sanatorium with such printing, lithographing, engraving, ruling, and binding as may be required of them in their several departments for the proper conduct of the business of the State, provided, however, it shall be optional with the management of the State hospitals for the insane, the State colony for the epileptic and feeble-minded, and the Catawba sanatorium as to whether they shall have their printing and binding done through the public printer or elsewhere. He shall furnish such printing as may be ordered by either house of the general assembly, and shall also cause to be published in such papers as may be ordered, proclamations and advertisements for the officers enumerated above. It shall be the duty of the officers, departments, boards and institutions enumerated above, with the qualification above stated, to order all of their printing, binding, ruling, lithographing, engraving, and advertising upon requisition upon the superintendent of public printing, stating clearly and distinctly the description of the work, the quantity, and the time delivery is desired, and the superintendent shall enter the same in the order book required to be kept by section three hundred and eighty-one. The superintendent of public printing shall furnish the various departments and officers with the necessary blank requisitions upon which orders for printing are to be made. (1922, p. 734. In force June 18, 1922.)

Sec. 385. Payment of all bills for printing, binding, et cetera.

All accounts accruing under this chapter shall be approved by the superintendent as correct and according to contract, if that be a fact, and when so approved shall be presented to the officer for whose department the work was done or the material furnished, who shall certify the account, if found correct, to the auditor of public accounts, to be paid out of the general fund appropriated for the public printing by warrant on the treasury. During the sessions of the general assembly all accounts for printing, and so forth, for the senate or house of delegates shall be certified by the speaker of the house or the president of the senate, as the case may be, but during the recess thereof said accounts shall be certified by the superintendent of public printing. Each officer, board, department or institution, except the governor, general assembly, secretary of the Commonwealth, auditor, second auditor, treasurer, attorney-general, register of the land office, superintendent of public printing, corporation commission, legislative reference bureau and commission of fisheries, shall, upon statements rendered by the superintendent of public printing, draw a warrant on the auditor, payable out of the funds appropriated for the maintenance of such department, institution or board into the treasury to the credit of the printing fund covering the cost of the printing, binding, ruling, and so forth, furnished such department, board or institution. For all other printing, binding, ruling, lithographing, engraving, advertising, wrapping, mailing, freight, postage, expressage, or stationery, or other material, for the payment of which no provision is otherwise made, accounts certified by the superintendent of public

printing to be correct and according to contract, shall be presented to the auditor of public accounts, and, if found correct, paid by him by warrant on the treasury.

In determining amount to be paid for composition under the provisions of this chapter, nothing shall be allowed or paid for any unnecessary blank page.

(1922, p. 734. In force June 18, 1922.)

Sec. 399. What covered by the term stationery.

(Repealed 1922, p. 734. In force June 18, 1922.)

Sec. 405. The act of March 12, 1912 (Acts 1912, page 292), is not invalid because it proposes to fund the bonds in question by the use of a part of certain State bonds authorized by the act of February 20, 1892 (Acts 1891-2, page 533), for the settlement of the public debt of Virginia not funded under previous acts. The funding bonds thus provided for have not as yet been called for or used, and there is no reason why the State may not apply these unused assets to the present purpose. Stuart's Exors. v. Sinking Fund Comrs. 123 Va. 224, 96 S. E.

239.

Sec. 417. Copies of unsigned grants, when admissible in evidence; Commonwealth's right relinquished when certain taxes paid; correction on record of grants signed but signature not recorded. Where the records in the land office disclose the fact that the land warrant used as the foundation for a grant of any of the public lands of this Commonwealth, subject to grant, was fully paid for and that the right of such grant was finally and fully completed in the manner prescribed by law and a grant therefor made out and spread upon the proper record book in said office, in due form of law and regular in every respect except only that the name of the then governor of Virginia was not recorded at the foot thereof on said record book, it shall be the duty of the register of the land office, upon the request of any person interested, to furnish a copy of such grant as it appears of record in said office, together with a certificate to the effect that the land warrant upon which said grant was founded was fully paid for; that the right to such grant had been finally and fully completed in the manner prescribed by law, and that said grant was regular in every respect except only that the signature of the governor did not appear at the foot thereof on the record. Such copy and certificate shall be received in evidence in any legal proceeding in which the title to the land described in said grant, or any part thereof, is brought in controversy and shall be prima facie evidence of title to such land; and when the land embraced in such grant, or any part thereof, shall have been regularly on the proper land books and the taxes and levies regularly assessed thereon and paid by the claimants thereof, claiming under such grant, for a continuous period of twenty years, any title which may rest in the Commonwealth, to so much of such land as has been so on the land books and upon which the taxes and levies shall have been so paid, shall be relinquished to the person so claiming the same and no location of any land office warrant thereon shall be valid; and any such claimant of such land on which the taxes and levies

shall have been so paid, may file a petition in the circuit court of the county in which such land lies, after ten days' notice in writing to the attorney for the Commonwealth for said county, who shall appear and defend the same on behalf of the Commonwealth and the county, and upon satisfactory proof of the fact that such land had so been on the land books of said county and all the taxes and levies regularly paid thereon for the period of time hereinabove specified, and the production before said court of the copy of such grant and the certificate of the register of the land office, herein before provided for, the court shall make an order which shall recite and set forth all of such facts so proved and shown, which order, when so made and entered of record on the proper order book of said court, shall operate to effectually relinquish to the person so claiming such land through and under such grant, whatever right and title may rest in the Commonwealth thereto; and a copy of such order shall be conclusive evidence of the better right of the claimant under such grant, in any caveat proceeding or any other controversy between such claimant and any other person claiming under a location of such land or any part thereof, made after the date of such order.

But nothing contained in this section shall in any manner affect any right adverse to any person claiming under such grant, which vested prior to the passage of this act, nor divest the right or title, if any, of any junior grantee of any part of the land embraced within the exterior bounds of such grant, claiming under a junior grant which was regularly issued prior to the passage of this act, or any one holding or claiming through or under such junior grantee, or any one claiming by adverse possession of himself or his predecessors in title, but in any controversy between such adverse claimants or junior grantees, or persons claiming or holding through or under them, and any person holding or claiming through or under such grant as is first herein mentioned, the contesting parties shall be left to the strength of their respective rights and titles according to the nature of the case, independent of this section and just as if it had not been enacted.

If it shall appear from the original of any such grant as is first hereinabove referred to, that such original was actually signed by the governor, the register of the land office shall, upon the presentation to him in his office, of such original grant so signed, correct the record thereof so as to conform to such original grant and affix thereto the date of such correction and a certificate of the fact that such original, duly signed by the governor, had been so presented to him.

(1922, p. 658. In force June 18, 1922.)

Sec. 444. In this case appellant claimed that equity was without jurisdiction to repeal, set aside, or annul a grant accorded by the Commonwealth for the reason that section 444 of the Code of 1919 provides that such relief shall be by filing a caveat, and that after a grant is issued by the Commonwealth no one claiming a prior equitable or legal title can have relief in equity except upon the ground of actual fraud, or upon the ground that the party was prevented from prosecuting a caveat by fraud, accident, or mistake. But section 444 of Code of 1919 provides that the omission of any person to enter a caveat should

not impair any right he might have at law or in equity to assert a better right; and section 486 of the Code of 1919 expressly provides for a suit in equity to repeal a grant obtained by fraud, contrary to law, or to the prejudice of another's equitable rights. Chapman v. Kite, 130 Va. 70, 107 S. E. 702.

Sec. 479. Courts of equity have jurisdiction to set up lost deeds or wills, but it is dangerous jurisdiction and so pregnant with opportunities of fraud and injustice that it will not be lightly exercised, nor except upon the clearest and most stringent proof. Dunnavant v. Dunnavant, 120 Va. 301, 91 S. E. 138. Sec. 486. See note of Chapman v. Kite, cited under section 444. Sec. 526. Commission may purchase lands for forest reserves; rules and regulations; donations of lands; what reservations may be made; duty of attorney general.

Said commission shall have the power to purchase lands in the name. of the State suitable for forest reserves using for such purposes any surplus money not otherwise appropriated which may be standing to the credit of the forest reserve fund, and to make and enforce all rules and regulations governing State reserves, the care and maintenance thereof, the preventing of trespassing thereon, and for the conduct of its officers, agents, and employees; and it may accept gifts of land and money to the State for forestry purposes, the same to be held, protected and administered by said commission as State forest reserves, and to be used so as to demonstrate the practical utility of timber culture and as a breeding place for game. Such gifts must be absolute, except that mineral and mining rights over and under land donated may be reserved by the donors, and that the lands shall be administered as State forest reserves. The attorney general of the State is directed to see that all deeds to the State lands for the purpose mentioned above are properly executed before the gift is accepted.

(1920, p. 614. In force June 18, 1920.)

Sec. 530. What trees may be sold by commission; how sale made; disposition of proceeds.

For the purpose of maintaining in perpetuity the production of forest products on State forests, said commission, upon the recommendation of the State forester, may cause to be designated and appraised such of the trees as should be cut under the principles of scientific forest management, and may sell the same for not less than the appraised value thereof. When the appraised value of the trees to be sold is more than one thousand dollars, said commission, before making sale thereof shall receive bids therefor, after notice by publication once a week for four weeks in two newspapers of general circulation; but said commission shall have the right to reject any and all bids and to re-advertise for bids. The proceeds arising from the sale of the timber and trees so sold shall be paid into the State treasury, and shall be held as a special fund for the improvement or protection of State forests or for the purchase of additional lands, and shall be paid out in like manner as money appropriated for the use of said commission. (1920, p. 614. In force June 18, 1920.)

Sec. 540. Forest wardens; their appointment, compensation and removal; oath; powers.

Whenever the State geological commission considers it necessary, it may apply to the governor to commission such persons as it may designate to act as forest wardens of this State, to enforce the forest laws, and, under the direction of the commission, to aid in carrying out the purposes of this chapter; but they shall be subject to removal at any time at the pleasure of the State geological commission. Such wardens shall receive such compensation from time to time as the State geological commission may allow them for special services. Forest wardens thus appointed shall, before entering upon the duties of their office, take the proper official oath before the clerk of the court of the county in which they reside, after which they shall, while holding said office, possess and exercise all the authority and power held and exercised by constables at common law and under the statutes of this State, so far as arresting and prosecuting persons for violations of any of the forest fire laws or of any of the laws or rules or regulations enacted or made, or to be enacted or made, for the protection of the State forestry reserves, or for the protection of the fish and game contained therein, are concerned.

(1920, p. 614. In force June 18, 1920.)

Sec. 541. Duties of forest wardens; enforcement of law; fires.

It shall be the duty of the forest wardens to enforce all forest laws of this State, to protect the State forests, and to see that all rules, regulations, and laws for the protection of the State forests are enforced; to report violations of the forest laws to the State forester; to assist in apprehending and convicting offenders, and to make an annual report to the State forester as to forest conditions in their immediate neighborhood. When any forest warden shall see or have reported to him a forest fire, it shall be his duty immediately to repair to the scene of the fire and employ such persons and means as in his judgment seem expedient and necessary to extinguish said fire, within the limits of such expense as he may have been authorized to incur. He shall keep an itemized account of all expenses thus incurred and send such account immediately to the State forester. No action for trespass shall lie against any forest warden on account of lawful acts done in legal performance of his duty.

(1920, p. 614. In force June 18, 1920.)

Sec. 542. Supervisors may make levies for forest protection, improvement and management; expense of fighting fires; action

for.

The board of county supervisors of the several counties of this State are hereby authorized to levy and appropriate money for purposes of fire protection, improvements and management; and said boards shall have recourse under an action at law for debt against