Chap. 79.—An ACT to amend and re-enact an act approved February 23, 1898,
as amended and re-enacted by an act approved May 20, 1903, and as further
amended and re-enacted by an act approved March 15, 1906, providing for the
working and keeping in repair the roads, and building and keeping in repair
pe bridges in the county of Essex, and providing what tax shall be used for

e same. ;

Approved February 25, 1908.

1. Be it enacted by the general assembly of Virginia, That an act ap-
proved February twenty-third, eighteen hundred and ninety-eight, as
amended and re-enacted by an act approved May twentieth, nineteen
hundred and three, and as further amended and re-enacted by an act
approved March fifteenth, nineteen hundred and six, providing for the
working and keeping in repair the roads and the building and keeping
in repair the bridges in the county of Essex, and providing what tax
shall be used for the same, be further amended and re-enacted so as to
read as follows:

§1. The management and control of all roads in the county of Essex
shall be placed under the direction of the board of supervisors of the
said county, who are hereby constituted a road board for the purpose.

§2. The roads in the said county shall be worked by contract and to
that end the said board shall cause the said county to be divided into
three or more road districts by proper metes and bounds. And all the
money raised in each magisterial district for road purposes shall be
expended on the roads in such district.

§3. In the month of April or May in the year nineteen hundred and
eight, and every five years thereafter, they shall let to contract the
working and repairing of the roads in the said road districts, including
the building and keeping in repair the bridges in the said road districts,
(except such bridges as may be excepted as hereinafter provided), to
the lowest responsible bidder, after giving due notice that sealed pro-
posals will be received for the working and repairing of the said roads
and bridges.

The said board shall have the authority to reject any or all bids
offered, and to make such contracts with reference to the working and re-
pairing of said roads and bridges as the said board may deem best to pro-
mote the interest of the county and in case said board fail to secure a
responsible bidder for any district, the roads in such district shall be
worked by hiring, or in such other manner as the board may deem ad-
visable, until a contractor be found for such district.

§4. Before advertising for bids as above directed, the said board of
supervisors shall except from the contract of letting such bridges as in
their judgment should be built and kept in repair by special contract
and out of the general county levy; and in their advertisement they
shall enumerate the bridges that will be excepted from the contract of
letting; and the bridges so excepted shall be built and kept in repair
under the directions of the said board of supervisors, and paid for out
of the general county levy.

§5. The said contracts of letting shall go into effect on the first day of
June, nineteen hundred and eight, and shall run for five years thereafter.

§6. The board of supervisors shall require the contractors to enter
into bond with good security, to be approved by the said board, in the
penalty of not less than five hundred nor more than fifteen hundred
dollars each, conditioned to faithfully perform his duty as such con-
tractor. The said contractors shall be paid monthly, but before any war-
rant is drawn in his favor the said board must be satisfied that the
work has been done according to contract, and this fact must be ascer-
tained by a previous examination of such roads, by one or more of the
members of the board, or in any other way the said board may deem best
to get the desired information; and when the said board is satisfied that
the roads have been worked and kept in repair during such period, then
a warrant shall be drawn in favor of such contractor.

§7. The board of supervisors shall make each year a general levy
to cover the expenses of opening new roads, building and keeping in
repair bridges, and purchasing whatever teams, wagons, machinery and
equipments they may deem necessary, and they shall also make a special
levy in each district, as now provided by law, for working and keeping
in repair all roads and bridges, not herein above excepted, in each dis-
trict, which in addition to whatever capitation tax may be levied for
road purposes in the respective districts in the said county, shall be
known as the district road fund, and the same placed in the hands of
the supervisors of the respective districts as hereinafter provided.

§8. The county treasurer is hereby required to deposit the respec-
tive district road funds now on hand, and all such funds coming into
his hands in the future upon collection, rendering quarterly statements
of the same to. the supervisors of the respective districts, in a bank to be
designated by the judge of the circuit court of Essex county, to the credit
of the supervisor of the district from which the said fund shall have
been obtained, in his official capacity as supervisor. And when the
said district road fund shall have been so deposited, it shall be disbursed
only upon check, signed by the said supervisor, in his official capacity
as such.

Upon the death, resignation or other discontinuance in office, of the
supervisor of any district, the bank, which shall have been designated
as the depository for the district road funds, is hereby authorized and di-
rected to transfer whatever funds may remain in the said bank to the
credit of any such district supervisor at the time of his death or res-
ignation, or other discontinuance in office, to the credit of his successor
in office, upon satisfactory proof of his qualification as such successor.

§9. Each supervisor, before engaging in the duties imposed upon
him under this act, shall enter into bond before the clerk of the circuit
court of Essex county, in the sum of five hundred dollars, for the proper
distribution of funds coming into his hands.

§10. The board of supervisors may authorize to be paid, from time to
time, out of the respective district road funds, such allowances as a
majority of the board may deem necessary for services in keeping the
road accounts, or any other incidental expenses for road purposes, not to
exceed thirty dollars per annum in each district.

§11. The contractor shall have the right to open all necessary ditches
for the purpose of draining the public roads through the lands of the
adjacent land owners, except that no ditch or drain shall be cut through
the yard attached to any dwelling house without the consent of the owner.
And any person who considers himself damaged by the opening of such
ditches, may present his claim to the board of supervisors for payment,
who may allow same if in their judgment proper, or such proportion
of the same as they may deem just.

The land owner if he chooses may refuse to accept the amount allowed
him by the board, and may apply to the circuit court of the county, and
the court shall appoint three disinterested freeholders, who shall view
the premises and assess the damages and report to court for confirma-
tion. ‘ Unless the court be of the opinion that the amount allowed is
excessive, it shall confirm the said report and direct the payment of the
amount allowed out of the general road fund, along with the sum of one
dollar per day to each of the freeholders, as a compensation for their
services. Provided that should the freeholders report the same amount
or less than the board of supervisors had previously offered to pay, then
the land owner is to pay the freeholders one dollar each per day, and all
the expenses of the said inquiry. After any such ditch of drain shall have
been so opened, any person who fills up the same, or causes it to be filled
up, shall be liable to indictment, and upon conviction, to a fine of not less
than five dollars nor more than twenty dollars for each offense.

§12. The general road law shall be in force in Essex county in so
far as it is not in conflict with this act.

§13. And emergency existing on account of the need of immediate
work upon the said roads, this is declared an emergency act, and shall
be in force from its passage.