Chap. 613.--An ACT to amend and re-enact an act approved March 7, 1900, en-
titled an act to provide for working and keeping in repair the public roads and
bridges of the county of Washington, and to authorize the board of supervisors
to borrow money by the issue of bonds, and to build bridges and macadamize
the roads in said county, and to authorize the qualified voters of said county to
vote on the question.

Approved April 2, 1902.

1. Be it enacted by the general assembly of Virginia, That the act en-
titled “an act to provide for working and keeping in repair the public
roads and bridges of the county of Washington, and to authorize the
hoard of supervisors to borrow money by the issue of bonds, and to build
bridges and to macadamize the roads in said county, and to authorize the
qualified voters of said county to vote on the question,” approved March
seventh, nineteen hundred, be, and the same is hereby, amended so as to
read as follows:

That the board of supervisors of Washington county be, and they are
hereby, constituted a road board for said county, which board shall take
charge of, and have worked and kept in repair, all public roads and
bridges heretof ore and hereafter established in said county, and may adopt
such regulations as may be necessary to secure the proper w orking of the
roads, or building and repair of the bridges, in said county, and for that
purpose may purchase such tools, machinery, stock, wagons, carts, and so
forth, for snid county, or any district therein, as they deen necessary, OF
they may let to contract the construction or improvement of said roads
and bridges upon such terms as they deem proper, or may employ convict
labor thereon in the manner prescribed by law.

2. They shall annually levy along with the county levy a tax upon all
the property—real and personal—assessed for taxation in the several
magisterial districts of the county, which shall be apphed to working
and keeping in repair the public roads and bridges in said districts, and
the compensation of the enginecr and others provided for under the pro-
visions of this act. Such tax shall not be more than fifty cents on every
one hundred dollars valuation of such property. The said levy and other
levies made under this act shall be collected, accounted for, and paid out
724 ACTS OF ASSEMBLY.

on the warrant of the said board as if it were a county levy, except that
the levy for each magisterial district shall be kept separate by the county
treasurer: provided, that cach supervisor may draw on his own warrant
only the funds of his magisterial district. And a different rate of taxa-
tion may be prescribed in the different magisterial districts in said
county. And the amount collected in each magisterial district shall be
expended i in the district in which it has been collected.

3. Said board of supervisors shall appoint a competent engineer, who
shall be known as the “road engineer,” whose duty it shall be to super-
intend all roads in said county; and any application for a new road cor
change in grade of an old road shall be made to the board of supervisors,
and if considered of public necessity, they shall order the said engineer
to locate or relocate, as the case may be, the said road, and said engineer,
after having notice served upon the land owners through whose property
the proposed road may run, °r upon their tenants in possession, shall
make his report at the next meeting of said board, showing the probable
cost of construction, the damages allowed, and anything else pertinent that
may be required by the said board: provided, however, that no new road
shall be located at a steeper grade than three and one-half degrees, and
no road already established shall receive any of the public money after
one year from the passage of this act, unless it shall be regarded so as to
conform to the same degree, unless the engincer shall certify that it is
impracticable to get the degree required by this act: provided, further.
the degree shall not be changed on the road known as the Abingdon and
Russell turnpike road. The board of supervisors may alter, reject, er
confirm the report of the engineer. And if the land owners through
whose land the road is proposed to be located or relocated, as the case may
be, cannot agree with the engineer as to the amount of damages, or any
other matter. affecting their interest, then any land owner who may fee!
aggrieved by the said report of the road engineer may make exceptions
thereto hefore said board; and if any land owner feels aggrieved by the
action of said board, he may have the said report, with the alterations, if
any, returned by the board of supervisors to the next term of the county
court, where he may make exceptions thereto, and the county court shall
consider said report as if it were the report of the viewers contemplated
in section nine hundred and forty-nine, and all subsequent proceedinz=
thereon shall be under the general provisions of chapter forty-three of
the said Code, except that when any road shall be ordered to be opened.
made or altered, located or relocated, the same shall be done by and under
the supervision of the county road engineer as herein provided: provided.
further, that the judge of the county court shall, if he deems the said
report of the road engineer insufficient in any particular, recommit thr
said report to the said engineer for a more full and explicit report. and
any proceeding under this act in the county court shall have precedence
over all other civil cases on the court docket, except unlawful detainer
cases on said docket.

The road engineer shall hold huis office for the term of one year from
his appointment, unless sooner removed by said board. The said enginecr
shall receive such compensation for his services as said board shal] allow.
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4. The engincer shall make annual reports to the board of supervisors,
or oftener, as said board may direct, of the condition of the roads and
bridees in each magisterial district in said county, the progress of any
new work, the amount of money required to complete said work, any
change or changes necessary in any roads or bridges in the several dis-
tricts of the county, the probable cost of the same, and anything else
deemed pertinent by said board.

5. Isach supervisor shall have charge of the roads of his district, and
shall have power to appoint a sufficient number of foremen to take charge
of the hands in his district; said foremen shall be able to read and write,
and shall make reports, from time to time, to the supervisor as he may
direct. In case of a road or bridge being on the line dividing two magis-
terial districts, the road engineer and the supervisors of the adjoining
districts shall divide the road between each district in such a way as will
equally divide the expense of repairing said road.

6. If a bridge is to be built or repaired on the line, each district shall
bear one-half of the expense of building or repairing said bridge. Each
supervisor shall receive for his services, to be paid out of the road fund of
his district, one dollar and fifty cents per day for each day actually em-
ployed in looking after the roads in his district: provided, he shall not
reccive more than one hundred dollars for the same in any one year. The
foreman appointed under this act shall receive not less than one dollar
nor more than one dollar and twenty-five cents per day for the time actu-
ally employed on their roads; and all hands shall receive the usual price
paid for hands in said county. The supervisor of each district shall buy
and keep in repair all the necessary tools for working and kecping in re-
pair said roads in his district. In the event that expensive machinery is
wanted, he may combine with any or all the other supervisors of the
county in purchasing the same. In case any foreman fails to keep his
road in order, on the complaint of any three tax-payers of his district, he
may be fined not more than twenty dollars, if it can be shown that he has
funds at his command for repairing said road. Said fines shall be recov-
erable before any justice of the peace in said county. If any supervisor
shall fail or fefuse to keep the roads in his district in repair, after being
notified by the road board to do so, and it can be shown that he has money
at his command, he may be fined not more than fifty dollars for each
offense, said fine to be recoverable before the county court of the county ;
and it is hereby made the duty of the prosecuting attorney to prosecute
said supervisor for such failure.

7. For the purpose of constructing and macadamizing roads and build-
ing new bridges in said county, the hoard of supervisors be, and they are
hereby, empowered to issue bonds in the name and on behalf of the
county of Washington, to be called “public improvement bonds,” for a
sum not exce eding two hundred thousand dollars, and to sell the bonds
under such conditions are are hereinafter prescribed, and with the pro-
coeds of such sale to build roads or bridges in the various districts of said
county, expending in each district such proportion thereof as said board
may deem advisable : provided, that the board of supervisors shall not
issue any bonds or other evidences of debt provided for in this act in ex-
cess of fifty thousand dollars until it has ordered a special election for
the purpose and submitted the question of issuing said bonds to the qual-
ified voters of Washington county. They shall fix the time for holding
such clection, and cause notice thereof to be published at least four time:
in any newspaper published in the county, and to be posted at each voting
place in the county, at least one month before said election. Said election
notices shall state the purposes for which said election is held. Provided.
further, that said board may, without submitting the question of a bond
issue to the voters of said county, or any district therein, issue bonds or
other evidences of debt of said county for such amounts as they deem
necessary, not in excess of fifty thousand dollars, for the purpose of mak-
ing such improvements in said county, district or districts, and may levy
a tax in such district or districts wherein said improvements are made,
in addition to the regular county levy, for an amount sufficient to pay
the interest on, and provide a sinking fund for the amount or amounts
so expended therein: provided, further, that of the money obtained under
the provisions of this clause of this section not more than ten thousand
dollars shall be expended in any one district of said county.

8. That the bonds issued in pursuance of this act shall be coupon bonds
of not less denomination than one hundred dollars nor more than one
thousand dollars each, payable in not more than forty years from their
date, and bearing interest, payable annually, at a rate not exceeding six
per centum per annum, the said board having the right to redeem any of
the said bonds after the expiration of ten years. The said bonds shall be
issued in the name of Washington county, Virginia, shall be signed by
the chairman of the board of supervisors of said county, attested by the
clerk of the county court thereof, and shall have affixed thereto the seal
of the said board of directors.

9. The said board of supervisors are hereby empowered to make sale
of said bonds, but no bond shall be sold for less than the par value
thereof, and the said bonds and coupons for interest thereon shall be re-
deemable in lawful money at maturity, and shall be receivable at maturity
for all taxes and other debts due the said county of Washington except
school levies.

10. The form of said bonds and coupons shall be determined by said
board of supervisors.

11. All moneys realized from the sale of said bonds shall be received
by the treasurer of the said county, and drawn out of his hands on war-
rants issued by the board of supervisors: provided, that each supervisor
shall draw only the funds belonging to his own district.

12. The said bonds and coupons issued under this act shall be redeem-
able at the office of the treasurer of Washington county, and when paid
by him or received for taxes or other debts, shall be marked paid or can-
celled. Said bonds shall be exempt from all taxation of the county.

13. The said board of supervisors shall create a sinking fund, to be ap-
plied to the redemption and payment of the bonds issued under this act.
and shall annually, until such bonds are paid, pay over to the sinking
fund commissioners provided for in this act a sum sufficient to meet the
interest annually, and pay off the said bonds in forty years.
14. Three substantial citizens and tax-payers of Washington county,
to be designated by the board of supervisors, are hereby appointed a board.
of sinking fund commissioners, who shall give bond to the board: of
supervisors, to be approved by them, in double the amount of money
likely to come into their hands for the faithful performance of duty,
whose duty it shall be to receive said sinking fund from the board of
supervisors, loan same, or invest the same in road bonds of the county,
and shall receive for their services one per centum of all money so re-
ceived and loaned or paid out. Should either of said sinking fund com-
missioners fail or refuse to qualify, or, after qualifying, resign or dic,
then said vacancy shall be filled by the board of supervisors.

15. It shall be the duty of the officers charged with conducting elec-
tions in Waslrington county to hold an election, when so directed by the
board of supervisors, in accordance with the provisions of this act, for
the purpose of taking the sense of the qualified voters of said county upon
the question of issuing the bonds authorized in this act. Said election
shall be by ballot, and be conducted as other elections are conducted.
Upon each ballot shall be printed the words, “For bonds,” “Against
bonds.” Each voter shall be handed a ballot xt the voting place, and he
shall express his choice by scratching from the ballot the words “For
bonds” if he desires to vote against the issue; “Against bonds” if he de-
sires to vote for the issue.

16. The judges of each election precinct shall ascertain the will of the
people by counting the ballots, and certify the result to the judge of the
county court in the manner and form of other clections.

17. The commissioners of election shall canvass the returns within ten
days after the election and declare the results.

18. The bonds provided for in this act shall be issued if a majority of
those voting at such election shall vote for the issuance of the same: pro-
vided, a majority of the legalized voters of said county vote at such elec-
tion. But should a majority of the ballots be cast against such issue,
then the question shall not, within twelve months, be again submitted to
the vote of the people, and said bonds shall not be issued.

19. It shall be lawful for the board of supervisors to build bridges
wherever the public necessity may demand. Upon the recommendation
of the supervisors of two adjoining districts when they shall determine
to build a bridge on the line between said districts, or upon the recom-
mendation of the supervisor of a district when he shall decide to build a
bridge in his own district, the board of supervisors may, by and with the
advice of the county engineer, locate said bridge and require said engi-
neer to make a report to them, giving plans und specifications, and the
probable cost of such bridge, and they may lay a local levy on said dis-
trict or districts to pay for the building of said bridge, and the district
in which any bridge is built shall bear the whole expense of such bridge,
or if built between two districts, they shall bear each one-half of said
expense, and the board of supervisors may issue certificates for the whole
amount of said expense, pavable in one, two, three, four, and five years,
bearing interest at the rate of six per centum per annum, and the said
certificates shall state upon their face for what bridge they are issued and
G25 ACTS OF ASSEMBLY.

out of what district levy they shall be paid, and the terms of their pay-
ment.

20. The board of supervisors shall devise a system of book-keeping in
order to carry out the intention of this act, and require by order the
clerk of said board to keep said books as directed, and they shall prescribe
the method by which the treasurer shall keep nis books with reference to
the county and district road levy and the collection of county and district
road tax, and require said treasurer to follow said plan, and if the treas-
urer or clerk of the board of supervisors shall fail or refuse to so carry
out the order of the board of supervisors, they shall be fined for each
offense not less than twenty-five dollars nor more than fifty dollars, fine
to be recoverable by motion after reasonable notice in the circuit court
for the county of Washington.

21. It is further provided that the board of supervisors may let to con-
tract, if they think proper, the building of any of the bridges across the
said streams, or the macadamizing or keeping in repair any of the roacs
provided for in this act, to the lowest responsible bidder, and have the
power to reject any and all bids.

22. Specifications for said work shall be drawn by the road engineer,
and the work carricd on under his supervision: provided, further, that
no supervisor, road engineer, or foreman shall be personally interested,
either directly or indirectly, in any contract for the building of any
bridge or the making or altering of any road.

23. All acts or parts of acts inconsistent with this act are hereby re
pealed.

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