Chap. 515.—An ACT to amend and re-enact section 2110 of the Code of
Virginia, as amended by chapter 402, Acts of Assembly 1920, and to
amemnd and re-enact sections 2111, 2112, 2113, 2114, 2115, 2116, 2117, 2118,
2119, 2120, 2121 and 2122 of the Code of Virginia,.in relation to county
bonds for road and bridge construction and improvement, and to repeal
all acts in so far as the same are in conflict. [S B 195]

Approved March 28, 1922.

1. Be it enacted by the general assembly of Virginia, That sec-
tion twenty-one hundred and ten of the Code of Virginia, as amended
by chapter four hundred and two, acts of assembly, nineteen hundred
and twenty, and also sections twenty-one hundred and eleven, twenty-
one hundred and twelve, twenty-one hundred and thirteen, twenty-one
hundred and fourteen, twenty-one hundred and fifteen, twenty-one
hundred and sixteen, twenty-one hundred and seventeen, twenty-one
hundred and eighteen, twenty-one hundred and nineteen, twenty-one
hundred and twenty, twenty-one hundred and twenty-one and
twenty-one hundred and twenty-two, be and the same are hereby
amended and re-enacted so as to read as follows:

Sec. 2110. Circuit court to order election upon petition; time of
election; what the order must show.—Bonds may be issued by any
county for the purpose of constructing, macadamizing or otherwisc
permanently improving the public roads and for building bridges
therein, upon the conditions hereinafter provided.
The circuit court of the county, or the judge thereof in vacation.
upon the petition of a majority of the board of supervisors of said
county, or upon the petition of one hundred and fifty freeholders of
said county, shall make an order, requiring the judges of election at
the next regular election, 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 county
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 constructed, macadam-
ized or permanently improved to be named in the order. But no
election shall be ordered until the State highway commissioner, or
his representative, shall report to the court that the amount of
bonds proposed to be issued will be approximately sufficient to con-
struct or improve the road set out in the order. The estimated cost
of each road, or part thereof, shall be set out in the order of the
court for expenditures solely on said road or part thereof, and said
order shall also designate the location of such roads as are to be
constructed or improved, and of such bridges as are to be built, and
the maximum amount of bonds to be issued, which shall, including
all bonds previously issued and remaining unpaid, in no case exceed
an amount in excess of ten per centum of the total taxable values
at the time of the county in which the road or roads and bridge or
bridges are to be built or permanently improved, not including in-
tangible personalty ; but in the county of Mathews such bonds may
be issued to an amount not in excess of fifteen per centum of the
total taxable values at the time of the said county.

Sec. 2111. Who can vote at such election—When an election for
the purpose of issuing bonds is held at any other time than at a
regular election, the qualified voters at any such special election
shall be the same as those provided by general law for special elec-
tions, and when held at a regular election, the qualification of voters
shall be the same as those who can vote at such regular election.

The qualified voters in any incorporated town situated in any
county shall be entitled to vote at any such election if otherwise
qualified. ;

Sec. 2112. Duty of election officers; voting ; duty of the judges.—
The regular election officers of said county at the time designated in
the order authorizing the vote, shall open polls at the various voting
places in the said county, including the polls at the voting places in
the incorporated towns located within such county, and shall con-
duct such election and close the polls in such manner as is provided
by 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 written 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,
“Against bond issue.” The ballots to be used in such election shall
be printed and furnished by the county election officials as in regular
elections. ,

The judges of election at the several voting places shall, immedi-
ately 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 returns thereof, as is provided in other elections.

Sec. 2113. Duty of commissioners of election.—The commission-
ers of election of said county shall, within two days after the judges
of election have made returns of the poll books and ballots as afore-
said, 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 thereof to the circuit court.

Sec. 2114. Results of the election.—If it shall appear by the re-
port of the commissioners that a majority of the qualified voters of
the county voting upon the question is in favor of issuing the bonds
for the purpose aforesaid, the circuit court, or the judge thereof in
vacation, shall at its next term enter of record an order requiring
the supervisors of the county to proceed at their next meeting to
carry out the wishes of the voters as expressed at the said election.

Sec. 2115. Contested election ; how complaint filed; proceedings.—
Whenever the sense of the qualified voters of the said county shall
be taken on the question whether the board of supervisors shall issue
bonds for the purpose aforesaid, the said election and returns shall
be subject to the enquiry, determination and judgment of the circuit
court of the county in which such election was held, upon the written
complaint of twenty-five or more of the qualified electors of such
county of an undue election or 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 judging of
such election and returns, proceed upon the merits thereof and de-
termine concerning the same according to the Constitution and laws
of this State; and such complaint shall not be valid unless it shall
have been filed within thirty days after the said election in the clerk’s
office of the said circuit court.

The board of supervisors shall be made a defendant by summons
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 complainants shall be sufficient. The court
shall proceed at its next term after service of such summons or
notice to determine the contest without a jury on the evidence, oral
or written, unless good cause be shown for a continuance, and shall
make a proper record of its judgment. If the judgment be that the
election is a valid one, in favor of issuing bonds, the court shall make
an order in conformity with the preceding section.

Sec. 2116. Duty and powers of the supervisors; bonds must be
sold not lower than par; issuance of bonds.—The board of super-
visors at their meeting, or as soon thereafter as practicable, shall
determine what amount of bonds, not exceeding the maximum afore-
said, shall be issued, and shall enter of record the amount so deter-
mined. They shall have power to appoint an agent or agents to
negotiate a loan or loans, or to sell said bonds, and to pay said agent
or agents a commission for negotiating said sale not to exceed three
per centum of the amount of bonds sold by them, or to pay such
sum to the purchaser of said bonds, provided that said bonds shall
be sold to be paid for in lawful money only, and shall not be sold
at less than par value. When such a loan has been negotiated, or
bonds sold, the board of supervisors shall issue said bonds, which
may be registered or with coupons attached, as the board of super-
visors may prescribe; said bonds shall be signed by the chairman
and countersigned by the clerk thereof; shall be in denominations
of one hundred dollars, or some multiple thereof, shall bear interest
at the rate not exceeding six per centum, payable semi-annually, both
principal and interest to be payable at such place or places as may
be determined by the board of supervisors, and shall be payable not
exceeding thirty-four years from the date thereof, but may, in the
discretion of said board, be made redeemable at such time or times,
within such period or periods, as the said board may prescribe and
stipulate upon the face of the bonds when issued. The board shall
deliver them to the treasurer of the county, who shall deliver said
bonds upon the payment 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 for which they were intended and none other. The
board of supervisors 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 specified, 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 sink-
ing fund for the payment of the principal of said bonds.

Sec. 2117. To lay levy for’ redemption of bonds and upkeep of
roads.—After the order of the board of supervisors has been made
under section twenty-one hundred and fourteen hereof, when the
next levy is made or tax imposed in said county, a special tax shall
be levied on all property liable to county and district tax in said
county including such property located in, or the situs of which, for
purposes of taxation, is within the limit of any incorporated town
situated within such county, sufficient to pay interest on the bonds
so issued or to be 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 not less than three per centum on the
amount of bonds issued, or in lieu thereof, an amount equal to the
amount raised from said additional levy may be raised by other
means now provided for by law, or which may hereafter be provided
by law, which sum shall be expended under the direction of the
State highway commissioner and of the local road authorities in the
maintenance and upkeep of the roads constructed and improved here-
under, and from year to year said levy or assessment shall be made
until the debt and interest are paid; and provided, further, that no
tax upon intangible personal property for any of the purposes of this
section shall be levied.

Sec. 2118. For what purpose sinking fund shall be used; bonds
not to be reissued—The board of supervisors is authorized and em-
powered to apply any part or all of said sinking fund to the payment,
if redeemable by their terms, or to the purchase of any of said bonds
at any time, and all bonds so paid off or purchased by said board
of supervisors shall be immediately cancelled, and shall not be re-
issued, and the board of supervisors is authorized and empowered
to lend out, upon real 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 and taxes for road construction and maintenance herein
authorized, 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 shall become subject to call; but no
money to the credit of said sinking fund shall be loaned out or
deposited or invested by the said board of supervisors unless said
loan, deposit or investment shall be first approved by the circuit
court of said county, or the judge thereof in vacation, and the form
of the security be examined and approved by the Commonwealth's
attorney of said county, which approval shall be entered of record
in the law order book of said court.

The amount levied and set apart as a sinking fund and the in
terest accruing thereon shall be used for the payment of the prin-
cipal of said bonds and for no other purpose.

The treasurer shall not be liable for any fund herein provided for
that shall be lost while on deposit made by order of the board of
supervisors with any bank or banks, or when invested in any real
estate security as provided herein, but the board of supervisors may
require of any such bank a bond, with a corporate or other surety,
to secure such deposit.

Sec. 2119. Notice of redemption of bonds.—When the said county
wishes to redeem any of its outstanding bonds, subject to call, issued
under the provisions of this chapter, it may, through the chairman
of the board of supervisors, give notice of its readiness to do so to
the holder in person, 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 each bond and fix a day for its presentation for payment,
which shall not be less than ten days from the date of personal ser-
vice of the 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 redemption,
interest thereon shall cease from that day.
Sec. 2120. Proceedings of the board of supervisors, et cetera.—
The board of supervisors of the county shall apply to the State high-
way 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 advertisement for bids
for at least two consecutive weeks in a r:wspaper having a general
circulation in such county, and in such publication as the State high-
way 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 may award such contract to the lowest re-
sponsible bidders.. Such commissioner and board of supervisors 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 shall furnish
the material and perform the work upon the terms proposed, within
the time prescribed and in accordance with the plans and specifica-
tions. Partial payments may be provided for in the contract and
paid in the manner herein provided when certified to by such com-
missioner or road engineer approved by him to an amount not ex-
ceeding 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 open to the public. The
said contractor shall conform to all reasonable regulations and di-
rections of the said highway commissioner or road engineer. The
board of supervisors shall have no power or authority to expend the
money derived from the bond sales as aforesaid except to pay for
materials furnished and work done under the supervision provided
for in this chapter. ,

Sec. 2121. Board of supervisors, et cetera, and State highway
commissioner acting jointly—The board of supervisors and the State
highway commissioner, acting jointly, in their discretion, may
authorize the purchase of the necessary machinery and supplies and
build or permanently improve such roads on account of the county
making the bond issue authorized in this chapter, but such work shall
be done under the same supervision as is provided in case the work
is done by contract.

Sec. 2122. Elections—No election upon the question of the is-
suance of bonds under this chapter shall be held oftener than once
in any calendar year for the same county. ;

2. All acts and parts of acts, general or special, in so far as the
same are in conflict herewith, are hereby repealed; provided, that
this act shall not affect the existing law where in any proposed bond
issue for county road improvement or construction, application has
1922. ] ACTS OF ASSEMBLY. 901

been made for an election thereon as provided for in such existing
law; provided, that if such application has heretofore been made
under the provisions of the general law, as herein amended and re-
enacted, all proceedings taken hereafter in connection with any such
bond issue shall be taken under the law as hereby amended and re-
enacted, and all limitations, restrictions and provisions of this law
shall be applicable thereto, except in so far as such proceedings may
already have been taken under said sections as they existed before
this amendment.

3. The invalidity of any clause or clauses or parts thereof of
this act shall not affect any other part of this act, but such invalid
parts shall be deemed to be stricken therefrom and to form no part
of this act.

4. By reason of the necessity for the issuance of bonds in the
several counties of this State, in order properly to carry on county
highway work, an emergency is hereby declared to exist, and this
act shall be in force from its passage.