Chap. 69.—An ACT to amend and re-enact sections 2, 11 and 13 of an act enti-
tled an act to provide for working and keeping in repair the public roads of
Botetourt, approved February 20, 1592.

Approved January 23, 1894.

1. Be it enacted by the general assembly of Virginia, That sec-
tions two, eleven and thirteen of an act entitled an act to provide
for working and keeping in repair the public roads of Botetourt
county, approved February twentieth, eighteen hundred and ninety-
two, be amended and re-enacted so as to read ag follows:

§ 2. That in the county of Botetourt the public roads and bridges
shall be established, changed, repaired and kept in order as follows:
The judge of the county court of Botetourt county, upon the recom-
mendation of the board of supervisors of his county, shall, at the
May term of his court in the year eighteen hundred and ninety-four,
and every two years thereafter, appoint a board of 81x commissioners
of. roads, two for each magisterial district, who shall hold office for
the term of two years, and the first term shall commence July first,
eighteen hundred and ninety-four: provided that such judge may,
if he think proper, reject the recommendation made in either or all
of the districts in said county, and unless the board of supervisors
recommend other persons suitable, in his opinion, for said office
within thirty days after the first recommendation has been rejected,
he shall fill the said office by his own appointment, in term time or
in vacation. No recommendation, however, made by the board of
supervisors shall be rejected by the judge, except for reasons entered
of record. The said board shall be, and is hereby, declared a body
politic and corporate, under the name and style of the board of road
commissioners of the county of Botetourt, and by such name may
sue and be sued.

§ 11. All male persons in said county over eighteen and under
fifty-five years of age, except such as are exempt by the general road
law, shall be compelled to work two days in each year on some road
as near as practicable to his place of residence, when notified by
the road commissioner, overseer, or their agent, such notice being
served upon them in person or left at their place of residence, and
for failure to work when so notified shall pay a fine of seventy-five
cents for each day he fails to work (if a minor his parent or guar-
dian shall be liable), to be paid to the commissioner or overseer
within thirty days thereafter; not less than ten hours of actual labor
shall constitute a day’s work under this act: provided that those
who are compelled to work roads as hereinbefore provided may, before
being notified, pay to the commissioner or overseer one dollar and
twenty-five cents, which shall be accepted by the said commis-
3loner or overseer in lieu of the two days’ labor required in this sec-
tion of this act, and the commissioner or overseer shall give to such
persons a receipt for the same to that effect. Residents of an in-
corporated town in the county which keeps ite own streets in good
order and provides for its own poor shall be exempt from the labor
required in this section of this act.

§ 13. On the first day of June and December of each year, or as
soon thereafter as practicable, the board shall meet at the court-
house and audit all claims against the road fund of the county, in-
cluding the accounts of commissioners and overseers, which ac-
count shall be verified by affidavit; and the said board shall draw
their warrants, signed by the chairman and countersigned by the
secretary, upon the treasurer of the county, who shall pay the same
out of the treasury. The secretary of said board shall make state-
ments of settlements of the accounts of each of the commissioners
of roads showing what moneys have been received, and from what
source, and how disbursed for each month, which statement of settle-
ments, together with itemized accounts verified by affidavits, shall be
placed by the secretary before the board of supervisors at a meeting
to be held at the court-house on the first day of June and December
of each year, or as soon thereafter as practicable, which said settle-
ments and accounts shall be reviewed by the board of supervisors,
and if found correct, approve the same; said board of supervisors
Bhall have the power to summons the commissioners and witnesses
and examine them upon the said settlements and accounts, and if
the board of supervisors do not approve the said settlements and ac-
counts, they shall correct the same, which correction shall stand
and their decisions shall be final, of which proceedings the clerk of
the board of supervisors shall keep a fair record; if any commis-
sioner shall be found in default at the end of any one year, the
board of supervisors shall report the same to the attorney for the
commonwealth, who shall proceed against such commissioner by
motion in the county court, as prescribed by section thirty-two hun-
dred and ten of the code of Virginia, on his official bond for the
amount in arrear; and the board of supervisors shall be allowed the
usual per diem and mileage whilst engaged in examination of said
road accounts, which shall be a charge on the road fund. The treas-
urer of the county shall furnish the said board, at their said meet-
ings, a statement of the amount on hand to the credit of the road
fund, and no money shall be paid out of said road fund except upon
the warrant of the board of road commissioners, and the said board
shall not draw warrants for a greater amount than is in the treasurer’s
hand when the warrants are drawn, and it shall be unlawful for them
to draw at any one time a greater amount than will be shown neces-
sary to be properly expended on the roads for one month. And at
their June meeting the board shall determine what amount in their
judgment will be necessary to open new roads, work and keep in re-
pair the highways and county roads for the ensuing year: provided
when the costs of altering or changing a road, or opening a new road,
to be in their judgment too burdensome to be paid in one year, they
may in their discretion provide for the same in not exceeding three
annual instalments.

They shall certify the amount so ascertained to the board of su-
pervisors at their annual meeting in July, and the board of super-
visors shall levy a road tax to meet the same, not exceeding fifteen
cents on the one hundred dollars’ worth of real and personal pro-
perty of the county, including railroads, to be collected as other
county levies; also a tax on licenses, as adjusted for state taxes, not
exceeding ten per centum of the state tax on said licenses and said
levies, to be made upon all the persons and property liable to other
county levies, anything in the charter of any incorporated town in
said county to the contrary notwithstanding; and in addition thereto,
the board of supervisors shall provide, out of the general levy, for
the building and keeping in repair all bridges over ten feet Jong in
said county, the amount necessary for that purpose to be ascertained
by the board of road commissioners and reported to the board of su-
pervisors, and the amount so provided is to be expended only on the
bridges over ten feet in length, and the board of road commissioners
shall keep an accurate account of all its proceedings in a well-bound
book prepared for that purpose.

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

Ciuap. 70.—An ACT to regulate the practice of medicine and surgery in the state
of Virginia.

Approved January 28, 1894.

1. Be it enacted by the general assembly of Virginia, That from
and after the passage of this act the following persons, and no others,

shall be permitted to practice medicine or surgery in this state:

First. All persons who have practiced medicine or surgery in this
state continuously for the period of at least five years prior to the
passage of this act, but only such persons as have been assessed with
a license tax as a physician or surgeon by some commissioner of the
revenue in this state during each of the five years preceding the pas-
sage of this act shall be regarded as included within the provisions
of this clause.

Second. All persons who have been duly examined and have been
awarded certificates by the board of medical examiners under the
acts of January thirty-first, eighteen hundred and eighty-four; March
first, eighteen hundred and eighty-eight, and chapter seventy-seven
of the code, or the amendments thereto, and who have also otherwise
complied with the requirements of the said laws.

Third. All persons who shall hereafter receive certificates from the
board of medical examiners of this state, as provided by section six
of this act, and who shall also in all other respects have complied
with the provisions of the same.
2. Any person shall be regarded as practicing medicine or surgery
within the meaning of this act who shall profess publicly to bea
physician or surgeon, and shall offer for practice as such, or who shall
prescribe for the sick or for those needing medical or surgical aid,
and shall charge and receive therefor money or other compensation,
directly or indirectly; but this act shall not apply to any widwife,
dentist, commissioned officer or contract surgeon of the United
States army or navy or marine hospital service in the performance
of his duties as such, nor to any physician or surgeon residing in
any state or territory of the United States or in the District of Co-
jum bia called into consultation in a special case with a physician or
surgeon residing in this state. Nor shall this act be construed as
affecting or changing in any way the laws in reference to the license
tax to be paid by physicians, surgeons and dentists.

3. There shall be for this state a board of medical examiners, con-
sisting of one member from each congressional district in this state
and two for the state at large, and, in addition, two homeopathic
physicians from the state at large, whose term of office shall be
four vears, or until their successors are appointed and qualified. The
term of office of the board firat appointed after this act takes effect
shall commence on the first day of November, eighteen hundred and
ninety-four, but the board in office under the law in force at the
time of the passage of this act shall constitute the board of medi-
cal examiners under this act until a new board shall be appointed
under authority of the same.

4. The said board shall consist of men learned in medicine and
surgery, and shall be appointed by the governor on the first day of
November, eighteen hundred and ninety-four, and every fourth year
thereafter, from a list of names to be recommended by the Medical
society of Virginia. He shall also appoint two homeopathic physi-
cians, who may be nominated to him by the Habneman medical
society of the old dominion in the manner hereinafter provided.
Vacancies occurring in such board for unexpired terms shall be filled
in the same manner. Such recommendations shall be by vote of a
majority present, at some meeting of the said societies, and the same
shall be certified to the governor by the president and secretary of
such societies: provided, however, in case the governor shall con-
sider any of the persons so recommended unsuitable, he may decline
to appoint such person or persons, and communicate the fact to the
presiding officer of the society presenting the nomination, and such
society shall, within ninety days thereafter, make other recommen-
dations in the manner hereinafter prescribed, which shall stand on
the same footing in all respects as those first made: provided fur-
ther, if such society fail to make such recommendations prior to the
time of appointment, or within the ninety days, the governor shall
appoint such board, either in whole or in part, without regard to such
recommendations. If any of said examiners shall cease to reside in
the district for which he was appointed his office shall be deemed
vacant.

5. The members of the said board shall qualify by taking the usual
oath of office before the county or corporation court of the county or
corporation in which they respectively reside, or before the judge of
such court in vacation. The officers of said board shall be a presi-
dent, vice-president and secretary (who shall also act as treasurer),
said officers to be members of and selected by the board. Regular
meetings of the board shall be held at such times and places as the
board may prescribe, and special meetings may be held upon the call
of the president and any five members; but there shall not be less
than one regular meeting each year. Five members of the board
shall constitute a quorum. The board may prescribe rules, regula-
tions and by-laws for its own proceedings and government and for
the examination by its members of candidates for the practice of
medicine and surgery.

6. It shall be the duty of the said board, at any of its mectings,
to examine all persons making application to them who shall desire
to commence the practice of medicine or surgery in this state,
and who shall not, by the provisions of this act, be exempt from
such examination; and when an applicant shall have passed an ex-
amination satisfactory as to efficiency before the board in session,
the president thereof shall grant to such applicant certificate to that
effect. <A feeof five dollars shall be paid to said board, through such
officers or members as it may designate, by each applicant before such
examination is had. In case any P applicant shall fail to pass a satis-
factory examination he shall not be permitted to stand any further
examination within the next six months thereafter, or until the next
meeting of said board, nor shall he have again to pay the fee pre-
scribed as aforesaid: provided, however, noapplicant shall be rejected
upon his examination on account of his adherence to any particular
school of medicine or system of practice, nor on account of his views
as to the method of treatment and cure of diseases: and provided
further, that when, in the opinion of the president of the board, any
applicant has been prevented by good cause from appearing before
the board, the president of the board shall appoint a committee of
three members, who shall examine such applicant, and may, if they
see fit, grant him a certificate, which shall have the same force and
effect as though granted him by the full board until the applicant
shall have an opportunity to appear before the said board, when, if
the applicant fail to appear for examination, the president of the
board shall have authority to revoke said certificate, or, in any case,
the president shall have authority, at his discretion, to grant a spe-
cial permit to any applicant to practice medicine until he shall have
an opportunity to appear before the board in session for examina-
tion, which said special permit shall be revocable at the discretion
of the president.

7. The fund realized from the fees aforesaid shall be applied by the
board to the payment of its expenses and to make a reasonable com-
pensation to the president and secretary.

8. Before any person who obtains a certificate under section six of
this act may lawfully practice medicine or surgery in this state, he
shall cause the said certificate to be recorded in the clerk’s office of
the county or corporation in which he resides in this state; or, if he
resides in the city of Richmond, in the clerk’s office of the chancery
court of said city; but if he does not reside in the state of Virginia,
he shall cause the said certificate to be recorded in the clerk’s office
of the county or corporation in which he offers to practice in this
state, or in the clerk’s office of the chancery court of the city of
Richmond, if he offers to practice in said city. The certificate shall
be recorded by the clerk in a book to be kept for that purpose, and it
shall be indexed in the name of the person to whom the certificate
is granted. The clerk’s fee for recording shall be the same as for
recording a deed.

9. Any person who shall practice medicine or surgery in this state
in violation of the provisions of this act shall be fined not less than
fifty nor more than five hundred dollars for each offence, and it shall
not be lawful for him to recover by action, suit, motion or warrant
any compensation for services which may be claimed to have been
rendered by him as such physician or surgeon.

10. All acts and parts of acts inconsistent with this act are hereby
repealed.

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