Chap. 405.—An ACT to amend and re-enact an act approved December 8, 1902,
entitled an act to authorize, empower, and direct the board of supervisors of
Clarke county to build, construct, and maintain a toll-bridge at or near Castle-
man’s Ferry, in said county, and to build, construct, and maintain a toll-bridge
at or near Berry’s Ferry, in said county of Clarke, over the Shenandoah river;
to issue county bonds to the extent of forty thousand dollars, for the purpose
of raising money for the construction of said bridges; to receive any subserip-
tions that may be made for said purpose; to provide for the collection, custody,
and application of said tolls; and to validate an clection held in the county
of Clarke, November 4, 1902, approving an issue of the bonds of said county,
to the amount of forty thousand dollars for the purpose of constructing the
said toll-bridges,” so as to provide for the payment of the land damages and ap-
proaches out of the annual levy.

Approved December 10, 1903.

Whereas, an act was passed by the general assembly of Virginia au-
thorizing the board of supervisors of Clarke county to build, construct,
and maintain two bridges over the Shenandoah river in Clarke county,
and to submit to the qualified voters of said county at some general elec-
tion the question of issuing the bonds of the county in a sum not exceed-
ing forty thousand dollars for the purpose of constructing the same; and,

Whereas, the following form of ticket was adopted by the electoral
board of said county for use by the voters at a geveral election held on the
fourth of November, nineteen hundred and two, to-wit:

“For issuing bonds for toll bridges.

For issuing bonds for free bridges. :

Against issuing bonds”: and,

Whereas, a majority of said clectors voted at said general election in
said county in favor of issuing such bonds for the construction of toll
bridges at the places mentioned in said act; now, therefore,

1. Be it enacted by the gencral assembly of Virginia, That the-action
of the board of supervisors in submitting said question to the qualified
voters residing in said county, the form of such submission, and the result
thereof, are hereby made as valid, binding, and legal as if the same had
been authorized by said act of March twenty-fifth, ninctcen hundred and
two. That the board of supervisors of the county of Clarke be, and the
same are hereby, authorized, empowered, and directed to cause to be built
and constructed two suitable bridges, with the neccessary approaches
thereto, across the Shenandoah river, one of them to be located at or near
Castleman’s ferry, and the other to he located at or near Berry’s ferry, in
said county of Clarke: provided, the cost of the same to the taxpayers of
the said county does not exceed the sum of forty thousand dollars, exclu-
sive of the cost of the approaches thercto.

2. That the said board of supervisors are authorized to condemn, pur-
chase, or acquire by gift to the county, any rights and sites necessary
therefor, on either side of said river, in the manner provided for by law,
the expense of acquiring the land to be paid out of the general levy.

3. That the said board of supervisors are authorized, empowered, and
directed to borrow from time to time a sum or sums of money not ¢x-
ceeding in the whole the sum of forty thousand dollars, to be expended
in the erection and construction of said bridges in said county, and io
issue bonds of said county for the loan therefor. The bonds shall be
either registered or coupon, in denominations of one hundred dollars
each, or multiples thereof, in such form as said hoard may preseribe:
shall be signed by the chairman of said board, and countersigned by the
clerk thereof; shall bear interest at a rate not exceeding six per centum
per annum, payable annually or semi-annually at the otties ot the treas-
urer of said county, and shall be pavable not exceeding twenty years atter
date at said office, and may in the discretion of said board, be redeemable
within that period, and at such time or times as said board may pre-
scribe. The said bonds, though of the same issue, may be made payable
at different times, so that the same may mature and become due and
payable at different and varying periods; but no bonds issued under this
act shall be sold or negotiated at less than par.

4, The said board is hereby given full power to construct the said
bridges, with reference to the subjects mentioned in the foregoing sec-
tions, in such manner as may scem besi to them for the public interest,
and to carry into effect the provisions and purposes of this act.

5. The said board is hereby authorized, empowered, and directed to re-
ceive all subscriptions that may be offered to aid in the construction and
building of either or both of said bridges, the said subscriptions to be
received and considered as a gift to said county, and when said board
sball have ascertained that the cost to the taxpayers af said county of
constructing said bridges, exclusive of necessary approaches, will not ex-
ceed the sum of forty thousand dollars, it shall proceed to construct them,
and if it shall appear that the cost to the taxpayers of constructing said
bridges will exceed the sum of forty thousand dollars, but that the sums
subscribed from private sources for the construction of any one of them,
together with its ratable share of said sum of forty thousand dollars, are
sufficient in amount for its construction, then it will be the duty of the
board to construct such bridge, the ratable share of such forty thousand
dollars so applicable to be the portion that is to the whole of said sum,
as the cost of building said bridge is to the aggregate ascertained cost of
building both bridges.

6. The said board of supervisors are authorized, empowered, and di-
rected to secure suitable plans and specifications for said bridges, either
by employment of skilled engineers, or from contracting and construction
companies, and to make such provisions for their payment as may be
necessary in making up the annual county levy, and the said board shall
annually include in the county levy, upon the property and lawful sub-
jects of taxation in the said county as a part of the county levy, a sum and
tax sufficient to pay any deficit in the annual interest on said bonds not
realized from the tolls herein provided for, and in such manner as the
said board deems best, create a sinking fund to pay off the said bonds,
at or before maturity.

%. The title to said bridges and all rights pertaining to same shall be
in the county of Clarke, and the said bridges shall be, and remain, the
property of the said county of Clarke.

8. The said board of supervisors are hereby authorized to levy toll on
all persons, animals, and vehicles, the latter, whether they are propelled
by electricity, steam, or otherwise, the maximum rate so fixed by them
not to exceed the present maximum rates of ferriage charged at Berry’s
or Castleman’s ferries. They shall have power to employ one or morc
bridge-keepers, who shall make monthly settlements with the said board
of supervisors of the tolls collected by them, and who shall give bonds,
conditioned according to law, for the faithful discharge of their duties.
The said board of supervisors shall fix the compensation of said bridge-
keepers at a sum not to exceed five hundred dollars per annum for each
bridge. ,

9. The county treasurer shall keep a distinct account of funds ac-
quired from tolls collected at said bridges in a book provided for that
purpose, and shall, on the order of said board of supervisors, pay out of said
funds the salaries of said bridge-keepers, the cost of keeping said bridges
in repair, the interest of the bonds issued on the authority of this act,
and the balance he shall devote to a sinking fund for the purpose of re-
tiring said bonds at or before maturity.

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