Chap. 188.—An ACT Prescribing the Duties and Compensation of certain
Township Officers.

Approved July 11, 1870.

1. Be it enacted by the general assembly, That all township
officers elected on the fourth Thursday in May, after the year
eighteen hundred and seventy, shall, on or before the first day
of July next after their election, qualify by taking the oaths
of office before the judge for the circuit or county court of his
county, either in term time or in vacation; and each township
officer of whom a bond is required, shall, at the time of his
qualification, enter into and acknowledge before the court or
judge before whom he qualifies, such bond, with sureties, to be
approved by such court or judge; which bond shall conform
to the requirements and be subject to the provisions of section
eight, chapter thirteen, of the Code of Virginia (eighteen hun-
dred and sixty), and after being acknowledged before said
court or judge, shall be entered of record in the county court
of the county in which such oflicer resides, and if said qualifi-
cation and acknowledgment be in vacation, the fact thereof
shall be certified, and the bond returned by said judge to the
clerk of the county court, to be by him recorded as aforesaid,
and the order of qualification and acknowledgment shall be
entered as a vacation order; and for any failure on the part
of the clerk to perform the duties required of him by this sec-
tion, he shall forfeit not less than fifty nor more than one hun-
dred dollars.

Board of supervisors.

2, ‘The supervisors of the several townships in each county
shall constitute the board of supervisors for said county, and
by the name of The Board of Supervisors of the county of
[here insert the name of the county], may sue or be sued in
relation to all matters connected with their duties as such
board of supervisors.
3. The board of supervisors of the several counties shall as-
semble at their respective courthouses on the first Monday in
December in each year, and proceed to discharge the duties
hereinafter prescribed.

4. They may also hold special meetings when necessary, at
such times and places as they may find convenient, and shall
have power to adjourn from time to time, as they may deem
necessary; and at any meeting a majority of the supervisors
entitled to a seat in the county board shall constitute a quorum
for the transaction of business.

5. The board of supervisors of each county in this state,
shall have power, at the meeting on the first Monday in De-
cember in each year—

First—To audit the accounts of the county; to settle with
the county treasurer his accounts for the year, in the manner
prescribed by law; to settle with the sheriff his accounts upon
the collection of fines or other moneys accruing and belonging
to the county; to receive, audit, and approve the report and
accounts of the superintendent of the poor; and generally, to
settle with any other officer who may have an account with
the county, and to take such steps as may be necessary to se-
cure a full and satisfactory exhibit and settlement of the affairs
of the county. ;

Second—To examine the books of the assessors, and regu-
late and equalize the valuation of property.

Third—To fix the county levies for the ensuing year, upon
the information afforded by the above settlements, and to ap-
portion the same among the various townships of the county.

6. The said board of supervisors of each county of the state
shall have power at said meeting in December, or at any other
legal meeting—

First—To make such orders concerning the corporate pro-

perty of the county as they may deem expedient.
_ Second—To examine, settle, and allow all accounts charge-
able against such county, and when so settled, they may issue
county warrants therefor, as provided by law. But the board
of supervisors of any county shall not issue in any one year’a
greater amount of county warrants than the amount of the
county tax levied in such county for such year; and no inte-
rest shall ever be paid by any county on any county order.

Third—To build and keep in repair county buildings.

¥ourth—To cause the county buildings to he insured in the
name of the board of supervisors of said county and their
successors in office, for the benefit of the county, if they shall
deem expedient; and in case there are no public buildings, to
provide suitable rooms for county purposes.

Fifth—To direct the raising of such sums of money as may
be necessary to defray the county charges and expenses, and
all necessary charges incident to or arising from the execution
of their lawful authority, if the same has not been provided
for at the December meeting, and is necessary under the cir-
cumstances.

_ Sixth—To represent the county, and to have the care of the
county property, and the management of the business and con-
cerns of the county, in all cases where no other provision shall
be made.

Seventh—To perform all other acts and duties, which may
be authorized and required by law, not embraced in this act.

7. Every county board of supervisors may have a seal, and
may alter the same at pleasure; they shall sit with open doors,
and all persons conducting themselves in an orderly manner
may attend their meetings; and all questions before them, un-
less otherwise provided, shall be determined by the votes of a
majority of the supervisors present.

4 They shall, at their first meeting after their election, choose
one of their number as chairman, who shall preside at such
meeting, and at all other meetings during the year, if present ;
but in case of his absence from any meeting, the members pre-
sent shall choose one of their number as temporary chairman.

9, Every chairman shall have power to administer an oath
to any person, concerning any matter submitted to the board,
or connected with their powers or duties; and he shall coun-
tersign all county warrants.

10. No account shall be allowed by the county 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 necessarily devoted to the performance of any service
charged in such account, shall be verified by aflidavit, 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 be-
fore the board in proper form and upon proper proof, or which
for any other reason ought not be allowed.

11. Nothing in the preceding section shall be construed to
prevent any such board from disallowing any account, in whole
or in part, when so rendered and verified, nor from requiring
any other or further evidence of the truth and propriety
thereof, as they may think proper.

12. When any claim of any person against a county shall be
disallowed, in whole or in part, by the board of supervisors,
such person may appeal from the decision of such board to
the county court for the same county, by causing a written
notice of such appeal to be served on the clerk of such board
within thirty days after the making of such decision, and exe-
cuting a bond to such county, with sufficient surety, to be ap-
proved by the clerk of said board, conditioned for the faithful
prosecution of such appeal, and the payment of all costs that
shall be adjudged against the appellant by the court, except
that in a case where the decision complained of is upon an or-
der made by the county court or the judge thereof, or in a
case involving the constitutionality or validity of an ordinance
or by-law of a corporation, the appeal may be taken to the
circuit court having jurisdiction over said county or corpora-
tion.

13. The clerk of the board, upon such appeal being taken,
shall immediately give notice thereof to the attorney for the
commonwealth, and shall make out a brief return of the pro-
ceedings in the case before the board, with their decision
thereon, and shall file the same, together with the bond and
all the papers in the case in his possession, with the clerk of
such court; and such appeal shall be entered, tried, and deter-
mined the same as appeals from justices’ courts, and costs shall
be awarded thereupon in like manner: provided, that if the
claim be not of greater value than twenty dollars (exclusive
of interest), then the decision of the county court shall be final.

14. No action shall hereafter be maintained by any person
against a county, upon any claim or demand other than a
county order, until such person shall first have presented his
claim to the board of supervisors of such county for allowance.

15. The determination of the board of supervisors of any
county, disallowing, in whole or in part, any claim of any per-
son, shall be final and conclusive, and a perpetual bar to any
action in any court, founded on such claim, unless an appeal
shall be taken from the decision and determination of such
board of supervisors, or unless such board of supervisors shall
consent and agree to the institution and maintenance of an
action by such claimant against such county: provided, how-
ever, that when the board of supervisors shall refuse or neg-
lect to act upon any claim duly presented to them, this act
shall not be so construed as to prevent the institution and
maintenance of an action by such claimant: provided further,
that if any judgment shall be recovered in any such action
against any county, or against the board of supervisors, or
against any other county officer in an action prosecuted by or
against them or him, in their or his name of office, when the
same should be paid by the county, no execution shall be is-
sued upon such judgment, except as herein provided; but the
same, unless reversed, shall be provided for by the board of
supervisors in the next county levy; and the same shall be
collected as other county charges; and when so collected,
shall be paid by the county treasurer to the person to whom
the same shall be adjudged, upon the delivery of a proper
voucher therefor; but if payment thereof be not made before
the first day of December next succeeding such levy, execu-
tion may be issued thereon by the court in which said judg-
ment was rendered, or by the judge thereof in vacation.

16. The books, records, and accounts of the board of super-
visors shall be deposited with their clerk, and shall be open,
without any charge, to the examination of all persons.

17. The board of supervisors in every county shall, at the
expense of the county, provide suitable books and stationery
for the use of the clerk of their board, the clerk of the county,
of the county court, county treasurer, and the clerk of the cir-
cuit court, together with appropriate cases and other furniture
for the safe and convenient keeping of all the books, docu-
ments, and papers belonging to each of said offices; and also
Official seals for each of said officers, where the same are re-
quired by law.

18. The board of supervisors for each county shall cause to
be made out and published yearly, immediately after their an-
nual meeting, in at least one newspaper published in the county,
if such there be, a report making a full exhibit of the receipts
and expenditures of the year next preceding, and the accounts
allowed; and if no newspaper be published in the county, then
a copy of such report shall be posted at the courthouse door
and at two other public placgs in the county, or in some news-
paper printed in some other county or city, as the board of
supervisors may direct.

19. A special mecting of the county board of supervisors
of any county shall be holden only when requested by two of
the members thereof, which request shall be in writing, ad-
dressed to the clerk of the board, and specifying the time and
place of meeting; and uponthe reception of such request, the
clerk shall immediately give notice of such meeting to each of
the members of the board.

20, Each member of the board of supervisors shall be al-
lowed and paid by the county out of the county levy, a com-
pensation tor his services and expenses in attending the meet-
ings of the board, at the rate of two dollars per diem for the
time he shall actually attend, and five cents for each mile
traveled in going to or returning trom the place of meeting,
fur any distance traveled beyond ten miles from such place;
but no per diem allowance shall be made for any time oceu-
pied in traveling, where mileage is allowed theretor: provided,
that but one mileage shall be allowed for any one term of
meeting of such board, and no supervisor shall be allowed to
draw pay for more than ten days’ attendance on the county
board in any one year.

21. Kach supervisor shall,at the time of his qualification, enter
into bond in the penalty of not less than one thousand dollars,
and for any violation of the condition of said bond, he and his
sureties shal] be hable thereon for damages to any party injured
thereby: provided, that in no case shall the penalty of the bond
of asupervisor be more thantwenty- five hundred dollars. Ifany
supervisor shall refuse or neglect to perform any of the duties
which are or shall be required of him by law as a member of
the board of supervisors, or in other capacity, without just
cause therefor, he shall for each offence torteit a sum of not
less than twenty nor more than one hundred dollars: provided,
that the supervisors elected in May, eighteen hundred and
seventy, shall be permitted to qualify, upon entering into bond,
with good security, as herein required, in a penalty of not less
than five hundred dollars. :

Of the clerk of the board of supervisors.

22. The clerk of the county court shall be ex officio clerk
of the board of supervisors. Ile may appoint a deputy, if
necessary, and such deputy, in case of the absence or disa-
bility of such clerk, or in case of a vacancy in his office, shall
perform all the duties of such clerk during such absence, or
until such vacancy shall be filled; and every such clerk and
his sureties shall be responsible under his official bond for the
acts of his deputy.
23. It shall be the general duty of such clerk—

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

Second—To make regular entries of all their resolutions and
decisions on all questions concernmg the raising of money.

Third—To record the vote of each supervisor on any ques-
tion submitted to the board, if required by any member
present.

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

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

24. It shall be the duty of such clerk to designate upon
every account on which any sum shall be audited and allowed
by the board, the amount so audited and allowed, and the
charges for which the same was allowed; and he shall also de-
liver to any person who may demand it, a certified copy of
any record in his office, or of any account therein, on receiving
from such person the fees allowed to the clerk of the county
court for similar services.

25. Such clerk shall not sign or issue any.county warrant
except upon a recorded vote or resolution of the board of su-
pervisors authorizing the same, and such warrant shall be
signed by the clerk and countersigned by the acting chairman
of the board, and the name of the person to whom it is issued
shall be entered in a book to be kept by him in his office for
that purpose.

26. Such clerk shall receive a reasonable compensation for
such services as he may perform as clerk of the board, where
no specific fees are allowed therefor, to be fixed by the board
and paid by the county: provided, the same shall be assimi-
lated, as far as practicable, to the fees and compensation al-
lowed by law to the clerk of the county court for like services ;
but provided further, that the compensation so allowed shall
not exceed, in any one year, the sum of twenty-five dollars.

Of the township board.

27. The supervisor, commissioner of roads, and assessor of
each township, shall constitute a township board, whose du-
ties shall be—

First—To have and take such authority and charge over the
roads of the township as are imposed upon them by law.

Second—To audit the accounts of the township; to super-
vige and examine the settlement provided for by this act be-
tween the collector and township clerk acting as treasurer of
such township; to receive, audit, and approve the accounts of
the overseers of the poor; and generally, to settle with any
other officer or agent of the township who may be authorized
by law to receive and disburse any money of the township by
virtae of their office; and to take such steps as may be neces-
sary to secure a full and satisfactory exhibit and settlement of
the affairs of the township.

Third—To examine, settle, and allow all accounts charge-
able against said township, and when so settled, they shall
issue, in the manner provided by law, township warrants there-
for; but the said board shall not issue in any one year a greater
amount of such warrants than the amount of the township
tax levied for that purpose in such year; and no interest shall
ever be paid by any township on any such order.

ourth—To submit to a vote of the township any proposi-
tion for the purchase of property, or for the erection of build-
ings for the use of the township, or for any other proposition
involving the expenditure of a sum of money exceeding three
hundred dollars.

Fifth—To make such order for the repair of township build-
ings, or concerning the corporate property of the township, as
they may deem expedient.

Sixth—To cause the township property to be insured in the.
name of the township, if they shall deem it expedient; and in
case there are no township buildings, to provide suitable
rooms, ff necessary, for township purposes.

Seventh—To direct the raising of such sums of money as
may be necessary to defray the township charges and expenses,
and all necessary charges incident to or arising from the exe-
cution of their lawful authority, by making a township levy on
all the taxable persons and real and personal property in their
townships.

EKighth—To represent the township, and have the care of
the township property, and the management of the business
and concerns of the township in all cases where no other pro-
vision shall be made.

Ninth—To perform all other acts and duties, which may be
authorized and required by law, not embraced in this act.

28. The supervisor shall be chairman of the township board,
and if from any cause the officers constituting said board shall
not be present, the chairman, or, in his absence, either of the
other members of the board may notify any one or so many
of the justices of the township as shall, together with the
members of the board who are present, make a board of
three; andthe board, so constituted, may designate one of their
number as chairman, and shall have authority to act as the
township board.

29. Every chairman shall have power to administer an oath
to any person concerning any matter submitted to the board
or connected with their powers or duties; and he shall coun-
tersign all toWnship warrants.

30. All accounts against the township shall be presented to
and audited by the township board in the same manner, and
upon the same conditions, as is prescribed by law in regard to
the auditing of accounts against the county by the board of
supervisors of the county; and the action of the townshi
board shall be of the same virtue and effect in relation to suc
accounts, except by way of appeal, as hereinafter provided, as
the action of the board of supervisors is in relation to ac-
counts against the county. .

381. Appeals may be taken from the action of the township
board,in any case where the amount involved, exclusive of
interest, 18 above ten dollars, upon the same terms and in the
manner prescribed by Jaw in regard to appeals from the action
of the board of supervisors, except that notice of such appeal
shall be served on the township clerk.

32. The township clerk, upon such appeal being taken, shall
immediately give notice thereof to the attorney tor the cqm-
monwealth, and shall make out a brief return of the proceed-
ings in the case betore the board, with their decisions thereon,
and shall file the same, together with thee bond and _ all the
papers in the case in his possession, with the clerk of the court
to which the appeal may be taken; and such appeal shall be
entered, tried, and determined in the same manner, and upon
the same terms and conditions, as appéals from the action of
the board of supervisors of the county.

| 938, No action shall hereafter be maintained by any person
against a township, upon any claim or demand other than a
township order, until such person shall have first presented his
claim to the township board for allowance: provided, how-
ever, that when the township board shall refuse or neglect to
act upon any claim duly presented to therm, this act shall
not be so construed as to prevent the institution and mainte-
nance of an action by such claimant; and -provided further,
that such township board may consent and agree to the insti
tution and maintenance of any action by any such claimant.

34. If any judgment shall be recovered in any such action
against any township, or against the township board, or against
any other township ofticer or officers, in an action pr osecuted
by or against them or him, in their or his name of oftice, when
the same should be paid by the township, no execution shall
be issued upon such judgment, exeept as herein provided; but
the same, unless reversed, shall be provided tor by the town-
ship board in the next township levy, and the same shall be
collected as other county charges; and when so collected,
shall be paid by the township collector or treasurer to the
person to whom the same shall be adjudged, upon the delivery
of a proper voucher therefor; but if payment thereof be not
made before the first of June next succeeding such levy, exe-
cution may be issued thereon by the court in which said judg-
ment was rendered, or by the judge thereof in vacation.

35. The books, records, and accounts of the township board

shall be deposited with the township clerk, and shall be open,
without any charge, to the examination of all persons.

36. The township board shall furnish suitable looks and sta-

‘tionery for the use of the clerk and other officers of the town-
ship, with such appropriate cases and other furniture as may
be necessary for the safekeeping of such books and other pa-
pers belonging to each of said officers.

t 387. The township boards of the several townships shall
cause to be made out yearly, immediately after the annual
meeting in June, and posted at the places of voting of each
township, a report making a full exhibit of the receipts and
expenditures of the year next: preceding, arid the accounts al-
lowed.

38. Meetings of the township board shall be holden on the
last Saturday in July in each year, or as soon thereafter as
practicable, at which meetings the said board shall make the
township levy for the ensuing year, based upon the expendl-
tures of the preceding year. Meetings of said board shall also
be held on the first Saturday in June of each year, at which
time said board shall settle with the township treasurer his
accounts for the year, supervise his settlement with other off-
cers, and generally discharge any other of the duties imposed
upon them by law which requires attention. They shall also
audit all accotnts, of whatever description, against or with the
township, or with any township officer or other person, 80 as
to secure a full and complete exhibit and settlement of the af-
fairs of the township. Special meetings may be holden when
requested by two of the members of the township board, or of
five of the voters of the township; which request shall be in
writing, addressed to the township clerk, and specifying the
time and place of meeting; and upon the reception of such
request, the clerk shall immediately give notice of such meet-
ing to each of the members of the board.

39. Hach member of the township board shall be allowed
and paid by the township, out of the township levy, a com-
pensation for his services and expenses in attending the meet-
ings of said board, at the rate of two dollars per diem for the
time he shall actually attend, and no member of the township
board shall be allowed to draw pay for more than five days’
attendance on said board in any one year.

40. If any member of the township board shall refuse or
neglect to perform any of the duties which are or shall be re-
quired of him by law, as a member of the board, or in any
other capacity, without just cause therefor, he shall, for each
offence, forfeit a sum of not less than twenty-five dollars nor
more than one hundred dollars.

Of the township clerk.

41. The township clerk hall be ex-officio clerk of the town-
ship board. He may appoint a@deputy, if necessary; and such
deputy, in case of the absence or disability of such clerk, or
in case of & vacancy in his office, shall perform all the duties
of such clerk during such absence, or until such vacancy
shall be filled; and every such clerk and his sureties shall
be responsible, under his official bond, for the acts of his
deputy. °

42. It shall be the general duty of such clerk—

First—To have custody of the records, books, and papers
of the township when not otherwise provided by law; to file
and safely keep all papers required by law to be filed in his
office; and to record such as are required by law to be re-
corded therein.
Second—To record in a book to be provided for that pur-
pose, all the proceedings of the board.

Third—To make regular entries of all the resolutions and
decisions on all questions concerning the raising of money.

Fourth—To record the vote of each member of the town-
ship board onany question submitted to the board, if required
by any member of the board.

Fifth—To sign all warrants issued by the board for the pay-
ment of money, and to record in a book provided for that
purpose, at least so much of the various settlements made by
the township board as to exhibit in full the receipts and dis-
bursements of the township.

Sixth—To preserve and file all accounts acted upon by the
board, with the action thereon; and to perforn’ such special
duties as are required of him by law.

43. It shall be the duty of such clerk to designate upon every
account on which any sum shall be audited and allowed by the
township board, the amount audited and allowed, and the
charges for which the same was allowed; and he shall also de-
liver to any person who may demand it, a certified copy of
any record in his office, or of any account therein, on receiving
from such person the fees allowed to the clerk of the county
court for similar services.

44, Such clerk shall not sign or issue any township warrant
except upon a recorded vote or resolution of the township
board authorizing the same, and the said order shall be coun-
tersigned by the chairman, or acting chairman of the board;
and the name of the person to whom it is issued shall be en-
tered in a book to be kept by the clerk in his office for that
purpose.

45. The township clerk shall receive for each day on which
he shall be in actual attendance upon the township board and
for each day necessarily occupied in the discharge of the du-
ties imposed by section forty-nine of this act, a per diem al-
lowance of two dollars, to be audited by the township board
and paid by the township; and for all other services as clerk,
shall receive fees to be fixed by the township board, but to be
assimilated, as far as possible, to the fees now charged by the
clerks of county courts for similar services, to be paid by the
township, or the person at whose ingtance or for whose benefit
the services were rendered. For his services as treasurer, he
shall receive a commission of tavo per centum upon the whole
amount passing through his hands as such treasurer: provided,
that the said compensation in any one year shall not exceed
sixty dollars.

46. Copies of all papers duly filed in the office of the town-
ship clerk, and transcripts from the township book of records,
certified by the clerk, shall be evidence in all coufts, in like
manner as if the originals were produced.

47. The township clerk shall execute, in his name of office
and under his hand and seal, all conveyances of land belong-
ing to the township, whenever the same shall be sold in pur-
suance of an order of the township board, approved by a ma-
jority of the qualified voters of the township.
48. The township clerk shall be ex-officio treasurer of the
township, and as such shall make settlement with the town-
ship collector on the. thirty-first of December of each year, of
all levies, fines, and other moneys in his hands due the town-
ship, and disburse the same upon the order or warrant of the
township board, and shall annually present to the township
board at its June meeting a fair statement of the settlement
made by him with the collector on the preceding thirty-first
day of December, and shall make settlement at the same time
with said board of his own account as treasurer.

49. The township clerk acting as such treasurer, shall im-
mediately after the July meeting of the township board, from
the land and property book in his possession, make off tickets
for the township levy, and shall, annually, on or before the
first day of September, place the same in the hands of the
township collector, and take his receipt therefor, which re-
ceipt he shall turn over:for suit to the attorney for the com-
monwealth for the county within ten days after the succeeding
thirty-first day of December, if said collector tail to account
for and pay over to said clerk, as treasurer, the amount due
thereon by the said thirty-first of December, as hereinafter
provided.

50. Each township clerk shall give bond in a penalty of not
less than one thousand nor more than twenty-five hundred
dollars, and for any violation of the condition of said bond,
he and _ his sureties shall be liable thereon for damages to any
party injured thereby.

Overseers of the poor.

51. The powers and duties of overseers of the poor shall be
such as were prescribed by the laws in force when the consti-
tution was adopted, so far as the same were consistent with
this act, and such as now are or hereafter may be prescribed
by law, and tor misconduct or neglect of duty they shall be
liable to the penalties now prescribed by law. The fees and
allowances for overseers of the poor shall also be the sare as
are now prescribed.

02. Any application by orin behalf of one who is unable to
maintain himself, or by or in behalf of a family of a person
when he is unable to maintain it, and the family is unable to
maintain itself, such person or family shall be provided for or
assisted, if he or they have a legal settlement in a township
that has overseers, by one of the said overseers; and if he or
they have a legal settlement, not within such township, by the
order of the overseer of the township wherein such settlement
may be. But a person shall not be deemed to have a legal
settlement in said township until he shall have resided therein
for one year, nor in such county or township until he shall
have resided therein and without such township for one year,
and shall not be deemed to have a settlement in either if he
has migrated into this state within three years, unless, at the
time of so migrating, he was unable to maintain himself.
53. When, on application of such person or family, an over-
seer refuses either provision or assistance, the court of the
county or corporation may direct the same.

5-4. On the complaint of any overseer for any town or town-
ship, before a justice thereof, that any person is come into such
town or township who is likely to become chargeable thereto,
such justice may, by warrant, cause such person to be removed
to the town or township wherein he was last legally settled,
unless he be so sick or disabled that he cannot be removed
without danger of lite, in which case he shall be provided for
at the charge, in the first instance, of the town or township
wherein he is, and after his recovery, shall be removed.

35. The overseers of the town or township wherein such
person was last legally settled, shall, upon his being removed
thereto, provide for him, and répay all the charges incurred
for his maintenance, care, and removal; and if he die before
removal, they shall repay the charges for his burial, and those
incurred during his sickness. In case of their failure to com-
ply with this section, complaint may be made betore the county
or corporation court in which there is such failure, and a sum-
mons may be awarded against them, upon the return of which,
“executed,” the county or corporation court may order repay-
ment of the charges aforesaid, and compel obedience to any
such order by attachment or otherwise.

56. The council of a town may provide a prison house, work
house, and other buildings and improvements, employ man-
agers, physicians, nurses, and servants, and prescribe regula-
tions for the government of the several overseer s, and disci-
pline for the said houses and the persons therein.

57. Every overseer shall prevent any person from going
about begging, or staying in any street or other place to beg ;
and for failure so to do, after he has been notified thereof, shall
pay a fine of ten dollars, to be recovered before a justice of the
peace of the township, upon motion, after ten days’ notice to
such overseer, one-half whereof shall go to the informer and
the other half to the township. Every such person shall im-
mediately be taken up and conveyed to the place of general
reception for the poor of the town or township in which he
may be found, orif he has a legal settlement in any other town
or township in this state, he may be proceeded against accord-
ing to the provision heréinbefore prescribed; or when he has
migrated from another state, and has no legal settlement in
this, the overseer may cause him to be removed to such other
state. To carry into effect this section, an overseer may issue
®@ warrant to a constable, who shall forthwith convey, or cause
to he conveyed, such person to such state wherein he last had
his legal settlement.

Ax, Ever y person to be provided for by the overseers of the
poor shall be sent’to and kept at the place of general recep-
tion of the poor, to be supported; and all persons kept at the
place of general reception who are able to work, shall be made
to do so: provided, that it may be lawful for the overseers of
the poor for any township, by and with the consent of the su-
pervisor of the same and the superintendent of the poor of the
county, to provide assistance to such person, or the family of
such person, as may be unable to support himself or family, at
his place of residence; but provided also, that all such assist-
ance so rendered shall be a charge upon such township, to be
levied and collected as other township taxes are by law re-
quired to be levied and collected. In case of assistance so
rendered to any such person or his family, the overseer of the
poor for the township shall, on or before the first day of No-
vember of each year, make a report to the superintendent of
the poor for the county, setting forth the names of those pro-
vided for or assisted, where they reside, and what amount was
furnished each.

o9. In every county the amount which, according to the re-
port of the superintendent of the poor, will be required for
the support of the poor at the place of general reception in
the county, shall be chargeable on such county; and the board
of supervisors, in making the annual levy, shall provide for
raising the said amount, which shall be payable out of the pro-
ceeds of said levy to the superintendent of the poor, by the
treasurer, upon an order drawn upon him by the board ef su-
pervisors, to be by said superintendent expended in support
of the poor of the county, and accounted tor in his annual
settlement, and report to the board of supervisors. In every
town that has an overseer, the expense of supporting the poor
shall be provided for by the town council.

60. In this act, the word “overseer” or “ overseers” shall be
construed as if followed by the words “of the poor.”

61. The duties of the overseers of the poor in relation to
bastards or other destitute children, shall be the same within
their respective townships, as now prescribed under chapters
one hundred and twenty-five and one hundred and twenty-six
of the Code of eighteen hundred and sixty.

62. Overseers of the poor shall give bond in a penalty of
not less than five hundred nor more than one thousand dol-
lars, to be determined by the court or judge before whom he
qualifies: provided, that the penalty of said bond shall in no
case be less than double the amount which will probably pass
through his hands as such overseer.

Justices of the peace.

63. The jurisdiction, powers, duties, liabilities, and com-
pensation of justices of the peace and constables shall be the
same as prescribed by the laws in force when the constitution
was adopted, so far as they are not in conflict with the said
constitution or any law passed in pursuance thereof, and such
as may be hereafter prescribed by law; except that justices ot
the peace shall be entitled to a tee of ‘fifty cents for the trial
by warrant in which the commonwealth is not the plaintiff;
and in case of recovery, to be taxed in the costs and recovered
as other costs are; and except that constables shall qualify
and execute bond in a penalty of no less than two thousand
dollars in the same manner as prescribed in this act for other
township officers.

Assessors.

64. Each township assessor shall, at the time of his qualifi-
cation, enter into bond in the penalty of two thousand dollars.
Within ten days after such bond is given, the clerk of the court
wherein said bond is filed and recorded shall transmit a copy
thereof, together with a copy of the order of court, showing
the qualification of such assessor and acknowledgment of said
bond, to the auditor of public accounts. If any clerk shall
fail to perform this duty, a fine shall be imposed on ‘him of not
less than fifty dollars nor more than one hundred dollars.

65. The assessor shall receive the same fees of office allowed
by existing laws to commissioners of the revenue for the same
services, and shall be entitled to receive in consideration of
his services, to be paid on or before the first day of Septem-
ber, out of the treasury, upon the warrant of the auditor of
public accounts, a commission of two and a half per centum
on the amount of taxes lawfully assessed by him on persons,
on real and personal property, incomes, and salaries, within
the preceding twelve months. The auditor of public accounts
shall also pay to the several assessors all postage advanced by
them in the transmission of their books, or any correspondence
touching the duties of their office, and a fee of ten cents for
each birth and death registered and returned by them.,

His duties and compensation.

66. The duties, powers, and liabilities of assessors shall be
the same as are prescribed for commissioners of the revenue
under existing laws, except that the jurisdiction, powers, and
duties of an assessor shall not extend beyond the bounds of
his township, except to grant license, to exercise a privilege
which is not local, and which may be exercised in or out of
such township, according to exisfing laws; and except that he
shall not be required to list voters under the fourth section of
chapter six of the Code of Virginia (edition of eighteen hun-
dred and sixty); and said assessors shall in all respects be sub-
ject to the laws now relating to commissioners of the revenue,
so far as the same are applicable and are not inconsistent with
this act. .

67. It shall be the duty of the auditor of public accounts to
prepare and forward to the assessors of each township the re-
quisite number of printed forms of the land and property
books, and he shall also, by letter or printed circular, give such
instructions to said assessors in respect to their duties, as to
him shall seem judicious. If any assessor shall refuse to obey
the auditor’s instructions, he shall forfeit a sum not less than
thirty dollars nor more than fifty dollars. The expense of
such books and circulars and postage, of all communications to
and from an assessor on the business of his office, shall be de-
frayed out of the treasury.

Assistant assessor.

68. An assessor, unable from sickness or other cause to per-
form the duties of his office, may, at his own expense, employ
a@ person approved by the court to assist him; and such as-
sistant, after qualifying in the manner now provided by law
for the qualification ot deputy sheriffs, may discharge any of
the duties of assessor, and the principal and his sureties shall
be liable for the faithful performance of such duties.

Books and papera of his predecessor.

69. The assessor may apply for the official books and papers
which his predecessor had, to the person in possession thereof,
who shall deliver the same on such application; and for tail-
ure so to do upon such application, shall forfeit one hundred
dollars.

70. The auditor, upon satisfactory information that such
books and papers cannot be obtained, may authorize the asses-
sor to procure substitutes therefor, and any clerk furnishing
such substitutes may be paid the same fees therefor out of the
treasury as he might by law charge an individual for similar
services.

Copies of land and property books.

71. In addition to the copies of the land and property book
heretofore required to be made by the commissioner, there
shall be made by the assessor a copy which he shall deliver to
the township clerk, and shall be paid by the township a fair
compensation therefor. The copies of the land and property
book heretofore required to be furnished to the sheriff shall
hereafter be furnished to the county treasurer.

72. It shall be the duty of the assessor to furnish to the
clerk of the court for the county, for his examination, as re-
quired by law, the copies of said books by the tirst day of
April, and to furnish to the treasurer and auditor of public
accounts their copies by the fifteenth day of April; and for a
failure so to deliver said copies to the clerk in the time pre-
scribed, he shall pay a fine of not Jess than fifty nor more than
one hundred dollars; and for a failure to deliver said copies to
the treagurer and auditor of public accounts by the said fit-
teenth of April, he shall pay a fine of not less than one
hundred nor more than five hundred dollars, and the auditor
of public accounts shall not pay to him his compensation.

Additional lists.

73. It shall be lawful for the county court, or board of su-
pervisors of the county, or the board of the township, to require
the township assessor to make any additional lists not required
for state purposes, and for such service he shall receive fair
compensation, to be paid by the county or township at whose
instance such service is rendered.

74. Each township assessor shall, by the first day of De-
-cember, eighteen hundred and seventy, make out from the
books of the commissioner of the revenue for his county, a
statement of the aggregate value of real and personal pro-
perty in his township, and furnish the same to the board of
supervisors, Which shall be the basis of their apportionment
of the county levy among their various townships tor the year
eighteen hundred and seyenty-one: provided, that ifs the re-
assessment of the real estate of the commonwealth shall be
completed by the first day of December, eighteen hundred
and seventy, the said township assessors shall make their esti-
mates of real property from that re-assessment.

Oo. Nothing herein contained shall be so construed as_ to
prevent the commissioners of the revenue appointed under
the provisions of an act approved April eighth, eighteen hun-
dred and seventy, from making the assessment ot property
for the year eighteen hundred and seventy. .

Township collector.

76, Each township collector shall, at the time of his qualifi-
cation, enter into bond, in a penalty to be determined by the
jadge or court before whom he qualifies, but not less in any
case than two thousand dollars, or less than double the amount
to pass into his hands as such collector: provided, that the
collectors elected on the twenty-sixth of May, eighteen hun-
dred and seventy, shall give bond only in a penalty of double
the amount which will probably pass through the hands of
such collector during his term of office, to. “he tixed by the
court or judge before whom he qualifies.

77. Each collector shall, when he makes application to qual-
ify, produce to the judge or court a certificate of the treasurer
of the county, stating what amount of state revenue and of
county levy, as near as he can approximate the same, will pass
into the hands of such collector tor collection, and a like cer-
tificate from the township clerk, showing the amount of the
township levy, as near as he can approximate the sage, which
will pass into the hands of such collector tor colledlion and
the failure of the treasurer or of the township clerk to furnish
the same upon application, shall be deemed a breach of official
duty, and punishable as such; but the judge or court may, for
good cause shown, dispense with such certificate.

v8. The duties, powers, and liabilities of township collectors
as to all taxes and county and township levies which may pass
into their hands for collection, shall be the same as are naw
prescribed by law for the collection of taxes and county levies
by the sheriff, except so tar as the same may conflict with this
act, and except that the jurisdiction, powers, and duties of a
collector shall not extend beyond his township, except for the
collection of taxes trom tax- -payers absconding or removing
their effects from the limits of the township; and said collec-
tor shall, in all respects, have the same powers as to levy and
sale for taxes, and in all respects be subject to the same laws
governing sheriffs in the collection of taxes and county levies,
SO ar as the same are applicable.

A collector unable, from sickness or other cause, to per-
form the duties of his office, may, at his own expense, employ
& person, approved by the court, to assist him; and such as-
sistant, after qualifying in the manner provided by law for the
qualification of deputy sheriits, may discharge any of the du-
ties of collector, and the principal and his sureties shall be
liable for the faithful performance of such duties.

8). It shall be the duty of the township collector to receive
annually, on the first day of September, trom the county trea-
surer, at his office, all taxes and county levies, for the current
year, in his township then unpaid, with five per centum on the
amount thereof added, and to execute and deliver to said trea-
surer separate receipts therefor; and the collector shall be per-
mitted to retain the five per centum on said taxes and levies.
in his settlement with the treasurer, for his compensation, and
shall not be liable therefor in any suit upon his bond as collec-
tor.

81. The township collector shall receive trom the township
clerk, at any time prior to the first of September, township
Jevies, and receipt to him for the same, which receipt shall be
filed and recorded with the township records; and for the col-
lection of snch township levies, he shall be entitled to retain
such commissions upon the amount collected as the township
board may allow, but not less in any case than the per centumn
allowed tor the collection of taxes and county levies, and not
more in any case than ten per centum on the amount collected.

82. Each township collector shall, immediately after the first
day of September of each year, proceed to collect, by levy or
otherwise, all taxes and county and township levies in his hands,
and for this purpose shall have all the powers now granted
to sheriffs for the collection of the revenue and county levy,
and shall, on or before the first day of December of each year,
pay over to the county treasurer all taxes and county levies col-
lected by him, and in his settlement with the treasurer, if made
by the said first day ot December, shall have credit for all the
taxes and county levies returned by him and certitied‘as in-
solvent by the county judge, and a list of which has been posted
on the front door ot the courthouse; but the county judge
shall not make such certificate except upon the certificate of
the supervisor of the township, or proot of the fact by at least
two competent witnesses, and until the list of such insolvent
taxes and levies is verified by the oath of such collector, as
similar lists are now required to be verified by the sheriff or
collector‘of taxes; and said collector shall, by the thirty-first
day of December of each year, pay over to the township clerk
all township levies received by him, and in his settlement with
the township clerk, if made by the said thirty-first of Decem-
ber, shall have credit for all township levies returned by him
and certified as insolvent by the supervisor for said township,
or two justices of the peace thereof, and posted at the voting
place or places in said township; but the said supervisor or
said justices shall not make such certificate until such insolvent
list be verified by the affidavit of the collector, as required in
the case of other insolvent taxes and levies.

83. The township collector shall receive in payment of the
county levy, all warrants of the board of supervisors, and shall
add no per centum upon such levies; and in his settlement
with the township clerk shall have credit for all warrants of
the township board presented by him, unless it appear that the
same were purchased, directly or indirectly, by him at less than
their full value; and shall have the same commission upon taxes
s0 accounted for, as if the same were paid in money.

84. Within one month after the list of insolvent township
levies is allowed, the clerk of the township shall make out and
transmit to the auditor of public accounts, a statement of the
real estate appearing thereby to be delinquent, showing the
amount of the delinquency on each tract or lot; and there
shall be a lien upon said real estate for said levies, and the au-
ditor of public accounts shall keep a similar record of all real
estate upon which there is a lien for township levies, to that
required to be kept by him of lands upon which there is a
lien for county levy, and said land shall be proceeded with, in
all respects, as land upon which there is a lien for county levy;
and all moneys received into the public treasury on account of
such township levies, and the interest thereon, shall be consid-
ered as due to the township which ordered such levies, and
shall be paid according to the order of the township board;
but the lien of the commonwealth for taxes and interest, and
the lien of the county for levies and interest, shall be paramount
to the lien of the township for levies and interest.

85. The township clerk, by order of the township board,
may place into the hands of the township collector levies which
have theretofore been returned insolvent, at any time within
five years from such return; and said collector shall receipt
for, collect, and account for the same as for other towhship
levies, and shall receive therefor such per centum as the town-
ship board may allow: provided, the same be not more than
thirty nor less than ten per centum; and provided further, that
no levies shall be placed in the hands of the collector which
constitute a lien upon real estate under the preceding section
of this act.

86. If any collector fail to pay over such taxes or county
levies, or any part thereof, by the said first day of December,
or said township levies, or any part thereof, by the said thirty-
first of December, he and his sureties shall be liable, upon mo-
tion, for the amount of the deficiency in said taxes or levies,
together with damages thereon, after the rate of ten per centum
per month from the time such payment should have been made;
which motiop shall be heard by the county or circuit court
after ten days’ notice in writing; which notice shall show upon
its face on what account said taxes or levies are claimed; and
said motion shall be prosecuted by the attorney for the com-
monwealth, who shall, in case of the recovery, be entitled to
recover from the defendants a fee of ten dollars.

87. Vacancies occurring in township offices shall be filled by
appointment by the county judge, and the person so appointed,
upon gualifying and giving bond as required by law, shall enter
upon the discharge of the duties of the office to which he has
been appointed, and hold his office until his successor is elected
and qualified.

88. This act shall be in force from its passage, and chapter
fifty-one of the Code of eighteen hundred and sixty, except
section twenty-three, and all acts and parts of acts inconsisten
with this act, are hereby repealed.