Chap. 43.—An ACT to amend and re-enact section 2 of chapter 52 of the
Code of 1860.

Passed February 28, 1°66.

1. Be it enacted by the general assembly, That in every
county in which the county court, after having been sum-
moned for that purpose, shall adopt the provisions of this
law, and in which there may now be commissioners of roads,
or in which it may be so determined to have them, the court
thereof shall, annually, during its May term, or as soon there-
after as may be, appoint not more than two persons to be
such commissioners. Said commissioners, when so appointed,
shall proceed, under instructions of said court, to examine
such roads, or parts thereof, as shall be designated by the
court; and after thirty days’ notice, given by publishing the
same at the courthouse door in said county, on court day, or
in some newspaper circulating in said county, shall proceed
to let out the roads, or such parts thereof, to contract; which
contract shall be reported by said commissioners to the court,
for its approval or rejection; and when such contract shall
be ratified, it shall be binding upon the court and contractor
or contractors. It shall be the duty of said commissioners,
as soon as the contracts hereby authorized to be made shall
have been ratified by the court, to take from the contractor
or contractors upon such road a bond, with good sccurity, in
a penalty of at least double the amount which such contractor
or contractors are to receive under his or their contract, paya-
ble to said commissioners, and their successors in office, and
conditioned for the faithful performance of his or their con-
tract; which bond, together with the contract entered into
as aforesaid, shall be filed in the clerk’s oftice of said county ;
and if any such contractor or contractors shall fail or refuse
to comply with his or their contract, may be put in suit at
the cost and for the benefit of said county, at any time, in the
name of the commissioners therein named, whether they, or
either of them, be alive or not, to receive such damages as, in
the opinion of a jury, he or they ought to pay for failing to
comply with his or their contract, ‘until the whole penalty
thereof shall have been received or paid. It shall be lawful
for the court of any county, at the time of laying levics, to
assess and levy upon every tithable or otherwise, at its dis-
cretion, such an amount as may be necessary to pay all sums
which, under the provisions of this act, may become due to
contractors. Nevertheless, the court, at its discretion, may
allow persons so taxed to discharge the obligation so re-
quired, by daily labor, at one dollar per diem, on any of the
said roads, or parts thereof, for a time sufficient to pay the
said tax, in part or in full, by presenting the certificate of the
contractor, or any appointed surveyor, in discharge of the
same. ‘The said commissioners, for performing the services
herein required of them, shall be entitled, from their respec-
tive county courts, to such compensation as said courts may
think reasonable, not exceeding two dollars per diem for the
time in which they are actually employed; the statements
whereof, made out in writing, and upon oath, shall be certified
by them to their respective county courts. For the failure
of any commissioner to perform the duties required of him
under this act, he shall be fined not less than ten dollars nor
more than twenty-five dollars, and to forfeit all pay which
may be due him for services rendered prior to such failure;
to be imposed at the discretion cof the court, upon ten days’
notice. The term of oftice of said commissioners shall be
until the next May term of such court. If a vacancy occurs
in the office, the court shall fill it.
2. This act shall be in force from its passage.

Chap. 43.—An ACT to amend and re-enact section 2 of chapter 52 of the
Code of 1860.

Passed February 28, 1°66.

1. Be it enacted by the general assembly, That in every
county in which the county court, after having been sum-
moned for that purpose, shall adopt the provisions of this
law, and in which there may now be commissioners of roads,
or in which it may be so determined to have them, the court
thereof shall, annually, during its May term, or as soon there-
after as may be, appoint not more than two persons to be
such commissioners. Said commissioners, when so appointed,
shall proceed, under instructions of said court, to examine
such roads, or parts thereof, as shall be designated by the
court; and after thirty days’ notice, given by publishing the
same at the courthouse door in said county, on court day, or
in some newspaper circulating in said county, shall proceed
to let out the roads, or such parts thereof, to contract; which
contract shall be reported by said commissioners to the court,
for its approval or rejection; and when such contract shall
be ratified, it shall be binding upon the court and contractor
or contractors. It shall be the duty of said commissioners,
as soon as the contracts hereby authorized to be made shall
have been ratified by the court, to take from the contractor
or contractors upon such road a bond, with good sccurity, in
a penalty of at least double the amount which such contractor
or contractors are to receive under his or their contract, paya-
ble to said commissioners, and their successors in office, and
conditioned for the faithful performance of his or their con-
tract; which bond, together with the contract entered into
as aforesaid, shall be filed in the clerk’s oftice of said county ;
and if any such contractor or contractors shall fail or refuse
to comply with his or their contract, may be put in suit at
the cost and for the benefit of said county, at any time, in the
name of the commissioners therein named, whether they, or
either of them, be alive or not, to receive such damages as, in
the opinion of a jury, he or they ought to pay for failing to
comply with his or their contract, ‘until the whole penalty
thereof shall have been received or paid. It shall be lawful
for the court of any county, at the time of laying levics, to
assess and levy upon every tithable or otherwise, at its dis-
cretion, such an amount as may be necessary to pay all sums
which, under the provisions of this act, may become due to
contractors. Nevertheless, the court, at its discretion, may
allow persons so taxed to discharge the obligation so re-
quired, by daily labor, at one dollar per diem, on any of the
said roads, or parts thereof, for a time sufficient to pay the
said tax, in part or in full, by presenting the certificate of the
contractor, or any appointed surveyor, in discharge of the
same. ‘The said commissioners, for performing the services
herein required of them, shall be entitled, from their respec-
tive county courts, to such compensation as said courts may
think reasonable, not exceeding two dollars per diem for the
time in which they are actually employed; the statements
whereof, made out in writing, and upon oath, shall be certified
by them to their respective county courts. For the failure
of any commissioner to perform the duties required of him
under this act, he shall be fined not less than ten dollars nor
more than twenty-five dollars, and to forfeit all pay which
may be due him for services rendered prior to such failure;
to be imposed at the discretion cof the court, upon ten days’
notice. The term of oftice of said commissioners shall be
until the next May term of such court. If a vacancy occurs
in the office, the court shall fill it.
2. This act shall be in force from its passage.