by a fine of not less than twenty ($20.00) dollars nor more than one hundred ($100.00) dollars for each such offense. (1920, p. 57. In force June 18, 1920.) Sec. 885. Red cedar trees; declared public nuisance, when. It shall hereafter be unlawful within this State for any person, firm or corporation to own, plant or keep alive and standing upon his or its premises, ang red cedar tree, or trees (which are or may be) the source, harbor or host plant for the communicable plant disease commonly known as "orange" or "cedar rust," of the apple, and any such cedar trees, when growing within a radius of two miles of any apple orchard in this State are hereby declared a public nuisance and shall be destroyed as hereinafter provided, and it shall be the duty of the owner or owners of any such cedar trees to destroy the same as soon as they are directed to do so by the State entomologist, as hereinafter provided. (1920, p. 370. In force June 18, 1920.) This section was taken from Acts 1914, page 49. It is a valid exercise of the police power of the State for the protection of the public interest. The cedar trees which fall within the condemnation of the cedar rust law would not have constituted either a public or a private nuisance at common law. Bowman v. Va. State Entomologist, 128 Va. 351, 105 S. E. 141. Sec. 892. Levy upon apple orchards to reimburse. Whenever the court orders any damages paid out of the general fund of the county under the preceding section, or the county treasurer makes any payments out of the general fund of the county under section eight hundred and eighty-nine, the said county fund shall be reimbursed by a specific levy of not exceeding one dollar per acre on all apple orchards planted ten years or more, and not exceeding fifty cents per acre on all orchards planted more than two years and less than ten years, in each magisterial district in which this law shall have become operative as hereinafter provided. If a single levy does not provide a sufficient fund to reimburse the county fund for the amounts paid out as aforesaid, the levy may be repeated from time to time until the county fund is fully restored, but not more than one levy shall be made in any one year in the same district. The court awarding damages shall direct the commissioner of the revenue for the district or districts in which the law has become operative to report at the next annual assessment the names of all owners of apple orchards over two years old and less than ten years old, and all owners of apple orchards over ten years old, in such district or districts, together with the number of acres owned by each person. The court shall thereupon fix such specific amount per acre to be paid by each owner as will in the aggregate net the amount necessary to reimburse the county fund for all damages and costs previously paid out under the provisions thereof. The court shall enter an order directing each owner to pay his respective portion so ascertained to the county treasurer, and such order shall have the force and effect of a judgment of the court; if said amounts are not paid within thirty days from the date of said order the county treasurer shall proceed to collect the same as taxes are collected; provided, however, that all damages awarded and assessments made therefor shall be by magisterial districts, each district bearing its own expenses in the enforcement of this chapter; provided, further, that any orchard owner who is aggrieved by an erroneous levy or assessment made against him under this section, may apply by motion for relief against the same at the court that ordered the levy, at any time within twelve months after the date of the order ascertaining the amount to be paid by the several owners and directing payment; and if the court is satisfied that the applicant is erroneously assessed in such levy, either in whole or in part, it shall correct the same, directing that the applicant be exonerated from so much as is erroneously charged against him, if it is not already paid, and if paid that it be refunded to him. Such motion shall be after five days' notice to the attorney for the Commonwealth, who shall represent the county at the hearing. The amount fixed by the court upon orchards planted more than two and less than ten years shall be one-half the amount fixed by the court as a charge upon orchards planted ten years or more. (1922, p. 246. In force June 18, 1922.) Sec. 894. This section is a part of section 1790, Code 1904. In State v. Main, 69 Conn. 123, 37 Atl. 80, 61 Am. St. Rep. 30, 36, L. R. A. 623, is involved the Connecticut statute (similar to the statute in Virginia, Acts 1889-90, page 145, requiring the destruction of peach trees infected with the disease known as "Yellows"); and it is therein held that the enactment of such statute was a proper exercise of the police power unless the courts can see that there could be no possibility of any apprehension of substantial danger of the spread of the disease to other peach orchards by allowing the infected trees to live. Bowman V. Va. State Entomologist, 128 Va. 351, 105 S. E. 141. Sec. 906. For article on "Delegation of Power to Boards and Commissions," see 6 Va. L. R. (N. S.) 801. Sec. 911. For act requiring railroads to furnish water to live stock, see chapter 489 of Acts 1920, herein. Sec. 926. Conditions of the annuity to the institute; curators of the fund. (Repealed; 1920, p. 492. In force December 1, 1920.) Sec. 927. Selection of students. (Repealed; 1920, p. 492. In force December 1, 1920.) Sec. 928. Treasurer of institute; his appointment and bond. (Repealed; 1920, p. 492. In force December 1, 1920.) Sec. 929. Board of education to turn over funds to institute and college; payment of interest on debt of State held by them. (Repealed; 1920, p. 492. In force December 1, 1920.) Sec. 930. Annual report of college and institute. Sec. 1004. Hospitals and colonies continued; how managed. The State hospitals for the insane established at Williamsburg, Staunton, Marion and Petersburg, shall be continued as established and located, and shall continue to be under the management of the general board of hospital directors and special boards of directors. The departments for the criminal insane as established at the Southwestern State Hospital at Marion and at Central State Hospital at Petersburg shall also be continued as established and located. The said departments shall continue to be used for the purpose of holding in custody and caring for such persons as may be declared insane or feeble-minded after conviction of any crime and while serving sentence therefor in the penitentiary, or in any other penal institution, or in any of the reformatories or elsewhere; and persons in custody under complaint or indictment for any crime who, prior to trial, are, or may be, adjudged insane or feeble-minded; such persons in custody under complaint or indictment for any crime as the court may, in its discretion order there for proper care and observation, pending the determination of their mental condition, and persons who have been adjudged insane or feeble-minded at the time when, but for such insanity or feeble-mindedness, they should have been tried; provided, however, that it shall not be lawful to receive into the criminal departments of such hospitals such feeble-minded persons unless they be charged with or convicted of felony. The Virginia State Epileptic Colony, and the Virginia Colony for Feeble-minded, as now located in Amherst county, shall be continued as established and shall hereafter be known as the State Colony for Epileptics and Feeble-minded, and shall continue to be under the management of the general board of hospitals directors and the special board of directors, and the colony for colored feeble-minded, as now established ont he grounds of the Central State Hospital shall be continued as established as a department of said Central State Hospital, and be under the management and control of the general board of directors and of the special board of directors of the said Central State Hospital, which said Central Hospital shall also have under the same said management and control, a department for colored epileptics. All patients adjudged to be feeble-minded or epileptic by regular commissions to determine the mental condition of such patients and committed as such to either of the above two institutions therefor respectively whether by a commission and justice of the peace, or by court order, who have been found by the superintendent of such institution to be feeble-minded or epileptic and who appear on the records of the institutions to have been so admitted, are hereby declared to be lawfully committed patients of the State Colony for Epileptics and Feebleminded, or of the Colony for Colored Feebleminded, or of the said department for colored epileptics as the case may be. (1920, p. 376. In force March 16, 1920.) Sec. 1005. Location and corporate names of hospitals. The directors for each of said hospitals and their successors shall respectively continue to be corporations; for the hospital at Williamsburg with the name of the "Eastern State Hospital"; for the hospital at Staunton with the name of the "Western State Hospital"; for the hospital at Petersburg (established for the reception and treatment of colored persons of unsound mind) with the name of the "Central State Hospital"; for the hospital at Marion with the name of the "Southwestern State Hospital"; and the colony for the care of the epileptic and feeble-minded at Madison Heights, Amherst county, shall be a corporation with the name of the "State Colony for Epileptics and Feeble-minded." The special boards of the respective hospitals and colonies, may receive gifts, bequests and endowments to or for the respective hospitals or colonies in their names or to or for any person or persons committed to or in the custody of such hospitals or colonies, and when such gifts, bequests and endowments are accepted by the special board of any of the said institutions the said special board and its successors shall well and faithfully administer such trusts. (1920, p. 376. In force March 16, 1920.) Sec. 1017. For an act as to extradition of persons of unsound mind, see chapter 341 of Acts of 1920, herein. Sec. 1019. Records, etc. The record of proceedings under this chapter for the commitment of insane, epileptic, inebriate and feeble-minded persons together with the warrant of commitment, shall be made in duplicate, one copy of which shall be delivered by the judge or justice to the sheriff or sergeant of the county or city and the other copy filed in the office of the county clerk of the county or clerk of the corporation court of the city who shall record the same in a book to be kept for the purpose, either by copying into such book the principal facts of such records of proceedings including the name of the person committed, the name of the members of the commission, the findings of the commission, the disposition made of the case and the date thereof, or by inserting the papers themselves in a proper prepared loose-leaf binder book. Such book shall be supplied by the county or city, shall be kept properly indexed by the clerk and shall be known as the "Record Book of Insane, Epileptic, Inebriate and Feeble-minded Persons." (1920, p. 376. In force March 16, 1920.) Sec. 1021. Fees and expenses. The two physicians shall receive a fee of five dollars each for their services. The justice of the peace shall receive a fee of two dollars for his services, and all witnesses regularly summoned before such commission shall receive such compensation for their attendance and mileage as is allowed witnesses summoned to testify before grand juries. The justice and each physician shall receive like mileage. All expenses incurred in committing any person to any State hospital, or colony, including the fees, attendance and mileage aforesaid, shall be paid by the county or city from which such patient is sent, provided that in any case where at the time he was so sent such person was not a legal resident of the county or city from which he was so sent such county or city shall be reimbursed all such expenses by the county or city of the legal residence of such person at that time, such reimbursement to be made by such county or city of the place of legal residence upon the presentation to its board of supervisors or city council as the same may be of a certificate from the clerk of the circuit court of the county, or of the corporation court of the city making the payment in the first instance showing such payments with the items and amount thereof with an endorsement thereon by the clerk of the circuit court of the county or the corporation court of the city of such legal residence certifying that in his opinion and belief the fact of such legal residence has been established by affidavits or other evidence filed or found in his office. (1920, p. 376. In force March 16, 1920.) Sec. 1022. Disposition of insane, epileptic, feeble-minded and inebriate persons after commitment. The sheriff or sergeant to whose custody an insane, epileptic, feebleminded or inebriate person has been committed or within whose bailiwick the commission is held, shall forthwith on the same day the person is so adjudged make application to an appropriate hospital or colony for the admission and transfer of such insane, epileptic, feebleminded or inebriate person to such hospital or colony transmitting a copy of the record of proceedings before the commission with such application. Unless otherwise instructed by the commissioner of State hospitals, the sheriff or sergeant shall make such application to the nearest appropriate hospital or colony. As soon as the record of proceedings before a commission of insanity, feeble-mindedness, epilepsy, or inebriety, wherein a person is found to be insane, feebleminded, epileptic or inebriate, is filed in the office of the county clerk or of the clerk, of the corporation court, that officer shall at once notify the commissioner of State hospitals and the State Board of Charities and Corrections, giving the name and age, sex, and color of the insane, epileptic, feeble-minded, or inebriate person, the date of the finding of the commission and the custody to which such insane, epileptic, feeble-minded or inebriate person was committed. If such insane, epileptic, feeble-minded or inebriate person has been committed to jail and after the expiration of six days from the date of the finding of the commission he is still confined in jail, such clerk shall notify the commission of State hospitals of the fact. (1920, p. 376. In force March 16, 1920.) Sec. 1024. Duties of sheriffs and sergeants as to persons committed to State hospital. Before delivering an insane, epileptic, feeble-minded or inebriate person to the authorities of a hospital or colony, the sheriff, sergeant or other person having him in charge shall see that he is ciean, free from vermin or any contagious disease and properly clothed. All persons applying for admission to any hospital or colony shall be, when so required by the superintendent of such hospital or colony, delivered to the agent of such hospital or colony at the nearest or most convenient |