CHAP. 55.—An ACT to amend and re-enact sections 7, 10 and 11 of
chapter 181, Acts of 1874-5, approved March 20, 1875, to provide for
working and keeping in order the roads ef the commonwealth,

Approved April 1, 1879,

1. Be it enacted by the general assembly of Virginia, Phat
sections seven, ten and eleven of chapter one hundrea and
eighty-one, Acts of eighteen hundred and seventy-four and
seventy-five, approved March twentieth, eighteen hundred and
seventy -five, entitled an act to provide for working and keeping
in order the roads of the commonwealth, be amended and. re-
enacted so as to read as follows:

§ 7. But if any tenant or proprietor desire it, or if the court
see cause for so doing, it shall appoint five disinterested free-
holders of the county (any three of whom may act), for the
purpose of ascertaining a just compensation for the land to be
used for such road or landing. Said commissioners shall meet
on the lands ef such proprietors and tenants as may be named
in the order of court, at a certain place and day therein also
specified, of which notice shall be given by the sheriff to such
proprietors or tenants, their agents or attorneys, except only
Second. To examine the books of the commissioners of the
revenue; to fix the amount of county levies for the ensuing
year, from the information afforded by the above settlements ;
to order the levy on all 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 the
male persons over the age of twenty-one years, and for a cer-
tain per centum upon the amount of the state tax: provided,
however, that the capitation tax shall not exceed the sum of
fifty cents.

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

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
corporate property as now exists, or as may hereafter be ac-
quired, as they may deem expedient: provided that no sale of
such corporate property shall be made except by public auc-
tion, due notice of the time and place of which shall be given
by publication, for at least once a week for four successive
weeks, in some newspaper published in the county, if there be
one so published, and by hand-bill posted at the front door of
the court-house. If there be no newspaper published im the
county, the notice of the time and place of such sales shall be
given by hand-bills pested at the front door of the court-house,
and at each voting precinct of the county, for at least four
weeks prior to such sale; and all sales, exchanges, and pur-
chases of corporate property made by the board of supervisors,
shall be subject to the approval and ratification of the county
court: and provided further, that it shall not be lawful for the
judge of the county court, or for any supervisor of the county,
to be personally and pecuniarily interested, either directly or
indirectly, in any such sale, exchange or purchase of corporate
property made by the board of supervisors of such county. In
the event of any member of the board of supervisors or judge
being interested in the sale or purchase of the property, the
sald member or judge shall not act. But this section shall not
be so construed as to deprive the county judge of the power
to control the court-house, which shall be construed to mean
the court-room, jury-rooms, and clerk’s office of his county, or
counties, and to designate the manner and purposes for which
the same shall be used when the county judge resides in the
county.

Second. To examine, settle, and allow all accounts charge-
able against such county, and when so settled they may issue
county warrants therefor, as provided by law; but the board of
supervisors of any county shall not issue in any one year a
greater amount of county warrants than the amount of 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
expedient; and in case there are no public buildings, to pro-
vide suitable rooms for county purposes, and to fix the allow-
ances authorized by law to be paid out of the county levy to
the county officers.

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 July meeting, and is necessary under the circum-
stances,

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, and when necessary to employ counsel to assist the
attorney for the commonwealth in any suit against the county,
or in any matter affecting county property where the board is
of opinion that such counsel is needed.

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

$8. Whenever it shall be necessary for any county, city, over-
seers of the poor, district school trustees, or other public officers,
to purchase real estate, or acquire title to any property for pub-
lic uses, the contract therefor must be in writing, and the evi-
dence of title must be submitted to the county court, or to the
judge thereof in vacation, for confirmation and approval, which
confirmation or approval must be entered of record by the clerk
of the court. And no contract shall be valid until the title to
such real estate is thus approved or confirmed; and if said
court or judge refuse to confirm or approve the same, the disap-
proyal shall also be recorded. The supervisors of the county
or corporate authorities of any city or town, or any five citi-
zens, may by motion, appeal of right from the decision of the
county court, or judge thereof, to the circuit court, where the
appeal shall be tried without pleadings, and be decided on the
merits of the case.

§ 9. 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 or-
derly 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 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
compensation, to be ascertained by the board and paid out of
the county levy, not exceeding two dollars per day, or ten dol-
lars per annum. All 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 the majority of the supervisors present: provided, that in
any case in which there shall be a tie vote of the board of su-
pervisors 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 numher 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 ques-
tion; whereupon 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, shall be
as binding and valid, to all intents and purposes, as if the same
were determined, entered, or made upon the votes of all ora
majority of such board.

$10. They shall, at their first meeting after their election,
choose one of their number as chairman, who shall preside at
such meeting, and all other meetings during the year, if pres-
ent; but in case of his absence from any meeting, the mem-
bers present shall choose one of their number as teinporary
chairman.

$11. 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.

$12. 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 aciually 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 shal] 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 sach 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 npon
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 ina case involving the constitutionality or validity of an
ordinance or by-law of a corporation, the appeal may le taken
to the circuit court having jurisdiction over said county or cor-
poration.
§ 13. Nothing in the preceding section shall be construed to
prevent any such board from disallowing any account in whole or
in part when so rendered and verified, nor from requiring any
other or further evidence of the truth and propriety thereof as
they may think proper.

§ 14. When any claim of any person against a county shall be
disallowed in whole or in part by the board of supervisors, it
shall be the duty of the clerk of said board, if such person be
not present, to serve a written notice of such disallowance
upon said person, and such person may appeal from the de-
cision 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 se-
curity, 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 adjudged 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 acase 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 cor-
poration,

§ 15. No supervisor, superintendent of poor. or overseer of
poor shall become interested, either directly or indirectly, in
any contract or the profits of any contract made by or with
any officer, agent, commissioner, or person, acting by or on be-
balf of such supervisors, superintendents, or overseers of the
county, or of any district in said county, or in the sale or fur-
nishing of supplies or material to such county or district.
And no supervisor shall, except by descent or devise, marriage,
or being made a personal representative, committee of an in-
sane person or lunatic, or guardian, become interested, either
directly or indirectly, in any claim against his county, except
compensation allowed by law for his services as an officer,
whether the same shall have been passed upon by the board of
supervisors or not. For any violation of this section, the
amount embraced by any such contract, the value of any such
materials or supplies, and the amount of any such claim, shall
be forfeited to the county, and shall never be paid, or if paid
contrary to the provisions of this section, may he recovered in
the county or circuit court of the county upon motion on ten
days’ notice within two years from the time of payment; and
the person offending shall be deemed guilty of a misdemeanor.

$16. That the clerk of the board, upon any appeal being
taken, shall immediately give notice to the attorney of the com-
motwealtb, and shall make out a brief return of the proceed-
ings 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 a controversy concerning a will, and costs shall be awarded
thereupon in like manner: provided that the amount of said
claim shall not be below ten dollars: and provided further, 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.

. §17. 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 allow-
ance.

§ 18. 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 shall not
be so construed as to prevent the institution and maintenance
of an action by such claimant: provided further, that if any
judgment shail 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 snall be issued upon such
judgment except as herein provided; but the same, unless re-
versed, shall be provided for by the board of supervisors in the
next county levy; and the same shall be collected as other
county charges, and when so collected, shall be paid by the
county treasurer to the person to whom the same shall have
been adjudged upon the delivery of a proper voucher therefor ;
but if payment thereof be not made before the first day of July
next suceceding such levy, execution may be issued thereon by
the court in which said judgment was rendered, or by the judge
thereof in vacation.

$19. 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.

§ 20. 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 appropriste cases and other furniture, for the
safe and convenient keeping cf all the books, documents and
papers belonging to each of said offices; and also official seals
for each of said officers, where the same are required by law.

$21. The board of supervisors for each county shall cause
to be made out yearly, immediately after their meeting at which
the county levy is made, a statement showing the aggregate
amount of the receipts and aggregate amount of the expendi-
tures of the year nexf preceding; also, a statement showing
the aggregate amount allowed for the next succeeding year to
the officers of the county, and for incidental and necessary ex-
penses of the county, in form as follows:

To sheriff of the county, - - -
To clerk of the county court, - - -
To commonwealth’s attorney for the county, — -
To treasurer of the county, - -
To members of the board of supervisors, -
To registrars, - - . - -
To superintendent of poor-house, - -
To judges of elections, . . - .
‘To clerks of elections, - . - -
For building bridges, - - - -
For overseers of roads, - . . -
For damages in opening roads, - - -
For the support of the poor-house, - -
And an itemized statement for incidental expenses
of the county, not embraced by either of the fore-
cong items, - - - . - $

Cad

SDS BS DD ADD PS RS IY AS > > GD SS

A copy of such statement shall be posted at the front door.
of the court-house, and at each voting place in the county,
or published in one or more newspapers of the county, or ad--
joining county or city, as the board of supervisors may direct.

9 22. A special meeting of the county board of supervisors of
any county shail 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 mem-
bers 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
sheriff shall be allowed the sum of fifty cents for the service
of each summons, payable out of the county levy.

§ 23. Each member of the board of supervisors shall be allowed
and paid by the county, out of the county levy, aeompensation 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 actu-
ally attend, and five cents for each mile travelled 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 superyisor
shall be allowed to draw pay for more than ten days’ attendance
on the county board in any one year. The members of the
board of supervisors of the counties of Lee, Scott, Wise,
Buchanan, Floyd, 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.
§ 24. 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 pen-
alty of the bond of a supervisor be more.than twenty-five hun-
dred dollars. If any supervisor shall refuse or neglect to per-
form any of the duties which are or shail be required of him
by law as a member of the board of supervisors, or in any
other capacity, without just cause therefor, he shall, for each
offence, forfeit a sum of not less than twenty nor more than
one hundred dollars.

§ 25. The clerk of the county shall be ex-officio clerk of the
board of supervisors. Ile may appoint a deputy if necessary,
and such deputy, in case of the absence or disability of such
clerk, or in case of a vacancy in his office, shall perform all
the duties of such clerk during such absence, or until such
vacancy shall be filled, and every such clerk and his sureties
shall be responsible, under his official bond, for the acts of his
deputy.

$26. 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 cach supervisor on any ques-
tion submitted to the board, if required by any member pre-
sent.

Fourth. To sign all warrants issued by the beard 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 fur-
nish to the supervisors of their counties, on or before the day
on which the supervisors meet to make the county levy, copies
of all orders and allowances made by their respective courts
directing money to be paid out of the county treasury; and it
shall be the daty of the supervisors to make a levy for the pay-
ment of all such orders and allowances as the courts by law
may be authorized to, make.

§ 27. It shall be the duty of such clerk to designate upon
every account on which any sum shall be audited and allowed
by the board, the amount so audited and allowed, and the
chatges 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.

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

§ 29. Such clerk shall receive a reasonable compeusation 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 assimilated,
as far as practicable, to the fees and compensation allowed by
law to the clerk of the county court for like services: but pro-
vided further, that the compensation so allowed shall not exceed,
in any one year, the sum of thirty dollars.

30. The powers and duties of the overseers of the poor
shall be such as were preseribed by the laws in force when the
constitution was adopted, so far as the same were consistent
with this act, and such as are now or hereafter may be pre-
scribed by law. The pay and allowances for overseers of the
poor shall be two dollars per day while actually engaged, not
to exceed twenty dollars for each overseer for one year, and
the saine to be paid out of the county levy: provided that in
the county of Gloucester the compensation shall not excced
for each overseer, for one year, the sum of five dollars.

§ 31. On 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 Jegal settlement in a town or
county that has overseers, by one of the said overseers; but
such application shall be mace 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 net within such town or county, by the order of the
overseeer of the town or county wherein such settlement may
be. Buta person shalt not be deemed to have a legal settle-
ment in said town or county until he shall ase resided therein
for one year, and shall not be deemed to have a seitlement in
either, if he has migrated juto this state within three years,
unless, at the time of his so migrating, he was able to main-
tain himself,

§ 32. When on application of such person or family an over-
seer refuses either provisions or assistance the court of the
county or corporation may cirect the same.

§ 33. On the complaint of an overseer for any county or
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 removed
to the county or town whercin he was last legally settled, un-
Jess he be so sick or disabled that he cannot be removed with-
out 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 removed.
6 34. The overseer 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 incurred for
his maintenance, care and removal; and if he die before re-
moval they shall repay the charges for his burial and those in-
curred during his sickness. In case of their failure to comply
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 repay-
ment of the charges aforesaid, and compel obedience to any
sneh order by attachment or otherwise.

§ 35. The council of a town may provide a prison-house,
work-hoase and other buildings and improvements; employ
managers, physicians, nurses and servants, and prescribe re-
gulations for the goverument of the several overseers and dis-
cipline for the said houses and the persons therein.

§ 36. Every overseer shall prevent any person from going
about begging or staying in any street or other place to beg
and for failure so to do, after he has been notified thereof, shall
pay a fine of ten dollars, to be recovered hetore a justice of the
peace of his district or town, tpon motion, after ten days’
notice to such overseer, one-half whercof shall go to the in-
former and the other half to the county. Iovery 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 settlement in any other
town or county 1 this state, he may be proceeded against ac-
cording to the provisions hereinbefore prescribed ; or when he
has migrated from another state, and has no legal sttlement 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 nad
his legal settlement, and the compensation of said constable
for such service shall be fixed by the board of supervisors.

§ 37. Every person to be provided for by the overseers of the
poor shall be sent to and kept at the place of yveneral recep-
tion of the poor to be supported; and all persons kept at the
place of gencral reception who are able to work shall be made
to do so: provided that in any county having no place of gen-
eral 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 superintendent of the poor; and pro-
vided further, that In any county it may be lawful for the over-
seer of the poor of any district, by and with the written con-
sent of the supervisor of such district, to provide assistance
for any: person or family who may be unable to support him-
self or family at his place of residence, when it would be in-
judicious that such person or family shonld be moved to the
place of general reception of the county. The expenses at-
tending the keeping of such poor outside of the place of gen-
eral reception shall be certified by the overseer granting such
certificate to the board of supervisors, to be provided for in
their annual levy.

§ 38. In every town that has an overseer the expense of sup-
porting the poor shall be provided for by the town council.

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

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

9 41. Every overseer of the poor shall give bond in a penalty
of not less than five hundred dollars nor more than one thon-
sand dollars, to be determined by the court or judge before
whom he qualifies: provided that the penalty of said bond
shall in no ease be less than double the amount which will
probably pass through his hands as such overseer.

§ 42. The jurisdiction, powers, duties, liabilities and compen-
sation 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 consti-
tution. or any law passed in pursuance thereof, and such as
may be hereafter prescribed by iaw; except that constables
shall qualify and execute bond in a penalty of not less than
two thousand dollars, in the same manner as pres?ribed in this
act for other district officers, and shall perform all the duties
required of constables in relation to civil process by the laws
in force on the first day of July, eighteen hundred and seventy-
two.

$43. Vacancies occurring 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 im vacation,
and the person so appointed shall qualify and give bond as re-
quired by law within thirty days after his appointment, in court
or before the judge in vacation, and shall enter upon the dis-
charge of the duties of the office to which he has been ap-
pointed, and hold his office until his suecessor 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.

9 44. All acts and parts of acts inconsistent with the pro-
visions of this act be and the same are hereby repealed; but
nothing herein contained shall be construed as repealing any
part of an act entitled an act to provide for the control and in-
vestment of the Glebe fund in the county of Northampton, ap-
proved February twenty-second, eighteen hundred and seventy-
eight.

§ 45. This act shall be in force from its passage.