Chap. 161.—An ACT to amend and re-enact sections 2 and 8 of an act en-
titled an act to provide for the working and keeping in repair the public
roads of Botetourt county, approved March 4, 1896.

Approved February 14, 1901.

1. Be it enacted by the general assembly of Virginia, That sections
two and eight of an act entitled an act to provide for the working and
keeping in repair the public roads of Botetourt county, approved March
fourth, eighteen hundred and ninety-six, be amended and re-enacted so as
to read as follows.

§ 2. The said board of supervisors shall, on the first day of July, eigh-
teen hundred and ninety-six, or as soon thereafter as they may deem best,
appoint one commissioner of roads for each magisterial district, which
commissioners shall reside in the respective district for which they are
appointed, and it shall be their duty to supervise the roads within the
respective magisterial districts assigned them by said board of supervisors.
The said commissioners shall hold their office for one year from first of
July, eighteen hundred and ninety-six, unless sooner removed by said
board for neglect of duty or malfeasance in office, and succeeding terms
shall be filled by the board of supervisors at their meeting next preceding
the first of July of each year. The said commissioners shall receive such
compensation for their services as said board shall allow, not to exceed two
dollars per day, and not to exceed two hundred dollars for any one year,
to be paid to them at such times and in such amounts, by warrants drawn
by said board on the treasurer as said board may, by its order entered on
its minutes, determine. Any vacancy in the office of commissioner shall
be filled for the unexpired term by said board. Said commissioners, before
entering upon the duties of their office, shall severally take an oath to per-
form the duties of their office as commissioner, which oath shall be filed
with the papers of said board. Each commissioner of roads and bridges
shall, as soon as practicable after his qualification, carefully examine all
the public roads of his district ; and he shall lay off and divide said roads
into sections of from one to five miles, no single section to be more than
five miles in length.

§ 8. It shall be the duty of the commissioners of roads to give personal
supervision to all the roads and bridges within their respective districts,
and to see that the contractor is faithfully performing his contract. If
at any time any contractor fails so to carry out his contract, then the
commissioner for that district shall, after reasonable notice to the con-
tractor to repair his said road or bridge according to the terms and pro-
visions of his contract, if the said contractor still fails to carry out his
contract, at onee employ hands and put the said road or bridge in the
repair specified in said contract. The said commissioners shall keep an
accurate itemized account of the work done under this section on each
contract or section of road, and present the same to the board of super-
visors at the next meeting at which the contractors are paid off; and, if
found to be correct, said board shall give their warrant upon the treasurer
for the amount thereof. The said board shall also deduct the amount of
said account for work done under this section from what may be due
at the time of said meeting to the contractor on whose road the work was
done; and if there is not a sufficient amount due him to pay the said
account, they shall at once institute, through the prosecuting attorney.
proceedings against the said contractor, and the sureties on his bond for
the recovery of the balance remaining unpaid.

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