Chap. 83.—An ACT to provide for the working and keeping in repair the public
roads and bridges in the county of Richmond.

Approved January 22, 1898.

1. Be it enacted by the general assembly of Virginia, That the board
of supervisors of the county of Richmond shall ‘annually levy, along
with the county levy, a tax upon the property, real and personal, as-
sexsed for taxation in the several magisterial districts of the county,
which shall be applied to the working and keeping in order, and repair-
ing 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 eacl:
district shall be kept sep arate by the treasurer, and be used and applied
exclusively in the district where levied.
The county court of Richmond, or the judge thereof in vacation,
shall at the February term of said court, or as soon thereafter as practi-
cable, appoint one commissioner for ¢ ach magisterial district, who shall
bea qui alitied voter and landowner residing the rein, who shi all he sty'ed
commissioner of roads, and it shall be their duty to supervise the roads
within their respective districts. The said) comunissioners shall hold
them office for two vears from the first dav of March, unless sooner re-
moved for malfeasance or neglect. of duty, and shall receive for their
compensation under this act for every day's actual work in the discharge
of their duty as such road commissioner the sum of one dollar and a
half each, to be paid out of the road funds of their respective districts.
The sum, however, received by said commissioners shall not, in any one
vear, waren the sum of thirty-five dollars each, Any vacancy in the
oflice of commissioner shall be filled by said county court or the judge
thereof in vacation, for the unexpired term. Said conimissioners before
entering upon the duties of their office shall severally take and prescribe
the ustial 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 suid 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 vear 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 ¢ Je arly in the advertise ie nt the work to be done on
said pree inet or sections of roads or bridges therein, in addition to what
is specified and required by section nine hundred and eighty-two of the
code, such advertisement to be posted at three or more public places in
the neighborhood of the work to be done for at least twenty days, Said
commissioner shall have the right to reject the lowest bid received, if he
deem it too high, and thereafter can receive proposals to do the work
Ww ten requiring scaled: proposals,

. The said commissioners shall report to the board of supervisors at
a mecting to be held by them after any letting under this 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 ‘said board shall confirm: said le ‘tting, and said contractor shall
thereupon enter nto a bond, pavable to the said board of supervisors, in
a penalty double the amount of his contr: ict, conditioned for the faith-
ful pe formunee of the same, with or without security, as the board shall
deen: 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 commission 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 necessary means at the customary prices in the neighborhood,
Food

7. It shall be the duty of the commissioners to keep themselves in-
formed of the condition of the roads and bridges in the magisterial dis-
trict over which they have charge, and whenever the commissioner shall
deem that a road or bridge in his district has not been kept by the con-
tractor in the condition required by his contract, he shall at once notify
the contractor In writing of the fact, and if he does not, within thirty
davs from his notice, perform his contract, then said commissioner shall
have said road worked, or bridge repaired, according to the terms of the
contract, and the cost of such work, including two dollars per day for
attending to the same, shall be recoverable on the bond of such con-
tractor, after ten days’ notice, by motion, before tle county court of said
county, which shall have jurisdiction to hear and determine the same,
and give Judgment, including costs, according to the rights of the case.
Such motions shall be in the name of the board of supervisors of Rich-
mond county, and the attorney for the commonwealth for said county
shall represent the said board. The recovery in every case shall go
to the read fund of the district in which the road or bridge may be
located.

8. The contractors shall be paid for work done under their contracts,
semi-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 roa
is not in order, 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 comiissioner, ap-
pointed under this act, shall be interested in any contract under this
act. Any participation therein by anv such ofhicer shall vacate the
office of the person so offending, and shall render the contract entered
into with the contractor null and voit.

10. The general road law of this state, except so far as it is in conflict
with this act, shall be in force in the county of Richmond, and all
special road laws for the said county of Richmond, heretofore enacted,
are hereby repealed.

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