Chap. 383.—An ACT to amend and re-enact sections 791, 793, 796, 799, 801, S04,
and 810 of the Code of Virginia.

Approved December 10, 1903.

1. Be it enacted by the general assembly of Virginia, That sections
seven hundred and ninety-one, seven hundred and ninety-three, seven
hundred and ninety-six, seven hundred and ninety-nine, eight hundred
and one, eight hundred and four, and eight hundred and ten of the Code
of Virginia, be amended and re-enacted so as to read as follows:

§ 791. When notice, with proof of posting, to be produced to clerk.—
At least fifteen days before the election, there shall be produced to the
clerk of the circuit court of every such county, a copy of the notice, with
an affidavit that the same had been so posted in each of the counties from
which the new county is proposed to be formed, which affidavit shall be,
signed by the affiant and attested by a justice.

§ 793. Who entitled to vote; when another election not to be held, and
so forth—Any male citizen of the Commonwealth, twenty-one years of
age, residing within any of the counties from which the new county is
proposed to be formed, qualified to vote in the county of his residence
for members of the general assembly, may vote in the county in
which he resides, at any poll so opened; and the names of such of the
voters as reside within the metes and bounds of the proposed new county
shall be distinguished from the rest. Whenever the canvass of the polls
taken at any such election shows the aggregate vote to be in the ratio of
three against one for the new county, no other vote shall be taken in
said county or counties for the same purpose for a period of six years
from the date of the last vote so taken.

§ 796. Survey of boundary lines of new county; where reported and
recorded ; its effect as evidence; pay of surveyors.—The boundary lines
designated in the act creating any new county shall be run and marked
by the surveyor thereof and the surveyors of the counties out of which
the same may be formed. They shall make a report to the court of
each of the said counties, and also to the secretary of the Common-
wealth, of their proceedings, accompanied by a plat showing the courses
and distances, and the streams and other natural or artificial objects or
points referred to in the act, which report and plat shall be recorded in
the office of each of the said courts, and shall be conclusive evidence of
the true boundary lines. Each of said counties, whose surveyor may act,
shall allow him compensation therefor, which shall be chargeable on said
county.

§ 799. What to be done with cases pending in courts of old counties.—
The courts first mentioned in the preceding section may, after the time
of holding a court for the new county, continue to exercise jurisdic-
tion over all cases depending in the said courts at that time; or
the court wherein any case is so depending, of which a court of the new
county would have had jurisdiction if brought after the said time, may
remove such case to the circuit court of the new county.

§ 801. Disputed boundary lines between counties; how settled.—
Whenever a doubt shall exist or dispute arise as to the true bound-
ary line between any two counties in this State, it shall be law-
ful for the circuit courts of the respective counties whose boundary
is thus in doubt or dispute to appoint not less than three nor more
than five commissioners in each county, who shall be resident free-
holders of their respective counties (a majority of those appointed
for each county being necessary to act), to ascertain and establish
the true line. But the said commissioners, before proceeding to as-
certain such boundary, shall employ a competent surveyor and chain-
carriers to run the same, and, with the best evidence which they
oan procure. direct their surveyor to run and mark the same. I:
shall thereupon be the duty of the said surveyor to make two plats
of the course or courses and distances of the said line, and to noite
particularly such places of notoriety or objects of prominence through
or by which it passes, as in the opinion of a majority of the commis-
sioners will best designate the linc. And said surveyor shall deliver
the said plats to the commissioners, who shall return them to the
courts by which they were appointed, there to be recorded; and in all
controversies thereafter touching said line thesaid plats shall be taken
as conclusive evidence. The circuit court of each county shall make
a reasonable compensation to the commissioners of such counties re-
spectively, and to the surveyor and chain-carriers, to be paid out of the
county levies of the counties respectively.

§ 804. Rearrangement of districts —Upon the petition of fifty qualified
voters of a county asking for a rearrangement of all the magisterial
districts in said county, or for an increase or diminution in the number
thereof, or upon the petition of the like number of qualified voters in
the district, or districts, to be affected by the proposed change, asking
for a rearrangement of two or more contiguous magisterial districts in
a county, the circuit court of such county may, for good cause shown,
enter an order for the rearrangement of all the districts therein, or for an
increase or diminution in the number thereof, in the one case, or for the
rearrangement of two or more contiguous districts, in the other case:
provided, there shall not be in any one county less than three nor more
than eleven magisterial districts; but no such order shall be made unless
a copy of the petition shall have been previously posted thirty days at
the courthouse of such county, and at each voting place in any magisterial
district, or districts, to be affected by the proposed change.

$ 810.—Pay of commissioner, surveyor and clerk; of other expenses.—
The commissioners and surveyor employed under section eight hundred
and seven shall cach be allowed the sum of three dollars a day for the
time necessarily employed in the discharge of his duties, together with all
the necessary expenses incurred by him, to be paid by the county and
levied for upon certificates of the circuit court: and the clerk of the
court shall, for the dutics required of him under this chapter. be allowed
the same fecs as are allowed for recording deeds.

2. This act shall be in force on and after February first, nineteen hun-

dred and four.