Chap. 188.—An ACT Providing for Submission to the People of the
Proposed Amendments to the Constitution of Virginia, in Relation to
County Organization.

Approved April 15, 1874.

1. Be it enacted by the general assembly, That it shall be
‘the duty of the officers conducting the election directed by
law to be held on the first Tuesday after the first Monday in
November, cighteen hundred and seventy-four, at the places
appointed for holding the same, to open a poll to take the
sense of the qualified voters of this commonwealth, upon the
ratification or rejection of the amendments to the constitution
of Virginia, contained in joint resolutions proposing amend-
ments to the state constitution, in relation to ¢ounty organi-
zations, and directing a submission of said proposed amend-
ments to the people, for their approva and ratification, viz:
Strike from the constitution of Virginia the first and second
sections of the seventh article, in reference to county organi-
zations, which are in these words:

“County organizations.

Ҥ 1. There shall be elected by the qualified voters of the
county, one sheriff, one attorney for the commonwealth, who
shall also be the commonwealth’s attorney for the circuit
court; one county clerk, who shall also be the clerk of the
circuit court, except that in counties containing fifteen thou-
sand inhabitants, there may be a separate cldtk of the circuit
court; one county treasurer, and one superintendent of the
poor. And there shall be appointed, in the manner provided
for in article eight, one superintendent of schools: provided,
that counties containing less than eight thousand inhabitants
may be attached to adjoining counties, for the formation of
districts for superintendents of schools: provided, also, that
in counties containing thirty thousand inhabitants there may
be appointed an additional superintendent of schools therein.
All regular elections for céunty officers shall be held on the
first Tuesday after the first Monday in November, and all
officers elected or appointed under this provision, shall enter.
upon the duties of their offices on the first day of January
next succeeding their election, and shall hold them respective
offices for the term of three years, except that the county
and circuit court clerks shall hold their offices for four years.

“ Townships.

Ҥ 2. Each county of the state shall be divided into-so
many compactly located townships as may be deemed neces-
sary, not less than three: provided, that after three have
been formed, no additional township shall be made contain-
ing less than thirty square miles.* Each township shall be
known as the township of ——, in the county of ——, and
may sue and be sued by such title. In each township there
shall be elected, annually, one supervisor, one township clerk,
one assessor, one collector, ode commissioner of roads, one
overseer of the poor, one justice of the peace, who shall hold
his office three years; one constable, who shall hold his office
three years: provided, that at the first election held under
this provision, there shall be three justices of the peace and
three constables elected, whose terms shall be one, two and
three years respectively. All regular elections for township
officers shall take place on the fourth Thursday in May, and
all officers so elected shall enter upon the duties of their re-

ctive offices on the first day of July, next succeeding their
election. The supervisors of each township shall constitute
the board of supervisors for that county, and shall assemble
at the courthouse thereof on the first Monday in December,
in each year, and proceed to audit the accounts of said county,
examine the books of the assessors, regulate and equalize the
valuation of property, fix the county levies for the ensuing
year, apportion the same among the various townships, and
perform such other duties as shall be prescribed by law.”

And insert, in lieu thereof, the following:

“ArticLe VII.
“ County organizations.

‘“§ 1. There shall be elected by the qualified voters of the
county, one sheriff, one attorney for the commonwealth, who
shall also be the commonwealth’s attorney for the circuit
court; one county clerk, who shall also be clerk of the circuit
court, except that in counties containing fifteen thousand in-
habitants, there may be a separate clerk for the circuit court;
one county treasurer, and so many commissioners of the rev-
enue as may be provided by law; and there shall be appointed,
in a manner to be provided by law, one superintendent of the
poor, and one county surveyor; and there shall also be ap
pointed, in the manner provided for in article eight, one s-
perintendent of schools. All regular elections for county
officers shall be held on the fourth Thursday in May; and ail
officers elected or appointed, under this provision, shall enter
upon the duties of their offices on the first day of July, nex
succeeding their election, and shall hold their respective of.-
ces for the term of four years, except that county and circe:
court clerks shall hold their offices for six years.

Ҥ 2. Each county of the state shall be divided into =.
many compactly located magisterial districts as may |:
deemed necessary, not less than three: provided, that afte?
these have been formed no additional districts shall be mad
containing less than thirty square miles; each magisteria
district shall be known as —— magisterial district, of ——
county. In each district there shall be elected one superv:
sor, three justices of the’ peace, one constable, and one ove:
seer of the poor, who shall hold their respective offices fc:
the term of two years. All regular elections for magistens
district officers shall take place on the fourth Thursday is
May, and all officers so elected shall enter upon the daties «
their respective offices on the first day of July, next succeed
ing their election. The supervisors of the districts shall cos.
stitute the board of supervisors for that county, whose duty
it shall be to audit the accounts of the county, examine the
beoks of the commissioners of the revenue, regulate and
equalize the valuation of property, fix the county levies for
the ensuing year, and perform any other duties required 01
‘them by law.”

Strike out the third section ef the same article, which i:
in these words:

“ School districts.

“8 3. Each township shall be divided into 50 many com-
pactly located school districts as may be deemed nec :
provided, that no school district shall be formed containing less
than one hundred inhabitants. In each school district there
shall ba elected or appointed, annually, one school trustee, whe
shall bold his office three years: provided, that at the first elec-
tion held under this provision there shall be three trustees
elected, whose terms shall be one, two and three years re-
spectively.”

And insert, in lieu thereof, the following:

“ School districts.

“83. Each magisterial district shall be divided into so
many compactly located school districts as may be deemed
necessary: provided, that no school district shall be formed
containing less than one hundred inhabitants. In each school
district there shall be elected or appointed, annually, one
school trustee, who shall hold his office three years: provided,

Google
that at the first electidn held under this provision there shall
be three trustees elected, whose terms shall be one, two and
three years respectively.”

From the same article strike out the fourth section, which
is in these words:

“ Road districts.

““§ 4. Each township shall be divided into one or more road
districts. In each road district there shall be elected, an-
nually, one overseer of roads, under whose direction the roads
shall be Kept in repair, at the public expense, in a mode pre-
scribed by law.”

Schedule.

2. The legally constituted officers of the several counties
and townships of the state, at the date of the ratification of
these amendments by the people, shall continue to discharge
the duties of their respective offices until the officers provi-
ded for by these amendments shall have been elected or ap-
pointed and qualified ; and all bonds and recognizances entered
into by any county or township officer for the faithful dis-
charge of the duties of his office, shall remain valid and bind-
ing, and all rights and liabilities under the same shall continue
and may be prosecuted as provided by law.

3. At such election, each of said voters who shall approve
said amendments shall deposit a ticket or ballot on which
shall be written or printed, the words, “ For the amendments
to the constitution;” and each of said voters who shall be
opposed to said amendments shall deposit a ticket or ballot
on which shall be written or printed the words, “Against the
amendments to the constitution.”

4. That immediately after closing the polls, the said officers
shall count the ballots deposited at said election for and
against said proposed amendments, and shall make return
thereof at the time and in the manner provided by law, as
in the case of other elections; and it shall be the duty of the
clerks and commissioners of election, of each county re-
spectively, to make out, certify, and forward an abstract of
the votes cast for and against said proposed amendments in
the manner now prescribed by law in relation to votes cast
in general elections.

5. It shall be the duty of thesecretary of the commonwealth,
and of the state board of canvassers, to open and canvass the
said abstracts of returns, and to examine and make statement
of the whole number of votes given at said election for said
proposed amendments and against said proposed amendments
respectively, in the manner now prescribed by law in relation
to votes cast in general elections; and it shall be the duty ot
the secretary of the commonwealth to record said certified
statement in his office, and without delay to make out and
transmit to the governor of the commonwealth, an officia
copy of said statement, certified by -him under his seal of
office.

6. The governor shall, without delay, make proclamation
of the result, stating therein the aggregate vote for and
against the amendments, to be published in such newspapers
in the state as may be deemed requisite for general informa.
tion; and if a majority of said votes be cast for the ratifica-
tion of the said amendments, he shall annex to his procla-
mation a copy thereof, together with a copy of this act.

7. The secretary of the commonwealth shall cause to be
sent to the clerks of each county and corporation as many
copies of this act, and of the resolutions aforesaid, as there
are places of voting therein; and it shall be the duty of said
clerks to deliver the same to the sheriffs for distribution,
whose duty it shall be forthwith to post the said copies at
some public place in each election district.

8. The expenses incurred in conducting this election shal!
be defrayed as in the case of the election of members of the
general assembly.

9. This act shall be in force from its passage.