Chap. 267.—An ACT to provide for working and keeping in repair the public
roads and bridges of Botetourt county, and to repeal an act entitled “an act
to provide for the working and keeping in repair the public roads of
Botetourt county,” approved March 4, 1896, and an act amendatory thereof,
approved February 14, 1901.

Approved March 15, 1906.

1. Be it enacted by the general assembly of Virginia, That on and after
the first day of September, nineteen hundred and six, the public roads
and bridges in Botetourt county shall be repaired and kept in order as
follows: The board of supervisors of said county shall, at their regular
meeting in July, nineteen hundred and six, and every two years there-
after, appoint six commissioners of roads, two for each magisterial dis-
trict of said county, who shall hold office for the term of two years begin-
ning on the first day of September next succeeding their appointment.
Said commissioners, subject to the supervision of the board of super-
visors, shall have control of all public roads and bridges within their re-
spective districts, and the keeping of the same in order. Any vacancy
occurring in the office of commissioner shall be filled by the board for
the unexpired term.

2. Each of said commissioners, before entering upon the discharge of
his duties, shall qualify before the circuit court of said county, or the
clerk thereof in vacation, by giving bond, with approved security, in the
penalty of five hundred dollars, conditioned for the faithful performance
of his duties, and by taking the oath of office prescribed by law, which
shall be recorded by the clerk of said court as the qualification and bonds
of other county officers are recorded.

3. Immediately upon the appointment of commissioners under this act
the said board of supervisors shall divide each magisterial district of the
county into two subdistricts, and assign one of the commissioners to each
subdivision. The said commissioners, together with the board of super-
visors, shall carefully examine all the public roads of the county, but in
making said examination it shall not be necessary that more than two
commissioners and one member of the board of supervisors shall go to-
gether: provided, that the commissioner of each subdistrict shall ex-
amine the roads in his own district with one commissioner from another
district. They shall take notes of the public roads in the county and of :
their character and condition and report the same to the board of super-'
visors. Upon such report the board shall proceed to divide all the roads |
in the county into three classes. The first class shall consist of such |
roads as are generally and frequently used by the public, and shall be!
called highways; the second class shall include all roads for neighborhood |
purposes, and roads leading into the public highways, and shall be called:
county roads; the third class shall be such as are used by a few indi-{
viduals, and have been opened for the use and benefit of said individuals,
or for their farms, and shall be called local or private roads: provided.
that the road sections shall remain as now laid out and numbered until
changed by the board of supervisors, and the said board shall have power
und authority, and it shall be their duty to make such changes therein a:
they may think proper. The first class, or highways, and the seconc
class, or county roads, shall be repaired and kept in order by contract o:
by hired labor, as hereinafter provided ; the third class, or local or privat
roads, shall be kept up by the parties benefited by said roads as they maj
see fit, with such appropriations, if any, as may be from time to time
made to them by the board of supervisors, such appropriations to be ex-
pended by or under the supervision and inspection of the commissione:
in whose subdistrict the road is located.

4. The said commissioners shall, under the direction and supervisior
of the board of supervisors, take charge of and provide for keeping in
repair all first and second class roads of the county, and if directed by
the board of supervisors shall let the same, or such sections thereof as the
board may direct, to contract for such term as the board may prescribe:
provided, such term shall not be less than one nor more than five years,
having first advertised for sealed bids by posting notices of the said
letting at some public place on or near the section to be let, as well as
at each post-office in his district, for at least ten days prior to the time
of letting. The bids shall be in writing, signed by the bidder, and shall
he delivered under seal to the board of supervisors for their examination
and acceptance or rejection at their first meeting thereafter. The board
of supervisors shall have power to accept such bid as in their judgment
is best for the interests of the county, or to reject any or all bids. 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 may be prescribed by the
commissioners and supervisors who have examined the same, and shall
he written out and copies thereof posted with the notices for bids here-
inbefore provided for.

5. If any bid be accepted by the board, the commissioner, in whose sub-
district the section is, shall enter into a contract with the person or
persons whose bid is accepted, which contract shall be in accordance with
the terms of letting and shall be executed in duplicate and accompanied
with copies of the specifications aforesaid, one copy of which shall be de-
livered to the contractor and the other retained by the commissioner for
the county. The contractor shall execute a bond, in such form as the
hoard of supervisors may prescribe, payable to the county in a penalty at
least double the contract price per year, conditioned for the faithful per-
formance of his contract, and with security to be approved by the board.
A recovery may be had on said bond in the name of the county, for the
henefit of the road fund, before a justice of the peace where the amount
in controversy does not exceed one hundred dollars, or by motion in the
cireuit court of the county, irrespective of the amount in controversy,
after ten days’ notice to the contractor and his sureties.

6. It shall be the duty of the commissioners to give personal super-
vision to all the roads and bridges within their respective subdistricts
which are let to contract, and to see that the contractor is faithfully per-
forming his contract. If at any time any contractor fails so to carry out
his contract, then the commissioner of that district shall, after reasonable
notice to the contractor to repair his said road or bridge according to the
terms and provisions of his contract, if the said contractor still fails to
carry out his contract, the commissioner shall at once employ hands and
put the said road or bridge in the repair specified in said contract. The
commissioner 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 supervisors at the next meeting at which contractors
are paid off; and, if found to be correct, said board shall give their war-
rant 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 any money that may be due at the time of said meeting to the
contractor on whose road the work was done on any contract he may have
with the county, or may enforce payment thereof by proceeding upon the
bond of the contractor against him and his sureties thereon.

7. The contractors shall be paid for work done under their contract:
semi-annually or oftener as the board of supervisors may prescribe. Be-
fore the time fixed for each payment, the commissioner shall examin-
each section let to contract, and shall report to the board whether such
contractor has performed his duty according to law in conformity with his
contract, with a statement showing the amount, if anything, that th-
contractor is entitled to receive under his contract for his services. If
the board sees no objection to the report, unless objected to by at least
three taxpayers living on or contiguous to the section under contract. the
board shall draw a warrant in favor of the contractor for the amount so
shown to be due him. If for any reason the board thinks the same ought
not to be paid, or if the report is objected to, as above provided, the
board shall have power to withhold payment of said amount and to sum-
mon before it the said contractor and the commissioner making the re-
port, together with such witnesses as it may deem necessary, and as the
contractor may require, and on a hearing of the matter make such order
as it may seem right and proper, both as to the subject matter of the
controversy and the cost of the proceedings; from which decision and
order an appeal shall lie of right to the circuit court of the county if
the amount in controversy exceeds twenty dollars.

8. If any road or section remains unlet, by reason of there being no
bids, or for any other reason, or if the board of supervisors deem it un-
wise to let any or all of the said roads to contract, the commissioner, in
whose subdistrict the road or section is, shall take charge of the said
road, or section, or roads, as the case may be, and put and keep it or them
in repair, and to this end may employ teams, hands, etcetera, paying for
same the customary price for labor in that portion of the county and
agreed upon by the board: provided, that the board of supervisors may.
having regard to the amount of travel on each section, as well as to the
conformation thereof, prescribe a limit to the expenditures thereon.
which shall not be exceeded by the said commissioner except by au-
thority of the board.

9. If the board of supervisors shall so elect that they may take charge
of any portion of the highways, as classified by them, and improve and
work the same with the chain-gang of the county, where one is estab-
lished; or the board may in its discretion appoint an overseer of such
portions of a highway as they may select, and have the seme worked and
kept in repair or improved by hired hands and teams, or in such other
ways as they see fit, and pay the same upon the itemized report and
account of the overseer, duly verified.

10. The road commissioner of each subdivision may appoint overseers
for first and second class roads, not let to contract, if they think it ad-
visable. The said overseer shall reside on or near the road for which he
may be appointed, shall be notified of the amount of money he may ex-
pend on said road by the commissioner appointing him, who shall embody
the same in his report to the board of supervisors. The duty of the over-
seers of roads shall be to see that the roads over which they are overseers
are kept in good repair; that the bridges and crossings for foot passen-
gers are in safe condition; that all dead trees near the road, or dead
limbs overhanging the same are cut down or off; that neat sign-boards
are kept at all forks and crossing of public roads plainly indicating the
most noted place to which the road leads, and the distance thereto. He
shall perform such other duties as are required by law, or prescribed by
the commissioner appointing him, or by the board of supervisors.

11. The board of supervisors shall have the power to summon the com-
missioners, overseers, and such other witnesses as they may desire before
them and examine them upon the several reports and accounts before
the said board; and if, upon hearing, the board of supervisors do not
approve the said reports and accounts they shall correct the same, which
correction shall stand and their decision shall be final, of which proceed-
ings the clerk of the board of supervisors shall keep a fair record. If
any commissioner shall be found in default, or guilty of any wrong doing
in office at any time, the board shall forthwith remove him, and if guilty
of any default shall report the same to the attorney for the Common-
wealth for the said county, who shall proceed against such commissioner
and the sureties of his official bond, by motion in the circuit court, for
the amount for which he is reported to be in default.

12. The commissioners, under the general supervision and direction
of the board of supervisors, shall have charge of all the roads in their
respective subdistricts. The overseers of roads shall be under their au-
thority and subject to their orders, and the commissioners shall have au-
thority to direct what work shall be done by the overseers, how the public
roads shall be repaired, and on what parts of the road, and how labor
shall be employed or money expended. It shall be the duty of the com-
missioners to see that all the roads in their respective subdistricts are of
proper width and free from obstructions, and in all cases where they are
not to make report to the board of supervisors, who may direct the com-
missioner to remove the fences or other obstructions, and recover the
expenses thereof, with costs, from the trespasser upon a judgment of a
justice of the peace, or of the circuit court where the amount of such
expenses exceeds one hundred dollars. The commissioners shal] examine
all the highways and county roads in their respective districts at least
twice each year, during such months as the board of supervisors may pre-
scribe; and also whenever requested by not less than three taxpayers
living on any section, he shall view the section complained of and see
that the roads and bridges are kept in good repair by the contractors and
overseers.

13. Whenever a new road is opened, or a change made in a road now
established, and in the opinion of the board of supervisors the new road
or the proposed change can be made by the commissioner in whose sub-
district it is, they may direct the same to be done, or they may let the
same to contract, as they deem best. Whenever any new road is estab-
lished and constructed in the said county, the board of supervisors shall
.direct to what class such new road shall be assigned; and in case of a
highway or county road may let it to contract as hereinbefore provided,
or have it worked or kept in repair by the commissioner, as it deems best.

14. The commissioners may order any changes in a road in their re-
spective subdistricts, which may be agreed to by the board, which does
not involve the condemnation of lands or payments of damages, as where
the landowners consent.

15. The board may furnish all necessary tools, implements, and other
things necessary to work the roads under this law, and may for this pur-
pose purchase and hold wagons, horses, mules, or oxen, or any machinery
used for making and working roads. The commissioners shall collect
together all tools, and soforth, belonging to the county now in the hands
of the road commissioners of the county, and shall use them. as well as
any others furnished by the county, for working the said roads, and may
hire or rent them to road contractors, if authorized so to do by the board
of supervisors, all rents received therefor to be paid into the road fund
of the county.

16. The treasurer of the county shall furnish the said board, at its
meetings, a statement of the amount on hand to the credit of the road
fund, and no money shall be paid out of said road fund except upon the
warrants of the board of supervisors, and the said board shall not draw
warrants for a greater amount than is in the treasurer’s hands when the
warrants are drawn.

17. At their annual meeting in July the board shall determine what
amount in their judgment will be necessary to open new roads, and to
keep in repair the highways, county roads, and bridges for the ensuing
year: provided, however, that when the cost of altering or changing a road
or opening a new road, will be in their judgment too burdensome to be
paid in one year, they may in their discretion, provide for the same in
not exceeding three annual installments. The said board shall levy a
road tax to mect the same, not exceeding twenty-five cents on the: one
hundred dollars’ worth of property, both real and personal, in said county,
on which county taxes are levied. including railroads, telephone and tele-
graph companies, and all capital invested, used, or emploved in the mer-
cantile, to be collected as other county levies are collected. In addition
thereto the said board may, if it is deemed wise. provide out of the
general levy for the building and keeping in repair any or all bridges
over ten feet long in said county. The said board shall have power to
divide the road funds collected in said county amongst the three magis-
terial districts of the county in such manner as they deem best, and as
the needs of the several districts may from time to time require.
18. The commissioners shall receive as compensation for their services
hereunder two dollars per diem for time actually employed in discharge
of their duties: provided, that in no case shall the said per diem amount
he more in any one year than one hundred dollars: and provided, further,
that in addition thereto they shall be paid one dollar and fifty cents for
each day they may be employed superintending work on their respective
roads. The said commissioners shall make at each meeting of the board
an itemized statement, under oath, showing the number of days they were
engaged at two dollars per day, and the number of days they were en-
caged at one dollar and fifty cents per day, and where they were engaged:
and what work they were superintending.

19. No member of the board of supervisors or commissioners shall be
directly or indirectly interested in any contract made under this act,
and any participation therein shall render the contract null and void.

20. The board of supervisors shall fix the compensation that is to be
paid to overseers appointed under this act for their services. The board
of supervisors shall have power to cause process to issue and compel the
attendance of witnesses and other parties. The clerk of the board of
supervisors shall receive for the duties to be performed by him under the
provisions of this act, compensation to be fixed and allowed to him by
the said board, not to exceed seventy-five dollars per annum, the same to
be paid out of the road fund for the county. For the additional services
required of them under this act, the supervisors shall receive the usual per
diem and mileage allowed for the regular duties of their office, but in no
case shall any supervisor receive more than fifty dollars for services con-
nected with roads and bridges during any one year.

21. The general road law of the State, except so far as the same is in
conflict with the provisions of this act, shall be enforced in Botetourt
county.

22. The act of the general assembly, 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, and the act
amendatory thereof, approved February fourteenth, nineteen hundred
and one, and all acts and parts of acts in conflict herewith are hereby
repealed: provided, however, that the present road commissioners in
Botetourt county shall continue to discharge the duties of their respective
offices until September first, nineteen hundred and six, and that nothing
herein contained shall be construed as interfering with or in any wise
affecting any contract heretofore entered in for the keeping in repair of
the roads of said county, but such contracts shall continue in force until
their expiration and the rights and remedies of the parties thereto shall be
determined by the law in force at the time said contracts were made: pro-
vided, further, that the duties now required of the road commissioners of
said county by virtue of the contracts aforesaid, shall, after September
first, nineteen hundred and six, be discharged by the commissioners in
whose subdistrict any section now let to contract is.

23. This act shall be in force on and after the first day of July, nine-
teen hundred and six.