Chap. 336.—An ACT to provide for submitting the question of the removal of
the court-house of any county to the qualified voters of such county, and in
the event such removal is voted, to authorize the board of supervisors to acquire
necessary land and erect buildings.

Approved March 14, 1908.

1. Be it enacted by the general assembly of Virginia, That when-
ever one-third of the qualified voters of any county, of whom at least
one-half must be free-holders, shall in term time or vacation, petition
the judge of the circuit court of such county for a special election in such
county on the question of the removal of the courthouse to one or more
places specified in said petition which shall also state the amount to be
appropriated by the board of supervisors for the purchase of land, unless
the same shall be donated, and for the erection of the necessary build-
ings and improvements at the new location, such court or judge shall
within ten days after the receipt of said petition, issue a writ of election,
in which shall be fixed the day of holding such election, directed to the
sheriff of the county whose duty it shall be forthwith to post a notice
of said election at each voting precinct in said county. He shall also
give notice to the officers charged with the duty of conducting other
elections in said county; but no election shall be held under this act
within thirty days of the posting of such notices as aforesaid.

Said election shall be held and conducted as other special elections
are held and conducted, except there shall be at each precinct two ballot
boxes, one to contain the ballots of freeholders only, and the other to
contain ballots of those qualified voters who are not freeholders.

If it shall appear from the abstracts and returns that a majority of
the votes cast, or a plurality, should there be more than two places
voted for, one-fourth of whom are freeholders of said county, are for
the removal of the courthouse to one of the places specified in the peti-
tion, the result shall be certified to the board of supervisors of the said
county, with the amount authorized to be expended for land, if not
donated, and for necessary buildings and improvements, and if the vote
shall be for removal the said board of supervisors shall at once proceed
to acquire the necessary land at the new location, if the same has not
been donated, and to erect the necessary buildings and improvements.
And as soon as the same shall be completed, the board of supervisors
shall certify the fact to the judge of the circuit court of said county,
who shall, after sixty days’ notice, to be published in a newspaper in
said county if any, and if none, then in a newspaper published in an
adjoining or neighboring county or city which has the largest circula-
tion in said county, and shall direct the sheriff to post up notices at all
of the public places, order his court to be held in the new location. Pro-
vided that no location of a county seat shall be changed unless a ma-
jority of the freeholders of the county voting on said question shall be
in favor of the change of said location.

2. It shall be lawful for any town, village or individual, to donate
to the county the land necessary for its uses at any of the locations
named in the petition which shall not be less than one acre, and to offer
as an inducement for said removal such sum or sums of money as may
be desired. Any offer to donate the land shall be accompanied by a
deed for the same, to be regularly executed and placed in the hands
of the clerk of the county, and any order of money shall be accom-
panied by a certified check or other satisfactory security to be likewise
placed in the hands of the clerk to be delivered by him to the treasurer
of the county if the location stated in the deed or offer of money shall
be selected by the voters, and the treasurer shall record said deed and
collect and place said fund to the credit of the county to be drawn
on by the board of supervisors as hereinafter directed.

3. If the land shall not be donated, and the fund offered be not suffi-
cient to acquire the land and erect the necessary buildings, or if the
land shall be donated and the fund offered be not sufficient for the pur-
poses aforesaid, the board of supervisors shall have authority to issue the
bonds of the county, bearing not more than six per centum interest, to
an amount which with the fund offered shall be equal to the amount set
out in the petition, and the proceeds of said bonds with the amount
donated shall constitute the fund out of which the land shall be ac-
quired, if not donated, the buildings erected and improvements made.
But if the financial condition of the county shall be such as to render
the issue of bonds unnecessary the supervisors may decline to issue
them, but the amount expended shall not exceed the amount named in
the petition and authorized by the voters.

4. The ballots used in said election shall be respectively as follows:
For removal of courthouse to—-++ +, and permitting the super-
visors to spend $— therefor ; ————— for removal of courthouse
to —___——, and permitting the supervisors to spend $—____
therefor; and against removal. The manner of receiving and canvassing
the ballots, and making returns and abstracts thereof, shall conform
in all respects to the requirements of the general election law, except
that the certificate of the judges shall be as follows:

“We hereby certify, that at the election held on the ————— day of
——————,, nineteen —-—_—_, upon the question of removing
the courthouse to —-———,, and permitting the expenditure of $————
for the purpose, —————— votes which includes ————— freeholders
were cast; for removal to —————, and permitting the expenditure of
$————— for the purpose, ————— votes, which includes
freeholders were cast, and ————— votes, which includes ————— free-

holders were cast against removal.”

5. The proper official canvassers of general election returns shall
canvass these returns in like manner and at like time as other county
election returns, and shall certify in duplicate the votes cast for re-
moval which shall include the freeholders voting and authorizing the
expenditure of the amount stated in the petition and against removal,
one of said certificates to be filed with the clerk and the other with the
judge of the circuit court.

6. Contesting elections for removal of the courthouse.—Returns in
such elections shall be subject to the inquiry, determination and judg-
ment of the circuit court of the county in which such election is held,
upon complaint of fifteen or more qualified voters of such county of an
undue election or false return. The complaint shall fully set out the
grounds of contest, and if any votes were improperly received or re-
jected, shall give a list of said votes, with objections to the action of the
judges of election in receiving or rejecting the same. Two of the
persons making the complaint shall take and subscribe an ‘oath that the
facts therein stated are true to the best of their knowledge and belief.
The complaint shall be filed in the office of the clerk of the circuit
court of the county in which such election is held. Notice of contest,
stating that the complaint has been filed in the clerk’s office, shall be
given by posting the same at the courthouse door and at two or more
public places in said county, and by publishing it once a week for two
successive weeks in some newspaper published in said county, or if
there be none so published, then in some newspaper having circulation
in said county. If it is desired to take depositions, the time and place
of taking the same shall be stated in said notice, which shall entitle the
parties giving the same to take the depositions to be read as evidence
in said contest. Said complaint shall be filed and notice given within
ten days after the election, otherwise the complaint shall not be valid.
Any one or more persons who voted at such removal election may, within
thirty days from the said election, file in said clerk’s office an answer
to said complaint, in which any of the allegations of the same may be
denied, and any statement made going to show the regularity of said
election, and the propriety of the action of the judges of the election in
receiving or rejecting the votes set out in said complaint, and a list of
the votes he or they will dispute. And if said respondents desire to take
depositions, notice thereof shall be given to any one or more of the
persons signing said complaint. If no answer is filed to the complaint
within thirty days from the election, no one shall be heard to deny the
allegations of the complaint, but the persons making the same shall
prove the allegations thereof to the satisfaction of the court. The circuit
court of the county in which the election is held, at the next term after
the expiration of thirty days from said election, shall proceed to pass
upon said complaint without a jury, on such depositions as may have
been taken under the notices aforesaid, and upon such other legal testi-
mony as may be adduced by either party at the hearing of the case. In
judging of such election and return, the court shall proceed on the
merits thereof, and decide the same on the Constitution and laws, and
according to the right of the case, and enter such order as will carry
its decision into full and complete effect. And the judgment of the
said court shall be final.

%. After an election has been held in any county upon the question
of the removal of its courthouse, no other election shall be held under
this act within ten years.