Chap. 114.—An ACT te provide for working and keeping in repair the public
roads and bridges in the county of Guvehland.

Approved January 26, 1898,

1. Be it enacted by the general assembly of Virginia, That the board
of supervisors of the county of Goochland shall annually levy, along
with the county levy, a tax upon the property, real and personal, as-
sessed for taxation in the several magisterial districts of the county,
which shall be applied to the working and keeping in order and repairing
the public roads and bridges in such districts, and the compensation of
the commissioners and contractors provided by law and the provisions
of this act. Such tax shall not exceed fifteen cents on every one hun-
dred dollars of such property, and the same shall be collected, accounted
for, and paid out on the warrant of said board as if it were the
county levy, by the county treasurer; but the tax so levied and collected
in each district shall be kept separate by the treasurer, and be used and
applied exclusively in that respective district. except that of the Chesa-
peake and Ohio railway company, which shall be divided equally among
the three districts. The said board of supervisors shall levy no other
tax for road purposes than that authorized by this act.

The county court of Goochland, or the judge thereof, in vacation,
shall, at the February term of said court, or as soon thereafter as prac-
ticable, appoint one commissioner for cach mavisterial district, who shall
be a qualified voter residing therein, who shall be stvled commissioner of
roads, and it shall be their duty to supervise the roads within their re-
spective districts. The said commissioners shall hold their office for two
vears from the first day of March, unless sooner removed for malfeasance
or neglect of duty, and shall reccive for their compensation under this
act for every day’s actual work in the discharge of their duty as such
road commissioners the sum of two dollars each, to be paid out of the
road funds of their Tespec ‘tive districts. The sum, however, received by
said commissioners shall not, in any one year, exceed the sum of fifty
dollars each. Any vacancy in the office of commissioner shall be filled
by said county court, or the judge thereof in vacation, for the unexpired
term. Said commissioners before entering upon the duties of their
office shall severally take and subscribe the usnal oath of office, which
shall be filed with the papers of said court in the clerk’s office
thereof.

3. The commissioners shall each make annual reports to said board,
or oftener, as said board may direct. of all matters required of super-
visors of roads and bridges under section nine hundred and seventy-two
and of the surveyors thereof under section nine hundred and seventy-
five of chapter forty-three of the code.

4. Said commissioners shall annually let to contract for the term of
one year the roads in their respective magisterial districts, in three or
more precincts or sections as the commissioner in each of said districts
may deem advisable, to the lowest bidder, having first advertised for
sealed bids, stating clearly j in the advertisement the work to be done on
said precincts or sections of road or bridges therein, in addition to what
is specified and required by section nine hundred and eightv-two of the
code; such advertisement to be posted at three or more public places im
the neighborhood of the work to be done for at least twenty days. But
said commissioner shall have the right to reject the lowest bid received,
if he shall deem it too high, and thereafter receive proposals to do the
work without requiring sealed proposals.

5. The said commissioners shall report to the board of supervisors at
a meeting to be held by them after any letting under tis act, the pre-
cincts or sections let, and at what prices, together with a contract in
writing, specifying the precincts or sections let, the work to be done, and
signed by himself and the contractor; and if no reason appear to the
contrary, suid board shalk confirm said letting, andsaid, contractor shall
thereupon enter into a bond, payable to the said board of supervisors,
in a penalty double the amount of his contract, conditioned for the
faithful performance of the same, with or without security, as the board
shall deem proper. Such bond shall be delivered by the clerk of the
board of supervisors to the clerk of the said county court, who shall
transcribe and keep the same among the records of his office.

6. If said commissioner fail to let any portion of the public roads to
contract in the manner hereinbefore provided, the commissioner so fail-
ing to let shall keep the same in order by employing hands and teams,
and other necess: iry means, at prices fixed by said board of supervisors,
or, if said board should fail to fix a schedule of prices, then at the
customary prices in the neighborhood; and if the commissioners deem
it necessary for keeping any precinct or section in repair, he may employ
an overseer over the same, as provided by the general law of the state
for Tee ore of public roads.

It shall be the duty of the commissioners to keep themselves in-
opined of the condition of the roads and bridges in the magisterial dis-
trict over which he has charge, and whenever the commissioner shall
deem that a road or bridge in jis district has not been kept by the con-
tractor in the condition required by his contract, he shall at once notifv
the contractor, In writing, of the fact, and if he does not, within thirty
days from the notice, perform his contract, then said commissioner shall
have said road worked, or bridge repaired, according to the terms of the
contractor, and the cost of such work, inc luding two dollars per day for
attending to same, shall be recoverable on the bond of such contractor,
after ten “days ’ notice, by motion, before the county court of said county,
which shall have jurisdiction to hear and determine the s same, and give
judgment, including costs, according to the right of the case. ‘Such mo-
tions shall be in the name of the board of supervisors of Goochland
eounty, and the attorney for the commonwealth for said county shall
represent the said board. If the amount claimed should he twenty
dollars, or over, and any party require it, the motion may he tried before
A jury, ‘selected and stummoned in. the mode prescribed by law, but no
pleadings in writing shall be required, and the recovery, in every case,
shall go to the road fund of the district in which the road or bridge may
be located.

The contractors shall be paid for work done under their contracts,
seni-annually, at such times as said “board shall, by its order, entered at
its annual meeting in February, or as soon thereafter as practicable, de-
termine ; which payment shall ‘he made by the warrant of said board on
the treasurer : - but payment shall be withheld by said board, as to
any contractor, if, at the time fixed for such payment, such contractor's
road is not in orde ‘rr, until the commissioner supervising the same shall
report it to be in the condition required by his contract.

9. No member of the board of supervisors, and no commissioner, ap-
pointed under this act, shall be interested in any contract under this act.
Any participation therein by any such officer shall vacate the office of the
person so offending, and shall render the contract entered into with the
contractor null and void.

10. The general road law of this state, except so far as it 1s in conflict
with this act, shall be in force in the county of Goochland, and all special
road laws for the said county of Goochland, heretofore enacted are here-
by repealed.
11. This act shall bein force from its passage.