Chap. 250.—An ACT to amend and re-enact an act entitled an act to amend and re-
enact an act approved March 7, 1900, entitled an act to provide for working
and keeping in repair the public roads and bridges of the county of Washington,
and to authorize the board of supervisors to borrow money by the issue of bonds,
and to build bridges and macadatnize the roads in said county, and to authorize
the qualified voters of said county to vote on the question, approved April 2,
1902.

Approved May 15, 1903.

1. Be it enacted by the general assembly of Virginia, That an act en-
titled an act to amend and ‘re-enact an act approved March seventh, nine-
teen hundred, entitled an act to provide for working and keeping in repair
the publie roads and bridges of the county of Washington, and to au-
thorize the board of supervisors to borrow money by the issue of bonds S,
and to build bridges and macadamize the roads in said county, and to au-
thorize the qualified voters of said county to vote on the question, ap-
proved April second, nineteen hundred and two, be amended and _ re-
enacted so as to read as follows

That the board of supervisors of Washington county be, and they are
hereby, constituted a road board for said county, which board shall take
charge of, and have worked and kept in repair, all public roads and
bridges heretofore and hereafter established in said county, and may
adept such regulations as may be necessary to secure the proper working
of the roads, or building and repair of the bridges, in said county, and
for that purpose purchase such tools, machinery, stock, wagons, carts, and
so forth, for said county, or any district therein, as they deem necessary,
or they may let to contract the construction or improvement of said roads
and bridges upon such terms as they deem proper, or may employ convict
labor thereon in the manner prescribed by law.

2. They shall annually levy, along with the county levy, a tax upon all
the propertv—real and personal—assessed for taxation in the several
magisterial districts of the county, which shall be applied to working and
keeping in repair the public roads and bridges in said districts, and the
compensation of the engineer and others provided for under the pro-
visions of this act. Such tax shall not be more than fifty eents on every
one hundred dollars’ valuation of such property. The said levy and other
levies made under this act shall be collected, accounted for, and paid out
on the warrant of the said board as if it were a county levy, except that
the levy for each magisterial district shall be kept separate by the county
treasurer: provided, that each supervisor may draw on his own warrant
onlv the funds of his magisterial district. as hereinafter provided. And
a different rate of taxation may be prescribed in the different magisterial
districts in said county. And the amount collected in each magisterial
district shall be expended in the distriet in which it has been collected.

3. Said board of supervisors shall appoint a competent engineer, who
shall he known as the “road engineer,’ whose duty it shall be to superin-
tend all roads in said county: and any application for a new road or
change in grade of an old road shall be made to the board of supervisors,
and if considered of public necessity, thev shall order the said engineer to
locate, or re-locate. as the case may be. the said road, and the said ,en-
ginecr, after having notice served upon the land owners through whose
property the proposed road may run, or upon their tenants in possession,
shal! proceed to execute said order, and if said engineer cannot agree with
sail land owners as to the amount of damages to be paid, said land
owners, or any of them, he shall designate and appoint three disinterested
resident freeholders, whose duty it shall be to promptly ascertain and re-
port to said engineer a just compensation for the land to be used for such
road, and the said engineer shall make his report at the next meeting of
suid board, showing the probable cost of construction, the damages al-
lowed. and anything else pertinent that inay be required by the said board :
provided, however, “that no new road shall be located at a steeper grade
than three and one-half degrees, and no road already established ‘shall
receive any of the public money after one year from the passage of this
act, unless it shall be regarded so as to conform to the same degree, unless
the engineer shall certify that it is impracticable to get the degree re-
quired by this act: provided, further, the degree shall not be changed on
the road known as the Abingdon and Russell turnpike read. The board

of Supe ‘visors may alter, reject, or confirm the report of the engineer.
And if the land owners through whose lands the road is proposed to be
ables or re-located, as the case may be, cannot agree with the engineer
is to the amount of damages, or any other matter affecting their interests,
thie ‘nany land owner who may feel aggrieved by the said report of the road
enzineer may make exceptions thereto before said board : >and if any land
owners feel aggrieved by the acts of the said board. he may have said re-
port. with the alterations, if any. returned by the board of supervisors to
the next term of the ciremt court of said county, where he may make ex-
ceptions thereto, and the said cirenit court shall consider said report as if
it were the report of the viewers contemplated in section nine hundred
and forty-nine of the Code of Virginia of eighteen hundred and eighty-
seven, except that no further notice to said land owners, or their tenants
In possession, shall be required: and all subsequent proceedings thereon
shall be under the general provisions of chapter forty-three of said Code,

except that when any road shall be ordered to be opened, made or altered,

located or re-located, the same shall be done by and under the supervision
of the county road engineer, as herein provided: provided. further, that
the judge of the circuit court shall. if he deems the said report of the road
eneineer insufficient im any particular, recommit the said report to the
said engineer for a more full and explicit report; and under proceeding
under this act in said court shall have precedence over all other civil cases
on the court docket, except unlawful detainer cases on said docket.

A road engineer shall hold his office for the term of lis appointment,
unless sooner removed by said board. The said engineer shall receive such
compensation for his services as said board shall allow.

The engineer shall make annual reports to the board of supervisors, or
oftener, as said board may direct, of the condition of the reads and bridges
in each magisterial district in said county, the progress of any new work,
the amount of money required to complete said work, anv change or
changes necessary in anv roads or bridges in the several magisterial dis-
tricts in the county, the probable cost of the same, and anything else
deemed pertinent by said beard,
Each supervisor shall have charge of the reads of his district, and
hal have power to appoint a sufficient number of foremen to take charge
f the hands in his district: said foreman shall be able to read and write,
ud shall make reports from time to time to the supervisor as he may
jireet. In case of a road or bridge being on the line dividing two magis-
erial districts, the road engineer and the supervisors of the adjoining
Wstricts shall divide the road between each district in such a w ay as will
ma - divide the expense of repairing said road.

If a bridge is to be built or repaired on the line, each district shall
se one-half of the expense of building or repairing said bridge. Each
supervisor shall receive for his services, to be paid out of the road fund of
his district. one dollar and fifty cents per day for each day actually em-.
peved in looking after the reads in his district: provided, he shall not
reeive more than one hundred dollars for the same in any one vear. The
foreman appointed under this act shall receive not Jess than one dollar nor
mere than two dollars per day for the time actually employed on their
roads: and all hands shall receive the usual price paid for similar work in
suid county. The supervisor of each district shall buy and keep in repair
ail the necessary tools for working and keeping in repair said roads in his
aistrict. In the event that expensive machinery is wanted, he may com-
bine with any or all other supervisors of the county in purchasing the
same. In case any foreman fails to keep his road in order, on the com-
plaint of any three tax-pavers of his district, he may be fined not more
than twenty dollars, if it can be shown that he has funds at his command
for repairing sald road. Said fine shall be recoverable before any justice
of the peace in said county. If any supervisor shall fail or refuse to keep
the roads in his district in repair, after being notified by the road board
to do so, and it can be shown that he has money at his command, he may
be fined not more than fifty dollars for each offense, said fine to he recov-
eralle before the circuit court of the county: and it is hereby made the
dutv of the prosecuting attorney to prosecute said supervisor for such
failure.

For the purpose of constructing and macadamizing roads and build-
ing new bridges in said county, the board of supervisors be, and they are
hereby. empowered to issue bonds in the name and on behalf of the county
of Washington, to be called “public improvements bonds,” for a sum not
exceeding two hundred thousand dollars, and to sell the bonds wnder such
conditions as are hereinafter prescribed, and with the proceeds of such
sale to build roads or bridges in the various districts of said county, ex-
pending in each district such proportion thereof as said board may deem
advisable: provided, that the board of supervisors shall not issue any
bonds or other evidences of debt provided for in this act in excess of one
hundred thousand dollars until it has ordered a special election for the
purpose, and submitted the question of issuing said bonds to the qualified
voters of Washington county. They shall fix the time for holding such
election, and cause notice thereof to be published at least four times in any
newspaper published in the county, and to be posted at each voting place
in the county at least one month before said eleetion, Said election no-
tices shall state the purposes for which said election is held.
S. Phe bonds issued in pursuance of this act shall be coupon bonds of
not less denomination than one hundred dollars nor more than one thou-
sand dollars each, payable in not more than forty vears from their date,
and bearing interest, payable annually, at a rate not exceeding six per
centum per annum; the said board having the right to redeem any of said
bonds after the expiration of ten vears. The said bonds shall be issued im
the name of Washington county, Virginia: shall be signed by the chair-
man of the board of supervisors of said county, attested by its clerk, and
shall have aflixed thereto the seal of said board.

9, The said board of supervisors is hereby empowered to make sale of
said bonds, but no bonds shall be sold for less than the par value thereof,
and the said bonds and coupons and interest thereon shall be redeemable
in Jawful money at maturity, and shall be receivable at maturity for all
taxes and other debts due the said county of Washington, except school
levies.

10. The form of said bonds and coupons shall be determined by the
said board of supervisors.

11. The said bonds and coupons issued under this act shall be redeem-
able at the office of the treasurer of Washington county, and when paid
by him, or received for taxes or other debts, shall be marked paid or can-
ballet

. The said board of supervisors shall create a sinking fund to be ap-
oliead to the redemption and payment of the bonds issued for the building
and improvement of roads in any or all of the districts of said county, and
shall annually, until such bonds are paid, pay over to the sinking fund
commissioners provided for in this act a sum sufficient to pay off said
poe in forty vears.

3. Three substantial citizens and tax-pavers of v ashington county, to
be designated by the board of supervisors, are hereby appointed a board of
sinking fund commissioners, who shall give bond to said board, to be ap-
proved by them in double the amount of money likely to come into their
hands for the faithful performance of their duty: and it shall be the duty
of said commissioners to receive said sinking fund and loan or invest the
same in road bonds of the county, keeping a separate account of the funds
received from and disbursed for each district; they shall receive for their
services one per centum of all money so received and loaned or paid out.
Should either of said sinking fund commissioners fail or refuse to qualify,
or after qualifying resign or die, then said vacaney shall be filled by the
board of supervisors.

14. Tt shall be the duty of the officers charged with conducting elec-
tions in Washington county to hold an clection when so directed by the
judge of the cireuit court ‘of said county, which judge shall, upon the
passage of a resolution by the board of supervisors requesting him so to
do, order an election, in accordance with the provisions of this act, for the
purpose of taking the sense of the qualified voters of said county upon the

vestion of issuing the bonds authorized by this act. Said election shall
be by ballot. and be conducted as other elections are conducted. Upon
each ballot shall be printed the words “for bonds” and “against bonds.”
Each voter shall be handed a ballot at the voting place, and he shall ex-
[res his choice by scratching from the ballot the words “for bonds,” if he
vsires to vote against the issue; “against bonds,” if he desires to vote for
tae Issue.

15. The judges of each election precinct shall ascertain the will of the
opie by counting the ballots, and shall certify the result to the judge of
wwe @ireuit court in the manner and form of other elections.

15. The commissioners of clection shall canvass the returns within
wn davs after the election, and declare the result.

17. The bonds provided for in section seven of this act shall be is-
sued, if a majority of those voting at such election shall vote for the
‘ssuance of the same: provided, a majority of the legalized voters of said
wenty vote at such election. But should a majority of the ballots be
(ast against said issue, then the question shall not within twelve months
i» avain submitted to the vote of the people.

Is. It shall be lawful for the board of supervisors to build bridges
waerever the public necessity may demand. Upon the recommenda-
tien of the supervisors of two adjoining districts, when they shall de-
trmine to build a bridge on the line between said districts, or upon
the recommendation of the supervisor of a district when he shall de
ede to build a bridge in his own district, the board of supervisors may,
by and with the advice of the county engineer, locate said bridge, and
require said engineer to make a report to. them, giving plans and speei-
feations, and the probable cost of such bridge: and said board may
lav a local levy on said district or districts to pay for the building of
said bridge, and the district in which any bridge is built shall bear the
winle expense of such bridge, or if built hetween two districts, they
shall bear each one-half of the said expense, and the board of super-
visors may issue certificates for the whole amount of said expense; pay-
able in one, two, three, four, and five vears, bearing interest at the rate
of six per centum per annum, and the said certificates shall state upon
their face for what bridge they are issued, and out of what district levy
they shall be paid, and the terms of their pavment.

19, The said board is hereby empowered, without submitting the ques-
tion of a bond issue to the voters of said county or any district therein,
to issue bonds of said county for such an amount as they deem neces-
sary, not in excess of one hundred thousand dollars, for the purpose of
constructing, macadamizing or improving the roads in said county,
anv district or districts therein: provided, that from the money ob.
tained under the provisions of this section, not more than twenty-five
thousand dollars shall be expended in any one district of said county.

Said board may levy a tax in such district or districts wherein said
Improvements are made, in addition to the regular county levy, for
an amount sufficient to pav the interest on and provide a sinking fund
for the amount or amounts so.expended in said district or districts:
provided, said tax shall not be more than fifty cents on every one hun-
dred dollars’ valuation of property—real and personal—in said district
or districts.

20. It shall be the duty of the judge of the circuit court of said
county, before authorizing an election on the question of a hond issue,

rt omy
and before any bonds are issued by the board of supervisors under see-
tion nineteen of this act, to appoint two resident freeholders in each
magisterial district, wherein said Improvements are contemplated, who,
together with the supervisor from that district, shall be known as the
“(istrict road commission,” any two of whom shall constitute a quorum,
of which the supervisor from that district shall be ex-officio chairman.
It shall be the duty of said district road commission to determine
upon and recommend to the board of supervisors what improvements
are most needed in its district, and to see that the money set apart by
the board for improvements in that district is properly and judiciously
expended, to the end that the public interest may be fully protected.
Said district road commission shall report annually, or oftener, if re-
quired, to the supervisors showing an itemized account of the expendi-
ture of said fund. <All moneys realized from the sale of bonds issued
under the provisions of this act shal] be received by the treasurer of said
county and shall be drawn out of his hands for improvements in the
various districts, on warrants ordered to be issued by the board of super-
Visors, upon the recommendations of the district road commission of
said respective districts, said warrants to be signed by the chairman of
said hoard and countersigned by the chairman ‘of the district road com-
mission of the district wherein said improvements have been made.

21. The board of supervisors shall cause to be kept an itemized ac-
count of all work done and money expended in road improvements,
with the funds received from bonds issued under this act, which shall
be recorded by the clerk of the board of supervisors in a book to be
kept for the purpose and published in the same manner provided by
law for the publication of other expenditures.

22. The board of supervisors shall devise a svstem of book-keeping
in order to carry out the intention of this act, and require by order the
clerk of said board to keep said hooks as directed, and they shall pre-
scribe the method by which the treasurer shall keep his hooks with
reference to the county and district road levy, and the collection of the
county and district road tax, and require said treasurer to follow said
plans, and if the treasurer or clerk of the board of supervisors shall fail
or refuse to so carry out the order of the board of supervisors, thev
shall be fined for cach offense not less than twenty-five dollars nor more
than fifty dollars, said fine to be recoverable by motion after reason-
able notice in the circuit court of said county.

23. Tt is further provided that the hoard of supervisors may let to
contract, if they think proper, the building of any of the bridges across
the said stream, or the macadamizing or keeping In repair of the roads
provided for in this act, to the lowest responsible bidder, and have the
power to reject any and all bids.

24. Specifications: for said work shall be drawn by the read engineers
and the work carried on under his supervision: provided, that no super-
Visor, road engineer, or foreman shall be personally interested, either
directly or indirectly, In any contract for the building a any bridge,
or the making or alte ring of any road,
25. This act shall be hberally construed, to the end that its pur-
ees may be fully carried out.

26. ALl acts or parts of acts in conflict with this act are hereby re-
mealed.

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