Chap. 552.—An ACT to provide for the working and keeping in repair the public
roads and bridges inthe county of Stafford.

Approved February 28, 1898.

1. Be it enacted by the general assembly of Virginia, That the board
»f supervisors of the county of Stafford shall annually levy a tax upon
che property, real and personal, assessed for taxation in the several
magisterial districts of the county, which shall be applied to the working
and keeping in order, and repairing the public roads and _ bridges in the
respective districts; and to the compensation of the commissioners and
contractors provided by law and the provisions of this act. Such tax
shall not exceed twenty cents on every one hundred dollars of such
property; and the same shall be collected, accounted for, and paid out
on the warrant of said board as if it were the county levy by the county
treasurer; but the tax so levied and collected in such districts shall be
kept separate by the treasurer, and used and applied exclusively in the
district where levied.

2. The judge of the county court of Stafford, clerk of the court, anc
commonwealth’s attorney of said county, shall at the April term o!
said court appoint one commissioner for each magisterial district, whe
shall be a qualified voter and landowner residing therein, who shall be
styled commissioners of roads and bridges within their respective dis
tricte.

3. The commissioners shall each make reports to said board, as ofter
as said board may direct, of all matters required of supervisors of road:
and bridges, under section nine hundred and seventy-five of chapte
forty-three of the code.

4. Said commissioners shall annually let to contract for the term o
one year any or all of the roads in their respective magisterial districts
in three or more precincts or sections, as the commissioner in each o
said districts may deem advisable, to the lowest bidder, having first ad
vertised the work to be done on said precincts or sections of roads o
bridges therein, in addition to what is specified and required by sectior
nine hundred and eighty-two of the code of eighteen hundred an
eighty-seven, such advertisement to be posted at three or more publi
places in the neighborhood of the work to be done, for at least twent)
davs. Said comprissioner, shall have the right toreject.the lowest bic
received, if he deem it too high or for any other reason, and thereafter
can receive proposals to do the work without requiring sealed proposals
or use their own discretion in the execution or methods of working the
roads.

5. The said commissioners shall report to the board of supervisors, at
meeting to be held by them after any letting under this act, the pre-
cincts or sections let, and at what prices, together with a contract in
writing signed by himself and the contractor; and if no reason appear
to the contrary eaid board shall confirm said letting, and said contractor
shall thereupon enter into a bond, payable to the said board of super-
visors, in a penalty double the amount of his contract, conditioned for
the faithful performance of the same, with or without security, as the
board shall deem proper. Such bond shall be delivered by the clerk of
the board of supervisors to the clerk of said county court, who shall
transcribe and keep the same among the records of his office.

6. If said commissioner fail to let any portion of the public road to
contract in the manner hereinbefore provided, the commissioner so fail-
ing to let shall keep the same in order by employing hands and teams
and other necessary means at the customary prices in the neighborhood.

7. It shall be the duty of the commissioners to keep themselves in-
formed of the condition of the roads and bridges in the magisterial
district over which they have charge, and whenever the commis-
sioner shall deem that a road or bridge in his district has not
been kept by the contractor in the condition required by his con-
tract he shall at once notify the contractor in writing of the fact,
and if he does not, within thirty days from his notice, perform his
contract, then the said commissioner shall have said road worked,
or bridge repaired, according to the terms of the contract, and the
cost of such work, including two dollars per day for attending to
the same, shall be recoverable on the bond of such contractors, after ten
days’ notice, by motion before the county court of said county, which
shall have jurisdiction to hear and determine the same, and give judg-
ment, including cost, according to the right of the case. Such motions
shall be in the name of the board of supervisors of Stafford county, and
the attorney for the commonwealth shall represent said board. The re-
covery In every case shal] go to the road fund of the district in which
the road or bridge may be located.

8. The contractors shall be paid for work done under their contracts,
ut such time as said board shall, by its order entered at its meeting in
March, or as soon thereafter as practicable, determine; which payments
shall be made by warrant of said board of supervisors on the treasurer;
put payment shall be withheld by said board, as to any contract, if at
she time fixed for such payment such contractor’s road is not in order,
intil commissioners supervising the same shall report it to be in condi-
ion required by his contract; but if upon the examinations the com-
nissioner shall find that the contractor has executed his contract or
verformed his duty according to law, or his contract, he shall give him
i certificate to that effect, with a statement showing the amount such
ontractor 1s entitled to receive under his contract for his services.

”. That every petition for a new road, or to lay out, open or change
1 public road, must, fi first t be presented to the commissioner of roads in
the district in which the road is, who shall endorse thereon his approval
or disapproval of the same, and his reasons therefor; which petition
and commissioner’s report shall be laid before the board of supervi-
sors of the county, which board shall have original jurisdiction to estab-
lish, alter, discontinue and build all public roads and bridges in their
respective districts; and for this purpose said board shall have all powers
now vested in the county court, and the same proceedings shall be had
therein as required in said court, and all laws applicable to said court
shall apply to said board: provided, that any one feeling himself ag-
grieved by any order of said board establishing, discontinuing or altering
any road or bridge, may appeal to the county court in the same manner
that appeals are now allowed from decisions from said board.

10. It shall be the duty of the commissioner or commissioners of each
district to give personal attention at any and all times when the road is
being worked in that particular district, and to see that the contractor is
doing the work according to the specifications of his contract.

11. The commissioners of roads of each magisterial district shall,
each year, at such times as the board of supervisors may designate, file
before said board, an itemized statement of the money expended in his
district for the next preceding year on roads and bridges, which state-
inent shall be sworn to and shall show when, to whom, and on what
roads the money was paid out.

12. Each of said commissioners shall qualify before the county court
of Stafford, or judge thereof in vacation, by giving bond, with approved
security, in the penalty of two hundred dollars, for the performance of
their duties, and by taking the oath of office; which shall be recorded
by the clerk of said court as the qualification and bonds of other officers
are recorded; and it shall be the duty of the attorney for the common-
wealth to proceed against said commissioners and contractors on their
bonds for any dereliction of official duty. The said commissioners shall
hold their office for four years from the first day of May, unless sooner
removed for malfeasance or neglect of duty. They shall receive for their
compensation under this act for every day’s actual work in the discharge
of their duty as such road commissioner the sum of one dollar and a
half each, to be paid out of the road funds of their respective districts.
The sum, however, received by said commissioners shall not, in any one
year, exceed the sum of fifty dollars each. Any vacancy in the oflice of
commissioner shall be filled as hereinbefore named for the unexpired
term. Said commissioners before entering upon the duties of their of-
fice shall severally take and subscribe the usual oath of office which
shall be filed with the papers of said courtin the clerk’s oflice thereof.

13. The clerk of the county court shall perform the duties of clerk for
said board, who shall receive for his services such sum as said board may
direct or deem right.

14. The said commissioners shall have the right to employ counsel to
assist them in carrying out the provisions of this act and to fix the
amount to be allowed him for his services.

15. Each commissioner appointed under the provision of this act shall
make out an account against the treasurer for the work done by said
contractors, and also for work done by each laborer employed by said
commissioner, stating the number of days such laborer was employed,
the price paid for each day or part of a day, which shall be certified to
the board of supervisors for their approval, which account shall be paid
by warrant of said board on the treasurer of the county whenever there
are any district board funds in his hands to the credit of the district from
which the account is rendered.

A acts and parts of acts in conflict with this act are hereby re-
pealed.

1/. This act shall be in force from its passage.