Chap. 58.—An ACT to amend and re-enact sections 1, 2, and 3 of an
act entitled an act to provide for the working and eeoping oa repair
the public roads in the counties of Alleghany, Bath, and Highland,
approved February 22, 1884, and to amend and re-enact section 5 of
same act, approved February 12, 1886, and to add independent
section.

Approved February 3, 1888.

1. Be it enacted by the general assembly of Virginia, That
sections one, two, and three of an act entitled an act to pro-
vide for the working and keeping in repair the public roads
in the counties of Alleghany, Bath, and Highland, approved
February twenty-second, eighteen hundred and eighty-four,
and section five of an act entitled an act to amend and re-en-
act section five of same act, approved February twelfth, eigh-
teen hundred and eighty-six, be amended and re-enacted so
as to read as follows:

§1. That on and after the first day of July, eighteen hun-
dred and eighty-eight, the board of supervisors of the coun-
ties of Alleghany, Bath, and Highland shall have original ju-
risdiction to establish, alter, and build all public roads and
bridges in their respective counties; and for this purpose said
boards shall have all the powers now vested in the county
court, and the same proceedings shall be had therein as now
required in said court, and all laws applicable tosaid court shall
apply to said boards: provided, that any one feeling himself
aggrieved by any order of said board establishing or altering.
any road or bridge, may appeal to the county court in the
same manner that appeals are now allowed from decisions of
said board. The said boards of supervisors in their respec-
tive counties as aforesaid, shall take charge of and have
worked and kept in repair all public roads and bridges here-
tofore and hereafter established within the limits of said
counties respectively; and for this purpose the said boards
of supervisors are respectively authorized and empowered to
levy aroad tax not exceeding in any one year ten cents upon
the one hundred dollars of assessed taxable values in said
counties,.and to adopt such regulations as do not conflict
with the laws now in force as may be necessaty to secure
the proper working of the roadsin said counties, and for that
purpose said boards may purchase such machinery and tools
for the county as they may deem necessary, and let the same
to the contractors under this act on such terms as they may
think proper.

§ 2. The boards of supervisors shall, at their meeting next.
preceeding the June term of the county court in the year
eighteen hundred and eighty-eight and every two years there-
after, appoint one commissioner of roads for each magisterial
district in said counties, who shall qualify before the county
court of said counties by taking the usual oaths of office, and
shall continue as such until their successors are duly quali-
fied. The term of said commissioners of roads shall be two
years, and shall commenee on the first,day of July after their

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appointment. The said commissioners of roads shall have su-
pervision of all the roads and bridges within their respective
districts in said counties.

§3. The said commissioners of roads severally shall, annu-
ally at the July terms of said county courts, let to contract
to the lowest suitable bidder, the work of keeping in repair
the roads and bridges in their districts, notices of which let-
ting shall be posted for ten days at each postoffice and else-
where in the district, the said letting to be as a whole or in
sections, and for a term of not less than one nor more than
five years, at the discretion of the boards of supervisors; said
term to commence the first day of August thereafter. They
shall require the bids to be in writing and signed by the con-
tractor, and shall deliver the same under seal to the boards
of supervisors for their examination and approval or rejection
at their first meeting thereafter. Hach contractor shall be
required to execute a bond to the county with good security,
in the 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 mo-
tion, after ten days’ notice to the contractor and his securi-
ties; and in case of a recovery on said motion, the same costs
shall be taxed in said judgment as if the motion was in favor
of the commonwealth, and any such judgment may be de-
ducted by said boards of supervisors from the amount due
said contractor on his contract. The attorney for the com-
monwealth shall institute and prosecute such motion. The
said contracts and bonds shall be filed with the clerk of the
board of supervisors.

§5. It shall be the duty of the commissioner of roads,
immediately after entering upon the duties of his office, to
divide the roads and bridges of his district into sections con-
venient for letting to contract under this act, and assign the
hands liable to work on each section, and report the same to
the first meeting of the board of supervisors thereafter, who
may make such alterations in said sections and hands as they
may think proper, and after approving the same, shall enter
it of record in their minutes, The clerk of the board of
supervisors shall furnish to each contractor as sqon as he has
filed his bond, a list of the hands liable to work on the sec-
tion said contractor is to keep in repair. The commissioner
of roads shall add to such list during the term of said con-
tractor, all other hands who may become liable to work on
said section under the law. Said commissioner of roads shall
give personal supervision to all the roads and bridges within
their respective districts; he shall see that the contractors
are faithfully performing their contracts, and for any failure
to carry it out, the commissioner of roads of the district shall
at once institute through the prosecuting attorney, proceed-.
ings for the recovery of damages for the breach of said con-
tract, and it shall be the duty of every such commissioner of
roads to cause the roads in his district to be kept cleared,
smoothed of rocks and obstructions, of necessary width, welf
drained, and otherwise in good order, and secure from the
falling of dead timber therein; at the fork or crossing of
every road, a sign-board, on which shall be stated in plain let-
ters the most noted places to which each road leads, and
across each stream, when it is necessary and practicable, a
sufficient bridge, bench, or log for the accommodation of foot
passengers; and for every breach of duty under any of the
sections of this act, he shall be guilty of misdemeanors.

- 2. The boards of supervisors of said counties respectively,
may, by a majority vote of said boards, adopt the said act
approved February twenty-second, eighteen hundred and
eighty-four, and the amendments thereto, and the same shall
thereupon become the law as the counties adopting the same-
in lieu of the general road law.