clause 57. Be it further enacted, That chapters thirty-seven and forty- Repealing six of the Code of Virginia, edition of eighteen hundred and sev enty-three, and all acts and parts of acts inconsistent with this act, be and the same are hereby repealed. 58. This act shall be in force from its passage. Commencem't AN ACT PRESCRIBING THE DUTIES, POWERS, LIABILITIES, AND COM- district officers 1. Be it enacted by the general assembly, That all district offi- Qualification of cers elected on the fourth Thursday in May, shall, on or before the first day of July next after their election, qualify by taking the oaths of office before the judge for the circuit or county court of his county, either in term time or vacation; and each district officer of whom a bond is required, shall, at the time of his qualification, enter into and acknowledge, before the court or judge before whom he qualifies, such bond, with sureties, to be approved by such court or judge; which bond shall conform to the requirements and be subject to the provisions of section six, chapter twelve of the Code of eighteen hundred and seventy-three; and after being acknowledged before said court or judge, shall be entered of record in the county court of the county in which such officer resides, and if said qualification and acknowledgment be in vacation, the fact thereof shall be certified, and the bond returned by said judge to the clerk of the county court, to be by him recorded as aforesaid, and the order of qualification and acknowledgment shall be entered as a vacation order; and for any failure on the part of the clerk to perform the duties required of him by this section, he shall forfeit not less than fifty nor more than one hundred dollars. visors 2. The supervisors of the several districts in each county, shall Board of superconstitute the board of supervisors for said county, and by the name of the board of supervisors of the county of [here insert the name of the county], may sue or be sued in relation to all matters connected with their duties as such board of supervisors. Meetings To recommend persons for 3. The board of supervisors of the several counties shall assemble at their respective courthouses on the first Wednesday in November, in each year, and proceed to discharge the duties hereinafter prescribed. 4. They may also hold special meetings, when necessary, at such times and places as they may find convenient, and shall have power to adjourn from time to time, as they may deem necessary; and at any meeting a majority of the supervisors entitled to a seat in the county board, shall constitute a quorum for the transaction of business. 5. The board of supervisors of each county, shall assemble at certain offices least ten days before the time fixed by law for the appointment of county surveyor and superintendent of the poor, and recommend to the county court suitable persons for those offices, and shall direct the clerk of the board to certify their action to the said court. Power to audit and settle ac 6. The board of supervisors of each county in this state shall have power, at the meeting on the first Wednesday in November in each year, or as soon thereafter as practicable— First. To audit the accounts of the county; to settle with the counts of coun- county treasurer his accounts for the year, in the manner prescribed ty officers by law; to settle with the sheriff his accounts upon the collection of fines or other moneys accruing and belonging to the county; to receive, audit, and approve the report and accounts of the superintendent of the poor; and generally to settle with any other officer who may have an account with the county, and to take such steps as may be necessary to secure a full and satisfactory exhibit and settlement of the affairs of the county. To examine books of commissioner of the revenue, &c To sell or exchange county property, &c Second. To examine the books of the commissioners of the revenue, and regulate and equalize the valuation of property. Third. To fix the amount of county levies for the ensuing year, from the information afforded by the above settlements; to order the levy on all persons over the age of twenty-one years, and on all property assessed with state tax within the county; or the order of levy may be a certain sum on all the male persons over the age of twenty-one years, and for a certain per centum upon the amount of state tax provided, however, that the capitation tax shall not exceed the sum of fifty cents. 7. The said board of supervisors of each county of the state shall have power at said meeting in November, or at any other legal meeting First. To sell or exchange the corporate property of the county; to purchase any such real estate as may be necessary for the erection of all necessary county buildings, and to provide a suitable farm as a place of general reception for the poor of the county, and to make such orders concerning such corporate property as now exists, or as may hereafter be acquired, as they may deem expe dient: provided that no sale of such corporate property shall be made except by public auction, due notice of the time and place of which shall be given by publication, for at least once a week for four successive weeks, in some newspaper published in the county, if there be one so published, and by handbill posted at the front door of the courthouse. If there be no newspaper published in the county, the notice of the time and place of such sales shall be given by handbills posted at the front door of the courthouse, and at each voting precinct of the county, for at least four weeks prior to such sale; and all sales, exchanges, and purchases of corporate property made by the board of supervisors, shall be subject to the approval and ratification of the county court: and provided further, that it shall not be lawful for the judge of the county court, or for any supervisor of the county, to be personally and pecuniarily interested, either directly or indirectly, in any such sale, exchange, or purchase of corporate property made by the board of supervisors of such county. In the event of any member of the board of supervisors, or judge, being interested in the sale or purchase of the property, the said member or judge shall not act. But this section shall not be so construed as to deprive the county judge of the power to control the courthouse, which shall be construed to mean the courtroom, jury rooms, and clerk's office of his county or counties, and to designate the manner and purposes for which the same shall be used, or (when not done by the board of supervisors) to make such repairs thereto as he may deem necessary. sue warrants Second. To examine, settle, and allow all accounts chargeable To examine accounts against against such county, and when so settled, they may issue county county and iswarrants therefor, as provided by law. But the board of supervi sors of any county shall not issue in any one year a greater amount of county warrants than the amount of county tax levied in such county for such year; and no interest shall ever be paid by any county on any county order. Buildings buildings, &c Third. To build and keep in repair county buildings. Fourth. To cause the county buildings to be insured in the name May insure of the board of supervisors of said county, and their successors in office, for the benefit of the county, if they shall deem expedient; and in case there are no public buildings, to provide suitable rooms for county purposes. for county purposes Fifth. To direct the raising of such sums of money as may be To raise money necessary to defray the county charges and expenses, and all necessary charges incident to or arising from the execution of their lawful authority, if the same has not been provided for at the November meeting, and is necessary under the circumstances. Sixth. To represent the county, and to have the care of the To represent county in all county property, and the management of the business and con- cases cerns of the county, in all cases where no other provision shall be made. General duties Seal, meetings, &c Chairman Duties What accounts to be allowed Seventh. To perform all other acts and duties which may be authorized and required by law, not embraced in this act. 8. The board of supervisors of every county may have a seal, and may alter the same at pleasure. They shall sit with open doors, and all persons conducting themselves in an orderly manner may attend their meetings. They may require the sheriff of the county, in person, or, at his option, one of his deputies, to attend their meetings and preserve order, or discharge such other duties as may be necessary to the proper dispatch of the business before them; and for his services in this behalf, the officer rendering them shall be entitled to a compensation, to be ascertained by the board and paid out of the county levy, not exceeding two dollars per day, or ten dollars per annum. All questions submitted to the board of supervisors of any county for decision under the provisions of this act, or of any law of the state, shall be determined by a vote of a majority of the supervisors present: provided that in any case in which there shall be a tie vote of the board of supervisors of any county upon any such question, it shall be the duty of the clerk of such board to certify such fact to the judge of the county court of such county, who shall thereupon attend the meeting of such board, and the vote of such board shall be again taken upon such question, and if the number of the votes of the supervisors present cast in the affirmative be equal to that cast in the negative, it shall be the duty of such judge to give the casting vote, and thereby decide such question; whereupon the proper order or ordinance, in execution of such decision, shall be entered by the clerk; and any decision, order, or ordinance so determined, entered, or made, shall be as binding and valid, to all intents and purposes, as if the same were determined, entered, or made upon the votes of all or a majority of such board. 9. They shall, at their first meeting after their election, choose one of their number as chairman, who shall preside at such meeting, and at all other meetings during the year, if present; but in case of his absence from any meeting, the members present shall choose one of their number as temporary chairman. 10. Every chairman shall have power to administer an oath to any person concerning any matter submitted to the board or connected with their powers or duties; and he shall countersign all county warrants. 11. No account shall be allowed by the county board of supervisors, unless the same shall be made out in separate items, and the nature of each item specifically stated; and where no specific fees are allowed by law, the time actually and necessarily devoted to the performance of any service charged in such account, shall be verified by affidavit, to be filed therewith. The attorney for the commonwealth shall represent the county before said board; and it shall be his duty to resist the allowance of any claim which is unjust, or not before the board in proper form and upon proper proof, or which for any other reason ought not to be allowed; and when any claim has been allowed by said board against the county, which is, in the opinion of said attorney, improper or unjust, or from which he shall be required to appeal by any six freeholders of the county, the said attorney shall appeal from the decision of such board to the county court of said county, causing a written notice of such appeal to be served on the clerk of such board within thirty days after the making of such decision, and giving the party in whose favor the said claim may have been allowed, like notice of thirty days after the making of such decision; except that in case where the decision complained of is upon an order made by the county court, or the judge thereof, or in a case where said judge gives the casting vote of said board, or in a case involving the constitutionality or validity of an ordinance or by-law of a corporation, the appeal may be taken to the circuit court having jurisdiction over said county or corporation. disallowed 12. Nothing in the preceding section shall be construed to pre- When accounts vent any such board from disallowing any account, in whole or in part, when so rendered and verified, nor from requiring any other or further evidence of the truth and propriety thereof as they may think proper. board to coun ty court, &c 13. When any claim of any person against a county shall be dis- Appeal from allowed, in whole or in part, by the board of supervisors, it shall be the duty of the clerk of said board, if such person be not present, to serve a written notice of such disallowance upon said person; any such person may appeal from the decision of such board to the county court for the same county, by causing a written notice of such appeal to be served on the clerk of such board within thirty days after the making of such decision, or the service of notice of said disallowance by the clerk, and executing a bond to such county with sufficient security, to be approved by the clerk of said board, conditioned for the faithful prosecution of such appeal, and the payment of all costs that shall be adjudged against the appellant by the court; except that in a case where the decision complained of is upon an order made by the county court, or the judge thereof, or in a case involving the constitutionality or validity of an ordinance or by-law of a corporation, the appeal may be taken to the circuit court having jurisdiction over said county or corporation. 14. That the clerk of the board, upon any appeal being taken, Duty of clerk shall immediately give notice to the attorney of the commonwealth, and shall make out a brief return of the proceedings in the case before the board, with their decision thereon, and shall file the same, together with the bond and all the papers in the case in his possession, with the clerk of such court; and such appeal shall be entered, tried, and determined, the same as appeals of right from an order |