Chap. 491.—An ACT to repeal an act entitled an act to provide
for working of roads in the countiesof Chesterfield, Powhatan
and Goochiand, approved March 3, 1884, as amended and re-en-
acted by an act approved November 24, 1884, and as amended by
an act approved ebuary 20, 1886, so far as the same relates to
the counties of Chesterfield and Powhatan, and to provide for
working of roads and building and repairing bridges in the
counties of Chesterfield and Powhatan.

Approved March 3, 1890.

1. Be it enacted by the general assembly of Virginia,
That the boards of supervisors ‘of the counties of Chester-
field and Powhatan shall take charge of and have worked
and kept in repair all public roads, and have built and
kept in repair all bridges in said counties, heretofore and
hereafter established, and for this,purpose are authorized
and empowered, at the July meeting in each year, or as
soon thereafter as practicable, to levy a road tax upon all
proper subjects of taxation, not exceeding in any one year
twenty cents upon the one hundred dollars assessed value
of taxable property in said counties, and to adopt such
rules and regulations as may be necessary to cause the
proper working of said roads.
2. The said boards of supervisors shall as soon as prac-
ticable after the passage of this act, and at the July meet-
ing in each year, or as soon thereafter as practicable, if
deemed necessary by the said boards, lay off the roads
in each magisterial district of said counties into such road
districts or sections as may be deemed proper.

3. The said boards of supervisors shall, at the July
meeting every two years, or as soon thereafter as practica-
ble, appoint an overseer for each road district or section,
whose term of office shall be two years from the date of
his appointment, and thereafter until his successor 1s ap-
pointed. The duties and compensation of each overseer
shall be fixed and determined by the board of supervis-
ors: provided, that the compensation of any overseer shall
not exceed the rate of one dollar and fifty cents per day
for summoning hands, and that he shall receive no com-
pensation for overseeing and working the hands upon his
road two days in each year, but for each day so engaged
in excess of two he shall] receive compensation at the rate
of one dollar and fifty cents per day: and provided, further,
that his whole compensation shal] not exceed in any one
year the sum of six dollars (unless expressly provided for
by the said board of supervisors). Each road overseer
shall be furnished by the board of supervisors with a list
of the persons liable to service in his road district or sec-
tion, and he shall keep in a book furnished by the said
board a record of the number of days’ work done on his
road district or section, the number of hands employed
each day; the names of those who were summoned but
failed to attend and work, and the names of those from
whom fines were collected, and an account of the fines
received by him and the disposition thereof, which book
and record shall be submitted to the said board of super-
visors at the June and November meetings of each year.

4. All male persons in the counties of Chesterfield and
Powhatan shall be compelled, under the supervision and
direction of the overseer of the road district or section to
which they are assigned, or his deputy, or under the direc-
tion and supervision of such other person as the board of
supervisors may designate, to work upon the roads in such
district or section two days in every year, with the follow-
ing exceptions, namely: Ministers of the gospel regularly
and actually in charge of a congregation, persons under
sixteen and over sixty years of age, persons who reside in
a town that provides for its own poor and keeps its streets
in order, and any person who has lost a leg or an arm.
Any person who is otherwise disabled may be exempted
by the county court or the board of supervisors. Every
person liable to work on the roads under this section shall,
in person, or by a sufficient substitute acceptable to
the overseer of his district or section, or the person in
charge of the same, when notified by such overseer or per-
son at least twenty-four hours before the time he is re-
quired to appear, attend with proper tools and work on
said road, at such places and on such days as the said
overseer, his deputy, or agent, or other authorized person,
may direct. For every day on which there may be a failure
to work, a fine of seventy-five cents shall be paid to such
overseer, his deputy, ar agent, or other authorized person,
within thirty days thereafter, by the person in default, if
of full age, or if he be an infant, by his parent or guar-
dian. If the fine be not paid as above specified, the road
overseer, his deputy, or agent, or other authorized person,
shall make out a ticket against the delinquent person for the
amount thereof, with an addition of twenty-five cents for the
officer’s fee for collection, and place the same in the hands
of the constable of his district, or sheriff of his county,
for collection: provided, however, that such delinquent
person may, after at least five days’ notice in writing to
such overseer, deputy, agent, or other authorized person,
apply to the board of supervisors of said county to have
such fine remitted, and said board of supervisors may, for
good cause shown, remit such fine; or such delinquent
may, before the ticket goes into the hands of the consta-
ble or sheriff, with the consent of the said overseer,
deputy, agent, or other authorized person, discharge said
fine by labor upon the roads of his district or section.
The officer having charge of the collection of such fine
may distrain therefor, or otherwise collect the same in the
mode prescribed by law for the collection of taxes and
county levies. If such officer fail to find any property
belonging to such delinquent person sufficient to satisfy
such fine and costs, he shal] make report thereof within
thirty days thereafter to the board of supervisors of said
county, and the said board may at any time, if it shall
deem it proper to do so, by an order entered upon the
record of said board, direct the clerk thereof to issue a
capias pro fine against such delinquent person, returnable
at such time as by said board may be deemed proper,
directed to the sheriff or any constable of the said county:
provided, however, that no person shall under such capias
pro fine be kept in jail for a longer period than ten days.
The officers having charge of the collection of such fines
shall render to the board of supervisors of said county,
at its February meeting in each year, and at such other
times as the said board may require, a statement of fines
received by him for collection, from whom received for
collection, the amount of, and from whom collected, to
whom paid by him, and the names of persons from whom
he failed to collect the fines. All fines collected by the
officer shall be paid by him to the road officer who placed
the same in his hands, or his successor.
5. The said boards of supervisors of the counties of
Chesterfield and Powhatan may at any time let to contract,
to the lowest suitable bidder, the work of keeping in repair
such roads and bridges in said counties as in the judg-
ment of said board should be worked and repaired by con-
tract, notice of which lettings shall be posted for ten days
at five or more public places in the vicinity, and otherwise
published as said board may direct; such contracts to be
for one year, ending on the first day of July of each year.
Bids for such contracts may be in writing, signed by the
bidder, or may be made by public outcry, as the said board
may deem proper. The said board may reject any bid:
provided, that in case of any unusual damage or injury to
any road, bridge, or culvert, requiring immediate repair
or rebuilding, the supervisor of the district wherein the
same may be may cause the same to be done by con-
tract or otherwise, subject to the approval of the said board
of supervisors. Every contractor under this section shall
be required to give bond with good security, approved by
said board, in a penalty at least double the amount of his
bid, payable to the board of supervisors of said county,
conditioned for the faithful performance of his contract;
which bond shall be filed with the clerk of said board.
A recovery may be had for any breach of such contract in
the name of the board of supervisors of said county, in the
county court of said county, upon motion, after ten days’
notice to the contractor and his sureties. Every contractor
under this section shall have the use and benefit of the
labor of all persons liable to road duty in the road district
or sections for which he may have contracted, and, as such,
he shall have the same authority to call out, superintend,
and direct the persons liable to such duty in ‘working such
roads. He shall keep an account of the number of days
worked upon his roads, the names and number of persons
who failed to work when required, the amount of fines
received by him, and shall make report thereof to the said
board of supervisors at the June meeting in each year,
and at such other times as the said board may require.
He shall place the tickets for fines in the hands of the
officers for collection in the same manner in which over-
seers of the roads are required to act.

6. It shall be the duty of the supervisors of each mag-
isterial district of said counties of Chesterfield and Pow-
hatan to give personal supervision to all the roads and
bridges in their respective districts, and to see that the
roads and bridges worked and repaired by contract or
otherwise are properly worked and repaired, and where
there is a violation of any contract he shall report the
same to the said board of supervisors, which board shall,
after hearing the contractor in his own behalf and such
evidence as may be offered, assess the amount of damages
for such violation of contract, and shall thereupon direc
the commonwealth’s attorney to proceed to recover th
Same as provided by section five of this act. The saic
supervisors shall each receive for their services under thi
act compensation at the rate of two dollars per day fo
every day actually employed, but in no case shall thei
compensation exceed the sum of thirty dollars each ir
any one year.

7. The board of supervisors shall provide for the pay.
ment of all costs which may be incurred in keeping the
public roads in order, and for altering and opening new
roads, including land damages, and for repairing anc
building bridges, to be levied, collected, and paid out ac.
cording to law.

8. All levies made under this act shall be expended by
the commissioners of the revenue separate from othe:
levies, and are only to be expended in the districts ix
which they are assessed, unless the said board shall deter.
mine otherwise. The treasurer of the county shall keep
the road fund of each district separate, and shall pay out
the same as ordered by the board of supervisors.

9. The board of supervisors may at any time adopt the
general road law of the state of Virginia in lieu of this act.

10. The act of the general assembly of Virginia, ap-
proved March third, eighteen hundred and eighty-four,.as
amended and re-enacted by an act approved November,
eighteen hundred and eighty-four, as amended by an act
approved February twentieth, eighteen hundred and
eighty-six, so far as the same relates to the counties of
Chesterfield and Powhatan, and all acts and parts of acts
inconsistent with this act, are hereby repealed.

11. Such provisions of the general road law of the state
of Virginia as do not conflict with this act shall be in
force in the counties of Chesterfield and Powhatan.

12. This act shall be in force from the first day of May,
eighteen hundred and ninety.