Chap. 39.—An ACT to provide for Dividing the several Counties of this
State into Townships.

Approved April 2, 1870.

1. Be it enacted by the general assembly of Virginia, That
it shall be the duty of the governor of this commonwealth, as
soon after the passage of this act as may be, to appoint in
each county of this state five discreet then, citizens of said
counties, to lay off their respective cannties into townships,
as hereinafter provided, and to inform said commissioners
forthwith of their appointment.

2. It shall be the duty of said commissioners, any three of
whom may act, to proceed without delay to divide and lay off
their several counties respectively, into compactly located
townships, as nearly equal as may be in territory and popula-
tion, with the view to the proper sub-division of said town-
ships into school districts, so that there be not less than three
nor more than eleven townships in any one county, and so
that after three have been formed, no additional ¢ownships
shall be made. containing less than thirty square miles; and for
this purpose they are authorized, provided one of said com-
missioners be not competent to make such survey, to employ
a@ competent surveyor, by whose aid they shall lay off said
townships by metes and bounds, and when in their opinion
the same is necessary, cause memorial stones to be placed at
prominent points on the boundary lines of said townships.
Said commissioners shall establish one or more places for open-
ing polls in each township for all elections in this common-
wealth, in which the voters in any such township shall have
the right to vote; and all other places for opening a poll in
any election, except in towns not embraced in such townships,
are hereby abolished; and the townships so laid off, and the
places so fixed for voting-places, shall be the townships and
the voting-places for said county. It shall be the duty of said
commissioners to make, at the earliest practicable day, not
more than ten days after laying off said townships and com-
pleting said surveys, a written report, designating as accurately
as they conveniently can, the boundaries of said townships, and
designating the same by appropriate .names, as the township
of , in the county of , and declaring the place or
places established by them in each township for opening polls
as hereinbefore provided, together with all other matters
deemed pertinent by themselves, make return thereof to the
clerks’ offices of their several county courts respectively: pro-
vided, that no part of any town or city having a separate
organization or a population of five thousand or more inhabi-
tants, shall be embraced in any of said townships; and pro-
vided, also, that no public highway shall be made the boun-
dary line between townships unless the commissioners shall
designate to which township the said highway, or any section
thereof, may belong; and provided further, that before enter-
ing upon the discharge of his duties under this act, each
commissioner and surveyor shall take an oath or affirmation
before some one authorized by law to administer oaths or
affirmations, that they will faithfully and honestly discharge
the duties required of them by this act; and in case there
shall be no one present authorized to administer oaths or
affirmations, then any one of the commissioners shall admin-
ister the oath or affirmation to the others, and in turn be
himeelf sworn by one of them. ,

3. It shall be the duty of the clerk of the county court tor
each county in this state, within ten days after the return of
said report to his office, to cause the same to be entered ot
record in the deed book of his office, and to furnish to the sec-
retary of the commonwealth an attested copy thereof.

4. In case so many of said commissioners shall decline, or
fail to act, whereby their number shall be reduced below the
number required by this act, then the remaining commissioners
shall, by appointment, fill such vacancies until their number
reaches the maximum required by law; and in case all of said
commissioners shall decline or fail to act, then other commis-
sioners shall be appointed as prescribed in the first section.

). At the last meeting of said commissioners for said coun-
ties respectively, they shall cause to be made out a statement,
which shall be signed by a majority of the members present,
and filed in the clerk’s office of the county court, showing the
number of days each member of the board and the surveyor
(if any was employed) were actually engaged in the discharge
of their duties under this act, and all sums due to other par-
ties for services rendered under this act, and all sums, if any,
paid by the commissioners, or any of ‘them, in carrying out
this act; and the said commissioners and surveyor shall be
entitled to compensation for their services at the rate of three
dollars per day each, and the clerk of the county court shall
receive for his services the like fees allowed by law for record-
ing deeds, all of which several amounts, together with all
other necessary and proper charges incurred in carrying out
the provisions of this act, shall be paid by the counties respec-
tively, for which the services were rendered, out of the next
county levy: provided, no’ commissioner, surveyor, or clerk,
shall be entitled to receive any pay under this act, if it shall
appear that he has caused any delay in executing the same, by
failing to discharge in proper time the duties assigned him
herein; and provided further, that all accounts for services
rendered, and moneys paid by said commissioners and sur-
veyor, shall be audited and approved by the board of super-
visors of said counties respectively.

6. It shall be the duty of the keeper of the rolls to publish,
with the sessions acts of the general assembly, the names of
the several townships in this. state.

7. It shall be lawful upon the petition of fifty qualified
voters of the township or townships proposed to be attected
thereby, after the same has been posted for at least thirty days
at the court-house of the county, and at the voting-place or
places of the said township or townships, for the judge of the
county courts of the several counties to be hereafter elected
by the general assembly by an order entered of rezord, for
-good cause shown, to re-arrange, increase or diminish the
number of townships, change the names thereof, or change
‘the place or places of holding elections therein; but at or
before the trial of said petition, any citizen or citizens of said
township or townships, shall have a right to enter himself or
themselves as defendant or defendants thereto, after which
said cause shall proceed in all respects as other causes upon
the docket of said court; but after one petition under this
section has been rejected by said county court, no petition for
that purpose shall be again entertained for the space of twelve
months from the date of such rejection: provided, that no such
change or re-arrangement shall take effect, until after the first
general election of township officers, after the passage of this
act.

8. All acts or parts of acts in conflict herewith are hereby
repealed. |

9. This act shall be in force from its passage.