CHAP. 225.—An ACT to provide for the issuing of county bonds for per-
manent road or bridve improvement in the magisterial districts of
the counties of the State.

Approved March 13, 1912.

1. Be it enacted by the general assembly of Virginia, That
bonds shall be issued by any county for the purpose of macad-
amizing or otherwise permanently improving the public roads
and bridges of any magisterial or road district in said county
upon the condition hereinafter provided. The circuit court of
any county upon the petition of a majority of the board of su-
pervisors of said county, or upon a petition of fifty free-hold-
ers of any magisterial district or districts in said county,
shall make an order requiring the judges of election at the next
election of county officers, or at any other time not less than
thirty days from the date of such order which shall be desig-
nated therein, to open a poll and take the sense of the qualified
voters of such magisterial district or districts on the question,
whether the board of supervisors of said county shall issue bonds
for said purposes, or either of them, under the provisions of
this act. The approximate location, length and width of such
roads as it 1s proposed to be macadamized or permanently im-
proved from the proceeds of the bonds sought to be issued there-
under, shall be named in the order. The said order shall desig-
nate the magisterial district or districts in which said road or
roads and bridges lie, stating as nearly as practicable what
length of each road lies in each district, and the maximum
amount of bonds to be issued for the permanent improvement
of the roads and bridges in each district, which shall in no case,
together with any bonds previously issued on behalf of any dis-
trict and outstanding, exceed an amount in excess of ten per
centum of the total assessed taxable values at the time in the
magisterial districts in which the road or roads are proposed
to be built or permanently improved. The qualified voters at
any special election held under this act, until otherwise provided
bv general law, shall be those qualified to vote at the preceding
November election, and those who may have come of age and
registered since said preceding regular November election, ex-
cept those who by commission of crime or removal from the dis-
trict or districts have disqualified themselves to vote.

2. The regular election officers of said county in and for the
said district or districts, at the time designated in the order au-
thorizing the vote, shall open polls at the various voting places in
the said district or districts, including the polls at the voting places
in the incorporated towns located within such district or dis-
tricts, and shall conduct such election and close the polls in such
manner as is provided by law in other elections; and at said
election, each qualified voter who shall approve such issue of
bonds shall deposit a ticket or ballot on which shall be written
or printed the words “for bond issue,” and each qualified voter
who shall oppose such issue of bonds shall deposit a ticket or
ballot whereon shall be written or printed the words “against
bond issue.” The judges of election at the several voting places
shall immediately after the closing of the polls at each of the said
places, count the ballots deposited, and shall, within two days
after said election, make return thereof as is provided in other
elections. Said ballots shall be printed and furnished by the
regular election officers.

3. The commissioners of election of said county shall, within
two days after the judges of election have made returns of the
poll books and ballots as aforesaid, meet at the office of said clerk
and, having taken an oath before him, faithfully to discharge
their duties, canvass the returns and certify the results thereof
to the circuit court.

4. If it shall appear by the report of the commissioners that
a majority of the qualified. voters of the district or districts in
which the road or roads are to be built or permanently improved,
voting on the questions, or on either of them, are in favor of issu-
ing the bonds for the purposes aforesaid, the circuit court shall,
at its next term, enter of record an order requiring the super-
visors of the county to proceed at their next meeting to carry out
the wishes of the voters as expressed at the said election; pro-
vided, however, that any magisterial district of any county may
build, repair, improve and alter any road in an adjacent magis-
terial district which joins with, and leads into any road which
has been, or is being built, repaired, improved and altered in that
district, and may charge itself with, assume and pay the bonds
and interest thereon, the proceeds of which are to be, or have
been used and expended in the building, repairing, improving
and altering any such road in such adjacent district.

5. Whenever the sense of the qualified voters of any district
or districts shall be taken on the question, whether the board of
supervisors of the said county shall issue bonds for the purposes
aforesaid, the said election and returns shall be subject to the
inquiry, determination and judgment of the circuit court of the
county in which said election was held, upon the written com-
plaint of fifteen or more of the qualified voters of such county,
of an undue election or of false returns, two of whom shall take
an oath that the facts set forth in such complaint are true to the
best of their knowledge and belief, and the court shall in
judging of such election and returns, proceed upon the merits
thereof and determine concerning the same according to the
constitution and laws of this State, but such complaint shall not
be valid, unless it shall have been filed within thirty davs after
said election in the clerk’s office of the said circuit court. The
board of supervisors of such county shall be made a defendant
by summons or notice to its chairman of the filing of the com-
plaint, and after such service of notice on the chairman of the
board of supervisors, either party upon reasonable notice to the
other, shall be at liberty to take depositions to sustain or invali-
date such election. Service of notice on any three of the com-
plainants shall be sufficient. The court shall proceed at its next
term after such service of summons or notice to determine the
contest without a jury on the evidence, oral or written, unless
good cause be shown for a continuance, and shall make a proper
record of its judgment. If the judgment be that the election is
a valid one in favor of the issuing of bonds for permanent road
improvement in said district or districts, or either of them, the
court shall make an order in conformity with the preceding
section.

6. The board of supervisors at their meeting, or as soon
thereafter as practicable, shall determine what amount of bonds
for road improvement in said district or districts, not exceed-
ing the maximum aforesaid, shall presently be issued, and shall
enter of record the amounts so determined, and in event they
do not at said meeting direct the present issuing of all the
said bonds, they may thereafter from time to time, direct the
residue thereof to be issued to carry out the wishes of the voters,
so far as necessary, as expressed in such election, and in event
the board for any reason, fails or refuses to issue the bonds so
authorized to be issued, the circuit court of the county may
upon the complaint of ten qualified voters of the county and
after ten days’ notice to the chairman of the board, for cause

shown, issue an order directing them to issue the said bonds
or any unissued residue thereof, or such portion thereof as the
court may, from time to time deem proper to be issued, in order
to enable the proper road authorities to carry out the wishes of
the voters as expressed in said election. And this remedy shall
apply to any bond issue heretofore or hereafter authorized by
voters of any district or districts. They shall have power to
appoint agent or agents to sell said bonds, provided, that said
bonds shall be sold to be paid for in lawful money only, and
shall not be sold at a price that will net the county less than par
value. When such a sale of bonds has been negotiated, the
board of supervisors shall issue the same. Such bonds may be
either registered or with coupons attached as said board of su-
pervisors may prescribe, and shall have written or printed in
each, the following sentences: ‘‘These bonds are issued for road
improvement in ............ magisterial district, but the full
faith and credit of the entire county or .......... is hereby
pledged for that payment, and a tax is to be levied upon the
property in said district to pay the interest on them and to
create a sinking fund sufficient in amount to pay them upon ma-
turity.” Said bonds shall be signed by the chairman and coun-
tersigned by the clerk thereof, under the seal of the board; shall
be in denominations of one hundred dollars or some multiple
thereof; shall bear interest at a rate not exceeding six per centum
per annum, payable semi-annually at the office of the treasurer
of said county, and shall be pavable not exceeding thirty-four
years from the date thereof at said office, but may in the discre-
tion of the said board, be made redeemable at such time or times
or after such period or periods and tpon such notice as the said
board may prescribe and stipulate upon the face of the bonds
when issued. The board shall deliver them to the treasurer
of the county who shall deliver said bonds to the purchasers
thereof, or their order, upon the payment of the price thereof.
The said treasurer and his sureties shall be liable for the amount
received for said bonds as though it were a county levy and
said fund shall be expended for the purposes and in the mag-
isterial district or districts for which it was intended, and none
other. The said treasurer shall receive as compensation for his
services hereunder, one-fourth of one per centum of the amount
thus coming into his hands and also the reasonable cost to him of
giving surety on such additional bond or bonds as may be re-
quired of him, if any, on account of his receipts heretofore or
hereafter of said funds, and the board of supervisors of such
county may direct the treasurer to deposit the proceeds of said
bond issue in such bank or banks as it may approve, to the
credit of the said treasurer to be paid out on his checks therefor.
and at the rate of interest to be specified, and all interest ac-
crued therefrom, shall be accounted for by said treasurer and be
expended for the purposes of the said road improvement, and
insofar as not necessary for said road improvement, shall be
covered into the sinking fund for the payment of the principal
of said bonds as provided in section seven.

7. After issuing such bonds, or any of them, when the next
levy is made, or tax imposed in said county, a tax shall be
levied on all property liable to State tax in such magisterial
district, as rated on the said bond issue, to pay the interest on
the bonds so issued, and to create a sinking fund to redeem the
principal thereof at maturity; and from year to year said levy
or assessment shall be made until the debt and interest are paid,
which levy shall not exceed ninety cents on the hundred dollars
of taxable property within the said magisterial district of said
county; the amount levied for and set apart as a sinking fund,
and the interest accruing thereon, shall be used for the payment
of the principal of said bonds, and for no other purpose. Should
for any reason, the county in any way, have to assume any pay-
ment on account of said bond issue, either interest or principal,
it is hereby provided that the board of supervisors shall levy
such tax in said magisterial district as may be necessary to de-
fray the amount assumed by the county.

The board of supervisors is hereby authorized and em-
powered to apply any part, or all of said sinking fund to the
payment or purchase of any said bonds, at any time, and all
bonds so paid off or purchased by said board of supervisors shall
be immediately cancelled, and shall not be re-issued, and the
board of supervisors are authorized and empowered to lend out,
upon real estate security, the loan not to exceed fifty per centum
of the assessed value of such real estate, or deposit in bank at
interest, all accumulations of money to the credit of said sinking
fund, provided, as aforesaid, and to collect and re-invest the
same and the interest accruing thereon from time to time, so
often as may be necessary or expedient, until such bonds be-
come subject to call; provided, that no money to the credit of
said sinking fund shall be loaned out or deposited or invested by
the said board of supervisors, unless said loan, deposit or invest-
ment shall be first approved by the circuit court of said county,
or the judge thereof in vacation, and the form of the security
be examined and approved by the commonwealth’s attorney of
said county, which approval shall be entered of record in the
order book of said court.

8. When the said county wishes to redeem any of its out-
standing bonds, subject to call, issued under the provisions of
this act, it may, through the chairman of the board of supervis-
ors, give notice of its readiness to do so to the holder in person
or by publication thereof once a week, for two successive weeks
in a newspaper published in said county, or nearest thereto. It
shall be sufficient in the notice to give the number and amount
of each bond, and fix a day for its presentation for payment,
which shall not be less than ten days from the date of personal
service of the notice, or the completion of the publication thereof,
as the case may be.
If the bond be not presented on the day fixed for its redemp-
tion, interest thereon shall cease from that day.

9. The said local road authorities of the county shall ap-
ply to the State highway commissioner for, or shall employ a
competent road engineer, whose selection shall be approved by
the State highway commissioners, to make plans and specifica-
tions of all roads or bridges to be built or permanently improved
from the proceeds of such bond issue, and to supervise the build-
ing of the same, and shall let the work to contract to the lowest
responsible bidder, after due public access to the specifications
and due public advertisement for bids for at least two consecu-
tive weeks in a newspaper having a general circulation in such
county, and in such publication as the State highways commis-
sioner may deem proper, if any, for the furnishing for all ma-
terial, and for the construction of such road according to such
plans and specifications, and such State highway commissioner
and the local road authorities, acting jointly, may award such con-
tract to the lowest responsible bidder. The local road authorities
of the county in which any portion of such road lies, may offer bids
and be awarded such contracts for or on behalf of such county.
Such commissioner and local road authorities may reject any
and all bids, and before entering into any contract with any bid-
der other than the local road authorities, they shall require a
bond in the penalty of at least thirty per centum of the contract
price, with sufficient security, conditioned that if the proposal
shall be accepted, the contractor will furnish the material and
perform the work upon the terms proposed, within the time pre-
scribed, and in accordance with the plans and specifications;
partial payments may be provided for in the contract, and paid
in the manner herein provided when certified to by such com-
missioner or road engineer, approved by him to an amount not
exceeding ninety per centum of the value of the work done, and
ten per centum of the contract price shall be retained until ninety
days after the entire work has been accepted and open to the
public. The said contractor shall conform to all reasonable regu-
lations and directions of the said highways commissioner or road
engineer. The board of supervisors or local road authorities,
shall have no power or authority to expend the money derived
from the bond sales as aforesaid, except to pay for materials fur-
nished and work done under supervision and contract as afore-
said.

10. No election upon the question of the issuance of bonds
under this act shall be held oftener than once in two years for
the same magisterial district.

11. An emergency existing in order that the magisterial dis-
tricts of the counties of the State may vote upon the question
of issuing bonds, this act shall be in force from its passage.