CHAP. 13.—An ACT to amend and re-enact an act to regulate the
working of the public roads in the econnties of Prince Wiliam,
Montgomery, Chesterfield, and Lancaster, approved February 25,
tee. Approved January 10, 1879.

1. Be it enacted by the general assembly, That an act enti- a
tled “an act to regulate the working of the public roads in the #
counties of Prince William, Montgomery, Chesterfield and
Lancaster,’ approved February twenty-sixth, eighteen hundred
and seventy-eight, be amended and re-enacted so as to read as
follows :

§ 1. From and after July first, eighteen hundred and seventy- x
eligi t, the boards of supervisors of Prince Wilham, Montgomery, ¢
Chesterfield and Lancaster counties shall take charge of and p
have worked and kept in repair all public roads heretofore or
hereafter established within the limits of said counties, except
such unimportant roads as said boards, in their respective coun-
ties, may ascertain and determine can be sufficiently maintained
under the provisions of the general road law. For the purposés p
of this act the board of each county is hereby, authorized and *
empowered to levy a road tax, not exceeding ten cents in any 7
one year upon the one hundred dollars of assessed taxable
values in its said county, and to adopt such regulations, not in o
contravention of the laws and constitution of this state, as may
be necessary or proper to secure the proper and efficient work-
ing of the roads in said county.

2. The supervisor of each magisterial district shall, in the V
month of August, eighteen hundred and seventy-eight, and ¢,
where it has not been done, in ninety days after the passing of
this act, and as often thereafter as may be necessary, after giv-
ing at least ten days’ notice of the time and place fixed by him
for making such contracts by publication in some newspaper 0
published in the county, or by posting in three public places in °
the district, let to contract, 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 the magisterial district of
said counties, or as the board of supervisors for each county
may hereafter rearrange and lay out the road districts or pre-
cincts in its county, which it shall be lawful for such boards to
do. Such contracts shall be in writing, signed by the contractor
and the supervisor, and shall be for a period of not less than ¢
one nor more than two years. and shall be subject to revision
by the board of supervisors, and shall be returned to said
board for its ratification or rejection at the first meeting after
the same has been made. Each contractor shall give bond,
with good security. in a penalty to be fixed by the board of su-
pervisors-——in no case to be less than double the amount of his
contract, conditioned 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 lis sureties. The bonds and contracts
shall be filed with the clerk of the bonrd of supervisors in his
ome.

. The fiilure of any contractor for fifteen days te keep any
“ont embraced by his contract in proper order shall be a mus-
demeanor, punishable with such fines and penalties as may be
imposed by the general laws ot this state upon overseers of the
roads who tail to perform their duties.

4, All able-bodied citizens of cach road district, not exempt
under the general road law of this state, shall be and are re-
quired to do two days’ work in each year to neal keep in repair
the roads in sueh road district, which lador shall be taken into
consideration in making the contracts aforesaid—and each con-
tractor shall have all the rights and remedies for requiring all
persons not exempt under the present eeneral road law of this
state, to labor on the roads in the road districts in. which they
reside two days ineach year; and for enforcing and collecting
the fines for failing to work on the roads when summoned to do
so—which is conferred on the surveyors of roads by said gen-
eral road Jaw—and shall not be liable for costs in any proceed.
ing before a justice for the recovery of the same unless such
fine is decided by the justice not to be due. And in Mont-
gomery ecunty a capias pro fine may be issued by a justice of
the peace when a writ of fierl facias for the fine and costs has
been returned "no property.”

3, All contracts hereafter nade shall be construed to include
all bridges not exceeding ten feet span. When either of said
boards of snpervisors shall ascertain and determine that any
unlinportant road can be safficiently maintained under the pro-
visions of the ceneral road law, it shall certify that fact to the
county court of its county, together with a list of the hands not
required to work under any contractor, who can be assigned to
said roads. And it shall therenpon be the duty of the county
court to appoint surveyors for such roads and to assign the hands
thereto. And the provisions of the general road law shall ap-
ply to such roads, surveyors and hands, so long as such roads
are not placed under contract, as though this act had not been
passed. But the determination of the board of supervisors as
to the importance of the road may be reviewed by the county
court on motion of any citizen of the county.

6. Whenever the board of supervisors of either of said coun-
ties shall rearrange and lay off the road districts or precincts in
its county, as authorized by the second section of this act to
do, it shall certify a statement of the metes and bounds of such
districts or precincts to the clerk of the county court, who shall
record the same in the road-book of the county.

7. It shall be the duty of the supervisor in each magisterial
district of said counties, under such regulations as the board of
supervisors may prescribe, to see that contractors under this act
faithfully and diligently comply with their contracts; and he
shall pass over the roads in his district in the months of Feb-
ruary, June and October of each year, to see whether the said
contracts have been complied with, and shall report to the
county court of his county any failure on the part of any con-
tractor to comply with the terms of his contract, and skall report
in writing to the board of supervisors, at their annual meeting
each year, the condition of all the roads in his district. And it
shall be the duty of the county court, upon receiving such re-
pert of failure on the part of any contractor, to direct proper
proceedings to enforce the penalty cf such contractor’s bond,
and where the failure amounts to a misdemeanor, to direct a
prosecution therefor. Bu; nothing herein contained shall be
construed as preventing proceedings upon the bond or prosecu-
tion for the misdemeanor, where the supervisor has not made a
report of any delinquency for misdemeanor.

8. The supervisor of each magisterial district shall receive
compensation for his services under this act for the time ac-
tually engaged, at the rate of two dollars per day: provided
that such compensation shall not exceed thirty dollars in each
rear.

9. All levies made under this act shall be collected by the
county treasurer in the same manner and for the same compen-
sation that other county levies are collected, and shall be pay-
able to the contractors or others entitled upon the warrant of
the board of supervisors. No supervisor shall be in any way
interested in any contract for working, opening or changing the
publie roads in his county, and any violation of this provision
shall be a misdemeanor and punishable as such.

10. The said counties shall not be subject to the general road
law of this state in reference to the working and keeping in re-
pair the public roads, except in so far as the same may be ap-
plicable to and not in conflict with this act. But nothing in
this act shall be construed to change the present general road
law of this state so far as it relates to the establishing of new
roads and bridges exceeding ten feet span, or the changing of
old roads. The opening of all new or changed roads, and the
erection and repair of all bridges exceeding ten feet span, shall
be done by contract made with the supervisor in the same man-
ner and under the same regulations that contracts for working
the roads are made, except that the same shall, after having
been approved by the board of supervisors—which may be done
ata special as well as at an annual meeting of the board—be
certified to the county court for its approval, and shall not be
binding on the county until approved by the court.
11. Nothing in this act shall be construed as altering or im-
pairing the obligation of any contract heretofore made.

12. The office of commissioner of roads in said counties is
hereby abolished.

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

——— — =—— «Se Se ~