Chap. 339.—An ACT providing for the working and keeping in order, building
and maintaining the public roads and bridges in the counties of Scott and Lee,
the opening and establishment of new roads, and to provide the funds therefor.

Approved February 14, 1898.

1. Be it enacted by the general assembly of Virginia, That the hoard
of supervisors of Scott and Lee counties shall, on and after the first day
of April, eighteen hundred and ninety-eight, take charge of and have
worked and kept in good order and repair, subject to the provisions of
this act, all public roads and bridges established, or that may be here-
after established, in said county, and for this purpose may, in addition
to those hereinafter prescribed, adopt such rules and regulations as they
may deem proper, expedient, and necessary.
2. The suid beard of supervisors shall annually levy along with the
county levy, a road tax upon the property, real and personal, assessed
for taxation in the several magisterial districts of their county, which
shall be applied, as hereinafter provided, to the working, keeping in or-
der, and repairing the public roads and bridges in the magisterial district
in which such tax is levied. Such tax shall be not less than twenty nor
more than thirty-five cents upon every one hundred dollars in value of
such property, and the same shall be collected and accounted for by the
treasurer of said county, and paid out only on the warrant of the board
of supervisors. The fund collected from each magisterial district shall
be kept separate by said treasurer, and a different rate of tax may be
prescribed for different districts in the same county. And the amount
collected in each district shall be expended therein.

Tax derived from railroads shall be equally distributed among the seve-
ral districts in said counties: provided, that such tax derived from the
South Atlantic and Ohio railroad in the county of Lee shall be applied
solely to that district through which it runs.

3. Such bridges as are now established, or may be hereafter estab-
lished, across the boundary line between two magisterial districts shall
be built, repaired and maintained by the said two magisterial districts
jointly, in equal proportion; and all bridges as aforesaid between the
said county of Scott and adjoining counties shall be built, repaired and
maintained as now provided by law.

4. The county court of said counties, or the judge thereof in vacation,
shall, prior to the first day of May, eighteen hundred and ninety-eight,
appoint one inspector of roads and bridges for each magisterial district,
which inspectors shall reside in the respective districts for which they
are appointed, and it shall be their duty to inspect and supervise the
roads and bridges within their respective districts, and report the condi-
tion thereof as often as requested tothe board of supervisors. The said
inspectors shall hold their office for the term of two years from the first
day of July after their appointment unless sooner removed by said
court, or the judge thereof in vacation, for neglect of duty or malfeas-
ance in office. The said inspectors shall each receive the sum of one
dollar per day for their services hereunder, not to exceed twenty dollars
for any one vear, to be paid them at such times in each year and in such
amounts by warrants drawn by the board of supervisors on the treas-
urer of the county as said hoard may determine. Any vacancy in the
office of inspector shall be filled for the unexpired term by the court
aforesaid, or the judge thereof in vacation. Said inspectors, before en-
tering upon the duties of their office, shall severally take and subscribe
an oath to faithfully perform the duties of their office of inspector,
which oath shall be filed with the clerk of the county court of said
counties.

5. Mach inspector shall, as soon as practicable after his appointment
and qualification, but before the fifteenth day of June, eighteen hundred
and ninety-eight, carefully examine all public roads and bridges within
his district, and shall lay off and divide said roads into sections. He
shall designate each section by number, and as follows:

toad section number , for magisterial district; extending
from to

Said inspectors shall attend and file with the board of supervisors at
their annual meeting in June, eighteen hundred and ninety-eight, and
annually thereafter if required, a list of the various sections into which
they have divided the roads of their respective districts. For failure on
the part of any inspector to perform the duties imposed by this section
he shall forfeit five dollars of his salary, which shall be withheld by
the board of supervisors and applied to the road fund of the district
for which said inspector is appointed. |

6. The board of supervisors may, at any time, in their discretion. Jet
to contract by the year or for a shorter term, to the lowest suitable
bidder, any section or sections of road and bridges therein in any magis-
terial district. If they deem it necessary they may advertise for such
bids, reserving the right to reject any or all of them. Such contract
shall be in writing signed by the parties and shall set out the character
of the work required to be done in addition to what is specified and
required by section nine hundred and eighty-two of the code of Virginia.
Each contractor shall be required to execute, contemporaneously with
the signing of said contract, a bond to the county, with good personal
security, approved by the board, in the penalty of at least double the
amount of his bid, for the faithful performance of his contract, and a
recovery may be had for any breach of said contract in the name of the
county in the county court, by a motion, after ten days’ notice to the
contractor and his securities, and in case of recovery on said motion, the
same costs shall be taxed in said judgment as if the motion was in favor
of the commonwealth, and any such judgment may be deducted by said
board of supervisors from the amount due said contractor on his contract.
If nothing be due him, however, or if such recovery exceed the amount
due him, then such amount or excess shall go to the road fund of the
district in which the road or bridge contracted to be worked, built, or
repaired, is located. The attorney for the commonwealth shall institute
and prosecute such motion. All such contracts and bond shall be drawn
by or under the supervision of the attorney for the commonwealth, and
for each contract and bond so drawn by him he shall be entitled to a
reasonable compensation to be paid by the contractor. All contracts and
bonds drawn and executed hereunder shall be filed with the clerk of the
board of supervisors. There shall, however, be reserved by the board of
supervisors a sufficient number of sections in each district to satisfy the
provisions of section twenty of this act.

7. The contractors shall be paid for work done under their contracts
semi-annually, or oftener, as tle board of supervisors may determine,
which payments shall be made by the warrant of said board upon the
county treasurer, payable out of the road fund of the district wherein
the road or bridge specified in the contract is located, but payment shall
be withheld by said board if at the time fixed for such pavment said
contractor's road is not in order or in accordance with his contract until
the inspector of roads for such district shall report it to be in the condi-
tion required by the contract: provided, that in no case shall more than
three-fifths of the money due under the contract he paid to any con-
tractor until the road, bridge or work has been inspected, accepted and
approved by the inspector of roads and supervisor of the district in
which such road or bridge is located or said work is done.
8. The inspector of roads of each magisterial district shall, as soon
as he has laid off the reads in his district into sections, appoint,
by and with the approval of the supervisor of his district, one over-
seer for each section of road so laid off, who shall be a discreet and
reliable man and a resident of the district for which he is appointed.
Such overseers shall qualify by taking the usual oath of office for the
faithful performance of their duties before a justice or other officer
authorized by law to administer the same, and each shall continue in
office until his successor is duly appointed and qualified, unless sooner
removed by said inspector and supervisor, in which case they shall pro-
ceed at once to fill the vacancy. The term of office of said overseer
shall be for two years, commencing on the first day of July after their
appointment. It shall be the duty of each inspector of roads to file
along with his report, required by section five of this act, a list of such
overseers showing the section to which each is assigned.

9. The board of supervisors shall, through one of their number or
the inspector of roads, and at such times as they may fix and prescribe,
inform the overseers of those sections which have not been or will not
be let to contract, directing and requiring them to work and put in
order their respective sections and designating the number of hands each
shall employ, and fixing a limit, if they think proper, to the number of
days said section shall be-worked, being governed in such by the amount
of the road fund for said district. All work ordered under this section
shall be done between the first of April and the first of November
in each year, but if any obstruction or other injury occur on any road
or bridge between the first of November and the first of April it shall be
removed or repaired as soon as practicable and in accordance with the
provisions of this act. Jn having roads worked or in letting the same
to contract the board of supervisor will observe the following order and
preference: First, all main throughfares; second, the most important
luteral roads; and third, all other roads.

10. It shall be the duty of the overseer of each section to be present and
give personal attention at any and all times when his particular section
is directed or ordered to be worked, and to supervise and list all hands
who shall report to him under the provisions of section twenty of this
act and be responsible for such tools as may be furnished him by the
board of supervisors or inspector of his district. Each overseer shal]
be required to keep the section of road under his charge clear and
smooth, free from loose rocks, from gates unlawfully kept up, and other
unlawful obstructions of the required width, well drained ; and in ad-
dition, conform to the requirements, as near as may be, of section nine
hundred and eighty-two of the code of Virginia. When the grade on
any road exceeds five degrees, it shall be put on a new location, or cut
down, when practicable, to this degree, as shall be deemed most expe-
dient by the board of supervisors, who shall determine the same, sub-
ject to the provisions of section sixteen of this act. Each overseer shall
be paid one dollar for each day of nine hours actually employed in
working on his section ; and for his failure to comply with the require-
ments of this act, or to keep his section of road (unless the same
be let to contract) in as good condition as possible, with the means at
his command andthe tinie allotted him for work by theboard of super-
visors, after he shall have been ordered to work the same, he shall be
fined not less than five nor more than twenty dollars, which shall be
applied to keeping his section of road in good order. It shall be the
duty of the inspector of roads or any citizen to report any neglect, fail-
ure or refusal on the part of any overseer to the attorney for the
commonwealth, who shall, if he be satisfied that there has been such
neglect, failure or refusal, proceed against such overseer, as provided
for in this act.

11. Each overseer shall provide himself with a book, in which he
shall keep separately the names of each person hired by him under the
provisions of section nine of this act, the number of days each works
and the amounts; he shall also keep in said book the names, number
of days worked, and amounts allowed each person who shall report to
him for work under the provisions of section twenty of this act. He
shall when and as often as required, deliver such book to the board of
supervisors or the inspector of his district for their inspection.

12. An itemized account of all labor done by himself and those hired
by him, and the amount therefor shall be made off and qualified to by
each overseer and submitted to the inspector of roads for his district,
and upon his approval said accounts shall be presented to the board of
supervisors, and, if found to be correct, said board shall draw their war-
rants therefor on the county treasurer, payable out of the road fund of
the district in which the work was done, and to the respective parties
entitled thereto. Each of said overseers shall also make off and file
with the board of supervisors a list of all to whom he has delivered the
itemized statement required by section twenty of this act.

13. Each person who shall be hired to work on any road under the
provisions of this act shall be paid for such work the sum of sixty cents
per day of nine hours each; there shall also be allowed and paid for
each wagon and team, with driver, the sum of one dollar and seventy-
tive cents per day of nine hours; and for such other things, not herein
provided for that may be needed, such wage or sum as the board of
supervisors in its discretion may fix. All accounts for labor or other
thing hereunder shall be made off, sworn to and paid as provided for by
section twelve of this act. Each person hired and performing labor under
this act shall provide and bring with him such tools as may be necessary
for him to have or required by the overseer.

t4. When it becomes necessary, in the opinion of any supervisor of
any district, that the overseer of any section within such district should
have a sledge-hammer, drill or powder and fuse for blasting, such super-
visor shall give an order therefor or procure the same, and the actual cost
therevf shall be paid by the board by warrant drawn on the road fund
of such district.

15. The board of supervisors shall keep a book known as the road
book, in which shall be kept an account of the road tax levied in each
magisterial district, and the amount collected thereof and how appor-
tioned among the various sections of roads and a list of all tools fur-
nished each overseer, who, upon a new overseer being appointed, shall
account to the board of supervisors or the inspector of his di+trict for
all tools furnished him. All accounts to be allowed under the provisions
of this act, all, reportg~end gettlements to be made orviwarrants to be
drawn shall be passed upon, audited, examined and made before said
board of supervisors semi-annually, or oftener, as said board may de-
termine. But said board of supervisors shall have no authority to ex-
pend in any one year an amount larger than the road tax collected for
their respective districts in that year, and for so doing they shall be lable
on their official bonds for the amount so overdrawn.

16. No new roads shall be located or new bridge established or altera-
tion made in an established road, except upon the application to the
county court by some citizen of the county, and no cost or expense in-
curred in making such application, and no cost or expense Incurred in
making survey or location of said new road or bridge or alteration in
established roads shall be paid out of the county treasury, unless the
application for same shall be accompanied by the recommendation in
writing of the board of supervisors or a majority thereof; and if upon
the hearing 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, and may award contracts
therefor under the provisions of section six of this act. All warrants
issued under the provisions of this section shall be payable out of the
county levy. 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.

17. Where any great or unforeseen damages or obstructions occur to or
on any road or ‘bridge, the overseer of the section in which the same
occurs, shall apply ‘to. the supervisor or inspector of his district for
authority to purchase such materials or hire such labor as may be neces-
sary to repair such damage or remove such obstruction. The said super-
visor or inspector, if he deems it proper and expedient, may obtain or
authorize such repairs or the removal of such obstruction, and de-ignate
to said overseer the number of hands to hire or the materials to get.
Such overseer shall return 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.

18. Overseers may take from any convenient lands so much wood,
stone, gravel or earth as may be necessary to be used in constructing or
repairing their respective sections or any bridge or causeway therein; and
may, for the purpose of draining the road, cause a ditch to be cut
through any lands adjoining the same: provided, such wood and other
articles be not taken from, and such ditch be not cut through, any lot
in atown, yard or garden without the consent of the owner. And if
the owner or tenant of any such lands from which such wood, stone,
gravel or earth may be taken think himself injured thereby, a justice, upon
application to him, shall issue a warrant to three freeholders, requiring
them to view the said lands and ascertain what is a just and reasonable
compensation to such owner or tenant for the damages to him on account
of such removal. The said freeholders, after being sworn, shall accord-
ingly ascertain such compensation and report the same to the board of
supervisors, whose decision thereon shall be final, and who shall draw a

_— ——~
warrant on the road fund of the district wherein such lands are situated
for such amount as they shall allow.

19. Each member of the board of supervisors shall receive, in addi-
tion to the salary now paid them, the sum of ten dollars per year for
their services under this act, to be paid out of the county levy.

20. Any person assessed with taxes hereunder for road purposes may
pay the same in work and labor performed by him or his employee on
the public roads of the magisterial district in which such tax is assessed
at the rate of sixty cents per day of nine hours each; and for such pur-
pose may report to the overseer of any section of road in said district
when the same is being worked under the supervision of the overseer
thereof. When such labor is performed, the overseer under whose super-
vision it is done, shall, when requested, give to the person by whom or
on whose account such labor and work is done, an itemized statement,
duly signed by him, showing the date and number of days such work
was done and the amount allewed therefor. Upon presentation of such
statement by the person by whom or on whose account such labor was
done, to the supervisor of the district wherein the same was performed,
it shall be the duty of said supervisor, if, upon examination, he is satis-
fied of the correctness of said statement, furnish such person a certificate
to the following effect: t—— has worked days on the public
roads of ——— magisterial district, for which he is entitled to a credit
of dollars on the road taxes assessed against him in said district for
the year eighteen hundred and ninety —. Given under my hand
this day of ———, eighteen hundred and ninety —.

Supervisor of ——— magisterial district.

Said certificate shall be duly signed by said supervisor and such parts
thereof as are not printed shall be filled out or written by said supervisor
with ink. Said certificate shall be received by the treasurer of said
county, or his deputies, on the road taxes of the person whose name ap-
pears on the.face thereof that have been assessed against him for the
year and in the magisterial district which appear in the body of said cer-
tificate, but none other. Said supervisors shall preserve all itemized
statements furnished them hereunder by any person to whom a certifi-
cate is issued, and file the same before the board of supervisors at their
annual meeting. All certificates issued in pursuance of this section and
received by said treasurer upon the taxes aforesaid, shall be a good and
sufficient voucher for him in his settlement with the board of supervi-
sors. Said board of supervisors shall have printed a sutlicient nuinber
of the certificates provided for by this section.

21. No member of the board of supervisors or inspector of roads shall
be directly or indirectly interested in any contract made under this act,
and any participation therein by either shall render the contract null
and void; and for a violation of this section the provisions. of section
one thousand eight hundred and twenty-two of the code of Virginia, as
amended by the acts of the general assembly, eighteen hundred and
ninety-three and eighteen hundred and ninety-four, page five hundred
and nixty-four, shall apply.

22. All the present road officials of Scott county shall proceed to
settle their accounts as required by law, and account to the board of
supervisors or inspector of roads for the various districts for all road
tools or other county property in their custody, and deliver the same to
said board of inspectors, taking their receipts therefor. If such settle-
ments and accounting for tools or other property be not made and done
bv said road ollivials within reasonable time after this act goes Into
effect, it shall be the duty of the attorney for the commonwealth to pro-
cecd against them severally by rule issued from the county court of said
county.

23. Persons appointed by the county court as inspectors of roads and
bridges, and overseers of sections appointed by said inspectors and
members of the board of supervisors hereunder, shall be compelled to
act, unless released by the county court for cause shown. Any member
of the board of supervisors, or any other person appointed under the
provisions of this act, failing to discharge any duty imposed by the
sald act, or failing or refusing to act when appointed, without being re-
leased by s said county court, shall be proceeded against in said court by
a rule or summons in the nature of an information. Such rule or sum-
mons shall be issued by said county court on the motion of any citizen
of said county, made through the attorney for the commonwealth, citing
the person named therein to appear before said court,on the first day of
the next term thereafter to answer the charge recited therein. Such rule
or summons shall be served at least five days before the return day
thereof, and the same shall be tried by the said court, unless a jury shall
be demanded by the defendant, and if found guilty he shall, where not
otherwise provided, be fined not exceeding ten dollars. The costs in
any such proceeding shall be taxed as they are in misdemeanors.

24. The general ruad law of the state, except so far as the same is in
contlict with this act, shall be enforced in the counties of Scott and Lee.

25. Previous special road laws in force in said counties and all acts or
parts of acts inconsistent herewith are hereby repealed.

26, This act shall be in force on and after the first day of April,
eighteen hundred and ninety-eight.