Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-03-31
IMPORTANT NEW ACTS
REGARDING RAILWAY FENCING
AND DELINQUENT LANDS.
TWO BILLS ON EACH SUBJECT.
The Law Affecting Purchase of
Lands Upon which Taxes Have
Not been Paid Greatly Changed
Railway Fence LAW.

ing the sale Of delinquent lands purchased
In the name Of the Auditor
The texts Of the bills on these subjects
are given below. The following is the
railroad-fence bill:
/. BE IL enacted by the General Assem-
bly, of Virginia, That section 1858 Of the
Code of Virginia, 1851, be amended and
re-enacted so as to read as follows:
Section f25S-To enclose road-beds with
| fences; cattle-guards: Every such COM
| pany shall cause to be erected along its
| line and on both sides Of its road-bed
| lawful fences as defined in section 203S,
! which may be made Of timber or wire.
or both. and shall keep the same in pro-
per repair. and with which the owners of
! adjoining lands may connect their fences
at such places as they may deem proper.
| In erecting these fences the company
| shall. at the termni OF those portions Of
| its road-bed which II Is required TO fence,
| and on each side of all public and pri-
vate crossings, construct across its road
| bed and keep I'm good repair sufficient
| cattle-guards with which it's fences shall
| be connected. Such cattle-guards at pri-
vate crossings may. with the consent of
the owners of said crossings. be dis
pensed with. the company in lieu Of cat
tle-guards erecting and keeping I'm good
order sufficient gates. But no court of
this Commonwealth shall have jurlsdic-
ton by writ of mandamus or otherwise
to compel the erection of such fences or
building such cattle-guards.
2. This act shall be in force from its
passage.
NEED NOT BE FENCED.
Following is the act specifying what
portion of the road-bed need not be
fenced:
1. BE it enacted by the General Assem-
bly, Of Virginia. That section 1853 of the
Code Of Virginia, i'm relation to what por-
tions Of their road-bed need not be fenced
by the railway companies. be amended
and re-enacted so as to read as follows
Section disqualification Of section
1853 The preceding section, so far as it
relates to fencing. shall not apply to any
part Of n railroad located within the cor
porate limits of a city or town, or be-
tween the terminals Of the switches.
either way, from the company's depots.
nor TO any part OF a railroad at a place
where there is a cut or embankment
with sides sufficiently steep To prevent
the passage Of stock at such place: nor
shall it apply to a company which has
compensated the owner for making and
keeping I'm repair the necessary fencing.
but the burden OF proving such compen-
sation shall be on the company, and no
report of any commissioners shall be re-
ceived as proof thereof, unless il shall
plainly appear on the face of the report,
or from other evidence in connection
thereof, that an estimate was made by
such commissioner for the fencing and
the expense for the same entered into,
and constituted a part Of the damages
reported and actually paid.
.. This act shall be i'm force from its
passage.
DELINQUENT LANDS.
Below are the bills amending the law
regarding the sale of delinquent lands for
taxes. The first act, which went into er-
feet February 18th, reads:
l. BE it enacted by the General AS
semby of Virginia. That section 6G6 of
the Code Of Virginia, as amended and
re-enacted by an act approved March
s. 1894. In relation to delinquent lands pur-
chased i'm the name of the Auditor, and as
amended and re-enacted by an act
approved January 29, 1896. entitled an act
TO amend and re-enact section 666 of the
Code of Virginia, as amended and re-
enacted by an act approved March ., 1894,
I'm relation to delinquent lands purchased
i'm the name of the Auditor. be amended
and re-enacted so as TO read as follows:
Section 666-When and how lands pur-
chased in the name of the Auditor and
unredeemed are to be sold: When real
estate so purchased i'm the name of the
Auditor is not redeemed by the previous
owner, his heirs, or assigns, or some per-
son having the right to charge the same
with a debt within two years from the
date Of such purchase. any person desiring
TO purchase it shall file an application
with the Clerk of the County or Corpora
ton Court wherein such real estate is
situated for the purchase of such real
estate for the amount for which the sale
to the Commonwealth was made. to-
gether with such additional sums as
would have accrued from taxes and levies
and interest, II such real estate had not
been so purchased by the Commonwealth,
with interest on the amount for which
said sale was made at the rate of per
centum per annum from the day of sale,
and on the additional sums from the 18th
day of December, in the year in which the
same would have accrued in which appl-
cation shall be set out the name of the
person in whose name the real estate
stood at the date of the sale thereof TO
the commonwealth, and the person in
whose name such real estate stands at
the date Of said application on the COM
missioner's books of such county or cor
poration in the event that it has been
transferred contrary TO the provisions of
section i69 of the Code, or If any OF the
said persons be dead, then the name Of
his personal representative, and the
names of the trustees, mortgages, and
as shown by the record in
any deed of trust or mortgage on said
real estate or their personal representa-
tive; provided. the names OF any persons
may be omitted which do not appear of
record In the Clerks office of the county
or corporation I'm which the land Is stu
ated. and If il be situated in the city Of
Richmond which do not appear of re-
cord in Clerks office of the Chancery
Court OF said city; and, provided further,
that the names of any trustee, mortgage,
or beneficiary in any deed Of trust or
mortgage which has been recorded more
than ten years prior TO date OF applica-
ton. may be likewise omitted. And the |
Clerk shall. upon the order Of the appll
cant. his attorney, or agent, make out IS
many copies of said application as there |
are persons named therein, was one adj |
ditional copy. or more. if necessary. and |
unless otherwise directed by the appi- |
cant. his attorney, or agent, deliver them |
10 the Sheriff or Sergeant OF the county |
ar CORPORATION in which the land is |
situated. but may, upon direction OF the |
applicant his agent, or attorney. deliver |
them TO any other party. And the same |
NAV be served on the parties therein |
named. in the same manner and by the |
same parties that a summons to com |
nence a suit may be served. and a similar |
return made thereon by the officer or party |
serving the same. Said return shall |
be made within sixty days after the |
-, ,ba cony of tha annlicofion |