CHAP. 300.—An ACT to amend and re-enact an act entitied “an act to
amend and re-enact an act entitled an act to establish a general road
fund for the permanent improvement of roads and bridges in Dinwid-

‘die county, to create a road board for Dinwiddie county, and to pre-
scrike its powers and duties, and to provide for the appointment of a
county superintendent of roads, and to regulate his duties,” approved
March 8, 1904 as amended and re-enacted by an act approved March
15, 1906, as amended and re-enacted by an act approved March 12,
190&; as amended and re-enacted by an act approved March 10, 1910.

Approved March 14, 1912.

1. Be it enacted by the general assembly of Virginia, That
an act entitled ‘“‘an act to amend and re-enact an act entitled an
act to establish a general road fund for the permanent improve-
ment of the roads and the bridges of Dinwiddie county; to create
a road board for Dinwiddie county, and to prescribe its powers
and duties, and to provide for the appointment of county superin-
tendent of roads and to regulate his duties,” approved March
eighth, nineteen hundred and four, as amended and re-enacted
by an act approved March fifteenth, nineteen hundred and six,
as amended and re-enacted by an act approved March twelfth,
nineteen hundred and eight, as amended and re-enacted by an
act approved March tenth, nineteen hundred and ten, be amend-
ed and re-enacted so as to read as follows:

§1. The board of supervisors of Dinwiddie county shall
create a special road fund by setting apart and appropriat-
ing thereto one-half of the road tax of said county in each year,
which special road fund and such other moneys as may be
lawfully appropriated thereto, shall be expended for the per-
manent improvement of the main public roads of said county,
in such manner and in such proportions as the road board may
determine. Permanent improvement shall include only the build-
ing of macadam, gravel or sand-clay roads, or the repairing of
roads which have been improved permanently with State aid,
or the doing of work on main public roads under the direction,
or with the approval of the State highway commissioner, and the
sald special fund may be used in order to obtain the benefit of
any laws which may be passed granting State aid to county
highways.

S2. The other half of said road taxes shall be set: apart for
the building and repair of bridges and for the repair of roads
and shall be known as the bridge and repair fund, in such man-
ner and in such proportions as the road board may determine.

$3. There is hereby created a board to be known as the road
board of Dinwiddie county, which shall consist of one member
from each magisterial district, and one member from the county
at large. The members now in office shall continue in office until
July first, nineteen hundred and twelve. On or before the first
day of July, nineteen hundred and twelve, the judge of the cir-
cuit court of said county, in term time or vacation, shall appoint
the members of the said road board who shall hold office until
January first, nineteen hundred and fourteen, after which the
member of the said board from each magisterial district shall be
elected by the qualified voters of each district, and the member
from the county at large shall be elected by the qualified voters
of the county, at the regular election to be held in November,
nineteen hundred and thirteen, and biennially thereafter. Their
term shall begin on January first next succeeding their election,
and they shall hold office for a term of two years and until their
successors are elected and qualified. The said road board shall
have the general supervision and control of all the roads and
bridges in Dinwiddie county and on the part of said county
shall agree with the adjoining counties and cities in regard to
the direction and maintenance of bridges between said counties
and such adjoining counties and cities. It shall have authority,
and it shall be its duty to designate the road or parts of roads
in each district of said county, to be known as the main public
road, and to specify the character of improvement to be made on
each road. So far as practicable each main public road shall be
improved in a permanent manner out of the fund set apart under
section one of this act, with such aid from the State highway
commissioner or other State authorities. The bridge and repair
fund set apart under section two of this act or so much thereof as
may be needed, shall be used for the keeping in repair the roads
or parts of roads not attempted to be permanently improved,
and for the erection and maintaining of bridges in said county,
or between said county and some other county or city.

§4. The road board shall appoint one of its members chair-
man, and may appoint one of its members secretary, and may
at their discretion appoint a county superintendent of roads,
who shall be a civil engineer or a person skilled in road building,
and who shall hold office during the term of one year, and re-
ceive as compensation a sum of not exceeding seven hundred and
fifty dollars per year, and perform such duties as may be by said
board prescribed. Said board shall constitute, empower and di-
rect a county superintendent of roads to construct or have con-
structed by contract, by the lowest responsible bidder, to repair or
have repaired by contract by the lowest responsible bidder, all
bridges in said county, which may need to be constructed or re-
paired. And said board may authorize said county superintendent
of roads to let to contract to lowest responsible bidder the repair
and maintenance according to plans and specifications to be pre-
pared by him and approved by said road board, such roads or
parts of roads not designated as main public roads, under sec-
tion three of this act. Said county superintendent of roads shall
prepare plans and specifications for all bridges to be constructed
and repaired by contract, and shall not let any such contract
without the approval of said road board, and on all contract
work, superintendent may reject any and all bids. Said board
may employ such engineers, agents or servants as may be neces-
sary, prescribe their duties and fix their compensation, and shall
have full power to purchase machinery, teams, supplies and ma-
terials, and perform all other things necessary to carry out the
provisions of this act. It shall also have authority to prevent
the public from travelling on any road or portion of road while
the same is being built, improved, or repaired; and after reason-
able notice to the parties in interest to remove any fences or
other obstruction to the roads of said county, and any person
who shall attempt to interfere with said board or its agent in the
discharge of such duty shall be deemed guilty of a misdemeanor,
and be fined not less than twenty dollars nor more than one hun-
dred dollars for each offense. If the beds of the public roads of
the county be encroached upon or the necessary water drains be
destroyed or obstructed, by persons cultivating on either side of
the road, it shall be the duty of the superintendent or member
of the road board of his district to notify the person so tres-
passing by written or personal notice to repair the damage or
remove the obstruction, and if the same is not done within ten
days after notice, such obstruction shall be removed or damage
repaired, and the road board may recover the expense with cost
before any magistrate of the county. All salaries, machinery,
teams and supplies and wages for permanent work shall be paid
out of the said special road fund. All material for bridges and
repair work and all labor performed thereon, shall be paid out of
the said bridge and repair fund. The members of said board
shall each receive the sum of forty dollars per year. The secre-
tary shall receive twenty-five dollars per year, and if he be a
member of said board, this amount shall be in addition to his pay
as member. In addition to above named salary, the members
of the board, other than the chairman, may receive the sum of
two dollars per day for actual inspection of the roads of their
respective districts, returns of said inspection to be made in
writing, roads inspected named, and any recommendation deem-
ed proper made, but in no case shall the sum paid for inspection
exceed the sum of ten dollars per annum in any one district. It
shall be the duty of the secretary to keep a record of all the meet-
ings of said board, and an itemized account of all expenditures
made upon the warrant of said board, and shall perform such
other clerical work as may be required by said board. A copy of
said itemized account, verified by the oaths of the chairman and
secretary, shall be filed and recorded in the clerk’s office of the
circuit court of said county upon the first day of each term there-
of and a copy posted at the front door of the courthouse. The
member of the said road board shall each give a bond in the
penalty of two thousand dollars conditioned for the faithful per-
formance of their duties of said offices. And said superintendent
shall give a bond in the penalty of at least one thousand dollars
for the faithful performance of his duties.
$5. Said board may make all necessary contracts and may
require proper bond from all contractors for faithful perform-
ance of contract. All work in contract shall be done and performed
to the satisfaction of the said road board, and all money shall be
paid by the warrant of said board upon the treasurer of said
county, which warrants shall designate the fund from which the
same should be made. The treasurer shall annually settle his
account with the road board and board of supervisors.

$6. The board of supervisors of said county shall annually
levy along with county levy a special tax upon the property, real
and personal, assessed for taxation in said county, which to-
gether with the county levy received from railroads, canals,
telegraph and telephone companies shall constitute the road taxes
of Dinwiddie county, to be divided as provided in sections one
and two of this act. Said special tax shall not be less than ten
nor more than twenty cents on every one hundred dollars value
of such property, and shall be collected, accounted for and paid
out of the general county levy, unless otherwise provided for by
this act. The said board of supervisors shall have the authority
to appropriate to the general road fund provided for by this act,
any balance that may remain at the end of any fiscal year to the
credit of the county fund or levy or so much of said balance as
said board may deem it wise to appropriate; and the said board
may, at any time, appropriate the said general fund sums from
the county levy, as it may deem necessary and proper, in addition
to the special tax hereinbefore provided for, and the county levy
received from railroads, canals, telegraph and telephone com-

anies.
P §7. No supervisors or other public officers shall have any
pecuniary interest in any work or contract done or performed
under the provisions of this act, except as herein provided, ex-
cept further, that the county surveyor may hold office of county
superintendent of roads.

§8. The members of the said road board and the county
superintendent of roads shall qualify by taking the usual oath
for the faithful performance of their duties.

§9. The road board of Dinwiddie county shall have authority
conferred upon the board of supervsiors by the general road law,
chapter forty-three of the Code of Virginia, to re-locate and to
establish new roads, and the attorney for the commonwealth of
Dinwiddie county shall render such legal service to the road
board as may be necessary without additional compensation be-
yond that paid by the board of supervisors.

§10. All acts or parts of acts in conflict with this act are here-
by repealed.