Chap. 359.—An ACT to provide a permanent road commission for each of
the several magisterial districts in the county of Pulaski, and to pre-
scribe the appointment, duties and compensation of the same.

(H. B. 494.)
Approved March 20, 1916.

1. Be it enacted by the general assembly of Virginia, That
there shall be constituted in each magisterial district of the
county of Pulaski, a permanent road commission, composed of
three members, one of whom shall be a member of the board of
supervisors for the said district, and the other two members
shall be residents thereof, appointed by the circuit court of said
county in such manner that, as far as possible, all three mem-
Hae be the board shall be from different sections of the said
istrict.

The members of such permanent road commission shall re-
ceive a compensation to be fixed: by the board of supervisors of
said county, with the concurrence of the circuit court of said
county, not exceeding seventy-five dollars per annum for each
member.

Whenever a number of free-holders equal to twenty per
centum of the aggregate number of votes cast in the preceding
general election in any district shall petition the circuit court of
said county for an election to be held upon the question of levy-
ing a special tax at such a rate that the aggregate rate for all
road purposes in such district shall not exceed one dollar and
ten-cents upon every one hundred dollars of taxable values of
the property of such district, the proceeds from such aggregate
tax to be applied to the maintenance of the public roads of such
district, as provided by existing laws, and for the permanent
improvement of the traveled roads therein, as provided by this
act, it shall be the duty of the said court to issue an order for
such election in said district, which order shall specify the rating
of the tax proposed to be levied and the per centum of the aggre-
gate tax levied which shall be expended by said commission on
permanent road improvement, which shall not be less than sixty
per cent. of such aggregate tax levied, and the length of time
such increase tax rate is to be applied.

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 November election and those
who may have become of age and registered since said preceding
regular November election, except those who, by the commission
of crime or removal from the district or districts, have dis-
qualified themselves to vote.

The regular election officers of said county, in and for the
said district or districts at the time designated in the order
authorizing the vote, shall open polls at the various voting
places in the said district or districts, including the polls at
the voting places in the incorporated towns located in such dis-
trict or districts, and shall conduct such election and close the
polls in suck manner as is provided by law in other elections,
and at said election each qualified voter who shall approve such
increase of tax shall deposit a ticket or ballot on which shall
be written or printed the words “for permanent improvement
tax”? and each qualified voter who shall oppose such issue of
bonds shall deposit a ticket or ballot whereon shall be written or
printed the words “against permanent improvement tax.” The
judges of elections at the several voting places shall meet after
the closing of the polls at each of the said places, count the bal-
lots deposited and shall within two days after said election,
make return thereof as is provided in other elections. Said
oe shall be printed and furnished by the regular election
officers.

The commissioners of election of each county shall, within
two days after the judges of election have made returns of the
poll books and ballots, as aforesaid, meet at the office of the
clerk of the circuit court, and having taken an oath before him
faithfully to discharge their duties canvass the return and cer-
tify the results thereof in the circuit court. ,

If it shall appear by the report of the commissioners that a
majority of the qualified voters of the district or districts in
which the road or roads are to be built or permanently improved,
voting on the question, are in favor of increasing the tax for
the purposes aforesaid, the circuit court shall, at its next term,
enter of record an order requiring supervisors of the county
to proceed to carry out the wishes of the voters as expressed
at said election.

When the next levy is made or tax imposed in said county, a
tax shall be levied on all property liable to tax in such magis-
terial district or districts as voted on the said increase of tax,
and from year to year said levy or assessment shall be made in
accordance with the order of court providing for the election.

No election upon the question of increasing the tax under
this act shall be held oftener than once in two years in the same
magisterial district.

Treasurer of the said county is hereby directed to set aside
all funds coming into his hands under the provisions of this act,
to be used in the permanent improvement of the traveled roads
of said district or districts. The said treasurer shall receive as
compensation for his services hereunder the fees provided by
law for the collection and disbursement of other taxes for road
purposes, and said treasurer and his sureties shall be liable for
the amount received.

Said permanent road commissioners shall expend the per
cent. of aggregate tax levied, as provided by the order of the
court, upon the traveled roads in said district.

The said permanent road commission may let the work to
contract or may employ the necessary superintendents, foremen,
teams, and helpers and may purchase the necessary equipment,
supplies and implements, and the county treasurer is author-
ized to make payments of the permanent road commission, duly
signed by the chairman.

Said permanent road commission may expend the proceeds
of this special tax in connection with convict labor under the
provisions of an act approved March sixth, nineteen hundred
and six. The remainder of said tax so collected to be expended
by the road board of said district or districts, in the repair of
roads and bridges according to the provisions of an act entitled
an act to provide for the opening and keeping in repair, the
public roads of Pulaski county approved March second, eighteen
hundred and ninety-two, as amended and re-enacted by an act
approved March eighteenth, nineteen hundred and fifteen, or
any other special or general act applying to the roads of Pulaski
county. If the proceeds of said special levy shall not be suffi-
cient in any year for the improvements contemplated the said
permanent road commission may, in its discretion, allow the said
fund to accumulate for two years before spending the same, and
may invest said accumulation in such manner and upon such
security as it may deem proper.

This act shall not be construed to affect in any way the pro-
visions of an act entitled an act to provide for the opening and
keeping in repair the public roads of Pulaski county, approved
March second, eighteen hundred and ninety-two, as amended
and re-enacted by an act approved March fourteenth, nineteen
hundred and eight, as amended and re-enacted by an act ap-
proved March eighteenth, nineteen hundred and fifteen, or any
other special or general act applying to the roads of Pulaski
county.

By reason of the necessity for providing funds for the im-
mediate improvement of roads in said county an emergency
exists, and this act shall be in force from its passage.