Chap. 535.—An ACT to amend and re-enact sections 826, 831, 832, 833, 834, 835,
836, 838, 840, 841, 846, 847, 849, and 850, and to repeal section 839 of the Code
of Virginia.

Approved December 31, 1903.

1. Be it enacted by the general assembly of Virginia, That sections
eight hundred and twenty-six, eight hundred and thirty-one, eight hun-
dred and thirty-two, eight hundred and thirty-three, eight hundred and
thirty-four, eight hundred and thirty-five, eight hundred and thirty-six,
eight hundred and thirty-eight, eight hundred and forty, eight hundred
and forty-one, eight hundred and forty-six, eight hundred and forty-
seven, eight hundred and forty-nine, and eight hundred and fifty of the
Code of Virginia, be, and the same are hereby, amended and re-enacted
so as to read as follows:

§ 826. Their annual meetings—The board of supervisors of the sev-
eral counties shall assemble at their respective courthouses on the fourth
Monday in-July and the first Monday in January of each year, and at
other times as often as it may be necessary.

§ 831. Board to recommend surveyor and superintendent of poor.—
The board of supervisors of each county shall assemble at least ten days
before the time fixed by law for the appointment of county surveyor and
superintendent of the poor, and recommend to the circuit court suitable

reons for those offices.

§ 832. Board to sit with open doors; sheriff to attend; his pay; ma-
jority to decide questions; how in case of tie—It shall sit with open
doors, and all persons conducting themselves in an orderly manner may
attend its meetings.

It may require the sheriff of the county, or at his option, one of his
deputies, to attend its meetings and preserve order, or discharge such
other duties as may be necessary to the proper dispatch of the business
before it; and such officer for his services shall be entitled to compensa-
tion, to be ascertained by the board and paid out of the county levy, not
exceeding two dollars per day or twelve dollars per annum.

All questions submitted to the board for decision wnder the proceed-
ings of this chapter, or any law of the State, shall be determined by a
viva voce vote of a majority of the supervisors present; but in any case
in which there shall be a tie vote of the board upon any question when
all the members are not present, the question shall be passed by till the
first meeting at which all the members are present, when it shall again
be voted upon; in any case in which there shall be a tie vote on any ques-
tion, all the members of the board being present, the Commonwealth’s
attorney shall give the casting vote, and thereby decide the question.

Every decision and order so made shall be as binding and valid as if
the same were determined and entered upon the vote of all or a majority
of such board.

§ 833. Powers and duties of board at annual meeting.—The board of
supervisors of each county shall have power, and it shall be their duty,
at the regular meeting in the month of July in each year, or as soon
thereafter as practicable—

First. To audit accounts and settle with officers—To audit the ac-
counts of the county ; to settle with the county treasurer his accounts for
the year; to settle with the sheriff his accounts upon the collection of
fines or other moneys accruing and belonging to the county; to audit the
accounts of the superintendent of the poor and examine and pass upon
his reports, and generally to settle with any other officer who may have
an account with the county, and take such steps as may be necessary to
secure a full and satisfactory exhibit and settlement of the affairs of the
county.

Second. To fix and order county levies—To fix the amount of the
county levies for the ensuing year; to order the levy on all property as-
sessed with State tax within the county and on the capital invested,
used, or employed in mercantile business; moneys and credits actively
used and employed in carrying on the mercantile business, including
goods, wares, and merchandise on hand, and all solvent bonds, demands,
or claims made or contracted in the course of business during the pre-
ceding year shall be held to be capital in such mercantile business; to
order the levy on the real estate and personal property of telegraph and
telephone companies and railroad companies and their telegraph lines.
which pass through their respective counties, except such as are exempt
from county or other local taxes, based upon the assessment per mile
made by the State for its purposes and furnished by the auditor of pub-
lic accounts to said board; or the order of levy may be a certain per cen-
tum upon the amount of the State tax.

Third. To levy school taxes—To levy a tax upon all the property in
the county, upon which county levies are laid, sufficient to raise the
amount recommended by the county school board in their estimates for
county school purposes, or so much thereof as it may allow; and to levy
a tax upon such property, in each school district, sufficient to raise the
amount recommended by the county school board for district school
purposes, or so much thereof as it may allow; but the tax so levied shall
not exceed the maximum prescribed in the third subdivision of section
fifteen hundred and six. .

§ 834. What board may do at any meeting.—The board of supervisors
of each county shall have power at their regular meetings, or at any
other legal meetings—

First. To buy, sell, and so forth, corporate property; how sale made:
provide farm for poor; control of courthouse——To sell or exchange and
convey the corporate property of the county; to purchase any such real
estate as may be necessary for the erection of all necessary county build-
ings; to provide a suitable farm as a place of general reception for the
poor of the county, and to make such orders as they may deem expedi-
ent concerning such corporate property as now exists, or as may here-
after be acquired: provided, that no sale of such corporate property
shall be made, except by public auction, due notice of the time and place
of which shall be given by publication, for at least once a week for four
Successive weeks, in some newspaper published in the county, if there
be one so published, and by hand-bill posted at the front door of the
courthouse. If there be no newspaper published in the country, the no-
tice of the time and place of such sales shall be given by hand-bills posted
at the front door of the courthouse, and at each voting place of the
county, for at least four weeks prior to such sale; and all sales, exchanges,
and purchases of corporate property made by the board shall be subject
to the approval and ratification of the circuit court. It shall not be law-
ful for any supervisor of the county to be personally or pecuniarily in-
terested, either directly or indirectly, in any such sale, exchange, or pur-
chase of corporate property. The judge of the circuit court shall not
act in any case in which he is interested in the sale or purchase of the
property. But this section shall not be construed to deprive the judge
of the right to control the use of the courthouse of the county during
the term of his court therein.

Second. Allow claims and issue warrants therefor; interest not al-
lowed on warrants.—To examine, settle, and allow all accounts charge-
able against such county, and when so settled issue warrants therefor,
as provided by law; but the board of supervisors of any county shall not
issue in any one ycar a greater amount of warrants than the amount of
county tax levied for such year, and no interest shall be paid by any
county on any county warrant.

Third. Build and repair buildings.—To build and keep in repair
county buildings.

Fourth. Provide temporary offices, when necessary; insure buildings,
fix allowances to officers—To cause the county buildings to be insured
in the name of the board of supervisors of said county and their suc-
cessors in office for the benefit of the county, if they shall deem it expe-
dient, and if there are no public buildings, to provide temporarily suita-
ble rooms for the county purposes; to determine what annual allowances,
not less in any case than three hundred dollars, payable out of the county
treasury, shall be made severally to the attorney for the Commonwealth,
clerks and sheriffs of their respective counties, so that in counties con-
taining a population of ten thousand and less the allowance to each of
said officers shall not exceed four hundred dollars; in counties containing
ten and less than fifteen thousand, five hundred dollars; in counties con-
taining fifteen and less than twenty thousand, six hundred dollars, and
in counties of more than twenty thousand, seven hundred dollars: pro-
vided. however, that in the counties of Henrico, Wise, and Elizabeth
City the annual allowance for the attorney fot the Commonwealth shall
be fixed at a sum not exceeding one thousand dollars; in the county of
Norfolk at a sum not exceeding fifteen hundred dollars, and in the
county of Russell at a sum not exceeding seven hundred and fifty dol-
lars: and provided, further, that in the counties of Henrico and Chester-
field the annual allowance for the county clerk shall be fixed at a sum
not exceeding one thousand dollars, and in the county of Elizabeth City
at a sum not exceeding eighteen hundred dollars: and provided, further,

108
that in the counties of Henrico and Norfolk and Pittsylvania the annual
allowance for sheriff shall be fixed at a sum not exceeding fifteen hun-
dred dollars, in the county of Elizabeth City at a sum: not exceeding
twelve hundred dollars, and in the county of Chesterfield at a sum not
exceeding seven hundred and fifty dollars.

Fifth. Raise money for county expenses.—To direct the raising of
such sums of money as may be necessary to defray the county charges
and expenses and all necessar charges incident to or arising from the
execution of their lawful authority.

Sixth. Protect county property; employ assistant counsel.—To rep-
resent the county, and to have the care of the county property and the
management of the business and concerns of the county, in all caxs
where no other provision shall be made, and, when necessary, to employ
counsel to assist the attorney for the Commonwealth in any suit against
the county, or in any matter affecting county property where the board.
is of opinion that such counsel is needed.

Seventh. Award premiums for scalps.—To award, in their discretion.
a premium not exceeding ten dollars for each wolf scalp; one dollar and
fifty cents for each scalp of wild cat. catamount, or red fox ; seventy-five
cents for each scalp of gray fox, and fifty cents for each scalp of chicken
hawk or owl, except screech owl, upon satisfactory evidence that the same
were, respectively, killed within the limits of the county and by the per-
son in whose behalf the same may be presented, to be paid on warrant of
said board on the county treasurer.

Eighth. Provide subsistence in time of want.—To provide, under such
regulations as the board may prescribe, means of subsistence for those
threatened with starvation and unable to provide for themselves, and to
make an order for all levies necessary to carry out this provision. All
contracts for this purpose shall be reduced to writing, signed bv the chair-
man, and be evidence against the county.

§ 835. Levy for court allowances.—It shall be the duty of the clerks
of the circuit courts to furnish to the supervisors of their counties, on or
before the day on which they meet, to make the county levy, copies of all
orders and allowances made by their respective courts, pavable out of
the county treasury; and it shall be the duty of the supervisors to make
a levy for the payment of all such orders and allowances as the courts by
law may be authorized to make.

$836. Claims to be itemized; attorney for Commonwealth to repre-
sent county; appeal from allowance of claim.—No account shall be al-
lowed by the board of supervisors unless the same shall be made out in
separate items, and the nature of each item specifically stated; and
where no specific fees are allowed by law, the time actually and necessa-
rily devoted to the performance of any service charged in such account
shall be verified by affidavit, to be filed therewith. The attorney for the
Commonwealth shall represent the county before said board ; and it shall
be his duty to resist the allowance of any claim which is unjust, or not
before the board in proper form and upon proper proof, or which for any
other reason ought not to be allowed; and when any claim has been al-
lowed by said board against the county, which, in the opinion of said at-
torney, is improper or unjust, or from which he shall be required to ap-
peal by any six freeholders of the county, the said attorney shall appeal
from the decision of such board to the circuit court of said county, caus-
ing a written notice of such appeal to be served on the clerk of such
board and the party in whose favor the said claim is allowed, within
thirty days after the making of such decision.

§ 838. Appeal from disallowance of claim.—When a claim of any
person against a county is disallowed in whole or in part by the board of
supervisors, if such person be present, he may appeal from the decision
of the board to the circuit court of said county within thirty days from
the date of said decision; if he be not present, it shall be the duty of the
clerk of the board to serve a written notice of the disallowance on him
or his agent, and in that case he may appeal to the said court from the
decision within thirty days after service of such notice: provided, that
in no case shall the appeal be taken after the lapse of six months from
the date of the decision. Such appeal may be taken by causing a written
notice thereof to be served on the clerk of the board and executing a
bond to such county, with sufficient surety to be approved by the clerk,
with condition for the faithful prosecution of such appeal, and the pay-
ment of all costs that shall be adjudged against the appellant by the
court.

§ 840. When no appeal allowed.—No appeal shall be allowed to the
circuit court unless the claim exceeds ten dollars.

§ 841. Supersedeas to order for levy.—When any order for a levy is
made by the board of supervisors, which, in the opinion of the attorney
for the Commonwealth, is illegal, or from which he shall be required: to
appeal by any six frecholders of the county, the said attorney shall ap-
peal therefrom, within thirty days after such order is made, to the cir-
cuit court of said county, and such appeal shall operate as a supersedeas.
Without waiting the final decision of the appeal, the board may rescind
its order and order a levy according to law; or if the court shall, on the
hearing of the appeal, be of the opinion that the order is contrary to law,
jt shall reverse the same and direct the said board to enter such order as
to the court may seem right. If money be collected under any such
order, which is afterward rescinded or reversed, the treasurer shall forth-
with repay such money to the person from whom it was collected. If he
fail so to do, a moticn may be made and judgment obtained, in like
manner as in cases provided in section eight hundred and sixty-three.

§ 846. Board to provide books, seals, and so forth, for clerks and treas-
urer.—The board of supervisors shall, at the expense of the county, pro-
vide suitable books and stationery for the use of the clerk of their board,
the county treasurer, the county clerk, and the clerk of the circuit court,
together with appropriate cases and other furniture, for the safe and
convenient keeping of all the books, documents, and papers in the cus-
tody of each of said officers, and: also official seals for each of said officers,
where the same are required by law.

§ 847. Statement of receipts and expenditures to be posted or pub-
lished.—The board: of supervisors shall cause to be made out annually,
immediately after their meeting at which the county levy is made, a
statement showing the aggregate amount of the receipts and expenditures
of the year next preceding; also, a statement showing the aggregate
mount allowed for the next succeeding year to the officers of the coun
ind for incidental and necessary expenses of the county, in form as {
OWS:

“To sheriff of the county ............. ccc cee eee eee eee $
To the county clerk ............ ccc cece eee eee ee eees $
To the Commonwealth’s attorney for the county ............. $
To the treasurer of the county ............. cece eee eens $
To members of the board of supervisors ..........00. eee eee $
To registrars 1.0... 0 cc cece cee eee eect e eee ee ee ee eens $
To superintendent of the poor ......... 00. e eee e eee cece $
To judges of elections .......... 00. ccc cece e eee eee $
To clerks of elections .......... 0... cece eee eee eens $
For building bridges ..... 0.0.0... cece see ee cece eee e ee eeees $
For overseers of roads .......... 0. cece cece eee e eee eeee $
For damages in opening roads ............ cc see eee ee cence $
For support of the poor ........... 0. cece eee ee eee cence 3’

And an itemized statement of incidental expenses of the county,
-mbraced by either of the foregoing items.

A copy of such statement shall be posted at the front door of
courthouse and at each voting place in the county, and published in
4 more newspapers of the county or adjoining county or city, as
voard may direct.

And each member of the board of supervisors who fails to comply 1
the provisions of this section shall be guilty of a misdemeanor, and
onviction thereof shall be fined not less than ten dollars nor more t
mne hundred dollars.

§ 849. Clerk of board; his general duties.—The county clerk shal
2x-officio clerk of the board of supervisors. It shall be his general dut

First. To record in a book to be provided for that purpose all the
ceedings of the board.

Second. To make regular entries of all their resolutions and decis
on all questions concerning the raising of money; and within five «
after any order for a levy is made, to deliver a copy thereof to each ¢
missioner of the revenue of his county.

Third. To record the vote of each supervisor on any gtiestion sub
ted to the board, if required by any member present.

Fourth. To sign all warrants issued by the board for the payn
of money, and to record, in a book provided for the purpose, the rep
of the county treasurer of his receipts and disbursements.

Fifth. To preserve and file all accounts acted upon by the board,
their action thereon; and he shall perform such special duties as aré
quired of him by law.

§ 850. To endorse on claims amount allowed; to furnish copy of
record, and so forth.—lIt shall be the duty of the clerk to endorse u
every account, on which any sum shall be audited and allowed by
board, the amount so audited and allowed and the charges for which
same was allowed; and he shall also deliver, to any person who may
mand it, a certified copy of any record in his office, or of any acc
therein, on receiving from such person the fees allowed to the clerk of
the circuit court for similar services.
2. That section eight hundred and thirty-nine of the Code of Vir-
us, ae all acts or parts of acts in conflict with this act, are hereby re-
ed.
3. This act shall be in force on and after February first, nineteen hun-
dred and four.