Chap. 24.——An ACT to amend and re-enact-an act approved March 7, 1906, en-
titled “an act to amend and re-enact an act approved March 10, 1904, entitled
an act to amend and re-enact an act approved April 2, 1902, entitled an act
to amend and re-enact an act entitled an act to provide a road law for Camp-
bell county,” approved March 5, 1900, providing and regulating a road board
for said county, and directing the disbursement of the county road fund.

Approved February 8, 1908.

§ 1. Be it enacted by the general assembly of Virginia, That for each
magisterial district in the county of Campbell there is hereby created
and established a road board, consisting of the supervisor, (who shall be
chairman of said board), a commissioner of roads, and one other person,
who shall be clerk of said road board, which board shall have exclusive
control of the roads and bridges of said district.

2. That the first commissioner of roads and clerk of the road board
hereunder shall be appointed by the judge of the circuit court of said
county, at the September term of the year nineteen hundred and eight,
and shall hold office from October the first, nineteen hundred and eight,
until January first, nineteen hundred and ten. Beginning with the elec-

tion to take place in the fall of nineteen hundred and nine, said commis-
sioner and clerk shall be elected by the qualified voters of the district,
at the same time members of the house of delegates are elected, and shall
hold office for a term of two years, beginning on the first day of January
next succeeding their election. They shall reside in the district for which
they are elected or appointed.

Each commissioner of roads and each clerk of a road board thus ap-
pointed or elected shall qualify before the circuit court, and shall, at the
time of qualification, give bond, with good security, in the penalty of not
less than one thousand dollars.

§ 3. The said commissioner of roads shall receive such compensation
for his services as the board of supervisors shall allow, not to exceed two
($2.00) dollars per day, and not to exceed sixty dollars per annum; and
the clerk of the road board shall receive for his services thirty dollars per
annum, to be paid to him at such times and in such amounts, by war-
rants drawn by said board on the treasury of said county, as said road
board may, by its order entered on its minutes, determine. Any vacancy
in the office of commissioner or clerk of the road board shall be filled
for the unexpired term by the circuit court. The said commissioner and
clerk of the road board, before entering upon the duties of their offices,
shall severally take oath to faithfully perform the duties of their offices,
which oath shall be filed by the clerk of said circuit court.

§ 4. Each road board shall, as soon as practicable after their qualifica-
tion, carefully examine all the public roads of their district and if they
shall deem best for the more convenient working of same, lay off and
divide them into sections of from one to five miles, no single section to be
more than five miles in length.

§ 5. The road board of each magisterial district may, in its discretion,
let to contract by the year for a term of one to three years any or all
sections of its roads to the lowest suitable bidder, having first adver-
tised for sealed bids, stating clearly in the advertisement the work to be
done on said sections of road and bridges thereof, in addition to what is
specified and required by section nine hundred and eighty-two of the
Code, notice of which letting to contract shall be posted for not less than
ten days at three or more public places in the district. The bids shall
he in writing and signed by the contractor, and the same shall be deliv-
cred under seal to the said road board for their examination and accep-
tance or rejection, and at their first meeting thereafter each contractor
shall be required to execute a bond to the county, with good security,
in the penalty of at least double the amount of his bid, conditioned 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 circuit court of said county by motion after ten
days’ notice to the contractor and his securities, and in case of a recov-
ery on said motion, the same shall be taxed in the judgment as if the
motion were in favor of the Commonwealth. And any such judgment
may be deducted by said road board from the amount due said contractor
on his contract. The attorney for the Commonwealth shall institute and
prosecute such motion. The said contract and bond shall be filed with
the clerk of said road board. The road board may, in its discretion,
reject any and all bids, and, if it seem desirable, have all it roads or any
part thereof worked under its own direction and control.

§ 6. Should there be any section or sections of road upon which there
is no sealed bid, the road commissioner, after advertising as is herein-
before directed, may receive proposals to contract for said section with-
out requiring said proposals to be sealed, said proposals to be subject to
the same requirements in contracting as sealed bids.

§ 7. If any section or sections of road remain unlet by reason of there
being no bid, or for any other reason, and wherever the road board shall
deem it desirable, they shall appoint or employ an overseer for such
roads or sections thereof ; said overseer to be paid such compensation per
day as may be agreed upon by the road board, and to be under its direc-
tion. Said overseer, or the road commissioner, by direction of the board,
shall employ such labor as may be necessary to keep such road in repair,
paying such prices as are customary in the community.

§ 8. An itemized account of all work done by overseers shall be kept,
and said overseers shall make off and swear to such accounts and submit
same to the commissioner of roads, and upon his approval said accounts
shall be presented to the road board, and, if found to be correct, said
board shall give its warrant upon the county treasurer for the amount.

§ 9. It shall be the duty of the commissioner of roads to give, under
the direction of said board, personal supervision to all roads and bridges
within his district, and especially to require foot bridges to be con-
structed and maintained over all streams where necessary for the con-
venience of pedestrians, and to see that all contractors are faithfully per-
forming their contracts. Should there be any failure on the part of
contractors to comply with said contracts, the road board shall at once
institute, through the attorney for the Commonwealth, proceedings for
the recovery of damages for the breach of said contract.

§ 10. Overseers appointed or employed under this act shall be subject
to the same requirements under section nine hundred and eighty-two of
the Code as are contractors.

§ 11. The contractors shall be paid for work done under their con-
tracts semi-annually or oftener, as the road board may determine, which
payment shall be thade by the warrant of said board upon the county
treasurer, but payment shall be withheld by said board, if, at the time
fixed for such payment, said contractor’s road is not in order, until the
commissioner supervising the same shall report it to be in the condition
required by his contract.

i 12. The county treasurer shall keep the road funds separate from
other tax funds, and the entire funds shall be placed to the credit of
the road board.

§ 18. All road taxes shall be expended for the benefit of the district
from which they are collected, and the supervisors may increase the road
levy not to exceed thirty cents on the one hundred dollars.

§ 14. Except as herein provided, the county treasurer shall hereafter
pay out no money collected from road taxes, except on the warrant of
the road board of each of the several magisterial districts.

§ 15. No member of the road board shall be, directly or indirectly,
interested in any contract made under this act, and any participation by
either shall render the contract null and void, and any member of the
board so participating shall be deemed guilty of a misdemeanor and
punishable according to law.

§ 16. The circuit court of the county shall have power, at any time
for good cause, to remove any officer appointed or elected under this act,
and to fill vacancies for the unexpired term.

§ 1%. The boards of the several districts may sell or dispose of any
tools or implements which may be delivered to them by the present road
officials, or may have them used upon the roads of the county, as, in their
discretion, may appear best for the county. Any of said boards may,
alone or in conjunction with the boards of other districts, hire or pur-
chase and maintain in good order such implements and machinery and
such horses and mules as may be found necessary to economically con-
struct and maintain its roads, and may employ such labor and make
such contracts as may be requisite for the protection, care and mainte-
nance of the same. And said boards shall have power, either alone or
conjointly with the boards of other districts, to contract for and procure
from the State convicts, and may work same upon the roads, under such
provisions and regulations as shall seem to it best. Any act required to
be done by said road board, or permitted under and by virtue of this
act, may be done at any meeting thereof, unless otherwise specifically
provided.

§ 18. All applications for new roads or new bridges or for the change
of location of existing roads shall be made to the board of supervisors
of the county. And proceedings therefor shall be as now provided by
the general law, approved March twelfth, nineteen hundred and four.
When any new road is ordered to be opened or the location of any road
changed, the same shall be done either by contract or otherwise, as the
said road board shall deem best.

§ 19. The general road law of the State, except so far as in conflict
with this act, shall be in force in the county of Campbell and especially
that provision of the general road law which provides for prosecution of
road officials for malfeasance, misfeasance or neglect of duty, shall be in
force in said county. .

§ 20. Each of the said boards shall, at the January and July terms
of the circuit court of said county, report to said court its proceedings
hereunder, along with an itemized account of its disbursements, at which
time any citizen of the district may appear and challenge any item in
said report, or may, within thirty days after its filing, except to either
the form, accuracy, or sufficiency of said report; and the court shall
proceed, with the assistance of the attorney for the Commonwealth, in
a summary manner to examine said report and the items thereof, and
if fraud appear therein, the matter shall be brought to the attention of
the grand jury. The court shall have power to require a complete,
formal and accurate report, and to compel full explanation of any and
all items therein. If, at the expiration of thirty days, said report appear
sufficient and proper in all respects, the court shall confirm the same.

§ 21. In appointing members to said board, the court shall endeavor
to see that every section of the district is, as nearly as may conveniently
be, represented thereon.
§ 22. Said road boards shall have power to erect and maintain such
sign boards and mile posts as may seem necessary, or as the law may
require.

§ 23. All acts and parts of acts inconsistent with this act are hereby
repealed in so far as inconsistent herewith, except the act authorizing
the purchase, holding, and maintenance by said county of the Lynchburg
and Campbell courthouse turnpike road, which road shall be held and
maintained as in said act provided.

§ 24. Until the first day of October nineteen hundred and eight, the
roads of said county shall continue to be worked as heretofore under the
existing act approved March seventh, nineteen hundred and six.