Chap. 441.—An ACT to Amend and Re-enact Sections 1, 2, 8, 4, 5, 6, 7, 15,
17, 19, 20, 21, 23, 24, 25, 26, 27, 28, 29, 50, 31, 32, 33, 34. 85, 36, 37, 58,
09, 40, 41, 42, 43, 44, 45, and 48, of Chapter 52 of the Code of Virginia
(edition of 1860), so as to make the Provisions of the Chapter Conform
to the Constitution.

é
In force November 10, 1870.

Ҥ 1. Be it enacted by the general assembly of Virginia, That
it shall be the duty of the township board in each township in
the several counties of this state, to meet as soon as may be
after the passage of this act, and divide their respective town-
ships into one or more road districts, and to spread upon their
township records the order making such division, which shall
define clearly the boundaries of each district; and where a
public road is the boundary line of any such district, shall de-
clare to which district the same, or parts thereof to be desig-
nated by them, shall belong, and shall number the same as road
district number , of the township of _ , and said
board may, from time to time, alter or change the boundaries
of such districts; but when such change is made, the order
making the same shall be recorded as above directed, and a
copy thereof posted at some public place in each district af-
fected thereby; but no such change shall be made in the boun-
daries of any road district for sixty days prior to any annual
township election.

Ҥ 2. Each commissioner of roads elected on the fourth
Thursday in May, eighteen hundred and seventy, shall, on or be-
fore the first day of January, eighteen hundred and seventy-
one, and every commissioner of roads hereafter elected, shall
qualify at the time and in the manner prescribed for the quali-
fication of township officers, and shall, at the time of his quall-
fication, or if he shall have already qualified, give bond in the
penalty of not less than five hundred dollars nor more than
two thousand dollars.

Ҥ 3. It shall be the duty of cach township board, as soon
as their township shall have been laid off into road districts, to
appoint an overseer of roads for each road district in their
township, who shall, before entering upon the discharge
of the duties of his office, qualify and give bond in the manner
prescribed in this act for other overseers of roads to qualify
and give bond, and shall hold his office until the first day of
July, eighteen hundred and seventy-one: provided, that in
townships where, from any cause, there are no officers, or not
a quorum to constitute the township board, then the jadge of
the county court shall appoint the necessary overseers in any
township. His duties, powers, liabilities, and compensation
shall be the same as other overseers under this act.

Ҥ 4. There shall be elected, annually, in each road district
of the several townships in this state, at such time as may be
designated by the township board, but not later than the
fourth Saturday in May, one overseer of roads, who shall be a
resident of the road district in which he is elected, and who
shall qualify on or before the first day of July next after his
election, by taking the oaths of office prescribed by law, before
one of the justices of his township, and entering into bond, in
a penalty to be prescribed by the township board, but not less
in any case than double the amount and value of any property,
taxes, and moneys which will probably come into his hands
during the year, conditioned that he will account’ for such
taxes, moneys, and property that pass into bis hands as such
overseer, and in all other respects, faithfully discharge the du-
ties of his office; which bond shall be acknowledged before
the township board, with sureties to be approved by them,
and shall be filed and kept by the townsbip clerk with the
township records.

Ҥ 5. For all elections held under this section, it shall be the
duty of the township board of roads in each township to de-
signate the place for holding the same in the several road dis-
tricts in its township, and shall cause the overseers of roads to
post notices thereof at three or more public places in their sev-
eral districts for at least ten days next preceding any such
election. Such board shall also appoint a discreet citizen from
each road district in his township (at least ten days before such
election), to act as judge of election. The judge of election so
appointed shall obtain from the clerk of his township a certi-
fied list of the qualified voters in his road district, whieh list
shall be evidence of the right of the persons named therein to
vote at such election, and no person not named therein shall
be entitled to vote at such election. The judge of election
shall appoint a clerk to keep the poll book at the election for
which he is appointed. The poll for such election shall be
opened at twelve o’clock, M., and closed at six o’clock, P. M.,
ot the day on which such election is held. Such election shall
be conducted, and returns thereof made, signed, and certified
in the same manner, as nearly as may be, and under the same
penalties as prescribed for elections held under the general
election laws of the commonwealth: provided, that the re-
turns of such election shall be made by the judge of election
to the clerk of his township, who shall file the same among the
records of his township, and notify the person elected of his
election.

Ҥ 6. No person shall be eligible either to the office of com-
missioner of roads or of overseer of roads, who is at the time
supervisor, a justice of the peace, or township clerk in the same
township, nor shall the same person be both commissioner of
roads and overseer of roads in his township.

Ҥ 7. Each township board, at its annual meeting in July,
sha]] assess and levy a tax upon the property, real and personal,
of the township, assessed for state revenue, an amount which,
with the labor contributed under the fifteenth section of this
act, shall be sufficient to pay the expense of keeping all the
public roads in its township in good repair, and of such width
and condition as may be required by law: provided, that the
assessment on property shall not be more, in any one year
than ten cents on the hundred dollars; the assessment to be
made upon the same basis as that upon which state revenue:
are levied.
‘“§ 8. When the assessment has been made, the board shall
require the clerk to provide a suitable book for each road over-
seer, and write in it the name of each overseer and each person
that belongs to his district, and opposite the name of each per-
son the tax which has been assessed upon him. Such list of
taxes shall be delivered to each overseer, to be collected by
him in the manner provided for in this act.

Ҥ9. The board shall also prepare a schedule, which shal!
show at what rate each tax payer shall have credit for his labor
on the public roads, and for the use of his teams, ploughs, and
other implements used thereon: provided, that the credit for
labor shall not exceed the rate of eight cents for each hour for
an able-bodied hand: and provided further, that no credit
shall be allowed for the use of any implement the market value
of which does not exceed three dollars. A copy of this schedule
shall be delivered to each road overseer by the clerk.

“$10. At such times as the overseer may judge most suit-
able, he shall notify all persons taxed in the list which he haa
received from the township clerk, of the day on which he re-
quires them to work on his road. At the time appointed, it
shall be the duty of each tax-payer to perform such labor as
the overseer shall direct, and to furnish such teams, wagons,
carts, scrapers, or other implements, if he have them, as the
overseer may require. The overseer shall keep a strict account
of all credits due any tax payer for services rendered in ac-
cordance with the schedule furnished by the board, and when-
ever the tax upon any person has been worked out, such person
shall be discharged.

Ҥ 11. But if any tax payer prefers to pay his tax in money,
then the overseer shall receive it and expend it on his road, by
hiring labor or purchasing such material as he may need: pro-
vided, that the prices paid for work or material shall not ex-
ceed the neighborhood rates.

Ҥ 12. Each overseer of roads may, at any time, when a tax
payer in his district is in arrear in the payment of his road
tax, by labor and material, or the use of teams and implements,
It he believes such tax payer does not intend to pay his road
tax, or that he is about to remove from his district, he may,
from the book in his possession, make off a tax ticket against
such tax payer, and upon affidavit of the facts upon such tax
ticket, place such ticket in the hands of one of the constables
of his township; and after any tax payer shall have had an
opportunity to pay his road tax in labor and material, or the
use of teams and implements, the overseer shall place the ticket
against such tax payer in the hands of one of the constables
for his township. Such constable shall receipt for the same, to
be paid to said overseer, or his successor in office, when col-
lected, and shall forthwith levy and collect the same, with ten
per centum thereon for his own commissions, in the same man-
ner as other taxes are collected; and for this purpose, shall
have all the powers now vested in township collectors for the
collection of taxes, and when collected, shall pay the same,
less his commissions, to the overseer of the district from which
the ticket originally came.
Ҥ 13. At the annual June meeting of the township board,
the overseer shall render an accurate account to the board,
showing how much of the taxes in his list have been collected
and expended, what amount of fines have been collected and
expended, and what persons are delinquent; how much has
been paid in money, and how much commuted by labor, teams,
and implements; and how much, in his opinion, it will take to
keep his road in order for the ensuing year; who are delin-
quent, and for what sums. And said overseer shall have credit
in his settlement for all receipts of constables for taxes charged
against him, which shall be charged against his successor; but
the township board may, at any time, credit such overseer with
any taxes which appear to be insolvent, and which the over-
seer may make aflidavit have not been collected by him.

Ҥ 14. The overseer and his sureties shall be liable, upon his
bond, for any failure to account for any taxes in his hands;
and if he fail to make such settlement as is provided for in the
preceding section, or fail to account for all taxes placed in his
hands, the township clerk shall at once place his bond in the
hands of the attorney for the commonwealth for the county,
who shall sue upon the same for the use of said township, and
shall be entitled to a fee of five dollars, to be taxed in the cost
of the suit.

Ҥ 15. All male persons in each road district shall be ap-
pointed by the overseer of roads for that district, and com-
pelled to work on some public road therein two days in each
year, with the following exceptions, viz: persons under six-
teen and above sixty years of age, and persons who reside in
a town that provides for its poor and keeps its streets in or-
der. A list or designation of the persons so appointed to work
on the public roads shall be filed by the said overseer of roads
with his township clerk.

‘““§ 16. Every person required to work shall, either in person
or by a sufficient substitute, when required by the overseer of
roads for his district, attend with proper tools, and work the
road on such days (not exceeding two in the year) as the said
overseer of roads may direct. For every day on which there
may be a failure, eighty cents shall be paid as a fine to the said
overseer of roads, within twenty days thereafter, by the per-
son in default, if a person of full age, or if he be an infant, by
his parent or guardian. If the money be not paid, it shall be
recoverable by the overseer of roads, with costs, before a jus-
tice, and said justice shall issue a writ of fieri facias for said
fine and costs, which, when collected, shall be paid to the said
overseer of roads. Any money received by an overseer of
roads under this section, after the payment of costs, shall be
applied to the improvement of the roads in his district.

Ҥ 17. Each overseer of roads shall cause the roads under
his charge to be kept clear and smooth, free from loose rocks,
from gates unlawfully kept up, and other obstructions, of the
required width, well drained, and otherwise in good order, and
secure from the falling of dead timber therein. He shall keep
at the fork or crossing of every road, a sign board, on which
shall be stated, in plain letters, the most noted places to which
each road leads, and across each stream, where it is necessary
and practicable, a sufficient bridge, bench, or log, for the ac-
commodation of foot passengers.

Ҥ 18. Upon complaint to the county court by any citizen
of the county, or upon presentment by the grand jury, that
any road in such county is not in such condition as the law re-

uires, the court, in its discretion, shall summon the township
board of the township in which road may lie, to appear before
it, upon a day named in such summons, to show cause why
they shall not be compelled to levy a sufficient tax to keep
such road in order, and if, in the opinion of the court, upon
the hearing of said cause, the same is necessary, it shall, by
mandamus, compel said township to levy a sufficient tax to
keep their roads in order, and the cost of such proceeding
shall be paid by the individual members of such township
board. The attorney for the commonwealth shall appear for
the complainant; but if such complaint sha be decided against
a complainant, he shall pay all costs, but nothing shall be paid
to the attorney for the commonwealth.

““§ 19. Each overseer of the road shall receive for his ser-
vices two dollars per day for each day actually and necessarily
employed in the discharge of his duties, to be offset against his
tax, and the excess, if any, to be paid by the township. He
shall also provide, when practicable, suitable watering places
on the line of roads under his charge, forthe accommodation
of cattle and foot passengers.

Ҥ 20. If a vacancy occur in the office of overseer of roads
in any district, the township board tor the township in which
such vacancy occurs, or the judge of the county court, in the
cases provided for in the third section of this act, shall forth-
with appoint an overseer of roads to fill such vacancy, who
shall qualify and give bond as prescribed by this act, within
thirty days after bis appointment, and shall have all the powers
and perform all the duties required of other overseers under
this act.

Ҥ 21. At the meeting of the township board to divide the
township into road districts, it shall determine whether it will
levy a road tax for the residue of the year, ending July the
first, eighteen hundred and seventy-one, and if it so determine,
shall levy the same and place it in the hands of the several
road overseers of the township, to be by them collected in the
manner provided for the collection of road tax in this act.

“To establish new road or éanding.

Ҥ 22. The county court may direct one or more commis-
sioners of roads to examine such of the existing roads in the
county, or such routes for new roads therein as it may desig-
nate, and report upon the expediency of altering the location
or grade of any existing road, or of establishing any new road,
or of building or repairing any bridge, or may direct him or
them to lay off any road at such grade as it may prescribe.

Ҥ 23. Every road shall be thirty feet wide, unless the county
court order it to be less.
“The county court may order a road adjoining a town or
village to be made therefrom wider, for a distance not exceed-
ing eight hundred and fifty yards. In such case the width
shall not exceed sixty feet.

Ҥ 24. When any person:applies to a county court to have
a road or landing therein established or altered, the court shall, |
and whenever, without such application, it sees cause for so
doing, the court may direct one or more commissioners of
roads, or appoint three or more viewers to view the ground,
and report to the court the conveniences and inconveniences
that will result as well to individuals as to the public, if such
road or landing shall be as proposed, and especially whether
any yard, garden, orchard, or any part thereof, will in such case
have to be taken.

Ҥ 25. The commissioner acting under the twenty-second or
twenty-fourth section of this act, shall particularly report the
facts and circumstances, in his opinion, useful in enabling the
court to determine the expediency of establishing or altering
the road or landing. He may examine other routes than that
proposed for any road, and report in favor of the one he pre-

ers, with his reasons for the preference. He shall report the
names of the land owners on such route, and state which of
them require compensation, the probable amount thereof, and
any other matter which he may deem pertinent. A map or
diagram of such route shall be returned with his report. If
the commissioner be not a surveyor, he shall procure one if
necessary.

Ҥ 26. Upon the report, unless the opinion of the court be
against establishing or altering the road or landing, it shall
award process to summon the proprietors and tenants of the
lands on which it will be if established, to show cause against
the same. The summons shall be executed on such of them as
are in the county, and on any agent therein of any proprietor
not within the same.

Ҥ 27. Upon the return of the said process so executed, if
the court has enough betore it to enable it to fix upon.a just
compensation to the proprietors and tenants, and they are wil-
ling to accept what it deems just, it may determine the matter
without a writ of ad quod damnum.

Ҥ 28. But the writ shall be awarded, if desired by any pro-
prietor or tenant, or if the court see cause for awarding. the
same. Such writ shall command the sheriff to summon and
impannel a jury of twelve qualified jurors of the vicinage, not
related to either party, to meet on tbe lands of such proprie-
tors or tenants as may be named in the order and writ, ata
certain place and day therein also specified, of which, nptice
shall be given by the sheriff to such proprietors and tenants.
Such notice shall be served like the previous process, except
only that it need not be given to one present at the time of
making the order.

Ҥ 29. The jury, after being duly sworn by the sheriff, shall
view the lands of the proprietors and tenants so named, and
ascertain what will be a just compensation to each proprietor
and tenant so named for the land of his proposed to be taken,
and for the damage to the residue of his tract beyond the pe
culiar benefit which will be derived in respect to such residue
from the road or landing. °

Ҥ 30. If the jurors shall not be sworn on the day specified,
or if they cannot agree upon their inquest (in which case they
may be discharged), the sheriff shall execute the writ on such
other day as he may, from time to time, appoint, notice thereof
being given to the parties interested. If the inquest cannot
be completed in one day, the sheriff shall adjourn the jury
from day to day until its completion; when completed, it shall
be signed by the jurors and returned by the sheriff, together
with the writ.

Ҥ 81. After the return thereof, the court shall, upon the re-
port, inquest, and other evidence, if any, determine whether
the road or landing shall be established or altered as proposed,
and if the court determine to establish or alter such road or
landing, it shall direct the township in which such road or
landing is to alter or establish the same, and to pay to the pro-
prietors and tenants of land the compensation allowed, but the
cost of such application shall be paid by the county, which
costs shall include the costs of the inquest, except where it is
required to be paid by the proprietor or tenants of land under
this act, and if the road so established be of benefit to more
than one township, shall determine the proportion of such bur-
den and expense to be borne by each township, and shall in
every case designate the commissioner of roads in the town-
ship in which such road or landing is, to establish or alter the
same, and if two townships are interested in such road or land-
ing, shall designate which commissioner shall establish or alter
the same: provided, that no more than one acre of land shall
be condemned for any landing, and no road or landing shall
be established upon or through any lot in an incorporated town
without the consent of the proprietor thereof.

Ҥ 32. A statement in writing of the number of days each
commissioner and every surveyor was employed in executing
any such order, shall be sworn to and presented to the court,
and the court may allow to each a reasonable compensation,
not exceeding two dollars per day for each commissioner, and
two dollars and fifty cents per day for the surveyor.

Ҥ 33. Where the record shows that the sum allowed by a
jury as compensation to any proprietor or tenant is not more
than the court, before awarding the writ of ad quod damnum,
had consented to allow him, such proprietor or tenant shall be
adjudged to pay the costs occasioned by such writ.

Ҥ 34. When the court decides against the application of an
individual to establish or alter a road or landing, he shall pay
the costs incurred in the case, except such costs as may be
payable by any proprietor or tenant under the thirty-third see-
tion, and the court may enforce payment tnereof.

Ҥ 35. When any road is altered, it shall be discontinued to
the extent of such alteration, and no farther. Any person
may apply to have a county road or landing discontinued after
publishing notice of the intended application, on the first day
of aterm of the county court, at the door of the courthouse
of the county, and at two public places in the neighborhood.
The county court, at the next term after that at which such
notice shall have been so published, shall appoint three or more
viewers, or direct one or more commissioners of roads to view
such road or landing, and report in writing whether, in their
or his opinion, any, and if any, what inconvenience would re-
sult from discontinuing the same. Upon the said report and
other evidence, if any, the court may discontinue such road or
landing, taking care, in every case of an established post
road, not to discontinue the same until another has been sub-
stituted.

Ҥ 36. When a road or landing is established or altered by
the court, the township or townships chargeable with altering
or establishing the same, shall, at the next annual meeting in
July, make a township levy sufiicient to pay to the proprietors
and tenants of lands the compensation allowed them by the
court, to be collected as other township levies are collected,
and shall also levy a tax upon such road district or districts In
the township as are interested in the establishment of such
road or landing, to be denominated the extra or special road
tax, and the clerk of such township shall place the same in the
hands of the commissioner of roads designated by the court
to alter or establish such road or landing, who shall receipt for
the same and collect it either in labor, material, the use of
teams and implements furnished for the purpose, or in money,
to be expended therefor, in the same manner provided for the
collection of road tax by overseers of roads, and with such
labor, materials, teams, implements, and money, shall alter or
establish such road or landing, allowing the same credits for
labor, teams, and implements, as that allowed by the township
board, and make report thereof to the township board, and
he shall have all the rights and powers for the collection of
said tax allowed by this act to overseers of roads for the col-
lection of road tax. The overseers of roads in the district or
districts upon which such tax is levied, shall have the right to
assist the commissioner, and for their services shall receive the
pay allowed them for work upon their own roads, to be cred-
ited upon their extra or special tax, aud the excess, if any, to
be paid by his township.

Ҥ 37. Every commissioner acting under the preceding sec-
tion, shall, within sixty days after he shall have finished such
road or landing, settle with the township clerk, and pay over
to him any balance in his hands, which shall be placed to the
credit of the general road fund for the township, and shall
have credit in such settlement for any constable’s receipt for
taxes which he may turn over to said clerk, and for any taxes
certified by one of the justices or the supervisor to be insol-
vent, upon his affidavit that he has not collected them.

Ҥ 38. If any township fail to do any of the things required
by this act, upon the application of any person interested, the
county court shall, by mandamus, compel such township to do
such act.

Ҥ 89. The road commissioner shall receive for his services
in altering or establishing a road or landing, two dollars per
day for each day he is necessarily employed at such labor, to
be paid by the township.

“Erection or discontinuance of gates across roads.

Ҥ 40. Application may be made to the court of a county to
permit gates to be erected across any road therein, and a no-
tice of such application shall be forthwith posted at the door
of the courthouse, and at two public places near where the
gates are proposed to be erected. If it appear, at the next
term, that the notice has been duly posted, the court may,
upon evidence, if any, permit such erection. But gates erected
shall be discontinued whenever the court shall so direct.

“$41. If it be suggested by any citizen of this state to a
county court of the county in which such gate may be, that in-
jury or inconvenience results therefrom, the court shall cause
the owner of such gate to be summoned to appear at the next
term and show why the same should not be discontinued, and,
upon the return of such process executed, shall determine
whether there ought to be such discontinuance or not. If the
court adjudge that the gate shall be removed, the overseer of
the road district, or if there be none, the commissioner of
roads shall abate such gate, at such time as the court may
order.

Ҥ 42. The townships shall not be compelled to submit to a
vote of the township the annual road tax levied to keep the
roads in repair, or the special tax levied to establish or alter a
road, bridge, or landing, where it has been ordered by the
court, although the same involve the expenditure of a sum of
money exceeding three hundred dollars.

Ҥ 43. The overseer of any road may take from any conve-
nient lands so much wood, stone, gravel, or earth, as may be
necessary to be used in constructing or repairing such road, or
any bridge or causeway therein; and may, for the purpose of
draining the road, cause a ditch to be cut through any lands
adjoining the same: provided, such wood and other articles be
not taken from, and such ditch be not cut through, any lot in
a town without the consent of the owner.

Ҥ 44. If the owner or tenant of any such lands shall think
himself injured thereby, a justice, upon application to him,
shall issue a warrant to three freeholders, requiring them to
view the said lands and ascertain what is a just compensation
to such owner or tenant for the damage to him by reason of
anything done under the preceding section. The said free-
holders, after being sworn, shall accordingly ascertain such
compensation, and report the same to the township board, and
an allowance shall be made therefor in the next township levy.

Ҥ 45. Every commissioner of roads shall, annually, at the
June meeting of the township board, make a report to the said
board, which shall set forth the number of days’ labor per-
formed during the past year in each road district in his town-
ship by the overseer of roads for such district, and the hands
under him, the amount of money expended during the same
year upon the roads, bridges, and causeways; the condition of
the roads in the various road districts in his township; the
manner in which the several overseers of roads in his town-
ship have discharged their duties, and the course he deems it
most advisable should be pursued in relation to the roads in
his township during the ensuing year. It should also specify
such improvements as he thinks ought to be made in the said
roads, bridges, and causeways, and the order in which the work
had best be done, the probable cost of such improvement, and
the labor or money that would probably suffice in each road
district to keep in good order the roads as established, without
such improvements.

“Duties of the owner of a dam across which a road passes.

“4 46. The owner or occupier of every dam shall, so far as a
road passes over the same, keep such dam in good order, at
least twelve feet wide at the top, and also keep in good order
a bridge of like width over the pier head, flood gates, er any
waste cut through or around the dam; and shall erect and
keep in good order astrong railing on both sides of such bridge
or dam, unless such railing be dispensed with by the county
court. If be fail to comply with tbis section, he shall pay a
fine, for every twenty-four hours’ failure, of two dollars. But
the fine shall not in any one prosecution exceed fifty dollars,
and where a mill dam is carried away or destroyed, the owner
or occupier thereof shall not be thenceforth subject to such
fine until one month after the mill shall have been put into ope-
ration.

“Building bridges by the county.

‘“§ 47. Whenever a bridge or causeway.is necessary for the
convenience and use of citizens of the county generally, the
county court may order that it shall be made or repaired at the
expense of the county, and to this end may direct one or more
of the commissioners of roads in the county to receive propo-
sals for a contract for building or repairing the same.

“$48. The court of one county may notify the court of an-
other that a road is necessary from the line of the former to a
place in the latter, or that a bridge or causeway is necessary
over a place between the two counties. If the court to which
such notification is sent concur in this opinion, it shall, in the
former case, proceed in like manner as when a person applies
to have a road established; and in the latter, it shall appoint
three commissioners to meet at such place between the two
counties on 4 certain day, and agree with commissioners of the
other court as tothe manner and conditions of doing the work.
Upon this order being communicated to the former court, it
shall make a similar appointment. The persons so appointed
shall, after such conference, report the result thereof to the
courts by which they are respectively appointed. Upon such
report being made, each of the courts shall direct the same or
any other commissioners, not exceeding three for each court,
to unite with commissioners of the other court in receiving
proposals for doing the work in such manner and on such con-
ditions as may have been agreed on by the commissioners, or
in any other manner or upon any other conditions that may be
concurred in by the two courts.

Ҥ 49. If the court to which such notification is sent shall
fail to appoint viewers or commissioners, or if either court
shall fail in any respect to do on its part what should be done
towards the work, the remedy by mandamus shall lie before
the circuit court of the county whose court is complained of,
on behalf of the court of the other county. And the circuit
court shall compel the court complained of to do what ought
to be done in the matter.

Ҥ 50. At any time when any county court or county courts
have directed or appointed commissioners to receive pro-
posals for building or repairing a bridge or causeway, such
court or courts may, in their discretion, authorize the commis-
sioners to determine whether any, and if any, which of the
proposals shall be accepted, and to reduce to writing a contract

etween the county or counties and any person whose propo-
sals they may accept, and to take bond from the contractor,
with sufficient sureties, in a penalty at least double the amount
which he is to receive under the contract, payable to the county
or counties, with condition for the faithful performance of the
contract. Such bond and contract, after being signed by said
contractor, shall be returned by the commissioners to the said
county court or county courts, and if approved and ratified,
the fact shall be entered of record, and the contract and bond
shall, from the time of such approval and ratification by said
court or courts, be binding upon the county or counties and
such contractor, and the said contract and bond shall remain
filed in the clerk's office.

““§ 51. Whenever, apon the application of the commissioner
of roads of any township, it shall appear to the county court
that any public road or roads lying within such township
should be worked and kept in repair, in whole or part, at the
county expense, the court shall authorize one of the commis-
sioners of roads in the county to let such road or roads to con-
tract, in whole or any part as to-it may seem right in each
case, and for such time as the court may prescribe; and such
contract shall in all respects conform to the requirements of
the preceding section.

“4 52. The commissioners to receive proposals for any work,
shall publish notice in a newspaper for four weeks, or at the
front door of the courthouse on a court day, that proposals for
such work will be received in writing on the first day of the
next court, or on such subsequent day as may be mentioned in
the notice. The notice shall describe the work to be done,
and require such specifications to be made in the proposals as
the commissioners may determine on.

Ҥ 53. The proposals which may be received shall all be re-
turned to the court or courts, as the case may be, which shall
determine whether any, and if any, which of said proposals
shall be accepted, and if the proposals of any person be ac-
cepted, shall direct the commissioners, or one of them, to re-
duce to writing a contract between the county or counties and
such person.

Ҥ 54. The commissioners shall report to the court every
such contract, signed by the person with whom it is made.
And after an order shall be made by the court or courts ratify-
ing such contract, the same shall be binding upon the contrac-
tor and the county or counties, 80 soon as the contractor gives
bond, with sufficient sureties, to be approved by the court, and
in a penalty at least double the amount which he is to receive
under the contract, payable to the county or counties, with
condition for the faithfal performance of such contract. Such
bond shall be taken by the commissioners and returned to the
court. If approved by the court, the fact shall be entered on
the record, and the bond and contract shall remain filed in the
clerk’s office. The court may direct one or more of the com-
missioners of roads, or appoint some other person or persons
to superintend the work contracted for, and may make such al-
lowance therefor as it may deem reasonable, which shall be
chargeable on the county.

Ҥ 55. The money which the contractor may be entitled to
receive under any such contract, shall be so levied for as to be
paid at the times at which, by the contract, the same is to be
paid. When the contract is with two counties, the levy there-
for shall be by the supervisors of the two in proportion to the
taxes in each, according to the last assessment next before
such contract.

“How the county court directs bridges to be butlt by townshiwws.

Ҥ 56. When a bridge or causeway is necessary in any town-
ship, and it is impracticable for the township to have it built
or repaired, or if more than one township be interested in such
bridge or causeway, application may be made to the county
court, and upon such application, the same proceedings shall be
had as in case of establishing a new road or landing. Upon
the report of the commissioner, or commissioners, or review-
ers, the court may direct such township or townships as may
be interested in such bridge or causeway, to build or repair
the same; and if more than one township be interested, shall
direct in what proportion the expense shall be borne between
them, and the court shall order a contract to-be made for and
on behalf of such township or townships in the manner pre-
scribed in this act for contracting for bridges built by the
county; and when the bond and contract shall have been rati-
fied and approved, they shall be entered of record and filed in
the clerk’s office of the county court, and shall be binding upon
the township or townships and the contractor ; a copy of which
said contract shall be furnished the township board by the
clerk, with an endorsement thereon showing when the same
was admitted to record.

‘‘§ 57. The township board of any such townsbip shall, at its
next annual meeting in July, make a levy to meet the liability
of the township upon such contract; but no contractor shall
be entitled to collect any money upon any contract made un-
der the preceding section until his work shall have been re-
ceived by the county court, unless otherwise provided by the
terms of the contract.

“ How a townshtp may build bridges.

Ҥ 58. Whenever a bridge or causeway is necessary in any
township, and it is impracticable for the overseer of the dis-
trict to make or repair it out of his ordinary road tax, the
township board, after having proceeded in the same manner
required of a county court in case of building or repairing a
bridge by the county, may contract for building or repairing
the same in the same manner that a county court may contract
for the building or repairing of a county bridge, and the bond
and contract shall, from the time the same is approved and
filed in the township records, bind both the township and the
contractor; but no township board shall, for the purpose of
building a bridge or causeway under this section, ratify any
contract which involves the payment, by the township, of a
greater sum than three hundred dollars, without first submit-
ting the same to a vote of the township. The township shall,
at its next .annual meeting in July, levy a tax to meet its lia-
bilities upon such contract, which shall be collected as other
township levies are collected, but shall not be paid to the con-
tractor until his work shall have been received by the town-
ship board, unless the contract otherwise specify.

“ Bridge not to be used as a wharf.

Ҥ 59. No person shall use any county bridge as a wharf
from which to load or unload any vessel or boat, nor as a place
of deposit for any property; nor shall the master or owner of
any vessel make fast the same to, or lay the same alongside,
such bridge. Any person violating this section, shall pay a
fine of not less than five nor more than twenty dollars, which
fine shall be to the county in which the offence was committed.

“ How wharf, pier, or bulkhead, may be crected.

‘““§ 60. Any person owning land upon a water course may
erect a wharf on the same, or a pier or bulkhead in such water
course opposite its land, so that the navigation be not ob-
structed thereby, and so that such wharf, pier, or bulkhead,
shall not otherwise injure the private rights of any person.
But the court of the county in which such wharf, pier, or bulk-
head, shall be, after causing ten days’ notice to be given to the
owner thereof of its intention to consider the subject, if it be
satisfied that such wharf, pier, or bulkhead, obstructs the navi-
gation of the water course, or so encroaches on any public
landing as to prevent the free use thereof, may abate the same.

“$61. Any person desiring the privileges of erecting a
wharf at or on any county landing, may, after giving notice of his
intention by advertising such notice at some public place near
the landing, and also at the front door of the courthouse of
auch county on the first day of a term of the court of said
county, present to the court at its next term a petition for such

rivilege. The court may consider the same, and may, in its

iscretion, grant such privilege, and fix such rates.and charges,
upon such conditions and limitations, as it may see fit. But
the court, at any subsequent term, may, if it think proper, re-
voke such privilege, or alter such conditions or limitations, or
regulate the rates and charges. This section shall not be con-
strued to authorize a county court to grant the privilege of
erecting a wharf within a town which has a corporation court.

“Exception as to particular counties and as to certain roads in towns.

Ҥ 62. Nothing contained in this act shall be construed to
take from the jurisdiction or charge of the trustees, court, or
other authority of any town, so much of any road as by the
laws now in force is under such jurisdiction or charge, or to
repeal or alter an act passed February twenty-eight, eighteen
hundred and fifty-six, for working the roads of Loudoun county,
er any act amendatory thereof.

“Subterranean right of way through mountains.

Ҥ 63. Any person owning land in rear of a mountain or
hill, whigh contains coal or any other mineral, desiring a sub-
terranean right of way through such mountain or hill to con-
vey coal or any other mineral to market, may apply to the
court of the county or corporation in which such mountain or
hill may lie, for a writ in the nature of a writ of ad quod dam-
num; of which application, notice shall be given to the pro-
prietors of such mountain or hill through which the subterra-
nean right of way is to be, in the manner prescribed by the
second section of chapter sixty-three of Code of Virginia of
eighteen hundred and sixty. Ifthe court, on hearing the mat-
ter, think it proper, it shall issue the writ accordingly, directed
to the sheriff of the same county, who shall execute it in the
game manner, and like proceedings shall be had thereupon as
are prescribed in the third, fourth, fifth, and sixth sections of
said chapter sixty-three, so far as the same are applicable. If
the leave prayed for be granted, the applicant shall, before he
proceed therein, pay, or secure to the satisfaction of the par-
ties entitled thereto, the compensation ascertained by the jury
and all the cost of the inquest, and shall make and keep open
such subterranean way as he is allowed to make at his own
expense.

Ҥ 64. Chapter fifty-two of the Code of Virginia, eighteen
hundred and sixty, and all acts amendatory thereof, are hereby
repealed, to take effect on the first day of December, eighteen
hundred and seventy.

Ҥ 65. This act shall go into effect on the first day of De-
cember, eighteen hundred and seventy.
Whereas, the delegates and representatives of the good people of Virginia, in conven-
tion assembled, on the twenty-ninth day of June, in the year of onr Lord one thousand
seven hundred and seventy-six, reciting and declaring that whereas George the Third,
King of Great Britain and Ireland and Elector of Hanover, before that time entr usted
with the exercise uf the kingly office in the government of Virginia, had endeavored to
pervert the saine into a detestable and insupportable tyranny, by putting his negative on
laws the most wholesome and necessary for the public good; by denying his govern-
ors permission to pass laws of immediate and pressing importance, unless suspended in
their operation for his assent, and when so suspended, neglecting to attend to them for
many years; by refusing to pass certain other laws, unless the persons to be benefited
by them would relinquish the inestimable right of representation in the legislature; by
dissolving legislative assemblies repeatedly and continually, for opposing with manly
firmness his invasions of the rights of the people; when dissolved, by refusing to call
others for a long space of time, thereby leaving the political system without any legisla-
tive head; by endeavoring to prevent the population of our country, and for that | pur-
pose obstructing the laws for the naturalization of foreigners; by keeping among us, in time
of peace, standing armies and ships of war; by affecting ‘to render the military inde-
pendent of and superior to the civil power; by combining with others to subject us to a
foreign jurisdiction, giving his assent to their pretended acts ef legislation for quarter-
ing large bodies of armed troops among us, for cutting off our trade with all parts of
the world, for imposing taxes on us without our consent, for depriving us of the benefit
of the trial by jury, for transporting us beyond the seas for trial for pretended offences,
for suspending our own legislatures, and declaring themselves invested with power to
legislate for us in all cases whatsoever; by plundering our seas, ravaging our coasts,
burning our towns, and destroying the lives of our people; by inciting insurrection of
our fellow-subjects with the allurements of forfeiture and confiscation; by prompting
our negroes to rise in arms among us—those very negroes whom, by an inhuman use of
his negative, he had refused us permission to exclude by law; by endeavoring to bring
on the inhabitants of our frontiers the merciless Indian savages, whose known rule of
warfare is an undistinguished destruction of all ages, sexes, and conditions of existence ;
by transporting hither a large army of foreign mercenaries to complete the work of
death, desolation, and tyranny, then already begun, with circumstances of cruelty and
perfidy unworthy the head of a civilized nation; by answering our repeated petitions’
for redress with a repetition of injuries; and finally, by abandoning the helm of govern-
ment and declaring us out of his allegiance and protection; by which several acts of
misrule the government of this country, as before exercised under the crown of Great
Britain, was totally dissolved—did, therefore, having maturely considered the premises,
and viewing with great concern the deplorable condition to which this once happy coun-
try would be reduced unless some regular, adequate mode of civil policy should be
speedily adopted, and in compliance with the recommendation of the general congress,
ordain and declare a form of government of Virginia :

And whereas, a convention held on the first Monday in October, in the year one thou-
sand eight hundred and twenty-nine, did propose to the people of this commonwealth an
amended constitution or form of government, which was ratified by them:

And whereas, the general assembly of Virginia, by an act passed on the fourth of
March, in the year one thousand eight hundred and fifty, did provide for the election, by
the people, of delegates to meet in general convention, to consider, discuss, and propose
a new constitution, or alterations and amendments to the existing constitution of this
commonwealth; and by an act passed on the thirteenth of March, in the year one thou-
sand eight hundred and fifty-one, did further provide for submitting the same to the peo-
ple for ratification or rejection; and the same having been submitted accordingly, was
ratified by them:

And whereas, the general assembly of Virginia, by an act passed on the twenty-first
day of December, in the year one thousand eight hundred and sixty-three, did provide
for the election, by the people, of delegates to meet in general convention to consider,
discuss, and adopt alterations and amendments to the existing constitution of this com-
monwealth, the delegates so assembled did, therefore, having maturely considered the
premises, adopt a revised and amended constitution as the form of government of Vir-
ginia :

And whereas, the congress of the United States did, by an act passed on the second
day of March, in the year one thousand eight hundred and sixty-seven, and entitled an
act to provide for the more efficient government of the rebel states, and by acts supple-
mentary thereto, passed on the twenty-third day of March and the nineteenth day of
July, in the year one thousand eight hundred and sixty-seven, provide for the election,
by the people of Virginia, qualified to vote under the provisions of said acts, of dele-
gates to meet in convention, to frame a constitution or form of government for Virginia
in conformity with said acts, and by the same acts did further. provide for the submitting
of such constitution to the qualified voters for ratification or rejection :

We, therefore, the delegates of the good people of Virginia, elected and in convention
assembled, in pursuance of said acts, invoking the favor and guidance of Almighty God,
do propose to the people the following constitution and form of government for this
commonwealth:

ARTICLE I.

BILL OF RIGHTS.

A declaration of rights, made by the representatives of the good people of Virginia,
assembled in full and free convention, which rights do pertain to them and their
posterity, as the baste and foundation of government.

1. That all men are by nature equally free and independent, and have certain inherent
rights, of which, when they enter into a state of society, they cannot, by any compact,
deprive or divest their posterity, namely: the enjoyment of life and liberty, with the
means of acquiring and possessing property, and pursuing and obtaining happiness and
safety.

2. That this state shall ever remain a member of the United States of America, and
that the people thereof are part of the American nation, and that all attempts, from what-
ever source or upon whatever pretext, to dissolve said Union or to sever said nation, are
unauthorized and ought to be resisted with the whole power of the state.

3. That the constitution of the United States, and the laws of congress passed in pur-
suance thereof, constitute the supreme law of the land, to which paramount allegiance
and obedience are due from every citizen, anything in the constitution, ordinances, or laws
of any state to the contrary notwithstanding. |

4, That all power is vested in, and consequently derived from the people; that magis-
trates are their trustees and servants, and at all times amenable to them.

6. That government is, or ought to be, instituted for the common benefit, protection,
and security of the people, nation, or community; of all the various modes and forms ot
governnient, that is best which is capable of producing the greatest degree of happiness
and safety, and is most effectually secured against the danger of maladministration; and
that when any government shall be found inadequate or contrary to the purposes, a ma-
jority of the community hath an indubitable, inalienable, and indefeasible right to reform,
alter, or abolish it, in such manner as shall be judged most conducive to the public weal.

6. That no man, or set of men, are entitled to exclusive or separate emoluments or
privileges from the community but in consideration of public services; which, not being
descendible, neither ought the offices of magistrate, legislator, or judge to be hereditary.

7. That the legislative, executive, and judicial powers should be separate and distinct ;
and that the members thereof may be restrained from oppression, by feeling and partici-
pating the burthens of the people, they should, at fixed periods, be reduced to a private
station, return into that body from which they were originally taken, and the vacancies
be supplied by frequent, certain, and regular elections, in which all or any part of the
former members to be again eligible or ineligible, as the laws shall direct.

8. That all elections ought to be free, and that all men, having sufficient evidence of
permanent common interest with, and attachment to, the community, have the right of
suffrage, and cannot be taxed or deprived of their property for public uses, without their
own consent, or that of their representatives so elected, nor bound by any law to which
they have not in like manner assented, for the public good.

9, That all power of suspending laws, or the execution of laws by any authority, with-
out consent of the representatives of the people, is injurious to their rights, and ought not
to be exercised.

10. That, in all capital or criminal prosecutions, a man hath a right to demand the
cause and nature of his accusations, to be confronted with the accusers and witnesses, to
call for evidence in his favor, and to a speedy trial by an impartial jury of his vicinage,
without whose unanimous consent he cannot be found guilty; nor can he be compelled
to give evidence against himself; that no man be deprived of his liberty, except by the
law of the land or the judgment ‘of his peers.

11. That excessive bail ought not to be required, nor excessive fines imposed, nor
cruel and unusual punishment inflicted.

12. That general warrants, whereby an officer or messenger may be commanded to
search suspected places without evidence of a fact committed, or to seize any person or
persons not named, or whose offence is not particularly described and supported by evi-
dence, are grievous and oppressive, and ought not to be granted.

18. That in controversies respecting property, and in suits between man and man, the
trial by jury is preferable to any other, and ought to be held sacred,

14. That the freedom of the press is one of the great bulwarks of liberty, and can
never be restrained but by despotic governments, and any citizen may speak, write, and
publish his sentiments on all subjects, being responsible for the abuse,of that liberty.

15. That a well-regulated militia, composed of the body of the people trained to arms,
is the proper, natural and safe defence of a free state; that standing armies, in time of
peace, should be avoided as dangerous to liberty, and that in all cases the military should
be under strict subordination to and governed by the civil power.

16. That the people have a right to uniform government; and, therefore, that no gov-
ernment separate from or independent of the government of Virginia, ought to be
erected or established within the limits thereof.

17. That no free government, or the blessings of liberty, can be preserved to any peo-
ple but by a firm adherence to justice, moderation, temperance and virtue, and by a fre
quent recurrence to fundamental principles.

18 That religion, or the duty which we owe to our Creator, and the manner of dis
charging it, can be directed only by reason and conviction, not by force or violence
and, therefore, all men are equally entitled to the free exercise of religion according to
the dictates of conscience; and that it is the mutual duty of all to practice christian
forbearance, love, and charity towards each other.

19. That neither slavery nor involuntary servitude, except as lawful imprisonment may
constitute such, shall exist within this state.

20. That all citizens of the state are hereby declared to possess equal civil and
political rights and public privileges.

21. The rights enumerated in this bill of rights shall not be construed to limit other
rights of the people not therein expressed.

The declaration of the political rights and privileges of the inhabitants of this state is
hereby declared to be a part of the constitution of this commonwealth, and shall not be
violated on any pretence whatever.

ARTICLE II.

ad
DIVISION OF POWERS.

The legislative, executive and judiciary departments shall be separate and distinct, so
that neither exercise the powers properly belonging to either of the others; nor shall
any person exercise the power of more than one of them atthe same time, except as
hereinafter provided.

ARTICLE III.
ELECTIVE FRANCHISE AND QUALIFICATIONS FOR OFFICE.

Sec. 1. Every male citizen of the United States, twenty-one years old, who shall have
been a resident of this state twelve months, and of the county, city or towa in which he
shall offer to vote, three months next preceding any election, shall be entitled to vote
upon all questions submitted to the people at such election: ‘provided, that no officer,
soldier, seaman or marine of the United States army er navy shall be considered a resi-
dent of this state by reason of being stationed therein: and provided also, that the fol-
lowing persons shall be excluded from voting :

Ist. Idiots and lunatics.
2d. Persons convicted of bribery in any election, embezzlement of public funds, trea-
son or felony.

3d. No person who, while a citizen of this state, has, since the adoption of this
constitution, fought a duel with a deadly weapon, sent or accepted a challenge to fight a
duel with a deadly weapon, either within or beyond the boundaries of this state, or
knowingly conveyed a challenge, or aided or assisted in any manner in fighting a duel,
shall be allowed to vote or hold any office of honor, profit or trust, under this constitu-
tion.

Sxc. 2. Allelections shall be by ballot, and all persons entitled to vote shall be eligi-
ble to any office within the gift of the people, except as restricted in this constitution.

Sec. 3. All persons entitled to vote and hold office, and none others, shall be eligible
to sit as jurors.

Sec. 4. The general assembly shall, at its first session under this constitution, enact a
general registration law; and every person offering or applying to register shall take and
subscribe, before the officer charged with making a registration of voters, the following
oath:

ey, , do solemnly swear (or affirm) that I am not disqualified from exercising
the right of suflrage by the constitution framed by the convention which assembled in
the city of Richmond on the third day of December, 1867, and that I will support and
defend the same to the best of my ability.”

Sec. 5. No voter, during the time of holding any election at which he is entitled to
vote, shall be compelled to perform military service, except in time of war or public
danger, to work upon public roads, or to attend any court as suitor, juror or witness ;
and no voter shall be subject to arrest, under any civil process, during his attendance at
elections, or in going to or returning from them.

OATH OF OFFICE,

Sec. 6. All persons, before entering upon the discharge of any function as , officers of
this state, must take and subscribe the following oath or ‘affirmation:

«T, , do solemnly swear (or aftirm) that I will support and maintain the consti-
tution and laws of the United States, and the constitution and laws of the state of
Virginia; that I recognize and accept the civil and political equality of all men before
the ‘law, and that I will faithfully perform the duty of to the best of my ability.
So help me God.”

ARTICLE IV.
EXECUTIVE DEPARTMENT.
GOVERNOR.

Sec. 1. The chief executive power of this commonwealth shall be vested in a gov-
ernur. He shall hold office for a term of four years, to commence on the first day of
January next succeeding his election, and be ineligible to the same office for the term
next succeeding that for which he was elected, and to any other office during his term
of service.

Sec. 2. The governor shall be elected by the voters at the times and places of choos-
ing members of the general assembly. Returns of elections shall be transmitted, under
seal, by the proper officers, to the secretary of the commonwealth, who shall deliver
them to the speaker of the house of delegates, on the first day of the next session of
the general assembly. The speaker of the house of delegates shall, within one week
thereafter, in presence of a majority of the senate and house of delegates, open the said
returns, and the votes shall then be counted. The person having the highest number of
votes shall be declared elected ; but if two or more shall have the highest and an equal
number of votes, one of them shall be chosen governor by the joint vote of the two
houses of the general assembly. Contested elections for governor shall be decided by a
like vote, and the mode of proceeding in such cases shall be prescribed by law.

Sec. 3. No person, except a citizen of the United States, shall be eligible to the office
of governor; and if such person be of foreign birth, he must have been a citizen of the
United States for ten years next preceding his election; nor shall any person be eligible
to that oftice unless he shal! have attained the age of thirty years, and have been a resi-
dent of this state for three years next preceding his election.

Ssec. 4. The governor shall reside at the seat of government; shall receive five thou-
sand dollars for each year of his service, and while in office shall receive no other
amolument from this or any other government.
Sec. 5. He shall take care that the laws be faithfully executed ; communicate to the
general assembly, at every session, the condition of the commonwealth; recommend to
their consideration such measures as he may deem expedient, and convene the general
assembly, on application of two-thirds of the members of both houses thereof, or when,
ia his opinion, the interest of the commonwealth may require it. He shall be com-
mander-in-chief of the land and naval forces of the state; have power to embody the
militia, to repel invasion, suppress insurrection, and enforce the execution of the laws;
conduct, either in person or in such other manner as shall be prescribed by law, all in-
tercourse with other and foreign states; and, during the recess of the general assembly,
to fill pro tempore all vacancies in those offices for which the constitution and laws make
no provision; but his appointments to such vacancies shall be by commissions to expire
at the end of thirty days after the commencement of the next session of the general
assembly. He shall have power to remit fines and penalties in such cases and under
such rules and regulations as may be prescribed by law; and, except when the prosecu-
tion has been carried on by the house of delegates, to grant reprieves and pardons after
conviction; to remove political disabilities consequent upon conviction for offences com-
mitted prior or subsequent to the adoption, of this constitution, and to commute capital
punishment; but he shall communicate to the general assembly, at each session, the par-
ticulars of every case of fine or penalty remitted, of reprieve or pardon granted, and of
punishment commuted, with his reasons for remitting, granting, or commuting the same.

Sgc. 6. He may require information in writing from the officers in the executive de-
partment upon any subject relating to the duties of their respective offices; and may
also require the opinion, in writing, of the attorney-general upon any question of law
connected with his official duties.

Sec. 7. Commissions and grants shall run in the name of the commonwealth of Vir-
ginia, and be attested by the governor, with the seal of the commonwealth annexed.

Sgc. 8. Every bill which shall have passed the senate and house of delegates, and
every resolution requiring the assent of both branches of the general assembly, shall,
before it becomes a law, be presented to the governor; if he approve, he shall sign it;
but if not, he shall return it with his objections to the house in which it shall have origi-
nated, who shall enter the objections at large on their journal, and proceed to reconsider
it. If, after such consideration, two-thirds of the members present shall agree to pass
the bill or joint resolution, it shall be sent, together with the objections, to the other
house, by which it shall likewise be reconsidered, and if approved by two-thirds of all
the members present, it shall become a law, notwithstanding the objections of the gov-
ernor. But in all such cases the votes of both houses shall be determined by ayes and
noes, and the names of the members voting for and against the bill or joint resolution,
shall be entered on the Journal of each house respectively. If any bill or resolution
shall not be returned by the governor within five days (Sundays excepted) after it shall
have been presented to him, the same shall be a law in like manner as if he had signed
it, unless the legislature shall, by their adjournment, prevent its return, in which case it
shall not be a law.

LIEUTEN ANT-GOVERNOR.

Suc. 9. A lieutenant-governor shall be elected at the same time and for the same term
aa the governor, and his qualification and the manner of his election, in all respects, shall
be the same.

Sac. 10. In case of the removal of the governor from office, or of his death, failure to
qualify, resignation, removal from the state, or inability to discharge the powers and
duties of the office, the said office, with its compensation, shall devolve upon the lieutenant-
governor; and the general assembly shall provide by law for the discharge of the execu-
tive functions in other necessary cases.

Sgc. 11. The lieutenant-governor shall be president of the senate, but shall have no
vote except in case of an eyual division; and while acting as such, shall receive a com-
pensation equal to that allowed to the speaker of the house of delegates.

SECRETARY OF THE COMMONWEALTH, TREASURER, AND AUDITOR.

Sec. 12. A secretary of the commonwealth, treasurer, and auditor of public accounts,
shall be elected by the joint vote of the two houses of the general assembly, and continue
in office for the term of two years, unless sooner relieved. The salary of each shall be
determined by law.

Ssc. 18. The secretary shall keep a record of the official acts of the governor, which
shall be signed by the governor and attested by the secretary; and when required, he
shall lay the same, and any papers, minutes and vouchers pertaining to his office, before
41. Hanover shall have two delegates.
42. Henrico and Richmond city shall hav
43. Henry shall have one delegate.

44. Isle of Wight shall have one delegate.
45. James City and city of Williamsburg
46. King & Queen shall have one delegat
47. King William shall have one delegate
48. King George shall have one delegate.
49. Lancaster shall have one delegate.
50. Lee shall have one delegate.

d1. Louisa shall have two delegates.

52. Lunenburg shall have one delegate.
58. Loudoun shall have two delegates.
54. Mathews shall have one delegate.

55. Madison shall have one delegate.

56. Mecklenburg shall have two delegate
57. Middlesex shall have one delegate.
58. Montgomery shall have one delegate.
59. Nansemond shall have one delegate.
60. New Kent shall have one delegate.
61. Norfolk county and the city of Portsm
62. Norfolk city shall have two delegates
68. Nelson shall have one delegate.

64. Nottoway shall have one delegate.
65. Northampton shall have one delegate
66. Northumberland shall have one deleg
67. Orange shall have one delegate.

68. Patrick shall have one delegate.

69. Page shall havd one delegate.

70. Pittsylvania shall have four delegates
71. Petersburg city shall have two deleg:
72, Prince Edward shall have one delega’
78. Prince George shall have oue delegat
¢4. Prince William shall have one delega
75. Pulaski shall have one delegate.

76. Princess Anne shall have one delegat
77. Rappahannock shall have one delegat
78. Richmond county shall have one dele
79, Rockingham shall have two delegates
80. Rockbridge shall have two delegates.
81. Roanoke shall have one delegate.

82. Russell shall have one delegate.

83. Shenandoah shall have one delegate.
84. Smyth shall have one delegate.

85. Southampton shall have one delegate
86. Scott shall have one delegate.

87. Surry shall have one delegate.

88. Stafford shall have one delegate.

89. Sussex shall have one delegate.

90. Spotsylvania shall have one delegate.
91. Tazewell shall have one delegate.

92. Washington shall have two delegates.
98. Warren shall have one delegate.

94. Westmoreland shall have one delegat
95. Wythe shall have one delegate,

96. York shall have one delegate.

senators shall be elected for the term c
ities, cities, and towns shall be divided in
ity, and town of the respective districts,
or delegates under this constitution, shal
rst elected under this constitution in disti
fices at the end of two years, and those «
e end of four vears; and vacancies occu
election of senators for the full term.