CHAP. 210.—An ACT to amend and re-enact an act to amend and re-enact
an act to provide for the improvement of public roads in Charlotte
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 11, 1908, adding thereto sevtions JZ,
17% and 1ftea, approved March 10, 1910, adding thereto sections
lWTlab, 173se and 17!2d.

Approved March 13, 1912.

1. Be it enacted by the general assembly of Virginia, That
an act to provide for the improvement of public roads in Char-
lotte 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 author-
ization of the issue of bonds by an election, approved March
twelfth, nineteen hundred and eight, be amended and re-enacted
so as to read as follows:

§1. Be it enacted by the general assembly of Virginia, That
on the application of the board of supervisors of Charlotte coun-
ty, or on the petition of one hundred or more of the qualified
voters of said county, who shall be freeholders of said county,
the circuit court of said county shall order a vote to be taken
of the qualified voters of said county, at a special election to
be held on a day to be named in the order of the court, which
may be the same day that some general election is held, to de-
termine whether or not the county shall issue and sell its bonds
for the purpose of improving its public roads in the manner and
under the conditions hereinafter named.

The amount of 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 thousand dollars; provided, however,
that such order shall not be entered by said court until and ex-
cept it shall be made to appear to the court that notice of the
application to the court for such order has been published at
least once a week for four successive weeks in some newspaper
published in Charlotte county, or if there is no paper publisned
in the county, then by posting such notices at the front door of
the court house for four weeks.

2. The ballots to be used at such election shall be prepared
and distributed 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 improvements,” 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. On said ballots shall be print-
ed the names of candidates for road commissioners for the sev-
eral magisterial districts, as hereinafter provided for.

§3. Such election shall be held by the regular election officers
of the county, and if held on the day of a general election the
ballots shall be deposited in separate boxes, 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 circuit court, and the ballots
and poll books shall be held by said clerk subject to the order and
inspection of said court. |

$4. The qualified voters at any special election held under
this act, until otherwise provided by general law, shall be those
qualified to vote at the preceding general election, except those
who by commission of crime or removal from the district or
county have disqualified themselves to vote.

§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 inspection of the ballots and poll books, the said cir-
cuit court shall be of opinion that a majority of the 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 di-
rect the board of supervisors to issue and sell the bonds of the
county in accordance with the provisions of this act.

$6. At the said election there shall be chosen by the
qualified voters of each magisterial district two road commis-
sioners, whose duties and compensation shall be such as are
hereinafter prescribed. Candidates for the office of road com-
missioner shall give notice to the county clerk in the manner
prescribed by the general law for candidates for county and dis-
trict officers and their names in a like manner certified by said
clerk to the electoral board.

$7. 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 supervisors may determine on,
shall bear interest at a rate not exceeding five per centum per
annum, payable either annually or semi-annually, and the prin-
cipal shall be payable forty years from their date, and payable
as to both principal and interest at the office of the county treas-
urer. It may be provided by board of supervisors that any or
all of said bonds shall be payable at the option of the county,
after the expiration of a period of twenty years, in which event
such option shall be stated in the tace of the bonds, and by a
like note so stated in said bonds provision shall be made for no-
tice to the holders thereof of the intention of the county to pay
the same, or any particular bond, by personal notice to such
holder or holders or by publication in some newspaper to be des-
ignated in said note on said bonds; interest on any bond so elect-
ed 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.

S§8. The board of supervisors may sell said bonds through
an agent employed for the purpose or by sealed proposals or
bids therefor, after duly advertising the sale thereof, but said
bonds shall not be sold for less than the par value thereof. ‘The
proceeds of said bonds shall be deposited with the county treas-
urer or such other repository as the board may select, with the
approval of the circuit court, or the judge thereof in vacation;
provided, 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 before the county clerk, with security to be
approved by him, in a penalty to be fixed by the board of super-
visors and sufficient to secure the county against loss, and con-
ditioned to have said fund forthcoming on the order of the
board. If said funds are paid to the county treasurer he and
his official bond shall be responsible therefor, and the board of
supervisors may in their discretion 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 receiving and disbursing said
fund.

§9. The proceeds of the sale of said bonds, after paying the
costs of preparing and selling them, shall be used for the per-
manent improvement and construction of public roads in the
several magisterial districts of the county, and for that purpose
shall be apportioned to the said several 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: provided, however, that in making
such apportionment of said funds the districts in which perma-
nent roads have already been constructed from the proceeds of
sale of county bonds shall each of them be charged with and
account for a sum equal to the amount so expended in each dis-
trict for such permanent roads derived from the sale of such
bonds, and when a road so improved constitutes the boundary
line between two districts, each of them shall be charged with
an account for one-half of the cost of such road.

$10. The two road commissioners for-each magisterial dis-
trict to be elected under the provisions of this act. together
with the member of the board of supervisors for such district,
shall compose a road board for the district, and the road board
of each district shall be charged with the dutv of selecting the
roads to be constructed or improved in their district and of de-
termining the character of improvements or construction to be
made, and such other duties as may be assigned to them under
this act.

§11. 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
be so elected as to form a system of throughfares over the routes
which are most extensively used. When controversies arise be-
tween the several districts over the selection of the road to be
improved, the same shall be decided by the State highway com-
missioner.

When the road boards of adjoining districts decide to im-
prove a road which constitutes.a boundary line between them,
then the cost of improving such road to the extent that it con-
stitutes such boundary line shall be paid one-half of each dis-
trict; and when the road board of a district desires to improve
any road which constitutes a boundary line between districts
and the road board of the adjoining districts refuses to join in
such improvement, then the State highway commissioner shall
decide whether or not such road shall be improved by the two
adjoining districts at their joint cost.

$12. Each district road board hereinbefore provided for
shall select one of their number as a member of a county road
board, and the members so selected by the several district road
boards shall constitute a county road board, which shall organ-
ize by the election of one of its number chairman and another
secretary. The secretary shall keep a complete minute of the
proceedings of the board neatly recorded in a book kept for the
purpose. The said county road board shall be authorized and
charged with the duty of selecting a competent engineer to plan
and supervise the road construction and to fix his compensation;
to employ such other superintendents and clerks as may be nec-
essary, and to fix their salaries; to purchase machinery, if nec-
essary, and material; to determine whether the several roads
shall be constructed under contract or under the supervision of
the county road board by the employment of labor and the pur-
chase of materials; and generally to make all necessary and
proper contracts to carry out the provisions of this act. By
and with the advice of an engineer they shall determine what
roads shall be relocated before being improved or constructed,
and when they have so determined that the location of a road
shall be changed they shall report such fact to the board of su-
pervisors of the county, and thereupon said board of supervisors
shall at once proceed under the existing road law governing the
county to acquire at the expense of the county the right of way
necessary for such change of location of such road. The ma-
chinery and other property purchased by the said county road
board shall be chargeable to and paid tor by the districts in the
proportion in which it is used for each district. If the work of
improvement under this act is conducted under the supervision
of the State highway commissioner then the county road board
may dispense with the services of an engineer employed by them,
if practicable to do so.

$12!5. Each member of the county road board shall, on or
before the first day of April, nineteen hundred and ten, enter
into and acknowledge a bond before the county clerk in penalty
of one thousand dollars, with the security to be approved by
said clerk, conditioned for the faithful performance of all theix
duties required by this act. The cost of said bond shall be paid
out of the fund provided by this act.

In the event that any member of the county road board shall
fail to execute the above-required bond, his office shall become
vacant and the circuit court shall proceed to fill such vacancy.

In case of the appointment hereafter of any member of
this board to fill a vacancy hereafter occurring, the appointee
shall, upon his qualification, execute the bond above required.

$13. All payments made under the provisions of this act
shall be made on the order of the county road board by war-
rants 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. A vacancy occurring in a district road board shall be
filled by appointment by the circuit court of the county, or the
judge thereof in vacation, to fill the position of a member elec-
ted under the provisions of this act. A vacancy in the county
road board shall be filled by district road board of the district
whose member retires. The terms of office of the members of
the district and county road boards shall continue until the
objects of this act are accomplished.

§15. The members of the district road boards shall re-
ceive for their services the sum of two dollars for each day
they are actually employed in the discharge of their duties:
provided, no member shall receive more than twenty dollars for
services rendered in any one year, and the members of the coun-
ty road board shall receive for their services the sum of three
dollars for each day they are actually employed in the discharge
of their duties: provided, that no member shall receive more
than seventy-five dollars for services rendered during any one
year, except that the chairman and secretary, in addition to
their per diem, shall receive each the sum of one hundred dollars
per annum for their services. No member of either a district
road board or the county road board shall be otherwise em-
ployed by or be interested in any contract made with the county
road board under this act.

§16. The county road board shall at least once in each nine-
ty days render and publish a complete detailed statement of
all receipts and disbursements under this act, and at the con-
clusion of the work shall render before a committee to be ap-
pointed by the board of supervisors a full account of all such
payments and receipts and deposit all vouchers and records with
the county clerk. The accounts and records of the said county
road board shall at all times be open to the inspection of the
board of supervisors.

§17. The road construction and improvement to be made
under the provisions of this act shall be prosecuted as far as is
practicable under the supervision and direction of the State high-
way commissioner and under the provisions of law controlling
his department, and under the laws providing for the use of
prison labor in the construction of public roads.

$1714. The member of the county road board of the dis-
trict in which the material is situated may take from the
most convenient land wood, stone, gravel or earth that may
be necessary in constructing or repairing the road to be
constructed or repaired under this act: provided, that such wood
or other material shall not be taken from any yard or garden
without the consent of the owner: and further provided, that
the members of the county road board shall not cut any fruit or
ornamental trees, or any hedge planted or left as protection to
cattle: provided, the same does not in anywise interfere with
the travel along the road.

§1714-a. If the owner or tenant of any such land shall think
himself injured thereby, and the said member of the county road
board cannot agree with the owner as to the amount of damage,
the said member of the county road board shall make application
to a justice of the peace of the district in which the material is
situated to issue a warrant to three disinterested freeholders
requiring them to view the said land and ascertain what is a
just compensation of such owner or tenant for damage to him
by reason of taking said material. The said freeholders, after
taking an oath before the said justice of the peace to faithfully
and impartially discharge their duties as viewers, shall ascertain
such compensation and report the same to the county road board.
The county road board may allow the full amount agreed upon
or reported by the said freeholders, or so much thereof as upon
investigation they may deem reasonable, subject to such owner’s
or tenant’s right of appeal to the circuit court as in other cases.

§1714-b. The member of the county road board of the dis-
trict in which the change is to be made may cause to be made
any change in the existing rédad that may be necessary for the
construction or repairing of the road to be constructed or pre-
pared under this act; provided that such change shall not be
made without the consent of the owner.

§1714-c. If the owner or tenant of any land to be taken
for such change think himself injured thereby, and the said
member of the county board cannot agree with the owner as
to the amount of damage, the said member of the county road
board shall make application to a justice of the peace in the
district in which the change is to be made to issue a warrant
to three disinterested frecholders requiring them to view the
said land and ascertain what is a just compensation of such own-
er or tenant for damages to him by reason of making said
change. The said freeholders, after an oath before said jus-
tice of the peace to faithfully and impartially discharge their
duties as viewers, shall ascertain such compensation, and make
report thereof to the said county road board. The county road
board may allow the full amount agreed on or reported by the
said freeholders or so much thereof as upon investigation they
may deem reasonable, subject to such owner’s or tenant’s right
to appeal to the circuit court as in appeals from the board of
supervisors. All damages accruing to the owner or tenant shall
be paid by the county road board out of the funds under their
control.

§1714-d. An emergency existing by reason that the road
board are now engaged in constructing or repairing the roads
in the said Charlotte county, this act shall be in force from
its passage.

§18. In this act the word “district” shall be construed to
denote magisterial district.

§19. 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. .

§20. This act shall not be construed as in any manner
amending or altering the law now in effect for working and keep-
ing in repair the roads of Charlotte 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.

$21. 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 the said bonds at or before matu-
rity.

2. An emergency existing, this act shall be in force from its
passage.