people, and provide payment What contracts for the same, passed May ninth, eighteen hundred and sixty-two, or to be respected any contract with individuals for the benefit of any county, city or town, which contract may have subsequently been adopted by such county, city or town, under the act aforesaid: provided, that such contracts with and for said counties, shall not be respected for a larger amount of salt than the twenty pounds for each inhabitant proposed by the lessees to be furnished in the proposition on which said act was founded, the same shall be respected, and the supply of salt When contracts or salt water so contracted for shall be furnished. If a sufficient supply of salt water cannot be obtained at the wells now producing salt water, for the production of a sufficient supply of salt for the people of the state, or cannot promptly be obtained from new wells, then the governor is empowered to disregard, in whole or in part, such contracts with the states of the Confederate States; but if a surplus of water may exist, then the governor is directed to furnish to the other states of the Confederate States, out of any surplus of salt water that may remain after the supply of a sufficient quantity to the state of Virginia: provided, that nothing in this act shall be so construed as to authorize the governor to prevent the owners of salt property, or their assignees, from manufacturing and selling salt from salt water, or fossil salt remaining after all the uses of the state, under the provisions of this act, are supplied. When other states to be furnished Proviso When rail roads may be taken Places of distribution lations Publication 4. The governor may take control of any rail road or canal in this state, if necessary for the transportation of salt for distribution, or for the transportation of fuel or other thing necessary for the production of salt; but the power conferred by this section shall not be so exercised as to interfere with the transportation of troops, munitions of war and army supplies, by the confederate government. 5. The governor shall designate places in the commonwealth from which the sale and distribution of such salt may be made to citizens Rules and regu- of this commonwealth, and prescribe rules and regulations for the sale of the same, and the prices at which it shall be sold. When such prices shall be so prescribed and published for two weeks in some newspaper published in the city of Richmond, the sale of such salt at any higher price than the price so prescribed, shall be a misdemeanor, and the sale of each bushel, or any part of a bushel thereof, at a rate higher than the price so prescribed, shall be a separate offence. Any violation of the rules and regulations so prescribed, shall be a misdemeanor. Upon conviction of any person under this act, he shall pay a fine of not less than one hundred nor more than two thousand dollars. Violation of rules a misdemeanor Agents, how employed Bond 6. If the governor shall find it necessary to employ agents to receive money for the sales of salt, he shall require them to give bond, with such penalty as the governor may require, with good security, to be approved by the governor, payable to the commonwealth, with How payable condition to pay all money received from the sale of salt, into the treasury, to the credit of the commonwealth, at the end of each month. 7. The sum of five hundred thousand dollars is hereby appro- Amount appropriated priated, to be paid out of the treasury, upon warrant to be issued by the auditor of public accounts, upon the orders of the governor in Orders of gowriting, to be given only in payment of liabilities incurred for the purposes of this act. vernor assessed livered to go ment final allowed 8. For the use of any of the property, real or personal, which Damages, how may be used, occupied, possessed or controlled by the governor, a Board of asboard of assessors, to be composed of five persons not members of sessors the general assembly, who shall be appointed by a joint vote of the two houses, a majority of whom may act and shall concur, shall assess reasonable compensation or damages; which shall be paid on the Damages, how paid written order of the governor, upon a written assessment, to be signed by a majority of the members of the board, with their affidavits that such assessment is, in the opinion of the board, reasonable and just. Such assessment shall be delivered to the governor, Assessment deto be filed by him in the office of the secretary of state; and a copy vernor thereof shall be forwarded by the secretary to the person, firm or company who may be entitled to the compensation or damages; and When assessunless such person, firm or company shall, within thirty days after such copy shall be delivered to them, refuse, by written objections, to accept the same, such assessment shall be deemed to be final. If When appeal the governor, on behalf of the state, or if any such person, firm or company shall, within thirty days after such assessment shall have been so filed with the secretary of the commonwealth, file such written objections with the secretary of the commonwealth, and in the office of the circuit court of the city of Richmond, an appeal shall lie from such assessment to the said circuit court; and the proceedings thereon in said court shall be according to the provisions of chapter fifty-six of the Code of Virginia, as far as the same are applicable thereto, except that the commonwealth shall not be required to pay the compensation or damages to the party entitled thereto, nor into court, before the decision of the appeal. No order shall be Injunction not made, nor any injunction awarded by any court or judge, to stay any proceedings of the governor, or his authorized agents, under this act. The board shall be convened at such times and places as the governor Board, how may order, and shall be paid each the sum of four dollars per day, and actual expenses incurred in traveling; to be paid by warrants to be issued upon the orders of the governor. to be granted convened 9. This act shall be in force from its passage, and shall continue Commencement in force until the expiration of the present war. |