Chap. 461.—An ACT to amend and re-enact an act entitled an act to authorize
the board of supervisors of the county of Carroll to let to contract th:
roads of said county and levy a tax to keep the same in proper repair.
as amended by an act, approved February 29, 1892, and February 2, 1894.
and acts amendatory thereto, respectively, January 22, 1898, March 7, 1900.
as amended by an act approved March 14, 1906, and as amended by an ac:
approved March 15, 1910, and to appoint a county road superintendent, his
salary, duties, etc., the purchase of road machinery, implements, tools, etc..
pay of supervisors, road superintendent, clerk and duties of each, prescrib-
ing penalties, etc., and to repeal all special acts in conflict herewith.

[H B 481:
Approved March 24, 1920.

1. Beit enacted by the general assembly of Virginia, That an act
entitled an act to authorize the board of supervisors to let to contract
the roads of Carroll county, to levy a tax, and keep the same in proper
repair, approved February twenty-ninth, eighteen hundred and ninetv-
two, [*ebruary second, eighteen hundred and ninety-four, January
twenty-second, eighteen hundred and ninety-eight, March seventh
nineteen hundred, as amended by an act approved March fourteenth
nineteen hundred and six, and as further amended by an act approvec
March fifteenth, nineteen hundred and ten, be amended and re-enacted
so as to read as follows:

Sec. 1. The board of supervisors of Carroll county shall, in the
month of April, nineteen hundred and twenty, and in the month ot
January, nineteen hundred and twenty-two, and every two years there-
after, appoint a county road superintendent, who must be a civil engi-
ncer, or a man well versed in road building, and he shall possess the
necessary general qualifications for the office. The county road super-
intendent first appointed under this act shall enter upon the discharge
of his duties, immediately after his appointment, and shall continue ir
office until February first, nineteen hundred and twenty-two. There-
after, the term of office of the county road superintendent shall be fo:
two years, beginning on February first, of the year of his appointment
The county road superintendent shall qualify as other county officer:
are required to qualify, and shall execute a bond, with approved secur-
ity, before the court, judge or clerk before whom he qualifies, in the
penalty of not less than one thousand dollars nor more than twenty-
five hundred dollars, payable to Carroll county, and conditioned fo:
the faithful discharge of his duties, and the proper accounting for al
funds that may come into his hands or under his control, and failure
to qualify and give bond prior to the commencement of his term, shal.
vacate his office. A vacancy in the office of county road superintendent
shall be filled by the board of supervisors for the unexpired term.
Sec. 2. The county road superintendent shall devote his entire
time to the inspection, supervision, maintenance and construction of
the roads and bridges of the county, and supervise and direct all force
account work, or work being done under contract, on any of the roads
and bridges of the county, and shall perform such other duties as are,
or may be, provided by law, or as may be directed by the board of
supervisors; and shall receive compensation as fixed by the board of
supervisors, such compensation, however, not to be less than eighteen
hundred dollars per annum, nor more than three thousand dollars per
annum, the same to be paid in proportionate monthly payments, and
shall be paid out of the general county road funds.

Sec. 3. The county road superintendent shall be charged by the
board of supervisors with the general supervision and control of all
public roads and bridges within the county, when not in conflict with
the State highway commission, and shall have the power and be
charged with the duty of supervising, managing, building, improving
and keeping in order all public roads and bridges in said county,
and shall make and prescribe such rules, regulations, specifications and
directions as he and the board of supervisors shall deem best for build-
ing, keeping in order, repairing and maintaining such roads and
bridges, and in carrying out the provisions and requirements of
this act.

Sec. 4. Whenever the State highway commissioner or board of
supervisors of the county shall direct, the said county road superin-
tendent shall measure or cause to be measured all public roads within
his county. Such measurements shall be made, either by the use of
a cyclometer, or otherwise, as may be directed; he shall ascertain and
indicate in his report the public roads which have been surfaced with
gravel, those which have been surfaced with crushed stone or other
material, and those which have been shaped or crowned. He shall re-
port in duplicate, on forms to be prescribed and furnished by the State
highway commissioner, the total number of miles of public roads in
his county, one of which reports shall be filed with the county clerk
of the county, and one with the State highway commissioner.

Sec. 5. The county road superintendent shall make, or cause. to
be made, annually a written inventory of all county road and district
road machinery, tools, implements, et cetera, belonging to the said
county, or any mag®#terial district therein, itemizing each article and
the value thereof, and the approximate costs of all necessary repairs
thereto, and deliver the same to the clerk of the county on or before
October thirty-first of each year, and shall, at the same time, cause to
be filed with the said clerk for the board of supervisors his written
recommendation as to what machinery, tools, material and implements,
should be purchased for the use of the roads and bridges and the
probable cost thereof. He shall provide a proper place or places for
housing and storing all machinery, tools and implements, owned by the
county and districts, and cause the same to be stored therein when not
in use.

He shall attend all regular meetings of the board of supervisors
and furnish them an itemized statement of all work done, expenditures.
et cetera, in each magisterial district, and also make a general repor
covering his work and movements during the preceding month.

Sec. 6. On or before January first, following his appointment, the
county road superintendent shall prepare a map of the county roads.
dividing each magisterial district into two or more road precincts.
which shall be numbered and entered in a book, provided for that pur-
pose, and each road precinct shall be divided into road sections. of
from two to ten miles, in his discretion, which shall also be numbered
and entered in said book; and annually thereafter, he shall file a map
or record, showing any changes which may have been made from
time to time. This book shall be titled “County Road Book.” and
shall be kept in the clerk’s office for the information of the public. The
county road superintendent shall also be required to prepare and make
up a list, as accurate as possible, of all public roads in each of the
magisterial districts of the county, giving name and a brief descrip-
tion of each road, and stating the length and width of same and
through what locality it passes, and any other information which mav
be necessary to properly identify the said road or roads; the same shali
be recorded and indexed in the county road book, in numerical order.
listing each magisterial district separately, under the names of the
respective districts.

Sec. 7. As soon as possible, after the presentation of the county
road map to the board of supervisors, they shall officially declare the
width of all public roads of the county, and such action of the board
shall be spread on the minutes of the meeting and recorded in the
county road book, and shall be accessible to public inspection.

Sec. 8. When public roads form dividing lines between magisterial
districts, the board of supervisors shall divide such roads between the
said districts as they may deem best, and the county road superin-
tendent shall annually, and whenever so required by the supervisors
of the county, report to them the general condition of the public roads
and bridges in the respective magisterial districts of his county, and
the amount of money expended on said roads and bridges in the respec-
tive magisterial districts, in the employment of foremen, contractors.
laborers and materials, and such other matters relative thereto as the
board of supervisors shall suggest and require. Said county road
superintendent shall keep an itemized account of all amounts expended
in working and repairing the roads in each magisterial district. and
report the same to the board of supervisors, and the said board shall
pay same, and in issuing its warrant for said work and material.
express on the face of said warrant for which magisterial district it
was so issued.

Sec. 9. It shall be the duty of the county road superintendent to
advertise for bids, between February first and March first of each
year, if directed to do so by the board of supervisors, any or all road
sections within said county for maintenance, construction, or improve-
ment for one year from the succeeding April first.

Sec. 10. Notice of the letting of all contracts shall be given to
1920. } ACTS OF ASSEMBLY. 711

the public by posting of hand-bills, in each precinct, and by news-
paper advertising in at least one newspaper in the county, for such
time and in such manner as the board of supervisors may direct. Such
notices shall specify what construction, maintenance or improvements
shall be required.

Such work as the application of stone, grading or other work re-
quiring heavy road machinery, shall be done by the county road super-
intendent by force account, and that part let to bids shall only include
such construction, maintenance or improvement as does not require
heavy road machinery, and any such work or maintenance, when let
to contract, shall include dragging, keeping the ditches open, filling
mud holes and depressions, and all like duties; but nothing in this
section shall prevent the board of supervisors and the county road
superintendent from having entire control as to making specifications
for such roads as may be let to contract.

Sec. 11. The board of supervisors shall have the right to reject
any and all bids or to award the contract to the lowest responsible
bidder, unless the board is satisfied that the awarding of the contract
to a bidder, not the lowest, is in the interest of public policy, but when
the board awards the contract to a bidder, not the lowest, the amount
of the lowest bid, and the amount of the bid accepted, must be pub-
lished as hereinafter provided.

Sec. 12. Such bids as are accepted by the board of supervisors
shall be published in some newspaper of general circulation in said
county, giving the amount of the bid, and the boundaries of the sec-
tions of road covered by each bid, and also the amount of the lowest
bid, and the bidder, if the lowest bid has not been accepted.

Sec. 13. If the board of supervisors shall not deem it advisable
to let any road, or any section or parts of section, to contract, it shall
be the duty of the county road superintendent to take charge of mainte-
nance or construction of such road or section, and to this end he may
employ foremen, the necessary laborers, teams, horses, or tractors,
and obtain the material necessary for the work in hand and for the
proper discharge of his duties, at such price as the board of supervisors
may direct, and said superintendent shall have, at all times, charge of
all road machinery, tractors, appliances, tools and materiaf furnished
by the board of supervisors, and all foremen appointed by him shall
qualify, and if the board of supervisors deem necessary, shall give
bond in the same manner, and may be removed in the same way and
for the same causes as their principals, the amount of such bond to
be fixed by the board of supervisors.

Sec. 14. Every contractor shall give bond, payable to the county,
with security to be approved by the board of supervisors, in a sum
equal to the estimated cost of the work to be done on such section
or sections in question, the amount in each case to be fixed by said
board, and so conditioned as to require that the terms of the contract
are properly performed by said contractor. Said contracts shall be
signed in triplicate. One shall be lodged with the county clerk, one
delivered to the county road superintendent, and the other kept by
the contractor.
Sec. 15. Payment of all work done by contract is to be made
by the board of supervisors upon written order of the county road
superintendent, stating that the work has been properly performed,
and that the money is due and payable; but if any member of the
board of supervisors has reason to believe that the work has not been
properly done and completed, in accordance with the terms of the
said contract, the payment of such work may be withheld until such
time as a majority of the members of the board of supervisors are
satisfied that the work has been properly performed.

Sec. 16. It shall be the duty of the county road superintendent.
when five taxpayers of a road precinct complain to him that any con-
tractor has neglected or refused to keep the road under contract in
proper repair, as provided in the contract, to cause an examination to
be made within five days after such complaint, and if the county road
superintendent deems the complaint well founded, he shall give notice
to said contractor, and shall give said contractor a reasonable time to
comply with the terms of the contract, and if any contractor fails to
promptly repair his road, the superintendent shall cause same to be
put in repair, reporting the cost of such repair to the board of super-
visors, which amount shall be deducted from any money due the said
contractor.

Sec. 17. The county road superintendent shall cause to be erected
and maintained, a sign post or sign board at the intersection of all!
the most prominent roads in the county, and shall have printed thereon
in plain letters the name and distance from such intersection to the
nearest post office, town, city, village or notable landmark, as the case
may be, showing by arrow the direction to the points, the names of
which are given.

Sec. 18. Any person wilfully or maliciously defacing or removing
any such sign post or board shall be guilty of a misdemeanor and
upon conviction shall be punished by a fine of not less than five dollars
nor more than one hundred dollars, or confined in jail not more than
sixty days, or by both fine and imprisonment, at the discretion of the
tribunal trying the case.

Sec. 19. On or before March first of each year, it shall be the
duty of the county road superintendent to make a wnitten report to
the board of supervisors, stating in detail the work he recommends
shall be done on each road section for the year commencing next
April first thereafter, together with all bids, and with the estimated
cost of such section not let to bids, or for which no bids were received:
and he shall report to the board of supervisors at each regular meeting
thereof, giving a full, itemized statement of the expenses made by
him since his last report, with full detail, and shall on September thir-
tieth make up a complete itemized statement of all expenses for the
vear ending September thirtieth, copy of which last report shall be
delivered to the board of supervisors and the State highway commis-
sioner, and a copy posted on the front door of the county courthouse.

Sec. 20. The board of supervisors may enact such special and
local legislation in their county, not in conflict with the Constitutios
and general laws of the Commonwealth, as provided by an act t«
amend and re-enact an act, approved March sixteenth, nineteen hun-
dred and eighteen, entitled an act to empower boards of supervisors
to enact special and local legislation to protect the public roads and
bridges from obstruction, encroachment, and injury, to make viola-
tions of such enactments a misdemeanor, and provide penalties, as
they may: deem expedient to protect the public roads, ways and
bridges of said county from encroachment or obstruction, or from any
improper or exceptionally injurious use thereof; and any violation of
such enactments shall be deemed a misdemeanor and shall be punish-
able by fine of not less than five dollars nor more than one hundred
dollars for each offense. Public notice of such legislation by the board
of supervisors shall be given by posting a copy of such enactment at
each voting precinct in the county, and on the front door of the court-
house, not less than ten days before it is to go into effect, or by pub-
lishing a copy thereof at least once in a newspaper published in the
county not less than ten days before it is to go into effect.

The county road superintendent shall see to it that the public roads
of the county shall not be obstructed, or encroached upon by fences,
buildings, or any other obstruction of any manner or kind whatsoever,
and any encroachments, such as fences or buildings, which may exist
at the time of the passage of this act shall be required to be removed
within a reasonable time, which in no case shall exceed a period of
twelve months from the date notice has been given, and the county
road superintendent shall give notice, in writing, to any person or per-
sons so obstructing or encroaching on said road and the said notice
shall be made a matter of record by the clerk of the board of super-
visors and shall set forth the date or time limit when said obstruction
or encroachment shall be removed and the same shall be served by
the said county road superintendent on the person or persons affected,
and in case failure to remove said obstruction or encroachment within
the specified time named in said notice, then the said road superin-
tendent is hereby empowered and required to move said fences or
buildings, or other obstruction, at the county’s expense and proceed to
collect the same from the individual, or individuals, the same as any
other debt, together with all costs, and in addition thereto, there shall
be imposed a fine against said party or parties of not less than five
dollars nor more than one hundred dollars, and all money so collected
shall be turned into the county road fund of the magisterial district
in which such obstruction or encroachment occurred. Any proceed-
ings for violations of this section shall be instituted before a justice
of the peace.

Sec. 21. The county road superintendent, or any road foreman
under his supervision, may take from any convenient place, so much
wood, stone, gravel, or earth as may be necessary to be used in con-
struction or repairing any road, bridge or causeway therein; and may
for the purpose of draining the roads, cause a ditch to be cut througt
any land adjoining same, provided such wood or other articles be not
taken or any ditch cut through any vard or garden without consent o!
the owner.
Sec. 22. Ifthe owner or tenant of any such lands shall think him-
self injured thereby, a justice of the peace, upon application to him.
shall issue a warrant to three free-holders requiring them to view the
said land and ascertain what is a just compensation to such owner or
tenant for the damage due him by reason of anything done under the
preceding section. The said free-holders after being sworn, shall ac-
cordingly ascertain such compensation and report the same to the
board of supervisors and a warrant shall be issued by them for this
amount to the injured party, but said amount shall be paid out of the
magisterial district in which the damage occurred.

Sec. 23. The board of supervisors of Carrolf county shall annually.
when it makes it annual.levy for other purposes, levy and appropriate
for general road purposes under this act, a tax upon all property liable
to county and district tax which shall be applied’to the construction.
working, keeping in order and repairing of the public roads and
bridges and also for purchasing all necessary road machinery, imple-
ments, tools, et cetera, as provided in this act, including compensation
and any other charge in connection and incident to the office of the
county road superintendent; road foremen and all subordinates ap-
pointed or employed by the county road superintendent, or by the
board of supervisors a tax, not less than forty cents nor over sixty-
five cents, upon every hundred dollars in value of all property liable
to county and district road tax, and the same shall be collected by the
treasurer of the county as other levies are collected, and be accounted
for, and applied as road funds under this act, as if it were county
levy, except that the funds collected from each magisterial district
shall be kept separate and apart by the county treasurer and the funds
so collected in each magisterial district shall be applied to the con-
struction, working and keeping in repair the roads and bridges in such
districts, except as hereafter provided by section twenty-five of this
act, and all of said funds shall be expended upon the order of the
board of supervisors, and the said board of supervisors shall make
monthly payments to all persons so employed and for all other costs,
and monies expended in cohnection with any and all work on roads.
bridges, et cetera, of the county.

The said board of supervisors shafl have the right to make the
rate of tax on each one hundred dollars in value of said property
different in each magisterial district in said county and the said board
is authorized to direct any balance that may remain at the end of
any fiscal year of the county fund or levy to be expended and appro-
priated on the roads by the said county superintendent or board ot!
supervisors, in addition.to the. funds arising and coming into the
treasury by this act.

Sec. 24. The board of supervisors are authorized, empowered anc
required, as soon as practical, to purchase, out of the county roa
funds, a complete rock crusher outfit, steam engines, steam roller. e
cetera, which should be of the kind, size and type best suited for gen
eral road work; before making purchase, they shall confer with the
State highway commissioner and be governed by his recommendatior
in their selection, which shall be the property of the county and may
be used in any magisterial district of said county, at the will of the
county road superintendent.

Sec. 25. The compensation of the county road superintendent and
all other charges incident to said office, and also heavy road machinery,
such as rock crusher outfit, rollers, et cetera, purchased or employed
for general use in all districts of the county shall be paid for out of
the general county road funds without regard to the individual dis-
tricts. All road machinery, such as tractors, implements, tools and
material purchased exclusively for use in a particular district, shall
be paid for out of the funds of the magisterial district in which the
same is to be used, and the remainder of the county road funds shall
be expended on the public roads and bridges in the various magis-
terial districts to which said funds belong, in accordance-with the
importance, travel and traffic thereon; and in the maintenance, con-
struction and repair of said public roads and bridges, preference shall
be given in accordance to importance, travel and traffic thereon.

Sec. 26. The board of supervisors of Carroll county shall have
original jurisdiction to open, establish, alter, change, discontinue and
build all roads and bridges in the county of Carroll in connection with
the county road superintendent, except where it may be in conflict
with the powers of the State highway commission and the roads com-
ing under their jurisdiction under the State laws.

Sec. 27. Every petition or application to open, establish, alter or
change any public or private road must first be presented to the super-
visor of the district in which the road is or is proposed to be located,
who shall then endorse thereon his approval or disapproval of the
same and date and sign the same, the petition or application shall
be laid before the board of supervisors at its next mecting, the board
shall have authority to appoint five free-holders of the district in
which the road is located or is proposed to be located, any three of
whom may act, to view and examine such roads or route and report
upon the expediency of changing or altering the location of any road
or opening any new road, the viewers may recommend a new or dif-
ferent route; the viewers shall first be sworn to perform their duties
impartially and to the best of their judgment-and if the viewers decide
that the public convenience requires the establishment of such new
road, or the alteration or change of such old road, they shall lay out
the same, having respect for the shortest distance and the best loca-
tion, and shall make their report in writing to the next mecting of the
board of supervisors, shall assess the damage done to the land through
which the road passes, taking into consideration the advantage to
be derived from the road passing through the land, and shall state the
names of the tenants and proprietors of the land on which it is pro-
posed to establish or alter such road, which of them require compen-
sation, and what would be a just compensation to them. In all cases
where further notice and service of process or summons have been
waived by the proprietors or tenants or by attorney, the board shall,
at the same meeting, to which said report is returned, determine the
question of establishing or altering such road, and hear testimonv
and fix upon a just compensation to the proprietors or tenants for the
land proposed to be taken and the damage accruing therefrom. But
in the event of further notice and service of process or summons have
not been waived as herein provided, unless the opinion of the board be
against establishing or altering such road, the board shall require its
clerk to issue process to summons the proprietors or tenants oi the
lands on which it is proposed to establish or alter such roads to the
next meeting of the board, to show cause against establishing or
altering such road, if any they can, but such process shall not be
necessary, nor shall process issue, as to any proprietors or tenants who
have in the manner hereinbefore provided waived or acknowledged
service of such process, or claims no damage.

Upon return of said process, duly executed as to all-of the said
proprietors or tenants who have not waived or acknowledged service
of the same, defense may be made to the said proceeding by any party.
and the board of supervisors may, in its discretion, hear testimony
touching the expediency of establishing or altering the road, the super-
visors may limit the number of witnesses they will hear for and
against establishing the road or making the proposed changes. Upon
such hearing, unless the board be of the opinion that the road ought
not to be established or altered, it shall proceed to fix a just compen-
sation to the proprietors or tenants for the land proposed to be taken,
and the damage accruing therefrom. But if any tenant or proprietor
desire it or the board see cause for so doing, it may appoint five
disinterested free-holders of the county ax commissioners (any three
of whom may act) for the purpose of ascertaining a just compensation
for the land to be used for such road, after which the same proceed-
ing shall be had, as provided for the commissioners for a like purpose
under the general road law of the State. If the board of supervisors
be of the opinion that the road should not be opened or change made,
then all costs incident to the application for such new road or changes
shall be paid by the applicant. No money to be paid for damage in
condemnation proceedings until road is accepted or completed.
Viewers, commissioners and road foremen provided by this act shall
each receive not less than two dollars and fifty cents nor more than
four dollars per day for their services.

Sec. 28. The said board of supervisors shall have the right to
apply for and receive and make use of under this act, such State
money or convict aid as may be properly applicable to the county of
Carroll, under the general laws of the State on those subjects.

Sec. 29. Ten per centum of the money collected by this act shall
be expended annually in each magisterial district in making some
permanent piece or section of road, or building bridges or culverts of
a permanent nature, and the board of supervisors and the county road
superintendent, in selecting the particular piece or section of road.
bridge or culverts, on which the said money shall be spent. shall give
preference to the piece or section of road, bridge or culverts, where
the citizens or community interested, contribute the largest private
1920. | ACTS OF ASSEMBLY, 717

donation or fund to be spent in connection with the said county fund
on said piece or section of road, bridge or culverts, and the same shall
be expended on such work under the supervision of the county road
superintendent.

Sec. 30. The board of supervisors shall have power to remove
the county superintendent of roads at any time during his term of
office, for neglect of duty, malfeasance or misfeasance in office, or
incompentency, and the said superintendent shall be liable to prosecu-
tion for any neglect of duty or malfeasance or misfeasance in office,
and upon conviction, shall be fined in each case not less than five
dollars nor more than fifty dollars.

Sec. 31. The board of supervisors are hereby authorized to make
provision whereby the county road superintendent may issue war-
rants against the county and district road funds to pay for work on the
roads, bridges, et cetera, in such circumstances as said board of super-
visors may deem cases of necessity or emergency, all such warrants so
issued to be reported monthly by said county road superintendent to
said board of supervisors in order that they may be charged against
the proper funds, but in no case shall the total amount of warrants
issued exceed the sum of one thousand dollars in any calendar month.

Sec. 32. The supervisor of each magisterial district shall make a
personal inspection as often as may be deemed necessary, of all the
roads and bridges in his district, for the purpose of ascertaining
whether or not the road superintendent is performing the duties im-
posed on him by the provisions of this act and for this, as well as
any other necessary service rendered by him under this act, he shall
be paid five dollars per diem for not exceeding thirty days in any
one year. }

Sec. 33. The clerk of Carroll circuit court shall be the clerk of
the board of supervisors and the county road superintendent, under
this act, and for all services required of him by this act he shall be
paid annually not less than fifty dollars and not more than one hun-
dred dollars.

Sec. 34. The county road superintendent may remove any trees
standing on the right-of-way (width) of any public road which may
cause an injury or be a detriment to said road on account of shade or
otherwise or which may in anywise endanger or interfere with the
rights of the public; and he may also remove any limbs or portion
of any trees which may hang out or extend over the right-of-way
of any public road ‘which may cause an injury or be a detriment to
the road on account of shade or otherwise, or which may in any
wise interfere with the rights of the public; but before removing any
tree standing on the right-of-way of any public road, he shall, except
in an emergency case, give the owner of said land thirty days’ notice
of his intention so to do and his reasons therefor, giving the said
owner the opportunity of removing the said tree or trees himself in
case he should wish to do so; excepting that the said county road
superintendent shall not be permitted to remove any shade or orna-

mental or fruit trees at or in close proximity to any dwelling house
occupied as such without the permission of said owner.
Sec. 35. Except as otherwise provided in this act, the general
laws of this State relating to roads, shall be in all respects applicable
to the county of Carroll, and all special acts in conflict with this act
relating to the working and keeping in repair of the public roads and
bridges in Carroll county are hereby repealed, especially an act entitled
an act to amend and re-enact an act entitled an act to authorize the
board of supervisors .of the county of Carroll to let to contract the
roads of said county, and to levy a tax to keep same in proper repair,
as amended by an act approved February twenty-ninth, eighteen hun-
dred and ninety-two, and February second, eighteen hundred and
ninety-four, and acts amendatory thereof, respectively, January
twenty-second, eighteen hundred and ninety-eight, March seventh.
nineteen hundred, as amended by an act approved March fourteenth.
nineteen hundred and six, approved March sixteenth, nineteen hun-
dred and ten.

Sec. 36. An emergency existing, this act shall be in force from
its passage.