road subdistrict meeting to be paid for by the road fund of the latter; and, to the end of making and keeping all of such roads, which are of clay or soil other than sand, higher in the centre than on each side and smooth, such road surveyor shall either by contract or by force account, as may be determined by the board of supervisors, to be paid for by the county and district road fund, drag all of the roads assigned to him. which are of clay or soil other than sand, immediately after a thaw and heavy rains, not less than an average of once per month, with a twohorse team and a drag, or rut scraper, to be made and operated in accordance with plans and specifications which will be furnished him on application (which he shall make) to the State engineer.

16. The chairman and secretary of each road subdistrict and the road surveyor thereof shall have the following duties and powers, respectively: 1a. The chairman shall call annual and special road district meetings of his road district as provided by the by-laws thereof and by law.

2a. The chairman and secretary shall examine all claims against their road subdistrict, and when approved pay the same by warrants drawn on the subdistrict treasurer; signed by the chairman and countersigned by the secretary, payable to the person entitled to recover such money and stating on its face the purpose or service for which it is paid. And they, and the surveyors of roads, or either of them, requested so to do, shall report any matter required by the State engineer and the board of supervisors of their county, and perform such other duties as may be prescribed by their road subdistrict meetings, the board of supervisors of their county, and which may be imposed by law.

17. This act is intended as supplementary to the existing general road laws, and such other general road laws as may be hereafter enacted, and shall be interpreted so as to operate in harmony therewith, and it shall be the duty of the State engineer to make such rules and regulations, not inconsistent with this act, as may be necessary to carry into effect the provisions thereof.

18. It shall be the duty of the State engineer to cause to be made plans and specifications of inexpensive drags or rut scrapers to consist of the two parts of a split log of timber, suitably fastened together so as to be parallel to each other a suitable distance apart; or of oak plank four inches thick and ten inches wide, faced with a cutting edge of steel or iron and bevelled at the back with a heavy stick of timber fastened to back of such plank by means of chains about thirty inches in length; or two pieces of railroad iron fastened by iron rods; or of other suitable material and construction, and with specifications as to operation of same so that the drag, or rut scraper, will not be drawn over the roads at right angles thereto, but at an angle of thirty to forty-five degrees, and such State engineer shall have printed a sufficient number of such plans and specifications and furnish each road surveyor elected or appointed under this act with a copy thereof.

19. Any member of any board of supervisors, treasurer, clerk, State engineer, road surveyor, chairman, treasurer, or clerk of any road subdistrict failing or refusing to comply with any provision of this act, shall upon conviction be deemed guilty of a misdemeanor, and be punished by a fine not exceeding one thousand dollars.

CHAP. 309.-An ACT to provide for the appointment of an auditing commit. tee and to appropriate money to pay the expenses of same.

Approved March 17, 1906.

Whereas section sixty-eight of the Constitution of Virginia makes it mandatory that the general assembly shall, at each regular session, appoint a standing committee consisting of two members of the senate and three members of the house of delegates, which shall be known as the auditing committee; therefore,

1. Be it enacted by the general assembly of Virginia, That at each regular session of the general assembly the president of the senate shall appoint two members of the senate and the speaker of the house of delegates shall appoint three members of the house of delegates, who, together, shall constitute an auditing committee, whose duty it shall be to examine annually, or oftener, in its discretion, the books and accounts of the first auditor, the State treasurer, the secretary of the Commonwealth, and other executive officers at the seat of government, whose duties pertain to auditing or accounting for the State revenue, and to report the result of its investigations to the governor, and to cause the same to be published in two newspapers of general circulation in the State. The committee may sit during the recess of the general assembly, and may adjourn from time to time until its work is completed. Each member of the committee shall receive the same pay per day that a member of the general assembly receives, except that he shall be paid only for the actual number of days on which he is employed in attending the committee meetings, or is doing work authorized by the committee.

Members shall be allowed their actual necessary expenses in attending meetings of the committee. The committee shall have power to employ one or more expert accountants to assist in its investigations.

The sum of two thousand dollars, or as much thereof as may be necessary, is hereby appropriated out of the funds of the State not otherwise appropriated to pay the expenses of the aforesaid auditing committee.

An emergency existing, in that this committee shall be appointed during the present session of the general assembly, therefore this act shall take effect from its passage.

CHAP. 310.-An ACT to amend and re-enact section 5 of chapter 8 of an act concerning public service corporations, approved January 18, 1904.

Approved March 17, 1906.

1. Be it enacted by the general assembly of Virginia, That section five of chapter eight of an act concerning public service corporations, approved January eighteenth, nineteen hundred and four, be amended and re-enacted so as to read as follows:

$5. Receipt and transmission of dispatches.-It shall be the duty of every telegraph company doing business in this State to receive and transmit dispatches from and for other telegraph or telephone companies or

lines, and from and for any person, upon the payment of the usual charges therefor, if such payment is demanded; to transmit the same faithfully, impartially, with substantial accuracy, as promptly as practicable, and in the order of delivery to the said company. For every failure to transmit a dispatch and for every failure to transmit a dispatch faithfully, impartially, or with substantial accuracy, and for every failure to transmit a dispatch as promptly as practicable, or in the order of its delivery to the company, the company shall forfeit the sum of one hundred dollars to the person sending or offering to send such dispatch, or to the person to whom it was addressed: provided, however, that not more than one recovery shall be had on one dispatch, and the recovery by one party entitled thereto shall be a bar to the recovery of the other party. But nothing herein shall prevent any such company from giving preference to dispatches on official business from or to officers of the United States or the State of Virginia, or from making arrangements with proprietors or publishers of newspapers for the transmission to them for publication of intelligence of general and public interest out of its regular order.

2. It shall be the duty of every telephone company doing the business of transmitting and receiving messages for compensation in this State to receive dispatches and messages from and for other telephone or telegraph companies or lines doing the business of receiving and transmitting messages for compensation, and from and for any person; and upon the payment of the established charges therefor, if demanded, to transmit the same faithfully and impartially, and as promptly as practicable, and in the order of delivery to the said company. For every failure to transmit a dispatch or message faithfully and impartially, and for every failure to transmit a dispatch or message as promptly as practicable, or in the order of its delivery to the company, the company shall forfeit the sum of one hundred dollars to the person sending or wishing to send such dispatch or message: provided, however, not more than one recovery shall be had on one dispatch or message, and the recovery by one party entitled thereto shall be a bar to the recovery of the other party. But nothing herein shall prevent any such company from giving preference to dispatches or messages on official business from or to officers of the United States or the State of Virginia, or from making arrangements with proprietors or publishers of newspapers for the transmission to them for publication of intelligence of general and public interest out of its regular order.

CHAP. 311.-An ACT to appropriate money to furnish the office of the secre tary of the Commonwealth.

Approved March 17, 1906.

1. Be it enacted by the general assembly of Virginia, That the sum of forty-six hundred dollars, or so much thereof as may be necessary, is hereby appropriated out of any money in the State treasury not otherwise

appropriated to furnish the offices of the secretary of the Commonwealth with metal file cases, book cases, and other necessary and suitable furniture and appliances.

2. The said furniture shall be purchased by the secretary of the Commonwealth on contracts to be approved by the governor and payment therefor shall be made by warrant of the auditor of public accounts on the State treasurer, which warrants shall be issued by the said auditor on the order of the secretary of the Commonwealth, approved by the governor, which order shall be accompanied by itemized account of articles to be paid for.

3. The furniture to be purchased under this act shall be neat, substantial, and in keeping with the other furnishings in the capitol building.

4. The old furniture in the office of the secretary of the Commonwealth, or such thereof as is not retained, shall be sold by the said secretary and the proceeds thereof used in the purchase of new furniture.

CHAP. 312.—An ACT to amend section 12 of the charter of the town of Windsor, Virginia.

Approved March 17, 1906.

1. Be it enacted by the general assembly of Virginia, That section twelve of the acts of the assembly of Virginia, session of nineteen hundred and one and nineteen hundred and two, chapter two hundred and thirty-seven, be hereby amended and re-enacted so as to read as follows:

$12. The council is hereby authorized to lay, collect, and apply a general levy not exceeding thirty cents on each hundred dollars' worth of property at its assessed value. The said council may also levy and collect a capitation tax not exceeding fifty cents per capita.

2. All acts or parts of acts in conflict herewith are hereby repealed.

CHAP. 313.-An ACT to authorize the mayor and council of the city of Williamsburg, in the county of James City, Virginia, to dispose of the jail lot with the buildings thereon in said city, and to pass title to same.

Approved March 17, 1906.

1. Be it enacted by the general assembly of Virginia, That the mayor and council of the city of Williamsburg be, and they are hereby, authorized and empowered to make sale of the lot of land situate in said city known as the "jail lot," on which is located the jail building now used by said city and by the county of James City, said sale to be made at public auction in front of the courthouse door of said city, after advertising the same for at least thirty days by written or printed notices posted at said courthouse door and at two or more other public places in said city, upon such terms as may be prescribed by said council: provided, however, that said sale shall not be made except by a two-thirds vote of

the members elected to said council: and provided, further, that said property shall not be sold until there has been provided and accepted for use by the city of Williamsburg and county of James City a suitable and convenient jail. The proceeds from such sale to be used by said council in the construction of a new jail.

2. The mayor of the said city is hereby authorized and empowered to execute and deliver to the purchaser of said property a good and sufficient deed attested by the clerk of said council with the corporate seal of said city, conveying the said lot, when thereunto requested by said council and subject to the provisions hereinabove set forth.

CHAP. 314.-An ACT to amend and re-enact section 11 of an act entitled an act to establish a dispensary for the sale of intoxicating liquors in Jerusa lem magisterial district, Southampton county, Virginia, to prohibit all persons, firms, or corporations, except manufacturers of apple and peach brandy within said district to sell, barter or exchange such liquors in said district, and to repeal all laws in conflict with this act, so far as they apply to the said district, approved February 15, 1901, as amended and re-enacted by an act approved May 15, 1903.

Approved March 17, 1906.

1. Be it enacted by the general assembly of Virginia, That section eleven of an act entitled an act to establish a dispensary for the sale of intoxicating liquors in Jerusalem magisterial district, Southampton county, Virginia, to prohibit all persons, firms, or corporations, except manufacturers of apple and peach brandy within said district, to sell, barter, or exchange such liquors in said district, and to repeal all laws in conflict with this act, so far as they apply to said district, approved February fifteenth, nineteen hundred and one, as amended and re-enacted by an act approved May fifteenth, nineteen hundred and three, be amended and re-enacted so as to read as follows:

$11. The net profits accruing from this dispensary shall be distributed at least once in every six months and in the following manner: Oneeighth thereof shall be paid to the State of Virginia, three-eighths to the town of Courtland, Virginia, three-eighths to the public schools of Jerusalem magisterial district, Southampton county, Virginia, and one-eighth to the public schools in the town of Courtland, Virginia. At each such semi-annually distribution of such profits an itemized statement of the receipts and disbursements of the treasurer shall be spread upon the books of the treasurer, and he shall at the same time transmit copies of such statement to the attorney for the Commonwealth of Southampton county, the chairman of the board of school trustees of Jerusalem magisterial district and the council of the town of Courtland, Virginia.