Chap. 351.—An ACT to Authorize the Qualified Voters of the County
of Chesterfield, to vote upon the question of the Removal of the County
Courthouse. ~

Approved April 30, 1874.

Whereas, it has been represented to the general assembly
that the citizens of Chesterfield county desire that the sense
of the people shall be taken upon the change of the location
of the seat of justice of said county; therefore

1. Be it enacted by the general assembly of Virginia, That
it shall be the duty of the officers conducting the elections in
the county of Chesterfield, at the time and places for holding
the elections on the first Tuesday after the first Monday in
November next, in said county, to prepare two separate bal-
lot-boxes, in which shall be deposited the ballots of the qual-
ified voters who shall desire to vote upon the question of such
removal. ,

2. Each qualified voter shall be entitled to cast two ballots.
Firstly, upon the question whether or not said courthouse
shall be removed; secondly, upon the question as to the loca-
tion of said courthouse in case the same be removed; which
said ballots shall be respectively as follows: “For removal.”
‘Against removal.” ‘For the former location.” “For the
town of Chester.” Each ballot cast, which shall have writ-
ten or printed thereon, “For removal,” shall be deemed and
taken as a vote for the removal of the said seat of justice of
the county of Chesterfiéld from the city of Manchester.
Each ballot cast, which shall have written or printed thereon,
“ Against removal,” shall be taken as a vote against the re-
moval of the courthouse. Each ballot cast, which shall have
written or printed thereon, “For the town of Chester,” shall
be taken and counted, in case it be decided to remove said
courthouse, as a vote for the removal of the same to the town
of Chester; and each ballot cast, having written or printed
thereon, ‘For the former location,” shall, in case it be deci-
ded to remove said courthouse, be taken and counted as a
vote for the removal of said courthouse to the former locs-
tion of the same¥from which the seat of justice of said county
was removed in the year eighteen hundred and seventy-one.

3. The officers conducting said elections shall receive the
ballots of every person applying to vote who shall be quali-
fied according to the constitution and laws of this common-
wealth to vote for members of congress then to be elected.
The said officers shall ascertain from each person applyin
to vote for what question voted upon each ballot presented
by him is intended to be cast; but said officers shall not ques-
tion any voter as to the further purport of his ballot. All
ballots cast for or against removal shall be by said officers de-
posited in one of said ballot-boxes, and the ballots cast for
the town of Chester and the former location, in the other of
said ballot-boxes, and shall keep said polls open as long as
the polls for the election of said member of congress shall be
kept open.

. It shall be the duty of the said officers to keep a poll-
book, separate and distinct from the poll-books required by
the general election law of the state, to be provided by the
clerk of the county court, and paid for out of the county
treasury, in which said poll-books shall be entered the name
of every voter voting upon the question of the removal or
location of said courthouse; and said officers shall otherwise
proceed with, certify and return said polls to the clerk of the
county court of said county, and shall be liable to the same
penalties for neglect or failure as are prescribed by the gen-
eral election laws of this commonwealth: provided, however,
that the failure of said officers to certify and return the said
vote upon said poll-book shall not affect the legality of said
election; but said return may be made upon paper, in figures,
or in writing.

5. It shall be the duty of the judge of the county conrt,
in term time or vacation, to appoint five discreet citizens of
said county to act as commissioners, any three or more of
whom shall constitute a board, of which the clerk of said
county court shall be ex-officio clerk, whose duty it shall be
to meet at the clerk’s office of the egenty court of Chester-
field county, on the Monday next succeeding said election,
and then and there proceed to open the several returns which
shall have been made at that office under the provisions of
this act; and shall certify in writing to the county court of
said county, the number of votes cast for and against the re-
moval of said courthouse, and for its removal to the town of
Chester, and the former location, respectively; but said com-
missioners, before proceeding to act, shall take and subscribe,
before some officer authorized to administer oaths in said
county, an oath for the faithful and honest discharge of their
duties as such commissioners, which oath shall be filed in the
office of the clerk cf said court.

6. If the majority of votes shall be for the removal of said
courthouse, then the town of Chester, or the former location
occupied as the courthouse of said county prior to the year
eighteen hundred and seventy-one, for whichever of said
places the largest number of votes shall have been cast, as
the case may be, shall be to all intents and purposes the place
of holding the court of said county of Chesterfield, and for
conducting the business incident thereto, from and after the
first day of January, one thousand eight hundred and seven-
ty-six; and the said county court shall, immediately after re-
ceiving the returns aforesaid, in case it shall have been de-
termined to remove said courthouse, proceed to have such
repairs made to the buildings of ‘said former location, owned
by the said county, and formerly used as a courthouse, clerk’s
offices and jail, as may be necessary, or to cause a courthouse
and other necessary public buildings and fixtures for the
county of Chesterfield, to be erected at such place in the said
town of Chester, as the said court, or the judge thereof, in
vacation, may designate and select, according to which of
said locations shall have received the largest number of votes:
provided, that it shall be lawful for the common council of
said city, by such agents as it may, with the consent and ap-
proval of the judge of the county court of said county, en-
tered of record, designate and appoint for that purpose, have
copies made of such records of the offices of the clerks of the
courts of said county as said council may direct; which co-
pies, when duly attested by the agents appointed as afore-
said, and filed in the office of the clerk of the hustings court
of said city, shall be received in evidence, and have the same
force and effect as the originals would have. The agents
who may be appointed as aforesaid, shall, before entering
upon the discharge of their duties, take and subscribe, before
some person legally authorized to administer oaths, an oath
to faithfully discharge the duties for which they are ap-

ointed, which oath shall be filed in the offiee of the said
uetings court’s clerk.
7. This act shall be in force from its passage.
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