Chap. 129.—An ACT for working and keeping in repair the public roads in
orfolk county.

Approved February 1, 18M.

1. Be it enacted by the general assembly of Virginia, That all of
the public roads in the county of Norfolk shall be improved and
worked in the following manuer, to wit:
2. The county court shall appoint one road trustee for each magis
terial district, who shall be a resident voter thereof, and whose term
of office shall be four years from the first day of July next succeed.
ing his appointment, except that the county court shall, at the time
of appointing the first six trustees under this act, designate three of
such trustees, whose term of office shall terminate at the expiration
of two years from the first day of July next succeeding their quali-
fication. After the first appointment under this act, three of the
members of such board of trustees shall be appointed biennially
whose term of office shall be four years, as hereinbefore designated.
The road trustees of the several districts shall constitute a county
board of road trustees. They shall be appointed at the May term
of the county court next preceding their term of office. The trus-
tees shall qualify as other district officers are required by law to
qualify, and each of them shall enter into and acknowledge a bond
before the court or judge before whom he qualifies, with surety to be
approved by the court or judge in the penalty of not less than one
thousand dollars. Such bond shall be payable to the county, and
with condition for the faithful performance of his duties as euch
trustee.

38. The board of trustees shall have control of all public roads
within the county, and shall make and prescribe such specifications,
restrictions, directions, rules and regulations as they may deem best
for the working, keeping in order and repairing the roads in the
county. They shall designate the principal roads in the county
upon which they shall, in their discretion, order more work to be
done, and more money expended upon than upon other roads of less
importance.

4. The trustees shall, on the first Monday in each month, hold a
meeting at the court-house of the county for the discharge of their
duties, and may appoint and hold such other regular meetings and
such special meetings at such other times and places as may be
necessary for that purpose. Four of the trustees shall constitute a
quorum for the transaction of business.

5. The board of trustees shall, at their first meeting, and every two
years thereafter, choose one of their number as chairman and an-
other as clerk of the board. The chairman shall preside at such
meeting and at all other meetings during the term of his office as
chairman, if present, but in case of his absence from any meeting,
the members present shall choose one of their number as temporary
chairman. Every chairman shall have power to administer an oath
to any person concerning any matter submitted to the board or con-
nected with their duties. Theclerk of the board shall keep a record
of all the proceedings of the board, and perform such other clerical
duties pertaining to the work of the board as it shall direct. He
shall receive for his services as such clerk an annual salary of thirty
dollars, to be paid out of the general road levy upon the order of the
county court. All expenses incurred by the board in the discharge
of its duties shall be paid by the order of the board upon a warrant
issued by the clerk of the board and signed by the chairman thereof.
And all books and records of the proceedings of the board shall be
kept in the clerk’s office of Norfolk county for inspection of th
citizens of the county. °

6. A special meeting of the board of trustees shall be held wher
requested by two or more members thereof, which request shall be it
writing, addressed to the clerk of the board, and specifying the time
and place of meeting, and upon such request the clerk shall immedi.
ately issue a summons, directed to the sheriff of the county, com.
manding him to summon each member of the board to appear at the
time and place mentioned. The sheriff shall be allowed fifty cents
for the service of each summons, payable out of the county levy
They shall sit with open doors, and all persons conducting themselves
in an orderly manner may attend their meetings. They may require
the sheriff of the county in person, or at his option one of his depu-
ties, to attend their meetings and preserve order, or discharge such
other duties as may be necessary to the proper dispatch of the busi-
ness before them; and such officer for his services shall be entitled
toa compensation, to be ascertained by the board and paid out of the
general road fund, not exceeding two dollars per day or ten dollars
perannum. All questions submitted tothe board for decision under
the provisions of this act shall be determined by a vote of a ma-
jority of the trustees present, but in any case in which there shall
be a tie vote of the board upon any question it shall be the duty
of the clerk of the board to certify that fact to the judge of the
county court, who shall thereupon attend the meeting of the board,
and the vote of the board shall be again taken upon such ques-
tion; and if again there be a tie it shall by the duty of said judge
to give the casting vote and thereby decide such question, where-
upon the proper order in execution of such decision shall be entered
by the clerk. Every decision and order so made and entered shall
be as binding and valid as if the same were determined and entered
upon the vote of all or a majority of such board.

7. It shall be the duty of each trustee to go over the roads of his
district at least once within the months of February and August of
each year, and shall keep himself informed as to the condition of
the public roads and bridges in his magisterial district, the manner
in which they are worked and kept in repair, and whether or not
the commissioners (as hereinafter designated) have fully performed
their duties, and make a written report thereon to the board of
trustees on the first Monday in March and September in each year,
and file the same in the clerk’s office of the county court. Each
trustee shall sign all warrants for the payment of work on roads in
his district, and shall receive for his services an annual salary of
one hundred dollars, to be paid by the treasurer out of the general
road levy upon the order of the county court.

8, The county court shall appoint two road commissioners, one for
each revenue district, whose term of office shall be four years from
the first day of July next succeeding his appointment. They shall
be appointed at the May term of the county court next preceding
their term of office, and shall qualify as other district officers are re-
quired by law to qualify, and each of them shall enter into and ac-
knowledge a bond before the court or judge before whom he qualifies,
with surety to be approved by the court or judge, in the penalty of.
not less than two thousand dollars. Such bond shall be payable to
the county, and with condition for the faithful performance of his
duties as such commissioner.

9. It shall be the duty of each road commissioner to lay off all the
public roads in his district into sections, which he may designate by
numbers, the lengths of which sections shall not exceed five miles.
The commissioner shall ascertain the amount and character of work
to be done in each section in his district, and shall prepare speci fica-
tions thereof, which shall be posted in three or more public places on
the section in which the work is to be performed, authorizing bids
for the same. The commissioner shall publish along with the speci-
fications the number of persons residing on such section who are lia-
ble to road duty, as also the time and place at which he will open the
bids for the work on such section, requiring all bids to be in on the
day previous to the day appointed for opening the same. The con-
tract shall be awarded to the lowest bidder, who shall be required to
accept, at his own risk and on his own account, in part payment of
the contract price for such work, the work of all such persons re-
siding on the roads embraced in his contract who are liable to road
duty, as hereinafter provided, the value at which such work is to be
accepted by him to be stated in his bid, and to be deducted from the
price stated in his contract. The contractor may, in lieu of such
work, have the right to collect by levy the fines of such persons
hereinafter prescribed. The commissioner shall require the con-
tractor for such work to execute to him a written agreement setting
forth all matters appertaining to the contract. The commissioner
may, in his discretion, reject any or all bids. When the work con-
tracted for shall have been completed, the commissioner shall inspect
the same, and if it shall appear to him to have been performed in
accordance with the terms of the contract, he shall issue to the con-
tractor a warrant upon the county treasurer for the amount due him
under the contract, the warrant to be signed by the commissioner and
countersigned by the trustee of the district wherein the work was
done, and also by the chairman of the board, upon the order of the
board. All matters in controversy arising under such contract be-
tween the commissioner and the contractor shall be submitted to the
board of trustees, and finally settled by them. When any section of
road is not under contract for repairs the road commissioner shall
appoint for said section, and for such time as the said commissioner
may determine, an overseer, who shall work the men assigned to him
who may be liable to road duty under this act. The overseer of each
section shall have such additional work done on his section as may
be required of him by the road commissioner, subject, however, tc
the regulations of the board of road trustees. Every overseer shal!
receive for his services the sum of one dollar per day for actual ser-
vice, to be paid out of the general road levy. The road commissioner
may remove an overseer at any time. The commissioner shall an-
nually, on the first Monday in December, make to the board of trus-
tees a full report of his work as commissioner for the past year
Each road commissioner shall receive for his services an annua
salary of eight hundred dollars, to be paid monthly by the county
‘reasurer out of the road levy.

10. All male persons residing in the county who may have attained
he age of twenty-one years and are under gixty years of age shall be
jable to road duty, and shall, either in person or by sufficient substi-
ute, when notified by either the commissioner of- his district or the
-ontractor for such work under this act, their deputies, agents or
verseer, attend with proper tools and work the roads on such days,
10t exceeding two days in any one year, as the commissioner, con-
ractor, their deputies, agents or overseers shall direct; but any per-
ion who shall pay to the commissioner, contractor, their deputies,
igents or overseers the sum of one dollar, shall obtain therefor a
eceipt, which shall exempt him from road duty for one year from
he time of said payment: provided, however, this fine of one dollar
shall be paid on or before the first day set for said work. If this
ine of one dollar be not paid according to the provisions of this
act, then for every day on which there may be a failure to work a
ine of seventy-five cents shall be paid to the commissioner or con-
tractor within thirty days thereafter by the person in default. If
the fine be not paid, the commissioner or contractor shall make out
a ticket against the party for the amount thereof, with an addition
of fifty per centum for costs, which ticket shall be placed by him in
the hands of the constable or the sheriff of the county for collection:
provided, however, that such person may, after notice to such com-
missioner or contractor, apply to the county court, or judge thereof
in vacation, or to the trustee of his district, and for good cause
shown, have said fine remitted, or such delinquent may, before the
ticket goes into the hands of the constable or sheriff, discharge said
fine by labor upon the roads in his district. The officer having
charge of the collection of fines may distrain therefor or otherwise
collect the same in the mode prescribed for the collection of taxes
and county levies. He shall account to the commissioner or the con-
tractor who placed the tickets in his hands for all fines collected
by him, and shall turn the same over to the commissioner or the
contractor, as the case may be, retaining the costs aforesaid, and
return to the board of trustees, at their February meeting in each
year, a list of all fines which may have been collected by him and
turned over to the commissioner, and a list of all delinquents, which
list shall be passed upon by the board; and such amount thereof
as may not be approved by the board, the collecting officer shall be
liable to the commissioner, and forthwith pay the same to him.
Such fines so collected and returned to the commissioner shall be
applied to the general road fund of the district wherein such fine
was collected, to be used and applied by the commissioner in work-
ing the roads in such district in manner hereinbefore provided.

11. The county court shall have power to remove any officer ap-
pointed under this act at any time during the term of office for neg-
lect of duty or malfeasance in office. A vacancy in the office of any
officer appointed under this act shall be filled by the county court;
and in case of a vacancy where the office has been filled partly by
one officer and partly by another in one year, the annual compensa-
tion shall be apportioned between them by the board of trustees in
such manner as may be just. A recovery on any bond, as herein-
before prescribed, shall be for the benefit of the road district of the
officer against whom the recovery was made.

12. No trustee nor commissioner appointed under this act shal]
become interested, directly or indirectly, in any contract or in the
profits of any contract made by or with any person who may con-
tract for work on roads or in the sale or furnishing of supplies or
materials for such work. The amount embraced in any such con-
tract in which any such trustee or commissioner may be so interested
shall not be paid in whole or in part, and if paid mav be recovered,
with interest, by the county, in the circuit or county court of the
county, by action or motion, within two years from the time of pay-
ment.

13. The board of supervisors of the county shall levy and appro-
priate, for general road purposes under this act, the capitation tax
of fifty cents on every male citizen in the county over twenty-one
years of age, as allowed under the constitution, and they shall levy
along with the county and in addition to the capitation tax, a tax
upon the property, real and personal, assessed for taxation in the
county, which shall be applied to the working, keeping in order and
repairing the public roads and bridges and the compensation of the
officers appointed under this act. Such tax shall not be less than
fifteen nor more than twenty cents upon every hundred dollars in
value of such property, and the same shall be collected, accounted
for and applied as road funds under this act as if it were a county
levy. The board of supervisors shall also appropriate one-half of
the county’s annual income from the Norfolk county ferries for gen-
eral road purposes under this act. The board of supervisors shall
have power to make any additional appropriation, for general road
purposes under this act, from the general county levy not otherwise
expended, but no money shall be spent on th? roads or bridges ex-
cept through and by the road officers appointed under this act.

14. The board of trustees shall, annually, at their meeting in
March, make in writing an estimate for the ensuing year of the funds
and levies under this act necessary to be applied to the working,
keeping in order and repairing the public roads and bridges in the
county, for the compensation of the road officers and other expenses
provided for under this act, and file a copy of such estimate with
the board of supervisors at their regular meeting in April in each
year; and the board of supervisors shall make such levy, subject to
the restrictions contained in section fourteen of this act, as shall be
so recommended by the board of trustees.

15. All acts and parts of acts inconsistent or in conflict with this
act are hereby repealed.

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