Chap. 100.—An ACT to authorize the board of supervisors of Rockingham
county to establish and construct, as a State money aid road, the Broad-
way and Brock’s Gap public highway; to issue and sell bonds of the
county of Rockingham to the extent of one-half of the estimated cost of
such road, and to establish and charge tolls upon such road for the pur-
pose of paying off such bonds, in lieu of the assessment of tax for such

purpose.
Approved March 9, 1910.

1. Be it enacted by the general asembly of Virginia, That the board
of supervisors of Rockingham county, for the purpose of establishing and
constructing, on the State aid plan, an improved and permanent public
highway, on and near the present line of the Broadway and Mathias
(West Virginia) public road, which highway shall extend from the town
of Broadway not less than ten and not exceeding fifteen miles, shall have
power to issue and sell the bonds of the said county to an amount equal
fo two thousand dollars per mile for each mile of such road that said
board of supervisors under authority of this act may determine to estab-
ish and construct: provided, however, that before the board of super-
risors of said county shall have authority to issue bonds herein provided
for there shall be submitted to the qualified voters of Plains magisterial
district (in which number shal] be included those residing within the
limits of the incorporated towns in said district), in the manner provided
by law for holding special elections for bond issues for road improve-
ment, the question, which shall be printed on the ballots, “Shall Plains
magisterial district assume the payment of the bonds of Rockingham
county, proposed for the construction of the Broadway and Mathias
(West Virginia) public road as a toll road, should the tolls provided in
the act authorizing the construction of said road for any reason prove
insufficient ?”

“In favor of assuming payment of said bonds.”

“Against assuming payment of said bonds.”

Should a majority of the qualified voters of said district voting at
such election vote in favor of assuming payment of said bonds, should
the tolls prove insufficient, then the board of supervisors may issue such
bonds.

2. The said board of supervisors shall, upon the completion of any
and every lawful section of such highway, establish a system of toll gates
and tolls thereon, and the rates of toll shall be such as will, in the opinion
of said board, be sufficient to meet and pay off at maturity, or when sub-
ject to call, the bonds that may have been issued as above authorized.
Such tolls may, by the said board, be varied from time to time as the
receipts from such tolls may justify or demand.

3. When and if a majority of the said board of supervisors have de-
termined it to be expedient to accept the provisions of this act, then the
said board shall, in accordance with the provisions of chapter seventy-
six of the acts of the assembly of nineteen hundred and eight, make appli-
cation to the State highway commissioner for State aid, and shall in all
respects be entitled to receive such aid as if the proposed highway was
being, or was to be, established and constructed under the general laws
of the State.

4. The proceedings and methods to be employed in connection with
the establishment and construction of such highway shall be the same as
provided for by said chapter seventy-six of the acts of nineteen hundred
and eight, which shall be read and construed as applying to this act, and
the general road laws of the State, so far as not in conflict with said
chapter seventy-six, and the provisions of this act, shall be held to apply
to this act.

5. The provisions of chapter seventy of the acts of assembly of nine-
teen hundred and eight, so far as they relate to the issuance and sale of
bonds, creation of sinking fund, and redemption of bonds, shall be appli-
cable to bonds issued under this act, except that said bonds shall state
on the face thereof “These bonds are issued for establishment and con-
struction of the Broadway and Brock’s Gap highway,” and shall also
refer to this act as authority for such issue.

6. The funds derived from the sale of said bonds, and the State aid
funds herein provided for, shall be deposited, paid out and accounted
for in the same manner as is provided under the general laws for funds
received from bonds issued for permanent road improvement purposes
and State aid funds so received.

%. The toll collected on said highway shall be collected and accounted
for in the manner to be prescribed by the said board of supervisors, and
shall be by them, from time to time, deposited as a special fund with the
treasurer of Rockingham county.

8. On the amounts received by such treasurer from the proceeds of
the bond issue provided for and from the State aid fund, and from the
toll receipts deposited with him, he shall be entitled to receive a commis-
sion of one-fourth of one per centum, and shall be liable and accountable
for such funds as for all other State or county funds.

9. Out of the receipts from tolls, after expenses for collecting same
have been paid, the said board of supervisors shall, annually, pay the
interest accruing on said bonds, and shall, as fast as practicable, out of
said toll receipts, call in, redeem and pay off the said bonds. If found
expedient the said board of supervisors shall create a sinking fund out
of the toll receipts to be used in payment of said bonds, and the laws
applicable to sinking funds created out of road tax funds shall be appli-
cable to the creation and conduct of such sinking fund.

Should the tolls provided in this act for any reason prove insufficient,
or authority to levy same be revoked, then there shall be levied on all the
property of Plains magisterial district, taxed for State and county pur-
poses, a sum sufficient to provide for the prompt payment of interest
upon said bonds, and to provide a sinking fund for retirement of said
bonds at maturity.

10. In the conduct of the said highway as a toll road said board of
supervisors shall have authority to make such rules and regulations as
may be lawfully made by the governing bodies of chartered toll roads,
and they may also make, in regard thereto, such special and local legis-
lation as they are now permitted to do under authority of chapter two
hundred and twelve of acts of assembly, nineteen hundred and six, with
reference to public highways and bridges.

11. All of the laws in force or hereafter enacted in relation to evasion
of toll gates and payment of tolls on chartered toll roads shall apply on
and to the highway that may be built under authority of this act.

12. It being contemplated and provided herein that one-half of the
original cost of establishing and constructing such highway shall be pro-
vided by tolls to be collected thereon, said highway shall be and continue
entitled to receive a just and equitable share of county and district road
tax funds for the maintenance and keeping in proper order thereof.

13. When a sufficient amount in tolls or otherwise has been collected
to pay off the bonds issued under authority of this act, and the same shall
have been fully paid, the said board of supervisors may, in their discre-
tion, withdraw all toll charges from said highway, or may continue to
enforce such toll charges as will, in connection with all road tax funds
available and properly applicable to such highway, be sufficient to main-
tain such highway in first class condition.

14. The condition of the public roads over the route mentioned being
such that improvement is an urgent public necessity, this act shall be
treated as an emergency act, and shall take effect from the date of its
passage.