Chap. 167.—An ACT to authorize a Poll to be taken in King & Queen
County, to ascertain the Sense of the People of said County on the
question of the Removal of the Site of the Seat of Justice of said
County, and for other purposes.connected therewith,

Passed) March 7, P88,

Whereas it is repr oxented to this general assembly, by the
county court of King & Queen county, that the courthonse,
jail and clerk's office of said county have been destroyed hy
fire and that a large portion of the citizens of said county
desire the removal of the seat of justice from its present site :

1. Be it therefore enacted by the eeneral assembly, hat
the county court of said eounty be and itis hereby authorized
and empowered to appoint five frecholders as commissioners
and a conductor for each place of voting in the said county,
any two or more of which said commissioners may act, who
shall open polls on the twenty-fourth day of May next, at the
several places tor which they shall be respectiv ely appointed,
for the purpose of ascertaining the sense of the people of
said county, whether four-sevenths of them, or of such of
them as may choose to vote, as hereinatter directed, desire
the removal of the seat of justice of said) county from its
present site; and whether. if four-sevenths of them desire
such removal. a majority of them, or such of them as may
choose to vote, desire its removal to cither one of the three
places, to wit, * Stevensville’ * Brooks’ Corner, on the lands
of James M. Jettries,” or © Carlton’s Store: to all of which
pl aces it has been pr oposed that said removal shall be made.
‘The said polls shall contain five columns: one of which shall
be headed * For removal of location of courthouse :” one,
* Against removal of location of courthonse;” one, © or re-
moval of courthouse to Stevensville;” one, * For removal of
courthouse to Carlton's Store,” and the remaining one, “ For
removal of courthouse to Brooks’ Corner, on the lands otf
James M. Jeffries:” and the names of the voters shall be
written in the column headed “ For” or “ Against removal,”
and in the column headed with the name of the place voted
for, according as they may vote. '

2. The said conductors shall smolnt so many writers In
each case as the said commissioners shall think necessary ;
and the said commissioners and conductors shall keep the
said polls open tor the space of three days. “They shall poll
the vote of every person claiming the right to vote, who is
qualitied according to the laws and constitution of this com-
monwealth to vote for a delegate from said county to the
general assembly; and they shall preceed with, certify and
return the said polls to the clerk of the county court, in the
same manner that similar officers are required by law to pro-
ceed with, certify and return the poll taken by them for a
delegate to the ¢ general assembly; and they shall be liable to
the same or like fines and penalties for similar neglect or
failure therein.

3. If only one of said commissioners appointed for any
place shall attend and be willing to act, he may associate with
himself as a commissioner any treeholder who may be present;
and if none of the commissioners attend, then any two free-
holders present and agreeing to act, shall be commissioners :
and if a conductor appointed for any place shall fail to act,
the commissioner acting at said place may appoint a con-
ductor in his stead; but every commissioner, conductor and
writer appointed or acting under the provisions of this act,
shall, betore entering on the discharge of his duties, take an
oath to the following ettect :

“T do solemnly swear, that in the poll now about to be
taken, I will faithtully and impartially discharge the duties
appertaining to my office, according to law. So help me God.”

Which said oath may be administered in the manner now
prescribed by Jaw for the administration of the like oath to
similar officers superintending and conducting the election of
a member of the general assembly.

4. That James W. Smith, Joseph T. Henley, John R.
Baeby, Napoleon B. Street and Robert B. Spencer be and
they are hereby appointed commissioners (any three of whom
may act), whose duty it shall be to meet at the clerk’s office
of the county court of King & Queen county, on some day
not less than ten nor more than twenty days after the closing
of said polls, and then and there proceed, in the presence of
each other, to scrutinize, purge and correct the polls taken
on the subject of the removal of said seat of justice; which
sud polls shall be produced to them by the clerk of the said
court; and they shall decide upon the legality or illegality of
votes 80 polled. and have power to sit from d: ly to day until
their duties shall be discharged. The clerk of the said court,
with the orivinal polls (and the officers who superintended
and conducted said polls, if desired by said commissioners),
and the sheriff and commissioner of the revenue of’ said
county, shall attend the said commissioners when in the dis-
charge of their duty: and-having stricken from the said polls
the names of all such persons as in the opinion of a majority
of them were not entitled to vote, the said commissioners
shall make or cause to be made a tnir copy of said polls so
corrected, and shall verify the same by taking and subscribing
before some justice of the peace for said county of King &
Queen, an affidavit to the tollowing effect, to wit:

“We, A, B.C, Ge, do hereby make oath (or affirm) that
we have ¢ arétully examined the foregoing polls, and that we
have stricken therefrom the name of no person who, in the
opinion of the majority of us, had a legal right to vote, and
that the name of no one remains thereon who, a majority of
us concur in believing, is not entitled to vote according to
the provisions of this act. Sworn to and subscribed before
me, ; a justice of the peace for the county of
King & Queen, this day of eighteen hundred
and sixty-six.”

And it shall be the duty of the said commissioners to re-
turn the said corrected polls, so verified, to the clerk of the
county court of said county, to be preserved by him in his
office: and if it shall appear to said commissioners, or a ma-
jority of them, from the polls so corrected, that four-sevenths
of the votes so taken are in favor of the removal of the said
courthouse from its present site. then either of the places before
designated, to wit, Stevensville.” “ Brooks’ Corner, on the
land of James M. Jeftries,’ or “ Carlton’s Store,’ which shall
receive a majority of the votes cast. shall be the permanent
place of holding courts for said county, and conducting the
business incident thereto; but in the event that neither of
the places so designated shall receive a majority of the whole
vote cast, even though four-sevenths of them vote for re-
moval, or in the event that one of said places shall receive a
majority of the whole vote cast, unless four-sevenths of them
shall vote tor removal, then the site for the seat of justice of
said county shall remain unchanged.

5. If so many of the said commissioners appointed by the
preceding section of this act shall fail to attend at the clerk’s
office by twelve o’clock on the day of their mecting, that
three of them shall not be present at that hour, or being
present, shall refuse to perform the duties herein required of
them, it shall be lawful for any one or more attending and
being willing to act, to associate with himself or themselves
such other person or persons of their choice, being free-
holders, as shall make up their number to three, who shall
proceed, with them, to perform al] the duties of a commis-
sioner for the purposes of this act, as though he or they were
hereby appointed.

6. In the event that the site of the seat of justice of said
county shall be removed, the county court of said county
shall have power to sell or otherwise dispose of the present
location, in such manner and on such terms as they may deem
best, and they shall proceed to provide a lot of land, not ex-
ceeding two acres, and a courthouse and such other buildings
as the law requires to be erected at the place to which said
removal shall be made.

7

7. This act shall be in force from its passage.
Chap. 167.—An ACT to authorize a Poll to be taken in King & Queen
County, to ascertain the Sense of the People of said County on the
question of the Removal of the Site of the Seat of Justice of said
County, and for other purposes.connected therewith,

Passed) March 7, P88,

Whereas it is repr oxented to this general assembly, by the
county court of King & Queen county, that the courthonse,
jail and clerk's office of said county have been destroyed hy
fire and that a large portion of the citizens of said county
desire the removal of the seat of justice from its present site :

1. Be it therefore enacted by the eeneral assembly, hat
the county court of said eounty be and itis hereby authorized
and empowered to appoint five frecholders as commissioners
and a conductor for each place of voting in the said county,
any two or more of which said commissioners may act, who
shall open polls on the twenty-fourth day of May next, at the
several places tor which they shall be respectiv ely appointed,
for the purpose of ascertaining the sense of the people of
said county, whether four-sevenths of them, or of such of
them as may choose to vote, as hereinatter directed, desire
the removal of the seat of justice of said) county from its
present site; and whether. if four-sevenths of them desire
such removal. a majority of them, or such of them as may
choose to vote, desire its removal to cither one of the three
places, to wit, * Stevensville’ * Brooks’ Corner, on the lands
of James M. Jettries,” or © Carlton’s Store: to all of which
pl aces it has been pr oposed that said removal shall be made.
‘The said polls shall contain five columns: one of which shall
be headed * For removal of location of courthouse :” one,
* Against removal of location of courthonse;” one, © or re-
moval of courthouse to Stevensville;” one, * For removal of
courthouse to Carlton's Store,” and the remaining one, “ For
removal of courthouse to Brooks’ Corner, on the lands otf
James M. Jeffries:” and the names of the voters shall be
written in the column headed “ For” or “ Against removal,”
and in the column headed with the name of the place voted
for, according as they may vote. '

2. The said conductors shall smolnt so many writers In
each case as the said commissioners shall think necessary ;
and the said commissioners and conductors shall keep the
said polls open tor the space of three days. “They shall poll
the vote of every person claiming the right to vote, who is
qualitied according to the laws and constitution of this com-
monwealth to vote for a delegate from said county to the
general assembly; and they shall preceed with, certify and
return the said polls to the clerk of the county court, in the
same manner that similar officers are required by law to pro-
ceed with, certify and return the poll taken by them for a
delegate to the ¢ general assembly; and they shall be liable to
the same or like fines and penalties for similar neglect or
failure therein.

3. If only one of said commissioners appointed for any
place shall attend and be willing to act, he may associate with
himself as a commissioner any treeholder who may be present;
and if none of the commissioners attend, then any two free-
holders present and agreeing to act, shall be commissioners :
and if a conductor appointed for any place shall fail to act,
the commissioner acting at said place may appoint a con-
ductor in his stead; but every commissioner, conductor and
writer appointed or acting under the provisions of this act,
shall, betore entering on the discharge of his duties, take an
oath to the following ettect :

“T do solemnly swear, that in the poll now about to be
taken, I will faithtully and impartially discharge the duties
appertaining to my office, according to law. So help me God.”

Which said oath may be administered in the manner now
prescribed by Jaw for the administration of the like oath to
similar officers superintending and conducting the election of
a member of the general assembly.

4. That James W. Smith, Joseph T. Henley, John R.
Baeby, Napoleon B. Street and Robert B. Spencer be and
they are hereby appointed commissioners (any three of whom
may act), whose duty it shall be to meet at the clerk’s office
of the county court of King & Queen county, on some day
not less than ten nor more than twenty days after the closing
of said polls, and then and there proceed, in the presence of
each other, to scrutinize, purge and correct the polls taken
on the subject of the removal of said seat of justice; which
sud polls shall be produced to them by the clerk of the said
court; and they shall decide upon the legality or illegality of
votes 80 polled. and have power to sit from d: ly to day until
their duties shall be discharged. The clerk of the said court,
with the orivinal polls (and the officers who superintended
and conducted said polls, if desired by said commissioners),
and the sheriff and commissioner of the revenue of’ said
county, shall attend the said commissioners when in the dis-
charge of their duty: and-having stricken from the said polls
the names of all such persons as in the opinion of a majority
of them were not entitled to vote, the said commissioners
shall make or cause to be made a tnir copy of said polls so
corrected, and shall verify the same by taking and subscribing
before some justice of the peace for said county of King &
Queen, an affidavit to the tollowing effect, to wit:

“We, A, B.C, Ge, do hereby make oath (or affirm) that
we have ¢ arétully examined the foregoing polls, and that we
have stricken therefrom the name of no person who, in the
opinion of the majority of us, had a legal right to vote, and
that the name of no one remains thereon who, a majority of
us concur in believing, is not entitled to vote according to
the provisions of this act. Sworn to and subscribed before
me, ; a justice of the peace for the county of
King & Queen, this day of eighteen hundred
and sixty-six.”

And it shall be the duty of the said commissioners to re-
turn the said corrected polls, so verified, to the clerk of the
county court of said county, to be preserved by him in his
office: and if it shall appear to said commissioners, or a ma-
jority of them, from the polls so corrected, that four-sevenths
of the votes so taken are in favor of the removal of the said
courthouse from its present site. then either of the places before
designated, to wit, Stevensville.” “ Brooks’ Corner, on the
land of James M. Jeftries,’ or “ Carlton’s Store,’ which shall
receive a majority of the votes cast. shall be the permanent
place of holding courts for said county, and conducting the
business incident thereto; but in the event that neither of
the places so designated shall receive a majority of the whole
vote cast, even though four-sevenths of them vote for re-
moval, or in the event that one of said places shall receive a
majority of the whole vote cast, unless four-sevenths of them
shall vote tor removal, then the site for the seat of justice of
said county shall remain unchanged.

5. If so many of the said commissioners appointed by the
preceding section of this act shall fail to attend at the clerk’s
office by twelve o’clock on the day of their mecting, that
three of them shall not be present at that hour, or being
present, shall refuse to perform the duties herein required of
them, it shall be lawful for any one or more attending and
being willing to act, to associate with himself or themselves
such other person or persons of their choice, being free-
holders, as shall make up their number to three, who shall
proceed, with them, to perform al] the duties of a commis-
sioner for the purposes of this act, as though he or they were
hereby appointed.

6. In the event that the site of the seat of justice of said
county shall be removed, the county court of said county
shall have power to sell or otherwise dispose of the present
location, in such manner and on such terms as they may deem
best, and they shall proceed to provide a lot of land, not ex-
ceeding two acres, and a courthouse and such other buildings
as the law requires to be erected at the place to which said
removal shall be made.

7

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