Chap. 791.—An ACT to provide for the working and keeping in repair the
public roads of Botetourt county.

Approved March 4, 1896.

1. Be it enacted by the general assembly of Virginia, That on and
after the first day of July, eighteen hundred and ninety-six, or as
soon thereafter as they may deem best, the board of supervisors of
the county of Botetourt shall take charge of and have worked and
kept in repair all public roads and bridges heretofore or hereafter
established within the limits of said county, and for this purpose the
said board of supervisors is authorized and empowered to levy a road
tax, not to exceed in any year twenty-five cents upon the one hun-
dred dollars of assessed taxable values in said county, and to adopt
such regulations as may be necessary to secure the proper working of
roads and keeping in repair the bridges in said county.

2. The said board of supervisors shall on the first day of July, eigh-
teen hundred and ninety-six, or as soon thereafter as they may deem
best, appoint one commissioner of roads for each magisterial dis-
trict, which commissioners shall reside in the respective district for
which they are appointed, and it shall be their duty to supervise the
roads within the respective magisterial districts assigned them b
said board of supervisors. The said commissioners shall hold their
office for one year from first of July, eighteen hundred and ninety.
six, unless sooner removed by said board for neglect of duty or mal-
feasance in office, and succeeding terms shall be filled by the board
of supervisors at their meeting next preceding the first of July of
each year. The said commissioners shall receive such compensation
for their services as said board shall allow, not to exceed two dollars
per day and not to exceed one hundred dollars for any one year, to
be paid to them at such times and in such amounts by warrants
drawn by said board on the treasurer as said board may, by its order
entered on its minutes, determine. Any vacancy in the office of
commissioner shall be filled for the unexpired term by said board.
Said commissioner, before entering upon the duties of their office,
shall severally take an oath faithfully to perform the duties of their
office as commissioner, which oath shall be filed with the papers of
said board. Each commissioner of roads and bridges shall, as soon
as practicable after his qualification, carefully examine all the
public roads of his district, and he shall lay off and divide said
roads into sections of from one to five miles, no single section to be
more than five miles in length.

3. Said commissioners of each magisterial district shall let to con-
tract by the year for the term of two or more years, but not to exceed
five years, in the discretion of the board of supervisors, in one or more
sections (the sections having been numbered), to the lowest suitable
bidder, having first advertised for sealed bids, stating clearly in
the advertisement the work to be done on said section of road or
bridge therein, in addition to what is specified and required by sec-
tion nine hundred and eighty-two of the code, notice of which letting
868 ACTS OF ASSEMBLY.

to contract shall be posted for not less than ten days at each post
office and other public places in the district. The bids shall be w
writing and signed by the contractor, and the same shal! be deliverec
under seal to the board of supervisors for their examination and ap
proval or rejection at their first meeting thereafter. Each contracto
shall be required to execute a bond to the county, with good security
in the penalty of at least double the amount of his bid, for the faith
ful 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 o
the road fund, in the county court, by motion, after ten days’ notic
to the contractor and his securities; and in case of a recovery or
said motion the same costs shall be taxed in said judgment as if th
motion was in favor of the commonwealth, and any such judgmen'
may be deducted by said board of supervisors from the amount due
said contractor on his contract. The attorney for the commonwealtk
shall institute and prosecute such motion. The said contracts and
bonds shall be filed with the clerk of the board of supervisors.

4. The board of supervisors may make such regulations as to time
and place in each district for commissioners to receive sealed bids.
which bids shall be delivered by said commissioners to the board
of supervisors; said board may accept or reject bids at their discre-
tion.

5. Should there be any section or sections of road upon which
there is no sealed bid, the road commissioner, after advertising as
hereinbefore directed, may receive propositions to contract for said
section or sections without requiring said proposals to be sealed;
said proposals to be subject to same requirements in contracting as
sealed bids.

6. If any section or sections of road remain unlet by reason of
there being no bid, or for any other reason, the commissioner of
roads and bridges shall appoint or employ an overseer for such road
or section of road; said overseer to be paid such compensation per
day as may be agreed upon by the board of supervisors. Said over-
seer shall employ such hands as may be necessary to keep such road
jn repair, paying such prices as are customary in the community.

7. An itemized account of all work done by overseers shal! be kept.
and said overseers shall make off and qualify to said accounts, and
submit same to commissioner of roads, and upon his approval said
accounts shall be presented to the board of supervisors, and if found
to be correct said board shall give their warrant upon the county
treasurer for the amount.

8. It shall be the duty of the commissioners of roads to give per-
sonal supervision to all the roads and bridges within their respec-
tive districts, to see that the contractor is faithfully performing his
contract, and for any failure in carrying it out the commissioner of
the district shall at once institute, through the prosecuting attorney,
proceedings for the recovery of damages for the breach of said con-
tract.

9. Overseers appointed or employed under this act shal! be subject
to the same requirements, under section nine hundred and eighty-
two of the code, as are contractors.
10. The contractors shall be paid for work done under their con-
-racts semi-annually, or oftener, as the board of supervisors, at their
2nnual meeting, may determine, which payment shall be made by
-he warrant of said board upon the county treasurer, but payment
shall be withheld by said board, if at the time fixed for such pay-
ment said contractor’s road is not in order, until the commissioner
supervising the same shall report it to be in the condition required
by his contract.

11. No person in Botetourt county shall hereafter be compelled to
work on the public roads without compensation.

12. The county treasurer shall keep the road funds separate from
>ther tax funds, and the entire fund shall be placed to the credit of
the road fund.

13. The county treasurer shall hereafter pay out no money col-
lected from road taxes and levies except on the warrant of the board
of supervisors.

14. No member of the board of supervisors or commissioner of
roads shall be directly or indirectly interested in any contract made
under this act, and any participation therein by either shall render
the contract null and void.

15. The board of supervisors shall have power at any time for good
cause to revoke the appointment of a commissioner of roads and
bridges, and to appoint his successor to fill his unexpired term. And
in case of removal there shall be no appeal from the decision of the
board of supervisors, but such decision shall be final. Said board
shall fix the compensation of commissioner of roads and bridges,
and have all other powers necessary to be employed in executing
this act; and for the additional services required by this act the
supervisors shall receive the usual per diem allowed for the regular
duties of their office, but in no case shall any supervisor receive more
than thirty dollars for services connected with roads and bridges
during any one year.

16. The county treasurer shall furnish the board of supervisors at
their meetings for road purposes a statement of all funds in his
hands to the credit of the road fund; and the said treasurer shall be
liable on his official bond for all moneys coming to his hands as
such for road purposes.

17. The duties of the present road board of Botetourt county shall
cease and determine when the provisions of this act are complied
with by the board of supervisors on the first day of July, eighteen
hundred and ninety-six, and said road officials shall at once settle
their road accounts with the county treasurer, which settlement shall
be evidence for the county treasurer in his subsequent settlements
with the board of supervisors. They shall in like manner settle
with the board of supervieors for any road tools and other county
property in their custody, and deliver the same to said board, taking
their receipt therefor.

18. The board of supervisors may sell and dispose of any tools
and implements which may be delivered to them by the present road
board, or they may have the same used upon the roads of the county,
as in their discretion may appear best for the county. Any act re-
quired to be done by said board of supervisors under and by virtue
of this act may be done at any meeting thereof, either general o:
special.

19. The general road law of the state, except so far as the same it
in conflict with this act, shall be enforced in Botetourt county.

20. All acts and parts of acts inconsistent with this act are hereby
repealed.

21. This act shall be in force from and after the first day of July
eighteen hundred and ninety-six.