Chap. 230.—An ACT to Amend and Re-enact an Act Prescribing the
Duties and Compensation of Vertain Township Officers, Approved July
1ith, 1870, and Acts Amendatory Thereof.

Approved March 19, 1872.

1. Be it enacted by the general assembly, That an act ap-
proved July 11th, 1870, entitled an act prescribing the duties
and compensation of certain township officers, and acts amenda-
tory thereof, be amended and re-enacted so as to read as
follows:

§ 1. Be it enacted by the general assembly, That all town-
ship officers elected on the fourth Thursday in May, after the
year eighteen hundred and seventy, shall, on or before the first
day of ‘I uly 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 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 officer resides, and if said qualification
and acknowledgment be in vacatioh, 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
@ vacation order; and for any failure on the part of the clerk
to perform the duties required of him by this section, he shall
forfeit not less than fifty, nor more than one hundred 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
assemble at their respective court-houses 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 quo-
rum 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 December 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 belong-
ing to the county; to receive, audit and approve the reports
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
secure a full and satisfactory exhibit and settlement of the
affairs of the county.

Second. To examine the books of the assessors, and regulate
and equalize the valuation of property.

Third. To fix the amount of county levies for the ensuing
year, from the information afforded by the above scttlements ;
to order the levy on all male persons over the age of twenty-
one years, and on all property assessed with state tax within
the county, or the order of levy may be a certain sum on all
male persons over the age of twenty-one years and for a cer-
tain per centum upon the amount of state tax, and to appor-
tion the same among the various townships of the county:
provided, however, that the capitation tax shall not exceed the
sum of fifty cents.

6. The board of supervisors of each county of the state shall
have power at said meeting in December, or at any other legal
meeting—
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First. To sell or exchange the corporate property of the
county; to purchase any such real estate as may be necessary
for the erection of all necessary county buildings, and to pro-
vide a suitable farm as a place of general reception for the poor
of the county, and to make such orders concerning such cor-
porate property as now exists, as may hereafter be required, or
they may deem expedient; but this section shall not beso con-
strued as to deprive the county or circuit court judges of the
power to control the court-houses of their respective counties,
and to designate the manner and purposes for which the same
shall be used, or (when not done by the board of supervisors)
to make such repairs thereto as they or either of them may
deem necessary.

Second. To examine, settle and allow all accounts chargeable
against such county, and when so settled they may issue county
warrants therefor, as provided by law. But the board of super-
visors of any county shall not issue in any one year a greater
amount of county warrants than the amount of county tax
levied in such county for such year; and no interest shall ever
be paid by any county on any county order.

Third. To build and keep in repair county buildings.

Fourth. To cause the county buildings to be insured in the
name of the board of supervisors of said county and their suc-
cessors in office, for the benefit of the county, if they shall
deem it 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
circumstances.

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. The board of supervisors of every county 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. They may require the

sheriff of the county, in person, or at his option, by one of his
deputies, to attend their meetings and preserve order, or dis-
charge such other duties as may be necessary to the proper
dispatch of the business before them; and for his services in
this behalf, the officer rendering them shall be entitled to a com-
pensation, to be ascertamed by the board and paid out of the
county levy, not exceeding two dollars per day or ten dollars
per annum. Ali questions submitted to the board of super-
visors of any county for decision, under the provisions of this
act, or of any law of the state, shall be determined by a vote
of a majority of the supervisors present: provided, that in any
case in which there shall be a tie vote of the board of super.
visiors of any county upon any such question, it shall be the
duty of the clerk of said board to certify such fact to the judge
of the county court of such county, who shall thereupon
attend the meeting of such board, and the vote of such board
shall be again taken upon such question, and if the number of
the votes of the supervisors present be cast in the affirmative
be equal to that cast in the negative, it shall be the duty of
such judge to give the casting vote, and thereby decide such
question; whereupon the proper order or ordinance in execu-
tion of such decision shall be entered by the clerk, and any de-
cision, order or ordinance so determined, entered or made shal]
be as binding and valid to all intents and purposes as if the
same were determined, entered or made upon the votes of all
or a majority of such board. .

8. 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 counter-
sign 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 affidavit, to be filed there-
with. The attorney for the commonwealth shall represent the
county before said board, and it shall be his duty to resist the
allowance of any claim which is unjust, or not before the board
in proper form and upon proper proof, or which for any other
reason ought not to be allowed. And when any claim has been
allowed by said board against the county, which is, in the opin-
ion of said attorney, improper or unjust, or from which he
shall be required to appeal by any six freeholders of the county,
the said attorney shall appeal from the decision of such board
to the county court of said county, 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 giving the
party in whose favor the said claim may have been allowed,
like notice of thirty days after the making of such decision ;
except that in case where the decision complained of is upon
an order made by the county court or the judge thereof, or in
& case involving the constitutionality or validity of an ordi-
nance or by-law of a corporation, the appeal may be taken to
the circuit court having jurisdiction over said county or cor-
poration.

11. Nothing in the preceding section shall be construed to
prevent any such board from disallowing any accounts, in
whole or 1n part, when so rendered and verified, nor from re-
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quiring any other or further evidence of the truth and pro-
priety 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 executing a
bond to such county, with sufficient security, to be approved by
the clerk of said board, conditioned for the faithful prosecution
of such appeal, and the payment of all costs that shall be ad-
judged against the appellant by the court, except that in a case
where the decision complained of is upon an order 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 cor-
poration, the appeal may be taken to the circuit court having
jurisdiction over said county or corporation.

13. The clerk of the board, upon any appeal being taken,
shall immediately give notice thereof to the attorney for the
commonwealth, and shall make out a bref 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 determined
the same as appeals of right from an order of a county court
in & controversy concerning @ will, 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 neglect.
to act upon any claim duly presented to them, this act shalk
not be so construed as to prevent the institution and mainte-
nance 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 any 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 issued
upon such judgment, except as herein provided; but the same,,.
unless reversed, shall be provided for by the board of super-

visors in the next eounty levy: and the same ghall he collected
as other county charges; and when so collected shall be paid
by the county treasurer to the person to whom the same shall
have been adjudged, upon the delivery of a proper voucher
therefur; but if payment thereof be not made before the first
day of December next succeeding such levy, execution may be
issued thereon by the court in which said judgment was ren-
dered, 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 opened
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 yearly, immediately after their annual meeting, a
report making a full exhibit of the receipts and expenditures
of the year next preceding and the accounts allowed. A copy
of such report shall be posted at the court-house door and at
one voting place in each township of such county, or in some
newspaper of the county, or adjoining county or city, as the
board of supervisors may direct.

19. A special meeting 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, addressed
to the clerk of the board, and specifying the time and place of
meeting; and, upon the reception of such request, the clerk
shall immediately give notice of such meeting to each of the
members of the board, issue a summons directed to the sheriff
of the county commanding him to summon each member of
the board to appear at the time and place mentioned, who shall
execute the same and make return thereof to the board; but no
fees shall be allowed said officer for such service.

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 for his services and expenses in attending the meet-
ings of the board, at the rate of three dollars per diem for the
time he shall actually attend, and five cents for each mile tra-
veled in going to or returning from the place of meeting, but
no per diem allowance shall be made for any time occupied in
traveling where mileage is allowed therefor: 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. Each 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 shall be liable thereon for damages to any
party injured thereby: provided, that in no case shall the pe-
nalty of the bond of a supervisor be more than twenty-five
hundred dollars.

If any 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, with-
out just cause therefor, he shall for each offence forfeit a sum
of not less than twenty nor more than one 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. He may appoint a deputy, if neces-
sary, 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.

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 concerning 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 ina 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 upon 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
deliver to any person who may demand it, a certified copy of
any record in his office, or of any account therein, on receiv-
ing 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 counter signed 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
allowed by law to the clerk of the county court for like ser-
vices; 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 duties
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-
vise 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
virtue 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 chargeable
against said township, and when so settled they shall issue, in
the manner provided by law, township warrants therefor; 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.

Fourth. 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,
if 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 execution
of their lawful authority, by making a township levy on all the
taxable persons and real and personal property in their town-
ships: provided, that no levy in excess of ten cents upon the
one hundred dollars of the taxable value of the property in
the township, for township purposes other than the repair or
construction of roads or bridges, shall be levied by any town-
ship board in any one year; except that in townships in which
the amount realized from a levy of ten cents upon the one
ty

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hundred dollars of taxable property therein would be less than
three hundred dollars, the board may, if the same be neces-
sary and proper, make such levy as will realize a sum not in
excess Of three hundred dollars.

Fighth. 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 provision
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 mem-
bers of the board who are present, make a board of three;
and the board so constituted may designate one of their num-
ber as chairman, and shall have authority to act as the town-
ship 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 are 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 township
board shall be of the same virtue and effect in relation to such
accounts, except by way of appeal as hereinafter provided, as
the action of the board of supervisors is in relation to accounts
against the county.

31. Appeals may be taken from the action of the township
board in any case where the amount involved, exclusive of in-
terest, is above ten dollars, upon the same terms and in the
same manner prescribed by law 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 for the com-
monwealth, and shall make out a brief return of the proceed-
ings in the case before the board, with their decisions thereon,
and shall file the same, together with the 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 appeals from the action of
the board of supervisors of the county.

33. 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. however,
that when the township board shall refuse or neglect 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; and provided further, that such
township board may consent and agree to the institution and
maintenance of any action by any such claimant.

34. If any judgment shall be recovered in any sucli action
against any township, or against the township board, or
against any other township officer or officers, 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 town-
ship, no execution shall be issued upon such judgment,
except as herein provided; but the same, unless reversed, shall
be provided for by the township 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, execution may be issued thereon by the court in
which said judgment 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 books 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 safe-keeping of such books and other pa-
pers belonging to each of said officers.

37. 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,
& report, making a full exhibit of the receipts and expenditures
of the year next preceding, and the accounts allowed.

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 expendi-
tures of the preceding year. Meetings of said board shall also
be held on the first Saturday in June in each year, at which
time said board shall settle with the township treasurer his
accounts for the year, supervise his settlement with other offi-
cers, and generally discharge any other of the duties impose
upon them by law which requires attention. They shall also
audit all accounts, of whatever description, against or with any
township officer or other person, so as to secure a full and
complete exhibit and settlement of the affairs 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 specify the time and place of meeting; and
upon the reception of such request the clerk shall immediately
give notice of such meeting to each of the members of the board
. 39. Each member of the township board shall be allowed
and paid by the township, out of the township levy, a compen-
sation for his services and expenses in attending the meetings
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’ attend-
ance 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 shall be ex officio clerk of the town-
ship board. He may appoint a deputy, if necessary; and such
deputy, in the case of the absence or disability of such clerk,
or in case of a vacancy in his office, shall perform all the duties
of such clerk during his absence, or until such vacancy shall
be filled; and every such clerk and his sureties shall be respon-
sible 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 recorded
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 township
board, on any 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 receipts and disburse-
ments of the township.

_ Sixth. To preserve and file all accounts acted upon by the
board, with the action thereon; and to perform 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
deliver, 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

entered in a book to be kept by the clerk in his office for that
se.

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 duties
imposed by section forty-nine of this act, a per diem allowance
of two dollars to be audited by the township board and paid by
the township, but in no case shall the sum exceed fifty dollars
in any one year; 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 instance or for whose benefit the services were rendered.
For his services as treasurer, heshallreceive a commission of two
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. But it shall be lawful for
the board of supervisors of any county in this state, at their
first annual meeting and annually thereafter, to enter an order
among their proceedings fixing the pay of township officers,
including the township clerk, at any sum below the per diem
now allowed by law.

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 courts 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 pursu-
ance of an order of the township board, approved by a majority
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 fifteenth of March 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 fifteenth of
March, 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, imme-
diately 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 December, place the same in the hands of the township
collector, and take his receipt therefor, which receipt he shall
turn over for suit to the attorney for the commonwealth for the
county within ten days after the succeeding fifteenth of March,
if said collector fail to account for and pay over to said clerk as
treasurer, the amount due thereon by the said fifteenth of
March, 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 dol-
lars, 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 or hereafter may be prescribed by
law. The pay and allowances for overseers of the poor shall
be such as the township board may prescribe, not to exceed
thirty dollars for each overseer for one year, and the same to

be paid out of the township levy.

52. Any application by or in 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 set-
* tlement in said township until he shall have resided therein for

f-

it

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 havea settlement in either if he has
migrated into this state within three years, unless at the time
of his so migrating he was able to maintain himself.

53. When on application of such person or family, an over-
seer refuses either provisions or assistance, the court of the
county or corporation may direct the same.

54. 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 life, 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.

55. The overseers of the town or township wherein such
person was last legally settled, shall, upon his being removed
thereto, provide for him, and repay 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 before 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 re-pay-
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 mana-
gers, physicians, nurses and servants, and prescribe regulations
for the government of the several overseers and discipline for
the said houses and the persons therein.

57. Every overseer shall prevent any person from going about
begging or staying in anystreetor otherplace to beg ; and for fail-
ure 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 immediately be taken
up and conveyed to the place of general reception for the poor
of the township in which he may be found, or if he has a legal
settlement in any other town or township in this state, he may
be proceeded against according to the provision hereinbefore
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 sec-
tion, an overseer may issue a warrant to a constable, who shall
forthwith convey or cause to be conveyed, such person to such
state wherein he last had his legal settlement.

58. Every 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 forany township, by and with the consent of the
supervisors 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 acharge upon such township, to be
levied and collected as other township taxes are by law required
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 November of
each year, make a report to the superintendent of the poor of
the county, setting forth the names of. those provided for
assisted, where they reside, and what amount was furnished each.

59. In every town that has an overseer the expense of sup-
porting 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
the 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 dollars,
to be determined by the court or judge before whom he quali-
fies: provided, that the penalty of said bond shall in no case be
less than double the amount which will probably pass through
his hands us such overseer.

Justices of the peace.

63. The jurisdiction, powers, duties, liabilities and compen-
sation 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 consti-
tution or any law passed in pursuance thereof, and such as
may be hereafter prescribed by law, except that justices of the
peace shall be entitled to a fee 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 not less than two thousand dollars, in the
same manner as prescribed in this act for other township offi-
cers, except that constables qualifying after the fourth Thurs-
day in May, 1872, shall not be required to execute a bond as
provided for in this section, and after the first day of July,
1872, they shall execute no civil process nor serve any warrant
for any claim, or receive or levy any execution issued in any
civil proceedings; but they shall be, on and after the date last
mentioned above, and are hereby restricted to the duties now
required of constables which pertain to the preservation of the
peace, warrants in criminal cases, search warrants, and arrests
of criminals, with the powers and labilities thereunto pertain-
ing.

1 ssessors.

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, show-
ing 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 doHars.

65. The assessor shall receive such fees and compensation as
are now or may hereafter be prescribed by law.

Lis duties, powers and liabilities.

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 existing 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
subject to the laws now relating to commissioners of the reve-
nue, 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 communica-
tions to and from an assessor, on the business of his office,
shall be defrayed 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
& person approved by the court to assist him; and such assist-
ant, after qualifying in the manner now provided by law for the
qualification of 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 papers 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 failure
80 to do upon such application shall fo rfeit one hundred dol-
lars

70. The auditor, upon satisfactory information that such
books and papers cannot be obtained, may authorize the
assessor to procure substitutes therefor; and any clerk furnish-
ing 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 books
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 ther efor. The copies of the land and property
books, 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 required by
law, the copies of said books by the first 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 de
liver said copies to the clerk in the time prescribed, he shall
pay a fine of not less than fifty nor more than one hundred
dollars; and for a failure to deliver said copies to the treasurer
and auditor of public accounts by the said fifteenth day of
April, he shall pay a fine of not less than one hundred nor
more than five hundred dollars, and the auditor of public ac-
counts shall not pay to him his compensation: provided, that
for the year eighteen hundred and seventy-two said assessor
may furnish the copies aforesaid to the clerk, treasurer and
auditor of public accounts, respectively, on the first and _fif-
teenth days of June.

~~ Additional lists.

; 73. It shall be lawful for the county court, or board of super-
visors 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. It shall also be the duty of
each township assessor or commissioner to list all children in
his township or school district between the ages of five and
twenty-one years, and to furnish said lists to the clerk of the
board of school trustees in his township or school district; and
he shall receive a compensation therefor at the rate of two dol-
lars per hundred for children so listed, to be paid out of the
district school funds.

Township collector.

74. Each township collector shall, at the time of his qualifi-
|: eation, enter into bond, in a penalty to be determined by the
judge 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, and in addition thereto
an amount sufficient to cover the duties required of him in the
seventy-seventh section of this act.

75. If, from any cause, no township collector be elected in
any township, or, being elected, fails to qualify, and the county
judge fails to find any suitable person to appoint who will
qualify, then such county judge shall make an order, either in
term time or in vacation, requiring the senior constable of said
township to be the collector thcreof, who shall give an addi-
tional bond in a penalty equal to double the amount to be
collected by him, and account for any taxes collecte.l by him
at the same time and in the same manner as collectors are now
required by law. If said constable refuses to act as such col-
lector, then said judge shall appoint a collector for such town-
ship, who shall give bond in a penalty double the amount to

t

(Go ogle
be collected by him, and shall be paid by the treasurer of such
county a per centum to be fixed by said judge, but not to ex-
ceed ten per centum on the amount actually collected and paid
to the treasurer by said collector; but no person who has been
previously entitled to said office for said term, by election,
appointment or operation of law, shall be appointed under this
section; and provided further, that in any case where there is
no township collector, and where it is impossible for the judge
to secure the services of any person to perform the duties of
such collector as authorized under this section, it shall be the
duty of the county or city treasurer to proceed to collect, by
distress or otherwise, all such taxes as may not be paid on the
first day of December, with five per centum additional as pro-
vided by law, and account for and pay the same into the trea-
sury of the state in like manner and at such times as he is now
required to account for and pay such taxes as he may receive
from the township collector; and upon all such sums so paid in
he shall be entitled to the same commission that he is allowed
upon all sums received by him and paid into the treasury prior
to the said first day of December.

76. 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 for collection, and a like
certificate. from the township clerk, showing the amount of the
township levy, as near as he can approximate the same, which
will pass into the hands of such collector for collection; and
the tailure 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.

77. The duties, powers and habilities 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 prescribed in
chapter thirty-six of the Code of Virginia (edition of eighteen
hundred and sixty,) as amended by act approved day of

eighteen hundred and seventy-two, for the collec-
tion of taxes and county levies, except so far 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 from tax payers absconding
or removing their effects from the limits of the township, and
said collector shall in all respects, have the same power as to
levy and sale for taxes, and in all respects be subject to the
same laws prescribed in said chapter in the collection of taxes
and county levies, so far as the same are applicable. And further.
the powers, duties, liabilities and compensation of townshir
collectors, after the first day of July, 1872, shall be the same
as now required by law of constables, in the execution of any
civil process, warrants for small claims, or any other process 01

order, except such as are reserved to constables in the 63d sec
tion of this act.
78. 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 assist-
ant, after qualifying in the manner provided by law for the
qualification of deputy sheriffs, may discharge any of the
duties of collector, and the principal and his sureties shall be
liable for the faithful performance of such duties.

79. It shall be the duty of the township collector to receive
annually on the first day of December, from 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 col-
lector.

80. The township collector shall receive from the township
clerk at any time prior to the first of December, township
levies, and receipt to him for the same, which receipt shall be
filed and recorded with the township records; and for the col-
lection of such 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
centum allowed for the collection of taxes and county levies,
and not more in any case than ten per centum on the amount
collected.

81. Each township collector shall, immediately after the first
day of December of each year, proceed to collect by levy or
otherwise as now provided by law, all taxes and county levies
in his hands, and shall, on or before the first day of March of
each year, pay over to the county treasurer all taxes and county
levies collected by him, and in his settlement with the treasurer,
if made by the first day of March, shall have credit for all the
taxes and county levies returned by him and certified as insol-
vent by the court of his county, and a list of which has been
posted on the front door of the court-house; but the court
shall not make such certificate, except upon the certificate of
the township board or proof of the fact by at least two com-
petent 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 venfied by the 36th chapter of the
Code as amended by the act approved day of
eighteen hundred and seventy-two; and said collector shall, on
the first day of September and the first day of December, and
the fifteenth day of March of each year, pay over to the town-
ship clerk all township levies received by him, and in his final
settlement with the township clerk, if made by the fifteenth
day of March, shall have credit for all township levies returned
by him and certified as insolvent by the said township board 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

Go ogle
list be verified by the affidavit of the collector, as required in
the case of other insolvent taxes and levies.

82. 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 so accounted foras if the same were paid in money.

83. Within one month after the list of insolvent township
levies is allowed, the clerk of the township shall make out and
transmit to the township board 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 said land shall be proceeded
with, in all respects, as land upon which there is a lien for
state taxes and county levy; and all moneys received by the
treasurer of the township on account of such township levies,
and the interest thereon, shall be considered 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 com-
monwealth 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.

84. The township clerk by order of the township board may
place in the hands of 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 township levies,
and shall receive therefor such per centum as the township
board may allow: provided, the same be not more than twenty
nor less than ten per centum: and provided further, that no
Jevies shall be placed in the hands of the collector which con-
stitute a lien upon real estate under the preceding section of
this act.

85. If any collector fail to pay over such taxes or county
levies, or any part thereof, by the said first day of March or
said township levies, or any part thereof, by the said fifteenth
of March, he and sureties shall be liable, upon motion 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
motion 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 theattorney for the commonwealth.

86. Vacancies occurring in township offices shall be filled by
appointment by the county court, and the person so appointed
shall qualify and give bond as required by law, within thirty
days after his appointment, and shall enter upon the discharge
of the duties of the office to which he has been appointed, and
hold his office until his successor has been elected and qualified.
2. 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 inconsistent
with this act are hereby repealed.