CHAP. 28.—An ACT to provide for the issuing of county bonds for per-
manent road or bridge improvement in the magisterial district of the
counties of the State, and repealing all acts in so far as the same are
in conflict herewith. [H B 6]

Approved September 5, 1919.

1. Be it enacted by the general assembly of Virginia, That
bonds may be issued by any county for the purpose of macada-
mizing or otherwise permanently improving the public roads and
bridges of any magisterial or road district in said county upon
the conditions hereinafter provided. The circuit court of the
county, upon the petition of a majority of the board of super-
visors of said county, or upon petition of fifty qualified voters
of said district, shall make an order requiring the judges of elec-
tions, at the next election of county officers or at any other time
not less than thirty days from the date of such order, which shall
be designated therein, to open a poll and take the sense of the
qualified voters of the district on the question whether the board
of supervisors shall issue bonds for said purposes, or either of
them; the approximate location, length and width of such roads
as is proposed to be macadamized or permanently improved to
be named in the order. But no election shall be ordered until
after the court has been assured by the State highway commis-
sioner, or his representative, that the amount of bonds proposed
to be issued will be approximately sufficient to improve the roads
set out in the order, the estimated cost of each road, or part
thereof, to be set out in the order of the court, for expenditure
solely on said road or part thereof. The said order shall desig-
nate the magisterial district or districts in which such road or
roads lie, and the maximum amount of bonds to be issued, which
shall in no case exceed an amount in excess of fifteen per centum
of the total taxable value at the time in the magisterial district
in which the road or roads are to be built or permanently im-
proved, except that in Gordon district or Orange county the max-
imum amount of such bonds may be an amount not fo exceed
fifteen percentum of the total taxable value in said district.
The qualified voters at any special election held under this act,
until otherwise provided by general laws, shall be those quali-
fied to vote at the preceding regular November election and those
who may have come of age and registered since said preceding
regular November election, except those who by commission of
crime or removal from the district or county have disqualified
themselves to vote.

2. The regular election officers of said county in and for the
said district or districts, at the time designated in the order au-
thorizing 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 within such district or
districts, and shall conduct such election and close the polls in
such manner as is provided by the law in other elections; and
at said election, each qualified voter who shall approve such issue
of bonds shall deposit a ticket or ballot on which shall be writ-
ten or printed the words “for bond issue,” 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
bond issue.” The judges of election at the several voting places
shall immediately after the closing of the polls at each of the
said places count the ballots deposited, and shall, within two
days after said election, make return thereof as is provided in
other elections. Said ballots shall be printed and furnished by
the regular election officers.

8. The commissioners of election of said county shall, within
two days after the judges of election have made return of the
poll books and ballots as aforesaid, meet at the office of said clerk
and, having taken an oath before him faithfully to discharge
their duties, canvass the returns and certify the results thereot
to the circuit court.
ACTS OF ASSEMBLY. 45

4. If it shall appear by the report of the commissioner 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 questions, or on either of them, are in favor of issu-
ing the bonds for the purposes aforesaid, the circuit court shall,
at its next term, enter of record an order requiring the super-
visors of the county to proceed at their next meeting to carry out
the wishes of the voters as expressed at the said election; pro-
vided, however, that any magisterial district of any county may
build, repair, improve and alter any road in an adjacent magis-
terial district which joins with and leads into any road which has
been, or is being, built, repaired, improved and altered in that
district, may charge itself with, assume and pay the bonds and
interest thereon, the proceeds of which are to be, or have been,
used and expended in the building, repairing, improving and
altering any such road in such adjacent district.

5. Whenever the sense of the qualified voters of any district
or districts shall be taken on the question, whether the board of
supervisors of the said county shall issue bonds for the purpose
aforesaid, the said election and returns shall be subject to the
inquiry, determination and judgment of the circuit court of the
county in which said election was held, upon the written com-
plaint of fifteen or more of the qualified voters of such county,
of an undue election or of false returns, two of whom shall take
an oath that facts set forth in such complaint are true to the
best of their knowledge and belief, and the court shall, in judg-
ing of such election and returns, proceed upon the merits thereof
and determine concerning the same according to the Constitu-
tion and laws of this State, but such complaint shall -not be valid
unless it shall have been filed within thirty days after said elec-
tion in the clerk’s office of the said circuit court. The board of
supervisors of such county shall be made a defendant by sum-
mons or notice to its chairman of the filing of the complaint, and
after such service of notice on the chairman of the board of
supervisors, either party, upon reasonable notice to the other,
shall be at liberty to take depositions to sustain or invalidate
such election. Service of notice on any three of the complain-
ants shall be sufficient. The court shall proceed at its next term
after such service of summons or notice to determine the con-
test without a jury on the evidence, oral or written, unless good
cause be shown for a continuance, and shall make a proper recora
of its judgment. If the judgment be that the election is a valid
one in favor of the issuing of bonds for permanent road improve.
ment in said district or districts, or either of them, the court shal
make an order in conformity with the preceding section.

6. The board of supervisors, at their meeting or as soon
thereafter as practicable, shall determine what amount of bond:
for road improvement in said district or districts, not exceeding
the maximum aforesaid, shall presently be issued, and shall enter
of record the amounts so determined, and, in event they do not
at said meeting direct the present issuing of all the said bonds,
they may hereafter, from time to time, direct the residue thereof
to be issued to carry out the wishes of the voters, so far as nec-
essary, as expressed in such election, and in event the board, for
any reason, fails or refuses to issue the bonds so authorized to
be issued, the circuit court of the county may, upon the complaint
of ten qualified voters of the county and after ten days’ notice
to the chairman of the board, for cause shown, issue an order
directing them to issue the said bonds or any unissued residue
thereof, or such portion thereof as the court may, from time to
time deem proper to be issued in order to enable the proper road
authorities to.carry out the wishes of the voters as expressed in
said election. And this remedy shall apply to any bond issue
heretofore or hereafter authorized by voters of any district or
districts. They shall have power to appoint agent or agents to
sell said bonds, provided that said bonds shall be sold to be paid
for in lawful money only, and shall not be sold at a price that
will net the county less than par value. When such a sale of
bonds has been negotiated, the board of supervisors shall issue
the same. Such bonds may be either registered or with coupons
attached as said board of supervisors may prescribe, and shall
have written or printed in ink the following sentences: “These
bonds are issued for road improvement in........... magis-
terial district, but the full faith and credit of the entire county
0) is hereby pledged for that payment, and a tax
is to be levied upon the property in said district to pay the in-
terest on them and to create a sinking fund sufficient in amount
to pay them upon maturity.” Such bonds shall be signed by
the chairman and countersigned by the clerk thereof under the
seal of the board; shall be in denomination of one hundred dol-
lars or some multiple thereof; shall bear interest at a rate not
exceeding six per centum per annum, payable semi-annually at
the office of the treasurer of said county, and shall be payable
not exceeding thirty-four years from the date thereof at said
office, but may, in the discretion of the said board, be made re-
deemable at such time or times of after such period or periods
and upon such notice as the said board may prescribe and stip-
ulate upon the face of the bonds when issued. The board shall
deliver them to the treasurer of the county, who shall deliver said
bonds to the purchasers thereof, or their. order, upon the pay-
ment of the price thereof. The said treasurer and his sureties
shall be liable for the amount received for said bonds as though
it were a county levy, and said funds shall be expended for the
purposes and in the magisterial district or districts for which
it was intended, and none other. The said treasurer shall re-
ceive as compensation for his services hereunder, one-fourth of
one per centum of the amount thus coming into his hands, and
also the reasonable cost to him of giving surety on such addi-
tional bond or bonds as may be required of him, if any, on ac-
count of his receipts heretofore or hereafter of said funds, and
the board of supervisors of such county may direct the treasurer
to deposit the proceeds of said bond issue in such bank or banks
as it may approve, to the credit of the said treasurer, to be paid
out on his checks therefor, and at the rate of interest to be speci-
fied, and all interest accrued therefrom shall be accounted for
by said treasurer and be expended for the purposes of the said
road improvement, and, in so far as not necessary for said
road improvement, shall be covered into the sinking fund for
the payment of the principal of said bond as provided in section
seven.

7. After issuing such bonds, or any of them, when the next
levy is laid or tax imposed in said county, a tax shall be levied
on all property liable to county or district tax in such magis-
terial district in which the proceeds of the bonds have been or
are to be expended, including such property located or the situs
of which for taxation is, within the limits of any incorporated
town situated within such district, to pay the interest on the
bonds so issued, and to create a sinking fund to redeem the
principal thereof at maturity; and, in addition, an annual levy
at a rate to yield a sum equal to, but not less than, three per
centum of the amount of bonds issued in any year, or, in lieu
thereof, an amount equal to the amount raised from said addi-
tional levy may be set aside by the board of supervisors from
other funds of the county, or may be raised by other means now
provided for by law, which sum shall be expended under the
direction of the local road authorities in the maintenance and
upkeep of the roads constructed and improved hereunder, and
from year to year said levy or assessment shall be made until the
debt and interest are paid, which levy shall not exceed ninety
cents on the one hundred dollars ($100.00) of taxable property
within the said magisterial district of said county; the amount
levied for and set apart as a sinking fund and the interest accru-
ing thereon shall be used for the payment of the principal of said
bonds, and for no other purpose.

Should for any reason the county in any way have to assume
any payment on account of said bond issue, either interest or
principal, it is hereby provided that the board of supervisors
shall levy such tax in said magisterial district as may be neces-
sary to defray the amount assumed by the county, it being and
having heretofore been intended that bonds issued or to be issued
under this act are county obligations, but payable primarily out
of levies upon the property in the magisterial district, where the
proceeds of the bonds may be expended hereinunder.
The board of supervisors is hereby authorized and empow-
ered to apply any part or all of said sinking fund to the payment
or purchase of any of said bonds, at any time, and all bonds so
paid off or purchased by said board of supervisors shall be im-
mediately canceled, and shall not be reissued, and the board of
supervisors is authorized and empowered to lend out, upon reai
estate security, the loan not to exceed fifty per centum of the
assessed value of such real estate, or deposit in bank at interest
all accumulations of money to the credit of said sinking fund;
provided, as aforesaid, and to collect and reinvest the same and
the interest accruing thereon from time to time, so often as may
be necessary or expedient, until such bonds become subject to
call; provided, that no money to credit of said sinking fund shall
be loaned out or deposited or invested by the said board of super-
visors, unless said loan, deposit or investment shall be first ap-
proved by the circuit court of said county or the judge thereof
in vacation, and the form of the security be examined and ap-
proved by the Commonwealth’s attorney of said county, which
approval shall be entered of record in the order book of said
court.

8. When the said county wishes to redeem any of its out-
standing bonds subject to call, issued under the provisions of
this act, it may, through the chairman of the board of super-
visors, give notice of its readiness to do so to the holder in per-
son or by publication thereof once a week for two successive
weeks in a newspaper published in said county or nearest thereto.
It shall be sufficient in the notice to give the number and amount
of such bond, and fix a day for its presentation for payment,
which shall not be less than ten days from the date of persona!
service of notice, or the completion of the publication thereof,
as the case may be.

If the bond be not presented on the day fixed for its redemp-
tion, interest thereon shall cease from that day.

9. The board of supervisors or local county road board, if
there be one, of the county shall apply to the State highway
commissioner for, or shall employ a competent road engineer,
whose selection shall be approved by the State highway commis-
sioner, to make plans and specifications of all roads or bridges
to be built or permanently improved from the proceeds of such
bond issue, and to supervise the building of the same, and shall
let the -work to contract to the lowest responsible bidder after
due public access to the specifications and due public advertise-
ment for bids for at least two consecutive weeks in a newspaper
having a general circulation in such county, and in such publica-
tion as the State highway commissioner may deem proper, if
any, for the furnishing of all material and for the construction
of such road according to such plans and specifications, and such
State highway commissioner and the board of supervisors, or
local county road board, if there be one, acting jointly, may
award such contract to the lowest responsible bidder. Such com-
missioner and board of supervisors, or local county road board,
if there be one, may reject any and all bids, and before entering
into any contract with any bidder they shall require a bond in
the penalty of at least thirty per centum of the contract price,
with sufficient security conditioned that if the proposal shall be
accepted the contractor will furnish the materia] and perform
the work upon the terms proposed, within the time prescribed
and in accordance with the plans and specifications; partial pay-
ments may be provided for in the contract and paid in the man-
ner herein provided when certified to by such commissioner or
road engineer approved by him to an amount not exceeding
ninety per centum of the value of the work done, and ten per
centum of the contract price shall be retained until ninety days
after the entire work has been accepted and opened to the public.
The said contractor shall conform to all reasonable regulations
and directions of the said highway commissioner or road en-
gineer. The board of supervisors, or local road board, if there
be one, shall have no power or authority to expend the money
derived from the bond sales as aforesaid except to pay for ma-
terials furnished and work done under the supervision provided
for in this act.

10. The board of supervisors, or local county road board,
if there be one, and the State highway commissioner, acting
jointly, in their discretion, may authorize the purchase of the
necessary machinery and supplies and build or permanently im-
prove such roads on account of the magisterial district making
the bond issue authorized in this act; provided, however, that
such work shall be done under the same supervision as is pro-
vided in case the work is done by contract.

11. No election upon the question of the issuance of bonds
under this act shall be held oftener than once in one year for the
same magisterial district.

12. Provided that this act shall not effect the existing law
where in any proposed bond issue for county or magisterial dis-
trict application has been made for an election thereon as pro-
vided for in the existing law.

18. All acts and parts of acts, in so far as the same are in
conflict herewith, are hereby repealed.

14. By reason of the necessity for issuing of bonds in sev-
eral magisterial districts of the counties of the State in order to
properly carry on county highway work, an emergency is hereby
declared to exist, and this act shall be in force from its passage.