Chap. 270.—An ACT prescribing the Duties, Powers, Liabilities, ana
Compensation of District Officers, and to repeal chapter 47 and sectiun
Ist of chapter 48 of the Code of 1873.

Approved March 26, 1875.

1. Be it enacted by the general ussembly, That all district
officers elected on the fourth Thursday in May, shall, on or
before the first day of July next after their election, qualify
by taking the oaths of office before the judge for the cireuit
or county court of his county, either in term time or vaca-
tion; and each district officer of whom a bond is required.
shall, at the time of his qualification, enter into and acknow-
ledge, before the court or judge before whom he qualifies.
such bond, with sureties, to be approved by such court or
judge; which bond sball conform to the requirements and be
subject to the provisions of section six, chapter twelve of
the Code of eighteen hundred and seventy-three, and after
being acknowledged before said court or judge, shall be en-
tered of record in the county court of the county in which
such officer resides, and if said qualification and acknowledg-
ment be in vacation, the fact thereof shall be certified, and
the bond returned by said judge to the clerk of the county
court, to be by him recorded as aforesaid, and the order of
qualification and acknowledgment shall be entered as a vaca-
tion order; and for any failure on the part of the clerk to
perform tbe duties required of him by this section, he shall
forteit not less than fifty nor more than one hundred dollars.

2. The supervisors of the several] districts 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 dutics as such
board of supervisors.

3. The board of supervisors of the several counties shall
assemble at their respective courthouses on the first Monday
in December in each year, and proceed to discharge the du-
“ 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 su-
pervisors entitled to a seat in the county board shall consti-
tute a qnorum for the transaction of business.

5. The board of supervisors of each county shall assemble
at least ten days before the time fixed by law for the ap-
pointment of county surveyor and superintendent of the
pocr, and recommend to the county court suitable persons
for those offices, and shall direct thé clerk of the board to
certify their action to the said court.

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

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

Second. To examine the books of the commissioner of the
revenue, 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 persons over the age of twenty-one
years, and on all property assessed with state tax within tho
county; or the order of levy may be a certain sum on all
male persons‘over the age of twenty-one years, and for :
certain per centum upon the amount of state tax: providec
however, that the capitation tax shall not exceed the sum o
fifty cents.

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

First. To sell or exchange the corporate property of the
county; to purchase any such real e8tate as may be neces.
sary for the erection of all necessary county buildings, and
to provide a suitable farm as a place of general reception for
the poor of the county, and to make such orders concerning
such corporate property as now exists or as may hereafter
be required, or they may deem expedient; but this section
shall not be so construed as to deprive the county or circuit
court judges of the power to control the courthouses of their
respective counties, and to designate the manner and pur-
poses 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, ‘settie, and allow all accounts charge-
able against such coun'y, and when so settled they may issue
county warrants therefor, as provided by law. But the board
of supervisors of any county shall not issuc in any one year
a greater amount of county warrants than the amount ot
county tax levied in such county for such year; and no in-
terest 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
successors in office, for the benefit of the county, if they
shall deem expedient; aid in case there are no public build-
ings, 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 exeeu-
tion of their lawful authority, if the same has not been pro-
vided 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 concerns of the county, in all cases where no other pro-
vision shall be made.

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

8. The board of supervisors of every county may havea
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.
one of his deputies, to attend their meetings and preserve
order, or discharge such other duties as may be necessary to
the proper dispatch of the business before thom; and for his
services in this behalf; the officer rendering them shall be en-
titled to a compensation, to be ascertained by the board and
paid out of the county levy, not exceeding two dollars per
day, or ten dollars per annum. All questions submitted to
the board of supervisors 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 boasd of supervisors of any county upon
any such question, it shall be the duty of the clerk of such
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 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; where-
upon the proper order or ordinance, in execution of such
decision, shall be entered by the clerk; and any decision,
order, or ordinance so determined, entered, or made, suall 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.

9. They shail, 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 mccting, the
members present shall choose one of their number as tempo-
rary chairman. )

10. 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
countersign all county warrants.

11. 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 feces 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 therewith. The attorney for the commonwealth shall
represent the county before said board; and it shall be his
duty to resist the allowance of any claim which is unjust, or
not before the board in proper form and upon proper proof,
or which for any other reason ought not to be allowed; and
when any claim has been allowed by said board against the
county, which is, in the opinion of said attorney, improper
or unjust, or from which he sha:! be required to appeal by
any six freeholders of the county, the said attorney shall
appeal from the decision ef such board to the eounty 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 a case
where said judge gives the casting vote of said board, or in
a 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
corporation.

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

13. When any claim of any person against a county shall
be disallowed, in whole or in part, by the board of super-
visors, it shall be the duty of the clerk of said board, if such
person be not present, to serve a written notice of such dis-
allowance upou said person; and 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, or the service of notice
of said disallowance by the clerk, 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 sball be
adjudged against the appellant hy 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 corporation, the appeal may be taken to the
circuit court having jurisdiction over said county or corpo-
ration.

14. 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 brief return of the
proceedings 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 cntered, tried, and
determined the same as appeals of right from an order of a
county court in a controversy concerning a will, and costs
shall be awarded thereupon in like manner: provided, that
if the claim be not of greater value than twenty dollars (ex-
clusive of interest), then the decision of the county court
shall be final.

15. No action shall hereafter be maintained by any person
i.gainst a county, upon any claim or demand other tban s
county order, until such person shall first have presented his
claim to the board of supervisors of such county for allow-
ance. ,

16. The determination of the board of supervisors of any
county, disallowing, in wholo or in part, any claim of any
person, 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: pre
vided, however, that when the board of supervisors shall
refuse or neglect to act upon any claim duly presented to
them, this act shall nofgbe so construed as to prevent the in-.
stitution and maintenance of an action by such claimant:
provided further, that if any judgment shall be recovered in
any such action against any county, or against the board of
supervisors, or against any other county officer in an action
prosecuted by or against them or him, in their or his name
of office, when the same should be paid by the county, no
execution shall be issued upon such judgment except as
herein provided; but the same, unless reversed, shall be pro-
vided for by the board of supervisors in the next county
levy ; and the same shall be collected as other county charges,
and when so collected, shall be paid by the county treasurer
to the person to whom the same shall have been adjudged,
upon the delivery of a proper voucher therefor; but if pay-
ment 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 rendered, or by the
judge thereof in vacation. °

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

18. 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 court, county treasurer, and the clerk of the circuit
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.

19. The board of supervisors for each county shall cause
to be made out yearly, immediately after their annual meet-
ing, a report, making a full exhibit of the receipts and ex-
penditures 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 district of such
county, or published in some newspaper of the county, or
adjoining county, or city, as the board of supervisors may
direct.

.20. 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 re-
quest, the clerk shall immediately give notice of such meet-
ing 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. The sberiff shall be allowed
the sum of fifty cents for the service of each summons, paya-
ble out of the county levy.

21. Each member of the board of supervisors shall be
allowed and paid by the county, oy of the county levy, s
compensation for his services and expenses in attending the
meetings of the board, at the rate of three dollars per ‘diem
for the time he shall actually attend, and five cents for each
mile traveled in ‘going to and 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. The meinbers of the
board of supervisors of the counties of Lee, Scott, Wise,
Buchanan, Russell, and Bland, shall receive each a per diem
of two dollars for their services for attending on said board,
to be paid out of the county treasury, but not to exceed ten
days in any one year.

22. 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
penalty of the bond of a supervisor be more than twenty-
five hundred dollars. J{ any supervisor shall refuse or ne-
glect to perform any of the duties which are or shall be re-
quired of him by law as a member of the board of supervisors,
or in other capacity, without just cause therefor, be shall,
for each offence, forfeit a sum of not less than .twenty nor
more than one hundred dollars.

23. The clerk of the county court shall be ex-officio clerk
of the board of supervisors. Ife may appoint a deputy, if
necessary; and sueh deputy, in case of the absence or dira-
bility of such clerk, or in case of a vacancy in his office,
shall perform all the duties of such clerk during such ab-
sence, 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.

24, 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 in a book provided for the
purpose, the reports of the county treasurer of the receipts
and disbursements of the county.

Fifth. To preserve and file all accounts acted upon by the
board, with their action thereon; and he shall perform such
special duties as are required of him by law. And it shall
be the duty of the clerks of the circuit and county courts
to furnish to the super@isors of their counties, on or before
the day on which the supervisors mect to make the county
levy, copies of all orders and allowances made by their re-
spective courts directing money to be paid out of the county
treasury ; and it shall be the duty of the supervisors to make
a levy for the payment of the same.

25. It shall be the duty of such clerk to designate upon
every account on which any sum shall be audited and al-
lowed 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 muy 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.

26. Such clerk shall not sign or issue any county warrant
except upon a recorded vote or resolution of the board of
supervisors authorizing the same, and such warrant shall be
signed by the clerk°’and countersigned by the acting chair-
man 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. .

27. 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 ycar, the sum of fifty dollars.

28. The powers and duties of overseers of the poor shall
be such as were prescribed by the laws in force when the
constitution was adopted, so far as the same were consistent
with this act, and such as now are or hereafter may be pre-
seribed by law. The pay and allowances:for overseers of
the poor sball be two dollars per duy while actually engaged,
not to exceed twenty dollars for each overseer for one year,
and the same to be paid out of the county levy.

29. On application by, or in behalf of ono who is unable
to maintain himself, or by or in behalf of a family of a per-
son when he is unable to maintain it, and the family is
unable to maintain itself, such person or family sball be pro-
vided for or assisted, if he or they have a legal sottlement
ip a town or county that bas overseers, by one of the said
overseers; but such application shall be made to the overseer
of the district in which said pauper resides, if there be one,
otherwise to some other overseer of the county, and if he
or they have a legal settlement, not within such town or
county, by the order of the overseer of the town or county
wherein such settlement may be. But a person shall not be
deemed to have a legal settlement in said town or county
until he shall have resided therein for one year, and shall
not be-deemed to have a settlement in either, if he has
migrated into this state within three years, unless, at the
time of his so migrating, he was ablegto maintain himself.

30. When, on application of such person or family, an
overseer refuses either provisions or assistance, the court of
the county or corporation may direct the same.

31. On the complaint of an overseer for any county er
town, before a justice thereof, that any person is come into
such county or town who is likely to be chargeable thereto,
such justice may, by warrant, cause such person to be re-
moved to the county or town 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 county
or town wherein he is, and, after his recovery, shall be re-
moved.

32. The overseers of the county or town wherein such per-
son was last legally settled, shall, upon his being removed
thereto, provide for him, and repay all the charges incarred
for his maintenance, care, and removal; and if he die before
removal, they shall repay the charges for his burial aad
those incurred during his sickners. In case of their failure
to comply with this section, complaint may be made before
the county or corporation court in which there is sach fail-
ufe, and a summons may be awarded against them, upon the
return of which “executed,” the county or corporation court
may order repayment of the charges aforesaid, and compel
obedience to any such order by attachment or otherwise.

33. The council of a town may provide a prison house,
work house, and other buildings and improvements; employ
managers, physicians, nurses, and servants, and prescribe
regulations for the government of the several overscers, and
discipline for the said houses and the persons th: rein.

34. Every overseer shall prevent any person from going
about begging, or staying in any street or other place to beg;
and for failure so to do, after he has been notificd thereof,
shall pay a fine of ten dollars, to be recovered betore a jus-
tice of the peace of his district or town, upon motion, after
ten days’ noti@e to such overseer, one-half whereof shall go
to the informer and the other half to the eounty. Ev
such person shall immediately be taken up and conveyed to
the place of general reception for the poor of the town or
county in which he may be found, or if he has a legal settle-
ment in any other town or county in this state, he may be
proceeded against according to the provision hereinbefore
prescribed ; or when he has migrated from another state, and
1a8 no legal settlement in this, the overseer may cause him
to be removed to such other state. To carry into effect this
section, an Overseer may issue 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.

35. Every Porson to be provided for by the overseers of
the poor shall be sent to and kept at the place of general
reception 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: prowided, that in any county having no
place of general reception for its poor, persons requiring
assistance may be provided for by the overseer of the poor
of the district in which the pauper resides, by and with the
consent of the supervisor of such district and the superin-
tendent of the poor: and provided further, that in any
county it may be lawful for the overseer of the poor of any
district, by and with the written consent of the supervisor
of such district, to provide assistance for any person or
family who may be unable to support himself or family at
his place of residence, when it would be injudicious that
such person or family should be moved to the place of gene-
ral reception of the county. The expenses attending the
keeping of such poor outside of the place of general recep-
tion, shall be certified by the overseer granting such certifi-
cate to the board of supervisors, to be provided for in their
annual levy. .

36. In every town that has an overseer, the expense of
supporting the poor shall be provided for by the town council.

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

38. The duties of the overseers of the poor in relation to
destitute children, shall be the same within their respective
districts as now prescribed under chapter one hundred and
twenty-two of the Code.

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

40. The jurisdiction, powers, duties, liabilities, and com-
pensation of Justices of the peace, and constables, shall be the
same prescribed by the laws in force when the constitution
was adopted, so far as they are not in conflict with the said
constitution, or any law passed in pursuance thereof, and
such as may be hereafter prescribed by law; except that
constables shall qualify and execute bond in a penalty of
not Jess than two thousand dollars, in the same manner as
prescribed in this act for other district officers, and shall per-
torm all the duties required of constables, in relation to civil
process, by the laws in force on the first day of July, eigh-
teen bundred and seventy-two.

41. Vacancies oceurring in district, county, or corporation
offices, while not otherwise provided for by law, shall be filled
by the county or corporation court, or by the judge in vaca-
tion, and the person so appointed shall qualify and give bond,
as required by law, within thirty days after his appointment,
in court or before the judge in vacation, 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. When the qualification shall be before
the judge in vacation, he shall certify the same to the clerk
as a vacation order.

42. Chapter forty-seven, and the first section of chapter
forty-eight of the Code of cighteen hundred and seventy-
three, and all acts and parts of acts inconsistent with the
provisions of this act, be and the same are hereby repealed.

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