Chap. 103.—An ACT to provide for the working and keeping in repair
the public roads in the counties of Alleghany, Bath and Highland.

Approved February 12, 1884,

1. Be it enacted by the general assembly of Virginia, That
on and after the first day of July, eiyhteen hundred and
eiyhty-four, the boards of supervisors of the counties of Alle-
vluany, Bath and Highland shall take charge of and have
worked and kept in repair all public roads and bridges here-
totore or hereatter established within the limits of said coun-
ties respectively, and for this purpose the said boards of
supervisors are respectively authorized and empowered to
levy a road tax not exceeding in any year ten cents upon the
one hundred dollars of assessed taxable values in said coun-
tics, and to adopt such regulations as do not conflict with the
laws now in force as may be necessary to secure the proper
working of roads in said counties.

2. The said boards of supervisors shall, as soon after the
ust day of July, eighteen hundred and eighty-four, ag may
he practicable, appoint one commissioner of roads for each
Mavisterial district in said counties, who shall qualify before
the county courts of said countics by taking the usual oaths
of office, and sball continue as such until their successors are
duly qualified. The term of said commissioner of roads shall
he one year, and shall commence on the said first day of July
of cach year, and atter the first appointment under this act,
they shall he appointed at the meetings of said board next
preceeding that day. The said commissioners of roads shall
have supervision of all the roads and bridges within their
respective districts in said counties, and all applications to
the court for viewers for changes or opening new roads must
be reported on by the commissioner of the district.
3. The said commissioners of roads, severally, shall, annu-
ally, at the August terms of said county courts, let to con-
tract to the lowest suitable bidder, the work of ‘keeping in
repair the roads and bridges in their districts, notices of
which letting shall be posted for ten days at each postofiice,
and elsewhere in the district ; the said letting to be as a whole
or in sections, at the discretion of the commissioner, and tor
the year ending on the thirty-first day of July of each year.
They shall require the bids to be in writing and signed by
the contractor, and shall deliver the same, under aval, to the
boards of supervisors for their examination and approval or
rejection, at their first mecting thereatter. Each contractor
shall be required to give bond, with good security, in a pen-
alty at least double ‘the amount of his bid, for the faithful
performance of his contract, and a recovery may be had tor
any breach of said contract, in the name of the county, for
the benefit of the road fund, in the county court, by motion,
after ten days notice to the contractor and his securities.
The attorney for the commonwealth shall mstitute and pros-
ecute such motion. The said contracts and bonds shall be
filed with the clerk of the board of supervisors.

4. The contractors shall be entitled to the services, for not
more than two days in each year, of all persons liable to ser-
vice, in working the public roads under existing Jaws, and
shall be entitled to all remedies now existing for the collee-
tion of fines for failure to work, when duly” summoned by
him, against persons owing that duty.

5. It shall be the duty of the commissioners of roads to
give personal supervision to all the roads and bridges within
their respective districts, to see that the contractor is faith-
fully performing his contract, and for any failure in carrying
it out, the commissioner of the district shall at once institute,
through the prosecuting attorney, proceedings tor the recov-
ery of damages tor the breach of said contract.

6. The commissioners of roads shall receive as compensa-
tion not exceeding two dollars per day while actually en-
gaged, but in no case shall his compensation exceed one hun-
dred dollars per annum, to be paid by the county.

7. All levies made and collected under this act shall be col-
lected and accounted for by the county treasurer as other levies
are, and shall be paid out on the order of the board of super-
visors.

8. No member of the board of supervisors or commissioner
of roads shall be directly or indirectly interested in any con-
tract made under this act, and any participation therein by
either, shall render the contract null and void.

9. When the court shall order the opening of a new road,
or the erection of a new bridge, the work of opening or build.
ing shall be let to contract as hereinbefore provided for and
directed.

10. The board of supervisors shall have power at any time,
for good cause, to revoke the appointment of a commissioner
of roads, and to appoint his successor to fill his unexpired
term; also to fix the compensation of commissioner of roads,
and all other powers necessary to be employed in executing
this act. For the additional services required by this act the
supervisors shall receive two dollars per day.

11. Ifthe board of supervisors shall neglect or refuse to
perform any duty required of them by this act, the county
court may, upon the application of any person interested, by
mandamus, compel said board to perform such duty.

12. Such provisions of the general road law of the state,
as do not conflict with this act, shall continue in force in the
counties named herein.

13. This act shall be in force from and after the first day
of July next.