CHAP. 358.—An ACT to provide for improving the public roads and
bridges of Estilville magisterial district in the county of Scott, to
authorize the board of supervisors to borrow money by the issue of
bonds, and to build bridges and to macadamize roads in said district.

(H. B. 350.)
Approved March 20. 1916.

1. Be it enacted by the general assembly of Virginia, That
the board of supervisors of Scott county be and they are hereby
empowered to issue bonds in the name of the county of Scott
for the purpose of constructing and macadamizing roads and
building new bridges in Estilville magisterial district in said
county, the said bonds to be called “public improvement” bonds.
The said board of supervisors are hereby authorized to issue
bonds for them a sum not exceeding fifteen per centum of the
assessed valuation of the taxable property of said Estilville
magisterial district in Scott county, and are to sell bonds under
such conditions as are hereinafter prescribed, and with the pro-
ceeds of such sale to build roads or bridges in the said Estil-
ville magisterial district. The said board of supervisors are
authorized to lay a local levy upon said district sufficient to
create a sinking fund to be applied to the redemption and pay-
ment of the bonds so issued, and shall annually, until such bonds
are paid, pay over to the sinking fund trustee, who shall be the
treasurer of Scott county, a sum sufficient to pay off such bonds
in not less than forty years. The bonds issued in pursuance of
this act shall be coupon bonds of not less denomination than
one hundred, nor more than one thousand dollars each, payable
in not more than forty years from date, and bearing interest
payable annually, at a rate not exceeding six per centum per
annum; the said board having the right to redeem any of said
bonds after the expiration of ten years. The said bonds shall
ke issued in the name of Scott county, Virginia, shall be signed
by the chairman of the board of supervisors of said county, at-
tested by the clerk and shall have affixed thereto the seal of said

oard.

The said board of supervisors is hereby empowered to make
sale of said bonds, but no bonds shall be sold for less than par
value thereof and the said bonds and coupons and interest there-
on shall be redeemable in lawful money at maturity, and shall
be receivable at maturity for all taxes and other debts due the
said county of Scott except school levies.

The form of said bonds and coupons shall be determined by
the board of supervisors.

The said bonds and coupons issued under this act shall be
redeemable at the office of the treasurer of Scott county, and
when paid by him or received from taxes or other debts, shall
be marked paid or cancelled. .

The said board of supervisors shall create a sinking fund
to be applied to the redemption and payment of the bonds issued
for the building and improvement of roads in said district, and
shall annually until such bonds are paid, pay over to the sinking
fund trustee who shall be the treasurer of *Scott county a sum
sufficient to pay off said bonds in not less than forty years.

The treasurer of Scott county who is designated in this act
as the sinking fund trustee shall give bond to said board of
supervisors to be approved by them, in double the amount of
money likely to come into his hands, and it shall be the duty of
said treasurer to receive said sinking fund and loan or invest in
road bonds of the county, such loans and such investments to
be approved by the board of supervisors.

The said board is hereby empowered, without a petition from
the qualified voters of the said district, to issue bonds of the
county for such amount as they deem necessary not in excess
of fifteen per centum of the assessed value of the taxable prop-
erty of said magisterial district for the purpose of construct-
ing, macadamizing or improving the roads in said district. Said
board may levy a tax in said district, in addition to the regular
county levy for an amount sufficient to pay the interest on and
provide a sinking fund for the amount or amounts so expended
in said district; provided that said tax shall not be more than
fifty cents on every hundred dollars of property, real and per-
sonal, in said district.

It shall be the duty of the judge of the circuit court of said
county before any bonds are issued by board of supervisors
hereunder to appoint two resident freeholders of such magis-
terial district, who, together with the supervisors from the dis-
trict, shall be known as the “‘district road commission,” any two
of whom shall constitute a quorum, of which the supervisor from
that district shall be ex-officio chairman. It shall be the duty
of said road commission to determine upon a recommendation
to the board of supervisors what improvements, macadamizing
of roads or the construction of bridges are more needed in the
district and to see that the money set apart for improvements
in the district is properly and judiciously expended, to the end
that the public interest may be fully protected. Said district
road commission shall report annually, or oftener if required,
to the supervisors showing an itemized account of the expen-
diture of said fund, said account to be prepared by the county
engineer. All moneys realized from the sale of said bonds under
the provisions of this act shall be received by the treasurer of
said county, and shall be drawn out of his hands for improve-
ments in the said district on warrants ordered to be issued by
the board of supervisors upon the recommendation of the dis-
trict road commission, said warrants to be signed by the chair-
man of the board and countersigned by the chairman of the dis-
trict road commission.

The said board of supervisors shall cause to be kept an item-
ized account of all work done and money expended in road im-
provements, with the fund issued under this act, which shall
be recorded by the clerk of the board of supervisors in a book to
be kept for the purpose, and published in the manner provided
by law for the publication of other expenditures.

The board of supervisors shall devise a system of bookkeep-
ing in order to carry out the intention of this act and require,
by order, the clerk of said board to keep said books as directed,
and they shall prescribe the method by which the treasurer
shall keep his books with reference to the county and district
levy and the collection of the county and district road tax, and
require said treasurer to follow out plans; if the treasurer or
clerk of said board of supervisors shall fail or refuse to carry out
the order of the said board of supervisors, they shall be fined
for each offense not less than twenty-five dollars nor more than
fifty dollars, said fine to be recoverable by motion after reason-
able notice in the circuit court of said county.

It is further provided that the district road commission in
conjunction with the board of supervisors, may let to contract
if they think proper, the building of any bridges across any
stream, or the macadamizing, improvement, or keeping in repair
of the roads provided for in this act to the lowest responsible
bidder and have the power to reject any and all bids.

Specifications of said work shall be drawn by the county
engineer, and the work carried on under his supervision, pro-
vided that no commissioner, county engineer, or foreman, shall
be personally interested either directly or indirectly in any con-
tract for the building of any bridge or the altering of any roads.

This act shall be likewise construed to the end that its pur-
pose may be fully carried out. .

The provisions of chapter forty-three of the Code of Virginia,
being the general road law, shall apply where not inconsistent
with this act. |

2. All acts and parts of acts inconsistent with this act are
hereby repealed.

3. It being necessary that immediate work should be done
for the purpose of working and keeping in repair the public
roads and bridges of Scott county, an emergency exists and this
act shall be in force from its passage.