Chap. 108.—An ACT to provide for the publication and distribution of the
Code of Virginia. {H B 262]
Approved March 8, 1918S.

1. Be it enacted by the general assembly of Virginia, That the
act entitled an act to revise, arrange and consolidate into a Code the
general statutes of the Commonwealth, approved ...............: ;
shall not be published with the other acts of the present session of
the general assembly, but shall be published in a separate volume or
volumes by the superintendent of public printing under the direc-
tion of the revisors, and printed on good paper, in such type as the
revisors may prescribe, and shall be well bound in buckram and let-
tered on the back “Code of Virginia” “1919.” The said Code, in
addition to said act, shall contain the Declaration of Independence
and the Constitution of the United States and its amendments; the
Constitution of Virginia, and a complete index to the same; and
such preface, tables and references as the revisors may deem expe-
dient to publish. The revisors shall make or cause to be made a
complete index to the Code and shall publish it at the end thereof.

2. The secretary of the Commonwealth shall secure the copy-
right of the annotated Code for the use and benefit of the Common-
wealth of Virginia.

3. There shall be published five thousand copies of said Code
without annotations, and five thousand copies with the annotations
hereinafter provided for.

4. The said Code shall be received as evidence for any purpose
for which the original act could be received and with as much effect,
and shall have printed on the title page thereof the following,
published by authority of the Commonwealth of Virginia,” under
this act.

5. The said revisors shall superintend and have completed the
annotations already begun, and in lieu of the publication of notes
as provided by act approved February fifth, nineteen hundred and
fifteen they shall publish such notes to each section (as the first
annotation thereof, to be designated as “Revisors” Notes), as they
may deem useful in explanation of the changes made in the law
in such revision and codification.

6. The superintendent of public printing shall distribute the
entire publication as follows: Of the Code with annotations, he shall
deliver one copy to each member of the present general assembly
and to the clerk of each house, ten copies to the clerk of the senate
for the use of the senate and fifteen copies to the clerk of the house
of delegates for the use of that house; and one copy to each of the
following public officers: The governor, lieutenant-governor, attor-
ney-general, secretary of the Commonwealth, auditor of public
accounts, second auditor, State treasurer, register of the land office,
adjutant-general, superintendent of public instruction, commissioner
of agriculture, superintendent of public printing, each member of
the State corporation commission, the clerk of the State corpora-
tion commission, superintendent of the penitentiary, each judge and
former judge and reporter of the supreme court of appeals, each
judge of every other court of records, State and federal, in this
Commonwealth. commissioner of insurance, chief bank examiner.
commissioner of labor, legislative reference bureau, State board of
health, State highway commissioner, State board of charities and
corrections, State board of pharmacy, commissioner of prohibition,
commissioner of fisheries; six copies to each of the revisors of the
Code, and three copies each to the chief clerk and assistant clerk
to the revisors; five copies to the State librarian, and five copies to
the law librarian at Richmond, and two copies each to the library
of the supreme court of appeals at Wytheville and Staunton. Of
the Code without annotations, he shall deliver one copy to each of
the educational institutions of the State, one copy to each of the
eleemosynary institutions of the State, one copy to each of the edu-
cational institutions in this State having a library, one copy to the
dairy and food commissioner, one copy to the State accountant, and
one copy each to any department of government not herein specifi-
cally mentioned. The remaining copies he shall deliver to the sec-
retary of the Commonwealth.

The copies distributed under this section to the several public
officers (except the governor, members of the general assembly, the
judges and former judges of the supreme court of appeals, the revis-
ors and their clerks), and the several State institutions, shall remain
the property of the State, and each of said public officers shall
deliver the copy held by him to his successor in office. The super-
intendent of public printing, before distributing the copies to such
officers and State institutions (except as stated), shall cause to be
distinctly and durably stamped on the outside lid of every copy so
distributed the coat of arms of Virginia, and the following words
in large letters encircling the same: “Property of the State of Vir-
ginia, to be delivered to your successor in office.”

~

(. It shall be the duty of the council of each city and town and
the board of supervisors of each county to purchase from the secre-
tary of the Commonwealth at the price of five dollars per volume,
a sufficient number of said Codes, without annotations, for use in
their respective cities, towns and counties, and for distribution in
the manner following: One copy to each of the following officers:
the mayor, clerk of council, sergeant, city engineer, chief of fire
department, chief of police, collector of city taxes, chairman of the
board of health, each member of the council and each member of
the board of supervisors, sheriff, treasurer, superintendent of
schools, county surveyors, superintendents and overseers of the poor,
commissioners of the revenue and to each justice of the peace.

It shall also be the duty of the council of each city and the board
of supervisors of each county to purchase in like manner, at the
price of fifteen dollars each, a sufficient number of said Codes, with
annotations, for use in their respective cities and counties and for
distribution in the following manner: One copy to each attorney
for the Commonwealth, one copy for each court held in such city
or town, one copy for the clerk of each of such courts, one copy for
each police justice, one copy for each civil and police justice, and
one copy for each civil justice.

The copies of the Code so furnished to the officers provided in
this section shall remain the property of the city, town or county,
as the case may be, and the board of supervisors of each county and
the council of each city and town may require such deposit as it may
deem expedient to secure the proper care and safe return of said
Codes upon the expiration of the term of office of any such officer.

8. The secretary of the Commonwealth is authorized to deliver
to the State librarian such number of copies of the Code, without
annotations, as may be necessary to make exchanges with other
States and territories exchanging with this State; and to deliver a
copy, with or without annotations, to each the president of the
United States, the library of congress, the senate and house of rep-
resentatives, the secretary of state of the United States and the
attorney-general and the solicitor-general of the United States. He
shall dispose of the surplus of the edition of said Code herein pro-
vided for, after complying with the requirements of this act, at the
price of five dollars for the Code without the annotations and fifteen
dollars for the Code with annotations; and upon the passage of
this act the secretary of the Commonwealth shall send out notices
to the bar of the State and to such other person as he may deem
proper, of the publication of the Code, stating the probable num-
ber of each kind available for sale, and shall solicit subscriptions
therefor, and shall deliver the same in the order in which the sub-
scriptions are received until the supply shall have been exhausted.

All moneys realized from the sale and disposition of the said
Codes shall be paid into the public treasury until such sum is real-
ized therefrom as will reimburse the Commonwealth for the cost of
the revision, codification, publication and distribution of the same,
and the residue, if any, shall constitute a part of the library fund of
the Commonwealth.

9. ‘The sum of thirty thousand dollars, or so much thereof as
may be necessary, is hereby appropriated for the purpose of com-
pleiing the publication, binding and distribution of the Code as
erein provided; and for the payment for the completion of the
ndex and expenses of annotations and for clerical help and expenses
wrovided for by act of February fifth, nineteen hundred and fifteen,
ind for the payment to the revisors of the additional sum of two
housand dollars each for their services in and about the comple-
ion of the work assigned to them, the snid payments to be made
n the manner provided by said act of February fifth. nineteen
undred and fifteen.

10. It being highly important that the provisions of this act
nall be immediately complied with in order that the new Code may
pe ready for distribution at as early a day as possible, an emergency
; declared to exist, and the act shall be in force from its passage.
Chap. 108.—An ACT to amend and re-enact sections 1, 7 and 9 of an act
providing for the issuing of county bonds for permanent road or bridge
improvement in the magisterial districts of the counties of the State,
approved March 138, 1912, as amended March 17, 1915, page 141, as
amended March 17, 1916, page 461. [H B 111)

Approved March 9, 1918.

1. Be it enacted by the general assembly of Virginia, That sec-
tions one, seven and nine of an act to provide for the issuing of
county bonds for permanent road or bridge improvement in the
magisterial districts of the counties of the State, approved March
thirteenth, nineteen hundred and twelve, and as amended March
seventeenth, nineteen hundred and fifteen, as amended March sev-
enteenth, nineteen hundred and sixteen, be amended to read as

ollows:

Section 1. Be it enacted by the general assembly of Virginia,
That bonds may 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
conditions hereinafter provided. The circuit court of the county,
upon the petition of a majority of the board of supervisors of said
county, or upon petition of fifty qualified voters of said district,
shall make an order requiring the judges of elections, 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 designated therein,
to open a poll and take the sense of the qualified voters of the dis-
trict on the question whether the board of supervisors shall issue
bonds for said purposes, or either of them; the approximate loca-
tion, length and width of such roads as are proposed to be macada-
mized or permanently improved to be named in the order. But no
election shall be ordered until after the court has been assured by
the State highway commissioner, or his representative, that the
amount of bonds proposed to be issued will be aproximately suffi-
cient to improve the roads set out in this order, the estimated cost
of each road, or part thereof, to be set out in the order of the court,
for expenditures solely on said road or part thereof. The said
order shall designate the magisterial district or districts in which
such road or roads lie, and the maximum amount of bonds to be
issued, which shall in no case exceed an amount in excess of ten
per centum of the total taxable values at the time in the magisterial
district in which the road or roads are to be built or permanently
improved; the qualified voters at any special election held under
this act, until otherwise provided by general laws, shall be those
qualified to vote at the preceding regular November election and
those who may have come of age and registered since said preced-
ing regular November election, except those who by commission of
crime or removal from the district or county have disqualified them-
selves 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 author-
izing 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 districts, and
shall conduct such election and close the polls in such manner as is
provided by the 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 clos-
ing of the polls at each of the said places, count the ballots depos-
ited, 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 issuing the
bonds for the purposes aforesaid, the circuit court shall, at its next
term, enter of record an order requiring the supervisors of the county
to proceed at their next meeting to carry out the wishers of the vot-
ers as expressed at the said election; provided, however, that any
magisterial district of any county may build, repair, improve and
alter any road in an adjacent magisterial 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, repair-
ing. improving and altering anv 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 super-
visors of the said county shall issue bonds for the purpose aforesaid,
the said election and returns shall be subject to the inquiry, determi-
nation and judgment of the circuit court of the county in which
said election was held, upon the written complaint 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 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 accord-
ing to the Constitution and laws of this State, but such complaint
shall not be valid, unless it shall have been filed within thirty days
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 complain

and after such service of notice on the chairman of the board o

supervisors, either party upon reasonable notice to the other, shall
be at liberty to take depositions to sustain or invalidate such elec-
tion. Service of notice on any three of the complainants shall be
sufficient. The court shall proceed at its next term after such ser-
vice 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 issu-
ing of bonds for permanent road improvement in said district or
districts, or either of them, the court shall make an order in con-
formity with the preceding section.

6. The board of supervisors at their meeting or as soon there-
after as practicable, shall determine what amount of bonds for road
improvement in said district or districts, not exceeding the maxi-
mum aforesaid, shall presently be issued, and shall enter of record
the amounts so determined, and in event they do not at said meet-
ing direct the present issuing of all the said bonds, they may here-
after 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 the event the board, for any reason, fails
or refuses to issue the bonds so authorized to be issued, the circuit
court of the said 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 author-
ized 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 super-
visors shall issue the same. Such bonds may be either registered
or with coupons attached, as said board of supervisors may pre-
scribe; and shall have written or printed in each, the following sen-
tences: “These bonds are issued for road improvement in ———————
magisterial district, but the full faith and credit of the entire county
of ——_—_—______—_ 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 maturity.” Said bonds shall be signed by the
chairman and countersigned by the clerk thereof under the seal of
the board; shal] 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 treas.
urer of said county, and shall be payable 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 upon 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 magisterial district or dis-
tricts for which it was intended, and none other. The said treas-
urer 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 addi-
tional bond or bonds as may be required 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 the 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 accrued therefrom, shall be accounted for by said treasurer
and be expended for the purposes of the said road improvement,
and in so far 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.

Section 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 lable to county and district tax in such magisterial
district in which the proceeds of the bonds have been or are to be
expended, including such property located on the situs of which for
taxation is, within the limits of any incorporated town situated
within such district, to pay the interest on the bonds so issued, and
to create a sinking fund to redeem the principal thereof at matur-
ity; and in addition an annual levy at a rate to yield a sum equal
to but not less than three per centum of the amount of bonds issued
in any year, or in lieu thereof, an amount equal to the amount
raised from said additional levy may be set aside by the board of
supervisors from other funds of the county, or may be raised by
other means now provided for by law, which sum shall be expended
under the direction of the State highway commissioner and the local
road authorities in the maintenance and upkeep of the road con-
structed and improved hereunder, 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 one hundred dol-
lars ($100.00) of taxable property within the said magisterial dis-
trict of said county; the amount levied for and set apart as a sink-
ing 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 payment on account of said bond issue, either interest or prin-
cipal, it is hereby provided that the board of supervisors shall levy
such tax in said magisterial district as may be necessary to defray
the amount assumed by the county, it being and having heretofore
been intended that bonds issued or to be issued under this act are
county obligations, but payable primarily out of levies upon the
property in the magisterial district where the proceeds of the bonds
may be expended hereinunder.

The board of supervisors is hereby authorized and empowered
to apply any part or all of said sinking fund to the payment or
purchase of any of 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 reissued, and the board of supervisors
is 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 reinvest the same and the interest accruing thereon from
time to time, so often as may be necessary or expedient, until such
bonds become 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 exam-
ined 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 outstand-
ing bonds. subject to call, issued under provisions of this act. it may.
through the chairman of the board of supervisors, 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 pub-
lished 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 Jess than
ten days from the date of personal service of the notice; or the com-
pletion of the publication thereof, as the case may be.

If the bond be not presented on the day fixed for its redemption.
interest: thereon shall cease from that day. ,

9. The board of supervisors or local county road board, if there
be one, of the county, shall apply to the State highway commis-
sioner for. and shall employ a competent road engineer, whose selec-
tion shall be approved by the State highway commissioner, to make
plans and specifications of all roads or bridges to be built or perma-
nently improved from the proceeds of such bond issue, and to
supervise the building of the same, and shall let the work, to con-
tract to the lowest responsible bidder, after the due public access
to the specifications and due public advertisement for bids for at
least two consecutive weeks in a newspaper having a general cir-
culation in such county, and in such publication as the State high-
way commissioner may deem proper, if any, for the furnishing of
all material and for the construction of such road according to such
plans and specifications, and such State highway commissioner and
the board of supervisors, or local county road board, if there be one,
acting jointly may award such contract to the lowest responsible
bidder. Such commissioner and the board of supervisors, or local
county road board, if there be one, may reject any and all bids, and
before entering into any contract with any bidder, 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 shall furnish the material and perform
the work upon the terms proposed, within the time prescribed 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 commissioner 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 regulations and directions of the said highway
commissioner or road engineer. The board of supervisors, or local
road board, if there be one, shall have no power or authority to
expend the money derived from the bond sales as aforesaid except
to pay for materials furnished and work done under the supervision
provided for in this act.

10. The board of supervisors, or the local county road board. if
there be one, and the State highway commissioner, acting jointly,
in their discretion, may authorize the purchase of the necessary
machinery and supplies and build or permanently improve such
roads on account of the magisterial district making the bond issue
authorized in this act; provided, however, that such work shall be
done under the same supervision as is provided in case the work is
done by contract.

11. No election upon the question of the issuance of bonds under
this act shall be held oftener than once in one year for the same
magisterial district.

12. Provided that nothing contained in this act shall in any
way affect the right of any county or magisterial district of any
county to issue bonds for road purposes under any existing local
or special law or under any future local or special law that may be
passed authorizing any county or magisterial district of any county
fo issue bonds for road purposes, nor shall this act in any way
invalidate or affect the validity of bonds already issued pursuant
fo any such local or special laws.

_ Several magisterial districts of counties desiring to vote under
this act at an early date, an emergency is hereby declared to exist,
and this act shall take effect from its passage. |