Chap. 146.—An ACT authorizing the circuit court to order an election to be
had by the cualified voters of Charlotte county to determine whether or
aot the county shall undertake the supervision of certain streams in
the said county, and providing for the appointment of overseers of the
said streams and the removal of obstructions from the same by the
poard of supervisors; amending and re-enacting an act approved March
25, 1872, as amended by an act approved March 14, 1878, as amended by
an act approved March 3, 1879, as ameaded by an act approved Febru-
ery 27, 1896, as amended by an act approved March 15, 1910, declaring
certain streams in the county of Charlotte to be public highways, and
providing for the cleaning out of obstructions therein. (H. B. 466.)

Approved March 20, 1914.

Whereas, the flat lands lying along and adjacent to the creeks
hereinafter designated in Charlotte county to be public highways,
have become so boggy and marshy on account of not being properly
drained, and kept free from obstructions, that the health of the
citizens of said county has become seriously affected by chills, fevers
and malaria, caused by the said boggy and marshy condition of said
flat lands; and, whereas, it has become necessary to amend an act,
approved the twenty-fifth of March, eighteen hundred and seventy-
two, declaring certain streams in Charlotte county to be highways,
as amended by an act approved March twentieth, eighteen hundred
and seventy-five, as amended by an act approved March fourteenth,
eighteen hundred and seventy-eight, as amended by an act approved
March third, eighteen hundred and seventy-nine, as amended by an
act approved February twenty-seventh, eighteen hundred and
ninety-six, as amended by an act approved March fifteenth, nineteen
hundred and ten, so that said creeks hereinafter designated as public
highways may be properly drained and kept free of obstructions;
now, therefore,

1. Be it enacted by the general assembly of Virginia, That
an act approved March twenty-fifth, eighteen hundred and seventy-
two, as amended by an act approved March twentieth, eighteen
hundred and seventy-five, as amended by an act approved March
fourteenth, eighteen hundred and seventy-eight, as amended by an
act approved March third, eighteen hundred and seventy-nine, as
amended by an act approved February twenty-seventh, eighteen
hundred and ninety-six, as amended by an act approved March
fifteenth, nineteen hundred and ten, declaring certain streams in
the county of Charlotte to be public highways, and providing for
the cleaning out of the obstructions therein, be amended and re-
enacted so as to read as follows:

Sec. 1. Be it enacted by the general assembly of Virginia, That
Wardsfork creek from Franklin’s mill to its mouth; Cub creek from
Wilson’s ford to its mouth; Roanoke creek from Roanoke bridge to
its mouth, Big Horsepen creek in Bacon magisterial district, Louse
creek from Tola and Abel road to its mouth, and Turnip creek from
Wren to its mouth; Bluestone creek from the Mecklenburg line to
the road leading from Barnsville to Roberston’s mill; Moody creek
from Bluestone creek to R. E. Moore’s; Twittys creek from Drakes
branch to its mouth; and all of the said creeks being in the county
of Charlotte, shall be considered. and are hereby declared to be
public highways, and shall be subject to all provisions of law in
reference to public roads now in force and applicable thereto,
except as hereinafter provided.

Sec. 2. The circuit court of Charlotte shall from time to time
appoint one or more overseers of said creeks, who shall hold office
for two years from the date of their qualification unless sooner
removed for cause by said court. The said overseer or overseers
upon their qualification shall enter into bond before the said circuit
court with security to be approved by said circuit court in the pen-
alty of five hundred dollars conditioned for the faithful per-
formance of their duties under this act. The said overseer or over-
seers shall be charged with the duty of inspecting the said creeks
above designated as highways, during the month of April and
October of each year, and at such other times as obstructions in the
said creeks or on the banks thereof may be reported to him or them;
the said overseer or overseers if upon inspecting the said creeks
find that there are obstructions in said creeks or either of them,
- shall make report in writing to the board of supervisors of said
- county of said obstructions, stating the character of such obstruc-
- tions and the probable cost of removing the same, together with any
facts which the said overseer or overseers may think proper to
report to said board. The said board of supervisors upon filing of
said report, if in their judgment it is best to have said obstructions
removed shall have the same removed in such way as to them may
seem best, either through the overseer or ‘overseers or by contract,
all costs of cleaning the streams and paying the overseers or the
contractor, to be paid out of the county levy of said county.

The said overseers shall be entitled to the sum of three dollars
for each day in which they are actually employed in inspecting the
said creeks, or either of them, and in removing the obstructions from
the said creeks, to be paid by the board of supervisors out of the
county levy. \.

If the board of supervisors shall determine to have the obstruc-
tions in said creeks removed by contract, the contractor shall enter
into bond before the said board, with security to be approved by
said board, in such penalty as said board may require, payable to
the county of Charlotte, and conditioned for the faithful per-
formance of the said contract by the contractor.

Sec. 3. The said overseers shall make a report to the board of
supervisors in the months of June and December of each year or
as soon thereafter as the said board may meet, of the work done by
them under the order of said board filing with their report an
itemized account of all moneys received and paid out by them,
which account shall be audited by said board and shall be supported
by proper vouchers for each item in said account.

Sec. 4. The circuit court of Charlotte county shall not make the
appointment or appointments specified in section two of this act;
nor are the overseers therein mentioned, or the board of supervisors
authorized to enter upon the discharge of the duties specified in
the said section two; nor shall any of the provisions of this act
become effective, until and after the same have been approved by
the qualified voters of Charlotte county in an election held as here-
inafter set out.

(a) On the application of the board of supervisors of Char-
lotte county, the circuit court of the said county shall order a vote
to be taken of the qualified voters of said county at a special elec-
tion to be held the same day that some general election is held, to
determine whether or not the county shall undertake the supervi-
sion of certain streams in the said county in the manner hereinbefore
required. The order of the court shall not be entered until and
except it shall be made to appear to the court that notice of the ap-
plication to the court for such order has been published at least
once a week for four successive weeks in some newspaper published
in Charlotte county.

(b) The ballots to be used at such election shall be prepared
by the electoral board as ballots are prepared and distributed by
them for general elections, and shall have printed on them, “For
inspection of certain streams, and removing of obstructions from
the same,” and “Against inspection of certain streams, and remov-
ing of obstructions from the same,” which writings shall appear
on the ballots in separate lines, and the voter shall prepare his
ballot in accordance with the provisions of the general law.

(c) Such election shall be held by the regular election officers
of the county, and 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 commissioners of election in
the manner prescribed by law for general elections, and the result
of said election as determined by the commissioners of election shall
be certified by the county clerk to the circuit court, and the ballots
and poll books shall be held by said clerk, subject to the order and
inspection of said court.

(d) If from the certificate of the county clerk of the result of
said election as determined by the commissioners of election, as
from an inspection of the ballots and poll books, the said circuit
court shall be of the opinion that a majority of the votes cast at
such election was for inspection of the streams hereinabove men-
tioned and for the removal of obstructions from the same, in the
manner hereinabove set out, in such case the court shall enter an
order to that effect, and shall make appointments of overseers as
required in section two of this act and upon the entry of the said
order by the court, all of the provisions of this act shall become
effective.

Sec. 5. All of the acts mentioned in the preamble of this act,
and acts and parts of acts inconsistent with this act, are hereby
repealed.