Chap. 185.—An ACT to amend and re-enact an act entitled an act to provide for
the working and keeping in repair the pubhc roads in the counties of Alle-
ghany, Bath and Ilighland, approved February 12, 1854.

Approved February 1, 1898.

1. Be it enacted by the general assembly of Virginia, That an act
entitled an act to provide for the working and keeping in repair public
roads in the counties of Alleghany, Bath and Highland, approved Feb-
ruary twelfth, eighteen hundred and eighty-four, be amended and _ re-
enacted so as to read as follows:

$1. Be it enacted by the general assembly of Virginia, That the board

of supervisors of the counties of Alleghany, Bath and Highland shall
have original Jurisdiction to establish, alter, discontinue, and build all
publie roads and bridges in their respective counties; and for this pur-
pose said board shall have all the powers now vested in the county
court, and the same proceedings shall be had therein as required in said
court, and all laws applicable to said court shall apply to said boards:
provided, that any one feeling himself aggrieved by any order of said
board establishing, discontinuing, or altering any road or bridge, may ap-
peal to the county court in the same manner that appeals are now allowed
from decisions from said board. The said boards of supervisors in their
respective counties aforesaid, shall take charge of and have worked and
kept in repair all public roads and bridges “heretofore and hereafter es-
tablished within the limits of said counties, respectively; and for this
purpose the said boards are respectively authorized and empowered to
levy a road tax, not exceeding in any one year twenty cents upon the
one hundred dollars of assessed taxable values in said counties, and to
adopt such regulations as may be necessary to secure the proper work-
ing of the roads in said counties, and for that purpose said boards may
purch ase such machinery and tools for the county as they may deem it
necessary, and let the same to the contractors under this act, on such
terms as they may think proper.
§ 2. The boards of supervisors shall, at their mecting next pre
che June term of the county court, in the year eizhteen hundr
ninety-eight, and every two years thereafter, appoint one commi
of roads for each magisterial district in said ‘counties, who shall ¢
in the county court of said counties by taking the usual oaths of
and shall continue as such until their successors are duly qualified
term of said commissioners of roads shall be two years, and shal
mence on the first day of July after their appointment. The sai
niissioners of roads shall have supervision of all the roads and |
within their respective districts in said counties.

§ 3. The said commissioners of roads shall severally, annually,
July terms of said county courts, let the contract to the lowest s
bidder, the work of keeping in repair the roads and bridges in th
tricts, notices of which letting shall be posted for ten days at eac
oftice and elsewhere in the district, the said letting to be as a wl
in sections, and for a term of not less than one nor more than five
at the discretion of the board of supervisors; said term to conime
the first day of August thereafter. They shall require the bids t
writing and signed by the contractor, and shall deliver the same
ecal to the boards of supervisors for their examination and appr
rejection at their first meeting thereafter. ach contractor shall
quired to execute a bond to the county with good security in the y
of at least double the amount of his bid for the faithful perform:
his contract, and a recovery may be had for any breach of said ¢
in the name of the county for the benefit of the road fund, in the
court by motion, after ten days’ notice to the contractor and his see
and in case of recovery on said motion the same costs shall be te
said judgment as if the motion was in favor of the commonwealt
any such judgment may be deducted by said boards from the ¢
due said contractor on his contract. The attorney for the common
shall institute and prosecute such motion. The contracts and
shall be filed with the clerk of the board of supervisors.

§ 4. It shall be the duty of the commissioner of roads, imme
after entering upon the duties of his office, to divide the roa
bridges into sections convenient for letting to contract under tl
and report the same to the first meeting of the board of supe
thereafter, who may make such alterations in said sections as the
think proper, and, ‘after approving the same, shall enter it of rec
their minutes. Said commissioner of roads shall give personal
vision to all the roads and bridges within their respective districts: |}
see that the contractors are faithfully performing their contrac
for any failure to carry it out the commissioner of roads of the
shall at once institute, through the prosecuting attorney, proceed:

the recovery of damages for the breach of said contract, and it s
the duty of every such commissioner of roads to cause the road:
district to be kept cleared, smoothed of rocks and obstructions, 0
sary width, well drained, ‘and otherwise in good order, and secu

the falling of dead timber therein; at the fork or crossing of eve

a sign-board, on which shall be ‘stated in plain letters the mos
places to which each road leads; and across each stream, whe
necessary and practicable, a sufficient bridge, bench or log for
commodation of foot passengers; and for every breach of duty under
any of the sections of this act he shall be guilty of a misdemeanor.

So. The commissioners of roads shall receive as compensation not
excceding two dollars per day while actually engaged, but in no case
shall his compensation exceed one hundred dollars per annum, to be
paid by the county.

$6. Upon the failure of any contractor to carry out his contract the
said commissioner may, if in the judgment of the member of the board
of supervisors of his district it is proper so to do, give said contractor
notice of such failure; and if within a reasonable time the said contractor
shall not have faithfully complied with his said contract, then the said
commissioner, by and with the consent of the member of the board for
his district, mav declare the contract at an end, and in such event he
shall so notify the contractor, and shall proceed to have the provisions
of said contract carried out, and the cost of so doing shall be paid by
the contractor, and shall be recoverable against him and his sureties, on
motion in the ‘county court.

$7. 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; and fur any violation of the provisions of this
section, such member of the board or commissioner shall be guilty of a
misdemeanor,

$8. All levies made and collected under this act shall be collected
and accounted for by the county treasurer as other levies are, and shall
be paid out on the order of the board of supervisors.

$9 The board of supervisors shall have power at any time, for good
cause, to revoke the appointment of a commissioner of roads, and to
appoint his suecessor to fill his unexpired term; also, to fix the compen-

sation of commissioner of roads, and all other powers necessary to be
employ ed in carrving out the provisions of this act. For the additional
services required by this act the board. of supervisors shall receive two
dollars per day for the time actually employed in so doing.

$10. Hf the board of supervisors shall neglect. or refuse to perform
any duty required of them: by this act. the county court may, upon the
application of any person interested, by mandamus, compel said board
to perform such duty.

$11. Such provisions of the general road law of the state as do not
eonthet with this act shall continue in force in the counties named
herein.

§ 12. All acts or parts of acts in conflict herewith are hereby re-
pealed.
$13. This act so far as it applies to the counties of Alleghany, Bath
and Highland, shall be in force from its passage, and as to the county
of Craig, it s hall be in force from and after July the first next.