Chap. 116.—An ACT to regulate the working of the public roads in the
counties of Prince William, Montgomery, Chesterfield, and Lan-
caster.

Approved February 25, 1878.

1. Be it enacted by the general assembly, That from and
after July first, eighteen hundred and seventy-eight, the
boards of supervisors of Prince William, Montgomery, Ches-
terfield, and Lancaster counties, may take charge of, and
have worked and kept in repair, all public roads heretofore
or hereafter established within the limits of said counties;
and for this purpose, the said bourd is hereby authorized and
empowered to levy a road tax, not exceeding ten cents, in
any one year, upon the one hundred dollars of assessed taxa-
ble values in said counties, and to adopt such regulations,
not in contravention with the laws and constitution of this
state, as may be necessary to secure the proper and efficient
working of the roads of said counties.

2. The said boards shall, as soon after the first day of July,
eighteen hundred and seventy-eight, as may be practicable,
appoint one commissioner of roads for each magisterial dis-
trict of said counties, who shall qualify and enter upon the
discharge of his duties as soon as practicable; he shall
qualify by giving bond, with good security, in the penalty of
one hundred dollars, and by taking the usual oath of office,
and shall hold office until his successor is elected and quali-
fied. His term of office shall be two years after the first
appointment, and shall commence on the first day of July
succeeding hig election.

3. The commissioner of roads, together with the supervisor
of each magisterial district, shall, in the month of August,
eighteen hundred and seventy-eight, and as often thereafter
as may be necessary, after giving at least ten days’ notice of
the time and place fixed by them for making such contracts,
by publication in some newspaper published in the counties,
or by posting in three public places in the district, let to con-
tract to the lowest bidders, the work of keeping in order and
good repair the public roads in each road district or precinct,
as now laid out in each of the said magisterial districts of
said counties, for a term of not less than one or more than
two years. Such contracts shall be in writing, signed by the
contractor and the parties representing the county in mak-
ing the same, and shall be subject to revision by the board of
supervisors, and shall be returned to them for their ratifi-
‘ation or rejection, at their first meeting after the same has
been made. Each contractor shall give bond, with good secu-
rity, in a penalty to be fixed by the board of supervisors, in
no case to be less than double the amount of his contract, for
the faithful performance of the same; and a recovery may be
had for any breach of the condition of such bond, in the name
of the county, for the benefit of the road fund of said county,
in the county court, after ten days’ notice to the contractor
and his sureties. The bonds and contracts shall be filed with
the clerk of the board of supervisors in his office.

4. The labor of all the able-bodied citizens of each road
district in said counties, not exempt under the general road
law of this state, shall be farmed out by the supervisor and
road Commissioner, for two days in-each year, to help keep
in repair the roads in such road district, which labor shall be
taken into consideration in making the contracts aforesaid ;
and such contractor shall have all the rights and remedies for
requiring all persons not exempt under the present general
road law of the state, to labor on the roads in the road dis-
trict in which they reside, two days in ecach year, and for en-
forcing and collecting the fines for failing to work on the
roads when summoned to do so, Which is conferred on sur-
veyors of roads under the said general road law of this
State, and shall not be liable for costs in any proceeding be-
fore a justice for the recovery of the same, unless such fine
is decided by the Justice not to be due. And in Montgomery
county, a Capias pro fine may be issued by a justice when a
writ of fierl facias for the tine and costs has been returned—
no property.

d. It shall be the duty of the supervisor and commissioner
of roads, in each magisterial district of said counties, under
such regulations as the board of supervisors may prescribe,
to see that contrators, under this act, faithfully and diligently
comply with their contracts; and it shall be the further duty
of the commissioner of roads, in each district, to pass over
the roads in each road district, in the month of October, of
each year, to see whether the said contracts have been com-
plied with, and to make a report to the board of supervisors,
stating the condition of the roads in each of the road districts
in his magisterial district, at their annual meeting in No-
vember.

6. The supervisor and commissioner of roads of each
magisterial district, shall receive compensation for their ser-
vices, in carrying out the provisions of this act, for the time
actually engaged, at the rate of two dollars per diem: pro-
vided that the additional compensation, under this act, to the
supervisor, shall not exceed twenty dollars in any one year,
and that the compensation to the commissioner of roads shall
not exceed forty dollars in each year.
7. All levies made under this act shall be collected by the
county treasurer, in the same manner, and for the same com-
pensation, that other county levies are collécted, and shall be
payable to contractors, or others entitled, upon the warrant
of the board of supervisors. No supervisor or road commis-
sioner, shall be, in any way, interested in any contract for
working the public roads, and any violation of this provision
shall be a misdemeanor, and punishable as such.

8. The said counties shall not be subject to the gencral
road law of this state, in reference to working and keeping
in repair the public roads, except in so far as the same may
be applicable to, and not in conflict with this act; but noth-
ing in this act shall be construed to change the present gene-
ral road law of this state, so far as it relates to the establishing
of new roads, or the changing of old ones. The opening of
all new, or changed roads, shall be done by contract, made
with the supervisor and commissioner of roads, in the same
manner and under the same regulations that contracts for
working the roads are made.

9. This act shall be in force from and after July first,
eighteen hundred and seventy-cight.