(a) A writing in accordance with the provisions of paragraph (1), or (2) of this section,

(b) A certified copy of the order of court in accordance with the provisions of paragraph (4) of this section.

(6) After the certificate is duly amended in accordance with this section, the amended certificate shall thereafter be for all purposes the certificate provided for by this act.

Sec. 26. Parties to actions.

A contributor, unless he is a general partner, is not a proper party to proceedings by or against a partnership except where the object is to enforce a limited partner's right against or liability to the partnership. Sec. 27. Name of act.

This act may be cited as the uniform limited partnership act.

(1) The rule that statutes in derogation of the common law are to be strictly construed shall have no application to this act.

(2) This act shall be so interpreted and construed as to effect its general purpose to make uniform the law of those States which enact it.

(3) This act shall not be so construed as to impair the obligations of any contract existing when the act goes into effect, nor to affect any action or proceedings begun or right accrued before this act takes effect.

Sec. 29. Rules for cases not provided for in this act.

In any case not provided for in this act the rules of law and equity, including the law merchant, shall govern.

Sec. 30. Provisions for existing limited partnerships.

(1) A limited partnership or partnership association formed under any statute of this State prior to the adoption of this act, may become a limited partnership under this act by complying with the provisions of section two; provided the certificate sets forth

(a) The amount of the original contribution of each limited partner, and the time when the contribution was made, and

(b) That the property of the partnership exceeds the amount sufficient to discharge its liabilities to persons not claiming as general or limited partners by an amount greater than the sum of the contributions of its limited partners.

(2) A limited partnership or partnership association formed under any statute of this State prior to the adoption of this act, until or unless it becomes a limited partnership under this act, shall continue to be governed by the provisions of chapter one hundred and thirtyfive of the Code, except that such partnership shall not be renewed unless so provided in the original agreement.

Sec. 31. Acts repealed.

Except as affecting existing limited partnerships or partnership associations to the extent set forth in section thirty, chapter one hundred and thirty-five of the Code is hereby repealed.

(1918, p. 364. In force June 21, 1918.)

See chapter 365 of Acts 1918, herein, the uniform partnership act. See also sections 2364 and 2365 as to license of partners.

Chap. 220 of Acts 1918.-An Act requiring clerks of courts to make report to the State registrar of vital statistics of all divorces, granted and pending.

1. Be it enacted by the general assembly of Virginia, That the clerk of every circuit or corporation court of this State shall be required to file with the State registrar of vital statistics a report showing the list of divorces granted in his court, as well as those instituted and refused, withdrawn, otherwise disposed of, or pending. Such report shall be made on or before the first day of March of each year, for the year next preceding the first day of January.

The reports shall include alleged cause, sex and color of complainant, place of marriage, number of children in family, and duration of marriage before divorce.

Such reports shall be filed and presented in the said registrar's office, and from them the registrar shall prepare annually an abstract of divorces in each county and corporation and make a report of such divorces to the general assembly at each regular session.

There shall be allowed to the clerks of the county and corporation courts a compensation of three cents for every divorce reported, to be paid out of the treasury on warrant of the auditor of public accounts, to be issued to the clerks severally entitled thereto, upon the filing of the report required in this act to be made to the State registrar. The State registrar shall certify to the auditor of public accounts the number of divorces instituted and reported by each clerk.

(1918, p. 397. In force June 21, 1918.)

For a similar provision, see chapter 66 Code.

Chap. 221 of Acts 1918.-How persons licensed to practice law; certain licenses validated.

(Repealed 1922, p. 654.)

This act was amendatory of section 3191 Code 1904, similar to sections 34103420 Code 1919.

As to incorporation of a company to make abstracts of titles in Virginia, see In re Application for a Charter by the Richmond Title and Abstract Co., Inc., being opinion by State Corporation Commission, 2 Va. L. Reg. (N. S.) 865.

Chap. 222 of Acts 1918.-An Act to provide that members and employees and agents of the State highway commission may use toll roads and toll bridges without payment of toll.

Be it enacted by the general assembly of Virginia, That all members, employees and agents of the State highway commission may use all toll roads and toll bridges in the State, whether owned, in whole or in part, by the State, by any county or district, or by any turnpike company or road association, without the payment of toll.

The possession by any person of a certificate of the State highway commissioner to the effect that said person is an employee or agent of said commission shall be conclusive evidence that such person is entitled to use such road or bridge without the payment of toll. Excepting that for roads owned by incorporated turnpike companies, application for passes are to be made to the president of such company by the highway commissioner, who shall issue such passes to the agent of the State highway commission of Virginia. Any toll-gate keeper who shall refuse to permit any such member, employee or agent of said commission to pass through such toll gate, or over such toll bridge, upon presentation of such certificate, shall be guilty of a misdemeanor, and punished by a fine of not less than two dollars and fifty cents. Such certificates shall not be transferable, and any person exhibiting a false certificate shall be guilty of forgery.

(1918, p. 400. In force June 21, 1918.)

For provision as to toll rates, see section 4083.

Chap. 223 of Acts 1918.-Contraction of the corporate limits of cities and towns.

1. Whenever it is deemed desirable to contract the corporate limits of any city or town the council thereof may enact an ordinance defining accurately the boundary of the territory proposed to be stricken off, and such ordinance shall thereupon be published in at least ten issues of the daily paper published in and having the largest circulation in said city or town, if there be such a paper, or in two successive issues of a weekly newspaper published in such city or town, if there be such paper, and if there be no daily newspaper published therein, and shall be conspicuously posted in at least ten public places in said territory for at least ten days before the application to the circuit court of the city or town, or to the judge in vacation provided for in section two of this act. A copy of said ordinance shall be served by such city or town upon the board of supervisors of the contiguous county or counties of which such territory may become a part.

(1918, p. 401. In force March 14, 1918.)

This act was amendatory of section 1014b Code 1904, similar to section 2969 Code 1919.

Chap. 224 of Acts 1918.-An Act to prevent corporations not organized under the laws of this Commonwealth securing a certificate of authority or license to do business in Virginia where the name of such corporation would conflict with a corporation already doing business in Virginia.

Be it enacted by the general assembly of Virginia, That no certificate of authority or license to transact business in this State shall be issued by the State corporation commission to any corporation, association or fraternal society, incorporated under a jurisdiction beyond the limits of this State and hereby designated as a foreign corporation, hereafter applying therefor, if the name of such corporation, association or fraternal society is not such as to distinguish it from any other corporation engaged in a similar business or promoting or carrying on similar objects or purposes in this State. (1918, p. 401. In force June 21, 1918.)

Chap. 226 of Acts 1918. To provide for the change in the form of government of cities having a population of less than one hundred thousand and of towns, and to provide in what manner such cities and towns may adopt such form of government.

(Repealed 1922, p. 380.)

This act was amendatory of chapter 94 of Acts 1914.

For a similar provision, see sections 2930-2933 Code.

In a proceeding under Acts 1914, page 165, as amended by Acts 1916, page 672, and Acts 1918, page 402, for an election to change the form of government of a city to that known as the "City Manager Plan," the judge of the circuit court acts in a ministerial capacity, and to his finding of facts certified to the clerk of the city council no writ of error lies. City of Roanoke v. Elliott, 123 Va. 393.

Under Acts of 1914, page 165, as amended by Acts 1916, page 672, and Acts 1918, page 402, the judge was to ascertain and certify a fact, to-wit: Did "a majority of the electors, qualified to vote at such election vote for or against the proposed change?" This the judge did, and whether his construction of the statute was right or wrong, or his duty was ministerial or judicial, no writ of error to, or appeal from his order is given. City of Roanoke v. Elliott, 123 Va. 393.

See Harrison v. Barksdale, 127 Va. 180.

Chap. 228 of Acts 1918.-An Act to provide that judgment or decree, as the case may be, shall be given for the defendant in any motion or proceeding to forfeit a bail bond or recognizance, or in any proceeding to enforce the same or a judgment thereon, where it shall appear that the person for whose alleged default such motion is made or proceedings are founded or such bond or recognizance was forfeited, was prevented from complying with the condition of such bond or recognizance by reason of his having enlisted or been drafted in the army or navy of the United States. 1. Be it enacted by the general assembly of Virginia, That if in any motion or other proceeding made or taken in any court of this

Commonwealth, to forfeit a bail bond or recognizance, it appear that the person for whose alleged default such motion is made or proceeding taken was prevented from complying with the condition of such bail bond or recognizance by reason of his having enlisted or been drafted in the army or navy of the United States, then judgment on such motion or proceeding shall be given for the defendant.

2. That in any motion, action, suit or other proceeding in any court of this Commonwealth, on a forfeited bail bond or recognizance, or to enforce the payment of the same in any manner or any judgment thereon, if it shall appear that the person for whose alleged default such bail bond or recognizance was forfeited or judgment rendered, was prevented from complying with the condition of such bond or recognizance by reason of his having enlisted or been drafted in the army or navy of the United States, then judgment or decree on such motion, action, suit or other proceeding shall be given for the defend

ant.

3. All acts or parts of acts inconsistent with this act are hereby repealed.

(1918, p. 408. In force June 21, 1918.)

For a provision relating to forfeiture of bail bond recognizance, see section 4978 Code.

Chap. 229 of Acts 1918.-What fishing by non-residents is unlawful.

If any person not a resident of this State, take or catch fish in any of the waters thereof in any other way than by line, rod, or pole held in the hand, he shall be deemed guilty of a misdemeanor, and fined not less than two hundred nor more than three hundred dollars, and the vessel and fishing apparatus of whatever kind used in the commission of the offense, shall be forfeited to the Commonwealth; and on the failure to pay such fine, he shall be imprisoned in jail not less than two months. Any resident of this State who enters into a co-partnership or other agreement with intent to defeat the object of this section shall be deemed guilty of a misdemeanor, and punished as other violations of this section.

(1918, p. 408. In force June 21, 1918.)

This act was amendatory of section 2115 Code 1904, similar to section 3211 Code 1919.

Chap. 230 of Acts 1918.-Suits by and against trustees.

(Repealed 1920, p. 9. In force June 18, 1920.)

See section 42 Code, as amended, herein, and revisor's notes thereto in Code.

Chap. 231 of Acts 1918.-An Act to allow public officials in Virginia, both State and local, to deposit records in the Virginia State Library.

1. Be it enacted by the general assembly of Virginia, That any State, county, city, town, village, or other public official in the State