Chap. 444.—An ACT to provide for the working and keeping in re-
pair the public roads and bridges in Amherst county.

Approved March 6, 1886.

1. Be it enacted by the general assembly of Virginia, That
on and after the first day of April, eighteen hundred and
eighty-six, the board of supervisors of the county of Amherst
shall take charge of, and have worked and kept in repair, all
public roads and bridges heretofore or hereafter established
within the limits of said county, and for this purpose the said
board of supervisors is authorized and empowered to levy a
road-tax, not exceding in any one year fifteen cents upon the
hundred dollars of assessed taxable values in said county, to
be collected, accounted for and paid out upon the warrant of
said board, in all respects as if it were a county levy fixed by
the board, except that the fund collected from each magisterial
district shall be kept separate by the county treasurer, and a
different rate of tax may be prescribed for different districts.
The amount collected in each district shall be expended in that
district.

2. The said board of supervisors may adopt such rules and
regulations, not in contravention of the laws and constitution
of this state, as may be necessary or proper to secure the
needful and efficient working of the roads in said county.

- 3. The said board of supervisors shall, as soon as practica-
ble after the passage of this act, and annually thereafter at such
time as it may elect, appoint a commissioner of roads for each
magisterial district in said county, who shall qualify at the next
term of the county court of said county by taking the usual
oath of office. The term of said commissioner shall be one
year, commencing on the first day-of May.

4. The said commissioners of roads shall have supervision
of all roads and bridges within their respective districts, and
immediately after their qualification, each commissioner shall
divide into sections, and assign hands thereto, all the roads in
his district; no section to embrace more than ten nor less than
five miles; and shall annually, under such rules and regulations
as may be prescribed by the board of supervisors, let to con-
tract to the lowest suitable bidder the work of keeping in re-
pair the roads and bridges in their respective districts. The
bids shall be in writing, signed by the contractor, and shall be
delivered under seal to the board of supervisors for examina-
tion, and approval or rejection.

5. Each contractor shall be required to give bond and good
security, in a penalty at least double the amount of his bid, for
the faithful performance of his contract, and a recovery may be
had for 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 contractors and his sureties. The
attorney for the commonwealth shall institute and prosecute
such motion. The said contracts and bonds shall be filed with
the clerks of the board of supervisors.

6. It shall be the duty of the commissioner of roads, besides
the other duties hereinbefore described, to visit and inspect all
the roads in his district at least four times a year, and oftener if
required by the board of supervisors, and to see that the roads
and bridges are in good repair and free from obstructions, and
that the contractors in his district are fulfilling the terms of their
contract, and any failure of the contractors to do their dut
shall be reported by him to the attorney for the commonwealth
who shall institute proceedings as provided for in the next pre-
ceding section. The compensation of the said commissioner
of roads shall be two dollars per diem for each day actually
engaged, to be paid out of the county treasury on approval and
warrant of the board of supervisors, a sworn statement of the
time actually employed and how employed by him in attend-
ing to the duties of his office, at the regular meeting of said
board.

7. The board of supervisors shall at any time have power
for good cause to revoke the appointment of any commissioner
of roads and to appoint his successor to fill his unexpired
term.

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, and any violation
of this provision shall be a misdemeanor and punishable as
such.

9. No appropriation by the county court for roads and
bridges in excess of thirty dollars, shall be binding on the
county or paid unless and until the same shall have been sub-
mitted to and approved by the board of supervisors.

10. Each contractor shall be entitled to the services, for not
more than three days in any one year, of all persons liable to
service in working the public roads under existing laws; and
any person for failure to attend with proper tools and work the
roads on such days as the contractor may direct, shall pay to
the contractor seventy-five cents for every day on which there
may be such failure. If the money be not paid to the contractor
within thirty days, he shall make out a ticket against such de-
linquent, if he be a person of full age, or if he be an infant,
against his parent or guardian, for the amount of such fine, and

lace the same in the hands of the constable of his district, who
is hereby required to receive the same for collection. Any con-
stable into whose hands such accounts may be placed for col-
lection, may collect the same in the manner now provided by
law for the collection of state taxes. Any property liable for
taxes shall be liable for said road fines and commissions. Such
officer shall have a fee of twenty-five cents in all cases where
the money shall have been collected by him, to be paid by the
party in default in addition to the fine. The officer collecting
said accounts so placed in his hands for collection shall be liable
therefor under his official bond, and may be proceeded against
for failing to collect and pay over the same, as now provided
by law, as in the case of a constable’s failure.

11. Of the time and place of letting the roads to contract
under this act, the commissioners shall give ten days’ notice,
by printed hand-bills, posted in at least three public places in
each magisterial district; the specifications of work to be done
upon each section, and the condition in which the same is to be
kept, shall be such as in the judgment of the commissioner will
best insure the proper working of the roads, and shall be written
out and made known at the time of the letting. Among such
specifications it shall be provided that, where practicable, the
bed of the road shall be raised in the middle and slope gradually
each way to the sides, where ditches sufficient to carry off the
water shall be made and kept open, and that the road-bed shall
not be less than twelve feet in width.

12. If any section remain unlet by reason of there being no
bid, or the amount offered be deemed excessive, or for any
other reason, the commissioner may let the same privately, and
report to the board of supervisors; and in case there be no let-
ting, the commissioner shall take charge of the said road or sec-
tion, and put and keep it in repair, and may summons and em-
ploy hands, teams, and so forth, paying for the same the cus-
tomary price. He shall keep an accurate account of such work
and expenses, and make oath to the same, and report it to the
board, and if it is correct the board shall allow the same.

13. All applications to the court for the change of a road, or
for the opening of a new road, or the erection of a new bridge,
shall have the endorsement of the road commissioner of the
district in which the road or bridge is situated, and without
such endorsement no such application shall be entertained by
the court.

; 14. When the court shall order the opening. of a new road,
or the erection of a new bridge, or any change in an old road,
the work of opening or building the same shall be let to con-
tract by the commissioner of the district in which said bridge
or road. is located, the contractor giving bond and security, to
be approved and accepted by the board of supervisors, or the
said board may, in its discretion, authorize and empower said
road commissioner to employ and use for said purpose convicts
from the state penitentiary, under the general laws of the state
regulating the same, said work to be under the general super-
vision of said commissioner, under such rules and regulations
as the board may prescribe and direct.

15. Said road commissioners shall render quarterly reports
to the board of supervisors, stating the condition of the differ-
ent roads in their respective districts, and whether or not any
contractor has failed to comply with the terms of his contract,
and if so, in what particular; and for any failure to so report,
or to faithfully perform his duties, under the provisions of this
act, said commissioner shall be deemed guilty of a misdemeanor,
and so punished.

16. The contractor of a road may be paid by the board of
supervisors semi-annually: provided, that such contractor shall
furnish the certificate of the road commissioner of his district,
showing that he has faithfully performed his contract; and in
case any contractor fails to comply with the terms of his con-
tract, said board shall have the right to withhold the whole
amount, or so much thereof as they may deem just, stipulated
to be paid him under his contract,

17. For the necessary meetings of the board of supervisors,
other than their regular meetings, for the purpose of carrying
out the provisions of this act, each supervisor shall receive
compensation at the rate of two dollars per day for the time
during which he is actually so employed, not to exceed, how-
ever, the sum of twenty dollars in any one year; each super-
visor to be paid out of the fund derived from his own district;
and the clerk of the board shall receive such compensation for
duties to be performed under this act as the board may allow.

18. This act shall be submitted to the board of supervisors of
Amherst county, and may be adopted by a majority of said
board voting therefor, a record of such vote to be made and
preserved on the minutes of the board, and if adopted, shall
be put into operation in the manner and at the time herein
provided for, or at such other time as the board may elect:
provided that nothing herein shall be construed as to relieve
any road overseer from any duty or liability as such until his
road precinct shall have been let to contract according to law;
and provided further, that any action of the board of super-
visors adopting the provisions of this act may be rescinded by
a majority vote, extend as aforesaid, the same to take effect at
the end of any contract year.

19. Such provisions of the general road- law of the state as
do not conflict with this act, shall continue in force in the said
county of Amherst.

20. This act shall be in force from its passage.