CHAP. 512.—An ACT to amend and re-enact an act entitled an
act for working and keeping in repair the roads in the county
of Tazewell, approved February 24, 1888, and further to provide
for the permanent improvement of the roads in said county.

Approved February 29, 1892.

1. Be it enacted by the general assembly of Virginia,
That the board of supervisors of the county of Tazewell
shall take charge of and have kept in repair all the roads
and bridges established or that may hereafter be estab-
lished in said county; and for this purpose the said board
are hereby authorized and empowered to levy a road tax
not to exceed in any one year thirty cents upon the one
hundred dollars of assessed taxable values in said county,
one-half of which shall be used as hereinafter provided
for permanent improvements.

2. The said board of supervisors shall, as soon as pos-
sible after the passage of this act, appoint three discreet
citizens in each magisterial district, who shall at once
proceed to lay off all the public roads in their respective
districts into road precincts, no road precinct to contain
more than five miles of road, and apportion the hands
thereon, which hands shall be required to work on the
roads of the precinct to which they have been assigned
not more than three days in any one year.

3. When the roads have been laid off into road pre-
cincts, as hereinbefore provided, the board of supervisors
shall appoint a competent surveyor for each road precinct,
who shall hold his office until his successor shall be ap-
pointed: provided, however, that any surveyor who has
served two years and has the roads of his precinct in good
order, may resign. The board of supervisors shall report
a list of all road precincts and the surveyors appointed
therefor, and the changes made in such precincts and sur-
veyors, from time to time, to the county court; and there-
upon a writ shall be issued by said court to the sheriff, com-
manding him to give notice to the persons so appointed,
which writ the sheriff shall forthwith execute and return
to the clerk.

4. The board of supervisors shall appropriate to each
magisterial district one-half of the funds collected from
that district on the road tax, and apportion same among
the various road precincts, as in their judgment the pub-
lic interest demands, and may have all the hands allotted
to the cross or neighboring roads, and appropriate suffi-
cient funds to the more public highways, to hire the neces-
sary labor to keep the same in good order, and may au-
thorize any road surveyor to purchase such tools as may
be necessary to the successful working of the roads of his
precinct: provided, however, that when new bridges have
to be built or new roads opened, the board of supervisors
may appropriate ten per centum of the entire fund col-
lected under this act, to opening such roads or construct-
ing such bridges anywhere in said county.

5. It shall be the duty of each surveyor appointed under
this act to notify all the hands allotted to his precinct
when and where they shall meet to work the roads of said
precinct, and shall, with any money appropriated by the
board of supervisors to his precinct, hire hands to work on
said roads. But no hired hands shall be worked in con-
nection with or at the same time that persons are perform-
ing the work required of them under this act. He shall
superintend and direct all hands while at work, see that
the roads are kept clear of obstructions, of necessary
width, well drained, and otherwise in good order, and se-
cure from the falling of dead timber thereon. He shall,
on the first day of December, or at the first meeting of the
board of supervisors held thereafter, make a report under
oath to said board, showing the amount of money appro-
priated to his precinct and the amount received by him
on fines as hereinafter provided; the manner in which the
said amounts were expended; the number of days’ work
done; the percentage of said work done by hired laborers,
and the price paid per day therefor, and also the condition
of said roads.

6. All male persons between the age of sixteen and sixty
years shall, upon being notified by the road surveyor,
attend, either in person or by a sufficient substitute, with
proper tools and work the roads on such days as the sur-
veyor may direct, not to exceed two days in any one year:
provided, however, that ministers of the gospel, and per-
sons who have lost a leg or an arm, and persons-living in
an incorporated town that provides for its poor and keeps
its streets in order, are exempted from such work ; and other
persons who are otherwise disabled may be exempted by
order of the board of supervisors on account of such dis-
ability. For every day on which there may be a failure,
seventy-five cents shall be paid to the surveyor within
twenty days thereafter by the person in default, if a per-
son of full age, and if a minor, by his parent or guardian.
If the money be not paid in the time specified the sur-
veyor shall make out a ticket against such delinquent
party, or the persons liable to pay the same, for the amount
of said fine and place it in the hands of the constable of his
district or sheriff of the county, who is hereby required to
receive the same for collection and give his receipt to the
surveyor therefor, and said ticket shall have the force of
an execution. The officer who is charged with the collec-
tion of said fine shall proceed as in collecting taxes or
county levies. Such officer shall have a fee of twenty-five

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cents in all cases where the fine is collected by him, to be
paid by the party in addition to the fine. He shall pay
over to the surveyor all such fines within thirty days after
they have come into his hands, or return the same to the
surveyor as insolvent where the fines cannot be collected by
levy. If the officer shall fail.to make payment of the fine,
or return the same insolvent, within sixty days from the
date he received it, he and his sureties on his official bond
shall be liable for such fine, whether collected by him or
not, to be recovered by the surveyor upon motion before a
justice of the peace. Heshall return to the board of super-
visors annually, by the first day of December, a list of all
fines so collected, with the names of surveyors to whom the
same have been paid.

7. Each surveyor shall be paid one dollar for each day ac-
tually employed in working on roads where he has as many
as ten handsemployed, but he shal] not be allowed, however,
any compensation for warning in the hands; and for his
failure to comply with the requirements of this act, or to
keep the roads in as good condition as possible, with the
means at his command, he shall be fined not less than
ten nor more than fifty dollars, which shall be applied to
keeping his road in good order.

8. All levies made and collected under this act shall be
collected and accounted for by the county treasurer as
other levies are, and shall be paid out to the surveyors and
other parties entitled thereto on the warrant of the board
of supervisors.

9. The board of supervisors shall keep a book known as
the road book, in which shal] be kept an account of the road
tax levied in each magisterial district, and the amount
collected thereof, and how apportioned among the various
road precincts, and a list of the tools furnished to each sur-
veyor, who, upon new surveyor being appointed, shall ac-
count to the board of supervisors for all tools furnished
him. The annual reports hereinbefore required to be made
by each surveyor to the board of supervisors shall be re-
corded in said book, which shall be open at all times to
the inspection of tax-payers of said county.

10. The board of supervisors may establish toll-gates
and regulate the rates of toll on such roads as, in their
judgment, the public interest demands. The board of su-
pervisors may allow the clerk of their board a just com-
pensation for the extra work required of him under this
act.

11. Where great and unforeseen damages casually occur
to any road or bridge, the surveyor of the road precinct in
-which the same occurs, shall apply to the supervisor of his
district for authority to purchase materials, hire such addi-
tional labor and teams as may be necessary to repair such
damage. The said supervisor, if he deems it expedient,
may authorize the said repairs. Such surveyor shall re-
turn to the board of supervisors an account, on oath, of the
expenditures so made, and, if the board be satisfied of the
correctness of such account, shall allow the same.

12. It shall be the duty of the board of supervisors to
provide and spread upon their record a plan of letting to
contract all repairs upon roads or bridges which are to
be done under contract, and in any case where great
and unforeseen damages occur to any road or bridge, the
supervisor of the district in which it occurs, instead of au-
thorizing it to be repaired by the surveyor of roads, may
let same to contract, according to the plans provided by
the board of supervisors.

13. No new roads shall be located or new bridge estab-
lished, or alteration made in an established road, except
upon the application to the county court by some citizen
of the county, and no cost or expense incurred in making
such application, and no cost or expense incurred in mak-
ing survey and location of said new road or bridge, or alte-
ration in established road, shall be paid out of the county
treasury, unless the application for same shall be accom-
panied by the recommendation, in writing, of the board of
supervisors, or a majority thereof; and if, upon the hear-
ing of such application, made in said manner, the county
court shall establish the said road, then the same shall be
certified to the board of supervisors, together with the
probable cost thereof; and the said board shall then take
such action thereon as they may deem best in the then
condition of the finances of the county. But nothing in
this section shall prohibit or prevent the county court of
the county from making surveys upon, or establishing
such new roads, bridge, or alteration at the expense of the
applicant therefor.

14. In order to provide for the permanent improvement
of the roads of Tazewell county, and for the macadamiz-
ing of certain sections of said roads, the board of super-
visors are hereby authorized and empowered to borrow for
the county such sum or sums of money, so that the indebt-
edness of the county therefor shall not exceed at any one
time sixty thousand dollars; and to secure the money bor-
rowed, the board of supervisors are authorized and empow-
ered to execute and sell the bonds of said county of Taze-
well. The bonds to be executed under the seal of the
board of supervisors of said county, signed by the president
of the board of supervisors and attested by the clerk of
the board. Said bonds, however, shall not run longer than
thirty years, and shall not bear a greater rate of interest
than six per centum per annum, the interest to be payable
semi-annually, and said bonds shal]! not be sold below par;
but nothing herein shall prevent or preclude the said board
from paying a commission to a broker or other person to
have said bonds placed.

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15. The board of. supervisors shall set apart and appro-
priate one-half of the road tax which they are authorized
to levy under the first section of this act, to meet the in-
terest accruing on the indebtedness so created and provide
» sinking fund for the discharge of said indebtedness;
and they shall also set apart and appropriate for the same
purpose all amounts arising from county tax on any rail-
road now constructed in said county or which may be here-
after constructed within the limits of said county ; and the
said board of supervisors are also authorized to appropri-
ate to the same purpose any other money in the county
treasury not otherwise needed.

16. The money borrowed for permanent improvements
under the provisions of this act shall be under the control
of a board of managers, which said board of managers
shall be composed of three members of the board of super-
visors and of Alexander St. Clair, of the Clear Fork
magisterial district, and in case of the death of either one
of the above-named persons the county court, or the judge
thereof in vacation, shall have power to appoint a succes-
sor in the place and stead of such person; James E. Peery,
of the Jeffersonville magisterial district, and Joseph 8.
Gillespie, of the Maiden Spring magisterial district. Said
board of managers shall see to the expenditure of the
amount so borrowed, and same shal! be expended upon the
roads of said county as follows: Twenty-eight thousand
dollars on the main road leading through said county from
Burke’s Garden, by Tazewell court-house and Liberty Hill
to the Russell county line, to be applied at such places on
said main road as the board of managers may deem best;
two thousand dollars on the Plum creek gap road and on
the road leading from the forks of the road, neardVudge S.
L. Graham’s, to Pisgah; the remaining thirty thousand
dollars shall be distributed equally among the three magis-
terial districts of said county, and ten thousand shall be
applied upon the roads of each of said districts under the
direction of said board of managers.

17. Said board of managers are hereby authorized to let

to contract the work of permanent improvements herein
provided for, according to a plan to be provided by said
board, and said board shall have authority to accept from
the contractors such bonds as the board may deem neces:
sary to secure the faithful performance of the work. Saic
bond shall be made payable to the county of Tazewell, and
said county shall have the right to sue upon and enforce
same.
18. All the work done on said permanent improvements
shall be according to specifications and plans provided by
said board of managers, and said board shall determin
whether the work has been done according to contract, anc
thereupon accept the same.
19. The president of the board of supervisors shall be
ex-officio president of the board of managers, and no busi-
ness shall be transacted by the board unless there be a
quorum present, and it shall take four members of the
board to constitute a quorum, and all questions arising be-
fore the board of managers shall be decided by a recorded
vote of said board, and no action shall be taken by said
board of managers except upon a vote of a majority of
those present at any legal meeting of said board of man-
agers. Said board of managers may be assembled upon
reasonable notice from the president of the board, or upon
notice from any two members of the board in writing.

20. All money so borrowed or arising from the sale of
the county bonds, shall be paid into the county treasury,
and all accounts for work done or materials purchased or
furnished, shall be audited by the board of managers in
meeting assembled; and, when allowed on said board,
shall be paid upon a warrant drawn by the president of
the board and directed to the county treasurer.

21. Each member of the board of managers shall be
allowed as compensation for the service required to be
performed by him, under the provisions of this act, at the
rate of two dollars per day for the time they are actually
engaged about the performance of duties required of them ;
and in the event either of the members of the board of
managers herein named, other than the members of the
board of supervisors, should refuse to act, then the other
members of the board of managers shall elect another
citizen of the magisterial district in which the member
so refusing to act resides; and in the event of any or
either of said board of managers, other than a member of
the board of supervisors, should die, or from any other
cause becomes disqualified to act, then any such vacancy
shall be filled in manner above prescribed.

22. Said board of managers are hereby authorized to
employ such persons and agents as may be necessary to
carry out the provisions of this act.

23. Said board of managers shall keep a record of their
proceedings in a book provided by them for the purpose,
and the clerk of the board of supervisors shall be ex-
officio clerk of the board of managers, with such compen-
sation as said last-named body may provide.

24. All acts and parts of acts in conflict with this act
are hereby repealed.

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