Chap. 276.—An ACT for working and keeping in repair the roads and
bridges in Spotsylvania.

Approved February 29, 1888.

1. Be it enacted by the general assembly of Virginia, That
on and after the first day of May, eighteen hundred and
eighty-eight, it shall be lawful for the county of Spotsylvania
to work and keep in repairs highways, roads, and bridges as
follows:

2. The board of supervisors of said county shall take
charge of and have worked and kept in repairs all public
roads and bridges heretofore or hereafter established, and for
this purpose are authorized and empowered to levy a road-
tax not to exceed in any one year fifteen cents upon the one
hundred dollars of assessed taxable value in said county, out-
side incorporate towns which levy a vax to keep their streets
in repair, and to adopt such regulations as may be necessary
to secure the proper workings of roads in said county: pro-
vided, that the fund collected from each magisterial district
shall be kept separate by the county treasurer, and a differ-
ent rate of tax may be prescribed for different districts and
the amount collected in each district shall be expended in
that district.

3. The said board of supervisors may adopt such rules and
regulations, not in contravention of the laws and constitution
of this state, as may be necessary or proper to secure the
needful and efficient working of the roads in said county.

4.:The said board of supervisors shall, as soon as practica-
ble after the passage of this act, and annually thereafter at
such times as it may elect, appoint a commissioner of roads
for each magisterial! district in said county, who shall qualify
at the next term of the county court of said county, by takin
the usual oath of office. The term of said commissioner shal
be one year, commencing on the first day of May.

5. The said commissioners of roads shall have supervision
of all roads and bridges within their respective districts, and
immediately upon their qualification, each commissioner shall
divide into sections and assign hands thereto -all the roads in
his district, no section to embrace more than ten nor less
than five miles, and shall annually, under such rules and regu-
lations as may be prescribed by the board of supervisors, let
to contract to the lowest suitable bidder the work of keep-
ing in repair the roads and bridges in their respective dis-
tricts. The bids shall be in writing, signed by the contractor,

and shall be delivered under seal to the board of supervisors
for examination and approval, or rejection.

6. Each contractor shall be required to give bond and good
security, in a penalty 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, for the benefit of the road fund, in the county
court, by motion, after ten days’ notice to the contractor and
his sureties. The attorney for the commonwealth shall
institute and prosecute such motion. The said contracts and
bonds shall be filed with the clerk of the board of super-
visors.

7. It shall be the duty of the commissioner of roads, |
besides the other duties hereinbefore described, to visit and |
inspect all the roads in his district not less than four times
in a year, and oftener if required by the board of supervisors,
and to see that the roads and bridges are in good repair and
free from obstructions, and that the contractors in his dis-
trict are fulfilling the terms of their contract; and any failure
of the contractors to do their duty shall be reported by him
to the attorney for the commonwealth, who shall institute
proceedings as provided for in the next preceding section.

he compensation of said commissioner of roads shall be |
fixed by the board of supervisors, not to exceed, however,
two dollars per day for each day actually engaged, to be
paid out of the county treasury on approval and warrant of
the board of supervisors, and a sworn statement of the time
actually employed and how employed by him in attending to
the duties of his office, shall be made at the regular meeting
of said board.

8. The board of supervisors shall at any time have power, .
for good cause, to revoke the appointment of any commis-
sioner of roads, and to appoint his successor to fill his unex-
pired term.

9. No member of the board of supervisors, or commis- :
sioner of roads, shall be directly or indirectly interested in.
any contract made under this act, and any participation
therein shall render the contract null and void, and any vio-
lation of this provision shall be a misdemeanor, and punish-
able as such.

10. No appropriation by the county court for roads and
bridges, in excess of thirty dollars, shall be binding on the
county, or paid, unless and until the same shall have been
submitted to and approved by the board of supervisors.

11. Each contractor shall be entitled to the services for not:
more than two days in any one year, of all persons liable to’
service in working the public roads under existing laws, and
any person for failure to attend with proper tools and work
the roads on such days as the contractor may direct, shall
pay to the contractor seventy-five cents for every day on
which there may be such failure. If the money be not paid
to the contractor within thirty days, he shall make out a
ticket against such delinquent, if he be a person of full age,
or, if he be an infant, against his parent or guardian, for the
amount of such fine, and place the same in the hands of the
constable of his district, who is hereby required to receive
the same for collection. Any constable, into whose hands
such accounts may be placed for collection, may collect the
same in the manner now provided by law for the collection
of state taxes. Any property liable for taxes shall be liable
for said road fines and commissions. Such officer shall have
a fee of twenty-five cents in all cases where the money shall
have been collected by him, to be paid by the party in default
in addition to the fine. The officer collecting said accounts,
so placed in his hands for collection, shall be liable therefor
under his official bond, and may be proceeded against for
failing to collect and pay over the same as now provided by
law as in the case of a constable’s failure.

12. Of the time and place of letting the roads to contract
under this act, the commissioners shall give ten day’s notice
by printed hand-bills posted in at least three public places in
each magisterial district; the specifications of work to be
done upon each section, and the condition in which the same
is to be kept, shall be such as in the judgment of the commis-
sioner will best insure the proper working of the roads, and
shall be written out and made known at the time of the let-
ting. Among such specifications, it shall be provided, that
where practicable, the bed of the road shall be raised in the
middle and slope gradually each way to the sides, where
ditches sufficient to car1y off the water shall be made and
kept open, and that the road-bed shall be of such width as
the commissioner may, in his judgment, determine will best
subserve the public interest.

13. If any section remain unlet by reason of there being
no bid, or the amount offered be deemed excessive, or for any
other reason, the commissioner may let the same privately,
and report to the board of supervisors, and in case there be
no letting, the commissioner shall take charge of the said
road or section, and put and keep it in repair, and may sum-
mon and employ hands, teams, and so forth, paying for the
same the customary price. He shall keep an accurate ac-
count of such work and expenses, and make oath to same,
and report it to the board, and if it is correct, the board shall
allow the same. ,

14. All applications to the court for the change of a road,
or for the opening of a new road, or the erection of a new
bridge, shall have the endorsement of the road commissioner
of the district in which the road or bridge is situated, and
without such endorsement no such application shall be enter-
tained by the court.

15. When the court shall order the opening of a new road
or the erection of a new bridge, or any change in an old
road, the work of opening or building the same shall be let
to contract by the commissioner of the district in which said
bridge or road is located, the contractor giving bond and
security, to be approved and accepted by the board of super-

Google
visors, or the said board may in its discretion authorize and

empower said road commissioner to employ and use for said

purpose, convicts from the state penitentiary under the gen-

eral laws of the state regulating the same, said work to be

under the general supervision of said commissioner, under

ae rules and regulations as the board may prescribe and
irect.

16. Said road commissioners shall render quarterly reports |
to the board of supervisors, stating the condition of the differ-
ent roads in their respective districts, and whether or not
any contractor has failed to comply with the terms of his
contract, and if so, in what particular; and for any failure to
so report, or to faithfully perform his duties under the pro-
visions of this act, said commissioner shall be deemed guilty
of a misdemeanor and so punished.

17. The contractor of a road may be paid by the board of
supervisors semi-annually: provided, that such contractor
shall furnish the certificate of the road commissioner of his
district showing that he has faithfully performed his contract,
and in case any contractor fails to comply with the terms of
his contract, said board shall have the right to withhold the
whole amount, or so much as they may deem just, stipulated
to be paid him under his contract.

18. In the necessary meetings of the board of supervisors,
other than their regular meetings for the purpose of carrying |
out the provisions of this act, each supervisor shall receive
compensation at the rate of two dollars per day for the time
during which he is actually so employed, not to exceed how-
ever, the sum of twenty dollars in any one year; each super-
visor to be paid out of the fund derived from his own district;
and the clerk of the board shall receive such compensation
for duties to be performed under this act as the board may
allow.

19. This act shall be submitted to the board of supervisors
of Spotsylvania county, and may be adopted by a majority of
said board voting therefor, a record of such vote to be made
and preserved on the minutes of the board, and if adopted
shall be put into operation in the manner and at the time
herein provided for, or at such other time as the board may
elect: provided, that nothing herein shall be construed as to
relieve any road overseer from any duty or liability as such
until his road precinct shall have been let to contract accord-
ing to law: and provided further, that any action of the
board of supervisors, adopting the provisions of this act, may
be rescinded by a majority vote thereof and entered as afore-
said, the same to take effect at the end of any contract year.

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