Chap. 359.—An ACT to provide for the improvement of public roads in Rock-
bridge county, to authorize the issuance of county bonds for the purpose, and
to apportion “the proceeds of said bonds among the several magisterial districts,
and to provide for the authorization of the issue of bonds by an election.

Approved March 14, 1908.

1. Be it enacted by the general assembly of Virginia, That on the
petition of two hundred or more of the qualified voters of Rockbridge
county, who shall be freeholders of said county, the circuit court may
order a vote to be taken of the qualified voters of said county, the same
day that some general election is held, to determine whether or not the
county shall issue and sell its bonds for improving its public roads in
the manner and under the conditions hereinafter named.

The bond issue shall be specified in the order of the court, and shall
not be more than two hundred thousand dollars nor less than fifty thou-
sand dollars, as may be specified in the above-recited petition: provided,
however, that such order shall not be entered by said court until and
except it shall be made to appear to the court that notice of the ap-
plication to the court for such order has been published once a week,
for four successive weeks, in each of the newspapers published in the
town of Lexington, and by posting printed notices at the front door of
the court house and at each polling place in the county for four weeks.

2. The ballots to be used at such election shall be prepared and dis-
tributed by the electoral board as ballots are prepared and distributed
by them for general elections, and shall have printed on them “for issue
of bonds for road improvement,” and “against issue of bonds for road
improvement,” in separate lines, and the voter shall prepare his ballot
in accordance with the provisions of the general law.

3. Such election shall be held by the regular election officers of the
county on the day of a general election, the ballots shall be deposited
in a separate box, to be provided by the electoral board of the county,
and the votes shall be counted and certified by the judges of election.
returned to the county clerk, and canvassed by the commissioners of
election in the manner prescribed by law for general elections, and the
result of said election, as determined by the commissioners of election,
shall be certified by the county clerk to the circuit court, and the ballots
and poll hook shall be held by said clerk, subject to the order and in-
spection of said court.

4. The qualified voters, at any election held under this act, until other-
wise provided by general law, shall be those qualified to vote at the
general election, at which the sense of said voters shall be taken on said
question.

5. If, from the certificate of the county clerk of the result of said
election as determined by the commissioners of election, or from an in-
spection of the ballots and poll books, the said circuit court shall be of
opinion that a majority of votes cast at such election was for issue
of bonds for road improvement, the said court shall enter an order to
that effect and shall direct the board of supervisors to issue and sell
the bonds of the county in accordance with the provisions of this act.
6. When the circuit court shall have entered its order as provided
for in section five of this act, the board of supervisors shall proceed
to issue and sell the bonds of the county for the amount specified by the
court in its order for said election. Said bonds may be either registered
or coupon bonds, in such form and denomination as the board of super-
visors may determine, shall bear interest at a rate not exceeding five
per centum per annum, payable semi-annually, and the principal shall
be payable forty years from their date and payable as to both principal
and interest at the office of the county treasurer. It shall be provided
by the board of supervisors that said bonds shall be payable at the option
of the county, after the expiration of a period of ten years and notice
to the holders thereof, of the intention of the county to pay the same, or
anv particular bond, shall be given, by publication in some newspaper
to be designated in said bonds, and interest on any bond so elected by
the county to be paid shall cease on the date fixed for such payment.
Said bonds shall be signed by the chairman of the board of supervisors
and attested by the county clerk and have affixed thereto the seal of the
county.

%. The board of supervisors shall sell said bonds by sealed proposals
or bids therefor, after dulv advertising the sale thereof for sixtv days.
The proceeds of said bonds shall be deposited with the county treasurer
or such other repositorv as the hoard of supervisors may select, with the
approval of the cirenit court, or the judge thereof in vacation. pro-
vided, however, that the proceeds of said bonds shall not be placed
in the custody of any person or corporation until he or it shall have
entered into bond before the county clerk with security to be approved
bv him, in a penalty to be fixed by the board of supervisors and suffi-
cient to secure the county against loss, and conditioned to have said
fund forthcoming on the order of the board. Tf said funds are paid to
the county treasurer he and his sureties on his official bond shall be re-
sponsible therefor; and the board of supervisors may, in their dis-
cretion, require other and additional security of him as hereinbefore
indicated, the cost of which shall be paid out of the said fund, and he
shall receive a commission of one-fourth of one per centum for re-
ceiving and disbursing said fund.

8. The proceeds of sale of said bonds after paving the cost of pre-
paring and selling them, shall be used for the permanent improvement,
construction and macadamizing of public roads in the several magis-
terial districts of the county and for that purpose shall he apportioned to
the said several magisterial districts according to the value of the taxable
property of each district as ascertained by the assessment of said property
made for taxation during the year said bonds are sold, and when a road so
improved constitutes the boundary line hetween two districts. cach of
them shall be charged with and account for one-half of the cost of such
road.

9. So far as is practicable, the work of improvement and construction
of roads under the provisions of this act shall be of a permanent nature
and the roads to be improved shall he so selected as to form a svstem
of thoroughfares over the routes which are most extensively used.

10. The board of supervisors of the county shall, under the provisions
of this act, have entire control and management of the improvement and
construction of roads. It shall be the duty of the secretary of the board
of supervisors to keep, in hooks for that purpose, a complete record
of the transactions of the board and its accounts of receipts and expend-
itures, to be entirely separate from other transactions of the board.
They shall be charged with the duty of selecting the roads to be con-
structed or improved, and of determining the character of improvement
or construction, shall determine what roads or parts of roads shall be
re-located, shall acquire the right of way necessary for such change of
location. They shall, in their discretion, employ a competent engineer
or engineers, and shall fix their pay, and shall purchase such machinery
and other property and equipment as they may deem necessary to put
into effect this act, and the road construction and improvement to he
made under the provisions of this act shall be prosecuted as far as is
practicable under the contract system, said board of supervisors shall
advertise for sealed bids for such construction as to it may seem best.
and shall require of such contractors bond and security for the faithful
performance of their said contracts.

11. The board of supervisors shall, under this act, receive for their
services the sum of three dollars for each day thev are actually employed
in the discharge of their duties, except that the chairman, in addition
to this per diem, shall receive the sum of one hundred dollars per an-
num, and it is further provided that no member of the board of super-
visors shall be emploved by any contractor or be interested in any con-
tract made under this act. The secretarv shall receive one hundred
dollars per annum for his services under this act.

12. The judge of the cireuit court of the county of Rockbridge shall
appoint a committee of three competent men, whose duty it shall he to
audit the accounts of the said board of supervisors every ninety days,
and make report thereof to the said judge, either in term time or va-
cation, and shall have the same published in one or more of the county
“papers. Said committee shall receive for their services five dollars per
day, which, together with cost of advertising, shall be paid by the
road board out of the fund created by this act.

13. All payments made under the provisions of this act shall be made
on the order of the board of supervisors by warrants signed by its
chairman and attested by its secretary, drawn on the repository having
custody of the funds arising from the sale of bonds under this act.

14. No irregularity in the election provided for in this act, or in the
issuance of the bonds to be issued hereunder, shall affect the validity of
said bonds in the hands of a bona fide holder thereof.

15. This act shall not be construed as in any manner amending or
altering the law now in effect for working and keeping in repair the
roads of Rockbridge county, except that the same shall not be applicable
in the use and expenditure of the fund arising from a sale of bonds
under this act.

16. The board of supervisors shall annually levy upon all property
and lawful subjects of taxation for county purposes in said county a
sum and tax sufficient to pay the interest on said bonds, and in such
manner as they may deem best create a sinking fund sufficient to pay
‘he said bonds at or before maturity.