Chap. 191.—An ACT to provide for the improvement of public roads in Char-
lotte county, to authorize the issuance of county bonds for the purpose and
to apportion the proceeds of said bonds among the several magisterial dis-
tricts and to provide for the authorization of the issue of bonds by an election.

Approved March 12, 1908.

1. Be it enacted by the general assembly of Virginia, That on the
application of the board of supervisors of Charlotte county, or on the
petition of one hundred or more of the qualified voters of said county,
who shall be freeholders of said county, the circuit court of said county
shall order a vote to be taken of the qualified voters of said county, at
a special election to be held on a day to be named in the order of the
court, which may be the same day that some general election is held, to
determine whether or not the county shall issue and sell its bonds “for
the purpose of improving its public roads in the manner and under the
conditions hereinafter named.

The amount of bond issue shall be specified in the order of the court
and shall not be more than two hundred thousand dollars nor less than
fifty thousand dollars, provided, however, that such order shall not be
entered by said court until and except it shall be made to appear to the
court that notice of the application to the court for such order has been
published gt least once a week for four successive weeks in some news-
paper published in Charlotte county, or if there is no newspaper pub-
lished in the county, then by posting such notices at the front door of
the court house for four weeks.

2. The ballots to be used at such election shall be prepared and dis-
tributed by. the electoral board as ballots are prepared and distributed
by them for general elections and shall have printed on them “for issue
of bonds for road improvements,” and “against issue of bonds for road
improvement,” in separate lines and the voter shall prepare his ballot
in accordance with the provisions of the general law. On said ballots
shall be printed the names of candidates for road commissioners for the
several magisterial districts, as hereinafter provided for.

3. Such election shall be held by the regular election officers of the
county and if held on the day of a general election the ballots shall be
deposited in separate boxes to be provided by the electoral board of the
county, and the votes shall be counted and certified by the judges of
election, returned to the county clerk, and canvassed by the commis-
sioners of election in the manner prescribed by law for general elec-
tions, and the result of said election, as determined by the commissioners
of election shall be certified by the county clerk to circuit court and the
ballots and poll books shall be held by said clerk subject to the order and
inspection of said court.

4. The qualified voters at any special election held under this act,
until otherwise provided by general law, shall be those qualified to vote
at the preceding general election, except those who by commission of
crime or removal from the district or county have disqualified them-
selves to vote.

5. If, from the certificate of the county clerk of the result of said
election as determined by the commissioners of election, or from an
inspection of the ballots and poll books, the said circuit court shall be
of opinion that a majority of the votes cast at such election was for
issue of bonds for road improvement, the said court shall enter an order
to that effect and shall direct the board of supervisors to issue and sell
the bonds of the county in accordance with the provisions of this act.

6. At said election there shall be chosen by the qualified voters of
each magisterial district, two road commissioners, whose duties and
compensation shall be such as are hereinafter prescribed. Candidates
for the office of road commissioner shall give notice to the county clerk
in the manner prescribed by the general law for candidates for county
and district officers and their names in a like manner certified by said
clerk to the electoral board.

%. When the circuit court shall have entered its order as provided
for in section five of this act, the board of supervisors shall proceed to
issue and sell the bonds of the county for the amount specified by the
court in its order for ssid election. Said bonds may be either registered
or coupon bonds, in such form and denomination as the board of super-
visors may determine on, shall bear interest at a rate not exceeding five
per centum per annum, payable either annually or semi-annually, and
the principal shall be payable forty years from their date and payable
as to both principal and interest at the office of the county treasurez.
It may be provided by board of supervisors that any or all of said
bonds shall be payable at the option of the county, after the expiration
of a period of twenty years, in which event such option shall be stated
in the face of the bonds and by a like note so stated in said bonds pro-
vision shall be made for notice to the holders thereof of the intention
of the county to pay the same, or any particular bond, by personal notice
to such holder or holders or by publication in some newspaper to be
designated in said note on said bonds, interest on any bond so elected
by the county to be paid shall cease on the date fixed for such payment.
Said bonds shall be signed by the chairman of the board of supervisors
and attested by the county clerk, and have affixed thereto the seal of the
county.

8. The board of supervisors may sell said bonds through an agent
employed for the purpose or by sealed proposals or bids therefor, after
duly advertising the sale thereof, but said bonds shall not be sold for
less than the par value thereof. The proceeds of said bonds shall be
deposited with the county treasurer or such other repository. as the
board may select, with the approval of the circuit court, or the judge
thereof in vacation, provided, however, that the proceeds of said bonds
shall not be placed in the custody of any person or corporation until
he or it shall have entered before the county clerk with security to be
approved by him, in a penalty to be fixed by the board of supervisors
and sufficient to secure the county against loss, and conditioned to have
said fund forthcoming on the order of the board. If said funds are
paid to the county treasurer he and his official bond shall be responsible
therefor and the board of supervisors may in their discretion require
other and additional security of him as hereinbefore indicated, the cost
of which shall be paid out of the said fund, and he shall receive a com-
mission of one-fourth of one per centum for receiving and disbursing
said fund.

9. The proceeds of the sale of said bonds after paying the costs of
preparing and selling them, shall be used for the permanent improve-
ment and construction of public roads in the several magisterial dis-
tricts of the county and for that purpose shall be apportioned to the
said several districts according to the value of the taxable property of
each district as ascertained by the assessment of said property made for
taxation during the year said bonds are sold, provided, however, that
in making such apportionment of said funds, the districts in which
permanent roads have already been constructed from the proceeds of
sale of county bonds shall each of them be charged with and account
for a sum equal to the amount so expended in each district for such
permanent roads, derived from the sale of such bonds, and when a road
so improved constitutes the boundary line between two districts, each
of them shall be charged with and account for one half of the cost of
such road. :

10. The two road commissioners for each magisterial district to be
elected under the provisions of this act, together with the member of
the board of supervisors for such district shall compose a road board
for the district and the road board of each district shall be charged with
the duty of selecting the roads to be constructed or improved in their
district and of determining the character of improvement or construc-
ih iG be made, and such other duties as may be assigned them under
this act. * .

11. So far as is practicable, the work of improvement and construc-
tion of roads under the provisions of this act shall be of a. permanent
nature and the roads to be improved shall be so selected as to form a
system of thoroughfares over the routes which are most extensively used.
When controversies arise between the several districts over the selection
of the roads to be improved, the same shall be decided by the State
highway commissioner.

When the road boards of adjoining districts decide to improve a road
which constitutes a boundary line between them, then the cost of im-
proving such road to the extent that it constitutes such boundary line
shall be paid one-half by each district; and when the road board of a
district desires to improve any road which constitutes a boundary line
between districts and the road board of the adjoining districts refuses
to join in such improvement then the State highway commissioner shall
decide whether or not such road shall be improved by the two adjoining
districts at their joint cost.

12. Each district road board hereinbefore provided for, shall select
one of their number as a member of a county road board and the mem-
bers so selected by the several district road boards shall constitute a
county road board, which shall organize by the election of one of its
number chairman and another secretary. The secretary shall keep a
complete minute of the proceedings of the board neatly recorded in a
book kept for the purpose. ‘The said county road board shall be au-
thorized and charged with the duty of selecting a competent engineer
to plan and supervise the road construction and to fix his compensation ;
to employ such other superintendents and clerks as may be necessary
and to fix their salaries; to purchase machinery if necessary, and ma-
terial ; to determine whether the several roads shall be constructed under
contract or under the supervision of the county road board by the em-
ployment of labor and the purchase of materials; and generally to
make all necessary and proper contracts to carry out the provisions of
this act. By and with the advice of an engineer they shall determine
what roads shall be relocated before being improved or constructed and
when they have so determined that the location of a road shall be
changed they shall report such fact to the board of supervisors of the
county and thereupon said board of supervisors shall at’ once proceed
under the existing road law governing the county, to acquire at the
expense of the county the right of way necessary for such change of
location of such road. The machinery and other property purchased
by the said county road board shall be chargeable to and paid for by
the districts in the proportion in which it is used for each district. If
the work of improvement under this act is conducted under the super-
vision of the State highway commissioner then the county road board
may dispense with the services of an engineer employed by them, if
practicable to do so.

13. All payments made under the provisions of this act shall be made
on the order of the county road board by warrants signed by its chair-
man and attested by its secretary, drawn on the repository having cus-
tody of the funds arising from the sale of bonds under this act.
14. A vacancy occurring in a district road board shall be filled by
appointment by the cireuit court of the county or the judge thereof in
vacation, to fill the position of a member elected under the provisions
of this act., A vacancy in the county road board shall be filled by the
district road board of the district whose member retires. The terms of
office of the members of the district and county road boards shall con-
tinue until the objects of this act are accomplished.

15. The members of the district road boards shall receive for their
services the sum of two dollars for each day they are actually employed
in the discharge of their duties, provided no member shall receive more
than twenty dollars for services rendered in any one year, and the mem-
bers of the county road board shall receive for their services the sum of
three dollars for each day they are actually employed in the discharge
of their duties, provided, that no member shall receive more than
seventy-five dollars for services rendered during any one year except
that the chairman and secretary in addition to their per diem shall 1e-
ceive each the sum of one hundred dollars per annum for their services.
No member of either a district road board or the county road board
shall be otherwise employed by or be interested in any contract made
with the county road board under this act.

16. The county road board shall at least once in each ninety days
render and publish a complete detailed statement of all receipts and
disbursements under this act and at the conclusion of the work shall.
render before a committee to be appointed by the board of supervisors
a full account of all such payments and receipts and deposit all vouchers
and records with the county clerk. ‘The accounts and records of the
said county road board shall at all times be open to the inspection of
the board of supervisors.

17. The road construction and improvement to be made under the
provisions of this act shall be prosecuted as far as is practicable under
the supervision and direction of the State highway commissioner and
under the provisions of law controlling his department, and under the
laws providing for the use of prison labor in the construction of public
roads.

18. In this act the word “district” shall be construed to denote
magisterial district.

19. No irregularity in the election provided for in this act, or in the
issuance of the bonds to be issued hereunder, shall affect the validity
of said bonds in the hands of a bona fide holder thereof.

20. This act shall not be construed as in any manner amending or
altering the law now in effect for working and keeping in repair the
roads of Charlotte county, except that the same shall not be applicable
in the use and expenditure of the fund arising from a sale of bonds
under this act.

21. The board of supervisors shall annually levy upon all property
and lawful subjects of taxation for county purposes in said county a
sum and tax sufficient to pay the interest on said bonds, and jn such
manner as they may deem best create a sinking fund sufficient to pay
the said bonds at or before maturity. =