Chap. 413.—An ACT to amend and re-enact sections 5,6 and 10 of an act en-
titled an act to provide for the working of the public roads in King George
county, approved February 29, 1892.

Approved February 26, 1894.

1. Be it enacted by the general assembly of Virginia, That sections
five, six and ten of an act entitled an act to provide for the working
of the public roads in King George county, approved February twenty-
ninth, eighteen hundred and ninety-two, be amended and re-enacted
so as to read as follows:

§ 5. That all male persons in said county may be called upon to
work some public road in the district in which he may reside, with
the following exceptions, namely: ministers of the gospel and per-
sons under twenty-one and above sixty years of age, any person who
has lost a leg or an arm or who is otherwise disabled. Each person
who works upon the public road, when called upon by the surveyor,
shall be paid in the manner herein prescribed out of the county levy
at the rate of seventy-five cents per day.

(a) Itshall be the duty of each road surveyor to keep a list of
those who may becalled upon to work the public roads in his district,
and to keep an exact record of each day’s work, or fraction thereof,
and the names of the parties doing the work. It shall not be lawful
to call upon any one person twice until every person upon such list
shall have been summoned: provided, however, the road surveyor
shall in no case call upon or summon any indifferent workers upon
the road, but such men may be stricken from the list by the surveyor.
It shall be the duty of the surveyor to see that the men at work upon
the road do their duty faithfully and efficiently, and no one shall in
any case be paid in full unless he so performs his work; and such per-
son, in the discretion of the surveyor, may thereafter be stricken from
the surveyor’s list. In no case shall the surveyor have more men at
work upon the road at any one time than may be required to com-
plete the work with reasonable dispatch.

(b) It shall be the duty of the surveyor to give to each party who
has worked upon the road, in a manner satisfactory to the surveyor,
a certificate showing the number of days or fraction thereof worked
by such party.

(c) At the January and June terms of the county court each sur-
veyor shall return to the court a list of the men who have performed
work upon the roads in his district, in obedience to call for six
months, last past, an itemized statement of the time engaged, and the
amount respectively due for such work; and also a statement of
number of teams, wagons, carts, plows and such other implements
used, by whom furnished, the amount due for each and time actually
employed in work. This return shall be sworn to before the court
by the surveyor at the time it is made, and the court may, if it deem
it necessary, require any other evidence as to its correctness. No
such return shall be passed upon unless it is in proper form. Such
return may be approved in whole or in part by the court, or it may
reject the same in toto. If approved in any way, it shall as ap-
proved be certified by the court to the board of supervisors, which
shal] issue proper warrants to each individual upon the county trea-
surer De payments of amounts due—subject, however, to subdivi-
sion D.

(d) It shall be the duty of the board of supervisors to carefully
scrutinize each return so certified, and if from the knowledge of any
member, or from other evidence not known to the court at time of
return, there be any reason why any return or any part thereof
should not be allowed, the board shall send same back to the court
at the next term, giving reasons in writing for its action. In such
case the court may take such action as it may deem proper and
necessary, and if it allows the same in whole or in part, shall again
certify the return to the said board for payment as aforesaid.

(e) The day for work mentioned in this act shall not be less than
eight hours.

(f). Any surveyor who violates any provision of this section or
any other section of this act shall be fined not less than ten dollars
and shall be removed from office.

(g) All warrants issued by virtue of this section shall be received
in payment of all] dues and demands held by the county against the
legal holder thereof, except what may be due for county or district
free school purposes: provided, if the board of supervisors of said
county at any time think it to the best interest of the said county
to have said roads worked by contract, it is hereby authorized and
empowered to have said roads so worked, and to this end is here-
by authorized and empowered to make all such rules and regulations,
contracts and agreements as may be expedient, proper and neces-
sary: provided, however, such rules and regulations, contracts and
agreements are approved hy the county court of said county. The
board of supervisors, at its annual meeting, or as soon thereafter as
practicable, is empowered to levy a road tax, not to exceed twenty
cents on the one hundred dollars’ worth of property, to be collected
by the county treasurer and accounted for by him with other county
levies; but the tax so levied and collected in each district shall be
used and applied in that respective district; and if said board of
supervisors determine to have said roads worked by contract system,
the provisions of this act which may be inconsistent with the same
shall in no case apply.

6. Each person who works upon the public roads for compensa-
tion at the rate of seventy-five cents per day shall be entitled to full
pay only if he brings with him some implement which can be used
with the hand.

§ 10. Every surveyor of a road shall be entitled to receive for sum-
moning hands to work on the public roads a sum not exceeding five
cents for each hand summoned, the same to be fixed by the board of
supervisors, and he shall receive, in addition thereto, the sum of
seventy-five cents per day for each day that he may supervise the
working of the road. Every surveyor shall present his account for
services under this act, together with all expenses incurred by him
in working the roads under his charge, to the county court at its
January and July terms, verified by his oath and certified to by at
least two freeholders of his road district, that the services, work and
expenses therein set forth were actually rendered and incurred, and
that the same were necessary, which, if allowed by the court, shall
be certified by it to the board of supervisors.

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