Chap. 250.—An ACT to create Barton district,in Brookland magisterial district,
in the county of Henricu, and to provide for the opening, improving, grading,
paving and maintaining of roads, streets, alleys and sidewalks in said Barton
district, and for making and maintaining other improvements of a public
nature therein.

Approved February 12, 1804.

1. Be it enacted by the general assembly of Virginia, That all of
that territory in Brookland magisterial district, in the county of
Henrico, lying adjacent to the corporate limits of the city of -Rich-
mond, within the metes and bounds following, to-wit: Beginning at
a point on the corporation line of the city of Richmond, where
Saint James street intersects Bacon quarter branch; thence west-
wardly up said creek to Houseling’s or Griffin’s branch; thence
northwardly up said branch to its intersection with the west line of
Allen street, in Duvall’s addition; thence north to the intersectior
of said west line of Allen street with the north line of Wickham
street; thence northwardly in a straight line to the southwest cor.
ner of Rogers street and Griffin avenue, in Barton and Lamb’s Brook.
land park ; thence with the west line of Griffin avenue and the produc.
tion thereof to the northern line of Barton and Lamb’s Brooklanc
park ; thence eastwardly and northwardly along the boundary line o:
Barton and Lamb’s Brookland park to North avenue; thence southeast
across North avenue to the northwest corner of Barton and Four-
qurean’s North avenue subdivision; thence southeastwardly along
north line of Barton and Fourquerean’s North avenue subdivision
and the south line of P. R. Carrington’s land to the west of the Hen-
rico turnpike; thence southwardly along the west line of said turn-
pike to its intersection with the Meadowbridge road; thence west-
wardly along the north line of said Meadowbridge road to Bacon
quarter branch; thence westwardly up said branch to the point of
beginning, shall be known as Barton district, which district is hére-
by created for the more convenient, economical and expeditious
opening, improving, grading, paving and maintenance of roads,
streets, alleys and sidewalks in said district and for the making and
maintaining other improvements and conveniences of a public
nature.

2. Upon the written application of any ten or more property-own-
ers residing in said Barton district, which written application shall
state particularly the improvements desired, their nature and proba-
ble cost and the limits of the territory in which it is proposed to
make the same, it shall be the duty of the board of supervisors of
Henrico county to determine whether such improvements shall be
made in said district, in what part thereof, when the same shall be
commenced and in what time completed, and it shall likewise be their
duty to fix the maximum cost of same and ascertain and assess a tax
upon the property-owners of such district, so that in no event shall such
tax in any one year exceed one-half of one per centum of the assessed
value of the property therein as ascertained by the assessment thereof
for purposes of taxation by the state: and the board of supervisors
may direct that such improvements may be made within specified
limits, and to that end divide said district into sub-districts, fixing
the boundaries of such sub-districts with reference to the improve-
ments proposed therein, and designating the same as district number
one, district number two, and so forth, of Barton district: provided
that no improvement may be ordered by the board of supervisors
unless the said application is signed by the owners of two-thirds in
value of the property within the district to be improved: and pro-
vided further, that no owner of property within said Barton district
shall] be taxed for any improvements in any sub-district other than
that in which such property is situated. The same territory may be
included in more than one sub-district for different purposes.

3. Upon the filing of such application the board of supervisors
shall fix a day, not longer than thirty days thereafter, for any one or
more of the property-owners who are to be affected by such proposed
Improvement to show cause against the same, and shall cause to be
published for three consecutive days in some newspaper published
in the city of Richmond, the first insertion to be at least five days
before the day set for such cause to be shown, and shall also post at
the voting place in said Barton district, a notice to the following
effect, to-wit:
To the property-owners of Barton district in Henrice county :

Take notice that and others to the number of have ap-
plied to the board of supervisors of the county of Henrico to cause
to be made, in the mode prescribed by law, certain improvements in
said Barton district, and that the said board have fixed on the
day of eighteen hundred and ninety , sitting at the court
house of said county to determine upon the propriety of making
such improvements, and of levying a sufficient tax on the property-
owners in said district to pay for the same, at which time and place
you are required to attend and contest the making of such improve-
ments and the levying of such tax, should you so desire.

Done by order of the board this day of .

, clerk.

4. Any one or more property-owners in the district in which it-is
proposed to make such improvements may appear before said board
and contest the propriety of making the proposed improvements,
and any person that feels himself aggrieved by the determination of
said board may appeal therefrom to the county court of Henrico
in the mode prescribed for appeals from the board of supervisors
by section eight hundred and thirty-eight of code of eighteen hun-
dred and eighty-seven, and it shall be the duty of the said county
court to take cognizance of such appeal and render judgment therein,
either allirming or reversing the judgment of said board, which
judgment shall be certified to said board, and shall be final and con-
clusive in the premises: provided that no appeal shall be from the
determination of said board of supervisors unless notice thereof be
served on the opposite parties within ten days from the determina-
tion of said board.

5. If it be determined by the said hoard that the proposed im-
provement, or a part thereof, can be made with propriety, it shal] be
the duty of the said board of supervisors to ascertain particularly
the nature and extent thereof and enter of record when the same 18
to be commenced and in what time completed, and fix the maximum
cost of the same and the rate of tax necessary to defray such cost,
so that 1t shall not exceed one-half of one per centum on the as-
sessed value of property for any one year, and thereupon it shall be
the duty of said board to appoint three discreet persons residing in
the district in which it is determined to make such improvement,
who shall be known as improvement commissioners for Barton
district, or fot district number one of Barton district, and so forth,
as the case may be. And said commissioners, being first duly sworn
faithfully and impartially to discharge their duties under this act,
shall organize by electing one of their number as chairman and one
as secretary; any two of their number shall constitute a quorum for
the transaction of business, and they shall keep a record of their
proceedings.

6. It shall be the duty of the said commissioners to fix plans and
specifications for the proper and economical execution of al] im-
provements ordered by the board of supervisors as hereinbefore pro-
vided, and, after such advertisement as to them may seem desirable,
to let to contract to the lowest bidder, either at public outcry or by
sealed proposals, as they may deem best, such work of improvement,
taking from the contractor bond payable to the said board of super-
visors in double the penalty of the price agreed to be paid for such
work, and with approved personal security, conditioned for the faith-
ful performance of their work in accordance with the plans and
specifications fixed by said commissioners. And thereupon the said
commissioners shall make a detailed report of these proceedings to
the said board of supervisors and return therewith a copy of such
plans and specifications and all bonds taken from the contractors,
and such report shall also state the name of each property-owner
who should be assessed with a tax necessary to pay the cost of the
nnproy ement contracted for by said commissioners.

. It shall be the duty of the clerk of the county court of Hen-
rico county to have prepared a well-bound and suitable book, to be
known as the tax-book of Barton district, and immediately upon the
return to his office by the commissioner of the revenue of the land
and property books of the county of Henrico in any year, the said
clerk shall enter in such book so to be provided, opposite the name
of each property-owner in said Barton district, the aggregate value
of property, real and personal, with which each person appears to
be charged upon the said land and property books of the county,
showing in separate columns the real estate and the personal prop-
erty, so that the tax to be assessed for improvement purposes may
be separately assessed on each, arranging alphabetically the names
of the property-owners in each sub-district of said Barton district
to pay the expense of such improvements, the sub-district or sub-
districts in which such tax is be levied and the persons upon whom
such tax shall be levied, and said board of supervisors shall there-
upon order the clerk of the said board to extend upon the tax-book
of said Barton district such tax opposite the name of each property-
owner, and thereupon the said clerk shall certify a copy of such
assessment to the treasurer of Henrico county, who shall forthwith,
upon the receipt of such copy, make out tax-bills against each prop-
erty-owner and proceed to collect the same at the time, in the mode
and by the remedies prescribed by law for the collection of taxes due
the commonwealth; but no tax shall be levied in one sub-district for
improvements ordered to be made in another sub-district. And as
to any real estate assessed with such tax, the same shall be a lien
thereon in the same manner and to the same extent that taxes
aseessed for state purposes are a lien.

It shall be the duty of said treasurer to keep the money col-
lected froin such property to the credit of Barton district, and sepa-
rate from all other funds in his hands, and he shall quarterly lay
before the board of supervisors a statement showing the amount in
his hands to the credit of each sub-district, and also the amount of
such taxes remaining uncollected and from whom due.

9. Any person entitled to be paid for work performed, or mate-
rials for the same furnished in connection with any contract, may
obtain from the said commissioners a certificate to the board of su-
pervisors showing the amount to which such person is entitled, and
on what account the same is to be paid, and from what particular
fund the same should be paid, and upon the presentation of such
certificate to the board of supervisors it shall be approved and cer-
tified to the treasurer for payment, who shall upon the presentation
thereof pay the same, provided there be funds sufficient in his hands
to make such payment from the fund to the credit of the sub-dis-
trict in which the improvements are made, but should there not be
in his hands sufficient money to pay such certificate when pre-
sented, he shall register the same, and shall as soon as possible pay
the same in order of presentation.

10. The board of supervisors shall be authorized to make such
allowances to the public officers charged with any duty under this
act as they deem reasonable and just, to be paid on the warrant of
the board out of the money to the credit of Barton district, but in
no case shall such allowance exceed the compensation allowed by
law for similar services performed for the county: provided, how-
ever, that no compenration shall be allowed the improvement com-
missioners acting under this law, but it shall be the duty of the
hoard to allow them all necessary expenses incurred in the dis-
charge of their duties, to be paid on the warrant of said board.

11. It shall be the duty of the said board of supervisors to in-
stitute and prosecute suit on any bond given them for the faithful
discharge of any contract made under this act, where there has
been a violation of the condition of such bond, and the said hoard is
hereby authorized todirect the commonwealths’ attorney for Henrico
county to enter suit for the recovery of any money due upon such
bond, and all money recovered on the same shall be received by the
treasurer of Ifenrico county and be placed to the credit of the par-
ticular district to which it belongs, and the treasurer and his sureties
on his official bond shall be liable for the faithful payment of such
money so received, as well as for all other money received by him
under the provisions of this act. And upon the expiration of his
term of office, or upon otherwise ceasing to be in office as treasurer.
he shall pay all money in his hands to the creditof Barton district te
his successor in office, and should he fail or refuse to doso, the said
board of supervisors may prosecute suit on his official bond fo:
recovery thereof.

12. If in the construction of sidewalks or other improvements
any owner of property in the sub-district shall be found to have
made such improvements upon his own property, or on the streets o1
alleys adjacent thereto, so that the same may be profitably made ¢«
part of the general improvements of the kind in the district, the
improvement commissioners shall, upon the application of such per.
son, appraise the value of such improvements, and shall issue him ¢
certificate stating the facts in the case, which shall be a set off pre
tanto against the assessment upon his property for improvements o:
alike kind, which certificate shall be received by the treasurer ir
lieu of money for the amount named therein In case such owner is
not satisfied with the amount allowed by said commissioners, thev
shall submit the matter in dispute to arbitration, whose award shal.
be final and conclusive.
13. The treasurer shall pay out no moneys in his hands to the
credit of said Barton district except upon warrants drawn by the
board of supervisors and signed by the chairman of the board and
attested by the clerk thereof. Each warrant shall state on its face
to whom the same is issued, the amount to be paid and the purpose
for which the payment is made; and all warrants shall be dated
and numbered consecutively; and it shall be the duty of the clerk
of the said board to provide a separate warrant book, with suitable
stubs, descriptive of the warrant detached therefrom, from which all
warrants issued by virtue of this act shall be taken, which book
shall be labelled Barton district warrant book.

14. If any assessment shall prove insufficient to complete the
Improvement for which the same was made, and there be no other
funds to the credit of Barton district from which the same may be
properly paid, the said board of supervisors shall make another
assessment on the property previously assessed, of a sum sufficient
to pay for such improvement: provided, however, that in no case
shall the assessments during any year exceed one-half of one per
centum of the assessed value of the property of any sub-district, as
hereinbefore provided: and provided further, that no one improve-
ment shall be undertaken, the cost of which shall exceed ten per
centum of the assessed value of the property of the said district or
any sub-district.

15. It shall be lawful for the said board of supervisors, when so
requested by the improvement commissioners, to borrow not exceed-
ing ninety per centum of any assessment made by them under this
act, at arate of interest not exceeding six per centum per annum,
and issue for such loan or loans a warrant for the sum or sums 80
borrowed and the interest to accrue thereon, payable at such time as
shall be agreed upon, which warrant shall be paid by the treasurer,
when due, out of any funds in his hands to the credit of the particu-
lar district. And if for any cause said warrant, or any part thereof,
is not paid when due, the said board of supervisors shall allow the
holder of such warrant interest thereon, or on such part as remains
unpaid, until the same is paid.

16. No liability shall attach to any person by reason of discharg-
ing any duty as commissioner under this act, unless it appear that
such commissioner acted with a corrupt or malicious motive. And
no injunction shall issue from any judge or court of this common:
wealth restraining the execution of any work of improvement di-
rected under this act; but any party aggrieved by any assessment
against his property may apply to the county court of Henrico to
have the same corrected, the proceedings to be in pursuance of sec-
tions five hundred and sixty-seven and five hundred and sixty-eight
of the code of eighteen hundred and eighty-seven, five days’ notice
being first given to the improvement commissioners of such pro-
ceedings.

17. Any commissioner appointed under this act shall have power
to employ surveyors, architects, engineers, mechanics, laborers or
other agents, and to agree with them as to their compensation, sub-
ject to the approval of the said board of supervisors, and such com-
276 ACTS OF ASSEMBLY.

missioners, or their agents under their direction, shall have the
power to enter upon any real estate located in Barton district for
the purpose of making the improvements contemplated by this act.
and all damages sustained by any owner of such real estate shall be
reported to the board of supervisors by the improvement commis.
sioners, and by the said board allowed and paid out of any money
to the credit of the particular district improved; but if any person
to whom damages are so a!lowed is dissatisfied with such allowance
he may take an appeal to the county court of Henrico county and
have such damages determined by said court, and the judgment of
said court shall be final and conclusive of the amount of such dam.
ages.

18. It shall be lawful for corporations, guardians, trustees or per-
sonal representatives owning or controlling property in Barton dis-
trict to sign applications for improvements proposed under this act.

19. The commissioners of any sub-district shall have power under
the provisions of this act; and subject to its restrictions, to contract,
subject to the ratification of the board of supervisors, with the com-
missioners of any other sub-district, or with private individuals, for
supplying them with water or other conveniences, and to apply the
amounts collected to the construction or maintenance of the im-
provements for which the amounts are collected. The said board of
supervisors, for the purposes of securin glocation for works of im-
provement, may exercise all the powers vested in the said board of
supervisors for acquiring real estate for county purposes.

20. Any and all debts contracted or created under this act and re-
maining outstanding shall be assumed and paid by any municipal
corporation that may hereafter include or be included in the terri-
torial limits of said Barton district, or any part thereof.

21. The board of supervisors, in their discretion, may from time
to time remove any improvement commissioner and appoint another
in his place, or where any vacancy from any cause occurs, fill such
vacancy, but otherwise said improvement commissioners, when once
appointed for the making of improvements, shal! continue to serve
until such improvement be completed, but no longer: provided that
in no case shall they continue to serve longer than two years. But
the same persons may be appointed in connection with more than
one improvement at the same or different times, and the same per-
sons may be reappointed at the expiration of the two years.

22. If the board of supervisors of Henrico county, or any off-
cer charged with any duty under this act, fail or retuse to carry
out the provisions of this act, or to discharge any duty imposed
hereby, the performance of the same may be compelled by writ of
mandamus by any court of this commonwealth having jurisdiction
of such writs on the application of any five or more property-owners
in said Barton district.

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